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HomeMy WebLinkAboutZA FULL PACKET 2012-03-21March 21, 2012 City Hall Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 2012-05 (Lucy Linnaus) 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: 1. Adopt a resolution voiding Conditional Use Permit No. 2009-06. 2. Adopt a resolution approving Conditional Use Permit No. 2012-05 as conditioned. 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: 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. Conditional Use Permit No. 201205 March 21, 2012 Page 2 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. Wal-Mart proposes to increase the total display 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 complies with the standards required by the Planning Division for establishments selling alcoholic beverages. The current hours 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 2:00 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 roof. The store is comprised of general sales floor, a grocery store, an automotive fire center, optometric office and a seasonal garden center. On April 13, 2009, the City granted Conditional Use Permit No. 2009-06, to allow Wal-Mart to obtain a Type 20 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. The City will be voiding CUP 2009-06, which granted the Type 20 ABC license (Exhibit 5). The purpose of these actions is to create a zero net gain in number of licenses in an area that already has an overconcentration of licenses based on 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 Zoning_Consistency 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 March 21, 2012 Page 3 The zoning for the site is North Harbor Specific Plan (SP2), General Commercial land use category. The General Commercial land use of the SP2 zoning district allows for retail and department stares, making the proposed use consistent with the zoning code. Project Analysis 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 follawing 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 #his report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed Alcoholic Beverage Control (ABC} license will provide an additional service and convenience to the community by allowing patrons the convenience of purchasing a variety of alcoholic beverages while purchasing other general merchandise or awaiting for other Wal-Mart store services. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding distilled spirits to their current offerings of beer and wine, and the other items already offered in the store, Wal-Mart can better serve the community by providing added convenience and aone-stop shopping experience. • The proposed ABC license will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. Wal-Mart is an established department store chain with established policies and procedures, including an Conditional Use Permit No. 2012-05 March 21, 2012 Page 4 employee training program focused on security and alcohol sales responsibility. These security and educational measures will ensure that beer, wine, and distilled spirits sales are handled in a responsible manner, increasing the customer convenience without increasing the number of service calls to the Police Department or adversely affecting residents or businesses in the vicinity. • The approval of an upgraded ABC license for Wal-Mart will 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. As the major anchor tenant within the multi-tenant shopping center, its viability will assist in the promotion of the leasing of other tenant spaces within the project site and the surrounding commercial areas in general. • 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. Conditions of approval have been added to ensure the project remains in compliance with al! applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. • The proposed project will not adversely affect the General Plan. Retail establishments and regulated uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Police Department Analysis The Police Department reviews conditional use permit applications for the safe 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. The Police Department has determined that the project is located in an area that is average in police-related incidents. This site is located within Reporting District No. 67, which ranks 50" out of 102 citywide districts in total number of police- related incidents. 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 Conditional Use Permit No. 2012-05 March 21, 2012 Page 5 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. Since there are no high crime or overconcentration issues, the Police Department recommends approval of this application for a license upgrade provided that the same conditions from the original conditional use permit are carried forward. Those conditions will mitigate any potential negative impacts to the adjacent residents. 