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HomeMy WebLinkAboutZA FULL PACKET 2012-04-10 10 a.m.April 10, 2012 City Hall Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:00 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 2012-05 (Lucy Linnaus) (Continued by the Zoning Administrator: March 21, 2012 to March 28, 2012; March 28, 2012 to April 10, 2012) Filed by Brent McManigal representing Wal-Mart Store, to allow a Type 21 Alcohol Beverage Control (ABC) license for off- premise sale of beer, wine and distilled spirits at 3600 West McFadden Avenue located in the North Harbor Specific Plan (SP2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: March 9, 2012 PUBLICLY NOTICED: March 8, 2012 RECOMMENDATION: Adopt a resolution denying Conditional Use Permit No. 2012-05. 2. Public Comments Adjournment If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: APRIL 1©, 2012 TITLE: PUBLIC HEARING -FILED BY BRENT MCMANIGAL FOR CONDITIONAL USE PERMIT N0.2012-05 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 Reques# ^ Skaff Recommendation CONTINUED TO Planning Man er RECOMMENDED ACTION Adopt a resolution denying Conditional Use Permit No. 2012-05. 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 awn 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 Land Use 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. The store will display the alcohol towards the center of the store to discourage theft by individuals who grab merchandise and run out to the nearest door. Conditional Use Permit No. 2012-05 April 10, 2D12 Page 2 Wal-Mart proposes to increase the total display and storage area of alcohol from approximately 319 square feet to approximately 600 square feet, which is 0.45 percent of the store's gross floor area and is less than five percent of the gross floor area of the building. As a result, the amount of storage and display complies with the standards required by the Planning Division for establishments selling alcoholic beverages. The current Fours of operation for the store are 24-hours, seven days a week. The sale of alcohol during the 24-hour operation will continue to comply with all State regulations that prohibit the sale of alcohol between the hours of 2:DD a.m. and 6.00 a.m. (Exhibits 3 and 4}. Proiect Background Wal-Mart is the anchor tenant for the Riverview West Marketplace shopping center and was constructed in 1994. Wal-Mart`s "one-stop shopping" approach is intended to provide convenience to its customers; therefore, its inventory includes a wide variety of products not typically found under one roo#. The store is comprised of general sales floor, a grocery store, an automotive tine center, optometric office and a seasonal garden center. 4n April 13, 2D09, the City granted Conditional Use Permit No. 2009-06, to allow Wal-Mart to obtain a Type 2D ABC license for the off-premise sale of beer and wine. While the project was not subject to the City's overconcentration standards as defined by Section 41-132 of the SAMC due to the size of the tenant space, the State of California's Alcohol Beverage Control (ABC) Agency determined that this location was overconcentrated per State's standards due to the numbers of existing ABC licenses in the Census Tract. The State law provides that the ABC Agency shall deny an application for a license that would add to an undue concentration of licenses unless a determination was made by the City that public convenience would be served by the issuance of the license. On April 14, 2009, the City issued a letter of public convenience and necessity (PCN) to give Wal-Mart the ability to provide patrons with the opportunity to purchase beer and wine in addition to other retail goods and services found in Wal-Mart. The applicant has filed an ABC's License Action Request form with the ABC Agency requesting that their current Type 20 ABC license be cancelled upon the issuance of the Type 21 ABC license. Should the City approve the request for a conditional use permit for the Type 21 ABC license, the City will be voiding CUP 2009-06, which granted the Type 20 ABC license (Exhibit 5}, The purpose of these actions would be to create a zero net gain in number of licenses in an area that already has an overconcentration of licenses based an the State's standards. Since