Goat Hill Tavern v. City of Costa Mesa

Robert Ziemer, owner of the Goat Hill Tavern, was granted a writ of administrative mandamus (Code Civ. Proc., § 1094.5) ordering the City Council of the City of Costa Mesa to set aside its denial of Ziemer’s application for renewal of a conditional use permit for the tavern, to recognize that the tavern had a vested right to continue operation, and to renew the conditional use permit. The city appeals, contending the trial court erred in finding the tavern had any vested rights to continue in business which resulted in the trial court erroneously applying the independent judgment standard of review, rather than the substantial evidence test. We affirm.

Goat Hill Tavern is located on Newport Boulevard, a busy arterial street, at a point which will eventually be the terminus of a freeway. The property is zoned commercial and the commercial nature of the area is expected to intensify in the future. An apartment building, in a residential zone, abuts the property behind the tavern’s parking lot. The Helm bar is next door.

The city’s zoning ordinance requires a conditional use permit for any establishment serving food or beverages within 200 feet of a residential zone.…