Commission approves two special‑use permits for restaurants serving alcohol at Fenwick Drive despite staff opposition

2730863 · March 22, 2025

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Summary

Two businesses in the Alexander Commercial subdivision at 1119 Fenwick Drive received special‑use permits to serve alcohol after the commission voted to approve the requests despite staff recommending denial on distance criteria to nearby residences.

The planning commission approved special‑use permits allowing restaurants to serve alcohol at two tenant spaces in the Alexander Commercial Subdivision, 1119 Fenwick Drive (Suites 201 and 104).

Staff recommended denial for both applications on the grounds that each location fell short of the required distance from the nearest residential property line; staff measurements cited a 12‑foot shortfall for Suite 201 and a 5‑foot shortfall for Suite 104. The staff report noted the nearest residential property is an apartment complex and referenced the city’s distance measurement procedures.

Speakers for the applicants and supporters addressed the commission. Martin Briseno spoke in support of Suite 201 on behalf of family members opening the restaurant, saying the concept is a small healthy‑food restaurant that would sell minimal alcohol such as mimosas: "They're opening a restaurant in Fenwick... It's gonna be a minor, you know, small amount of sales in that area," he told the commission. For Suite 104, Christian Castro representing Mula's said the business has operated at the site for three years as a food operation and seeks to add alcohol service to the menu.

Commission discussion focused on the distance calculation method (measured to the nearest property line, "as the crow flies") and whether the spirit of the law or the literal distance measurement should apply. Commissioners also noted the sites are on a major commercial arterial with other restaurant uses in the same shopping center.

After deliberation, commissioners moved to approve staff’s recommendation in the second case and, in both hearings, later approved the special‑use permits by voice vote. The transcript records affirmative ‘‘Aye’’ votes and that motions passed; the record does not include a roll‑call tally by name.

Why it matters: The approvals allow two restaurants in a prominent shopping center to serve alcohol. Staff had denied the permits because each site fell short of the residential‑distance standard; commissioners applied discretion and approved the special‑use permits, creating an operational change for the businesses and the complex’s retail mix.