The URL can be used to link to this page

Home My WebLink About12/19/2007 - STAFF REPORTS - 2.L. F p,L SA of A?r y `` c V N 4 e ��'oYn�e -0``F° "'P CITY COUNCIL STAFF REPORT DATE: December 19, 2007 Consent Calendar SUBJECT: REQUEST BY SOBHY YOUSEF FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (CASE: 5.1167-PCN) IN ORDER TO SELL BEER AND WINE AT THE SHELL GAS STATION LOCATED AT 1708 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 3. CASE: 5.1167- PCN FROM: David H. Ready, City Manager BY: Craig Ewing, AICP, Director of Planning Services SUMMARY Staff is requesting that the Council adopt a Resolution of Public Convenience for off-site sale of beer and wine for the Shell Service Center at 1708 North Palm Canyon Drive, RECOMMENDATION: Adopt Resolution No- , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AT THE SHELL SERVICE CENTER LOCATED AT 1708 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 3." BACKGROUND: The applicant has applied for a Type 20 license through the Department of Alcoholic Beverage Control for an existing gas station and market at 1708 North Palm Canyon Drive. The request is in association with Case No. 5.1167. The `Type 20" license authorizes the sale of beer and wine for off-site consumption. STAFF ANALYSIS: The applicant is applying for a new liquor license at the location (for beer and wine only). The California Department of Alcoholic Beverage Control will not issue a license for such a sale unless the City Council adopts a resolution for such a sale unless the City Council adopts a resolution pursuant to state law, indicating that the premises will provide for the public convenience or necessity. ITEM NO. City Council Staff Report December 19, 2007 5.1167-PCN 1708 N. Palm Canyon Drive Page 2 of 3 In accordance with Section 23958.4 of the Business and Professions Code which took effect on January 1, 1995, "undue concentration" means a property that is located in a census tract (or division) where the ratio of on-sale retail licenses to the population in that tract (or division) exceeds the ratio of licenses to the population in the subject county. When an undue concentration is determined to exist, the State Department of Alcoholic Beverage Control will not issue a license for the sale of alcohol without a letter or resolution from the City Council which indicates the premises will provide for the public convenience or necessity. Currently the State Department of Alcoholic Beverage Control considers the City of Palm Springs as having an "undue concentration" of liquor licenses — that is, more liquor licenses per capita in Palm Springs than throughout Riverside County. The subject property is within Census Tract #0446.01 which has 111 on-sale licenses and 15 off- sale licenses. The tract has two additional pending off-sale licenses. Four off-sale licenses are authorized for the tract. State law was enacted to allow local government the opportunity to regulate the number and location of such uses. By making a finding of "Public Convenience or Necessity", the City Council may determine that the subject premises will provide for the convenient patronage of the public whereby the convenience does not already exist in the immediate area. The subject property is in a commercial area. Abutting uses are as follows: GP Zone Description North Tourist Resort Commercial C-1 Church South Mixed Use/Multi-Use C-1 Baker's Square (Restaurant) East Tourist Resort Commercial C-1 Uptown Grill (Resturant) West Tourist Resort—Commercial Williams Office Building The floor area of the existing building which will serve liquor is approximately 1,844 square feet—the retail portion of the station. Currently, the gas station operates a retail store and an automobile service station on-site. A Resolution of Public Convenience from the City Council is still necessary for the ABC to issue a license to address the area's undue concentration. CONCLUSION: Staff is recommending approval of Case 5.1167-PCN and adoption of a Resolution of Public Convenience for the Shell Service Center store to allow the issuance of a Type 20 (Off Sale Beer& Wine) Liquor License located at 1708 North Palm Canyon Drive. 000002 City Council Staff Deport December 19, 2007 5.1167-PCN 1708 N. Palm Canyon Drive Page 3 of 3 v C"Tg A. Raj, AICCPP, Thomas W. Wils ri, Director of Planning Services Assistant City Manager David H. Ready, City Man Attachments: 1. 500' Vicinity Map 2. Letter of Request 3. Draft Resolution 0000V�3 F4A�M sp Department of Planning Services IN V _ Vicinity Map W� E VIA ESCIJELA __... _ MARISCAL RD �I ? � Legend a Site 500 feet O S VISTA CHINO `� SH-111TR — II/ o a Z J lid0 Y ¢ VIA DEL So T-a L p z �U Rr r 0 4 CHUCKWALLA RD S7EVENS RD Q �S r — LQ z { STEVENS RD CITY OF PALM SPRINGS CASE NO: 5.1167 PCN DESCRIPTION: A request by Sobhy Yousef for a Resolution of Public Convenience or Necessity to sell alcohol at the Shell APPLICANT: Sobhy Yousef, Shell Service Center located at 1708 N. Palm Canyon Drive, Zone C- Service Station 1, Section 3, AM 504-320-010. 0000a4 SOFIHY YOUSEF _ YOUSEF SERVICE CENTER r DEAR, CRAIG A. EWING MY NAME IS SOBHY YOUSEF OWNER AND OPERATOR OF YOUSEF SERVICE CENTER LOCATED AT 1708 N. PALM CANYON, PALM SPRINGS, CA., 92202 UP AND REQUEST FROM ABC I NEED AN APPROVAL FOR PUBLIC CONVINIEN T AND NECESSITY. I WOULD APPRECIATE YOUR APPROVAL, SINCERLY, SOBHY `(OUSEL 1/Gj / C RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AT THE SHELL SERVICE CENTER LOCATED AT 1708 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 3. WHEREAS, Sobhy Yousef ("Applicant') has requested the adoption of a Resolution of Public Convenience in order to sell alcohol at the Shell Service Center located at 1708 North Palm Canyon Drive, Zone C-1, Section 3; and WHEREAS, the Applicant agrees to sell alcohol as part of a automobile service station and general retail; and WHEREAS, the City Council is being asked to adopt a Resolution of Public Convenience pursuant to the requirements of the Alcoholic Beverage Control Board and applicant; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the Resolution of Public Convenience, including but not limited to the staff report, and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell alcohol: license number 20 (Off Sale Beer and Wine). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that a Type 20 liquor license (Off Sale Beer & Wine) at 1708 North Palm Canyon Drive serves the Public Convenience. ADOPTED THIS 19th day of December, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 0 0 a Resolution No. Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000007