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ITEM NO. 1
DEVELOPMENT APPLICATION NO. 2023-00011
Location: 2125 – 2129 South Harbor Boulevard
Request: The applicant requests a determination of
Public Convenience or Necessity to permit off-site sales of alcoholic beverages in an existing retail sales-general use that is incidental to and integrated with The Carriage Inn motel; modification to Conditional Use Permit No.
2725 to remove a condition of approval requiring a
restrictive covenant on the property; and approval of an administrative adjustment to permit fewer parking spaces than required by Code (5% reduction proposed).
Environmental Determination: The Planning
Commission will consider whether to find the project
Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State
CEQA Guidelines Section 15301, Class 1 (Existing
Facilities).
Approved Resolution
No. PC2024-002.
MOTION:
(Lieberman/Castro)
VOTE: 7-0
Chairperson Kring, Vice
Chairperson Henninger,
and Commissioners
Castro, Lieberman, Perez,
Tran-Martin and Walker
voted yes.
Project Planner:
Amanda Lauffer
[email protected]
Amanda Lauffer, Associate Planner, provided a summary of the staff report dated January 17, 2024. This item is a request to make a determination of Public Convenience or Necessity to permit the off-site sales of alcoholic beverages in an existing retail sales-general use that is incidental to and integrated with The Carriage Inn motel. The applicant also requests to modify a conditional use permit to remove a condition of approval requiring a restrictive covenant on the property, as well as approval of an administrative adjustment to permit a 5% reduction in the number of Code- required parking stalls.
The project site is located at 2129 South Harbor Boulevard, about 300 feet south of the intersection of Harbor Boulevard and Orangewood Avenue. The project site is in the Commercial Recreation District of the Anaheim Resort Specific Plan and is designated for Commercial Recreation land uses in the General Plan. The property is surrounded by commercial uses to the north, south, and to the east across Harbor Boulevard, with multiple-family residential uses to the west.
Adventure Land is an existing small retail sales-general use that occupies a 2,667 square foot freestanding building within the parking lot of the Carriage Inn motel. This use is incidental to and part of the surrounding motel, and primarily serves motel patrons and non-motel patrons in The Anaheim Resort area. Adventure Land currently sells souvenirs, clothing, convenience food items, travel size toiletries, and other travel size convenience items.
The applicant requests a Determination of Public Convenience or Necessity for the sale of alcoholic beverages, including beer, wine, and distilled spirits, for off-premises consumption in
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conjunction with the existing retail sales-general establishment. As shown in the floor plan, the applicant proposes to display beer and wine in the refrigerated section along the north side wall and the distilled spirit display will be located behind the cashier. Both display areas would occupy less than 10% of the total floor area. The hours of operation are 7am to 11pm Monday to Thursday and 7am to midnight Friday through Sunday.
The State of California Department of Alcohol Beverage Control requires a Type 21 Off-Sale General license for this type of sale. A finding of Public Convenience or Necessity is required because the establishment is located within a census tract that allows 2 off-sale licenses based on population size, and there are currently 3 off-sale licenses in the tract. It should be noted that this census tract includes both the City of Anaheim and the City of Garden Grove; 2 of the existing licenses are within the city limits of Garden Grove and are not included on this map.
Staff reviewed this application with the Anaheim Police Department. The draft resolution includes conditions of approval from the Police Department, including the installation of CCTV, proper lighting, and policing of loitering around the retail store by the business operator, to ensure that the business would not negatively affect the neighborhood and would operate in a responsible manner.
In 1985, Conditional Use Permit No. 2725 was approved by the Planning Commission and allowed for the construction of a 51-room motel on the subject parcel where an existing commercial building was located, along with a variance from parking requirements for site. The CUP included a condition of approval requiring a restrictive covenant on the property to note that the parking variance shall terminate upon a change of use from the existing commercial use at the time, which was a retail wig shop.
As part of this application, the applicant is requesting to remove the condition of approval requiring the restrictive covenant. Attachment No. 7 of this item includes a Draft Memorandum of Termination of Restrictive Covenant drafted by the City Attorney’s Office, which would be recorded if the application is approved. The draft resolution for this item would amend, and hereby replace in their entirety, the previous conditions of approval that were adopted for CUP No. 2725.
