HomeMy WebLinkAbout60A - PC CALL FOR REVIEWREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 5, 2019
TITLE:
CALL FOR REVIEW AND APPEAL REQUEST
BY COUNCILMEMBER PENALOZA OF THE
PLANNING COMMISSION DETERMINATION
REGARDING CONDITIONAL USE PERMIT
NO. 2019-10 AND CONDITIONAL USE
PERMIT NO. 2019-11
{STRATEGIC PLAN NO. 3,31
Isl Kristine Ri
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 111 Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
The City Council after discussing the matter has the following options:
1. If the council is dissatisfied with the action of the Planning Commission or is of the opinion
that the matter is of such magnitude as to be of special interest to the people of the City, it
may, by majority vote, set a public hearing to consider modification of the Planning
Commission action regarding this matter. The meeting would be held at a regular or
adjourned meeting with public notification made by the Planning Department as was
required for the initial hearing; or
2. Take no further action, in which case the Planning Commission approval stands.
BACKGROUND
On October 14, 2019, the Planning Commission held a public hearing on Conditional Use Permit
(CUP) No. 2019-10 for the Mariscos Hector Restaurant located at 1801 South Main Street, Unit
E. Specifically, the Commission reviewed the applicant's request to upgrade their ABC license
from a Type 41 license (on -premise beer and wine) to a Type 47 (on -premise beer, wine and
distilled spirits) license, to expand the existing restaurant into an adjacent suite, and to remain
open after hour from 2:00 pm to 2:00 am. At the conclusion of the hearing, and after receiving
public comments and extensive Commission discussion, the Commission, by a 3:1 vote
(McLoughlin, Nguyen, Cano, yes; Rivera, no; Leo, absent), approved CUP No. 2019-10. In
response to the testimony received at the hearing, the Commission added two new conditions of
approval that requires the storefront (windows and doors) be replaced with soundproof materials,
and requires a six-month review of the premises to ensure compliance with the conditions of
approval. In addition, the Commission also continued the review of CUP No. 2019-11, the
request by the applicant for after hour operations, until the six-month review hearing.
60A-1
Call for Review and Appeal of Conditional Use Permit No. 2019-10 and No. 2019-11
November 5, 2019
Page 2
CALL FOR REVIEW
At the regular City Council Meeting of October 15, 2019, Councilmember Penaloza made a
formal request to place on the agenda for discussion at a regular City Council meeting, a call to
initiate the review and appeal of the determination made by the Planning Commission regarding
the above applications. The call for review and appeal was made in accordance with the
authority and timeframe pursuant to Sections 41-642 and 41-645 of the Santa Ana Municipal
Code.
Attached for City Council's reference and background are the Planning Commission Staff report
and attachments (Exhibit 1), signed resolution (Exhibit 2), and minutes of October 14, 2019
(Exhibit 3).
CITY COUNCIL OPTIONS
The City Council after discussing the matter has the following options:
1. If the council is dissatisfied with the action of the Planning Commission or is of the opinion
that the matter is of such magnitude as to be of special interest to the people of the City it
may, by majority vote, set a public hearing to consider modification of the Planning
Commission action regarding this matter. The meeting would be held at a regular or
adjourned meeting with public notification made by the Planning Department as was
required for the initial hearing; or
2. Take no further action, in which case the Planning Commission approval stands.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Minh Thai
Executive Director
Planning and Building Agency
VF/vf
S:RFCA\11-05-19\Mariscos Hector
Exhibits: 1. Planning Commission staff report
2. Signed Resolution
3. Minutes of October 15, 2019
60A-2
EXHIBIT 1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
OCTOBER 14, 2019
TITLE:
PUBLIC HEARING — CONDITIONAL USE PERMIT NO.
2019-10 AND NO. 2019-11 TO ALLOW THE SALE OF
DISTILLED SPIRITS FOR ON -PREMISE CONSUMPTION
AND TO OPERATE UNTIL 2 AM AT MARISCOS
HECTOR #1 LOCATED AT 1801 SOUTH MAIN STREET,
UNITS D AND E {STRATEGIC PLAN NO. 3,2)
Prepared by Vince Fregoso
PLANNING COMMISSION SECRETARY
APPROVED
❑
As Recommended
❑
As Amended
❑
Set Public Hearing For
DENIED
❑
Applicant's Request
❑
Staff Recommendation
CONTINUED TO
Executive Director Interim Planni Man ger
RECOMMENDED ACTION
1. Approving Conditional Use Permit No. 2019-10 as conditioned for a Type 47 Alcoholic
Beverage Control (ABC) License to allow the sale of beer, wine and distilled spirits.
