Loading...
HomeMy WebLinkAbout9/3/2003 - STAFF REPORTS (27) y_> DATE: September 3, 2003 TO: City Council FROM: Director of Planning and Zoning REQUEST BY DICK LEVITT FOR MAJED FAHEEM RAHMAN FOR THE ADOPTION OF A RESOLUTION OF CONVENIENCE AND NECESSITY FOR A TYPE 20 LIQUOR LICENSE FOR BEER AND WINE SALES FOR USA GAS MARKET, LOCATED AT 3689 NORTH INDIAN CANYON DRIVE, ZONE C-M, SECTION 34. RECOMMENDATION That the City Council consider the adoption of a Resolution of Convenience and Necessity in order to allow beer and wine sales at a 1410 square foot mini-mart at 3689 North Indian Canyon Drive. The applicant is Dick Levitt for Majed Faheem Rahman. SUMMARY The applicant desires to sell beer and wine as part of the USA Gas Market located at 3689 North Indian Canyon Drive. The site is located in a census tract with an over concentration of alcoholic beverage licenses. The State Department of Alcoholic Beverage Control will not issue a license unless the City Council provides a resolution indicating that the sale of beer and wine will provide for the public convenience and necessity. BACKGROUND The subject property is located at the southwest corner of North Indian Canyon Drive and Las Vegas Road. There is vacant land to the north, a telephone switching facility to the south, North Indian Canyon Drive and vacant land to the east, and vacant land to the west. The closest establishment that sells liquor is located at that northwest corner of Indian Canyon Drive and San Rafael Drive, approximately 800 feet south of USA Gas Market. A Conditional Use Permit(CUP)was approved by the Planning Commission on October 11, 1995 to re-open the auto service station and convert the service building into a 1410 square foot mini- mart. At the time the CUP was approved, there was discussion of beer and wine sales at the mini- mart, which would require a resolution of convenience and necessity. There was no application made to the State Department of Alcoholic Beverage Control for a liquor license at that time. Since conditions of approval cannot be added to a resolution of convenience and necessity, conditions regarding sales of beer and wine were added at the time the CUP was approved. The conditions stated that the City would continue to monitor the mini-mart activities due to its proximity to residential zones and that modification of the use, the site design, and potentially revocation of the permit could occur if concerns arose. In addition, the Police Department would have the right to limit hours of alcohol sales, if problems arose. The introduction of beer and wine sales would also require the applicant to complywith Section 94.02.00.H.2.m. of the Zoning Ordinance,which states that at least 50% of the value of retail sales shall be for products other than liquor and that video recording surveillance cameras shall be used to record all purchases and attempted purchases of alcoholic beverages. Staff has verified that video recording surveillance cameras have been installed on the premises. The request for a resolution of convenience and necessity was reviewed by the Police Department, which commented that as long as the owner complies ABC requirements and obtains the proper licensing, there were no other concerns. 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 alcoholic beverages at this location if the City Council does not adopt a resolution indicating that issuing such a license for the premises will provide for the public convenience and necessity. A finding of "Public Convenience and Necessity" means that the business will provide for the convenient patronage of the public whereby the convenience does not already exist in the immediate area; necessity implies that the premises is needed by the community. The beer and wine sales would be in conjunction with sales of sundries, tobacco products, dairy products, and convenience items. 'Directp f Planriing arld\Zoning ~ 1-7 1 9 , City Manager ATTACHMENTS 1. Letter of Request 2. Vicinity Map 3. Conditions of Approval for previously approved mini-mart 4. Resolution 02� �a VICINITY MAP N W E S LAS VE6AS . RD. 3 S JS /6 SITE �039Ac � i la e4/..J3.lo ,8 O I021C C' "w ti —RADIO .,.. �.,_. s.ee..aE ox9ea' - -RD. R w<r SO 43�; 40 0 006 ) 6 9 /0 8 1'8 /6 LH /6 /5 /4 /3 /0i033ACF h u x I Q q o I r eaJ . wOAS/S_ —_ — _ _ _— RD. CITY OF PALM SPRINGS [CASE NO.: DESCRIPTION: Request for a Resolution of Convenience and Necessity for beer PPLICANT: Dick Levitt for Majed Faheem and wine sales for USA Gas Market located at 3689 North Indian R1cl Canyon Drive,Zone C-M, Section 34. a � A3 Jvve ox �2bv G�'7'� N Gnf'12. C�v-sz aw �A-•� 5p6zYLI�/r, �. 