Item 54 - Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License

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Planning and Building Agency www.santa-ana.org/planning-and-building Item # 54 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 6, 2023 TOPIC: City Council De Novo Review of Planning Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License AGENDA TITLE Public Hearing: City Council De Novo Review of Planning Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License RECOMMENDED ACTION It is recommended that the City Council take the following actions: 1. Conduct a De Novo review of the Planning Commission’s approval of Conditional Use Permit No. 2023-09 for consistency with the General Plan and compliance with the Zoning Ordinance, and consider any concerns raised by the City Council, the public, and interested parties regarding the project; and 2. Based on the De Novo review, the City Council may choose to uphold or modify the Planning Commission’s approval, make the appropriate findings to deny the Conditional Use Permit and direct staff to prepare a resolution for adoption, or refer the Conditional Use Permit back the Planning Commission for reconsideration and analysis of the issues raised by the City Council. BACKGROUND AND DISCUSSION Maria Sebold with Mariscos Hector Sports Grill (Applicant) and representing McFadden Shopping Center, LLC. (Property Owner), submitted an application to the City requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits, in addition to existing beer and wine sales, for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue (Mariscos Hector Sports Grill). The application was requested pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), for establishments wishing to sell alcoholic beverages for on-premises consumption require approval of a CUP. On April 24, 2023, at a duly-noticed public hearing, the Planning Commission approved the requested CUP to allow the sale of distilled spirits, in addition to the existing beer and wine, for on-premises consumption subject to conditions. On April 25, 2023, the Planning Division provided a summary of the Planning Commission’s action to the City Council. After receiving the summary, a member of the City Council requested for the