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75C - PH - MARISCOS HECTOR
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75C - PH - MARISCOS HECTOR
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11/14/2019 7:50:29 PM
Creation date
11/14/2019 5:53:01 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75C
Date
11/19/2019
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F. On October 15, 2019, a request was made by a Councilmember to have <br />the item presented to Council for further consideration at a future meeting. <br />G. On November 5, 2019, the City Council discussed Conditional Use Permit <br />No. 2019-10 and 2019-11 and voted 4:1 to have the items presented to <br />the City Council for a de novo public hearing. <br />H. On November 19, 2019, the City Council held a duly noticed public <br />hearing for Conditional Use Permit Nos. 2019-10 and 2019-11. <br />In regard to the Conditional Use Permits, required findings 1, and 2 of <br />Section 41-638 of the Santa Ana Municipal Code, the City Council finds: <br />1. That the proposed use will not provide a service or facility which will <br />contribute to the general well being of the neighborhood or <br />community. <br />The sale of distilled spirits for on -premises consumption at <br />Mariscos Hector #1 at 1801 South Main Street, Units D and E <br />will not provide a service to the community that is necessary <br />at this time. Under Land Use Certificate No. 1988-15 patrons <br />who visit the restaurant will still have the opportunity to <br />purchase beer and wine with their meals. In addition, a total <br />of six (6) restaurants that sell beer, wine and distilled spirits <br />are located within a one and a half (1.5) mile radius of the <br />property to serve residents and the community. In addition, <br />due to numerous noise and other nuisance related <br />complaints, the after-hours operations of the restaurant would <br />not contribute to the well-being of the neighborhood. <br />2. That the proposed use will, under the circumstances of the particular <br />case, be detrimental to the health, safety, or general welfare of <br />persons residing or working in the vicinity. <br />The sale of distilled spirits for on -premises consumption at <br />this location will impact the safety and general welfare of <br />persons residing or working in the vicinity. The Police <br />Department reported 25 field activity incidents and five <br />reportable disturbances at the location within the last five <br />years. The subject site is immediately adjacent to residential <br />uses and neighborhoods; at the Planning Commission public <br />hearing several residents, representing neighborhood <br />associations, expressed concerns of safety and welfare. <br />Additionally, the proposed after-hours operations may result <br />in an increase in Police and Code Enforcement related calls <br />for service, which would be detrimental to the health, safety <br />and welfare of the surrounding neighborhood. <br />Resolution No. 2019-xx <br />Page 2 of 4 <br />
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