no gain in the number of licenses is proposed, the ABC Agency is not requesting a new PCN letter. General Plan and Zonin Consistent The General Plan land use designation for the site is General Commercial (GC}. General Commercial districts provide highly visible and accessible commercial development along the City`s arterial transportation corridors and provide important neighborhood facilities and services, such as this retail establishment. The project site is consistent with this General Plan land use designation. Conditional Use Permit No. 2012-05 April 10, 2012 Page 3 The zoning for the site is North Harbor Specific Pian (SP2), General Commercial land use category. The General Commercial land use of the SP2 zoning district allows for retail and department stores, making the proposed use consistent with the zoning code. Pro'ect Anal sis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant denial of the conditional use permit. • The proposed Alcoholic Beverage Control (ABC) license will not provide an additional service and convenience to the community. The Police Department has determined that the subject property is located in a district that ranks above average in police related incidents. An ABC license upgrade at this location may aggravate existing crime conditions and negatively impact adjacent community. Therefore, the license upgrade to allow the sale of distilled spirits at the market, under this particular circumstance, would not contribute to the general well being of the surrounding neighborhood or the community. Conditional Use Permit No, 2092-05 April 90, 2012 Page 4 • Wal-Mart is an established department store chain with established policies and procedures, including an employee training program focused on security and alcohol sales responsibility. However, the project site is located in a reporting district that is considered above average in police-related calls. Further, Wal-Mart has had a significant increase in calls for service over the past year. Therefore, under the circumstances of this particular case, the proposed ABC license upgrade may be detrimental to the health, safety or general welfare of persons residing and working in the area and may create any negative or adverse impacts. • Whereas an upgraded ABC license for Wal-Mart could positively influence the present and future economic stability of the property by further diversifying the products and services offered and furthering the value of the store to the community as a destination for one-stop shopping, the potential of additional crime that may be associated with the upgrade from a Type 20 to a Type 21 ABC license has the potential to negatively affect the future economic stability and economic development of properties in the surrounding area. • The proposed alcohol license will be in compliance with all applicable conditions of Chapter ~41 of the Santa Ana Municipal Code regarding off-premise general liquor licenses. However, the project site is located in a reporting district that is considered abave average in police-related calls. • The proposed use could adversely affect the General Plan's Public Safety Element goals of providing a safe and secure environment for the City's residents and workers by approving an ABC license upgrade that could increase crime in an area of the City that the Police Department has already identified as being above average in Police related incidents. Ponce De artmeni` Anal sis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed overconcentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. The Police Department considered three factors when reviewing this application: crime rate, overconcentration, and sensitive land uses. In February 2011, upon receipt of this application, the Police Department determined that the project was located in an area that was average in police- related incidents. This site is located within Reporting District No. 6T, which at the time ranked 50{" out of 102 citywide districts in total number of police-related incidents. Conditional Use Permit No. 2012-05 April 10, 2x12 Page 5 On March 21, 2012, the Zoning Administrator held a public hearing and requested updated crime statistics for the project site. The item was continued to March 28, 2012 to allow staff the