2. Continue Conditional Use Permit No. 2019-11 to April 27, 2020 at the request of staff.
Executive Summary
Mark Gaughan, representing Mariscos Hector#1, is requesting approval of Conditional Use Permit
(CUP) No. 2019-10 to upgrade an existing alcoholic beverage control license (ABC) from a Type
41 to a Type 47 license and allow for the sale of distilled spirits in addition to beer and wine
currently available for on premise consumption. In addition, the applicant is proposing to expand
the existing restaurant and is requesting approval to sell alcoholic beverages within the additional
floor area. The existing restaurant is currently selling alcohol under Land Use Certificate No.
1988-15. Modifications to a previously approved land use certificate necessitates the filing of a
new application for a conditional use permit. Staff is recommending approval of the applicant's
request. Further, the applicant is requesting approval of CUP No. 2019-11 to allow the
restaurant to remain open until 2 a.m. on Friday, Saturday and holidays. However, both staff and
the applicant are requesting that this item be continued for six months to allow the applicant and
staff the ability to continue to meet with the community regarding the proposed extended hours
and potential community concerns in an effort to avoid impacts to the surrounding uses.
Table 1: Project and Location Information
Item
Information
Project Address
1801 S. Main Street, Units D and E
Nearest Intersection
Main Street and East Saint Andrew Place
General Plan Designation
General Commercial (GC)
60A-3
CUP Nos. 2019-10 and 2019-11
October 14, 2019
Page 2
Item
Information
Zoning Designation
South Main Commercial District (C-SM)
Surrounding Land Uses
North
Commercial
East
Residential
South
Commercial
West
Commercial
Property Size
20,038 s . ft.
Existing Site Development
The site is developed with a 6,650 square -foot commercial building.
Use Permissions
Allowed with a conditional use permit CUP
Zoning Code Sections Affected
Uses
I Section 41-196 & 41-521 SAMC
Operational Standards
I Section 41-196 SAMC
Project Description
Mariscos Hector #1 currently occupies an 1,850 square foot tenant space within a 6,650 square
foot retail center on South Main Street. The applicant has acquired the rights to a full alcoholic
beverage license from ABC and is now requesting approval of a conditional use permit from the
City to allow the sale of beer, wine, and distilled spirits for on premise consumption. In
conjunction with this request, the applicant is proposing to expand into an adjacent 600 square
foot tenant space (Unit D) and sell alcoholic beverages within this new floor area. A conditional
use permit is required since the ABC license is being upgraded to allow for the sale of distilled
spirits and alcohol will be sold in an expanded area, while Land Use Certificate No. 1988-15 only
allowed the sale of beer and wine for on premise consumption within the original restaurant floor
area. If approved, the conditional use permit will incorporate and supersede LUC No. 1988-15.
In addition, the applicant is requesting approval of a separate CUP to allow the after-hours
operation of the restaurant and remain open until 2 a.m. on Friday, Saturday and holidays.
Table 2: Operational Standards
Standards
Required by SAMC
Proposed
Eating Establishment Type
Bona -Fide
Bona -Fide
Hours of Operation
5:00 am to 12:00 am
8:00 am to 12:00 am
Window Display
25% of Window Coverage
Complies
Live Entertainment
Entertainment Permit
Applicant in process of obtaining
a new permit
Alcohol Storage and Display
5% of G.F.A
1.6% of G.F.A
Exterior Telephone
Prohibited
None
Parking Required
38 stalls
34 stalls
Project Background and Chronology
In 1986, a five -unit, 6,650 square foot commercial building was constructed on the site. In 1988,
Mariscos Hector replaced the former restaurant within Unit E and began selling beer and wine for
on premise consumption as allowed by Land Use Certificate No. 1988-15. The current owner of
Mariscos Hector #1 has been operating the South Main Street restaurant since 2005. There are
60A-4
CUP Nos. 2019-10 and 2019-11
October 14, 2019
Page 3
three other Mariscos Hector restaurants in the City that the owner is affiliated with. Two are
wholly owned by the applicant, with the applicant having majority control of the third
establishment.
In 2014, a conditional use permit application was submitted to expand the restaurant and beer
and wine sales into the adjacent tenant space (Unit D); however, the applicant elected to
withdraw the application prior to scheduling the item for a Planning Commission public hearing.
In early 2017, the applicant received authorization from the Department of Alcoholic Beverage
Control (ABC) to upgrade from a Type 41 to a Type 47 alcoholic beverage license and allow the
sale of distilled spirits in addition to beer and wine. Around the same time, the adjacent 600
square foot space (Unit D) became vacant, with the restaurant leasing the space for future
expansion. In response, the applicant submitted a conditional use permit application to the
Planning Division. In March 2017, a public hearing was held by the Planning Commission for
Conditional Use Permit No. 2017-03. After receiving public testimony on the application, the
Commission denied the request to upgrade the license. The denial was based on feedback from
the community that included concerns with noise, crime, on -site disturbances, on operational
issues occurring at the restaurant. Since the denial, the applicant has secured a new
management team and has applied for the ABC license upgrade and to operate until 2 a.m. on
Friday, Saturday and holidays.
