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Home My WebLink About31A - CUP - 2626 N BRISTOL ST UNIT BREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016-12 TO ALLOW THE 24-HOUR OPERATION OF 7 -ELEVEN MARKET AT 2626 NORTH BRISTOL STREET, UNIT B — RALPH DEPPISCH, APPLICANT (STRATEGIC PLAN NO. 3,2) J CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016-12 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on September 26, 2016, by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016-12 as conditioned to allow the 24-hour operation of a retail market at a new 7 -Eleven market at 2626 North Bristol Street, Unit B, in the Community Commercial (C-1) zoning district. The Planning Commission added conditions of approval to the project requiring a block wall to be constructed that will restrict access to the rear of the building and installation of landscaping on the block wall to deter graffiti (Exhibit A). DISCUSSION 7 -Eleven is requesting approval of a conditional use permit to operate a retail market located at 2626 North Bristol Street, Unit B on a 24-hour basis. The 2,260 -square -foot tenant space is currently occupied by a retail market, which 7 -Eleven is proposing to acquire, rebrand, and operate. The conditional use permit for after-hours operations will allow the retail market the ability to sell alcoholic beverages until 2:00 a.m. 7 -Eleven is also proposing site improvements that include new landscaping, parking lot lighting, repairs and enhancements to the trash enclosure, and to increase the height of the CMU (concrete masonry unit) block walls between the site and neighboring residential properties. The applicant will also remove the vending machines that are currently located along the front elevation of the building and are operated by the existing retail market. No changes to the exterior of the building are proposed as part of this project. Full-sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 CUP No. 2016-12 — 7 -Eleven Market After -Hours at 2626 North Bristol Street, Unit B October 18, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. assan Haghalni, AlIMP Executive Director Planning & Building Agency RS: rb RS:Repods\CUP 2016-122626 N Bristol St—CUP 16-12. cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR ISL WI` G CtJNVVMIISSON MIME"TING DATE SEPTEMBER 26, 2016 PUBLIC HEARING - FILED BY RALPH DEPPISCH FOR CONDITIONAL USE PERMIT NO. 2016-12 TO ALLOW THE AFTER-HOURS OPERATION OF 7 -ELEVEN MARKET AT 2626 NORTH BRISTOL STREET, UNIT B (STRATEGIC PLAN NO. 3,2) Prepared by Ricardo Soto PLANNING' COMMISSION SECRETARY APPROVED EJ As Recommended ] As Amended ❑ set Public; Hearing For DENIED Applicant's Request EI Staff Recommendation CON Executive 1 irectorPlanning Manages' RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2016-12 as conditioned to allow after- hours operation. Request of Applicant Ralph Deppisch, representing 7 -Eleven, is requesting approval of a conditional use permit to allow the 24-hour operation of a retail market at a new 7 -Eleven market proposed at 2626 North Bristol Street, Unit B. Retail markets having less than 20,000 square feet of floor area which are open any time between the hours of 12:00 midnight and 5:00 a.m. require the issuance of a conditional use permit (CUP) per Santa Ana Municipal Code (SAMC) Section 41-365.5 (h). Project Location and Site Description 7 -Eleven is proposing to occupy a commercial tenant space within an existing retail shopping center located on the southwest corner of Bristol Street and Memory Lane. The project site is approximately 21,698 square feet in size and contains a 4,400 -square -foot commercial building, landscaping, a trash enclosure, and a 17 -space surface parking lot. Although parking on the site does not meet the off-street parking requirements contained within the SAMC, the subject application does not require construction of additional parking spaces or a discretionary action application to allow a reduction in required parking because uses on the site are not being intensified, nor is the subject building being expanded in size. As such, the provisions of the SAMC's non -conforming ordinance apply, which allows the current parking provided at the site to remain. The General Plan land use designation for the site is General Commercial (GC), which allows for neighborhood serving facilities and services such as retail shopping centers. The site is located within the Community Commercial (Cl) zoning district. The Community Commercial zoning district allows for retail uses such as the proposed 7 -Eleven market. Land uses surrounding the site include single-family residential to the west and south, commercial uses to the east, and a vacant parcel and multiple -family residential to the north (Exhibits 1, 2 and 3). EXHIBITA 1 Conditional Use Permit No. 2016-12 September 26, 2016 Page 2 Proiect Description 7 -Eleven is requesting approval of a conditional