opportunity to respond to the request. At the applicant's request, the item was further continued to April 10, 2012. Exhibit fi is the applicant's response to the Zoning Administrator request. The Police Department ran updated crime statistics report for the subject district and found that the district is now considered above average in police-related incidents. Furthermore, the Police Department ran a report on police related calls for service for the subject address. The report shows that the Police Department responded 223 times between March 2009 and March 2010, 278 times between March 2010 and March 2011, and 414 times between March 2011 and March 2012. Based on the same report, a large percentage of the calls for service included petty theft and disturbing the peace. Although there has been a significant increase in calls for service from 2010 to 2011, a review of the crime statistics did not identify a correlation between alcohol sales and crime. In terms of overconcentration, this establishment is over 20,000 square feet; therefore, it is not subject to the City's overconcentration standards defined in SAMC 41-132. A PCN letter would have been required to address overconcentration within the census tract as defined by the State's requirements, if Wal-Mart had chosen not to cancel their existing Type 20 license. Finally, in terms of land uses, Dr. Edward Russell Elementary School is located directly across the street from this location. The cancellation of the existing Type 20 license and the issuance of a Type 21 license will result in a zero net gain. Based on the fact that the project is located on district with an above average crime rate, the Police Department is recommending denial of this application. Public Notification The project site is located within the boundaries of the Riverview West Neighborhood Association and adjacent to the Santa Anita Neighborhood Association. The presidents of these Neighborhood Associations were notified by mail 10 days prior to the March 21, 2012 public hearing. In addition, the District representative from the City's Neighborhood Improvement Division called the presidents to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association presidents, nor was there a request that the applicant present the project to a meeting of their members. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. Conditional Use Permit No. 2012W05 April 10, 2012 Page 6 CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15270. Subsection (a} specifies that CEQA does not apply to projects which a public agency disapproves. Statutory Exemption Environmenta! Review No. 2011-7 will be filed for this project, Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator deny Canditional Use Permit No. 2012-05. Lucy Li Haas, AIA Senior Planner 1 1.J Vincent Fregos , AIC Principal Plan er LL:jm IllreporlslPC and 7AIcup12-a5 Wal-Mart.0410i 2.za Attachments: Exhibit 1 -Vicinity Map Exhibit 2 -Land Use Map Exhibit 3 -Site Plan Exhibit 4 - Fbor Plan Exhibit 5 -State of California License Action Request and Applicant Letter Exhibit 6 -Applicant's response to Zoning Administrator's request IP Al "-`yt tl ~1 II Pz- . I ir' I~ II II I I S jy-~- -,l II I] C= Jl___ 1 1 PPO r !! II II II It I r ~~ L t lr It I $ SP-2 .. `! II II ~' Il It ~1 L ~ 4 rrm C2` It I SP-Z SR2 SP-2 SP-2 P- o z~ -~-- ~-- RRST 53. I - I ~ - - ~ PoR57 SL - - s - CZ t-,e Itch-, u. fl SP-2 1 ? ~~}i..aw. sP-z 1 Iv ~ r~,l~.C2q az? C2 I C2 1 .` ~JV I _ IR2tI! r r Ir~r Mt SD-32 i ~ z II II 11 I I I ~~ SD-A4 I II ! =' / Lr! ^--- = I II 1 h71 ~. 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RFw .____...... `6,...... ~ CT 11 RF I ~ .__...._. ~R~ CI At GENERALAGgiCULTURAL C-shi SOUTHMAtNSTREETCOMMERCIALINSTR€CT PD PLAHNEDDEVELOPMENi -B PARKING MODIFICATION f fE00R AREA RATIO PRD PLANNEDRESIDENTIAL DEVEL0PMEFET Ek COMMUNFFYCORLMEACIAL GC GOVERNMENTCENtER Rk SfNGLE-FAMILYRESIDENCE Ct-MD LOMMIIk€TYCOMMEgCTAI-MUSEUh1[NSiRiCi h41 iIGH71NW5TRIAL R2 7W9D-EAMILYRESIDENLE E2 G£NERALCOMMEgCIAL M2 REAVYiND€35TRIAE R3 MULTIPLEfAMILY RESIDENCE C3 CENTRALBUSfNESS hi0 M€NTAR'fOPERATSONS R4 SUBURRANAPARTMENT C3-A LENTRALBUS€NE55-AR71575VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE E4 PLANNEDSHOPPiNG CENTER -0Z OVERLAY ZONE SD SPECIFIC DEVELOPMENT CS ART€RIALCOMMERCIAL P PROFESSEONAL SP SPECtFICPIAN CR CDMMERpAERE5IDENTIAE PCD PLANNEDCOMMUNtTYDEVELOPMENF ,` ~ CUP 2012-5 ~ WAL-MART ~ 3600 WEST MCFADDEN AVENUE .