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HomeMy WebLinkAboutItem 54 - Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License Planning and Building Agency www.santa-ana.org/planning-and-building Item # 54 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 6, 2023 TOPIC: City Council De Novo Review of Planning Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License AGENDA TITLE Public Hearing: City Council De Novo Review of Planning Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License RECOMMENDED ACTION It is recommended that the City Council take the following actions: 1. Conduct a De Novo review of the Planning Commission’s approval of Conditional Use Permit No. 2023-09 for consistency with the General Plan and compliance with the Zoning Ordinance, and consider any concerns raised by the City Council, the public, and interested parties regarding the project; and 2. Based on the De Novo review, the City Council may choose to uphold or modify the Planning Commission’s approval, make the appropriate findings to deny the Conditional Use Permit and direct staff to prepare a resolution for adoption, or refer the Conditional Use Permit back the Planning Commission for reconsideration and analysis of the issues raised by the City Council. BACKGROUND AND DISCUSSION Maria Sebold with Mariscos Hector Sports Grill (Applicant) and representing McFadden Shopping Center, LLC. (Property Owner), submitted an application to the City requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits, in addition to existing beer and wine sales, for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue (Mariscos Hector Sports Grill). The application was requested pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), for establishments wishing to sell alcoholic beverages for on-premises consumption require approval of a CUP. On April 24, 2023, at a duly-noticed public hearing, the Planning Commission approved the requested CUP to allow the sale of distilled spirits, in addition to the existing beer and wine, for on-premises consumption subject to conditions. On April 25, 2023, the Planning Division provided a summary of the Planning Commission’s action to the City Council. After receiving the summary, a member of the City Council requested for the Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023 Page 2 3 4 4 6 City Council to consider a call for review of the Planning Commission’s approval of CUP No. 2023-09 pursuant to Santa Ana Municipal Code (SAMC) Section 41-642. The call for review of CUP No. 2023-09 was considered and voted on by the City Council at the regular meeting of May 2, 2023. The City Council voted unanimously to schedule a de novo review of the Planning Commission’s approval of CUP No. 2023-09 for June 6, 2023. De Novo Review The de novo review process provides an opportunity for the City Council to independently evaluate the Planning Commission’s decision pertaining to the CUP and reexamine the CUP application and associated documents. In addition to the record of decision established by the Planning Commission, the City Council’s review can include new evidence and testimony from any interested parties and the public. As indicated above, the City Council may choose to uphold or modify the Planning Commission’s approval, make the appropriate findings to deny the CUP, or refer the matter back to the Planning Commission for reconsideration. For the City Council’s reference, the Planning Commission Staff Report and the Resolution approving CUP No. 2023-09 have been attached as Exhibit 2. The following information and analysis were provided in a report to the Planning Commission and are being provided in this report to facilitate City Council’s review. Planning Commission Background and Action On April 24, 2023, the Planning Commission held a public hearing on the subject application. During the hearing, the hours of operation were discussed among commissioners, staff, and the applicant. The applicant requested that alcohol be permitted to be sold between 8:00 a.m. to 12:00 a.m. daily. However, due to reasons evaluated by staff and documented in the Planning Commission staff report, staff recommended that the hours of operations for alcohol sales 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 only. Following discussion and input from the applicant, the Planning Commission approved the request and modified a condition of approval to allow the sale of alcoholic beverages for on-premises consumption from 8:00 a.m. to 12:00 a.m. (midnight) daily after a six-month review, given that there were no Code Enforcement complaints, no Police Department complaints, and/or no neighborhood complaints. Project Description The applicant is requesting approval of CUP No. 2023-09 to allow the sale of distilled spirits, in addition to its existing beer and wine sales, for on-premises consumption through a Type 47 license from the Department of Alcoholic Beverage Control (ABC) at Mariscos Hector Sports Grill. The eating establishment currently occupies a 3,350- square-foot unit within a commercial building located on the southeastern corner of Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023 Page 3 3 4 4 6 McFadden and Standard Avenues. The restaurant can accommodate up to 94 patrons within the indoor dining area. The proposed alcoholic beverages will be stored within a storage room located in the rear of the restaurant and a display area located in front of the kitchen counter top. The restaurant will contain an overall alcohol storage area of approximately 33 square feet, which is less than five percent of the gross floor area of the tenant space as allowed by the Section 41-196(g)(25) of the SAMC. The ABC hours of operation will be from 8:00 a.m. to 10:00 p.m. on Sunday through Thursday and 8:00 a.m. to 12:00 a.m. (midnight) on Friday and Saturday. Should the applicant seek to sell alcoholic beverages between 12:00 a.m. (midnight) and 7:00 a.m., a separate CUP will be required in accordance with Section 41-196(g)(3) of the SAMC. Entertainment is occasionally provided on-site and the site’s Entertainment Permit will be renewed as part of this application and in accordance with Section 11-6 of the SAMC. Table 1: Project and Location Information Table 2: Operational Standards Standards Permissible by SAMC Provided Eating Establishment Type Bona-Fide Bona-Fide Hours of Operation for ABC Sales 7:00 a.m. to 12:00 a.m. (midnight), unless extended by a separate after-hours CUP 8:00 a.m. to 10:00 p.m. on Sunday through Thursday and 8:00 a.m. to 12:00 a.m. on Friday and Saturday. Window Display 25% of Window Coverage Complies Alcohol Storage and Display 5% of G.F.A.0.98% of G.F.A. Item Information Project Address and Council Ward 1208 East McFadden Avenue – Ward 6 Nearest Intersection McFadden Avenue and Standard Avenue General Plan Designation General Commercial (GC) Zoning Designation Planned Shopping Center (C4) North Single-Family Residences East Multi-Family Residences SouthSurrounding Land Uses West Commercial Property Size 0.95 acres (41,382 square feet) Existing Site Development The subject site contains an 11,760 sq. ft. commercial building with multiple tenant units. Unit Size 3,354 square feet Use Permissions Allowed with approval of a CUP Uses SAMC Sections 41-196 (a) Zoning Code Sections Affected Operational Standards SAMC Section 41-196(g) Census Tract and License Information Census Tract No.744.03 No. of Allowed and Existing Licenses 7 Allowed; 9 Existing Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023 Page 4 3 4 4 6 Project Background The subject site was constructed in 1971 with two commercial buildings, one measuring 11,700 square feet and the other measuring 3,000 square feet. City records indicate that since the time of construction, several permits have been issued for site improvements. The current restaurant, Mariscos Hector Sports Grill, currently occupies a 3,354-square-foot unit along the north end of the 11,700-square foot building that is closest to McFadden Avenue. In 1971, the Planning Commission approved CUP No. 1971-32 allowing the sale of beer and wine for on-premises consumption through a Type 41 ABC license at the subject site for Pelley’s Chow Bell restaurant. Since then, the ABC license has been transferred to various businesses and was transferred to Mariscos Hector Sports Grill in 2013. The