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 this 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. CEQA Compliance 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. Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve CQnditiar~~~Use Permit No. 2012-05 as conditioned. Lucy Linn~s, AIA Senior PI ner ..~. ~,,~. ~~~~ Vincent Fregos , AICP Principal Plann r ' LL:jm 111repotis~PC and ZAlcupl2-05 Wal-Mart.za Conditional Use Permit No. 2012-05 March 21, 2012 Page 6 Attachments: Exhibit 1 --Vicinity Map Exhibit 2 -Location Map Exhibit 3 -Site Plan Exhibit 4 -Floor Plan Exhibit 5 -State of California License Action Request and Applicant Letter If Al r/^tl lr ~I II ~ ~_ , I %j I~ IF 11 IE d °====;1 I+ I1C~,F===i i~ fR0 it II i€ it IF ,~~ I .+ln l.. I`\ !1 II II N" SP'2 ~~ ~ ~ `i _.._I! IE, MI 4F__ Ft L ~ ~ 9fa7 CZ ql N _ _xn $P~2 SR1 SP-Z SA-2 R o 3 _ --- FIRST $T, I - "F" - P} i FIRST 5T. - - - - Cz a r-- IIcA== 3 SP-2 ~ .~i~ r\~ 5P2 iR21i'i /r~r .C2~ ~~ E2 f C2 b ~ Mt ~ SD-32 ~~ IF i~---I~ i ~ 1 a ~ SD-49 I ~\ , 1~ !tr/f'~---W~ rl/,IF F I MI I EE IF II I ~ ~ Ih~~_=~..~r 11- frr~.\IS'- 'll `~ 13 ! CS ' 2 - IF 11 IF I ~ I~ It 11 ~/~ ' fl llli_ __JI I IF.I H 'O § 14I Ir FI It I R2 v \-------~ ~ rr f11----- I IEg€ ~ 1!_. SP- I ! 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T£ FYY 1iF_AD ~If[~~G?!f _ - __ ~~ ~~~ ~U~ ~Sn[~£~~!'B~~G~~f ~7t`C81C1C~~&Jf~8 f~ ~' ~ .. ~_:, ~7`' ~~- C~RESE®IAM I SAVAGE n -7"I" U R N L_ Y S A 7 ~- A VJ March 5, 2012 13i•ent.iVlcManigal «Gresl.~an~S~tvage.con~ Sac1 Berna3•dino C3ffice (909) 89(1-499 fa.t (9U9) 89U X1577 VIA e-mail LlinnausCsanta-ana.or~ And FEDERAL EXPRESS Ms. Lucy Lilnaus Senior Plaruler City of Santa Ana Planning and Building Agency 20 Civic Centex Plaza, M-20 Santa Ana, CA 92701 Re: CUP Application and Request for Public Convenience and Necessity Letter Walmart DP No. 2011-3 at 3600 West McFadden Avenue (Master ID No. 2011-95046}, ER No. 2011-7 Dear Ms, Linnaus Thank you for your follow up call to our office on February 2$, 2012 regarding above matter. We have calendared March 21 for the Planning Commission hearitlg and plan to be ire 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 the Department of Alcohol and Beverage Control ("ABC"), the Planning Commission would aisa prefer to void the current Conditional Use Permit for the Type 20 License (CUP 2009-Ob}. The new Conditional Use Permit ("CUP"} far the Type 21 License will be considered at the March 21 hearing at the same time that CUP 2009-Ob will be voided. Wr. will want to snake 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 in 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 the Type 21 License, I have attached a copy of the License Action Forrn requesting tl~e cancellation of the current Type 20 license upon issuance of the Type 21 License, for your further reference. ? >/~ R7V~RSI[7E 3750 University Avenue, Suite 250 Riversi8e, California 92501 /~~fll %ll I SAN E3CRNAit[~INO 550 East Hospitality Lane, Suite 300 San (3ernarc~ina, California 92408 Gresharn5avage.corn page 2 of 3 11'I~G-S-('ali~bniiv A13C Pn._cJamti--33;C•3?.1 ~ ~~~: °~ ~~ i~~~ . ~.~,. ~. _ ~~. ~~ ~ ~. ,,.;r5r~~-~s, ~~ ,~~1 ~~~~ .. ROH _ 03!29112 RESOLUTION NO. 2012-XX A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING 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. 2012-05 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. The applicant has fled an ABC 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. This cancellation justifies voiding Conditional Use Permit No. 2009-06, which allowed the Type 20 ABC license on the property and would no longer be necessary or pertinent. C. 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. D. Santa Ana Municipal Code Sectian 41-198 requires a conditional use permit for the sale of alcoholic beverages. E. 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 Sectian 41-638, have been established: 1. Will the proposed use provide a service or faclity which will contribute to the general well being of the neighborhood or community? Resolution No. 2012-XX Page 1 of 7 The proposed Alcoholic Beverage Control (ABC} license will provide an additional service and convenience to the community by allowing patrons the convenience of purchasing a variety of alcoholic beverages while purchasing other general merchandise or awaiting for other Wal-Mart store services. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding distilled spirits to their current offerings of beer and wine, and the other items already offered in the store, Wal-Mart can better serve the community by providing added convenience and aone-stop shopping experience. 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? The proposed ABC license will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. 