HomeMy WebLinkAboutAGENDA REPORT 2021 0928 PC ITEM 08Aof
ACTION
BY:
CITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
September 28, 2021
Approved Staff Recommendation with
Modified Conditions of Approval, Including
Adoption of Resolution No. PC -2021-661.
K. Valencia
Item: 8.A.
A. Consider a Resolution Approving Conditional Use Permit No. 2021-06, to Allow the
Operation of a 1,079 Square -Foot Retail Tobacco and Products Store Within an
Existing 165,294 Square -Foot Shopping Center, located at 525 Los Angeles
Avenue, Suite E, and Making a Determination of Exemption Pursuant to the
California Environmental Quality Act (CEQA) in Connection Therewith, on the
Application of Louai Jarjor (for J's Smoke Shop)
Staff Recommendation: 1) Open the public hearing, accept public testimony, and
close the public hearing; and 2) Adopt Resolution No. PC -2021-661 for approval of
Conditional Use Permit No. 2021-06.
Item: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Freddy A. Carrillo, Associate Planner II
DATE: 09/28/21 Regular Meeting
SUBJECT: Consider a Resolution Approving Conditional Use Permit No. 2021-06,
to Allow the Operation of a 1,079 Square -Foot Retail Tobacco and
Products Store Within an Existing 165,294 Square -Foot Shopping
Center Located at 525 Los Angeles Avenue, Suite E, and Making a
Determination of Exemption Pursuant to the California Environmental
Quality Act (CEQA) in Connection Therewith, on the Application of
Louai Jarjor (for J's Smoke Shop)
STAFF RECOMMENDATION
Open the public hearing, accept public testimony and close the public hearing; and
2. Adopt Resolution No. PC -2021-661 for approval of Conditional Use Permit No.
2021-06.
PROJECT DESCRIPTION AND BACKGROUD
On August 20, 2021, Louai Jarjor (for Ts Smoke Shop) submitted an application for a
Conditional Use Permit (CUP) to allow the operation of a 1,079 square -foot retail tobacco
and products store within an existing 165,294 square -foot shopping center (LA Spring
Shopping Center), located at 525 Los Angeles Avenue, Suite E (Attachments 1 and 2).
The vacant unit was previously occupied by The Wine Castle (liquor store). ().
Pursuant to Section 17.20.060.A.26.a of the Moorpark Municipal Code (MMC), a CUP is
required to allow the sale of tobacco products in a retail smoking product store, as defined
in Chapter 8.32 (Prohibitions of Smoking). An overview of the proposed tobacco retail
business is provided in the Analysis Section of this report.
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Page 2
EXISTING AND SURROUNDING LAND USES
The proposed use is located within Suite E, an existing 1,079 square -foot space within
the 165,294 square -foot shopping center. Access to the center is provided from Los
Angeles Avenue, with secondary access from Spring Road. The following table
summarizes the General Plan, zoning, and existing land uses on the subject property and
within the vicinity.
Surrounding Land Uses
Direction
General Plan
Zoning / Specific Plan Land
Land Use
Use Designation
Site
General Commercial
Commercial Planned
LA Spring
(C-2)
Development (CPD)
..
Shopping Center,
Very High Density
Residential Planned
Park Springs
North
Residential (VH)
Development
Condominiums
(RPD -15U)
Chevron
South
General Commercial
Commercial Planned
Gasoline
Station/Moorpark
(C-2)
Development (CPD)
Plaza Shopping
Center
Very High Density
Residential Planned
Moorpark Pines
East
Residential (VH)
Development
Apartments
(RPD -15U)
West
Medium Density
Single Family Dwellings (R-1)
Single -Family
Residential M
Dwellings
General Plan. Zonina. and Specific Plan Consisten
The General Plan land use designation for the project site is Commercial Office (C-2).
This designation provides for commercial areas with a wide range of retail and service
activities. Intended uses include community shopping centers, department stores,
furniture and appliance stores, restaurants, automotive uses, office and professional
services, and business support services. The proposed retail tobacco store is consisted
with this use. The proposed retail tobacco store would also occupy a commercial space
that is currently vacant, which is directly consistent with Goal 7 of the Land Use Element
to "provide for a variety of commercial facilities which serve community residents and
meet regional needs."