applicant is seeking to upgrade its existing ABC license from a Type 41 to a Type 47 ABC license. This would allow the sale of distilled spirits in addition to the existing license that allows on-sale of beer and wine for on-premises consumption which will be an ancillary component to its dining services. Mariscos Hector operates at two additional locations in Santa Ana: one at 1801 South Main Street, which has an active Type 47 ABC license that was approved by CUP No. 2019-10; and another at 409 North Broadway, which has an active Type 47 ABC license that was approved by CUP 2016-08. Additionally, other locations are in the cities of Anaheim, Orange, and Costa Mesa. Project Analysis CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures and to minimize impacts to surrounding areas. Staff has reviewed the applicant’s request for the sale of distilled spirits in addition to beer and wine for on- premises and has determined that the addition of distilled spirits at the subject site will not be detrimental to the health, safety, and welfare of the community. The sale of distilled spirits for on-premises consumption, in addition to beer and wine, will provide a full-service dining experience with an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages with their meal. It would also allow Mariscos Hector Sports Grill to be economically viable and compete with nearby full-service eating establishments that offer similar services to their patrons. As previously described, Maricos Hector is located at the north end of the commercial building closest to McFadden Avenue and its main entry faces Standard Avenue, away from residential uses. Additionally, there is currently a block wall and landscape buffer Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023 Page 5 3 4 4 6 located in the rear of the restaurant acting as a barrier between the restaurant and the multi-family residential buildings located to the east of Maricos Hector. The block wall and landscape buffer remain in sound condition. The restaurant is currently in compliance with the parking variance (Variance No. 70-21) that was approved in 1970 to allow a parking reduction for this site. In addition, the parking spaces are striped per today’s requirements. Moreover, the applicant will be required to obtain all the necessary permits for any signs, events, or site improvements proposed. Furthermore, the subject site is not adjacent to any playgrounds, schools, or religious institutions. The nearest sensitive land use is Kenny Elementary School (located at 1300 E. McFadden Avenue), which is approximately 300 feet to the east of the subject site. A multi-family residential development is adjacent to the east side of the subject site However, the restaurant’s main entrance and dining area are located along the west elevation of the building and the operational standards applicable to an ABC license, per Section 41-196(g) of the SAMC, and conditions of approval will mitigate any potential impact created by the use and will ensure that the use will not negatively impact the surrounding community. General Plan Consistency Approval of the proposed CUP will be consistent with 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 encourage 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. In addition, Goal 3 of the LU encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. Policy 3.7 promotes a clean, safe, and creative environment for Santa Ana’s residents an, workers, and visitors. Approval of CUP No. 2023-06 will provide reinvestment into the commercial site and enhance the overall consumer environment of the area by increasing activity during business hours. 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. Lastly, 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 for additional service to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the eating establishment is located within an Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023 Page 6 3 4 4 6 existing commercial area and its operations will be compatible with the surrounding commercial businesses. Police Department Analysis The Police Department has reviewed the applicant request for sale of distilled spirits in addition to beer and wine for on-premises consumption and has no concerns, as the operational standards applicable to the ABC license and conditions of approval will mitigate any potential impacts to the surrounding community. The Police Department carefully evaluated the project site and determined that there has been a total of 38 service calls in the project site’s vicinity since January 1, 2020. Of those 38 calls, seven resulted in reports taken in. The reports were in result of assaults occurring on the integrated commercial center site, while one was a car burglary. According to the Police Department, the number of calls for service is commensurate with the size of the existing center. The Police Department reviews CUP applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on-premises licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which are also utilized by ABC. This section defines “reported crimes” as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. As part of the application process, the application was reviewed by the Police Department. Based on its review, the Police Department has no issues of concern regarding this application. Table 3: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and Rank Police Grid No. 187; ranked 18 out of 102 Police Reporting Grids (17th percentile). Threshold for High Crime This reporting district is within the 20 percent threshold established by the State for high crime. Police Department Recommendation Although the property falls within the 20-percent high crime threshold, the Police Department is satisfied that the operational standards applicable to an on-premises ABC license and conditions of approval will Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023 Page 7 3 4 4 6 Police Department Analysis and Criteria for Recommendation mitigate any negative impacts to the surrounding community, and therefore, does not oppose the granting of CUP No. 2023-09. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. The site is located within the boundaries of the Cornerstone Village Neighborhood Association and their representatives, along with those from Pacific Park and Madison Park, were contacted on May 9 and May 10, 2023 to identify any areas of concerns due to the proposed application request and City Council public hearing. Feedback received from the representatives regarding noise concerns were already addressed by the original conditions of approval for this project and as reflected in the draft City Council Resolution. For the April 24, 2023 Planning Commission hearing, staff contacted four neighborhood leaders from the Madison Park and Cornerstone Village neighborhood associations on March 14 and 15. Staff received generally positive feedback from the adjacent neighborhoods that there have been no community issues stemming from the establishment’s current operations. Additionally, project notifications for the Planning Commission hearing were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in the Planning Commission staff report. ENVIRONMENTAL IMPACT 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 operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing bona-fide eating establishment. FISCAL IMPACT There is no fiscal impact associated with this action EXHIBIT(S) 1. Draft resolution and findings for approving and/or modifying Planning Commission’s approval of CUP No. 2023-09 2. Planning Commission Staff Report and Exhibits Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023 Page 8 3 4 4 6 Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager Resolution No. 2023-XXX Page 1 of 10 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO CONDUCT A DE NOVO REVIEW OF THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT NO. 2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES FOR ON-PREMISES CONSUMPTION AT MARISCOS HECTOR SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Maria Sebold with Mariscos Hector Sports Grill (“Applicant”) and representing McFadden Shopping Center, LLC. (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing restaurant located at 1208 East McFadden Avenue. B. Section 41-196 of the Santa Ana