AGENDA CAPTION:
Title
VR-25-12 (Jorge’s Mexican Restaurant) Hold a public hearing and consider a request by Jorge Ruiz Martinez, on behalf of Jorge’s Mexican Restaurant, for a variance to Section 5.1.5.5. of the San Marcos Development Code, regarding the Sale and On-Premise Consumption of Alcohol within 300 ft. of a public or private school, located at 2550 Hunter Road, Suite 1106. (C. Garrison)
Body
Meeting date: October 28, 2025
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
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Fiscal Note:
Prior Council Action: N/A
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Background Information:
This Variance application accompanies CUP-25-59 Jorge’s Mexican Restaurant and is for relief to the 300 ft. distance requirement from public or private schools. A CUP and variance to the distance requirement were previously approved at this location in 2023 and 2024 for Jorge’s Mexican Restaurant and in 2021 for a different restaurant.
Council Committee, Board/Commission Action:
N/A
Alternatives:
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Recommendation:
Staff recommends approval with the following conditions:
1. The Variance shall be valid for one (1) year (concurrent with the associated Conditional Use Permit), provided standards are met; and
2. The following statement shall be included on all restaurant menus: “Due to the close proximity of a school campus, please be alert for students and drive carefully. This restaurant will accommodate, as necessary, any individual that needs transportation after consuming alcoholic beverages”; and
3. The restaurant shall operate such that gross revenue from alcohol sales will be less than 25% of total gross revenue for the business, with the restaurant submitting annual reports indicating this condition has been met.