The Zoning designation for the project site is CPD. The purpose of the CPD zone is to
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CUP No. 2021-06
09/28/2021 Regular Meeting
Page 3
encourage the development of coordinated, innovative and efficient commercial sites and
to provide areas for a wide range of commercial retail and business uses, including stores,
shops and office supplying commodities or performing services for the surrounding
community. The proposed retail tobacco store is consistent with the commercial zoning
designation.
ANA1 YSIS
General Discussion:
There are no State or local regulations that limit tobacco retailers from opening within a
certain distance from a school, park, or another tobacco retailer. Currently, one retail
tobacco store (Tobacco Zone) is operating at 231 Los Angeles Avenue (Moorpark Town
Center), approximately 3,300 feet west of the proposed tobacco store, and a recently -
approved tobacco store (Rami Tobacco, Inc.) will be opening at 310 Los Angeles Avenue
(Parklane Center), approximately 3,600 feet southwest of the subject property.
The proposed retail tobacco store would be located within a 1,079 square -foot tenant
space. Included within this space is an approximately 50 square -foot storage room and
58 square -foot restroom (Attachment 4). The proposed hours of operation associated with
the tobacco store would be 9:00 a.m. to 9:00 p.m., daily, and are within the permitting
operating hours of the shopping center. The store would employ one to two people with
at least one employee per shift. The Applicant has indicated that the store would be closed
if the employee takes a lunch break, bathroom break, etc.
Tobacco products, including cigarettes, cigars, electronic cigarettes, hookahs, lighters,
glass pipes, vapes, and vape juice will be displayed on wall shelving located behind
counters and inside glass showcases. All tobacco products will be out of reach from
customers. Non-alcoholic beverages, t -shirts, candy, Lotto scratchers, and snacks would
also be sold at this location. The Applicant is proposing to install 14 video surveillance
cameras throughout the store, including two facing the entrance/exit and rear door.
Furthermore, a motion detector would also be installed in the front and back door of the
unit.
In 2020, a law was passed amending the Federal Food, Drug, and Cosmetic Act, and
raising the federal minimum age of sale of tobacco products from 18 to 21 years. This
includes tobacco, e -cigarettes, and vaping products. Condition of Approval No. 6 of the
draft resolution (Attachment 5 will require signage be posted on the main door indicating
the age required to purchase tobacco products. Individuals under 21 years of age can
enter a tobacco retailer store and purchase non -tobacco products. Additionally, it is
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09/28/2021 Regular Meeting
Page 4
important to ensure that the surrounding residential uses are not negatively impacted by
the introduction of this use. Therefore, a condition of approval will require the Applicant
to police the exterior of the business to assure that there is no loitering of store customers
in the parking lot or smoking in areas adjacent to the store.
Moorpark Police Department:
The Moorpark Police Department has reviewed this application and has recommended a
condition of approval regarding the operation and provided recommendations (Nos. 19
and 20, Attachment 5). With the addition of these conditions, the Police Department has
no concerns regarding the proposed use.
FINDINGS
Conditional Use Permit Findings:
The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and all applicable regulations in that tobacco sales are conditionally
permitted use. The proposed use is also consistent, with General Plan Land Use
Element Goal No. 7, to "provide for a variety of commercial facilities which serve
community residents and meet regional needs".
2. The proposed use, as conditioned, is compatible with both existing and permitted
land uses in the surrounding area in that the tobacco store is proposed within an
existing commercial shopping center.
3. The proposed use, as conditioned, is compatible with the scale, visual character,
and design of surrounding properties in that there will be no changes to the exterior
of the building as a result of the application.
4. The proposed use, as conditioned, would not be obnoxious or harmful, or impair
the utility of neighboring property or uses in that conditions of approval have been
added to ensure adequate security of the parking lot, and prohibit exterior
advertising of any kind or type promoting or indicating the availability of tobacco.
