HomeMy WebLinkAbout4/16/2003 - STAFF REPORTS (9) Date: April 16, 2002
To: City Council
From: Director of Planning and Zoning
REQUEST BY JACQUES-WRIGLEY MANAGEMENT GROUP LLC FOR A RESOLUTION OF
CONVENIENCE AND NECESSITY FOR A TYPE 21, OFF-SALE BEER AND WINE LICENSE
FOR A RETAIL SALES USE IN CONJUNCTION WITH A WAREHOUSE/DISTRIBUTION
CENTER IN A MULTI-TENANT INDUSTRIAL BUILDING, LOCATED AT 820 RESEARCH
DRIVE, UNITS #11 AND #12, M-1-P ZONE, SECTION 13.
RECOMMENDATION:
That the City Council consider the adoption of a Resolution of Convenience and Necessity for
the retail sales of alcohol (beer and wine only) in conjunction with a warehouse/distribution
center in a multi-tenant building located at 820 Research Drive, Units #11 and #12. The owner
of the business is the Jacques-Wrigley Management Group LLC.
SUMMARY:
The subject property is located within an existing multi-tenant industrial building located on
Research Drive, westerly of Farrell Drive. The applicant is seeking approval of a Resolution of
Convenience and Necessity in order to facilitate a relatively small warehouse distribution facility.
In this instance California Alcohol Beverage Control Department also requires retail sales on
site.
BACKGROUND:
The intent of the applicant is to provide pre-packaged food, beverages, beer, wine, health,
beauty, convenience and grocery items to hotel and resort properties. The applicant's proposed
operation is focused on product delivery and convenience in response to phone requests
primarily. Therefore a location with a warehousing component is necessary for this business.
In order to comply with Rule 27 of the California Code of Regulations regarding the retail sale of
alcoholic beverages, State of California Alcoholic Beverage Control Department, License 21 —
Off-sale Beer and Wine, the licensee must display alcoholic beverages and provide a storefront
for the general public. It is estimated that less than 5% of sales would be expected from over-
the-counter alcohol sales at the warehouse location. The retail display is for Alcohol Board
Control liquor display compliance only. The leased area is 4,295 square feet, of that 377 square
feet will comprise retail sales area.
• In order to comply with the M-1-P zoning designation, the Planning Commission will be
reviewing the proposed use for Conditional Use Permit approval on April 9, 2003. If the
Commission denies the Conditional Use Permit, the applicant will withdraw the request for
Resolution of Convenience and Necessity.
pr
DOU�EVANS
Director of Planning and Zoning
DAVID H. READY
City Manager 4,%X
ATTACHMENTS: 1. Vicinity Map
2. Applicant's Request Letter
3. Resolution
4. Conditions of Approval
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CITY OF PALM SPRINGS
CASE NO 5.0949 CUP DESCRIPTION
A Conditional Use
APPLICANTScott Cullens for Permit application for approval of
retail sales of alcoholic beverages
Jacques-Wrigley Mgmt, in an industrial zone,
• January 11RIJCAN 1161
6 2O03 2003
PLANNING DIVISION
Ms. Kathy Marx
CITY OF PALM SPRINGS
Municipal Code and Zoning Ordinance (PLANNING)
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Public Convenience and Necessity
41 Dear Kathy:
The attached letter outlines the Public Convenience and Necessity letter required for
the Department of Alcoholic Beverage Control from your department. This is the final
document required to begin operations. We have obtained every license, permit and
approval required from federal, state, county and municipal agencies except for this
last item. I have attached all of our current licenses and approvals to refresh your
memory regarding Room Services.
If you have any other questions or feel that you have more information necessary and
important to our operations and success in Palm Springs, please feel free to contact
me at the numbers noted below.
Sincerely,
.r
Y ROOM SERVICES
Scott A. Cullens
Jacques-Wrigley Mgmt Group, UC
Office: (760) 323-4855
Fax: (877) 496-5518
Mobile: (213) 926-9343
Website: www.4roomservice.com
E-mail: scullens(aldc,rr.com
Encl.