use permit to operate a retail market located at 2626 North Bristol Street, Unit B on a 24-hour basis. The 2,260 -square -foot tenant space is currently occupied by a retail market, which 7 -Eleven is proposing to acquire, rebrand, and operate on a 24- hour basis. This request for a conditional use permit for after-hours operations will allow the retail market the ability to sell alcoholic beverages until 2:00 a.m. 7 -Eleven is also proposing site improvements that include new landscaping, parking lot lighting, repairs and enhancements to the trash enclosure, and to increase the height of the CMU block walls between the site and neighboring residential properties. The applicant will also remove the vending machines that are currently located along the front elevation of the building and are operated by the existing retail market. No changes to the exterior of the building are being proposed as part of this project (Exhibits 4 and 5). Proiect Background 7 -Eleven is a retail operator based in Dallas that has been in operation for nearly 90 years. 7 - Eleven operates, franchises, and licenses retail stores in 18 countries, with approximately 8,600 stores located in the United States and Canada. 7 -Eleven is proposing to acquire an existing retail market with a Type 20 ABC license, which has no history of disciplinary action, and to operate on a 24-hour basis. Conditional Use Permit No. 1996-05 was approved in 1996 which allowed the sale of beer and wine from the retail market. An application and appeal to upgrade the license type were submitted in 2008. Subsequently, the request for an upgrade in license type and appeal were denied due to the census tract being over -concentrated. Proiect Analysis Conditional use permit requests are governed by Section 41-638 of the SAMC. Conditional use permit request may be granted when it can be shown that the proposed project will not adversely impact the community. 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. Staff has reviewed the applicant's request to operate a retail market on a 24-hour basis. In analyzing the request, staff believes that the following findings of fact warrant approval of the respective conditional use permit. The SAMC provides for the regulation of retail markets having less than 20,000 square feet of floor area which operate between the hours of 12:00 midnight and 5:00 a.m. subject to a conditional use permit in the Community Commercial (Cl) zoning district. The purpose of regulating after-hours operations of small retail markets is to preserve the neighborhood characteristics, minimize impacts to surrounding areas, and to ensure the site does not become an attractive nuisance. 31A-4 Conditional Use Permit No. 2016-12 September 26, 2016 Page 3 The proposed 24-hour operation will provide an additional service and convenience to the community by allowing patrons the ability to purchase a variety of store items at hours that are convenient to a broad range of customers. The proposed 24-hour operation will not be detrimental to the health, safety, and welfare of the community. The proposed use is in a reporting grid that is below-average in reported police related incidents. Further, the after-hours use will not be detrimental to the persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. The approval of the 24-hour operation for a retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the uses within the shopping center. The proposed after-hours use will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to 24-hour operations and to ensure the use does not impact neighboring properties or create an attractive nuisance. Lastly, the proposed after-hours operation will not adversely affect the General Plan. Retail establishments and 24-hour operations are permitted within the General Commercial (GC) General Plan land use designation. The project will also be consistent with several goals and polices of the General Plan, including Goals 2 and 5 of the Land Use Element, which promote land uses that enhance the City's economic and fiscal viability and mitigate any potential impacts. Police Department Analysis The Police Department reviews conditional use permit applications for the after-hours operations of retail markets in order to ensure that potential crime and nuisance behaviors associated with such uses are mitigated to the greatest extent possible. For after-hours operations, the Police Department analyzes the crime rate in the area by matching the location of the business' census tract to the corresponding Police Grid. The City of Santa Ana is broken up into 102 police reporting grids. The Police Department generates an annual report, the Citywide Incident Rankings report, which ranks these reporting grids based on police activity. Those grids in the top 20 percent of activity are considered high crime and are further scrutinized for issues of over concentration. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 2626 North Bristol Street, Unit B, is located in Reporting District No. 122. Reporting District No. 122 ranks 92nd out of 102 reporting districts in the number of police related calls for service. This reporting district is below the average for criminal activity threshold established by the 31A-5 Conditional Use Permit No. 2016-12 September 26, 2016 Page 4 State for high crime. The Police Department contends that the conditions of approval and operational standards applicable to after-hours operations will mitigate any potential negative impacts to the surrounding community. Further, the use will operate indoors, minimizing potential noise impacts associated with an after-hours use. Public Notification The project site is located within the Casa de Santiago Neighborhood Association and in close proximity to the Bristol Memory Coalition Neighborhood Association, Morrison/Eldridge Park Neighborhood Association, and Fisher Park Neighborhood Association. Staff notified the representatives of the neighborhood associations, who identified no concerns with the proposed project. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, written and electronic communications stating concerns with the subject project had been received from respective members of the public. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the 24-hour operation of an existing retail market from an existing structure. No expansion of square footage or modification to the exterior of the building is proposed as part of this project. Therefore, it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 - Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016-12 as conditioned. Ricardo Soto Associate Planner RS:jm RS:Reports\CUP 2016-12\2626 North Bristol St — CUP 2016-12.092616.pc 31A-6 Conditional Use Permit No. 2016-12 September 26, 2016 Page 5 Attachments: Exhibit I — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31A-7 City ( Orange R D 2P P VP Z D �� 0 J O OJ 22 GARDEN GROVE - FREEWAY Al - 0 o ai Riv. 'h Rl O Rl S O D ...... R1 - fti Al - C2 -HD II W / O F 4z R1 R1 R1 N1 SD -]7 mn-coaa '`� R4 £ _ RI soa( Rl Rl n R1 ,.. O i nR,Ii rr°' nt R7 R1 R1 Rl R1 Rl RR R LN. RI a, PROJECi S(TE RI L_1-�1 Ri •^ F1 Al GMERALAGRWML Lt CR OJMME ALF SDWflAL RI SNGLEFAMILYRESOWAL -B F MNGMOOIPCAr10N GC G0VF MENTCeM FII 'M9FAMILVfL9DBJCE D3 O MEMALMUN MAIN Mt UCfil'INDUE AL Po MULIIREDMJ MUUWE Ci CCMMUNIWCOMME AL M2 HEAWINDUSIRAL FAMILY�OERCE Gl-MD C(] NM. COMMMAUMU�MDI5IRCi MO MIUTARIOP TONS R4 SJBUR2ANAMRIMENTS C2 GMALCOMME7AL 0 OP SAGE RE R D&47AL6AM m �LWSNE� P PTFE OWL SJ SIMRCDEVO.OPNBJT CSA CINi LEUSNESSARRSTWAGE PTJ RANNBUCOMMUNI"NDEVO.OPMI S' S RCP N G RANNEDSOMNG� ER H8 PANNEDBDENTALDEVEA EJI' a ARIEEALCOMMERIAL CUP 2016-12 7 -ELEVEN AFTER-HOURS 2626 NORTH BRISTOL STREET, UNIT B - -=500 FEET 1"= 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VI¢IlITAMQP __l/ MULTI - FAMILY RESIDE C E S I N G L E- A I L Y R E S D N E F— w w ~ MULTI -FAMILY RESIDENCE MULTI -FAMILY R E S I D E C E COMMERCIAL VACANT to N N MEMORY LANE SINGLE FAM LY ESI ENC ,S�//�/li - comm.i�% ¢ Wz k,TjrO W u LL w Q z J_ W LL W V) _ Q FJ � LL W 1J W J N ESI D N l7 w — Z cc z � � CUP 2016-12 7 -ELEVEN AFTER-HOURS 2626 NORTH BRISTOL STREET, UNIT B SV SV P L 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 EXHIBIT2 31A-9 CUP 2016-12 2626 NORTH BRISTOL STREET, UNIT B SITE PHOTO EXHIBIT 3 31A-10 Pn r I n _.: ..... .... .. .... f� l of Ci I 1 MIg., �wN IS PISPO 'N EXHIBIT 4 31A-1 1 r _.: ..... .... .. .... f� N 1 n 1ppl Atltl 'f m+l � rr x` I �I la j q I EXHIBIT 4 31A-1 1 n d�� a i$ _.: ..... .... .. .... ..... d I 1 n 1ppl Atltl 'f m+l � j q I _.: ..... .... .. .... ..... d 'f m+l � 12 a 92 EXHIBIT 5 31A-12 LS 9.12.16 RESOLUTION NO. 2016-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-12 AS CONDITIONED TO ALLOW 24-HOUR OPERATION OF A RETAIL MARKET AT THE PROPERTY LOCATED AT 2626 NORTH BRISTOL STREET, UNIT B BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2016-12 to allow 24-hour operation at the property located at 2626 North Bristol Street, Unit B. B. Santa Ana Municipal Code Section 41-365.5(h) requires approval of a conditional use permit for retail markets having less than 20,000 square feet of floor area that are open at any time between the hours of 12:00 midnight and 5:00 a.m. in the C1 zoning district. Applicant is proposing a 24-hour retail convenience store operation. C. On September 26, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-12. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2016-12 to allow for after-hours operation: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. The proposed 24-hour operation of the retail market will provide a service or facility which will contribute to the general well-being of the neighborhood or community. Approving an after-hours conditional use permit at the site will provide an additional convenience to the community by allowing patrons the ability to purchase a variety of store items at hours that are convenient for a broad range of customers. The proposed use will not negatively affect the surrounding community as Resolution No. 2016-xx 31A-13 Page 1 of 7 conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By offering extended hours of operation, the applicant can better serve the community by providing added convenience and a one-stop shopping experience. 