AGENDA CAPTION:
Title
CUP-26-53 (Gumby's Pizza) Hold a public hearing and consider a request by Forrest Higdon, on behalf of Gumby's Pizza, for renewal of a Conditional Use Permit to allow on premise consumption of Mixed Beverages, located at 312 W HOPKINS ST. (K. Buck)
Body
Meeting date: October 13, 2026
Department: Planning & Development Services
Amount & Source of Funding
Funds Required: N/A
Account or Project Number (C = CIP funds): N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
Prior Council Action: N/A
City Council Strategic Initiative:
N/A
N/A
N/A
Comprehensive Plan Element (s):
N/A Arts and Culture - Choose an item.
N/A Economic Development - Choose an item.
N/A Environment & Resource Protection - Choose an item.
N/A Housing + Neighborhoods - Choose an item.
N/A Land Use + Community Design and Character - Choose an item.
N/A Parks & Public Spaces + Health, Safety & Wellness - Choose an item.
N/A Transportation - Choose an item.
N/A Core Services
N/A Not Applicable
Master Plan:
Choose an item.
Background Information:
2017: The business submitted a Restaurant CUP which was approved by the Planning and Zoning Commission for one year, with conditions. Staff received an appeal and the Commission approved the appeal to deny the Conditional Use Permit.
2018: Gumby’s Pizza received a Certificate of Occupancy and opened for business without alcohol sales.
2019: The business submitted a Restaurant CUP which was approved by the Planning and Zoning Commission for one year, with conditions.
2020: The renewal of the Restaurant CUP was approved by the Planning and Zoning Commission for three years with conditions.
2023: The renewal of the Restaurant CUP was approved by the Planning and Zoning Commission for three years with conditions.
Per Senate Bill 1008 and staff’s analysis, the City can enforce the existing noise ordinance and any conditions related to noise added to this Conditional Use Permit.
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, and shall expire October 13, 2029, provided standards are met;
2. No outdoor amplified, acoustic, or background sound shall be permitted after 10:30pm all days of the week;
3. The business shall be responsible for the subject property and the abutting right-of-way, excluding the public street or alley pavement, within 50 feet of any entrance and exit in a clean and sanitary condition, free from litter and refuse at all times. The maintenance responsibilities shall not overlap with another alcohol CUP Holder’s maintenance area. (LDC Section 5.1.5.5.E.2.c);
4. The number of people occupying the building is required to remain compliant with the fire code, to include ensuring that occupancy loads stay at or below posted levels; and
5. The permit shall be posted in the same area and manner as the Certificate of Occupancy.