Municipal Code (“SAMC”) requires approval of a CUP for establishments wishing to sell alcoholic beverages for on- premises consumption. C. On November 8, 1971, the Planning Commission approved CUP No. 1971-34 allowing the sale of beer and wine for on-premises consumption, through a Type 41 license from the State Department of Alcoholic Beverage Control (“ABC”), at the subject site. D. On February 24, 2023, the applicant submitted a CUP application to the Planning Division to upgrade its existing ABC license from a Type 41 to a Type 47 license to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at the existing restaurant. E. On April 24, 2023, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2023-09. At the conclusion of this hearing, the Commission approved Conditional Use Permit No. 2023-09 subject to modified conditions of approval. F. The restaurant meets all required standards specified by Section 41-196 of the SAMC and ABC for the sale of alcoholic beverages for on-premises consumption by containing a full kitchen and a menu of hot and cold food items for purchase. Resolution No. 2023-XXX Page 2 of 10 G. On April 25, 2023, the Planning Division provided a summary of the Planning Commission’s action to the City Council, after which a member of the City Council requested that the item be discussed during the May 2, 2023 City Council meeting. H. On May 2, 2023, the City Council discussed Conditional Use Permit No. 2023- 09 and voted 7:0 to have the item presented to the City Council for a de novo public hearing. I. On June 6, 2023, the City Council held a duly noticed public hearing for a de novo review of Conditional Use Permit No. 2023-09. J. The City Council determines that the following findings, which must be established in order to grant a CUP pursuant to Section 41-638 of the SAMC, have been established for CUP No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue. 1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The sale of distilled spirits, in addition to beer and wine sales, for on-premises consumption at this location will provide an ancillary service to the eating establishment’s customers by allowing them the ability to purchase alcoholic beverages with their meal. This will thereby benefit the community by providing an eating establishment with an additional and complementary food related amenity. Operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The sale of distilled spirits, in addition to beer and wine, for on- premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. Existing conditions illustrate that the restaurant is located at the north end of the existing commercial building, closest to McFadden Avenue and the main Resolution No. 2023-XXX Page 3 of 10 entry is facing Standard Avenue, away from residential uses. In addition, the existing block wall and landscape buffer remain in sound condition. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The sale of distilled spirits, in addition to beer and wine, for on- premises consumption at the subject location will not adversely affect the economic stability of the area, but will instead allow the eating establishment to compete with other nearby eating establishments that offer a full selection of alcoholic beverages to their customers. Moreover, the offering of distilled spirits will allow the eating establishment to remain economically viable, thereby contributing to the overall success of the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 (Zoning) of the SAMC for such use. 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. Resolution No. 2023-XXX Page 4 of 10 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 options, 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 operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the operation of an alcoholic beverage control license to sell alcoholic beverages at a bona-fide eating establishment. As such, a Notice of Exemption, Environmental Review No. 2023-24, will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, Resolution No. 2023-XXX Page 5 of 10 regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2023-09, as conditioned in Exhibit A, attached hereto and incorporated herein, for the sale of distilled spirits in addition to beer and wine for on-premises consumption at Mariscos Hector Sports Grill located at 1208 East McFadden Avenue. This decision is based upon the evidence submitted at the above- referenced hearing, including but not limited to: The Request for City Council Action dated June 6, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 6th day of June 2023 by the following vote. AYES: Councilmembers: _______________________________________ NOES: Councilmembers: _______________________________________ ABSTAIN: Councilmembers: _______________________________________ NOT PRESENT: Councilmembers: _______________________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: John M. Funk Chief Assistant City Attorney Resolution No. 2023-XXX Page 6 of 10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June 6, 2023. Date: City Clerk City of Santa Ana Resolution No. 2023-XXX Page 7 of 10 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 consumption 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 of 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. 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. 5. 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 Resolution No. 2023-XXX Page 8 of 10 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 for permit revocation and/or suspension as described in Section 41-651 of the SAMC. 7. 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. 8. 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 the immediate vicinity of the business. 9. The applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses. 10. At least one on-duty manager with authority over the activities within the facility shall be on the premises during business hours. The on-duty manager’s contact information shall be posted in a conspicuous location at the restaurant’s front entry. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by ABC and the conditional use herein. Every effort shall be undertaken in managing the subject premises and the facility to discourage illegal and criminal activities and any exterior area over which the building owner exercises control. 11. The applicant shall maintain the site as necessary, including but not limited to: the repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of any damaged and/or weathered components of the building; repair and upkeep of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and related landscape, furnishing, and hardscape improvements. 12. Prior to the release of this resolution, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained. Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: Resolution No. 2023-XXX Page 9 of 10 a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; and g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or Resolution No. 2023-XXX Page 10 of 10 to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT AND EXHIBITS Planning and Building Agency Item # xx City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report April 24, 2023 Topic: Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2023-09 as conditioned. EXECUTIVE SUMMARY Maria Sebold with Mariscos Hector Sports Grill (Applicant) and representing McFadden Shopping Center, LLC. (Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits, in addition to existing beer and wine sales, for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue. Pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), establishments wishing to sell alcoholic beverages for on-premises consumption require approval of a CUP. Staff is recommending approval of the applicant’s request because the site is located within a commercial center intended for such uses, the site is located facing away from sensitive land uses, and complies with City standards. Additionally, the proposed operational standards and conditions of approval will ensure that the applicant’s request will not negatively affect the surrounding community. DISCUSSION Project Description The applicant is requesting approval of CUP No. 2023-09 to allow the sale of distilled spirits, in addition to its existing beer and wine sales, for on-premises