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

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The sale of distilled spirits, in addition to beer and wine, for on- premises consumption at the subject location will be in compliance with all applicable regulations and operational standards imposed on an eating establishment selling alcoholic beverages for on- premises consumption pursuant to Chapter 41 of the SAMC. The restaurant will be maintained as a bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the eating establishment will utilize less than five percent (5%) of the gross floor area for display and storage of alcoholic beverages, which is the maximum allowed threshold established by Section 41-196(g)(25) of the SAMC. In addition, operational standards and conditions of approval will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5.That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The sale of distilled spirits in addition of beer and wine for on- premises consumption at the subject location will not adversely affect the General Plan or any specific plan. The granting of CUP No. 2023-09 supports several goals and policies of the General Plan. Goal 2 of the Land Use Element (LU) encourages a balance of land uses that meet Santa Ana’s diverse needs. Policy 2.2 of the LU encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities and Policy 2.7 of the LU supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. Approval of CUP No. 2023-09 will contribute to providing a balance of diverse commercial land uses, which will then encourage local spending, strengthen local businesses and increase economic opportunities. Moreover, providing a variety of full-service restaurants that offer alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Policy 4.1 of the LU, encourages complete neighborhoods by introducing a mix of complementary uses, community services, and people places within a walkable area. Approval of CUP No. 2023-09 will allow residents of Cornerstone Village neighborhood to walk to a restaurant that offers full service dining option, thereby positively contributing to the economic viability of the area by promoting local spending and walkability. Lastly, the eating establishment is located within an existing commercial area and its operations will be compatible with the surrounding commercial businesses. Section 2.In accordance with the California Environmental Quality Act (“CEQA”)and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the Resolution No. 2023-07 Page 3 of 8