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
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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.
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RAHMAN, MAJED FAHEEM ABDEL 20 OFF SALE BEER & WINF-
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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.
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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
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EXHIBIT A BY
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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:
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