Lastly, the Code requires 46 parking spaces for the motel and retail sales- general uses, and 44 spaces are provided on site. The applicant is requesting an administrative adjustment for a 5% reduction in the Code required parking spaces, or a total of 2 spaces. A parking demand analysis was conducted on the project site which observed parking on several days between the hours of 8am and 10pm. The parking demand analysis was conducted when both the motel and retail sales-general use were operating under normal conditions. The maximum number of spaces used at any one time was 38 spaces, which occurred between 8am and 9am on a Saturday, and is less than the 44 parking spaces provided.
Subject to the recommended conditions of approval, staff believes that the proposed sale of alcoholic beverages for off-premises consumption in conjunction with the retail sales-general use would be compatible with the surrounding uses and would provide a general public convenience or necessity. Adequate parking will be provided for both uses and all business activities would continue to occur within the existing buildings.
Based on the analysis included in the staff report and the findings contained in the draft resolution, staff supports the request and recommends approval of the application.
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Attached to your staff report are 5 letters of opposition to the project. Before an application was formally submitted to the City for this request, Staff received 4 letters in opposition to the determination of public convenience or necessity at this location. An additional letter in opposition was received after the public notices were mailed out. Staff received a total of 8 letters in opposition after the staff report was published, which were provided to you before the meeting and are also printed out for you on the dais.
Vice Chair Henninger asked if the conditions of approval would replace the previous conditions of approval; Associate Planner Lauffer provided clarification that some conditions would carry over with the new CUP and others were obsolete and no longer applicable. Vice Chair Henninger requested in the future that previous conditions of approval were included in a redline version to see what changes are being proposed.
Commissioner Perez asked questions about the police-reporting district and census tract that were answered by Veronica Emami, Civilian Investigator.
Chairperson Kring asked questions regarding the sale of individual beers and wine coolers that were answered by Veronica Emami Civilian Investigator.
Michael Ayaz, Applicant, spoke about the proposed project. Applicant Ayaz spoke about the perceived issues with the project including homelessness. He explained that the majority of the customers are hotel/motel and resort guests. He also stated all conditions of approval have been reviewed and agreed to follow.
Commissioner Perez asked if Adventure Land had the same owners as the Carriage Inn; Applicant Ayaz stated that the Adventure Land business is owned by another party.
Veronica Emami, Civilian Investigator, clarified there is not a homeless problem specific to the Arco Gas Station located at 2101 South Harbor Boulevard. The homeless situation surrounds the area.
Jaime Arcadia, owner of The Cave Sports Bar, provided public comment including a concern for open containers, and opposed the project.
Michael Ayaz, Applicant, responded to public comment and explained that the conditions of approval which include a camera system and signage about loitering address the concerns expressed by Mr. Arcadia, owner of the Cave Sports Bar.
Dr. Bassam Slibi, Business Owner, spoke about the business operations, connection to the hotel and overall Resort area, and products sold at the store.
Michael Ayaz, Applicant, spoke about the floorplan and space must match what is being presented at Planning Commission.
Chairperson Kring suggested signage for visitors stating drinking and opened containers are not allowed on the premises.
Principal Planner Scott Koehm stated that an additional condition of approval could be added regarding signage about opened containers and loitering.
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Chairperson Kring asked Dr. Slibi, Business Owner, if the additional condition of approval was acceptable and he stated yes. Chairperson Kring stated that would be added to the motion.
Commissioner Lieberman stated she took into consideration the public comments received and stated she did not think it would have the same issues as a 7-Eleven because it is set back and inside the property. She did not believe it would become a community stopping spot and the customer base would not change and supported the project.
Commissioner Lieberman moved to approve the project.
Commissioner Walker seconded Commissioner Lieberman’s comments. Commissioner Walker stated he forgot to disclose that his daughter and son-in-law own property within the buffer zone of the project.
Assistant City Attorney Leoni Mulvihill asked to clarify Commissioner Lieberman’s motion if it included the additional condition of approval regarding signage. Commissioner Lieberman stated it did not include the additional condition of approval. Her motion was as staff recommended.
Commissioner Walker clarified he did not second Commissioner Lieberman’s motion; he seconded her comments only.
Commissioner Castro seconded the motion.
Commissioner Perez asked if there were any additional lodging establishments that had additional uses of the buildings such as stores, restaurants, or bars. Principal Planner Koehm stated that there are additional properties located in the Anaheim Resort Area that have sundries and convenience items inside the hotels. The newer hotels also have a liquor license as well.
Commissioner Perez commented that he did not think that adding alcohol would change the demographical data that was presented.
Commissioner Lieberman, seconded by Commissioner Castro, made a motion to approve; the motion carried by a vote of 7-0.