consumption through a Type 47 license from the Department of Alcoholic Beverage Control (ABC) at Mariscos Hector Sports Grill. The eating establishment currently occupies a 3,350-square feet unit within a commercial building located on the southeastern corner of McFadden and Standard avenues. The restaurant can accommodate up to 94 patrons within the indoor dining area. The proposed alcoholic beverages will be stored within a storage room located in the rear of the restaurant and a displayed area located in front of the kitchen’s counter top. The restaurant will contain an overall alcohol storage area of approximately 33 square feet, which is less than five percent of the gross floor area of the CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023 Page 2 tenant space as allowed by the Section 41-196(g)(25) of theSAMC. Hours of operation are from 8:00 a.m. to 12:00 a.m. (midnight) daily. Should the applicant seek to sell alcoholic beverages between 12:00 a.m. (midnight) and 7:00 a.m., a separate CUP will be required in accordance with Section 41-196(g)(3) of the SAMC. Entertainment is occasionally provided on-site and the site’s Entertainment Permit will be renewed as part of this application and in accordance with Section 11-6 of the SAMC. Table 1: Project and Location Information Item Information Project Address and Council Ward Nearest Intersection General Plan Designation Zoning Designation 1208 East McFadden Avenue – Ward 6 McFadden Avenue and Standard Avenue General Commercial (GC) Planned Shopping Center (C4) North East South West Single-Family Residences Multi-Family ResidencesSurrounding Land Uses Commercial Property Size 0.95 acres (41,382 square feet) The subject site contains an 11,760 sq. ft. commercial building with multiple tenant units. 3,354 square feet Existing Site Development Unit Size Use Permissions Allowed with approval of a CUP Uses SAMC Sections 41-196 (a) SAMC Section 41-196(g) 744.03 Zoning Code Sections Affected Operational Standards Census Tract No. No. of Allowed and Existing Licenses Census Tract and License Information 7 Allowed; 9 Existing Table 2: Operational Standards Standards Permissible by SAMC Bona-Fide 7:00 a.m. to 12:00 a.m. (midnight), unless extended by (midnight) daily. a separate after-hours CUP Provided Bona-Fide 8:00 a.m. to 12:00 a.m. Eating Establishment Type Hours of Operation for ABC Sales Window Display Alcohol Storage and Display 25% of Window Coverage 5% of G.F.A Complies 0.98% of G.F.A. Project Background The subject site was constructed in 1971 with two commercial buildings, one measuring 11,700 square feet and the other measuring 3,000 square feet. City records indicate that since the time of construction, several permits have been issued for site improvements. The current restaurant, Mariscos Hector Sports Grill, currently occupies a 3,354-square feet unit along the north end of the 11,700-square foot building that is closest to McFadden Avenue. CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023 Page 3 In 1971, the Planning Commission approved CUP No. 1971-32 allowing the sale of beer and wine for on-premises consumption through a Type 41 ABC license at the subject site for Pelley’s Chow Bell restaurant. Since then, the ABC license has been transferred to various businesses and was transferred to Mariscos Hector Sports Grill in 2013. The applicant is seeking to upgrade its existing ABC license from a Type 41 to a Type 47 ABC license. This would allow the sale of distilled spirits in addition to the existing license that allows on-sale of beer and wine for on-premises consumption which will be an ancillary component to its dining services. Mariscos Hector operates at two additional locations in Santa Ana: one at 1801 South Main Street, which has an active Type 47 ABC license that was approved by CUP No. 2019-10; and another at 409 North Broadway, which has an active Type 47 ABC license that was approved by CUP 2016-08. Additionally, other locations are in the cities of Anaheim, Orange, and Costa Mesa. Project Analysis CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures and to minimize impacts to surrounding areas. Staff has reviewed the applicant’s request for the sale of distilled spirits in addition to beer and wine for on- premises and has determined that the addition of distilled spirits at the subject site will not be detrimental to the health, safety, and welfare of the community. The sale of distilled spirits for on-premises consumption in addition to beer and wine will provide a full-service dining experience with an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages with their meal will allow Mariscos Hector Sports Grill to be economically viable and compete with nearby full-service eating establishments that offer similar services to their patrons. The sale of distilled spirits in addition to the existing sale of beer and wine will not negatively affect the surrounding uses. As previously described, Maricos Hector is located at the north end of the commercial building closest to McFadden Avenue and its main entry faces Standard Avenue, away from residential uses. Additionally, there is currently a block wall and landscape buffer located in the rear of the restaurant acting as a buffer between the restaurant and the multi-family residential buildings located to the east of Maricos Hector. The block wall and landscape buffer remain in sound condition. The restaurant is currently in compliance with the parking variance (Variance No. 70-21) that was approved in 1970 to allow a parking reduction for this site. In addition, the parking CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023 Page 4 spaces are striped per today’s requirements. Moreover, the applicant will be required to obtain all the necessary permits for any signs, events, or site improvements proposed. Furthermore, the subject site is not adjacent to any playgrounds, schools, or religious institutions. The nearest sensitive land use is Kenny Elementary School (located at 1300 E. McFadden Avenue), which is approximately 300 feet to the east of the subject site. A multi-family residential development is adjacent to the east side of the subject site However, the restaurant’s main entrance and dining area are located along the west elevation of the building and the operational standards applicable to an ABC license, per Section 41-196(g) of the SAMC, and conditions of approval will mitigate any potential impact created by the use and will ensure that the use will not negatively impact the surrounding community. General Plan Consistency: Approval of the proposed CUP will be consistent with 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 encourage 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. In addition, Goal 3 of the LU encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. Policy 3.7 promotes a clean, safe, and creative environment for Santa Ana’s residents an, workers, and visitors. Approval of CUP No. 2023-06 will provide reinvestment into the commercial site and enhance the overall consumer environment of the area by increasing activity during business hours. 