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AFFIDAVIT OF MAILING
a�
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
I,the undersigned,say: I am and was at all times herein mentioned,a citizen of the United States and
employed in the County of Riverside, over the age of eighteen years, and not a party to the within
action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs,
California; that on the 26h day of March, 2003, 1 served the within (NOTICE OF PUBLIC HEARING)
on PLANNING COMMISSION CASE NO. 5.0949 to consider an for the approval of the use of
retail sales of alcoholic beverages(beer and wine)in conjunction with a wholesale/distribution
center in a multi-tenant industrial building located at 820 Research Drive, Units #11 and #12,
Zone M-1-P, Section 13, on persons contained in Exhibit "A" attached hereto in said action or
proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon
fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly
maintained by the Government of the United States in the City of Palm Springs, California, addressed
to the list of persons or firms indicated on the report received on March 20, 2003 and certified by the
City's Planning Technician, and attached hereto as Exhibit"A".
I hereby declare under penalty of perjury that the foregoing is true and correct.
Loretta D. Moffett G�
Dated at Palm Springs, California, this 26th Day of March, 2003.
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
Case No. 5.0949-CUP, a Conditional Use Permit application, for
approval of retail sales of alcoholic beverages in an industrial zone, by
Scott Cullens for Jacques-Wrigley Management, located at 820 Research
Drive, Units #11 and #12, Zone M-1-P, Section 13.
NOTICE IS HEREBY GIVEN that the Planning Commission of the Cityof Palm Springs, California,
will hold a public hearing at its meeting of April 9, 2003. The Planning Commission meeting begins
at 1:30 p.m., (public hearings begin at 2:00 p.m.), in the City Council Chamber at City Hall, 3200
E. Tahquitz Canyon Way, Palm Springs, California.
The purpose of the hearing is to consider an application for the approval of the use of retail sales
of alcoholic beverages(beer and wine)in conjunction with a wholesale/distribution center in a multi-
tenant industrial building located on Research Drive.
Pursuant to Section 15301 (Existing Facilities) of the Public Resource Code, the California
Environmental Quality Act(CEQA),this project is categorically exempt from further environmental
review.
The proposed application, site plan, and related documents are available for public review daily,
between 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department,
located at 3200 Tahquitz Canyon Way.
If any individual or group challenges the action in court, issues raised may be limited to only those
issues raised at the public hearings described in this notice or in written correspondence at or prior
to the Commission meeting.
Notice of Public Hearing is being sent to all property owners within four hundred (400)feet of the
subject property.An opportunitywill be given at said hearings for all interested persons to be heard.
Questions regarding this case may be directed to Kathy Marx, Associate Planner, Department of
Planning &Zoning, (760) 323-8245.
Douglas . Evans
Director of Planning and Zoning
VICINITY MAP
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CITY OF PALM SPRINGS
CASE NO. 5.0949 CUP DESCRIPTION A conditional use
APPLICANTScott Cullens for Permit application for approval of
retail sales of alcoholic beverages
Jacques-Wrigley Mgmt', in an industrial zone.
Public Hearing Notices Notification Information
Case No. 5.0949
Applicant Name: Scott Cullens for Jacques-Wrigley Management
820 Research Drive, Units 11 & 12
Palm Springs, CA 92262
Project Location & 820 Research Drive #11 & 12
Description: Conditional Use Permit for use of retail sales of alcoholic
beverages (beer and wine) in conjunction with a
wholesale/distribution center in a multi-tenant industrial
building at above address. Zone M-1-P, Section 13.
