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RESOLUTION NO.2023-XXX <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA DENYING CONDITIONAL USE PERMIT NO. <br />2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED <br />SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES <br />FOR ON -PREMISES CONSUMPTION AT MARISCOS <br />HECTOR SPORTS GRILL LOCATED AT 1208 EAST <br />MCFADDEN AVENUE <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. Maria Sebold with Mariscos Hector Sports Grill ("Applicant") and representing <br />McFadden Shopping Center, LLC. ("Property Owner"), is requesting approval <br />of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled <br />spirits in addition to beer and wine for on -premises consumption at an existing <br />restaurant located at 1208 East McFadden Avenue. <br />B. Section 41-196 of the Santa Ana Municipal Code ("SAMC") requires approval <br />of a CUP for establishments wishing to sell alcoholic beverages for on - <br />premises consumption. <br />C. On November 8, 1971, the Planning Commission approved CUP No. 1971-34 <br />allowing the sale of beer and wine for on -premises consumption, through a <br />Type 41 license from the State Department of Alcoholic Beverage Control <br />("ABC"), at the subject site. <br />D. On February 24, 2023, the applicant submitted a CUP application to the <br />Planning Division to upgrade its existing ABC license from a Type 41 to a Type <br />47 license to allow the sale of distilled spirits in addition to beer and wine for <br />on -premises consumption at the existing restaurant. <br />E. On April 24, 2023, the Planning Commission held a duly noticed public hearing <br />for Conditional Use Permit No. 2023-09. At the conclusion of this hearing, the <br />Commission approved Conditional Use Permit No. 2023-09 subject to modified <br />conditions of approval. <br />F. On April 25, 2023, the Planning Division provided a summary of the Planning <br />Commission's action to the City Council, after which a member of the City <br />Council requested that the item be discussed during the May 2, 2023, City <br />Council meeting. <br />Resolution No. 2023-XXX <br />Page 1 of 5 <br />