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. Lastly, 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 for additional service to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the eating establishment is located within an existing commercial area and its operations will be compatible with the surrounding commercial businesses. Police Department Analysis: The Police Department has reviewed the applicant request for sale of distilled spirits in addition to beer and wine for on-premises consumption and has no concerns, as the CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023 Page 5 operational standards applicable to the ABC license and conditions of approval will mitigate any potential impacts to the surrounding community. The Police Department carefully evaluated the project site and determined that there has been a total of 38 service calls in the project site’s vicinity since January 1, 2020. Of those 38 calls, seven resulted in reports taken in. The reports were in result of assaults occurring on the integrated commercial center site, while one was a car burglary. According to the Police Department, the number of calls for service is commensurate with the size of the existing center. The Police Department reviews CUP applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on-premises licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which are also utilized by ABC. This section defines “reported crimes” as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. As part of the application process, the application was reviewed by the Police Department. Based on its review, the Police Department has no issues of concern regarding this application. Table 3: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and Rank Police Grid No. 187; ranked 18 out of 102 Police Reporting Grids (17th percentile). Threshold for High Crime This reporting district is within the 20 percent threshold established by the State for high crime. Although the property falls within the 20-percent high crime threshold, the Police Department is satisfied that the operational standards applicable to an on-premises ABC license and conditions of approval will mitigate any negative impacts to the surrounding community, and therefore, does not oppose the granting of CUP No. 2023-09. Police Department Recommendation CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023 Page 6 Public Notification and Community Outreach In order to ensure the eating establishment was not a nuisance to the neighboring properties, staff contacted four neighborhood leaders on March 14 and 15 of 2023. Staff received positive feedback from the adjacent neighborhoods that there have been no community issues stemming from the establishment’s current operations. Additionally, project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 6. The site is located within the boundaries of the Cornerstone Village Neighborhood Association and their representatives were contacted on March 14 and 15 of 2023 to identify any areas of concerns due to the proposed application request. Feedback received from the representatives were incorporated into the conditions of approval for this project. ENVIRONMENTAL IMPACT 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 operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing bona-fide eating establishment. As such, a Notice of Exemption, Environmental Review No. 2023-24, will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution 2. Vicinity Zoning and Aerial View 3. Site Photo 4. Site Plan 5. Floor Plan 6. Copy of Public Notices Prepared By: Fernanda Arias, Assistant Planner I CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023 Page 7 Approved By: Minh Thai, Executive Director of Planning and Building Agency RESOLUTION NO. 2023-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES FOR ON-PREMISES CONSUMPTION AT MARISCOS HECTOR SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1.The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A.Maria Sebold with Mariscos Hector Sports Grill (“Applicant”) and representing McFadden Shopping Center, LLC. (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing restaurant located at 1208 East McFadden Avenue. B. C. Section 41-196 of the Santa Ana Municipal Code (“SAMC”) requires approval of a CUP for establishments wishing to sell alcoholic beverages for on-premises consumption. On November 8, 1971, the Planning Commission approved CUP No. 1971-34 allowing the sale of beer and wine for on-premises consumption, through a Type 41 license from the State Department of Alcoholic Beverage Control (“ABC”), at the subject site. D. E. On February 24, 2023, the applicant submitted a CUP application to the Planning Division to upgrade its existing ABC license from a Type 41 to a Type 47 license to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at the existing restaurant. The restaurant meets all required standards specified by Section 41-196 of the SAMC and ABC for the sale of alcoholic beverages for on-premises consumption by containing a full kitchen and a menu of hot and cold food items for purchase. F.On April 24, 2023, the Planning Commission held a duly-noticed public hearing on CUP No. 2023-09. G.The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant to Section 41-638 of the SAMC, have been established for CUP No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue. Resolution No. 2023-XXXX Page 1 of 8 1.That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The sale of distilled spirits, in addition to beer and wine sales, for on-premises consumption at this location will provide an ancillary service to the eating establishment’s customers by allowing them the ability to purchase alcoholic beverages with their meal. This will thereby benefit the community by providing an eating establishment with an additional and complementary food related amenity. Operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. 2.That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The sale of distilled spirits, in addition to beer and wine, for on- premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. Existing conditions illustrate that the restaurant is located at the north end of the existing commercial building, closest to McFadden Avenue and the main entry is facing Standard Avenue, away from residential uses. In addition, the existing block wall and landscape buffer remain in sound condition. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby. 3.That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The sale of distilled spirits, in addition to beer and wine, for on- premises consumption at the subject location will not adversely affect the economic stability of the area, but will instead allow the eating establishment to compete with other nearby eating establishments that offer a full selection of alcoholic beverages to their customers. Moreover, the offering of distilled spirits will allow the eating establishment to remain economically viable, thereby contributing to the overall success of the City. 4.That the proposed use will comply with the regulations and conditions specified in Chapter 41 (Zoning) of the SAMC for such use. Resolution No. 2023-XXXX Page 2 of 8 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-XXXX Page 3 of 8 operation, repair,maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the operation of an alcoholic beverage control license to sell alcoholic beverages at a bona-fide eating establishment. As such, a Notice of Exemption, Environmental Review No. 2023-24, will be filed for this project. Section 3.The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the SubdivisionMap Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4.The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2023-09, as conditioned in Exhibit A, attached hereto and incorporated herein, for the sale of distilled spirits in addition to beer and wine for on-premises consumption at Mariscos Hector Sports Grill located at 1208 East McFadden Avenue. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated April 24, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of April 2023 by the following vote. AYES:Commissioners: Commissioners: Commissioners: NOES: ABSENT: ABSTENTIONS: Commissioners: Resolution No. 2023-XXXX Page 4 of 8 Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 24, 2023. Date: Nuvia Ocampo Recording Secretary City of Santa Ana Resolution No. 2023-XXXX Page 5 of 8 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 the immediate vicinity of the business. 8. 9. The applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses. At least one on-duty manager with authority over the activities within the facility shall be on the premises during business hours. The on-duty manager’s contact information shall be posted in a conspicuous location at the restaurant’s front entry. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by ABC and the conditional use herein. Every effort shall be undertaken in managing the subject premises and the facility to discourage illegal and criminal activities and any exterior area over which the building owner exercises control. 10. 11. The applicant shall maintain the site as necessary, including but not limited to: the repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of any damaged and/or weathered components of the building; repair and upkeep of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and related landscape, furnishing, and hardscape improvements. Prior to the release of this resolution, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the CommunityDevelopment Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained. Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a.Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b.Compliance with ongoing operational conditions, requirements andrestrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. d. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable: Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris on or about the property; the proper and timely removal of graffiti; the Resolution No. 2023-XXXX Page 7 of 8 timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. f. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to themaintenance agreement and both shall be jointly and severally liable for compliance with its terms; The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; and g.The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. Resolution No. 2023-XXXX Page 8 of 8 RESOLUTION NO. 2023-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES FOR ON-PREMISES CONSUMPTION AT MARISCOS HECTOR SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1.The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A.Maria Sebold with Mariscos Hector Sports Grill (“Applicant”) and representing McFadden Shopping Center, LLC. (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing restaurant located at 1208 East McFadden Avenue. B. C. Section 41-196 of the Santa Ana Municipal Code (“SAMC”) requires approval of a CUP for establishments wishing to sell alcoholic beverages for on-premises consumption. On November 8, 1971, the Planning Commission approved CUP No. 1971-34 allowing the sale of beer and wine for on-premises consumption, through a Type 41 license from the State Department of Alcoholic Beverage Control (“ABC”), at the subject site. D. E. On February 24, 2023, the applicant submitted a CUP application to the Planning Division to upgrade its existing ABC license from a Type 41 to a Type 47 license to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at the existing restaurant. The restaurant meets all required standards specified by Section 41-196 of the SAMC and ABC for the sale of alcoholic beverages for on-premises consumption by containing a full kitchen and a menu of hot and cold food items for purchase. F.On April 24, 2023, the Planning Commission held a duly-noticed public hearing on CUP No. 2023-09. G.The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant to Section 41-638 of the SAMC, have been established for CUP No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue. Resolution No. 2023-07 Page 1 of 8 1.That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The sale of distilled spirits, in addition to beer and wine sales, for on-premises consumption at this location will provide an ancillary service to the eating establishment’s customers by allowing them the ability to purchase alcoholic beverages with their meal. This will thereby benefit the community by providing an eating establishment with an additional and complementary food related amenity. Operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. 2.That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The sale of distilled spirits, in addition to beer and wine, for on- premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. Existing conditions illustrate that the restaurant is located at the north end of the existing commercial building, closest to McFadden Avenue and the main entry is facing Standard Avenue, away from residential uses. In addition, the existing block wall and landscape buffer remain in sound condition. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby. 3.That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The sale of distilled spirits, in addition to beer and wine, for on- premises consumption at the subject location will not adversely affect the economic stability of the area, but will instead allow the eating establishment to compete with other nearby eating establishments that offer a full selection of alcoholic beverages to their customers. Moreover, the offering of distilled spirits will allow the eating establishment to remain economically viable, thereby contributing to the overall success of the City. 4.That the proposed use will comply with the regulations and conditions specified in Chapter 41 (Zoning) of the SAMC for such use. Resolution No. 2023-07 Page 2 of 8 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 operation, repair,maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the operation of an alcoholic beverage control license to sell alcoholic beverages at a bona-fide eating establishment. As such, a Notice of Exemption, Environmental Review No. 2023-24, will be filed for this project. Section 3.The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the SubdivisionMap Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4.The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2023-09, as conditioned in Exhibit A, attached hereto and incorporated herein, for the sale of distilled spirits in addition to beer and wine for on-premises consumption at Mariscos Hector Sports Grill located at 1208 East McFadden Avenue. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated April 24, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of April 2023 by the following vote. AYES:Commissioners: ESCAMILLA, LEO, MCLOUGHLIN, OLIVA, PHAM, WOO NOES:Commissioners: ABSENT:Commissioners: RAMOS ABSTENTIONS: Commissioners: Resolution No. 2023-07 Page 4 of 8 Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 24, 2023. Date: Nuvia Ocampo Recording Secretary City of Santa Ana Resolution No. 2023-07 Page 5 of 8 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 for permit revocation and/or suspension as described in Section 41-651 of the SAMC. 7. 8. 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. 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 the immediate vicinity of the business. 9.The applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses. 10.At least one on-duty manager with authority over the activities within the facility shall be on the premises during business hours. The on-duty manager’s contact information shall be posted in a conspicuous location at the restaurant’s front entry. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by ABC and the conditional use herein. Every effort shall be undertaken in managing the subject premises and the facility to discourage illegal and criminal activities and any exterior area over which the building owner exercises control. 11. 12. The applicant shall maintain the site as necessary, including but not limited to: the repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of any damaged and/or weathered components of the building; repair and upkeep of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and related landscape, furnishing, and hardscape improvements. Prior to the release of this resolution, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the CommunityDevelopment Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained. Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a.Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b.Compliance with ongoing operational conditions, requirements andrestrictions, as applicable (including but not limited to hours of operation, security requirements, Resolution No. 2023-07 Page 7 of 8 the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. d. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable: Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. f. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to themaintenance agreement and both shall be jointly and severally liable for compliance with its terms; The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; and g.The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. Resolution No. 2023-07 Page 8 of 8 RESOLUTION NO. 2023-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES FOR ON-PREMISES CONSUMPTION AT MARISCOS HECTOR SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1.The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A.Maria Sebold with Mariscos Hector Sports Grill (“Applicant”) and representing McFadden Shopping Center, LLC. (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing restaurant located at 1208 East McFadden Avenue. B. C. Section 41-196 of the Santa Ana Municipal Code (“SAMC”) requires approval of a CUP for establishments wishing to sell alcoholic beverages for on-premises consumption. On November 8, 1971, the Planning Commission approved CUP No. 1971-34 allowing the sale of beer and wine for on-premises consumption, through a Type 41 license from the State Department of Alcoholic Beverage Control (“ABC”), at the subject site. D. E. On February 24, 2023, the applicant submitted a CUP application to the Planning Division to upgrade its existing ABC license from a Type 41 to a Type 47 license to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at the existing restaurant. The restaurant meets all required standards specified by Section 41-196 of the SAMC and ABC for the sale of alcoholic beverages for on-premises consumption by containing a full kitchen and a menu of hot and cold food items for purchase. F.On April 24, 2023, the Planning Commission held a duly-noticed public hearing on CUP No. 2023-09. G.The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant to Section 41-638 of the SAMC, have been established for CUP No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue. Resolution No. 2023-07 Page 1 of 8 1.That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The sale of distilled spirits, in addition to beer and wine sales, for on-premises consumption at this location will provide an ancillary service to the eating establishment’s customers by allowing them the ability to purchase alcoholic beverages with their meal. This will thereby benefit the community by providing an eating establishment with an additional and complementary food related amenity. Operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. 2.That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The sale of distilled spirits, in addition to beer and wine, for on- premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. Existing conditions illustrate that the restaurant is located at the north end of the existing commercial building, closest to McFadden Avenue and the main entry is facing Standard Avenue, away from residential uses. In addition, the existing block wall and landscape buffer remain in sound condition. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby. 3.That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The sale of distilled spirits, in addition to beer and wine, for on- premises consumption at the subject location will not adversely affect the economic stability of the area, but will instead allow the eating establishment to compete with other nearby eating establishments that offer a full selection of alcoholic beverages to their customers. Moreover, the offering of distilled spirits will allow the eating establishment to remain economically viable, thereby contributing to the overall success of the City. 4.That the proposed use will comply with the regulations and conditions specified in Chapter 41 (Zoning) of the SAMC for such use. Resolution No. 2023-07 Page 2 of 8 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 operation, repair,maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the operation of an alcoholic beverage control license to sell alcoholic beverages at a bona-fide eating establishment. As such, a Notice of Exemption, Environmental Review No. 2023-24, will be filed for this project. Section 3.The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the SubdivisionMap Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4.The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2023-09, as conditioned in Exhibit A, attached hereto and incorporated herein, for the sale of distilled spirits in addition to beer and wine for on-premises consumption at Mariscos Hector Sports Grill located at 1208 East McFadden Avenue. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated April 24, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of April 2023 by the following vote. AYES:Commissioners: ESCAMILLA, LEO, MCLOUGHLIN, OLIVA, PHAM, WOO NOES:Commissioners: ABSENT:Commissioners: RAMOS ABSTENTIONS: Commissioners: Resolution No. 2023-07 Page 4 of 8 Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 24, 2023. Date: Nuvia Ocampo Recording Secretary City of Santa Ana Resolution No. 2023-07 Page 5 of 8 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 for permit revocation and/or suspension as described in Section 41-651 of the SAMC. 7. 8. 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. 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 the immediate vicinity of the business. 9.The applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses. 10.At least one on-duty manager with authority over the activities within the facility shall be on the premises during business hours. The on-duty manager’s contact information shall be posted in a conspicuous location at the restaurant’s front entry. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by ABC and the conditional use herein. Every effort shall be undertaken in managing the subject premises and the facility to discourage illegal and criminal activities and any exterior area over which the building owner exercises control. 11. 12. The applicant shall maintain the site as necessary, including but not limited to: the repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of any damaged and/or weathered components of the building; repair and upkeep of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and related landscape, furnishing, and hardscape improvements. Prior to the release of this resolution, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the CommunityDevelopment Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained. Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a.Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b.Compliance with ongoing operational conditions, requirements andrestrictions, as applicable (including but not limited to hours of operation, security requirements, Resolution No. 2023-07 Page 7 of 8 the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. d. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable: Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. f. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to themaintenance agreement and both shall be jointly and severally liable for compliance with its terms; The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; and g.The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. Resolution No. 2023-07 Page 8 of 8 3/21/23, 6:22 PM . CUP No. 2023-09 for Mariscos Hector ABC License1208 East McFadden Avenue Zoning 350 feet Exhibit 2 - Vicinity Zoning and Aerial View © 2023 Digital Map Products. All rights reserved. https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html 1/1 CUP No. 2023-09 – Mariscos Hector AB License 1208 East McFadden Avenue Exhibit 3 – Site Photo CUP No. 2023-09 for Mariscos Hector ABC License1208 East McFadden Avenue 216'-0"PL=420'(E) 6' HIGH BLOCK WALL (E) PLANTER (E) PLANTER22'-11"(E)PAVED DRIVEWAY TRASH AREA 15'-0"RESIDENTIAL - COMMERCIALBUILDING DESIGN20'-2"18'-0"18'-0"Oscar VegaEXISTINGMariscosHector's #2 35'-8"d e s i g n e r25'-0"CLOTHINGRETAIL INSURANCEOFFICE MINI NAIL METRO PCS COIN TORTILLASALES 534 W LINCOLN AVE.ANAHEIM CA 92805 PHARMACY MEDICALCLINIC MARKET SALON CELL RETAIL LAUNDRY 18'-0"STORE STORE1,002 sq.ft. CELL: (714) 499 - 1247OFFICE: (714) 829 - 4234 765 sq.ft.825 sq.ft.1,012 sq.ft.648 sq.ft.1,114 sq.ft.809 sq.ft.829 sq.ft.1,234 sq.ft.25'-0"oscar.vega@vecodesigns.com9'-0"+3"(TYP.)+3"0.0"± 0.0"0.0" 0.0"(E) WALKWAY (E) WALKWAY(E) PATH OF TRAVEL (E) PAVED PARKING LOT(E) 3" HIGH CURB (E) 3" HIGH CURB (E) PAVED PARKING LOT ± 0.0"0.0" NO PARKING 9'-0"9'-0"8'-0"9'-0"9'-0"8'-0"(TYP.)(TYP.) 8'-4" (TYP.)16'-0"(TYP.) 16'-0"(TYP.)PL=117.9'25'-0"30'-0"20'-0"18'-0" 30'-0" 16'-0"(TYP.) EXISTING COMMERCIAL BUILDINGAUTOZONE EXISTING COMMERCIAL BUILDINGSTATER BROS. MARKET (REFERENCE ONLY) REVISIONS BY (REFERENCE ONLY) PROJECT NAME:MARISCOS HECTOR25'-0" JOB SITE:1210 E McFadden Ave. STB BSanta Ana CA 92705PHONE:714-585-9546 PLAN:SITE PLANPL=302'(E)SIDEWALK (E)SIDEWALK DRAWNO.V.