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Council discussion ensued regarding Zoning Ordinance Amendment (ZOA) No. <br />2023-01. <br />MOTION: Councilmember Penaloza moved to approve the recommended <br />action for Public Hearing Item No. 53, seconded by Councilmember Vazquez. <br />The motion carried, 6-0-0-1 by the following roll call vote: <br />AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER <br />PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER <br />VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA <br />NOES: NONE <br />ABSTAIN: NONE <br />ABSENT: COUNCILMEMBER HERNANDEZ <br />Status: 6-0-0-1 — Pass <br />54. Public Hearing: City Council De Novo Review of Planning Commission Decision <br />Regarding Conditional Use Permit No. 2023-09 — Mariscos Hector ABC License <br />Legal notice published in the Orange County Reporter on May 24, 2023 and notices <br />mailed on said date. <br />Department(s): Planning and Building Agency <br />Recommended Action: It is recommended that the City Council take the following <br />actions: <br />1. Conduct a De Novo review of the Planning Commission's approval of Conditional <br />Use Permit No. 2023-09 for consistency with the General Plan and compliance with <br />the Zoning Ordinance, and consider any concerns raised by the City Council, the <br />public, and interested parties regarding the project; and <br />2. Based on the De Novo review, the City Council may choose to uphold or modify the <br />Planning Commission's approval, make the appropriate findings to deny the <br />Conditional Use Permit and direct staff to prepare a resolution for adoption, or refer <br />the Conditional Use Permit back the Planning Commission for reconsideration and <br />analysis of the issues raised by the City <br />If approved, adopt RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY <br />COUNCIL OF THE CITY OF SANTAANATO CONDUCT DE NOVO REVIEW OF <br />THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT <br />NO. 2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED SPIRITS IN <br />ADDITION TO EXISTING BEER AND WINE SALES FOR ON -PREMISES <br />CONSUMPTION AT MARISCOS HECTOR SPORTS GRILL LOCATED AT 1208 <br />EAST MCFADDEN AVENUE (includes determination that the project is <br />categorically exempt from further review under the California Environmental Quality <br />Act (CEQA) per Section 15301 (Class 1 — Existing Facilities)). <br />CITY COUNCIL 31 June 06, 2023 <br />