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

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Resolution No. 2023-XXX Page 2 of 10 G. On April 25, 2023, the Planning Division provided a summary of the Planning Commission’s action to the City Council, after which a member of the City Council requested that the item be discussed during the May 2, 2023 City Council meeting. H. 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. I. On June 6, 2023, the City Council held a duly noticed public hearing for a de novo review of Conditional Use Permit No. 2023-09. J. The City Council determines that the following findings, which must be established in order to grant a CUP pursuant to Section 41-638 of the SAMC, have been 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. 1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The sale of distilled spirits, in addition to beer and wine sales, for on-premises consumption at this location will provide an ancillary service to the eating establishment’s customers by allowing them the ability to purchase alcoholic beverages with their meal. This will thereby benefit the community by providing an eating establishment with an additional and complementary food related amenity. Operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The sale of distilled spirits, in addition to beer and wine, for on- premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. Existing conditions illustrate that the restaurant is located at the north end of the existing commercial building, closest to McFadden Avenue and the main