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Attachment 3 - Applicant PCN JustificationDecember 1, 2023 File No. INV01-1000 Sent Via Email Only City of Anaheim Planning Services Division Attn: Amanda Lauffer 200 S. Anaheim Blvd., Suite 162 Anaheim, CA 92805 ALauffer@anaheim.net Re: INVEST CA, LLC dba ADVENTURE LAND CUP Modification, request for PCN and removal of restrictive covenant for 2129 S. Harbor Blvd., Anaheim, CA 92802 LETTER OF JUSTIFICATION Dear Ms. Lauffer, We write on behalf of Invest CA, LLC doing business as Adventure Land (“Applicant”), in response to the City of Anaheim Planning & Building Department’s comments dated November 16, 2023, regarding Applicant’s request for a finding from the City of Anaheim for: 1)Public Convenience and Necessity for a Type 21 (Off Sale General) Alcoholic Beverage Control ((“ABC”) license; 2)CUP Modification to remove the condition of approval requiring additional parking in order to operate another retail use besides a wig shop at the premise; 3)Remove the covenant restricting the retail use of the premise from running with the real property; 4)Administrative Adjustment to permit fewer parking spaces than required by Code (5% reduction). for the premise located at 2129 S. Harbor Boulevard, Anaheim, CA 92802. ATTACHMENT NO. 3 Invest CA, LLC City of Anaheim Planning Services Division December 1, 2023 Page | 2 Request for Public Convenience and Necessity for a Type 21 (Off Sale General) ABC License The primary purpose of the business is a small retail sales establishment that is incidental to and part of the surrounding motel which primarily serves motel patrons and non-motel patrons. The premise allows the purchase of souvenirs, clothing, convenience food items, over the counter medicine and first aid items, travel size toiletries and electronics, as well as other travel and convenience necessities. The sale of alcohol shall be an ancillary use that Applicant believes would provide a necessary service and convenience to patrons, as the only retail location options to purchase similar types of merchandise and alcohol products in one location are over a half mile away from the premises’ current location. Approximately 36-40% of business will be from alcohol sales. This type of Retail Sales – General use is permitted under as set forth in Table 11-E of Anaheim Municipal Code Section 18.116.070. A Type 21 Off Sale General was purchased from Thrifty Payless, Inc., where it was previously operated at Rite Aid Store #5750, located at premises 31890 Plaza Drive, San Juan Capistrano, CA 92675. There are only three (3) other locations with an Off-Sale ABC license within census tract 0884.02 as follows: License Number License Type Premises Address Business Name Distance from Premise 396199 20-Off Sale Beer and Wine 2101 S HARBOR BLVD, ANAHEIM, CA 92802Census Tract: 0884.02 ARCO AM PM MINI MARKET .1 Miles 595875 21-Off Sale General 12062 WEST ST, GARDEN GROVE, CA 92840-3702 Census Tract: 0884.02 HIGHLAND LIQUOR 2 1.1 Miles 600495 21-Off Sale General 12055 CHAPMAN AVE, GARDEN GROVE, CA 92840 Census Tract: 0884.02 HI CREST LIQUOR 1.1 Miles AM PM Mini Market only sells wine and beer for off sale consumption and therefore does not provide comparable services or products to patrons. Both Hi Crest Liquor and Highland Liquor 2 are typical liquor stores with other grocery and household items. Neither sell souvenirs or travel items and both are over a mile away from Applicant’s premise which specifically serves visitors and tourists staying at local motels and hotels along Harbor Boulevard as well as the general neighborhood near the California Disney Resort area. Although similar in their ancillary use Invest CA, LLC City of Anaheim Planning Services Division December 1, 2023 Page | 3 of selling alcohol, none of the above businesses are oriented to tourist retail sales, providing convenience for motel patrons and visitors to the various attractions and entertainment nearby. Kings Liquor, which is also in close proximity but in a different census tract, sells wine, beer, and distilled spirits as well as grocery items, but does not sell souvenirs or items for travel. Parkview Elementary School is a half mile away from the premise, and the premise is adjacent to a residential neighborhood. However, the type of license being requested should not impact a residential area or school as the license is for off sale, where patrons will consume products off site from the premises, thus no increase in noise or potential nuisance will be at issue any more than what currently exists under the store’s present operations. The business provides motel patrons and non-motel patrons with convenient necessities such as travel items, snacks and beverages, souvenirs, clothing, sundry goods, limited hygiene products, and over the counter medications. Tourists and travelers of the area, including guests of the numerous surrounding adjacent motels, hotels, and theme parks in the immediate area, are served by the store’s convenience as other similar locations within a one-mile radius do not provide the same retail items. No loitering signs will be posted, and surveillance camera systems will ensure that both the premises location and adjacent motel prevent security and safety hazards to patrons and nearby residents. The site, to include the premises establishment and the motel in general, is equipped with security cameras as depicted on the plans. The plans submitted with the application provide square footage calculations for each storage and/or display area proposed for the beer, wine, and distilled spirits, and clearly label each of these storage and display areas on the floor plan. The distilled spirits will be displayed behind the cash register and only accessible by the on-duty employees. No distilled spirits will be located on the sales floor for direct access to patrons. Beer and wine will be located in coolers and directly accessible to patrons for purchase. There will be no barrels or temporary locations. For the location of the products see plans submitted concurrently herewith. The hours of