(E)DRIVE APPROACHED (E)DRIVE APPROACHED (E)DRIVE APPROACHED DATESITE PLAN 02-10-2023JOB No.NS STANDARD AVE. 21-036SHEETSCALE: 1/16" = 1'-0"A-1.1Exhibit 4 - Site Plan OF SHEETS CUP No. 2023-09 for Mariscos Hector ABC License1208 East McFadden Avenue SYMBOL LEGEND EXISTING CAMERAS50'-0"5'-11"6'-0"8'-5"29'-8"RESIDENTIAL - COMMERCIALBUILDING DESIGNWALL SCHEDULEEXISTING EXISTING EXISTING WALLS TO REMAIN Oscar VegaNSF APPROVEDSHELVING NSF APPROVEDSHELVING NSF APPROVEDSHELVING d e s i g n e rNON-LOAD INSOLATED PANELWALLS TO REMAIN(N) EMPLOYEESERVICE STATION 534 W LINCOLN AVE.ANAHEIM CA 92805 10'-0"EXISTING OCCUPANCY LOAD (N) WOMEN'SRESTROOMS CELL: (714) 499 - 1247OFFICE: (714) 829 - 4234 (ASSEMBLY AREA)C ACCESSIBLEENTRANCESING NSF APPROVEDSHELVING BASED ON TABLE 1004.1.2 (2019 CBC)SELF-CLOSINGEXISTINGICE MACHINE SERVICECOUNTER oscar.vega@vecodesigns.comA. DINING AREA 1.......................................................1,123 S.F.1 OCC. / 15 S.F. = 1,123 /15 = ........................................75 (E)WORKTABLE C(E) ALCOHOLSTORAGE B. DINING AREA 2...........................................................297 S.F.1 OCC. / 15 S.F. = 297 /15 = ...........................................20 (E) LANDINGA2% SLOPEMAX.TOTAL ........................................................94 OCC. REF.B WOMEN(S)RESTROOMROUTE" SIGN (E) FLOORSINK EXIT ANALYSISTOTAL OCCU................................................................................94EXITS (INCHES PER OCCUPANT):................................................0.2 (E) MOPSINK (E)HOOD 94 (0.2)= 19 INCHESEGRESS WIDTH REQUIRED:..........................................19 INCHESEGRESS WIDTH PROVIDED:.........................................108 INCHES (E) KITCHEN 4 (E) DININGAREA 2 NSF APPROVEDSHELVING 3'-6"DOOR SCHEDULE(E) PASS- THROUGH ACCESSIBLEENTRANCESING EXITING/ NEW SYM A SIZE TYPE QTY 2COUNTER TOP STORE FRONT TEMP. GLASS DOORW/ PANIC HARDWARE OR NOTE 1 BELOW 6'-0" x 6'-8"5 EXISTING EXISTING (E) STORAGE1 ALCOHOLDISPLAY AREA25.0 sq.ft. SOLID, SELF CLOSING DOORW/ PANIC HARDWARE B 3'-0" x 6'-8" 3'-0" x 6'-8" 2 3TACTILE EGRESS3'-0"SIGN(E) WALK INFREEZER EXISTING C COMMERCIAL WOOD DOOR(E) EMPLOYEE AREA 1 NOTES:1.- (E) LANDINGCOUNTER TOP COUNTER *PANIC HARDWARE MAY BE OMITTED FROM A SINGLE DOOR OR DOUBLE DOOR SERVINGAS THE MAIN ENTRY FOR AN A OCCUPANCY WITH 300 OR LESS OCCUPANTS IF A SIGNREADING "THESE DOORS TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED" ISPLACED IN A CONSPICUOUS LOCATION NEAR THE DOOR AND THE DOOR IS EQUIPPEDWITH A KEY-OPERATED LOCK THAT VISUALLY INDICATES WHETHER IT IS LOCKED (E.G.,WITH A VIEW WINDOW THAT HAS A RED/GREEN FLAG OR SAYS "OPEN"/"LOCKED"). IFTHIS EXCEPTION WILL BE USED, A 2% SLOPEMAX.(E) PONY WALL42" HIGH 5'-0""MAX. 94 OCCU."(SIGN)2.- "MAXIMUM EFFORT TO OPERATE DOORS SHALL NOT EXCEED 5 POUNDS FOR EXTERIORDOORS AND INTERIOR DOORS, SUCH PULL OR PUSH EFFORT BEING APPLIED AT RIGHTANGLES TO HINGED DOORS AND AT THE CENTER PLACE OF SLIDING OR FOLDING DOORS.COMPENSATING DEVICES OR AUTOMATIC DOOR OPERATORS MAY BE UTILIZED TO MEETTHE ABOVE STANDARDS. WHEN FIRE DOORS ARE REQUIRED, THE MAXIMUMEFFORT TO OPERATE THE DOOR MAY BE INCREASED TO THE MINIMUM ALLOWABLE BYTHE APPROPRIATE ADMINISTRATIVE AUTHORITY, NOT TO EXCEED 15 POUNDS 1(E) STORAGE2 REVISIONS BY 2'-0"ALCOHOLSTORAGEAREA FLOOR AREA OF ALCOHOLIC STORAGE8.0 sq.ft.TOTAL RESTAURANT AREA ................................ 3,354 sq.ft. = 100% ALCOHOLIC STORAGE AREA .........8 sq.ft. NSF APPROVEDSHELVING 2 3 ALCOHOLIC DISPLAY AREA............25 sq.ft.PROJECT NAME:TOTAL ALCOHOLIC STORAGE & DISPLAY AREA:......33 sq.ft. = X MARISCOS HECTORFORMULA =(E) MEN'SRESTROOMS (E) DINING AREA 1EXIT .A A C B X B C JOB SITE:1210 E McFadden Ave. STB BSanta Ana CA 92705 X = .PHONE:714-585-95463,354 33 100 X 100 333,354 3,3003,354 X === 0.98 sq.ft.B (E) FIXED WINDOWS (E) FIXED WINDOWS (E) FIXED WINDOWS PLAN:9'-3"6'-9"43'-11"TOTAL AREA FOR ALCOHOLIC STORAGE FLOOR PLAN60'-0"AND ALCOHOLIC DISPLAY ...............................33 sq.ft. = 0.98%Existing floor plan N DRAWNO.V.SCOPE OF WORK:- UPGRADE LIQUOR LICENSE FROM 41 TO 47 SCALE: 1/4" = 1'-0"DATE02-10-2023JOB No.21-036SHEETA-2.1Exhibit 5 - Floor Plan OF SHEETS O R A N G E C O U N T Y R E P O R T E R~SINCE 1921~Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701Telephone (714) 543-2027 / Fax (714) 542-6841Visit us @ www.LegalAdstore.com NUVIA OCAMPOCITY OF SANTA ANA/PLANNING & BUILDING AGENCY20 CIVIC CENTER PLAZA 2ND FLRSANTA ANA, CA 92702 OR# 3688940NOTICE OF PUBLIC HEARINGBEFORE THE SANTA ANA PLANNINGCOMMISSION Si tiene preguntas en español, favor dellamar a Nuvia Ocampo (714) 667-2732.Nếu cần liên lạc bằng tiếng Việt, xinđiện thoại cho Tony Lai số (714) 565-2627. The City of Santa Ana encourages thepublic to participate in the decision-making process. This notice is beingsent to those who live or own propertywithin 1000 feet of the project site orwho have expressed an interest in theproposed action. We encourage you tocontact us prior to the Public Hearing ifyou have any questions. 4/10/23 OR-3688940#COPY OF NOTICE Planning Commission Action: ThePlanning Commission will hold a PublicNotice Type:GPN GOVT PUBLIC NOTICE Hearing to receive public testimony, andwill take action on the item describedbelow. Decision on this matter will be finalunless appealed within 10 calendar daysof the decision by any interested party orgroup. Ad Description1208 E McFadden Avenue Project Location: 1208 East McFaddenAvenue located within the PlannedShopping Center (C4) zone.To the right is a copy of the notice you sent to us for publication in theORANGE COUNTY REPORTER. Thank you for using our newspaper. Pleaseread this notice carefully and call us with any corrections. The Proof ofPublication will be filed with the County Clerk, if required, and mailed to youafter the last date below. Publication date(s) for this notice is (are): Project Applicant: Mariscos HectorSports Grill(Applicant) and McFaddenShopping Center LLC (Property Owner)Proposed Project: The applicant isrequesting to upgrade the existing Type41 On-sale Alcoholic Beverage Control (ABC) license for a Type 47 On-SaleAlcoholic Beverage Control (ABC) license.Environmental Impact: Pursuant to theCalifornia Environmental Quality Act(CEQA) and the CEQA Guidelines, theproject is exempt from further reviewpursuant to Section 15301 of the CEQAGuidelines. Categorical Exemption ERNo. 2023-24 will be filled for thisproject. 04/10/2023 Meeting Details: This matter will beheard on Monday, April 24, 2023 at 5:30p.m. in the City Council Chambers, 22Civic Center Plaza, Santa Ana, CA 92701.Members of the public may attend thismeeting in-person or join via Zoom. Forthe most up to date information on how toparticipate virtually in this meeting, please The charge(s) for this order is as follows. An invoice will be sent after the lastdate of publication. If you prepaid this order in full, you will not receive aninvoice.PublicationTotal $113.15$113.15 visit www.santa-ana.org/pb/meeting-participation.Written Comments: If you are unable toparticipate in the meeting, you may sendwrittenPBAeComments@santa-ana.org(reference the Agenda Item comments by e-mail to #in thesubject line) or mail to Nuvia Ocampo,Recording Secretary, City of Santa Ana,20 Civic Center Plaza – M20, Santa Ana,CA 92701. Deadline to submit writtencomments is 4:00 p.m. on the day of themeeting. Comments received after thedeadline may not be distributed to theCommission but will be made part of therecord. Daily Journal CorporationServing your legal advertising needs throughout California.ORANGE COUNTY REPORTER, SANTA ANABUSINESS JOURNAL, RIVERSIDE (714) 543-2027(951) 784-0111(213) 229-5300(213) 229-5300(800) 640-4829(408) 287-4866(916) 444-2355(619) 232-3486(510) 272-4747 Where To Get More Information:Additional details regarding the proposedaction(s), including the full text of thediscretionary item, may be found on theCity website 72 hours prior to the public DAILY COMMERCE, LOS ANGELESLOS ANGELES DAILY JOURNAL, LOS ANGELESSAN FRANCISCO DAILY JOURNAL, SAN FRANCISCOSAN JOSE POST-RECORD, SAN JOSETHE DAILY RECORDER, SACRAMENTOTHE DAILY TRANSCRIPT, SAN DIEGOTHE INTER-CITY EXPRESS, OAKLAND hearing at:https://santa-ana.primegov.com/public/portal.Who To Contact For Questions: Shouldyou have any questions, please contactFernanda Arias with the Planning andBuilding Agency at FArias@santa-ana.orgor 714-667-2792. Note: If you challenge the decision on theabove matter, you may be limited toraising only those issues you or someoneelse raised at the public hearingdescribed in this notice, or in writtencorrespondence delivered to the PlanningCommission or City Council of the City ofSanta Ana at, or prior to, the publichearing. !A000006277512!