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

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CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023 Page 3 In 1971, the Planning Commission approved CUP No. 1971-32 allowing the sale of beer and wine for on-premises consumption through a Type 41 ABC license at the subject site for Pelley’s Chow Bell restaurant. Since then, the ABC license has been transferred to various businesses and was transferred to Mariscos Hector Sports Grill in 2013. The applicant is seeking to upgrade its existing ABC license from a Type 41 to a Type 47 ABC license. This would allow the sale of distilled spirits in addition to the existing license that allows on-sale of beer and wine for on-premises consumption which will be an ancillary component to its dining services. Mariscos Hector operates at two additional locations in Santa Ana: one at 1801 South Main Street, which has an active Type 47 ABC license that was approved by CUP No. 2019-10; and another at 409 North Broadway, which has an active Type 47 ABC license that was approved by CUP 2016-08. Additionally, other locations are in the cities of Anaheim, Orange, and Costa Mesa. Project Analysis CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures and to minimize impacts to surrounding areas. Staff has reviewed the applicant’s request for the sale of distilled spirits in addition to beer and wine for on- premises and has determined that the addition of distilled spirits at the subject site will not be detrimental to the health, safety, and welfare of the community. The sale of distilled spirits for on-premises consumption in addition to beer and wine will provide a full-service dining experience with an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages with their meal will allow Mariscos Hector Sports Grill to be economically viable and compete with nearby full-service eating establishments that offer similar services to their patrons. The sale of distilled spirits in addition to the existing sale of beer and wine will not negatively affect the surrounding uses. As previously described, Maricos Hector is located at the north end of the commercial building closest to McFadden Avenue and its main entry faces Standard Avenue, away from residential uses. Additionally, there is currently a block wall and landscape buffer located in the rear of the restaurant acting as a buffer between the restaurant and the multi-family residential buildings located to the east of Maricos Hector. The block wall and landscape buffer remain in sound condition. The restaurant is currently in compliance with the parking variance (Variance No. 70-21) that was approved in 1970 to allow a parking reduction for this site. In addition, the parking