5. The proposed use, as conditioned, would not be detrimental to the public health,
safety, convenience, or welfare in that conditions of approval have been
incorporated to address potential concerns to public health, safety, and welfare
associated with the operation of the business.
PROCESSING TIME LIMITS
Honorable Planning Commission
CUP No. 2021-06
09/28/2021 Regular Meeting
Page 5
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Filed: August 20, 2021
Date Application Determined Complete: September 8, 2021
Planning Commission Action Deadline: November 7, 2021
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Community Development Director or designee determines the level of review necessary
for a project to comply with the California Environmental Quality Act (CEQA). Some
projects may be exempt from review based upon a specific category listed in CEQA.
Other projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of a significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines
because the Applicant is proposing a retail tobacco and products store within an existing
commercial building. Therefore, Staff has determined that there is no substantial
evidence that the project would have a significant effect on the environment.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning
Ordinance as follows:
Publication. The notice of the public hearing was published in the Ventura County
Star on September 19, 2021.
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CUP No. 2021-06
09/28/2021 Regular Meeting
Page 6
2. Mailing. The notice of the public hearing was mailed on September 17, 2021, to
owners of real property, as identified on the latest adjusted Ventura County Tax
Assessor Roles, within one -thousand (1,000) feet of the exterior boundaries of the
assessor's parcel(s) subject to the hearing.
3. Sign. One 32 square -foot signs were placed on the street frontages on September
18, 2021.
ATTACHMENTS
1. Location Map
2. Aerial Map
3. Existing Site Plan
4. Proposed Floor Plan
5. Draft Resolution with Conditions of Approval
Location Map - 525 Los Angeles Avenue, Suite E
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Proposed Location
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CUP No. 2021-06
09/22/2021
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1" = 103 ft
CUP No. 2021-06
09/22/2021
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This map may rpresents a visual display of related geographic information. Data provided herr on i; not guarantee of acutual field conditions To be sure of complete accuracy, please contact the
responsible staff for most up-to-date information.
PC Attachment 1
Aerial Map - 525 Los Angeles Avenue, Suite E
1" = 103 ft
CUP No. 2021-06
09/22/2021
This map may re resems a visual display of related geographic information. Data provided here on is no;. guaramee of acutual field conditions. To be sure of complete accuracy, please contact the
responsible staff for most up-to-date information.
PC Attachment 2
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PC Attachment 4
RESOLUTION NO. PC -2021-661
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2021-06, TO ALLOW THE OPERATION OF A 1,079
SQUARE -FOOT RETAIL TOBACCO AND PRODUCTS STORE
WITHIN AN EXISTING 165,294 SQUARE -FOOT SHOPPING
CENTER, LOCATED AT 525 LOS ANGELES AVENUE, SUITE E
AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN
CONNECTION THEREWITH ON THE APPLICATION OF LOUAI
JARJOR (FOR J'S SMOKE SHOP).
WHEREAS, on August 20, 2021, an application was filed for a Conditional Use
Permit (CUP) No. 2021-06, to allow the operation of a 1,079 square -foot retail tobacco
and products store within an existing 165,294 square -foot shopping center located at 525
Los Angeles Avenue, Suite E; and
WHEREAS, at a duly noticed public hearing on September 28, 2021, for CUP No.
2021-06, the Planning Commission considered CUP No. 2021-06, including the agenda
report and any supplements thereto and written public comments; opened the public
hearing and took and considered public testimony both for and against the proposal; and
WHEREAS, the Community Development Director has determined that CUP No.
2021-06 is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) of the CEQA
Guidelines because the Applicant is proposing a retail tobacco and products store within
an existing commercial building. In addition, there is no substantial evidence that the
project will have a significant effect on the environment in that the site has already been
developed. No further environmental documentation is needed.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission, based on its own independent analysis and judgment, concurs with the
Community Development Director's determination that the project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. No further
environmental documentation is needed.
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
PC Attachment 5
Resolution No. PC -2021-661
Page 2
A. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and all applicable regulations in that tobacco sales are conditionally
permitted use. The proposed use is also consistent, with General Plan Land Use
Element Goal No. 7 to "provide for a variety of commercial facilities which serve
community residents and meet regional needs".
