PLANNING AND ZONING COMMISSION
During the March 25 Planning and Zoning Commission meeting, items six through ten involved requests by local businesses for renewal of their Conditional Use Permit to allow on premise consumption of mixed beverages. Most alcohol related CUP’s need to be renewed every three years, but many of the businesses requesting renewal had exceeded the renewal deadline. During the hearing, it came to light that Springs Bistro + Bar had been 8 years defunct. This sparked debate between the commission and even the public as to what steps can businesses and the city take to keep businesses renewed on time.
A conditional use permit is required for businesses selling alcohol per the San Marcos development code. The CUP process allows the Planning and Zoning Commission the opportunity to review permits on a case by case basis.
“Our goal is to make sure that when business is open, buildings are constructed, anything happens in San Marcos that it follows this code,” said Amanda Hernandez, San Marcos Planning & Development Services director.
She explained that an alcohol CUP is one of the rare examples of a use that no matter where the business is located there is a need for additional approval.
“When a new business wants to open in San Marcos, the commission will typically approve one year, and that one year is to allow them to open, get established, and make sure that they’re not planning to change their business model or anything like that that might affect the conditions of the conditional use permit,” Hernandez said.
The initial filing fee is $1,000 with renewal fees being $750. After the first year of business, the city usually grants a three year approval.
Hernandez explained that renewal is ultimately the responsibility of the business owner; they are required to display their certificate, which lists the expiration date. She explained that COVID affected not only businesses but the city’s approach to enforcing renewals. The city decided to create a consistent renewal letter program.
“We send those renewal letters with enough time that an applicant can submit an application and be on an agenda before their permit expires,” Hernandez said.
She notes that there are still challenges since bars for instance usually have hours that are opposite of the city staffing hours.
“We do really try to work with our businesses to keep people open, and that courtesy of the letter is just that, it’s a reminder that their permit is coming up,” Hernandez said.
The city has started working with their code compliance division, so if Planning and Zoning is not receiving a response from a business they have a team that will go out and make contact with the businesses. Hernandez said their goal is to work with these businesses to keep them open and thriving.