Proiect Analysis
Conditional use permit requests are governed by Section 41-638 of the SAMC. Conditional use
permits 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 conditional use
permit. 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. In analyzing the
applicant's request, staff analyzed several specific elements, including a review of the site to
ensure it was in compliance with City operational standards, a review of the amount and type of
code enforcement activity occurring on the site, analysis of the type and volume of Police related
calls for service to both the restaurant and site, and a review of compliance with State ABC
standards. Staff has reviewed the applicant's request to upgrade the alcoholic beverage control
license to allow for sale of distilled spirits in addition to beer and wine and has determined that
approval of the conditional use permit will not be detrimental to the health, safety, and welfare of
the community. As proposed, the restaurant will continue to operate as a sit-down bona -fide
eating establishment and is proposing to increase in size to 2,450 square feet by expanding into
an adjacent 600 square foot space.
The other commercial uses located on the property are a mix of retail and office uses. The
subject site is not located within immediate proximity to parks, playgrounds, or schools. The
closest school facilities are Edison Elementary and St. Anne School which are over 1,000-feet
60A-5
CUP Nos. 2019-10 and 2019-11
October 14, 2019
Page 4
away and there are two churches within 500-feet of the subject site. There are residential
properties to the east that abut the restaurant use.
Mariscos Hector #1 is an established restaurant which provides a dining service to the
community and visitors of the City. The license upgrade will allow the restaurant to remain
competitive with similar establishments and economically viable. In addition, the on -site sale of
alcohol to customers is an ancillary service to the primary restaurant use.
Currently, the subject site does not conform to the City's off-street parking regulations as the
parking requirement for restaurant uses has changed since the structure was constructed.
Regardless, since a restaurant has been at this location since the building was constructed, the
restaurant may continue as a nonconforming use. And, per Section 41-1309.1 of the SAMC, the
600 square foot expansion area is exempt from complying with the higher restaurant parking
standard as this Code section allows tenant spaces less than 2,500 square feet in size (the
expanded restaurant will be 2,450 square feet) to continue to be parked at the lower retail rate.
Conditions of approval are proposed that will bring the window signage into conformance with
the Municipal Code.
As part of the application process, the application was reviewed by the Police Department and
Code Enforcement Division which have no issues of concern regarding the license upgrade. The
restaurant is currently in compliance with all applicable regulations and conditions imposed on an
eating establishment selling beer, wine and distilled spirits pursuant to Chapter 41 of the SAMC.
Furthermore, the operational standards for on -sale establishments and periodic monitoring will
ensure that the use will not deviate from the planned operation reviewed under this application
and will mitigate any potential impacts created by such use.
Table 3: Police Department Analysis and Criteria for Recommendation
Police Department Analysis and Criteria for Recommendation
Police Grid No. and
Rank
Reporting Grids (id percentile)
Police Grid No. 188; ranked 5 out of 103 Police Re 4
Threshold for High
This reporting district is above the 20 percent threshold established by the State
Crime
for high crime.
Police Department
The Police Department contends that the operational standards applicable to on -
Recommendation
premise ABC licenses will mitigate any potential impacts to the surrounding
community and therefore does not oppose the granting of a CUP.
For on -sale 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 also are utilized by the State Department of Alcoholic Beverage Control (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
. 1 M
CUP Nos. 2019-10 and 2019-11
October 14, 2019
Page 5
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 State 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.
After reviewing the applicant's proposal, and reviewing the crime statistics for the area for the
past year, the Police Department has no concerns and is supportive of the applicants CUP
request for a Type 47 ABC license.
Planning Commission Follow -Up from April 22, 2019 Meeting
On April 22nd, 2019, the Planning Commission held a public hearing on this item. During the
hearing, several speakers raised concerns with the existing operation of the restaurant. At the
conclusion of the hearing, the Commission continued the item and asked staff to follow-up with
the community in an effort to obtain solutions to the issues.
On June 24th, 2019, a Community Meeting was held with the Madison Park Board, City staff and
representatives from Mariscos Hector. During this meeting, several issues were raised, including
concerns that tequila shots were being served in violation of Mariscos Hector's current ABC
license, concerns with the operation of the existing restaurant at McFadden and Standard
Avenues, loud noise coming from the restaurant, economic incentives for upgrading the ABC
license, and a perceived overconcentration of ABC licenses in the area. The applicant
responded that hard liquor (tequila) was not being served but an agave wine product, that the
applicant for this project (Ms. Sebold) is in the process of obtaining control over the majority of
the Mariscos Hector restaurants in an effort to resolve issues at each restaurant, and that the
ABC upgrade would ensure the restaurant remains competitive with similar restaurants in the
area. At the conclusion of the meeting, the participants agreed to meet again to continue their
dialogue.
