Loading...
HomeMy WebLinkAbout9/3/2003 - STAFF REPORTS (26) Date: September 3, 2003 To: City Council From: Director of Planning &Zoning REQUEST BY MARIAAND CARLOS QUEVEDO FORA RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL BEER AND WINE AT SANTA MARIA MEAT MARKET, LOCATED AT 1566 NORTH PALM CANYON DRIVE, C-1 ZONE, SECTION 10. RECOMMENDATION: That the City Council consider the adoption of a Resolution of Convenience and Necessity for Santa Maria Meat Market located at 1566 Palm Canyon Drive North. The applicant is Santa Maria Meat Market; the officers are Maria and Carlos Vidal Quevedo. SUMMARY: The applicant desires to sell beer and wine as part of the Santa Maria Meat Market. The site is located within an area of over concentration of alcoholic beverage licenses. The State Department of Alcoholic Beverage Control will not issue a licence unless the City Council provides a resolution indicating that the sale of beer and wine will provide for the public convenience and necessity. The City Council previously did not approve a similar request for this business at its January 16, 2002 meeting. BACKGROUND: On January 16, 2002 the City Council did not issue an Alcoholic Beverage Control Licence. At this meeting the motion to approve failed by a 2-2 vote. The same applicant is reapplying for the resolution of necessity and convenience. The subject property is located in a commercial area. There are commercial buildings to the north and south of the market as well as to the west across North Palm Canyon Drive. Directly to the east and on the same parcel is a 22 unit apartment building fronting on North Indian Canyon Drive. In accordance with Section 23958.4 of the Business and Professions Code which took effect January 1, 1995, the State Department of Alcoholic Beverage Control will not issue a licence for the sale of beer and wine 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. The use is being requested for convenience of the customer, and that a one stop market will be created. 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. There are no other markets located in the vicinity of the subject property. The nearest grocery stores are located at the corner of Vista Chino Road and Sunrise Way. There is currently a liquor store across the street on the southeast corner of Vista Chino Road and Palm Canyon Drive. 24r, DOUGLAS . EVANS Director of Planning and Zoning City Manager Attachments: 1. Letter request 2. Vicinity Map 3. City Council Minutes, June 16, 2002 4. Resolution of Convenience and Necessity Santa Maria Meat Market 1566 N. Palm Canyon Drive Palm Springs, Ca 92262 July 15, 2003 City of Palm Springs City Counsel RE: Aplication for a City letter of necessity and convenience to sell Beer& Wine Dear Sir/Madam: I would like to re-apply for a letter of necessity and convenience to permit a small grocery meat market store to operate an existing license to sell beer and wine off sale. We are by no means to sell hard liquor we are requesting this permit for the absolute sale of beer and wine, that our customers like the convenience of purchasing when they getting some of our delicious "carte asada", or any other meat that we came. We open our grocery meat market on August 10, 2002, after we moved from Cathedral City to relocate in Palm Springs. We never knew that our license was not operative in the City of Palm Springs. When We contact ABC to relocate the license, We were told that license was good in the entiry county of Riverside. Please approve our small market and grant us the city permit to operate our Off Sale Beer &Wine license. Thank you, for your consideration in this matter. Sincerely, Maria & Carlos Quevedo DBA Santa Maria Meat Market n D E Q °.1 J U L 1 7 2003 p l" ' a � A3 VICINITY MAP SITE ----enino--- 1 4 N+11 11 M.M MI.N N.M �`" INA1 MM NI" •n , �' 11 N.\ i i;� i_ 0 { � I,' ID 1 Il , si � _ i -� 4 ,_ I ».. ..« 1 .. i C q ! 