operation for the business will be Monday through Thursday from 7 a.m. to 11 p.m. and Friday to Sunday from 7 a.m. to 12 a.m. The business will be offering for sale and selling the types of alcoholic beverages permitted under a Type 21 License, i.e., beer, wine, and distilled spirits. Distilled spirits of a normal array and variety will be offered, which will be located behind the register, non-refrigerated, and only accessible by the on-duty employees. Beer will be displayed for sale within coolers on the sales floor. There may be unrefrigerated beer on the premises but such unrefrigerated beer will not be available for sale, rather, they will be stored on the premises for future placement in coolers for sale. Applicant has reviewed the comments from the Anaheim Police Department dated March 14, 2023, and agrees and will comply with the Police Department’s instructions to implement crime prevention precautions and adhere to the recommended conditions that are to be placed on the CUP. The Proposed use will support the existence of Public Convenience and Necessity for this location. As required by California Business and Professions Code §23958 and 23958.4 Applicant requests Invest CA, LLC City of Anaheim Planning Services Division December 1, 2023 Page | 4 that the local governing body find that public convenience and necessity will be served as Applicant’s primary use as a retailer will offer customary grocery, travel, and souvenir products needed by patrons in the community in addition to the ancillary sales of alcoholic beverages. Request for CUP Modification to remove the condition of approval requiring the covenant restricting the use of the building and removal of the covenant restricting the use of the building from the property. In 1986 former owners recorded a restrictive covenant on the property for the sole purpose of obtaining a conditional use permit to construct and operate their proposed motel. The parking requirements for the existing retailer (a wholesale wig shop) were in excess of what the retailer’s needs were, thus the parking variance was requested for the requisite needs of the proposed motel. The restrictive covenant was recorded to ensure that the existing retailer had enough parking to serve the business needs and would not be impacted by the addition of a 51 unit, 3 story motel. The wig shop would not require any additional parking stalls outside those needed for employees and wholesale buyers of the wig shop. The covenant was written to support commercial use and ensure that traffic and parking would not interfere with other businesses and to serve the benefit of the public. However, although this restricted use was well intentioned, a perpetual restriction of the premise was short sighted. This was evident in the application where the lease for the wig shop retailer was only for a term of 10 years. The parking variance was stated to become null and void upon any change of use from the existing retail use as a wholesale wig shop. The existing retail use has varied over the last 37 years from that of a wig shop, and the restrictive covenant was not enforced despite changes in ownership for the retail and motel businesses. The Applicant believes that the course of business over the last almost 4 decades establishes that additional parking is not needed. The premise primarily serves the local motel patrons who have parking per the motel requirements for parking, and parking stalls used by non-motel patrons is on average for no longer than a course of 15 minutes. Parking and traffic have not been greatly impacted by the continued variance in retail use (from that of a wig shop), and if it had, Applicant believes the City would have sought to enforce restricted use within the last 30 or so years, which to the Applicant’s knowledge they have not. The restrictive covenant is an impotent device that no longer serves the benefit of the businesses, their patrons, nor the City of Anaheim. *** Invest CA, LLC City of Anaheim Planning Services Division December 1, 2023 Page | 5 Parking Justification1 Counts of occupied parking stalls at the site were taken on Tuesday, November 21, 2023, between 8 a.m. and 10 p.m. and Friday, November 24, 2023, between 8 a.m. and 10 p.m. and Saturday, November 25, 2023, to between 8 a.m. and 10 p.m. to determine the number of parking stalls actually being utilized at the project site during anticipated peak hours of operation. The existing parking lot for this building contains a total of 44 spaces. Based upon the counts taken on the above-referenced days, the maximum number of occupied parking spaces for: •Tuesday, November 21, 2023, with 21 stalls used on the hotel side between 9 a.m. and 10 a.m., and 3 stalls in front of Adventure Land between 11 a.m. and 12 p.m.; •Friday, November 24, 2023, with 30 stalls used on the hotel side at 10 p.m. and 4 stalls used in front of Adventure Land between 8 a.m. and 9 a.m.; •Saturday, November 25, 2023, with 34 stalls used on the hotel side between 8 a.m. and 9 a.m. and 4 stalls being used in front of Adventure Land between 8 a.m. and 10 a.m. The maximum number of stalls used at any one time was 38 stalls, which falls below the total number of 44 stalls allocated to the project site. In conclusion, the Applicant respectfully requests that the City finds Public Convenience and Necessity for a Type 21 (Off Sale General) Alcoholic Beverage Control (“ABC”) license; modifies the CUP to remove the condition of approval requiring additional parking in order to operate another retail use besides a wig shop at the premise; removes the covenant restricting the retail use of the premise from running with the real property; and allows a reduction of 5% in the required parking. The Applicant looks forward to a great working relationship with the City of Anaheim, the surrounding businesses, and the community at large. BLAKE & AYAZ F.Michael Ayaz FMA: kah Encls. 1 Applicant has attached the original parking study from August 13, 1985 which also found that the amount of parking spaces provided would be adequate to allow for a parking variance.