By Brian Park
The owner of the Lupe Combs House is seeking the Planning Commission’s approval on Tuesday to sell beer and wine on her property in the Los Rios Historic District, as well as an amendment to allow for outdoor retail use and the go-ahead for the addition of a bathroom, despite the protest of her neighbors.
Monica Mukai owns the historic property, which currently houses the Hummingbird House Café and also includes an old jailhouse building.
City staff is recommending that the Planning Commission approve the amendment to allow outdoor commercial use and the design plans for an additional bathroom but deny Mukai’s request to sell beer and wine “because of the potential to further erode the residential character of the Los Rios Historic District.”
Stephen M. Rios, the current owner of the Rios Adobe, which is the oldest continuously occupied residence in the state, sent a letter to the commission against Mukai’s request.
“Be no question about it, alcohol sales and consumption generate noise, boisterous behavior, and unwanted nighttime activity,” Rios wrote. “Other property owners and concerned individuals, along with me, are still trying to protect our neighborhood, as well as our quality of life. That is why I am strongly opposed to the request.”
In her own letter to the city, Mukai pointed out that other businesses on Los Rios Street already sell beer and wine to go along with food sales. The Tea House on Los Rios and the Ramos House Café both currently operate with alcoholic beverage licenses and under a now-defunct city permit process.
“Beer and wine is already an accepted use in the district and all restaurants should have the same privilege,” Mukai wrote.
If the Planning Commission approves the request to allow beer and wine sales, Mukai will have to apply for a conditional use permit, according to the staff report.
Also on Tuesday’s agenda:
The Planning Commission on Tuesday will also consider if certain right of way allowances for the construction of water utilities are in line with the city’s General Plan.
Santa Margarita Water District agreed to purchase a 40-foot by 108-foot portion of land, located at the northwest corner of Ortega Highway and Antonio Parkway, the city declared surplus in March.
The city and the water district came to a “mutually beneficial” agreement in 2008 to build domestic water, recycled water and wastewater interconnects at the city’s South County Pipeline Control Facility. The connections aim to improve the district’s water distribution system, and in return, the district will be able to service San Juan Capistrano should the facility ever be out of service.
The water district is seeking the city’s final approval before constructing a flow control and pump stations.
The district commissioned an appraisal of the land in 2011 that estimated the cost at $28,880. The appraiser, DiStefano Company, estimated the final market value at $17,000, after a $12,085 subtraction to make the land useable. Then-City Attorney Omar Sandoval said the city had no legal requirement to obtain its own appraisal.
Proceeds from the sale will go toward the city’s water enterprise capital improvement fund, according to the staff report.
