AGENDA CAPTION:
Title
CUP-24-05 (Gumby’s Pizza) Hold a public hearing and consider a request by Gumby’s of San Marcos, for a renewal of a Conditional Use Permit to allow on premise consumption of Mixed Beverages located at 312 West Hopkins Street. (C. Garrison)
Body
Meeting date: March 26, 2024
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: N/A
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Funds Available: N/A
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Fiscal Note:
Prior Council Action: N/A
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Vision San Marcos - A River Runs Through Us
Background Information:
The applicant first applied for a Conditional Use Permit for alcohol sales at this location in 2016 prior to the business being operational. The timeline below gives an overview of the Planning & Zoning Commission and City Council meeting.
December 13, 2016 - Planning & Zoning Commission Meeting: After numerous citizens addressed concerns with the request, the Commission voted unanimously to postpone to allow the Applicant to address neighbors’ concerns.
January 10, 2017 - Planning & Zoning Commission Meeting: The Commission voted (5-1-1) to approve the request with the following conditions:
1. The CUP shall be valid for one (1) year, provided standards are met, subject to the point system;
2. The permit shall be effective upon the issuance of the Certificate of Occupancy;
3. The CUP shall be posted in the same area and manner as the Certificate of Occupancy;
4. The applicant cannot apply for a late hours TABC permit;
5. Bottles can only be disposed of during daylight hours; and
6. Speakers are not permitted outdoors.
January 20, 2017: Staff received an appeal request from Kathryn C. Dillon.
February 2, 2017 - City Council Meeting: The City Council voted 5-2 to approve the appeal and deny the Conditional Use Permit.
February 2, 2018: Gumby’s Pizza received a Certificate of Occupancy and opened for business without alcohol sales.
October 8, 2019 - Planning & Zoning Commission Meeting: The Commission voted 8-0 to approve the request with the following conditions:
1. The permit shall be valid for one (1) year, provided standards are met;
2. The permit shall be posted in the same area and manner as the Certificate of Occupancy;
3. Live music shall not be allowed outdoors or any unconditioned areas; and
4. The applicant shall not apply for a Late Hours TABC permit.
November 10, 2020 - Planning & Zoning Commission Meeting: The Commission voted 6-0 to approve the request with the following conditions:
1. The permit shall be valid for three (3) years, provided standards are met;
2. The permit shall be posted in the same area and manner as the Certificate of Occupancy;
3. Live music shall not be allowed outdoors or in any unconditioned areas; and
4. The applicant shall not apply for a Late Hours TABC permit.
5. The business shall be responsible for maintaining the sidewalk, gutters, parking lot, all areas within 100 feet of any exit, and all areas of the permitted property in a clean and sanitary condition, free from litter and refuse at all times.
Council Committee, Board/Commission Action:
N/A
Alternatives:
N/A
Recommendation:
Staff recommends approval with the following conditions:
1. The permit shall be valid for three (3) years, provided standards are met;
2. The permit shall be posted in the same area and manner as the Certificate of Occupancy;
3. Live music shall not be allowed outdoors or in any unconditioned areas;
4. The applicant shall not apply for a Late Hours TABC permit; and
5. The business shall be responsible for maintaining the sidewalk, gutters, parking lot, all areas within 100 feet of any exit, and all areas of the permitted property in a clean and sanitary condition, free from litter and refuse at all times.