On July 29th, 2019, a follow-up meeting was held that also included interested groups including
Santa Ana Healthy Neighborhood Alliance, Wilshire Square and Memorial Park Neighborhood
representatives. Further discussion ensued on identifying additional ways to outreach to the
community, the creation of a Google Docs tool for residents to report incidents/impacts from the
restaurant in -lieu of contacting the Police Department, and the need to transition the restaurant
to one that caters to families. The applicant responded that changes such as revised hours of
operation and incorporating breakfast items into the menu are being considered by the applicant.
Following the July 29th community meeting, the Google Docs tool was intended to be used by
interested community members to document restaurant related issues. Google Docs also
allowed the applicant and City staff to provide updates to the issues that were noted in the
document. In reviewing the document, members of the community raised several concerns
directly to staff between July 30th to August 20th. Of these concerns, only three were related to
Mariscos Hector, with the other four concerning an adjacent restaurant and possible brothel.
The Mariscos Hector complaints included possible after-hours activities being conducted without
approval, drug sales occurring on the premises, and an unpermitted expansion. Staff has
60A-7
CUP Nos. 2019-10 and 2019-11
October 14, 2019
Page 6
investigated these items and was not able to find supporting evidence substantiating the
allegations. Staff requested Police Department assistance to determine if after-hours operations
were occurring on the premises. A Police Department site visit in mid -September at 12:30 a.m.
verified that the restaurant was closed per City regulations. Further, an updated records search
of Police activity identified two calls for service at this location since the April Planning
Commission meeting. One call for service was for disturbing the peace (music related), with the
other call a report of a stolen vehicle. Finally, Code Enforcement records have been reviewed to
identify any recent activity. There have not been any recent complaints at Mariscos Hector.
Staff is sensitive to the concerns of the community and will continue to follow-up on nuisance
complaints generated from the premises. Staff is also aware that the applicant has made an
effort to address any issues that have arisen from the restaurant. The Police Department has
received minimal calls for service from this facility and does not consider this site to be a
nuisance location. To address any unforeseen circumstances, staff recommends that a
condition be added to require a six-month review of the site to verify compliance with operational
standards associated with an ABC license and with the conditions of approval. It is further
recommended that the Planning Commission continue the request to operate after-hours for six
months, which will provide staff the ability to analyze any impacts from the ABC license upgrade.
Table 4, CEQA. Strategic Plan Alignment, and Public Notification & Community Outreach
CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach
CEQA
CEQA Type
General Rule Section 15061 b 3
Reason(s)
This exemption applies to projects where it can be seen with certainty that there is
Exempt or Analysis
no possibility that the activity in question may have a significant effect on the
environment. The project proposes to allow the operation of a Type 47 alcoholic
beverage control license to sell beer, wine, and distilled spirits at an existing
bona -fide restaurant and to allow the restaurant to expand into an adjacent 600
square foot vacant space. The City has determined that the use will not create
any adverse impacts such as noise, traffic, or safety concerns.
Strategic Plan Alignment
Goal(s) and
Approval of this item supports the City's efforts to meet Goal No.3 (Economic
Policy(s)
Development) Objective No. 2 of creating new opportunities for business/job
growth and encourage private development through new General Plan and
Zoning Ordinance policies.
Public Notification & Community Outreach
Required Measures
A public notice was posted on the project site on October 3, 2019.
Notification by mail was mailed to all property owners and occupants within 500
feet of the project site on October 3, 2019.
Newspaper posting was published in the OC Reporter on October 4, 2019.
Additional
The presidents of the Madison and Memorial Park Neighborhood Association
Measures
were contacted regarding this application. Concerns were raised regarding noise,
adverse impacts the compatibility of the restaurant with the adjacent community.
.1 m
CUP Nos. 2019-10 and 2019-11
October 14, 2019
Page 7
Economic Development Benefits
The project will generate additional sales tax revenue, increase the number of permanent jobs and
will provide additional dining options for the community. In addition, the expansion of the restaurant
into an adjacent and vacant tenant space will require that permit and inspection fees be paid to the
City. It is estimated that a slight increase in sales volume will occur from the enlarged restaurant
with additional seating areas and from the sales of distilled spirits.
Conclusion
Based on the analysis provided within this report, staff has determined that the proposed project
is in compliance with the City's operational standards for uses with alcoholic beverages. Further,
the project site has no open code enforcement violations and is compliant with State ABC
regulations. The Police Department has analyzed crime statistics for the site for the past year
and did not identify any issues with the restaurant. Finally, staff and the applicant have met with
the community on two occasions to understand and address their concerns. As a result, staff
recommends that the Planning Commission approve Conditional Use Permit No. 2019-10 as
conditioned to allow an upgrade to a Type 47 ABC license. Further, staff recommends that the
Planning Commission continue Conditional Use Permit No. 2019-11 until April 27, 2020 to allow
staff and the applicant the ability to continue dialogue with the adjacent neighborhoods.
