HomeMy WebLinkAbout12/17/2003 - STAFF REPORTS (5) DATE: DECEMBER 17, 2003
TO: CITY COUNCIL
FROM: DIRECTOR OF PLANNING AND ZONING
REQUEST BY DIAB AHMAD HUSSEIN FOR THE ADOPTION OF A RESOLUTION OF
CONVENIENCE AND NECESSITY IN ORDER TO SELL BEER AND WINE AT AN EXISTING
SERVICE STATION (GENE AUTRY SHELL) LOCATED AT 4875 E. RAMON RD., M-1 ZONE,
SECTION 19.
RECOMMENDATION
That the City Council consider the adoption of a Resolution of Convenience and Necessity in
order to sell beer and wine at an existing service station located at the southwest corner of
Gene Autry Trail and Ramon Road (4875 E. Ramon Rd).
SUMMARY
The applicant currently owns and operates an existing service station at 4875 E. Ramon Rd.
The applicant desires to sell beer and wine at this location. The State Department of Alcoholic
Beverage Control will not issue a license for such a sale unless the City Council provides a
letter 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
Zone GP Description
North: M-1 & A A Vacant Lot &Airport
South: M-1 IND Vacant Lot
East: M-1 IND Vacant Lot
West: M-1 IND Manufacturin
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 beer and wine 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 Ramon Road corridor, between
El Cielo Road and the City limit there are four (4) businesses that sell alcoholic beverages.
There are also three (3) businesses that sell alcoholic beverages in the Gene Autry Trail
corridor between Vista Chino and E. Palm Canyon Dr.
The conditional use permit for the service station allows for accessory retail sales as an
accessory use. The CUP is silent on the sales of beer and wine. The attached resolution
approving sale of beer and wine includes conditions of approval, that require the proposed site
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to comply with the City Codes and Ordinances, hold the City harmless, provide video cameras
and comply with all original CUP conditions.
Director ofFPlanning and Zoning City Manager
ATTACHMENTS:
1. Letter of Request
2. Vicinity Map
3. Resolution
4. Conditions of Approval
STATE &CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Govemor
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
42-700 Bob Hope Drive, Suite 317 �;
Rancho Mirage, CA 92270
(760) 568-0990
January 6, 1999
PUBLIC CONVENIENCE AND NECESSITY e
Dear Applicant(s):
Your application is of a license type which requires a letter from the local City Council which
indicates that your premises will provide for the public convenience & necessity. This
requirement is pursuant to Section 23958.4 of the Business & Professions Code which took effect on
1-1-95.
Section 23958.4 indicates that a letter from the local governing body is required when the
applicant premises is located in a high crime area or in a census tract which is over-concentrated
with licenses based upon the resident population. Your premises has been determined to be in a
census tract which is over-concentrated with licenses.
Please contact the city planning department regarding this matter. Keep in mind that this letter
must be issued by the City Council ONLY, unless the City Council (in writing) delegates the
authority to issue public convenience and necessity determinations to the planning department.
A finding of "Public Convenience and Necessity" basically means that the applicant premises will
provide for the convenient patronage of the publib whereby that convenience does not already
exist in the immediate area. Also, necessity implies that the premises is needed by the community.
The absence of this letter or a letter from the City Council which indicates that your premises will
not provide for public convenience & necessity will require us to deny your application.
Please contact this office at (619) 568-0990 if our staff could be of further assistance regarding this
letter.
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state of California Department of Alcoholic Beverage Control
NOTICE OF APPLICATION TO SELL ALCOHOLIC BEVERAGES
ABC-207-A(9/00)
If application for an ON-SALE license is made, the following notice must be published once in a newspaper
of general circulation other than a legal or professional trade publication. The publication must be in the city
in which such premises are situated, or if such premises are not in a city, then publication shall be made in a
newspaper of general circulation other than a legal or professional trade publication nearest the premises.
Affidavit of publication shall be filed with the following office:
Department of Alcoholic Beverage Control
Rancho Mirage District Office
42-700 Bob Hope Dr., Suite 317
Rancho Mirage, CA 92270
NOTICE OF APPLICATION
TO SELL ALCOHOLIC BEVERAGES
Date of Filing Application: — —
To Whom It May Concern:
The Name(s) of the Applicants) Is 14/a
D AD
re-
IAB /fi� I Hussein
The applicants listed above are applying to the Department of Alcoholic Beverage Control to sell alcoholic beverages at:
4875 E Ramon Rd
Palm Springs CA 11I6
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Type of license(s) applied for:
Off-Sale Beer & Wine
Vicinity Map
t;AMON RD
Proposed
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CITY OF PALM SPRINGS
DESCRIPTION: Letter of Convenience
APPLIQANT- Diab Ahmad Hussein and Necessity for the sales of beer and
wine in an existing service station
RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE
AND NECESSITY IN ORDER TO SELL BEER AND WINE AT AN
EXISTING SERVICE STATION LOCATED AT 4875 E. RAMON
RD., M-1 ZONE, SECTION 19.
WHEREAS, Diab Ahmad Hussein ("applicant") has requested the adoption of a Resolution of
Convenience and Necessity in order to sell beer and wine at an existing service station at 4875 E.
Ramon Rd., M-1 Zone, Section 19; 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, 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, limited it to the sale of beer and wine;
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 4875
E. Ramon Rd., subject to the attached conditions of approval.
ADOPTED this 17th day of December 2003.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEW AND APPROVED AS TO FORM: ��
CONDITIONS OF APPROVAL
Gene Autry Shell
4875 E. Ramon Rd.
December 17, 2003
Before final acceptance, all conditions listed below shall be completed to the satisfaction of the City
Engineer, the Director of Planning and Zoning, 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.
1. 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.
la. 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 5.0534 — CUP and the granting of Convenience and Necessity for the sale of beer and
wine. 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 the
indemnification herein, 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. Sales of Beer, Wine, Liquor or other Alcoholic Beverages must be offered only in conjunction
with the secondary retail sale of food, groceries and sundries in which not less than 50% by
value of the retail sales of all products, other than gasoline and other motor vehicle fuels,
comprises sales of products other than beer, wine, liquor and other alcoholic beverages.
3. Video recording surveillance cameras shall be used to record all purchases and attempted
purchases of alcoholic beverages. Signs shall be posted, one outside the building at or near
the gasoline servicing area and another inside the building near the cash register notifying the
public that "all alcoholic beverage transactions are monitored in cooperation with the Palm
Springs Police Department." The videotape equipment used shall be such as to record at least
24 hours of operation, the tapes shall be maintained for the prior 72 hours, and the film shall be
made available to any representative of the Palm Springs Police Department within 24 hours of
a request. The tapes shall be made available for use in evidence against any person who
purchased or attempted to purchase alcoholic beverages as well as for use in any court or
administrative proceeding regardless of the type of criminal activity or the party or parties
involved.
4. Conditions of Approval for Conditional Permit No. 5.0534 shall remain in effect.
BUILDING DEPARTMENT
1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING
1. None