2-7Y3 C) Cc Ham 17 fm � Pw CdGUI�c�� /rl��ulQe/cl , max/T# -r,,4 � wk �N 57, i-tp( W (2lf Ld�/UGi � �7Z F'CJd( /'� �C hl'�J /��' us�� �� � .4� o Gt'�-eR Gu�tS llZ✓�c?u..1 4- it-Trilz- �11Z C-S 5 / fYi 0 6,/ T-e w t.W 7 c c_ S�-r � ) (905) �'zi��z6 GNAT DAVIS cq rn' IJC N ED pREAAI$ES DIAGFtAtiA (RETAIL) � g x Tmntm R &ttET, A a , I. A►M.IOANINIYE ( ,ft mtmrpOMl 2 UCEttSEtME _. _ RAHMAN, MAJED FAHEEM ABDEL 20 OFF SALE BEER & WINF- 1Rg;iK-8 Rrm ! IS`rtriu,kh natw„rr.rAy,bacea+l 4. NEMtrgt MOMI STNEET 3689 N, INDIAN CANYON ROAD , PALM SPRINGS , CA. 92262 W. LAS VEGAN 11te diagram below is a true and correct description of the entrances, exits,interior walls and exterior boundaries of the premises to be licensed, including dinnensictnt. DIAGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . • . . . . . . . . . . . . . I . . . . ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . • . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . 1 . . . . . • . . . . . . . . . . . . . . • . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . .r i,V\[T . . . . . .IV t$IF n�'.Wow . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . : . . . . : . . . : : : : . . . . : . . 0 ►_� I. . . . . . . . . . • . . . . . . . . . • • - - �••rrry� . • • • • , • . . • • . . . . . . . . . �(� �. . , . . . . . . . : . . . . . . . . . . : , : . : : l? . . . . � : �h51i : : : : : . : . : : : . . . . . . . . . . . . . . . . . . :r-•.�. . . . . .I e 2rhiSiro: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : : . : . : : . .Ir4a3 �tt?G�`; . . . . . . . . . . . . . . . :� . . . . . . . . . . . . . . . . .,t,. . . . , . . . . . . . . . . . . . . . . . . : . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . �.. w .Criou U. . . . . . . . . . 7 1 k. . ,`. . Pv fit/K t . . . . . . . . . It is hereby declared that the above-described boundaries,ea tAncv" and planned apemdon as indicated on the revetse side, will not be changed without first notifying and kcudng prior written approval of the Department of Alcoholic beverage Control, I declare under penalty of perjury that the foregoing is true and correct. .P�itCANt SMNAttM It7rA/trM.VW"rMm I IOATEMNM FOR ABC USE ONLY 6nnFIFO CANRECf ISM �IIIN/ED NAME tN5PEC110N tlATE BC-257MIDI) ���� DO 31 A RIP EXHIBIT A BY R)g CONDITIONAL USE PERMIT NO. 5 . 0702 j GAS STATION/MINM�MART 3689 NORTH INDIAN CANYON DRIVE OCTOBER 11, 1995 CONDITIONS OF APPROVAL 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. ENGINEERING: *Conditions to be deferred to covenant and/or covenant INDIAN CANYON DRIVE NORTH *1 . Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210 . LAS VEGAS ROAD 2 . Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit . 3 . The developer shall obtain a License Encroachment Agreement from the Director of Planning and Zoning to construct landscaped planters behind the sidewalk on the Indian Canyon Drive North and Las Vegas Road frontages and shall agree to relocate said structure (s) upon the request of the Director of Public Works at such time as deemed necessary. The License Encroachment Agreement shall be submitted with the Building Plan. The Building Permit will not be issued until completion of the Agreement . 4 . All driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No . 201 . The driveway widths must conform to the Institute of Traffic Engineers "Guidelines for Driveway Design and Location. " *5 . Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No . 210 . 6 . Construct a ramp for the physically handicapped at the NORTHEAST corner of the subject property in accordance with State of California American Disabilities Act requirements . Proposed handicap design shall be submitted and approved by the City Engineer prior to construction. *7. The Engineering Division recommends deferral of off-site improvement ITEMS 1, 5 and 10 at this time due to lack of full improvements in the immediate area. The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the request of the City of Palm Springs Director of Public Works at such time as deemed necessary. The covenant shall be submitted with the Building Plan. The Building Permit will not be issued until completion of the covenant. ON-SITE 8 . The minimum pavement section for all on-site parking areas shall be a minimum of 2-1/2 inch asphalt concrete pavement over 4-inch Class II aggregate base with a minimum subgrade of 24 inches at 95o relative compaction, OR equal . The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval . 9 . The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306 . 00 . GENERAL *10 . Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building, permits . Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. 11 . A copy of a Title Report prepared/updated within the past 3 months shall be submitted to the City Engineer with the first submittal of the Grading Plan. 12 . Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 404 modified to require the final 2 feet of subgrade to be compacted in lifts not to exceed 15 inches . Pavement shall be restored to a smooth rideable surface. 13. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 14. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. Predevelopment Q shall not be exceeded. 15. The project is subject to flood control and drainage implementation fees . The acreage drainage fee at the present time is $ 6, 511. 