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Item 54 - Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License
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Item 54 - Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License
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Clerk of the Council
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54
Date
6/6/2023
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<br /> <br />Resolution No. 2023-XXX <br />Page 1 of 10 <br />RESOLUTION NO. 2023-XXX <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA TO CONDUCT A DE NOVO REVIEW OF THE <br />PLANNING COMMISSION’S APPROVAL OF CONDITIONAL <br />USE PERMIT NO. 2023-09 AS CONDITIONED TO ALLOW <br />SALE OF DISTILLED SPIRITS IN ADDITION TO EXISTING <br />BEER AND WINE SALES FOR ON-PREMISES <br />CONSUMPTION AT MARISCOS HECTOR SPORTS GRILL <br />LOCATED AT 1208 EAST MCFADDEN AVENUE <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br /> <br /> Section 1. The City Council of the City of Santa Ana hereby finds, determines, <br />and declares as follows: <br /> <br />A. Maria Sebold with Mariscos Hector Sports Grill (“Applicant”) and representing <br />McFadden Shopping Center, LLC. (“Property Owner”), is requesting approval <br />of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled <br />spirits in addition to beer and wine for on-premises consumption at an existing <br />restaurant located at 1208 East McFadden Avenue. <br /> <br />B. Section 41-196 of the Santa Ana Municipal Code (“SAMC”) requires approval <br />of a CUP for establishments wishing to sell alcoholic beverages for on- <br />premises consumption. <br /> <br />C. 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 <br />Type 41 license from the State Department of Alcoholic Beverage Control <br />(“ABC”), at the subject site. <br /> <br />D. On February 24, 2023, the applicant submitted a CUP application to the <br />Planning Division to upgrade its existing ABC license from a Type 41 to a Type <br />47 license to allow the sale of distilled spirits in addition to beer and wine for <br />on-premises consumption at the existing restaurant. <br /> <br />E. On April 24, 2023, the Planning Commission held a duly noticed public hearing <br />for Conditional Use Permit No. 2023-09. At the conclusion of this hearing, the <br />Commission approved Conditional Use Permit No. 2023-09 subject to modified <br />conditions of approval. <br /> <br />F. 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 <br />consumption by containing a full kitchen and a menu of hot and cold food items <br />for purchase.
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