~.._. =SO6FEET I" = T WO FEET P L A N N I N G A N D 8 1J I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 r J f I_" r{ a ~ J ~ Q F _ J a w ~ _ G SCHOOL ~ ~ o ~ ,a,_ ~ Z ~ - ~ ~ INpLISTRIAE Q z "' g "` ~ W _ ~ ~ ~ l.H W Q -1 ~ ~ ~ Z VI VI MCFADD~N AV~NfJE COMMERCIAL ~¢ a +- u' ~ SIN w n cn ~ ~ RE510 N PROJECT ____~ S I;T E SRES€f N DAILY 51 lE EA LY C O M E R C I A L Rf pENTI L 51SSpN AVE. SI GLE Q _ F MILY v~j S N G L € A M I L R E S 1 D T E A RE51 ENTIAL FLIGHT AVF. a ~ ~ ~ ~ _ a +/i a Z ~ w r ~ w r_ c0yl~ ~ _1 ~ 6 OC C7 ~ w = l7 ~ w X ~ ~ w LtA ~ a ilJ z a ~ i- z 4 D U z C O ~ ~ Z l7 w ~ w ^Qi - w ~ z ¢ w i~ ~ ~ ~ ~ a fi z w CUP 2012-5 !% WAL-MART 3600 WEST MCFADDEN AVENUE ~ P E A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 .!, -. _; ,~: , .._ _ ~~ ~~ ( =a ~ ~ ~ ~ tmpi~~3m'~ W ~U w ~~ m ~ O ~~ a a. o b U H ~ Q m~ ~ ~~ ~ ~ W ~ ~ W ----t ~ ~ ~ ~ ~ ~ ~ a; p U v v ~ u? O ~ _~ ~ ~ Coe r ~ ' ~ a ~~~g3 ~ ~. ~ r~sQ ~ A F~ - ~ ~ ~ Q~ ~ ~ n i~ ~~~~~ ~;~I~I ~f r41~s€~~~~ ~al~~~°=~°o, l ~~Y 5 ~~ ~I{~~~ t g ~ i r{ ° iIIE~~i~~~s. j{~~ o ko* 1 rt:t ~ i I I o e ~, ~E~' ~~r ~T.~ ~' ~ ~~ ~~ 1 ~~~~ #i 'li;#~~{~; °~~ I F~ ~;r~ ;1 ~~I~~ii~l'I ~ ~~ 4~iI~I`~sl ~- ~i.~l fl,~ ~l1/EE ~~fri~~ii~1~~1~'rI1~rii e~l{~ IC~ f [IIJN ~1 Aef [I t13 ~{ <~ 0 z a u, z ~~~ ~~~ ~S a S ~C C i0. ~I ,l I X61; I ~ '' { ~ ~~ E ~lll; ~ {~ I~Ij~ , I I; {!! ~ i ,{ #~~;r il~~~~ ~~~~~ r~~ Q a ~ g~~ ~ ~~~~ ~ ~ di ~ ?~- ~ ~d ~ ~ ~~ W ~~ ~~~~~ ~~ ~~ ~ EXHIBIT 4 ,_ .~r. ~ _ - _ _ .- - -.- _~.._ - -- - - _ _ -- - ,a,...__ .~ ~~ __- _ ~, _ - - - _ _„ ..; rye ~y+~ . _ ~ .' ~ :" ~ .. ~~: ~ _,. ~9~`~ ~te~~tb~~ ,,~ ~s#af ~~~ ~ lt±s~ta~~ s~re_~ ~i~ ase €cir ~.~n~ci ~f nor mat+~:': u~ r~ ~ ~.t~{i~`x _ 'may _ _ _ t~e,i ~ X~cs,[~~t~~~~uatb~~'~~tc~m~.~~±a;1:Farc~due;~t,I~cau~lV~r~~arr~at~~~~c "~. ' °--. ._~ . ~ t~~i ~~ tp heel Iic~e ~ r ~a~scxr ~t~~c~ii~~ $.~~} t ~sr~`~ c~~ ?~~' .. .: _ fia s~R~ _ - _ _ _. _ _ -- - - x~.~ - ~ ......_. , ~~na~;~. .,_ ~ ~~ ~~~~~~ tea ~ aA~ r4~ ~ T~` ~~ ~,:~i,.~ .,~- _ _ .. - --_ _ zz. ,~~~y~ ~S~ettvn.2 Q3f8'i~uti ~#4~`~~. ~oP3` `. ~ ~.~ ~~ .~ E#~ J t ~ i~t~trf€~~tie, ~+:1~ ~' € ~~~ ~~` GR~SHAM I SAVAGE nrrc~rzrr~YS F.r raw March 5, 2012 Brent.Mc~aniga[GGresi~amSavage.cc~m Sari Bea•nar•ciina~ Office {909) 89Q-499 fn.t (909) 890-9877 VIA e-mail LlinnausC~santa-ana.or~ And FEDERAL EXPRESS Ms. Lucy Linnaus Senior Planner City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 Re: CUP Application and Request far Public Convenience and Necessity Letter Walinart DP No. 2011-3 at 3600 West McFadden Avenue (Master ID No. 2011-95046), ER No. 2011-7 Dear Ms. Linnaus Thank you for your follow up call to our office on February 28, 2012 regarding above matter. We have calendared March 21 for the Planning Commission hearing and plan to be in attendance on behalf of Wal-Mart. We understand that aside from the proposed cancellation of the current Type 20 License that we have already submitted to tlne Department of Alcohol and Beverage Control ("ABC"}, the Planning Commission would also prefer to void the current Conditional Use Permit for the Type 20 License (CUP 2009-06}. The new Conditional Use Permit ("CUP") for the Type 21 License will be considered at the March 21 hearing at the same tune that CUP 2009-06 will be voided. We will want to make sure that the action upon the existing CUP for the Type 20 License will not go into effect until the ABC issues the Type 21 License. Walmart does not want to be i1 a position where it cannot sell beer and wile in accordance with CUP 2009-06 and the active Type 20 License while the ABC completes its review and issuance of tine Type 21 License. I have attached a copy of the License Action Form requesting the cancellation of the current Type 20 license upon issuance of the Type 21 License, for your fiirtlner reference. ? //~~>> RIVERS[DL 3750 University Avenue, Suite 250 Riverside, California 92501 ~il/ICGI//O I SAN i3E12NAR(7IN0 5S0 East Hospitality Lane, Suite 300 San Bernardino, California 92405 GreshamSavage.com page 2 of 3 \~'1;G5-C'aliiovua .1730 Prtticdarei._337(711 ~s< ~~ ~, ~~c~ ~, 2 ~~ a~ ~:~ ~~£ _ -' ~,~y ~~~ j~f GRESHAM ~ SAVAGE E3rent.iVte~tanigalCLGI•eshamSav~lge.com • Sani3el•narciinoOffice r r o r : r i ~_ v s .n r i_ ~.u.r (909) 89[3-n~99 ~ fn.r (909) 890-0657 Apri14, 2012 VIA E-MAIL: LLinnaus@santa-ana.or~ To: Zoning Administrator c% Ms. Lucy Linnaus, Senior Planner City of Santa Ana Planning and Building Agency 20 Civie Center Plaza, M-20 Santa Ana, California 92701 RE: Walmart Store 2517 CUP 2012-05 -Upgrade of Alcohol License Dear Zoning Adminishator: As you know, at the March 21, 2012, hearing on CUP 2012-05, wherein Staff recommended approval, there were concerns :raised regarding the amount of crime in the area surrounding the Walmart store ("Store"), As a result, fhe hearing was continued to allow the Police Department to eonfir~xt the crime statistics in the Crime Reporting District ("District") in which the stare is located. We unders#and that the number of calls-#or-service has increased in the past year and as a result the District now has an "above-average" number of calls. As a result of this increase, we understand that Staff has changed its recommendation to denial, as a matter of policy. Walmart shares the City's concern about the efficient use of City resources and has taken proactive steps to reduce theft from the store and will continue to identify new measures aimed at decreasing theft to reduce calls for service and save Police resources. Outlined below is a summary of the operational changes at the Store and security measures in place to prevent theft. Walmart has established these systems to monitor and defer crime, so that the sale of liquor, pursuant to CUP 2012-05, will not further increase calls for service fo the store and the Crime Reporting District. I have also ~. . y /~!J/7I~%1f~ Sil~'t-fi5lt)I 3750 lftlivcrsity Avclulc, S1Fiic 250 • itivcl•si+lc, C1iiI~7Fmia 92501 ~Q ~- ti;l:~ [iE k~:1t{I>1`rr $SO En~1 liclspitalily I.allc, 5uitc 30Q • S;tFF t3cr13c:rdino, CaliEilrnin')24R8 Q~~~rI~ ~~ ~'1 I'l'5ii81F1 .~3V:1kC~C11F11 EXHIBIT 6 lYlk~S-C~lif~rnia_i1SC_hnatid~r~~--SSllfl-3 City of Santa Ana Ms. Lucy Linnaus, Senior Plaru~er April 4, 201.2 Page 2 included a summary of the training and programs that are in place to ensure that the sale of alcohol complies with City conditions and state law. Based on the information below, and Walmart`s intent to take proactive steps to protect its shoppers, we xespectfully request that CUP 2012-05 be approved. Store Opera#ions; The store was remodeled in 2010 to add groceries. The remodeled store now includes a bakery, deli, meat department and fresh produce. In November 2010, the store expanded its operation to 2~€ hours per day. 'The store maintains its premises in a safe and clean manner to meet the City standards and its customers' expectations. 'The alcoholic beverages are located on one aisle at the rear of the store to deter "grab and go" thefts. Store Security; Walmart has both internal and external security cameras that are monitored by asset protection personnel at all times. The overhead cameras both in the store and in the parking lot are visible by shoppers. Signs are posted informing shoppers that they are being filmed by video cameras. There are surveillance cameras above the aisle where the alcoholic beverages are displayed to provide additional monitoring, In addition to video surveillance, Asset Protection Associates patrol the interior of the store to prevent shoplifting. Walmart has recently increased the number of Asset Protection Associates at this store from four to seven. In addition, the store has recently introduced the Asset Protection Egress Attendants ("APEA") Program to further assist in deterring theft. The purpose of the APEA is to provide additional support in maintaining a safe shopping environment, reduce merchandise loss, ensure proper transactions have been perfarmed at the registers, and to deter criminal activity. The APEA deters theft by maintaining a highly visible presence at all stare exits. The APEA duties include checking receipts and verifying receipts when there is exit-alarm activation. There are currently 7 APEA's at the store, in addition to the Asset Protection Associates. Walmart has found that the APEA ~YI1f,5-Califiania -\R(' Pr++ccdv~rs--K$1I(+1,i City of Santa Ana Ms. Lucy Linnatis, Senior Planner April 4, 2012 Page 3 program has reduced the amount of theft from