Assigned Planner: Kathy Mrx, Associate Planner
Labels Prepared by: First American Title & Yoav Shernock,Planning Technician
Certification to
City Clerk Date: March 31, 2003
Property Owners/Groups/ Date Notices Number of Notices
Organizations Mailed Mailed
Applicant/Sponsors March 26, 2003 2
Property Owners
Land Owner (master lessor) March 26, 2003 14
Master Lessor (sub-lessor)
Sub-lessee (unit owner)
Indian Land Owners -0-
Neighborhood Coalition March 26, 2003 9
Homeowners Association
ONIPP
Agua Caliente TribalCouncil March 26, 2003 1
TOTAL NUMBER MAILED: 26
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
Case No. 5.0949-CUP, a Conditional Use Permit application, for
approval of retail sales of alcoholic beverages in an industrial zone, by
Scott Cullens for Jacques-Wrigley Management, located at 820 Research
Drive, Units #11 and #12, Zone M-1-P, Section 13.
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California,
will hold a public hearing at its meeting of April 9, 2003. The Planning Commission meeting begins
at 1:30 p.m., (public hearings begin at 2:00 p.m.), in the City Council Chamber at City Hall, 3200
E. Tahquitz Canyon Way, Palm Springs, California.
The purpose of the hearing is to consider an application for the approval of the use of retail sales
of alcoholic beverages(beerand wine)in conjunction with awholesale/distribution centerin a multi-
tenant industrial building located on Research Drive.
Pursuant to Section 15301 (Existing Facilities) of the Public Resource Code, the California
Environmental Quality Act(CEQA),this project is categorically exempt from further environmental
review.
The proposed application, site plan, and related documents are available for public review daily,
between 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department,
located at 3200 Tahquitz Canyon Way.
If any individual or group challenges the action in court, issues raised may be limited to only those
issues raised at the public hearings described in this notice or in written correspondence at or prior
to the Commission meeting.
Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the
subject property.An opportunitywill be given at said hearings for all interested persons to be heard.
Questions regarding this case may be directed to Kathy Marx, Associate Planner, Department of
Planning & Zoning, (760) 323-8245.
Douglas . Evans
Director of Planning and Zoning
VICINITY MAP
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CITY OF PALM ,SPRINGS
CASE NO. 5.0949 CUP DESCRIPTION
A Conditional Use
APPLICANT Permit Cullens for Permit application for approval of
retail sales of alcoholic beverages
Jacques-Wrigley Mgmtl in an industrial zone.
04 vuM S'a
City of Palm Springs
�'`° •••••`', Department of Planning & Zoning
�[IFOF�
MEMORANDUM
Date: March 26, 2003
From: Yoav Shernock
Planning Technician
Subject: Mailing Labels for Notice of Public Hearing
Planning Commission Case No. 5.0949 CUP
Scott Cullens for Jacques-Wrigley Management
This is to certify that the attached labels were created on March 6, 2003 using the most current information
available. To the best of my knowledge, the labels are complete and accurate.
Yoh Shernock, Planning Technician
March 26, 2003
:Idm
PROPERTY OWNERS CERTIFICATION
certify that on 3 1� 20a the
attached property owners list was prepared by First American Title Co.
pursuant to application requirements fiirnished by the Riverside Cotuity
Planning Deparrtment. Said list is a complete and true compilation of the
owners of the subject property and all other property owners within 400 feet
of the property involved, based upon the latest equalized assessment rolls. It
the project is a subdivision with identified off-site access; imprm emems,
said list includes a complete and tote compilation of the names and mailing
addresses of the owners of all the property that is adjacent to the proposed
offsite improvement/ alignment.
I further certify that the information filed is true and correct to the best of my
knowledge. I understand that incorrect or incomplete information may be
grounds for rejection or denial of the application.