1 z li n © p O I63 _0_ I6D �� .. ••. A .11 CITY OF PALM SPRINGS CASE NO. None DESCRIPTION Request for Resolution of Convenience and APPLICANT Maria and Carlos Quevedo Necessity to sell beer and wine at the Santa. Maria Meat Market, Located at 1566 North' Palm Canyon Drive, C-1 Zone, Section 10 Council Minutes 01-16-02, Page 10 18. COMPREHENSIvE FEE SCHEDULE AMENDMENT Recommendation: That the Council amend the Co •prehensive Pee Schedule to establish a fee for adult oriented businesses. Director of Planning & Building revi/homany ff report. Councilmember Oden questioned businesses have requested a permit. Director of Planning & Building fed that the requests come in flurries; and that under the new ordinance, non have been applied for. Councilmember Reller-Sp rgin stated opposition to adult oriented businesses. Resolution 20260 as commended was presented; after which, it was moved by Mills, seconded by den and carried by the following vote, that R20260 be adopted. AYES: Members Mills, Oden and Mayor Kleindienst NO: Member Reller-Spurgin ABSEN� None. 19. RESOLUTION OF CONVENIENCE & NECESSITY — 1566 NORTH PALM CANYON DRIVE Recommendation: That the Council approve a Resolution of Convenience and Necessity to sell beer and wine at the location of 1566 North Palm Canyon Drive_ Director of Planning & Building reviewed the staff report. Mayor questioned if there were any other shops like the proposed in the immediate area. Director of Planning & Building stated that the nearest other small market is located near Vista Chino and Sunrise, Mayor questioned if the purchase of beer and wine could be made directly across the street from this request. Director of Planning & Building affirmed. Councilmember Oden questioned the square footage of the store. Director of Planning &Building stated approximately 2,000 square feet, Councilmember Reller-Spurgin stated that in keeping with her established tradition, she would not be voting in favor of the convenience and necessity to purchase liquor. Councilmember Oden questioned if there is an over saturation of this type of market in the area. Council Minutes 01-16-02, page 11 Director of Planning & Building stated that Palm Springs as a whole is over saturated; that the State has determined that any additional allowances for the license require City approval; that this particular project is a meat market; that the use is being requested for the convenience of the customers and that a one stop shop would be created. Motion for approval of the item was presented; after which, it was moved by Oden, seconded by Mills and the Motion was considered lost due to a tie vote, with Reller-Spurgin and Kleindienst dissenting. Councilmember Oden stated that the saturation claim by the State is understandable; but that this proposal is for the convenience of the customers; that this store is only requesting to sell beer and wine; that the store across the street sells all alcohol and that without the approval a handicap is created for a new business. Councilmember Mills stated that Council has previously approved these types of permits; that the case is no different than previous cases; and added that the main purpose of the store is a meat market. Director of Planning & Building stated that ABC does require City approval for the issuance of the license and that if no action is taken; the ABC will consider the item denied. Councilmember Oden stated that the applicant should be given an opportunity to speak. Motion to reconsider the previous action was presented; after which, it was moved by Oden, seconded by Mills and failed by the following vote, that the item be reconsidered. AYES: Members Mills and Oden NO: Member Reller-Spurgin and Mayor Kleindienst ABSENT: None. 20. CALEASE SU LEMENT 7 Recommendation: That the Council approve Supplement 7 to A4035 with CaLease to finance a purchase of twenty-five (25) vehicles scheduled for replacement in the 2001- replacement cycle for$620,000. City Manager reviewed the sta report, no further report was given. Minute Order 1i998 as recornmende was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, nd unanimously carried, that M06998 be adopted. r a �4 RESOLUTION NO. 20732 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 SANTA MARIA MEAT MARKET, LOCATED AT 1566 NORTH PALM CANYON DRIVE, C-1 ZONE, SECTION 10. WHEREAS, Maria and Carlos Quevedo, (the "Applicants") are requesting the adoption of a Resolution of Convenience and Necessity for a delicatessen to be located at 1566 North Palm Canyon Drive, C-1 zone, Section 10; 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 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 beer and wine license provided the business plan and approved floor plan are complied with. Such plans are on file in the Department of Planning and Zoning. City Clerk. ADOPTED this 3' 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 By: City Clerk City Manager REVIEWED &APPROVED AS TO FORM �� �