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AgdaPkt 2002-11-04
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AgdaPkt 2002-11-04
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Last modified
7/5/2005 2:54:32 PM
Creation date
10/31/2002 3:11:22 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
11/4/2002
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Fourth, on the face of the business license the following is provided: "It is issued <br /> for revenue purposes only and does not constitute a permit to operate a business <br /> in violation of City ordinances or State laws." <br /> <br /> Fifth, the building permit was issued to construct a small office within the building <br /> space and appellant may complete those improvements in accordance with the <br /> permit terms. (The Avco case does not, as argued by appellant, hold that once a <br /> building permit has been issued, a permittee has a vested right to operate a <br /> business upon the improved property when said use is prohibited by ordinance.) <br /> <br /> Finally, there has been no change in Article 26 since the time appellant secured <br /> either his business license or building permit. Under these circumstances, Avco <br /> provides no legal basis for appellant having a vested right to operate its business <br /> in the CBR district. <br /> <br />8. Redwood City may be estopped from enforcing its finding of non-conformance <br /> <br /> Appellant argues that the legal theory of equitable estoppel forms the basis for <br /> permitting its business to be located within the CBR district. Equitable estoppel <br /> has been explained in City of Long Beach v. Mansell (1970) 3 Cal.3d 462, as <br /> follows: <br /> <br /> "The vital principle is that he who by his language or conduct leads <br /> another to do what he would not otherwise have done shall not <br /> subject such person to loss or injury by disappointing the <br /> expectation upon which he acted. Such a change of position is <br /> sternly forbidden. It involves fraud and falsehood, and the law <br /> abhors both." <br /> <br /> Generally speaking, four elements must be present in order to <br /> apply the doctrine of equitable estoppel: (1) the party to be <br /> estopped must be apprised of the facts; (2) he must intend that his <br /> conduct shall be acted upon or must so act that the party asserting <br /> the estoppel had a right to believe it was so intended; (3) the other <br /> party must be ignorant of the true state of facts; and (4) he must. <br /> rely upon the conduct to his injury. (At pp. 488-489.) <br /> <br /> Appellant first argues that the City may not find appellant's use to be prohibited in <br /> the CBR zone as the "City's I~guage and conduct induced Innovations into <br /> investing for [sici :ne ope ting the b,.siness." By applying the administrative <br /> record to each of the four elements of equitable estoppel as set forth above, the <br /> questions to be determined are: (1) was city staff apprised of the facts? (2) did <br /> City staff intend that appellant rely upon their conduct? (3) was appellant ignorant <br /> of the true facts? (4) did appellant rely upon staff's conduct to its detriment? <br /> Conversely, equitable estoppel could be applied to the appellant in the following <br /> manner: (1) was appellant apprised of the facts? (2) did appellant intend that city <br /> <br /> PRIVILEGED & CONFIDENTIAL <br /> Council.lnnovalJons 9 <br /> <br /> <br />
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