AGENDA CAPTION:
Title
Vr-21-01 (El Jefe Distance Variance) Hold a public hearing and consider a request by Edwin M Mendez, on behalf of El Jefe 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. (J.Cleary)
Body
Meeting date: May 11, 2021
Department: Planning and Development Services
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Background Information:
The applicant is requesting this Variance in conjunction with a new Conditional Use Permit (CUP-21-14) for the sale of alcohol less than 300’ from the Doris Miller Middle School site. The property previously housed the Komal Latin Kitchen, which received a Conditional Use Permit and associated Variance to serve alcohol in 2017.
A letter of no-objection has been received from the San Marcos CISD Superintendent, subject to the inclusion of language on the menu which is proposed as a condition to the associated CUP. The main entrance is more than 200’ away from the main entrance of the school, and the applicant shall be required to submit annual reports showing that alcohol sales make up less than 25% of total revenue, as required by Section 2.8.3.7 of the Land Development Code.
Council Committee, Board/Commission Action:
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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.