the stare and, therefore, will redtiee the number of calls for service. Parking Lat Patrol: Walmaxt employs athird-party security company to patrol its parking Iot 24 hours per day. The parking Iot patrol assists in providing customers with a safe shopping experience through the detection and deterrence of criminal activity. This consists of two primary functions: {2) Visibility which enables the parking lot patrol officer {°Officer"} to deter theft; and (z) Communication which enables the Officer to assisE the store's Asset Protection personnel and serve as a liaison for law enforcement. The Officer regularly patrols the entire site in varying routes in a marked security patrol vehicle equipped with rooftop flashing lights. Officers are trained to observe and repoxt al! suspicious incidents and call law enforcement immediately if it appears a pexsori is in danger. O#ficers maintain lag books with respect to their daily activities. Tn addition, the Officers Iook for potential property damage or safety hazards in the parking lot and report them to management fox repair. Officers report any suspicious activity ox emergency situations to facility management and/or law enforcement. if children or juveniles are observed running, climbing, skate-boarding, xoller-blading or playing in the parking lots, Officers notify facility management immediately. The Officer has radio communication with facility management and asset protection associates/coordinators so that they may collectively deliver a coordinated, swift, and safe response to incidents. A~cohoi Sales Training and Compliance: Waimart has a rigaraus policy and training that addresses the safe and responsible sale of alcohol at its stores. The policy emphasizes not only the responsible marketing and sale of alcohol beverage pxoducts but also Walmaxt's commitment to the health and welfare of our Nation's youth. Walmaxt has safeguards designed to prevent the sale of alcohol beverage products to underage consumers. W 13F;-Calilia ni;t_ U3l' _Pa~[e~i~rrs -• $S I7(I. City of Santa Ana Ms. Lucy Linnaus, Senior Planner Apri14, 2012 Page ~ All associates are required to take and pass the Alcohol Sales Compliance Compufer- Based Learning ("CBL") module, This CBL contains key information, including, among other things, the following: • Informing the associate of the applicable laws relating to the sale of alcohol, including the importance of compliance. • Instruction that the associate must decline fo sell an alcoholic beverage product if the circumstances reasonably suggest that selling the product would violate the law or this policy. • A review of the applicable law and this policy and procedures relating to requiring identification, including: {~) The age that Niggers the identification require>.nent; (2} acceptable forms of identification; {3) features from a form of identification that must be checked, with particular emphasis on the government-issued forms of identification most commonly used in the local area, including the driver's Iicense issued in the particular state. • Sales registers are programmed to prompt for government-issued identification for all alcoholic beverage sales. As stated, each associate at the store must complete this CBL and receive a 100% score on the test for the module. 1Jaeh associate must be retrained annually. A copy of Walmart's Responsible Vendor of Alcohol Summary is attached for reference. As is required by the existing conditions of approval and state law, Walmart has posted signs prohibiting loitering and consumption of alcohol on the premises and adjacent property under its control. The signs read as follows: (a) "No open alcoholic beverage containers are allowed on these premises"; and (b} "No loitering is allowed." Walmart has been selling beer and wine from this loration since August 2009, and has not had any A13C violations related to the sale of alcohol. CUP 2012-05 is a request to allow Walmart to add liquor to the assortment of products that it offers to its customers and will not result in an increase in crime. 