Vince Fregoso, AJOP
Interim Plannin e7oger
VF:sb
S/Planning CommissioNl0-14-19/CUP 2019-10 & 11
Attachments:
Exhibit 1 — Resolution
Exhibit 2 — Vicinity Map
Exhibit 3 — Site Plan
Exhibit 4 — Floor Plan
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60A-10
EXHIBIT 1
60A-11
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60A-12
LS 10.14.19
RESOLUTION NO. 2019-xx
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2019-10 AS CONDITIONED TO ALLOW
THE SALE OF DISTILLED SPIRITS FOR ON -PREMISES
CONSUMPTION AT MARISCOS HECTOR #1
RESTAURANT LOCATED AT 1801 SOUTH MAIN STREET,
UNITS D AND E
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. Mark Gaughan ("Applicant'), representing Mariscos Hector#1, is requesting
approval of Conditional Use Permit No. 2019-10 to allow the sale of distilled
spirits in addition to the currently allowed beer and wine sales for on
premises consumption for the property located at 1801 South Main Street,
Unit E. Applicant is proposing to expand into an adjacent tenant space, Unit
D, and is requesting approval to sell alcoholic beverages within the
additional floor area.
B. In 1988, Land Use Certificate No. 1988-15 was transferred from Senor
Pollo to Mariscos Hector restaurant to allow for the sale of beer and wine
for on -premises consumption.
C. Santa Ana Municipal Code Section 41-196 requires approval of a
conditional use permit for establishments selling alcoholic beverages for
on- or off -premise consumption.
D. On April 22, 2019, the Planning Commission held a duly noticed public
hearing for Conditional Use Permit No. 2019-10. At the conclusion of this
hearing, the Commission continued the item to allow staff, the Applicant,
and the interested neighborhood groups the ability to address potential
impacts from the restaurant.
E. On October 14, 2019, the Planning Commission held a duly noticed public
hearing for Conditional Use Permit No. 2019-10.
F. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code ("SAMC°) Section 41-638, have
been established for Conditional Use Permit No. 2019-10 to allow the sale
of distilled spirits for on -premises consumption at Mariscos Hector #1 at
1801 South Main Street, Units D and E:
Resolution No. 2019-xx
60A-1 3 Page 1 of
That the proposed use will provide a service or facility which will
contribute to the general well being of the neighborhood or
community.
The proposed sale of alcoholic beverages for on -premises
consumption at this location will provide an ancillary service to
the restaurant's customers by allowing them the ability to
purchase alcohol with their meal. This will thereby benefit the
community by providing a restaurant with an additional and
complementary food related amenity. Operational standards
applicable to the alcoholic beverage control license will
mitigate any potential impacts created by the use and 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 proposed sale of alcoholic beverages 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 alcoholic beverage control license will
address any potential negative or adverse impacts created
by the use. Mariscos Hector #1 is a bona -fide restaurant and
the addition of alcohol will be ancillary to the main use. All of
the operational standards identified in SAMC Sec. 41-196
will apply to this establishment. Finally, the sale of alcohol in
the restaurant will be incidental to the primary use as a bona
fide eating establishment and will occur within the premises.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the restaurant to
compete with other nearby restaurants that offer a full
selection of alcoholic beverages for sale to their customers.
Moreover, the offering of alcoholic beverages will allow
Mariscos Hector #1 to remain economically viable and
competitive with nearby full -service restaurants in the local
vicinity and contribute to the overall success of the City of
Santa Ana, attracting visitors and residents to the area.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
Resolution No. 2019-xx
60A-1 4 Page 2 of 7
The proposed conditional use permit will be in compliance
with all applicable regulations and operational standards
imposed on a restaurant selling alcoholic beverages for on -
premises consumption pursuant to Chapter 41 of the SAMC.