00 per acre per Resolution No. 15189 . Fees shall be paid prior to issuance of a building permit . 16. Nothing shall be constructed or planted in the corner cut-off area of any street intersection or driveway which does or will exceed thirty (30) inches in height in order to maintain an appropriate sight distance. 17. All trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications . TRAFFIC 18 . The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the INDIAN CANYON DRIVE NORTH and LAS VEGAS ROAD frontages of the subject property. 19 . The developer shall replace all damaged or destroyed traffic control devices and provide any new traffic control devices required by the City Engineer on the INDIAN CANYON DRIVE NORTH AND LAS VEGAS ROAD frontages prior to issuance of a Certificate of Occupancy. 20 , Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1991, or subsequent additions in force at the time of construction. 21 . This property is subject to the Transportation Uniform Mitigation Fee based on the CONVENIENCE STORE ITE Code A AND H land use. PLANNING: 22 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. 23 ,, 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 . 0702-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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2 Should traffic conflicts arise in the future regarding on-site circulation, as determined by the Director of Planning and Building and the Director of Public Works, the applicant shall submit and implement a revised site plan which proposes site redesign such as closing the northern driveway along North Indian Canyon Drive to be reviewed and approved by the Planning Commission. 2;�,. Due to the proximity of the site to residential zones, the City shall have the right to continually monitor and review the subject use for its appropriateness in relation to future development, such that future revisions to this Conditional Use Permit may be necessary such as, modification of the use, modification of the site design and ultimately the revocation of this Conditional Use Permit for the mini-mart if necessary. 26 . A continuous six inch barrier curb shall be installed five feet from the west and south side property lines with NOS landscape planters between the property line and the barrier curbs (the proposed landscape planters along the building may need to be adjusted in order to accommodate required drive aisle widths) . r 27. In order to prevent graffiti on the west elevation of the mini-mart building, a landscape planter and screening k.25h� landscape shall be installed adjacent to this west elevation, NpdSro or any other alternative as proposed by the applicant to prevent the occurrence of graffiti as approved by the Director of Planning and Building. 28 . An additional landscape island shall be installed in the parking area along the south property line which has a minimum *-9'1t exterior width of nine feet with a minimum six foot wide shown planting area. or f 10, 29 . In the future, should development on the property to the west of the subject site warrant additional buffering, or should other concerns arise, the masonry wall along the west property shall be extended to a total height of six feet. 30 . Final landscaping and irrigation plans shall be submitted for N.ys approval by the Department of Planning and Building prior to mvAsfv issuance of a building permit . Landscape plans shall be subm1' approved by the Riverside County Agricultural Commissioner' s Office prior to submittal . Irrigation plans shall are subject to the City of Palm Springs Water Efficient Landscape Ordinance (Chapter 8 . 6 of the Municipal Code) and shall be reviewed by the Desert Water Agency. 31. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3 ' wide and 6" deep and shall be identified on the landscape plan. The irrigation system shall be field tested prior to final approval of the project . Section 14 . 24 . 020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters . 32 . Shading requirements for parking lot areas as set forth in Section 9306 . 00 of the Zoning Ordinance shall be met . Details to be provided with final landscape plan. 33 . All roof mounted mechanical equipment shall be screened from 4. all possible vantage points both existing and future per M Section 9303 . 00 of the Zoning Ordinance . The screening shall info be considered as an element of the overall design and must blend with the architectural design of the building(s) . The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 611 above the equipment for the purpose of screening. 