AgdaPkt 2002-09-23 - Laserfiche WebLink

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_ JREPORT TotheHonorableMayorandCityCouncilFrom theCityManager September 23, 2002 Subject Appeal of a Zoning Ordinance Interpretation to Prohibit Sales of Professional Beauty Products at 2652 Broadway. Recommendation Uphold the interpretation of the Zoning Administrator to prohibit the use because it does not meet the intent of the "CBR" (Central Business Retail) Zoning District and is not a retail use. Chronology July 7, 2002: City approved a Building Permit for tenant improvements to construct a small office space within an existing building at 2652 Broadway. Staff (Principal Planner and Senior Building Inspector) noted that the small office could only be used in conjunction with primarily retail sales and some wholesale due to the location of the project in the "CBR" (Central Business Retail) Zoning District. For th is reason, the Principal Planner approved the Building Permit subject to the condition that "small office space to be used only in conjunction with retailNvholesale sales" In other words, there could be some wholesale uses but only with retail sales. The contractor reassured staff he would comply with this condition. - July 24, 2002: Staff received a phone call from a representative of West Coast Beauty Supply located at 2610 Broadway. She observed that a similar business was moving into 2652 Broadway. She questioned why the City was allowing a wholesale beauty store when West Coast Beauty Supply was not permitted to expand or relocate in the same area due to the Zoning District. (The CBR zone was created in 1991. This required that ground floor use be primarily retail). The City had told her in the past that her business did not qualify as retail and could not expand. West Coast Beauty Supply moved into downtown before the CBR zone was created and thus was "grandfathered" in. July 30, 2002: Appellant obtained Business License to conduct business in Redwood City~ Au.qust 6, 2002: Staff notified appellant of possible non-conformance, and requested a business description to determine if it is actually a "retail" use. Appellant responded with business description. See attached letter dated August 7, 2002. Au.qust 9, 2002. Zoning Administrator responded to the applicant stating that based on his business description the proposed business would not be classified as retail and is not permitted in the "CBR" zoning district. See attached letter dated August 9, 2002. Auqust 21,2002: Applicant appealed Zoning Administrator's decision to the City Council. See attached appeal letter dated August 21,2002. Planning Issues The following questions address the appellant's main issues: - 1 A Business License does not constitute an approval of a use. On the Business License Certificate it specifically states: "It is issued for revenue purposes only and does not constitute a permit to operate a business in violation of City Ordinances or State Laws."