5V1?s.S~C~lift~rnia .1130 I'n~~~dntn-•S$1761 1 City of Santa Ana Ms. Lucy Linnaus, Senior Planner April 4, 2012 Page 5 Walmarf is continuing its commitment to provide its customers and the City with a safe and secure shopping environment. Tts security and Responsible Sale of Alcohol Programs help fo ensure that the sale of alcohol does not result in violations of the law and the introduction of the APEA Program and the existing security measures will further deter theft fro~n the location. I appreciate you attention fo this matter and again respectfully request that the Planning Department support the approval of CUP 2012-05. Very Truly yours, )gent R. McManigal, far GRESHAM SAVAGE NOLAN & TILDEN, A Professional Corporation 13RM:djd Attachments W!)ht.Califimi3_ 1131'-Pm.1~3vr~--S5T7Gl.I Wal-Maxi Stares, Inc. -- Responsible Vendor of Alcohol Because Wal-Mart takes its responsibilities as a good corporate citizen seriously, Wal-Mart trains its associates and managers on responsible policies and procedures far selling alcohol to the public. The policy focuses on preventing sales to minors, to already intoxicated customers, and during prohibited times and days. Summary of Alcahal Policy Our policies prohibit underage sales and are reinforced with teclmology, training, monitoring, and discipline. In order to prevent such sales, Wal-Mart has instituted the following procedures: • Instntct store associates on Wal-Mart's Identification Policy, which outlines the following: o Approved forms of ID -all of which are gaverttment-issued o Pointers for spotting fake IDs and intoxicated customers. o "ACE" steps for complying with law: ^ Assess -Assess whether the customer appears under 27 (40 -After May, 1, 2008} ^ Check -- Check for ID and birth date ^ Enter -Enter date of birth into register to determine age Teelmola~y: • Registers perform an integral a•ole in our alcohol sales compliance program by helping to prevent sales to minors and sales dut•ing restricted hours. • Register }?roinpts in Place to Prevent Sales to Minors: o When an alcoholic beverage is scanned; R The register stops the transaction and asks if the customer appears to be under 27 years old (under 40 in some markets). ^ The associate must then enter the CUStoinel's' Date of Birth before the transaction can proceed. o Cashiers must require ID from any customer who appears to be under the age of 27. In some markets, the age to request ID is anyone tinder 40. The ID 40 Program will be in place nakionwide by May 1, 2008. • Restricted Hours: o Registers are programmed with applicable alcohol sales days and ]tours by the home of#"ice. o If an associate attempts to sell alcohol during a prohibited time, the register will stop the transaction. p Generally, these prompts are set according to state law. o If the locality in which a particular store has more restrictive hours of alcohol sales than the state, hours of sate are set based on the local rule. Training: + New employee orientation for store managers includes alcohol compliance training. • When a store obtains an alcohol license, all associates who act, or might act, as cashiers must take an alcohol compliance computer-based training (CBL} program and score 100%. • Associates are required to score 100% on the alcohol CBL within 15 days of the stores' license issuance or hire date. • All associates who are coded as cashiers must retake the alcohol CBL yearly upon the anniversary of their date of hire. This ensures that associates are trained annually. • Ti•airiing irtclrrdes i~tforaraaliott oji liarv to tr~r-r down alcohol sales. Monitorin~• + Wb.ere required by law, customer service managers (CSMs} must complete transactions for employees under 21. Discipline; Associates who violate this policy will be terminated and nat eligible for rehire. w~36s-oao c>aa~a~ ROH -- 04/10/12 RESOLUTION NO. 2012-XX A RESOLUTION 01= THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2012-05 FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3600 WEST MCFADDEN AVENUE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS; Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 201205 for a Type 21 Alcoholic Beverage Control license, which allows the sale of beer, wine, and distilled spirits for off-premise consumption, for the property located at 3600 West McFadden Avenue. B. Conditional Use Permit No, 2012-05 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on March 21, 2012. On March 21, 2012, the Zoning Administrator of the City of Santa Ana continued the