34 . All materials on the flat portions of the roof shall be earth tone in color. L,'Ilk 35 . The street address numbering/lettering shall not exceed eight inches in height . a`5AID 36. An exterior lighting plan shall be submitted for review and 4•U� approval by the Director of Planning and Building prior to the issuance of building permits . A photometric study and manufacturer' s cut sheets of all exterior lighting on the building, in the landscaping and in the parking lot shall be submitted with the lighting plan. • Illumination levels in the parking area shall be an average of one-foot candle. • Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. • If building mounted, down-lights shall be utilized. 37 . Plans for an enclosure accommodating both trash and recyclable A,16 . W materials bins shall be submitted for review and approval by (%, ( , .M4_he Director of Planning and Building prior to the issuance of 5*a�j a building permit; such plans shall comply with City standards for trash and recyclable materials enclosure. 3$! This project shall be subject to Chapters 2 .24 and 3 .37 of the ll Municipal Code regarding public art . The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2o for commercial projects or 1/40-. for residential projects with first $100, 000 of total building permit valuation for individual single-family units exempt . Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 39 . The colors to be used on the proposed building(s) shall be 5o49u *k 14submitted for review and approval by the Director of Planning and Building prior to issuance of building permits . ,40 . No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems . JI . No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 42 . Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 43 . Prior to the issuance of building permits, locations of all p6o� telephone and electrical boxes must be indicated on the ko If- building plans and must be completely screened and located in F11,16'i•25the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage (s) of the project . Said transformer(s) must be adequately and decoratively screened. 44 . No exterior downspouts shall be permitted on any facade on the ,A,14 proposed building(s) which are visible from adjacent streets wQcoc„ ^w or residential and commercial areas . 45 . The parking lot shall entail the following: p,25 yeti ok *Parking stalls shall be delineated with a 4 to 6 inch double 04 in taw stripe - hairpin or elongated °U" design with a total width of 22 inches . •Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. *Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide . Handicap parking spaces shall be 18 feet deep by 9 feet wide plus an 8 foot walkway on the right side and shall be designated as "van accessible" . 46 . Pursuant to Section 9402 . 00 H.2, 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 one inside the building near the cash registers 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 upon 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 the administrative proceeding regardless of the type of criminal activity or the party or parties involved. FIRE DEPARTMENT: 47 . The mini mart shall comply with the Uniform Building Code and Uniform Fire Code; plans for the interior shall be submitted to the Building division for review. 48 . The Existing pump island shall comply with the Uniform Fire Code . POLICE DEPARTMENT: 49 . Developer shall comply with Section II of Chapter 8 . 04 of the Palm Springs Municipal Code . asR ��- 50 . If in the event problems arise due to alcohol sales, including beer and wine sales, the City reserves the right to re-assess the issue with regard to imposing a restriction on hours of alcohol sales . WASTE DISPOSAL SERVICES: 51. The location of the trash enclosure .shall be deemed acceptable by the Palm Springs Disposal Services. BUILDING DEPARTMENT: 52. Prior to any construction on-site, all appropriate permits must be secured. RMRSIDE COUNTY HAZARDOUS MATERIALS DEPARTMENT: 53 . All necessary permits shall be obtained through the Riverside County Hazardous Materials Department prior to issuance of certificates of occupancy for the service station and mini- mart . a�� l� RESOLUTION 20733 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY FOR A TYPE 20 LIQUOUR LICENSE FOR A MINI-MART LOCATED AT 3689 NORTH INDIAN CANYON DRIVE, ZONE C-M, SECTION 34. WHEREAS, Dick Levitt for Majed Faheem Rahman ("applicant') has requested the adoption of a Resolution of Convenience and Necessity for beer and wine sales in a mini-mart located at 3689 North Indian Canyon Drive, Zone C-M, Section 34; and WHEREAS, a Conditional Use Permit was approved on October 11, 1995 for said mini-mart; and WHEREAS, conditions of approval were included in the Conditional Use Permit with regards to beer and wine sales; and WHEREAS, the applicant is requesting that the City Council 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts a Resolution of Convenience and Necessity supporting the issuance of a Type 20 liquor license for USA Gas Market located at 3689 North Indian Canyon Drive. ADOPTED THIS 3rd day of September 2003. AYES: Members Mills, Oden, and Mayor Kleindienst NOES: Member Reller-Spurgin ABSENT: Member Hodges ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: a� �