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

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EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2023-09 Conditional Use Permit (“CUP”) No. 2023-09 allowing the sale of distilled spirits in addition to beer and wine for on-premises is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (“SAMC”), the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this CUP. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the CUP. 1.Any amendment to this CUP must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 2.The sale of alcoholic beverages for on-premises consumption shall be permitted in accordance with the operational standards for on-premises establishments pursuant to Section 41-196(g) of the SAMC, in accordance with the provisions of an on-premises alcohol license by the California Department of Alcoholic Beverage Control (“ABC”), and in accordance with the site and floor plans attached to the staff report documenting the approved scope of the project. 3. 4. The sale of alcoholic beverages for on-premises consumption shall 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, unless modified through a modification of this CUP or a subsequent and separate CUP application for after-hours operations past 12:00 a.m. (midnight) pursuant to Section 41-196(g)(3) of the SAMC. The Planning Division shall review CUP No. 2023-09 within six (6) months and again no later than one year after full execution of this conditional use permit. Should any issues arise during such review, CUP No. 2023-09 shall be scheduled for public hearing at the applicant’s full expense for condition modification(s). 5. 6. Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be grounds for permit revocation and/or suspension as described in Section 41-651 of the SAMC. Prior to the release of the resolution, the applicant is responsible for meeting the window sign requirements contained in Section 41- 872 (c) of the SAMC and obtaining the proper Planning approval and Building permits for any wall signs installed. 7.The business owner shall maintain and adhere to a “Good Neighbor Policy,” implementing measures to ensure patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in Resolution No. 2023-XXXX Page 6 of 8