AGENDA CAPTION:
Title
CUP-25-61 (Rooftop on The Square) Hold a public hearing and consider a request by Robert Espinosa, on behalf of Rooftop on The Square, for renewal of a Conditional Use Permit to allow on premise consumption of Mixed Beverages, located at 126 S. Guadalupe St. (C. Garrison)
Body
Meeting date: December 9, 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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Background Information:
2012: The business received a Restaurant CUP which was approved for one year. During 2012, the business received enforcement/citation letters for violations regarding the restaurant requirements associated with the CUP and Certificate of Occupancy requirements. These violations were subsequently resolved by the business.
2013: The business received two violations for serving alcoholic beverages to intoxicated customers. As a result, renewal of the Restaurant CUP was approved for two periods of three months, with conditions to monitor the business followed by an approval of six months, with conditions.
2014: The renewal Restaurant CUP was approved by the Planning and Zoning Commission for six months, with conditions followed by an approval with conditions later that year for one year.
2015: The renewal Restaurant CUP was approved for three years with conditions.
2018: The renewal Restaurant CUP was approved for three years with conditions.
2021: The renewal Restaurant CUP was approved for three years with conditions.
2025 (September): The renewal for a Restaurant CUP was approved for three months with conditions.
The first floor of the building previously included a dining area for Bagel Bros. However, the applicant advised staff that this space will now be occupied by Rooftop’s own restaurant. The previous CUP was approved for three months. The short approval was intended allow the establishment to demonstrate continued conformance with all City codes and ordinances, including the continued operation of an associated restaurant. To staff’s knowledge Bagel Bros. was hired after the previous P/Z approval and was later replaced by the Rooftops’ own restaurant. Rooftop has shown conformance with Section 5.1.5.5.B.4.b that outlines the requirements for a restaurant within the CBA boundaries, but due to Rooftop’s nine police calls within a three month period, staff is not issuing a recommendation.
Council Committee, Board/Commission Action:
N/A
Alternatives:
N/A
Recommendation:
Consistency with Land Development Code:
• Staff finds the request consistent with the following:
Criteria 1, 3, 4, and 5 in Section 2.8.3.4 and Criteria 8, 9, 10, and 11 in Section 5.1.5.5.
• Staff finds the request inconsistent with the following:
Criteria 2 in Section 2.8.3.4
• Staff had a neutral finding on the following:
Criteria 6 and 7 in Section 2.8.3.4.
If the Planning and Zoning Commission recommends approval Staff recommends the following conditions:
1. The permit shall be valid for one (1) year, provided standards are met;
2. Food shall be available to patrons in all areas of the restaurant in a manner that meets the requirements of Section 5.1.5.5(4)(b), Eating Establishments - Downtown CBA Boundary;
3. The permit shall be posted in the same area and manner as the Certificate of Occupancy; &
4. No live music and no speakers are permitted in the outdoor patio areas.