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Conditional Use Permit No. 2013-04 March 27, 2013 Page 2 The project seeks to store and display alcohol inside acold-case display in accordance with Police Department regulations. The store shelf and cold-case displays containing the alcohol will be towards the rear of the store. The storage and display area will be 11-feet, 3-inches by 7-feet, fl- inches in size, for a total of 81 square feet, representing 4.9 percent of the store's gross floor area. The store's proposed hours of operation are 7:00 a.m. to 10:00 p.m. Sunday to Thursday and 7:00 a.m. to 12:00 midnight Friday and Saturday (Exhibits 3 and 4). Proiect Background The structure on the subject site was originally constructed in 1983 as an auto service building, housing a variety of automotive-related uses. These uses have continued at the site, except in Unit D, where a Women, Infants, and Children (WIC)-only grocery store opened in 2010. The retail market that is subject of this application seeks to occupy units A and B. In December 2012, permits were issued for new roof-mounted air conditioning units above the tenant suites. Following this permit, work was done without permits on the exterior and interior of these units in conjunction with the new use. This work includes exterior windows, glazing, entrances, and interior electrical upgrades and materials. As a result, the Community Preservation Division is pursuing code enforcement action against the property owner to ensure that all site and building improvements are permitted and meet the provisions of the State's and City's codes. Mercados Comercial Mexicana is a local market that proposes to sell a variety of items commonly found at other convenience stares, including produce, meats and dairy. The Type 20 ABC license would permit the sale of beer and wine at the store far off-site consumption. The owners of the market currently own and operate SA Mommy & Kids, found in Unit D on the same site, which is a WIC-only grocery store. The owners of Mercado Comercial Mexicana propose to close SA Mommy & Kids when the new establishment opens. The proposed store would be this operator's first location in Santa Ana. General Plan and Zonin Consistent The parcel is located within the South Main Street Commercial (CSM) zoning district. CSM zones allow for retail and service uses such as the Mercados Comercial Mexicana store, making the proposed use consistent with the zoning code. The General Plan land use designation for the site is General Commercial (GC). Such land use designations are designed to provide retail-oriented uses along the City's commercial corridors, and to accommodate major development activity. The project site is consistent with this General Plan land use designation. However, the resulting over-concentration from the proposed alcohol license is inconsistent with multiple policies of the Land Use and Economic Development element of the General Plan. These include: Land Use Element Policy 2.9, which supports developments