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<br />RESOLUTION NO. 2023-XXX <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY <br />OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. <br />2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED <br />SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES <br />FOR ON-PREMISES CONSUMPTION AT MARISCOS HECTOR <br />SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA <br />AS FOLLOWS: <br />Section 1.The Planning Commission of the City of Santa Ana hereby finds, <br />determines, and declares as follows: <br />A.Maria Sebold with Mariscos Hector Sports Grill (“Applicant”) and representing <br />McFadden Shopping Center, LLC. (“Property Owner”), is requesting approval of <br />Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits in <br />addition to beer and wine for on-premises consumption at an existing <br />restaurant located at 1208 East McFadden Avenue. <br />B. <br />C. <br />Section 41-196 of the Santa Ana Municipal Code (“SAMC”) requires approval of <br />a CUP for establishments wishing to sell alcoholic beverages for on-premises <br />consumption. <br />On November 8, 1971, the Planning Commission approved CUP No. 1971-34 <br />allowing the sale of beer and wine for on-premises consumption, through a Type <br />41 license from the State Department of Alcoholic Beverage Control (“ABC”), at <br />the subject site. <br />D. <br />E. <br />On February 24, 2023, the applicant submitted a CUP application to the Planning <br />Division to upgrade its existing ABC license from a Type 41 to a Type 47 license <br />to allow the sale of distilled spirits in addition to beer and wine for on-premises <br />consumption at the existing restaurant. <br />The restaurant meets all required standards specified by Section 41-196 of the <br />SAMC and ABC for the sale of alcoholic beverages for on-premises consumption <br />by containing a full kitchen and a menu of hot and cold food items for purchase. <br />F.On April 24, 2023, the Planning Commission held a duly-noticed public hearing on <br />CUP No. 2023-09. <br />G.The Planning Commission of the City of Santa Ana determines that the following <br />findings, which must be established in order to grant a CUP pursuant to Section <br />41-638 of the SAMC, have been established for CUP No. 2023-09 to allow the <br />sale of distilled spirits in addition to beer and wine for on-premises consumption <br />at an existing eating establishment located at 1208 East McFadden Avenue. <br />Resolution No. 2023-XXXX <br />Page 1 of 8