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

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Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023 Page 2 3 4 4 6 City Council to consider a call for review of the Planning Commission’s approval of CUP No. 2023-09 pursuant to Santa Ana Municipal Code (SAMC) Section 41-642. The call for review of CUP No. 2023-09 was considered and voted on by the City Council at the regular meeting of May 2, 2023. The City Council voted unanimously to schedule a de novo review of the Planning Commission’s approval of CUP No. 2023-09 for June 6, 2023. De Novo Review The de novo review process provides an opportunity for the City Council to independently evaluate the Planning Commission’s decision pertaining to the CUP and reexamine the CUP application and associated documents. In addition to the record of decision established by the Planning Commission, the City Council’s review can include new evidence and testimony from any interested parties and the public. As indicated above, the City Council may choose to uphold or modify the Planning Commission’s approval, make the appropriate findings to deny the CUP, or refer the matter back to the Planning Commission for reconsideration. For the City Council’s reference, the Planning Commission Staff Report and the Resolution approving CUP No. 2023-09 have been attached as Exhibit 2. The following information and analysis were provided in a report to the Planning Commission and are being provided in this report to facilitate City Council’s review. Planning Commission Background and Action On April 24, 2023, the Planning Commission held a public hearing on the subject application. During the hearing, the hours of operation were discussed among commissioners, staff, and the applicant. The applicant requested that alcohol be permitted to be sold between 8:00 a.m. to 12:00 a.m. daily. However, due to reasons evaluated by staff and documented in the Planning Commission staff report, staff recommended that the hours of operations for alcohol sales be limited from 8:00 a.m. to 10:00 p.m. on Sunday through Thursday, and from 8:00 a.m. to 12:00 a.m. (midnight) on Friday and Saturday only. Following discussion and input from the applicant, the Planning Commission approved the request and modified a condition of approval to allow the sale of alcoholic beverages for on-premises consumption from 8:00 a.m. to 12:00 a.m. (midnight) daily after a six-month review, given that there were no Code Enforcement complaints, no Police Department complaints, and/or no neighborhood complaints. Project Description The applicant is requesting approval of CUP No. 2023-09 to allow the sale of distilled spirits, in addition to its existing beer and wine sales, for on-premises consumption through a Type 47 license from the Department of Alcoholic Beverage Control (ABC) at Mariscos Hector Sports Grill. The eating establishment currently occupies a 3,350- square-foot unit within a commercial building located on the southeastern corner of