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Item 54 - Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License
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Item 54 - Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
54
Date
6/6/2023
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<br /> <br />Resolution No. 2023-XXX <br />Page 8 of 10 <br />issues arise during such review, CUP No. 2023-09 shall be scheduled for public <br />hearing at the applicant’s full expense for condition modification(s). <br /> <br />6. Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be grounds <br />for permit revocation and/or suspension as described in Section 41-651 of the SAMC. <br /> <br />7. Prior to the release of the resolution, the applicant is responsible for meeting the <br />window sign requirements contained in Section 41-872 (c) of the SAMC and obtaining <br />the proper Planning approval and Building permits for any wall signs installed. <br /> <br />8. The business owner shall maintain and adhere to a “Good Neighbor Policy,” <br />implementing measures to ensure patrons comply with applicable noise, parking, and <br />outdoor smoking regulations, and removing litter and preventing loitering in the areas <br />in the immediate vicinity of the business. <br /> <br />9. The applicant shall be responsible for monitoring both patron and employee conduct <br />on the premises and within the parking areas under his/her control to assure such <br />conduct does not adversely affect or detract from the quality of life for adjoining <br />residents, property owners, and businesses. <br /> <br />10. At least one on-duty manager with authority over the activities within the facility shall <br />be on the premises during business hours. The on-duty manager’s contact <br />information shall be posted in a conspicuous location at the restaurant’s front entry. <br />The on-duty manager’s responsibilities shall include the monitoring of the premises <br />to ensure compliance with all applicable State laws, Municipal Code requirements <br />and the conditions imposed by ABC and the conditional use herein. Every effort shall <br />be undertaken in managing the subject premises and the facility to discourage illegal <br />and criminal activities and any exterior area over which the building owner exercises <br />control. <br /> <br />11. The applicant shall maintain the site as necessary, including but not limited to: the <br />repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of <br />any damaged and/or weathered components of the building; repair and upkeep of <br />exterior paint; parking striping, lighting and irrigation fixtures; landscaping and related <br />landscape, furnishing, and hardscape improvements. <br /> <br />12. Prior to the release of this resolution, a Property Maintenance Agreement shall be <br />recorded against the property. The agreement will be subject to review and <br />applicability by the Planning and Building Agency, the Community Development <br />Agency, the Public Works Agency, and the City Attorney to ensure that the property <br />and all improvements located thereupon are properly maintained. Applicant (and the <br />owner of the property upon which the authorized use and/or authorized <br />improvements are located if different from the Applicant) shall execute a <br />maintenance agreement with the City of Santa Ana which shall be recorded against <br />the property and which shall be in a form reasonably satisfactory to the City Attorney. <br />The maintenance agreement shall contain covenants, conditions and restrictions <br />relating to the following:
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