Breakzone Billiards v. City of Torrance

In this case we consider de novo whether a member of the Torrance City Council may appeal the decision of that city’s planning commission to grant a conditional use permit, participate in the public hearing and city council deliberations on the appeal, and vote on that appeal. We also review for any substantial evidence the denial by that city council of an application for a conditional use permit that would permit the sale of alcoholic beverages at an existing business and thus alter the nature of the business’s clientele and potentially affect adversely adjacent businesses. We will conclude that the council member was not barred from participation and there was substantial evidence to support the council’s quasi-judicial action.

Factual and Procedural Background

BreakZone Billiards (BreakZone) is a partnership, the partners of which are J. Diane Boyd (Boyd) and David Chartier (Chartier). Since 1994, BreakZone has operated a billiard parlor, oriented to youth, in Rolling Hills Plaza, a retail development zoned C-3 and C-4 near the Torrance airport.

On February 3, 1997, BreakZone applied to the Planning Department of the City of Torrance for a modification to its…