matter to March 28, 2012. On March 28, 2012, the Zoning Administrator of the City of Santa Ana continued the matter to April 10, 2012. C. Santa Ana Municipal Cade Section 41-196 requires a conditional use permit for the safe of alcoholic beverages. D. The Zoning Administrator determines that the following findings, which must be established in order to grant a Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have not been established: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed Alcoholic Beverage Control (ABC) license will not provide an additional service and convenience to the community. The Police Department has determined that the subject property is located in a Resolution No. 2012-XX Page 1 of 4 district that ranks above average in police-related incidents. An ABC license upgrade at this location may aggravate existing crime conditions and negatively impact adjacent community. Therefore, the license upgrade to allow the sale of distilled spirits at the market, under this particular circumstance, would not contribute to the general well being of the surrounding neighborhood or the community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Wal-Mart is an established department store chain with established policies and procedures, including an employee training program focused on security and alcohol sales responsibility. However, the project site is located in a reporting district that is considered above average in police-related calls. Further, Wal-Mart has had a significant increase in calls for service over the past year. Therefore, under the circumstances of this particular case, the proposed ABC license upgrade may be detrimental to the health, safety or general welfare of persons residing and working in the area and may create any negative or adverse impacts. 3. Wi11 the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Whereas an upgraded ABC license for Wal-Mart could positively influence the present and future economic stability of the property by further diversifying the products and services offered and furthering the value of the store to the community as a destination for one- stop shopping, the potential of additional crime that may be associated with the upgrade from a Type 20 to a Type 2'1 ABC license has the potential to negatively affect the future economic stability and economic development of properties in the surrounding area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 4'1 of the S.A.M.C. for such use? The proposed alcohol license will be in compliance with all applicable conditions of Chapter 41 of the Resolution No. 2o12-XX Page 2 of 4 Santa Ana Municipal Code regarding off-premise general liquor licenses. However, the project site is located in a reporting district that is considered above average in police-related calls. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use could adversely affect the General Plan's Public Safety Element goals of providing a safe and secure environment for the City's residents and workers by approving an ABC license upgrade that could increase crime in an area of the City that the Police Department has already identified as being above average in Police related incidents. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2011-7 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby denies Conditional Use Permit No. 2012-05. With the denial of Conditional Use Permit No. 2012-05, it is not necessary for the Zoning Administrator to approve voiding Conditional Use Permit No. 2009-06, which allows the current Type 20 ABC license on the property. This decision is based upon the evidence submitted at the abovesaid hearings, which includes, but is not limited to: the Request for Zoning Administrator Action dated March 21, 2012, and exhibits attached thereto; the Request far Zoning Administrator Action dated March 28, 2012, .and exhibits attached thereto; the Request for Zoning Administrator Action dated April 10, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of April, 2012. Sergio Klotz Zoning Administrator Resolution No. 2012-XX Page 3 of ~r APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2012-XX to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 10, 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2fl12-XX Page 4 of 4