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REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: MARCH 21, 2012 TITLE: PUBLIC HEARING -FILED BY BRENT MCMANIGAL FOR CONDITIONAL USE PERMIT NO. 2012-05 TO ALLOW A TYPE 21 ALCOHOL BEVERAGE CONTROL LICENSE AT WAL-MART LOCATED AT 3600 WEST MCFADDEN AVENUE Prepared by Lucy Linnaus PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Plannin Manager RECOMMENDED ACTION 1. Adopt a resolution voiding Conditional Use Permit No. 2009-06. 2. Adopt a resolution approving Conditional Use Permit No. 2012-05 as conditioned. Request of Applicant Brent McManigal, on behalf of Wal-Mart, is requesting approval of a conditional use permit to allow a Type 21 Alcoholic Beverage Control (ABC) license for the off-premise sale of beer, wine and distilled spirits at an existing Wal-Mart at 3600 West McFadden Avenue. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code {SAMC}. Project Location and Site Descri tion Wal-Mart is located within the Riverview West Marketplace shopping center at the southeast corner of McFadden Avenue and Harbor Boulevard. Specifically, Wal-Mart occupies a freestanding, 134,935 square foot building developed on its own parcel, which is approximately 11 acres in size. The store shares 1,324 on-site parking spaces with the shopping center. The site is surrounded by industrial, an elementary school and residential uses to the north, residential uses to the east and south, and commercial uses to the west. Please refer to Exhibits 1 and 2 -Vicinity Map and Location Map. Project Description Wal-Mart is an existing full-service retail store that is proposing to upgrade its current Type 20 ABC license that allows for the sales of beer and wine only to a Type 21 off-sale general license to allow the sale of beer, wine and distilled spirits to the public. The project proposes to display and store alcohol on a store shelf and in a cold-case display in accordance with Police Department regulations.