6
First American Title Co. Customer Service
3625 Fourteenth Street.
Riverside, CA 92502
Tel. (909) 787-1700
MAR 1 3 2003
goo 4f
dun°
507 350 008 507 350 011 507 350 012
Jacqueline Suitt Jr. &Thomas Trus No Robert&Ann Currie III Robert Brinkham&Robert Tr Brinkma
38315 Maracaibo Cir W 1509 Monterey Blvd 1333 N Hollywood Way
Palm Springs, CA 92264 Hermosa Beach, CA 90254 Burbank, CA 91505
507 350 014 507350917 507 350 025
At&T Corp City Of P Springs Henry&Judith Levin
PO Box 1329 PO Box 27 1608 Tower Grove Dr
Morristown,NJ 07962 Palm Spri gs, A 92263 Beverly Hills, CA 90210
507 350 026 507 350 037 507 350 038
City Of P Springs Henry&Judith Levin First City Prop Inc
PO Box 27 1608 Tower Grove Or 800 3rd Ave 424
Palm Spi gs, A 92263 Beverly Hills,CA 90210 New York,NY 10022
507 371 001 507 371 002 507 371 023
John Bernal III Kyriakos Seraphim Douglas Mark Gilbert
97 Duboce Ave 72888 Sierra Vista Rd 684 N Farrell Dr
San Francisco, CA 94103 Palm Desert,CA 92260 Palm Springs, CA 92262
507 371 024 507 380 008 507 380 016
Morris Debra A Susa Partnership City Of Palm Springs
PO Box 3952 10440 Little Patuxent Pkwy V00 PO Box 2743
Crestline, CA 92325 Columbia,MD 21044 Palm Springs, CA 92263
507 380 024
Valacal Co
PO Box 28606
Atlanta, GA 30358
�-
MAR 1 3 2003 i1�'J �. Qdj& R
00 /�V�ftY® Address Labels Laser 5160M
Neighborhood Coalition List MR BILL DAVIS AND
as of March 28, 2003 MR PETER DIXON MS TRISHA DAVIS
Case No. 5.0949 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA
Jacques Wrigley Management
PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
P.C. Hearing 4-9-03
MR FRANK TYSEN MR JOHN HURTER MR BOB WEITHORN
C/O CASA CODY COUNTRY INN PO BOX 2824 261 SOUTH BELARDO ROAD
175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92263-2824 PALM SPRINGS CA 92262
PALM SPRINGS CA 92264
MR TIM HOHMEIER MR BOB SEALE MR PHIL TEDESCO
1387 CALLE DE MARIA 280 CAMINO SUR 1303 WEST PRIMAVERA DRIVE
PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264
MR MARSHALL ROATH
MS SHERYL HAMLIN
565 WEST SANTA ROSA DRIVE
PALM SPRINGS CA 92262
MS MARGARET PARK
AGUA CALIENTE TRIBAL COUNCIL
AT REQUEST OF TRIBAL COUNCIL 650 EAST TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
MR SCOTT CULLENS MR SCOTT CULLENS
SPONSORS: JACQUES-WRIGLEY MANAGEMENT JACQUES WRIGLEY MANAGEMENT
2089 JACQUES DRIVE ROOM SERVICES
P 820 RESEARCH DRIVE#11
PALM SPRINGS CA 92262
PALM SPRINGS CA 92262
PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
No.4095
CITY OF PALM SPRINGS
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
Case No. 5.0949-CUP, a Conditional Use
Permit application,for approval of
retail sales of alcoholic beverages
I am acitizen of the United States and a resident of in an industrial zone, by Scott Cutlass
for Jac ues-Wrigley Mana ement, located
the County aforesaid;I am over the age of eighteen at 82 8 Research one M-1-P Drive, nits
13 and
years,and not a party to or interested in the NOTICE IS HEREBY GIVEN that the Planning
above-entitled matter.I am the clerk of a Commission of the City of Palm Springs, Califor-
nia,principal will hold a public hearing at its meeting of
printer of the,DESERT SUN PUBLISHING April 9, [0,3. The Planning Commission meeting
be ins at 1:30 p.m., (public hearings begin at
COMPANY a newspaper of general circulation, 2:Oo p.m.l, in the City Council Chamber at City
Hall, 32 0 E. Tahquitz Canyon Way, Palm
printed and published in the city of Palm Springs, Springs, California.
County of Riverside,and which newspaper has been The ppurpose of the hearingg is to consider an ap-
adjudged a newspaper of general circulation by the plicat!on for the approval of the use of retail sales
Superior Court of the County of Riverside,State of of alcoholic beverages (beer and wine) in con-
unction with a who center in a
multi-tenant industrial building located on Re-
California under the date of March 24,1988.Case search Drive.
