2023-046 - Denying Conditional Use Permit No. 2023-09 at Mariscos Hector Sport Grill located at 1208 East McFadden Avenue

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G. On May 2, 2023, the City Council discussed Conditional Use Permit No. 2023- 09 and voted 7:0 to have the item presented to the City Council for a de novo public hearing, pursuant to Section 41-642 of the SAMC. H. On June 6, 2023, the City Council held a duly noticed public hearing for Conditional Use Permit No. 2023-09. During this meeting, members of the City Council listened to the neighborhood concerns and discussed crime statistics. The City Council determines that the following finding, which must be established in order to grant a CUP pursuant to Section 41-638 of the SAMC, cannot be established for CUP No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on -premises consumption at an existing eating establishment located at 1208 East McFadden Avenue. Specifically, Conditional Use Permit Finding 1 of Section 41-638, as it relates to the proposed use providing service which would contribute to the general wellbeing of the neighborhood or the community, is not met. Therefore, the finding for denial of CUP 2023-09 is adopted as follows: 1. That the proposed use will be detrimental to and will not provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. Under CUP No. 1971-34, patrons who visit the restaurant currently have the opportunity to purchase beer and wine with their meals. The request to intensify the use and allow the sale of distilled spirits for on -premises consumption is not a service that is needed at this time. Moreover, the intensification of the use will not provide a service that contributes to the general wellbeing of the neighborhood or community. Instead, the use would be detrimental due to over concentration of alcohol licenses and neighborhood nuisance concerns. Pursuant to data provided by the Department of Alcoholic Beverage Control (ABC), there is currently an over concentration of ABC licenses for on -premises consumption within the census tract (744.03) for the subject property. Census tract authorization records indicate that there are only seven licenses authorized within the subject census tract. However, there are currently nine existing licenses established. Moreover, the intensification of the use will be detrimental, as it would exacerbate existing neighborhood and community concerns related to noise and other nuisance related complaints. Police Department data from January 2020 through December 2022 indicates that there have been 38 calls to service for the subject property related, but not limited to, burglary, trespassing, narcotic activities, noise disturbance, assault, battery, gang activity, and stolen vehicles. Resolution No. 2023-046 Page 2 of 5