vnnnAGENDA CAPTION:
Title
Hold a public hearing and consider an appeal by Robert Espinosa, on behalf of Rooftop on the Square, of the decision of the Planning and Zoning Commission denying a request for renewal of a Conditional Use Permit in Case No. CUP-25-61 to allow the sale of mixed alcoholic beverages for on premise consumption at 126 South Guadalupe Street.
Body
Meeting date: February 3, 2026
Department: Planning and Development Services
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Background Information:
Rooftop has held a “Restaurant (Eating Establishment)” Conditional Use Permit (CUP) since 2012. In accordance with the Development Code, a “Restaurant (Eating Establishment)” located within the Central Business Area (CBA) must meet certain standards related to kitchen equipment, meal periods, advertisement, and cleanliness outlined in Section 5.1.5.5.B.4.b.
The previous CUP renewal was approved by the Planning and Zoning Commission in September 2025 for three months. The short approval was intended to 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 Planning and Zoning Commission approval and was later replaced by 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 the criteria analysis of Section 2.8.3.4 & 5.1.5.5 and Rooftop’s nine police calls within a three-month period, staff provided a neutral recommendation at the December 9, 2025 Planning and Zoning Commission meeting.
In accordance with Section 2.8.3.6 the applicant may appeal the decision of the Planning and Zoning Commission to the City Council.
Council Committee, Board/Commission Action:
In accordance with the Development Code criteria, staff provided a neutral recommendation of the Conditional Use Permit renewal request at the December 9, 2025 Planning and Zoning Commission meeting.
The Planning and Zoning Commission considered this CUP renewal request at their December 9, 2025 meeting and voted to deny the Conditional Use Permit renewal in a 9-0 vote.
Alternatives:
If the City Council chooses to overturn the decision of the Planning and Zoning Commission, staff recommends the following conditions be placed on the CUP:
1. The permit shall be valid for one (1) year, provided standards are met;
2. No live music and no speakers are permitted on the outdoor patio areas;
3. 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; and
4. The permit shall be posted in the same area and manner as the Certificate of Occupancy.
Per Section 2.2.4.2, a super majority vote (6 members) of the City Council is required to reverse the decision of the Planning and Zoning Commission
Recommendation:
In accordance with the Development Code criteria, staff provided a neutral recommendation of the Conditional Use Permit renewal request.
Consistency with the Land Development Code:
• Staff finds the request consistent with the following:
o 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:
o Criteria 2 and 7 in 5.1.5.5 and Section 2.8.3.4
• Staff had a neutral finding on the following:
o Criteria 6 in Section 2.8.3.4.