75A - MARISCOS HECTOR PERMIT NO. 2019-10

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Conditional Use Permit No. 2019-10 and No. 2019-11 1801 South Main Street, Units D and E January 21, 2020 Page 3 complaints included possible after-hours activities being conducted without approval, drug sales occurring on the premises, and an unpermitted expansion. Staff has investigated these items and was not able to find supporting evidence substantiating the allegations. Staff requested Police Department assistance to determine if after-hours operations were occurring on the premises. A Police Department site visit in mid -September at 12:30 a.m. verified that the restaurant was closed per City regulations. Further, an updated records search of Police activity identified two calls for service at this location since the April Planning Commission meeting. One call for service was for disturbing the peace (music related), with the other call a report of a stolen vehicle. Finally, Code Enforcement records have been reviewed to identify any recent activity. There have not been any recent complaints at Mariscos Hector. On October 14, 2019, a second public hearing was held by the Planning Commission regarding this application. During the public hearing, the Commission received extensive testimony from both the applicant and neighborhood on the proposed ABC license upgrade and restaurant expansion. At the conclusion of the hearing, the Planning Commission, by a vote of 3:1, concurred with the staff recommendation and approved the CUP. The Commission determined that the applicant had been working to address neighborhood concerns since the April hearing. However, to incorporate additional measures intended to address community concerns, the Commission added two additional conditions of approval that requires the applicant to replace the existing storefront with a new storefront that is soundproof and to require a six-month review of the premises to be conducted by staff in order to ensure compliance with the approved conditions of approval. Finally, the Commission voted to continue the after-hours request until April 27, 2020. This would allow staff the ability to monitor the site to ensure compliance with the conditions of approval and to ensure no adverse impacts were generated from the restaurant. However, due to a delay in the approval of the conditional use permit(s), this date will be modified to be six months from the ultimate date of approval of the CUP(s). PROJECT DESCRIPTION Mariscos Hector #1 currently occupies an 1,850 square foot tenant space within a 6,650 square foot retail center on South Main Street. The applicant has acquired the rights to a full alcoholic beverage license from ABC and is now requesting approval of a conditional use permit to allow the sale of beer, wine, and distilled spirits for on premise consumption. In conjunction with this request, the applicant is proposing to expand into an adjacent 600 square foot tenant space (Unit D) and sell alcoholic beverages within this new floor area (Exhibit 4 & 5). A conditional use permit is required since the ABC license is being upgraded to allow for the sale of distilled spirits and alcohol will be sold in an expanded area, while Land Use Certificate No. 1988-15 only allowed the sale of beer and wine for on premise consumption within the original restaurant floor area. If approved, the conditional use permit will incorporate and supersede LUC No. 1988-15. In conjunction with the ABC upgrade and expansion request, the applicant was requesting approval of Conditional Use Permit No. 2019-11 to allow the restaurant to operate until 1 a.m. on weekends and holidays. Based on feedback from the neighborhood, the Planning Commission and staff, the applicant has elected to continue the after-hours request until April 2020 at the earliest. 75A-3