The facility will be maintained as a full -service, bona -fide
eating establishment, having suitable kitchen facilities and
supplying an assortment of foods. Additionally, the restaurant
will utilize less than five (5%) percent of the gross floor area
for display and storage of alcoholic beverages, which is the
maximum threshold established by the Santa Ana Municipal
Code. Operational standards 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 proposed sale of alcoholic beverages for on -premises
consumption at this location will not adversely affect the
General Plan or any specific plan. The granting of this
conditional use permit supports several policies contained in
the General Plan. Policy 2.2 of the Land Use Element
encourages land uses that accommodate the City's needs
for goods and services. Providing a variety of full -service
restaurants that provide alcoholic beverages as part of their
menu offers additional dining options for Santa Ana
residents and visitors. Policy 2.9 supports developments that
create a business environment that is safe and attractive. The
property maintenance condition of approval will maintain a
safe and attractive environment in the community. Further,
operational standards for the proposed ABC license will
maintain a safe and attractive environment in the
neighborhood. Policy 5.5 of the Land Use Element
encourages development that is compatible with and
supporting of surrounding land uses. Mariscos Hector #1 is
located within a commercial shopping center and its
operation is compatible with the surrounding commercial
businesses.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
and the CEQA Guidelines, the recommended action is exempt from CEQA per Section
15061(b) (3). This exemption applies to projects where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment. The project proposes to allow the on -premises sale of alcoholic beverages
at a full -service restaurant and minor interior tenant improvements. There is no
Resolution No. 2019-xx
60A-1 5 Page 3 of 7
reasonable possibility that the project will have a significant effect on the environment due
to the facility having the necessary infrastructure to operate the proposed use and no new
expansion of the existing building is proposed.
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, regulation, or any decision of a
court of competent jurisdiction. It is expressly agreed that the City shall have the right to
approve, which approval will not be unreasonably withheld, 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. 2019-10 as conditioned
in Exhibit A, attached hereto and incorporated herein, for the alcoholic beverage control
license for the sale of alcohol for on -premises consumption for the project located at
1801 South Main Street, Units D and E. This decision is based upon the evidence
submitted at the abovesaid hearing, which includes, but is not limited to: the Request
for Planning Commission Action dated October 14, 2019, and exhibits attached thereto;
and the public testimony, written and oral, all of which are incorporated herein by this
reference.
ADOPTED this 14th day of October, 2019.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
Resolution No. 2019-xx
60A-1 6 Page 4 of 7
Mark McLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2019-xx to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on October 14, 2019.
Date:
Commission Secretary
City of Santa Ana
Resolution No. 2019-xx
60A-1 7 Page 5 of 7
EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2019-10
Conditional Use Permit No. 2019-10 for on -premises consumption of alcoholic
beverages 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 Building Standards Code and all other applicable regulations.
The Applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
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 conditional use permit.
The sales, service, and consumption of alcoholic beverages shall be permitted in
accordance with the operational standards for on -sale establishments pursuant
to Section 41-196(g) of the SAMC and in accordance with the provisions of a
Type-47 alcohol license by the State Alcohol Beverage Control Board (ABC).
2. Prior to release of the ABC license, the window tinting shall be removed to be in
compliance with the Municipal Code.
3. Prior to release of the ABC license, a new entertainment permit shall be applied
for and be approved.
4. If off -site parking is proposed, the lot shall comply with the City's Building
Security Ordinance (i.e. parking lot lighting).
5. Prior to release of the ABC license, a Property Maintenance Agreement must 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:
(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.);
Resolution No. 2019-xx
60A-18 Page 6 of 7
(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 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.
(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. 2019-xx
60A-1 9 Page 7 of 7
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60A-20
EXHIBIT 2
60A-21
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60A-22
4/10/2019
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LS 10.14.19
RESOLUTION NO. 2019-xx
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2019-10 AS CONDITIONED TO ALLOW
THE SALE OF DISTILLED SPIRITS FOR ON -PREMISES
CONSUMPTION AT MARISCOS HECTOR #1
RESTAURANT LOCATED AT 1801 SOUTH MAIN STREET,
UNITS D AND E
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. Mark Gaughan ("Applicant'), representing Mariscos Hector#1, is requesting
approval of Conditional Use Permit No. 2019-10 to allow the sale of distilled
spirits in addition to the currently allowed beer and wine sales for on
premises consumption for the property located at 1801 South Main Street,
Unit E. Applicant is proposing to expand into an adjacent tenant space, Unit
D, and is requesting approval to sell alcoholic beverages within the
additional floor area.
B. In 1988, Land Use Certificate No. 1988-15 was transferred from Senor
Pollo to Mariscos Hector restaurant to allow for the sale of beer and wine
for on -premises consumption.
C. Santa Ana Municipal Code Section 41-196 requires approval of a
conditional use permit for establishments selling alcoholic beverages for
on- or off -premise consumption.
D. On April 22, 2019, the Planning Commission held a duly noticed public
hearing for Conditional Use Permit No. 2019-10. At the conclusion of this
hearing, the Commission continued the item to allow staff, the Applicant,
and the interested neighborhood groups the ability to address potential
impacts from the restaurant.
E. On October 14, 2019, the Planning Commission held a duly noticed public
hearing for Conditional Use Permit No. 2019-10.
F. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code ("SAMC) Section 41-638, have
been established for Conditional Use Permit No. 2019-10 to allow the sale
of distilled spirits for on -premises consumption at Mariscos Hector #1 at
1801 South Main Street, Units D and E:
Resolution No. 2019-xx
60A-33 Page 1 of 7
1. That the proposed use will provide a service or facility which will
contribute to the general well being of the neighborhood or
community.
The proposed sale of alcoholic beverages for on -premises
consumption at this location will provide an ancillary service to
the restaurant's customers by allowing them the ability to
purchase alcohol with their meal. This will thereby benefit the
community by providing a restaurant with an additional and
complementary food related amenity. Operational standards
applicable to the alcoholic beverage control license will
mitigate any potential impacts created by the use and 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 proposed sale of alcoholic beverages 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 alcoholic beverage control license will
address any potential negative or adverse impacts created
by the use. Mariscos Hector #1 is a bona -fide restaurant and
the addition of alcohol will be ancillary to the main use. All of
the operational standards identified in SAMC Sec. 41-196
will apply to this establishment. Finally, the sale of alcohol in
the restaurant will be incidental to the primary use as a bona
fide eating establishment and will occur within the premises.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the restaurant to
compete with other nearby restaurants that offer a full
selection of alcoholic beverages for sale to their customers.
Moreover, the offering of alcoholic beverages will allow
Mariscos Hector #1 to remain economically viable and
competitive with nearby full -service restaurants in the local
vicinity and contribute to the overall success of the City of
Santa Ana, attracting visitors and residents to the area.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
Resolution No. 2019-xx
60A-34 Page 2 of 7
The proposed conditional use permit will be in compliance
with all applicable regulations and operational standards
imposed on a restaurant selling alcoholic beverages for on -
premises consumption pursuant to Chapter 41 of the SAMC.
The facility will be maintained as a full -service, bona -fide
eating establishment, having suitable kitchen facilities and
supplying an assortment of foods. Additionally, the restaurant
will utilize less than five (5%) percent of the gross floor area
for display and storage of alcoholic beverages, which is the
maximum threshold established by the Santa Ana Municipal
Code. Operational standards 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 proposed sale of alcoholic beverages for on -premises
consumption at this location will not adversely affect the
General Plan or any specific plan. The granting of this
conditional use permit supports several policies contained in
the General Plan. Policy 2.2 of the Land Use Element
encourages land uses that accommodate the City's needs
for goods and services. Providing a variety of full -service
restaurants that provide alcoholic beverages as part of their
menu offers additional dining options for Santa Ana
residents and visitors. Policy 2.9 supports developments that
create a business environment that is safe and attractive. The
property maintenance condition of approval will maintain a
safe and attractive environment in the community. Further,
operational standards for the proposed ABC license will
maintain a safe and attractive environment in the
neighborhood. Policy 5.5 of the Land Use Element
encourages development that is compatible with and
supporting of surrounding land uses. Mariscos Hector #1 is
located within a commercial shopping center and its
operation is compatible with the surrounding commercial
businesses.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
and the CEQA Guidelines, the recommended action is exempt from CEQA per Section
15061(b) (3). This exemption applies to projects where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment. The project proposes to allow the on -premises sale of alcoholic beverages
at a full -service restaurant and minor interior tenant improvements. There is no
Resolution No. 2019-xx
60A-35 Page 3 of 7
reasonable possibility that the project will have a significant effect on the environment due
to the facility having the necessary infrastructure to operate the proposed use and no new
expansion of the existing building is proposed.
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, regulation, or any decision of a
court of competent jurisdiction. It is expressly agreed that the City shall have the right to
approve, which approval will not be unreasonably withheld, 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. 2019-10 as conditioned
in Exhibit A, attached hereto and incorporated herein, for the alcoholic beverage control
license for the sale of alcohol for on -premises consumption for the project located at
1801 South Main Street, Units D and E. This decision is based upon the evidence
submitted at the abovesaid hearing, which includes, but is not limited to: the Request
for Planning Commission Action dated October 14, 2019, and exhibits attached thereto;
and the public testimony, written and oral, all of which are incorporated herein by this
reference.
ADOPTED this 14th day of October, 2019.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
Resolution No. 2019-xx
60A-36 Page 4 of 7
Mark McLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2019-xx to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on October 14, 2019.
Date:
Commission Secretary
City of Santa Ana
Resolution No. 2019-xx
60A-37 Page 5 of 7
Ircll 1rr_�
Conditions of Approval for Conditional Use Permit No. 2019-10
Conditional Use Permit No. 2019-10 for on -premises consumption of alcoholic
beverages 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 Building Standards Code and all other applicable regulations.
The Applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
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 conditional use permit.
1. The sales, service, and consumption of alcoholic beverages shall be permitted in
accordance with the operational standards for on -sale establishments pursuant
to Section 41-196(g) of the SAMC and in accordance with the provisions of a
Type-47 alcohol license by the State Alcohol Beverage Control Board (ABC).
