HomeMy WebLinkAbout2/4/2004 - STAFF REPORTS (3) i
DATE: FEBRUARY 4, 2004
TO: CITY COUNCIL
FROM: DIRECTOR OF PLANNING AND ZONING
REQUEST BY COSTA NICHOLS FOR THE ADOPTION OF A RESOLUTION OF
CONVENIENCE AND NECESSITY IN ORDER TO SELL ALCOHOL AT A PROPOSED NEW
LIQUOR STORE LOCATED AT 611 SOUTH PALM CANYON DRIVE, SUITE #1. ZONE PD-77
(C-2). SECTION 22,
RECOMMENDATION
That the City Council consider the adoption of a Resolution of Convenience and Necessity in
order to sell alcohol at a proposed new liquor store located at Sun Center(611 S. Palm Canyon
Dr, Suite #1). A draft resolution is attached.
SUMMARY
The proposed business will create and ship specialty gift baskets of gourmet foods, premium
spirits and premium wines. An on-site wine tasting room is also proposed. The applicant has
stated that the store is more of a display of the gourmet gift baskets they will be selling. The
primary source of revenue will come through orders placed by phone and/or through the Internet
for the gourmet gift baskets.
The applicant has applied for two (2) liquor licenses through Department of Alcoholic Beverage
Control. The two (2) licenses are as follows:
License
Number Type of License
21 Off-Sale General (beer, wine and spirits)
42 On-Sale Beer and Wine for Public Premises
"Source: Department of Alcoholic Beverage Control website
The State Department of Alcoholic Beverage Control will not issue a license 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 and necessity.
BACKGROUND
The subject property is in a commercial area. Abutting uses are as follows
GP Zone Description
North CBD PD-82 Retail - The Wherehouse
South RC C-2 I.L., C-2, R-2 Vacant, Commercial - Desert Hand Car Wash
East RC C-2 Vacant, Commercial— Jack In The Box, Starbucks, Hotel
West M15 R-3 Vacant
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In accordance with Section 23958.4 of the Business and Professions Code which took effect on
January 1, 1995, the State Department of Alcoholic Beverage Control will not issue a license for
the sale of alcohol at this location without a letter or resolution from the City Council indicating
the premises will provide for the public convenience and necessity. A finding of "Public
Convenience and Necessity" means that the applicant premises will provide for the convenient
patronage of the public whereby the convenience does not already existing in the immediate
area. Necessity implies that the premise is needed by the community.
Currently the State Department of Alcoholic Beverage Control, pursuant to the 1995 state law,
considers the City of Palm Springs as over-concentrated relative to establishments that provide
alcoholic beverages. State law was enacted to allow local government the opportunity to
regulate the number and location of such uses. Currently in the South Palm Canyon Drive
corridor there are four (4) businesses that sell alcoholic beverages (Club Liquor, Palm Canyon
Liquors & Deli, Cork 'N' Bottle Liquor Store & Deli and One Stop Liquor).
The Planning Commission January 14, 2004 approved the Conditional Use Permit for the liquor
store. The attached resolution approving sale of alcohol includes conditions of approval, that
require the proposed site to comply with the City Codes and Ordinances and hold the City
harmless. At the public hearing, no members of the public spoke.
Director of`Planning and Zoning City Manageres '
ATTACHMENTS:
1. Letter of Request
2. Vicinity Map
3. Resolution
4. Conditions of Approval
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12/1/2003 4:15 PM FROM: Fax P0: 3228360 PAGE: 002 OF 002
Costa&Zola Nichols
Box 5325, Palm Springs, CA 92263
760-323-3343
DBA: Desert Discount Wine, Spirits & Gifts
611 S. Palm Canyon Drive, Suite 1
Palm Springs, CA 92264
November 5, 2003
Letter of Convenience and Necessity
It is our desire to operate a small shop dedicated to the sales of premium
products and the gift packaging of those products for individual clients and for
corporate customers as well. We have chosen this location for the following
reasons:
1. The owner of the Sun Center shopping mall finds our concept
compatible with his desire to upgrade the property and bring it into line
with the current image of Palm Springs as a quality destination city. To
this end he is investing heavily to remodel and to rebuild. His plans
are currently being reviewed by city planning officials.
2'. Approximately two-thirds of the 2000 square feet interior will consist of
showroom space, and one-third will be devoted to storage, where our
packing tables will be located.
3. A small area of the resale space will be set aside, as per ABC
regulations, for a wine tasting area. Besides providing the opportunity
to explore new products through sampling, we will offer occasional
seminars to educate our customers as to the provenance and
production of our selections.
4. Our concept is unique, in that there is no location in the Coachella
Valley presenting a wide premium selection, added with educational
opportunities and discounted pricing,the opportunity to package in gift
baskets or specialty boxes, and complete shipping services.
5. As increasing numbers of citizens and tourists visit the Sun Center, the
convenience of our offering becomes more apparent. The blend of
compatible businesses providing one-stop shopping, with abundant
parking, supports that convenience and enhances the necessity of our
products.
