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*:1:11-31111V <br />LS 11.19.19 <br />RESOLUTION NO. 2019-xx <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA DENYING CONDITIONAL USE PERMIT <br />(CUP) NO. 2019-10 AND CUP NO. 2019-11 TO NOT <br />ALLOW THE SALE OF DISTILLED SPIRITS FOR ON - <br />PREMISES CONSUMPTION AND TO DENY AFTER <br />HOURS OPERATIONS AT MARISCOS HECTOR #1 <br />RESTAURANT LOCATED AT 1801 SOUTH MAIN STREET, <br />UNITS D AND E <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. Mark Gaughan ("Applicant"), representing Mariscos Hector#1, is requesting <br />approval of Conditional Use Permit No. 2019-10 to allow the sale of distilled <br />spirits in addition to the currently allowed beer and wine sales for on <br />premises consumption. In addition, the Applicant is requesting to remain <br />open until 1 a.m. on weekends and holidays at the property located at 1801 <br />South Main Street, Unit E. Applicant is proposing to expand into an adjacent <br />tenant space, Unit D, and is requesting approval to sell alcoholic beverages <br />within the additional floor area and remain open after hours. <br />B. In 1988, Land Use Certificate No. 1988-15 was transferred from Senor <br />Polio to Mariscos Hector restaurant to allow for the sale of beer and wine <br />for on -premises consumption. <br />C. Santa Ana Municipal Code Section 41-196 requires approval of a <br />conditional use permit for establishments selling alcoholic beverages for <br />on- or off -premises consumption. <br />D. Santa Ana Municipal Code Section 41-522(e) requires approval of a <br />conditional use permit for eating establishments open anytime between <br />the hours of midnight and 5 a.m. which are located within 150 feet of <br />residential properties. <br />E. On October 14, 2019, the Planning Commission held a duly noticed public <br />hearing for Conditional Use Permit Nos. 2019-10 and 2019-11. At the <br />conclusion of this hearing, the Commission approved Conditional Use <br />Permit No. 2019-10 subject to modified conditions of approval and <br />continued the after-hours request until April 27, 2020. <br />Resolution No. 2019-xx <br />Page 1 of 4 <br />