B. The proposed use, as conditioned, is compatible with both existing and permitted
land uses in the surrounding area in that the tobacco retail store is consistent with
existing commercial uses within the LA Spring Shopping Center.
C. The proposed use, as conditioned, is compatible with the scale, visual character,
and design of surrounding properties in that there will be no changes to the exterior
of the building as a result of the application.
D. The proposed use, as conditioned, would not be obnoxious or harmful, or impair
the utility of neighboring property or uses, in that conditions of approval have been
added to ensure proper adequate security of the parking lot and prohibit exterior
advertising of any kind or type promoting or indicating the availability of tobacco.
E. The proposed use, as conditioned, would not be detrimental to the public health,
safety, convenience, or welfare in that conditions of approval have been
incorporated to address potential concerns to public health, safety, and welfare
associated with the operation of the business.
SECTION 3. PLANNING COMMISSION APPROVAL: The Planning
Commission herby approves CUP No. 2021-06 subject to the Standard and Special
Conditions of Approval found in Exhibit A attached.
SECTION 4. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, AND ADOPTED this 28th day of September, 2021.
Resolution No. PC -2021-661
Page 3
Kipp Landis
Chair
Douglas Spondello, AICP
Interim Community Development Director
Exhibit A — Conditions of Approval
Resolution No. PC -2021-661
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) No. 2021-06
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits identified below from Resolution No. 2009-2799:
218. Within thirty (30) calendar days of approval of this entitlement, the applicant shall
sign and return to the Planning Division an Affidavit of Agreement and Notice of
Entitlement Permit Conditions of Approval, indicating that the applicant has read
and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of
Agreement/Notice shall include a legal description of the subject property and have
the appropriate notary acknowledgement suitable for recordation.
219. This Conditional Use Permit expires one (1) year from the date of its approval
unless the use has been inaugurated by issuance of a building permit for
construction. The Community Development Director may, at his/her discretion,
grant up to two (2) additional one-year extensions for use inauguration of the
permit if there have been no changes in the adjacent areas and if the applicant can
document that he/she has diligently worked towards use inauguration during the
initial period of time. The request for extension of this permit shall be made in
writing, at least thirty (30) days prior to the expiration date of the permit and shall
be accompanied by applicable entitlement processing deposits.
220. The Conditions of Approval of this entitlement and all provisions of the City of
Moorpark Municipal Code and adopted City policies at the time of the entitlement
approval, supersede all conflicting notations, specifications, dimensions, typical
sections and the like which may be shown on said plans or application.
221. Conditions of this entitlement may not be interpreted as permitting or requiring any
violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
223. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or its
agents, officers or employees to attack, set aside, void, or annul any approval by
the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning this entitlement approval, which claim, action or proceeding
is brought within the time period provided therefore in Government Code Section
66499.37 or other sections of state law as applicable. The City will promptly notify
the applicant of any such claim, action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the defense, the applicant shall not
Resolution No. PC -2021-661
Page 5
thereafter be responsible to defend, indemnify and hold harmless the City or its
agents, officers, and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good faith
b. The applicant shall not be required to pay or perform any settlement of such
claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a building permit is issued pursuant to the permit, or
the use is inaugurated.
224. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set forth.
225. All facilities and uses, other than those specifically requested in the application and
those accessory uses allowed by the Municipal Code, are prohibited unless
otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
FEES
226. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement, the applicant shall submit to the Community Development Department
all outstanding entitlement case processing fees, including all applicable City legal
service fees. This payment shall be made within sixty (60) calendar days after the
approval of this entitlement.
OPERATIONAL REQUIREMENTS
235. All uses and activities must be conducted inside the building(s) unless otherwise
authorized in writing by the Community Development Director and consistent with
applicable Zoning Code provisions.
