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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />NOVEMBER 5, 2019 <br />TITLE: <br />CALL FOR REVIEW AND APPEAL REQUEST <br />BY COUNCILMEMBER PENALOZA OF THE <br />PLANNING COMMISSION DETERMINATION <br />REGARDING CONDITIONAL USE PERMIT <br />NO. 2019-10 AND CONDITIONAL USE <br />PERMIT NO. 2019-11 <br />{STRATEGIC PLAN NO. 3,31 <br />Isl Kristine Ri <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 111 Reading <br />❑ Ordinance on 2ntl Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />The City Council after discussing the matter has the following options: <br />1. If the council is dissatisfied with the action of the Planning Commission or is of the opinion <br />that the matter is of such magnitude as to be of special interest to the people of the City, it <br />may, by majority vote, set a public hearing to consider modification of the Planning <br />Commission action regarding this matter. The meeting would be held at a regular or <br />adjourned meeting with public notification made by the Planning Department as was <br />required for the initial hearing; or <br />2. Take no further action, in which case the Planning Commission approval stands. <br />BACKGROUND <br />On October 14, 2019, the Planning Commission held a public hearing on Conditional Use Permit <br />(CUP) No. 2019-10 for the Mariscos Hector Restaurant located at 1801 South Main Street, Unit <br />E. Specifically, the Commission reviewed the applicant's request to upgrade their ABC license <br />from a Type 41 license (on -premise beer and wine) to a Type 47 (on -premise beer, wine and <br />distilled spirits) license, to expand the existing restaurant into an adjacent suite, and to remain <br />open after hour from 2:00 pm to 2:00 am. At the conclusion of the hearing, and after receiving <br />public comments and extensive Commission discussion, the Commission, by a 3:1 vote <br />(McLoughlin, Nguyen, Cano, yes; Rivera, no; Leo, absent), approved CUP No. 2019-10. In <br />response to the testimony received at the hearing, the Commission added two new conditions of <br />approval that requires the storefront (windows and doors) be replaced with soundproof materials, <br />and requires a six-month review of the premises to ensure compliance with the conditions of <br />approval. In addition, the Commission also continued the review of CUP No. 2019-11, the <br />request by the applicant for after hour operations, until the six-month review hearing. <br />60A-1 <br />