2. Prior to release of the ABC license, the window tinting shall be removed to be in
compliance with the Municipal Code.
3. Prior to release of the ABC license, a new entertainment permit shall be applied
for and be approved.
4. If off -site parking is proposed, the lot shall comply with the City's Building
Security Ordinance (i.e. parking lot lighting).
5. Prior to release of the ABC license, a Property Maintenance Agreement must 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:
(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.);
Resolution No. 2019-xx
60A-38 Page 6 of 7
(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 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.
(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.
6. Prior to issuance of the ABC license to the State Board of Alcoholic Beverages,
the Applicant shall obtain building permits to replace the existing restaurant
storefront with a soundproof storefront (Added by the Planning Commission
on October 14, 2019).
7. A six-month review of the CUP shall be conducted by staff to ensure compliance
with City code and the conditions of approval (Added by the Planning
Commission on October 14, 2019).
Resolution No. 2019-xx
60A-39 Page 7 of 7
*:/:II-1h010
ACTION MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA, CALIFORNIA
OCTOBER 14, 2019
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
5:38 P.M.
ATTENDANCE COMMISSIONERS Present:
ANGIE CANO
MARK MCLOUGHLIN, Chair
KENNETH NGUYEN
FELIX RIVERA (arrived at 6:11 p.m.)
COMMISSIONERS Absent:
CYNTHIA CONTRERAS-LEO. Vice Chair
PLANNING & BUILDING AGENCY STAFF Present:
MINH THAI, Executive Director
VINCE FREGOSO, Planning Manager
LISA STORCK, Assistant City Attorney
SARAH BERNAL, Recording Secretary
2. CONDITIONAL USE PERMIT NO. 2019-10 AND CONDITIONAL USE PERMIT NO. 2019-
11 —Case Planner, Vince Fregoso
LOCATION: 1801 South Main Street, Units D and E in the South Main Commercial District
(C-SM) zone.
REQUEST: The applicant, Mariscos Hector #1, is requesting approval of two conditional
use permits to allow (1) an existing Type 41 (On Sale Beer and Wine — Eating Place)
Alcoholic Beverage Control (ABC) license for the sale of beer and wine for on -premise
consumption in Unit E to be upgraded to a Type 47 (On Sale General — Eating Place) ABC
license to allow the sale of beer, wine and distilled spirits for on -premise consumption in
Units D and E, and (2) after-hours operation until 2:00 a.m.
The following individuals submitted written correspondence.
First Name
Last Name
Organization
Favor
Oppose
General
Mark
Gaughan
Genesee Group
X
Mark
Gaughan
Genesee Group
X
Tim
Rush
X
TOTAL
2
1
0
Chair McLoughlin disclosed the Mark Gaughan, applicant, contacted him regarding the
project.
Case Planner Fregoso provided a presentation. Commission discussion ensued regarding
hours of operation.
Chair McLoughlin opened the Public Hearing.
The applicant, Mark Gaughan, Jose Tarifa, Operations Manager, and Maria Sebold, Owner,
spoke in support of the matter.
The following individuals spoke in opposition of the matter. Those in opposition expressed
concern regarding noise, parking, and intoxicated patrons. Posited that the establishment
has a negative effect on the community.
Dr. Loretta Bailes
Susana Sandoval
Iram Jauregui
• Richard Santana
• Tim Rush
• Abigail Alvarez
The following individuals spoke in support of the matter. Those in support of the matter
posited that the establishment provides a benefit to the community.
Enrique Mendoza
Linda Aguilar
Ernesto Quintero
Juan Jose Tarifa
• Jose Gonzalez
• Joe Sebold
• Arthur Newton
The applicant was provided an opportunity to respond to comments. Chair McLoughlin
granted Richard Santana, resident, an additional three minutes to make additional
comments in opposition to the project.
There were no other speakers and the Public Hearing was closed.
Commission discussion ensued regarding the revocation process, conditions of approval,
reduced hours of operation, after-hours operation, and soundproofing the windows to
address noise concerns.
MOTION: Cano
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Nguyen
Cano, McLoughlin, Nguyen (3)
Rivera (1)
None (0)
Contreras -Leo (1)
60A-41
MOTION:
a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-10 AS
CONDITIONED TO ALLOW THE SALE OF DISTILLED SPIRITS FOR ON -PREMISE
CONSUMPTION AT MARISCOS HECTOR #1 RESTAURANT LOCATED AT 1801
SOUTH MAIN STREET, UNITS D AND E with following added conditions: (1)
Replace the existing storefront with a soundproof installation prior to release of
the Type 47 ABC license; and, (2) Conduct a six month review of the CUP.
b) Continue consideration of Conditional Use Permit No. 2019-11 (after-hours) until
April 27, 2020.
60A-42