239. No noxious odors may be generated from any use on the subject site.
SPECIAL CONDITIONS OF APPROVAL
This Conditional Use Permit is granted or approved with the City's designated
approving body retaining and reserving the right and jurisdiction to review and to
modify the permit—including the conditions of approval—based on changed
circumstances. Changed circumstances include, but are not limited to, major
modification of the business; a change in scope, emphasis, size, or nature of the
Resolution No. PC -2021-661
Page 6
business; the expansion, alteration, reconfiguration, or change of use; or the fact
that the use is negatively impacting surrounding uses by virtue of impacts not
identified at the time of application for the conditional use permit or impacts that
are much greater than anticipated or disclosed at the time of application for the
conditional use permit. The reservation of right to review any permit granted or
approved under this chapter by the City's designated approving body is in addition
to, and not in lieu of, the right of the City, its Planning Commission, City Council,
and designated approving body to review and revoke or modify any permit granted
or approved under this chapter for any violations of the conditions imposed on such
permit.
2. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this conditional use permit, consistent with Chapter 17.44 of the Moorpark
Municipal Code or as may be amended in the future.
3. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2021-06, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein. All Conditions of Approval and requirements of
Commercial Planned Development Permit No. 96-2 shall continue to apply unless
specifically modified by this Conditional Use Permit.
4. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
5. Approval of a Zoning Clearance is required prior to the issuance of building
permits.
6. No person under the age of twenty-one (21) is allowed to purchase tobacco
products. This includes cigarettes, cigars, and e -cigarettes. Signage must be
posted on the door indicating this prohibition to the satisfaction of the Community
Development Director.
7. No person under the age of twenty-one (21) may sell or package tobacco products
or smoking paraphernalia.
8. All exterior areas of the site, including parking areas under use by the store, must
be maintained free of litter and debris at all times.
9. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
10. The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that there is no loitering of store customers in the parking lot or
Resolution No. PC -2021-661
Page 7
in areas adjacent to the facility. The rear door must remain closed and locked
during business hours.
11. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN
PUBLIC PLACES at all times and shall provide signs consistent with Chapter
8.32.040 to the satisfaction of the Community Development Director, prior to
initiation of the uses allowed by this permit.
12. The applicant must obtain a retail tobacco license from the Board of Equalization
prior to opening.
13. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective
tenant shall obtain a Business Registration from the City of Moorpark. All
contractors doing work in Moorpark shall have or obtain a current Business
Registration.
14. A separate sign permit application is required for all proposed signs, which are
subject to the review and approval of the Community Development Director.
15. Other than a business sign in conformance with Chapter 17.40 of the Zoning
Ordinance, there must be no advertising of any kind or type promoting or indicating
the availability of tobacco or smoking products from the exterior of the building.
Interior signs or displays of tobacco or smoking products that are clearly visible to
the exterior shall constitute a violation of this condition.
16. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant
shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction
of the Community Services Administrative Specialist.
17. No increase of floor area, other than what is being permitted as part of this permit,
is permitted without approval of an additional permit adjustment or modification.
18. During any activity that may require the need for additional security, security
personnel must be provided to monitor the parking area(s) designated for use by
customers of the facility. The applicant shall work with the Police Department and
Community Development Department staff to determine which activities shall
require additional security.
MOORPARK POLICE DEPARTMENT:
19. Prior to issuance of building permit, the Permittee shall revise the floor plan for the
review and approval of the Moorpark Police Department depicting the following:
a. Showing location of check-out counters. Counters shall be located near
entrance of store and be clearly visible for employees to monitor store.
b. Showing path of travel for customers only.
Resolution No. PC -2021-661
Page 8
C. Showing location of shelving and display cases. Fixtures shall not exceed
5 -feet in height.
20. The Permittee shall consider the following recommendations:
a. Installing an alarm system, panic alarm, and surveillance cameras that can
be registered through the Ventura County Sherriff's Office Video
Surveillance Camera Registration program.
b. Replacing hollow -core doors with solid -core doors and replacing weak door
frames or reinforce them with steel or concrete.
C. Securing windows and glass doors by adding clear polycarbonate sheets or
interior security bars.
d. Maintaining clear visibility from the store to the street, sidewalk, parking
areas, and passing vehicles.