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60A - PC CALL FOR REVIEW
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11/05/2019
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60A - PC CALL FOR REVIEW
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Last modified
10/30/2019 12:56:35 PM
Creation date
10/30/2019 11:41:14 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
60A
Date
11/5/2019
Destruction Year
2024
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CUP Nos. 2019-10 and 2019-11 <br />October 14, 2019 <br />Page 6 <br />investigated these items and was not able to find supporting evidence substantiating the <br />allegations. Staff requested Police Department assistance to determine if after-hours operations <br />were occurring on the premises. A Police Department site visit in mid -September at 12:30 a.m. <br />verified that the restaurant was closed per City regulations. Further, an updated records search <br />of Police activity identified two calls for service at this location since the April Planning <br />Commission meeting. One call for service was for disturbing the peace (music related), with the <br />other call a report of a stolen vehicle. Finally, Code Enforcement records have been reviewed to <br />identify any recent activity. There have not been any recent complaints at Mariscos Hector. <br />Staff is sensitive to the concerns of the community and will continue to follow-up on nuisance <br />complaints generated from the premises. Staff is also aware that the applicant has made an <br />effort to address any issues that have arisen from the restaurant. The Police Department has <br />received minimal calls for service from this facility and does not consider this site to be a <br />nuisance location. To address any unforeseen circumstances, staff recommends that a <br />condition be added to require a six-month review of the site to verify compliance with operational <br />standards associated with an ABC license and with the conditions of approval. It is further <br />recommended that the Planning Commission continue the request to operate after-hours for six <br />months, which will provide staff the ability to analyze any impacts from the ABC license upgrade. <br />Table 4, CEQA. Strategic Plan Alignment, and Public Notification & Community Outreach <br />CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach <br />CEQA <br />CEQA Type <br />General Rule Section 15061 b 3 <br />Reason(s) <br />This exemption applies to projects where it can be seen with certainty that there is <br />Exempt or Analysis <br />no possibility that the activity in question may have a significant effect on the <br />environment. The project proposes to allow the operation of a Type 47 alcoholic <br />beverage control license to sell beer, wine, and distilled spirits at an existing <br />bona -fide restaurant and to allow the restaurant to expand into an adjacent 600 <br />square foot vacant space. The City has determined that the use will not create <br />any adverse impacts such as noise, traffic, or safety concerns. <br />Strategic Plan Alignment <br />Goal(s) and <br />Approval of this item supports the City's efforts to meet Goal No.3 (Economic <br />Policy(s) <br />Development) Objective No. 2 of creating new opportunities for business/job <br />growth and encourage private development through new General Plan and <br />Zoning Ordinance policies. <br />Public Notification & Community Outreach <br />Required Measures <br />A public notice was posted on the project site on October 3, 2019. <br />Notification by mail was mailed to all property owners and occupants within 500 <br />feet of the project site on October 3, 2019. <br />Newspaper posting was published in the OC Reporter on October 4, 2019. <br />Additional <br />The presidents of the Madison and Memorial Park Neighborhood Association <br />Measures <br />were contacted regarding this application. Concerns were raised regarding noise, <br />adverse impacts the compatibility of the restaurant with the adjacent community. <br />.1 m <br />
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