Item 33 - Denial Regarding Conditional Use Permit No. 2023-09 for 1208 East McFadden Avenue

Home Browse Search

Planning and Building Agency www.santa-ana.org/planning-and-building Item # 33 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 18, 2023 TOPIC: Resolution of Denial Regarding Conditional Use Permit No. 2023-09 AGENDA TITLE Resolution of Denial Regarding Conditional Use Permit No. 2023-09 (Mariscos Hector ABC License) for the Property Located at 1208 East McFadden Avenue RECOMMENDED ACTION Adopt a resolution documenting City Council denial of Conditional Use Permit No. 2023- 09 (Mariscos Hector ABC) for the property located at 1208 East McFadden Avenue. DISCUSSION Following Planning Commission approval of the subject request on April 24, 2023, on June 6, 2023, the City Council conducted a de novo review of Conditional Use Permit (CUP) No. 2023-09 for Mariscos Hector's proposed upgrade of its existing Type 41 Alcoholic Beverage Control (ABC) license to a Type 47 ABC license for the property located at 1208 East McFadden Avenue, pursuant to Section 41-642 of the Santa Ana Municipal Code. During the meeting, the City Council discussed the crime statistics provided by the Police Department, received public testimony, and determined that the proposed ABC license upgrade would exacerbate the neighborhood and community concerns related to noise and that the intensification of the use in a census tract that already has an over concentration of alcohol service licenses will be detrimental to, and will not contribute to the general wellbeing of the neighborhood and community. Therefore, the City Council denied the CUP request as presented by staff, by a vote of 7-0. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBITS 1. Resolution denying CUP No. 2023-09 Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Kristine Ridge, City Manager