2. 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. The proposed 24-hour operation will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Police Department has determined that the proposed retail market is located in an area that is below-average in police -related incidents and is located within Reporting District No. 122, which ranks 92nd out of 102 citywide districts in total number of police -related incidents. The addition of after-hours operations at the site 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. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application would support Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions not based on purely fiscal consideration and stresses the importance of the qualitative implications that are associated with new uses. The approval of 24-hour operation for the retail market at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with all applicable standards in Chapter 41 of the Santa Ana Municipal Code regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the Resolution No. 2016-xx 31A-14 Page 2 of 7 project remains in compliance with all applicable codes and regulations related to 24-hour operation to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. 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. The proposed project will not adversely affect the General Plan. Retail establishments and 24-hour operations 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 impact crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this application is also consistent with Polices 5.1 and 5.5 of the Land Use Element of the General Plan, which encourage projects that are compatible with surrounding land uses. The project's proximity to residential properties to the west and south will be mitigated by an eight -foot -high block wall. E. In accordance with the California Environmental Quality Act, the recommended action is exempt for further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. General Rule Exemption Environmental Review No. 2015-83 will be filed for this project. The project proposes to allow the 24-hour operation of a retail market in an existing structure. No expansion of square footage or modification to the exterior of the building is proposed. Therefore, it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016-12 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2626 North Bristol Street, Unit B. This decision is based upon the evidence submitted at the Resolution No. 2016-xx 31A-15 Page 3 of 7 abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 26, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26" day of September, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 26, 2016. Date: Acting Recording Secretary City of Santa Ana Resolution No. 2016-xx 31A-16 Page 4 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2016-12 Conditional Use Permit No. 2016-12 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 belowrip or to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2015-40). 2. The applicant shall remove any unpermitted outdoor vending machines. 3. Any signs will be subject to separate sign permit review and approval. B. Police Department 1. The applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with late night operations. The security plan is to be approved by the Police Department. 2, The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. Resolution No. 2016-xx 31A-17 Page 5 of 7 6. A timed -access cash controller or money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises. 10. The applicant shall be responsible for maintaining the premises free of litter. 11. The Conditional Use Permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification as follows: a. A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. b. A minimum of one color camera that views the full length side of a customer at the cash register area. c. A color camera recorder capable of recording events on all cameras simultaneously. d. A tape or disc storage library of recorded cameras kept for a minimum of 60 days. e. If video tape is used, tapes cannot be taped over more than six times. f. An audio recording component that will record sounds occurring at the customer counter. g. Cameras are to cover the parking lots. Resolution No. 2016-xx 31A-18 Page 6 of 7 h. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three inch long, in different colors, and in contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. Resolution No. 2016-xx 31A-19 Page 7 of 7 31A-20