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.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. The applicant shall notify the City in writing upon receipt of the Type 47 license issued by the State Department of Alcohol Beverage Control and the date the business will initiate the alcohol services licensed by the State. After a six-month operating period following the initial service date, the Planning Commission shall be presented with a staff evaluation of any Police Department, Code Enforcement, Planning, and community-provided concerns. If no concerns are identified by the staff evaluation report and by the Planning Commission, the sale of alcoholic beverages may extend to 12:00 a.m. daily. Modified by Planning Commission on February 24, 2023 4. 5. A modification of this CUP or a subsequent and separate CUP application shall be required 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). 6.Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be grounds Resolution No. 2023-07 Page 6 of 8