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. These security and educational measures will ensure that beer, wine, and distilled spirits sales are handled in a responsible manner, increasing the customer convenience without increasing the number of service calls to the Police Department or adversely affecting residents or businesses in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The approval of an upgraded ABC license for the Wal- Mart will 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. As the major anchor tenant within the multi-tenant shopping center, its viability will assist in the promotion of the leasing of other tenant spaces Resolukion No. 2012-XX Page 2 of 7 within the project site and the surrounding commercial areas in general. 4. WiII the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The proposed alcohol license will be in compliance with all applicable conditions of Chapter 41 0# the Santa Ana Municipal Code regarding off-premise general liquor licenses. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Retail establishments and regulated uses such as Alcoholic Beverage Control {ABC} licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. F. 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 approves Conditional Use Permit No. 2012- 05. With the approval of Conditional Use Permit No. 2012-05, the Zoning Administrator also approves voiding Conditional Use Permit No. 2009-06, which previously granted a 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; and the public testimony, all of which are incorporated herein by this reference. Resolution iVo. 2012-XX Page 3 of 7 ADOPTED this 21 st day of March, 2012. Sergio Klotz Zoning Administrator 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 March 21, 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2092-XX Page 4 of 7 Conditions for Conditional Use Permit No. 2012-05 Conditional Use Permit No. 2012-05 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Fallure to comply with each and every condition may result in the revocation of the conditional use permit. A, Planning_Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 2011-3. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The shopping cart containment system must be maintained in operating conditions at all times. 4. The existing Type 20 ABC license shall be cancelled upon the issuance of a Type 21 ABC license, and CUP 2011-9 shall be null and void upon the approval of CUP 2092-05. B. Police Department No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2. The petitioner shall be responsible far maintaining free of litter the area adjacent to the premises over which he has control. 3. There shall be no exterior advertising of any Kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin-operated games maintained on the premises at any time. Exhibit A Resolution IVo. 2012-XX Page 1 of 3 Page 5 of 7 5. All public telephones shall be located on the interior of the premises. 6. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 7. The petitioners} shall post a placard prohibiting loitering, pursuant to California Penal Code {"CPC") section 602, on the exterior of the premises. 8. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 9. No wine shall be sold with an alcoholic content of greater than 15 percent by volume except for "Dinner Wines" which have been aged two years or more, and maintained in corked bottles. 10. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers are prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. 11. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by single containers, but must be sold in manufacturer pre-packaged multi-unit quantities. 12. Wine and distilled spirits shall not be sold in bottles or containers smaller than 750 mi. Beer coolers, wine coolers, or pre-mixed distilled spirit cocktails must be sold in manufacturer pre-packaged multi-unit quantities. 13. The sales of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. and 12;00 a.m., each day of the week. 14. The Police Department shall review the operation after 90 days, six months, one year, and annually thereafter for modification or violations of any of the conditions of approval. 15. Existing market and required parking must conform to the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, doorlwindow locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Exhibit A Resolution No. 2012-XX Page 2 of 3 Page 6 of 7 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 15 must be complied with. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 18, Window displays and racks must be kept to a maximum height of three feet including merchandise. 19. Atimed-access cash controller or drop safe must be installed. 20. Install a silent armed robbery alarm, Exhibit A Page 3 Of 3 Resolution Na. 2012-XX Page 7 of 7