Number 191236;that the notice,of which the VICINITY MAP 0
annexed is a printed copy(set in type not smaller illr_la......
than non pariel,has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit I '
a
March 29m —
r._._
6
All in the year 2003 � �- , i 6" ----"
I certify(or declare)under penalty of perjury that the cnv orvn,m saeuics
foregoing is true and correct.
is( eeeareuc�o, -
A rll mental Public
R Act CCod ,this Cal
Dated at Palm Springs,California this--------------dayPursuant to Section 15301 (Existin?I Facilities) of
the Public Resource Code the California cate on-
p � y { ) protect is categor-
0F--------------------------------------2003 ically exempt from further environmental review.
The proposed application, site Elan, and related
documents are available for public review daily,
between 9 am and 5 pm at the City of Palm
Springs in the Planning and Zoning Department,
------------------------ ------- __ located at 3200 Tahquitz Canyon Way.
g If an individual or group challenges the action in
Signature y
court, issues raised may be limited to only those
issues raised at the public hearings described in
this notice or in written correspondence at or pri-
or to the Commission meeting.
Notice of Public Hearing is being sent to all grop-
erty owners within 'our
hundretl (400) Feet of the
sub1'ect property. An opportunity will be given at
said hearings for all imerestetl persons to be
heard. Questions regarding this case may be di-
rected to Kathy Marx, Associate Planner, Depart-
ment of Planning 8 Zoning, (760)323-a245.
/a/Douglas R.Evans
Director of Planning and Zoning
• RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA,ADOPTING A RESOLUTION OF CONVENIENCE
AND NECESSITY FORATYPE21 -OFF-SALE BEERAND WINE
LICENSE FOR A RETAIL SALES USE IN CONJUNCTION WITH
A WAREHOUSE/DISTRIBUTION CENTER IN A MULTI-TENANT
INDUSTRIAL BUILDING LOCATED AT 820 RESEARCH DRIVE,
UNITS#11 AND #12, ZONE M-1-P, SECTION 13.
WHEREAS,Jacques-Wrigley Management Group LLC, (the"Applicant")is requesting the adoption
of a Resolution of Convenience and Necessity for a retail sales use in conjunction with a
' warehouse/distribution center in a multi-tenant industrial building located at 820 Research Drive,
Units #11 and #12, Zone M-1-P, Section 13; 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 Councilhas carefully reviewed and considered all of the evidence presented
in connection with the project, including but not limited to the staff report, and the recommendation
of the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Counci Ihereby
adopts a Resolution of Convenience and Necessity subject to those conditions set forth in the
attached Exhibit A, which are on file in the Office of the City Clerk.
ADOPTED this _ day of , 2003.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
Reviewed and Approved: "o
i
EXHIBIT A
Jacques-Wrigley Management Group LLC
CONDITIONS OF APPROVAL
APRIL 16, 2003
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.
2. 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 5.0949-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.
3. 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.
4. The time limit for commencement of use of the Conditional Use Permit approval
shall be valid for a period of two (2) years. Extensions of time may be granted by
the Planning Commission upon demonstration of good cause.
' 5. Separate architectural approval and permits shall be required for all signs. All
signs shall comply with the approved sign program for the industrial center.
6. The applicant shall be required to maintain the operating hours as stated on the
Conditional Use Permit application. Any future modifications to the hours of
operation shall require prior approval by the Planning Commission.
7. 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 transference
of this Conditional Use Permit upon change of ownership is subject to review by
the City.
8. Any violation of this Conditional Use Permit or any City codes or ordinance may
result in revocation of this Conditional Use Permit pursuant to Section 94.02.00
of the Palm Springs Zoning Ordinance.
BUILDING DEPARTMENT:
9. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT:
10. Automatic fire sprinkler coverage will need to be extended below the dropped
ceiling grid.
11. If any walls or separations are added additional modifications to the sprinkler
system may be required.
� � 3