Costa Nichols
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- Vicinity Map
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�! CITY OF PALM SPRINGS
CASE NO.: 5.0990 CUP DESCRIPTION: Application by Costa Nichols for a
Resolution of Convenience and Necessity to operate a
APPLICANT: Costa Nichols liquor,wine and beer store with a wine tasting room.
The store will also sell gift baskets and boxes of wine
and gourmet foods. Location 611 S. Palm canyon Dr.,
Suite 1,zone PD-77, Section 22
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RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE
AND NECESSITY IN ORDER TO SELL ALCOHOL AT A
PROPOSED NEW STORE LOCATED AT 611 S. PALM CANYON
DR., SUITE #1, PD-77 (C-2) ZONE, SECTION 22.
WHEREAS, Costa Nichols ("applicant") has requested the adoption of a Resolution of
Convenience and Necessity in order to sell alcohol at a proposed new store at 611 S Palm
Canyon Dr., Suite #1, PD-77 (C-2) Zone, Section 22; and
WHEREAS, the City Council is being asked to adopt a Resolution of Convenience and
Necessity pursuant to the requirements of the Alcoholic Beverage Control Board; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the project, including but not limited to the staff report; and
WHEREAS, at its January 14, 2004 meeting, the Planning Commission held a public hearing on
a conditional use permit for a liquor store and subsequently approved the CUP; and
WHEREAS, all Conditions of Approval established at the time the use was established are to
remain in full force and effect; and
WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for
a license to sell alcohol: license number 21 - Off-Sale General (beer, wine and spirits) and
license number 42 - On-Sale Beer and Wine for Public Premises;
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council
hereby adopts a Resolution of Convenience and Necessity for the sale of beer and wine located
at 4575 E. Ramon Rd., subject to the attached conditions of approval, Exhibit A.
ADOPTED this 4th day of February 2004.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEW AND APPROVED AS TO FORM: &6
Exhibit A
CASE 5.0990 — CUP
CONDITIONS OF APPROVAL
COSTA NICHOLS
DESERT DISCOUNT WINE, GIFTS AND SPIRITS
611 S. PALM CANYON DR., SUITE #1
February 4, 2004
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or
their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PLANNING DEPARTMENT:
1. The proposed development of the premises shall conform to all applicable regulations of the
Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and
resolutions which supplement the zoning district regulations.
1a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,
officers, and employees from any claim, action, or proceeding against the City of Palm
Springs or its agents, officers or employees to attach, set aside, void or annul, an approval
of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers
concerning Case 5.0990 - CUP. The City of Palm Springs will promptly notify the applicant
of any such claim, action, or proceeding against the City of Palm Springs and the applicant
will either undertake defense of the matter and pay the City's associated legal costs or will
advance funds to pay for defense of the matter by the City Attorney. If the City of Palm
Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails
to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to
defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the applicant's
consent but should it do so, the City shall waive further indemnification hereunder, except,
the City's decision to settle or abandon a matter following an adverse judgment or failure to
appeal, shall not cause a waiver of the indemnification rights herein.
2. Non-compliance with any of the conditions of this approval, or with City codes and
ordinances, State laws; any valid citizen complaints or policing and safety problems (not
limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the
operation of the establishment; as determined by the Chief of Police or the Director of
Planning and Zoning, may result in commencement of proceedings to revoke the
Conditional Use Permit pursuant to Section 94.02.00.1 of the Zoning Ordinance. In addition,
violations of City Codes and Ordinances will result in enforcement actions that may include
citations, arrest, temporary business closure, or revocation of this permit in accordance with
law.
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3. Conditional Use Permit approval shall be valid for a period of two (2) years. The Planning
Commission, upon demonstration of good cause, may grant extensions of time to open the
proposed business. Once the business is open, this CUP shall not have a time limit and
shall be valid provided all Conditions of Approval are complied with.
4. The appeal period for a Conditional Use Permit application is 15 calendar days from the
date of project approval. Permits will not be issued until the appeal period has concluded.
5. Separate architectural approval and permits shall be required for all signs. A detailed sign
program shall be submitted for review and approval by the Planning Commission prior to
issuance of building permits.
6. No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan.
7. The applicant shall be required to maintain the business plan and hours of operation, as
stated on the Conditional Use Permit application. Hours of operation will be from 8:00 A.M.
to 6:00 P.M. daily. Any future modifications to the business plan hours of operation shall
require prior approval by the Director of Planning and Zoning or designee
8. The City reserves the right to modify or restrict the business hours based upon documented
operational circumstances.
9. The applicant/owner shall notify the Director of Planning and Zoning in writing 30 days in
advance of any changes in the operation of business. Any change to business plan or
transference of this Conditional Use Permit upon change of ownership is subject to review
and approval by the City.
10. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and
shall take all necessary measures to ensure that customers do not loiter, create noise, litter,
or cause any disturbances while on-site. The owner and operator shall ensure that at
closing time all customers leave the property promptly and that the property is clean and
secure before the owner/operator leaves the premises. The Police Chief, based upon
complaints and/or other cause, may require on-site security officers to ensure compliance
with all City State, and Federal laws and conditions of approval. Failure to comply with
these conditions may result in revocation of this permit, temporary business closure or
criminal prosecution.
BUILDING DEPARTMENT
1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING
1. None
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