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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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staff rely upon its conduct? (3) was city staff ignorant of the true facts? (4) did city <br /> staff rely upon appellant's conduct to its detriment? On balance and based upon <br /> the administrative record, it would not appear that the doctrine of equitable <br /> estoppel is cleady applicable in either instance. <br /> <br /> Appellant next argues that the City is "estopped because the hardship to <br /> Innovations outweighs the City's interest in finding that CosmoProf use is non- <br /> conforming." Appellant cites Anderson v. City of La Mesa as authority for this <br /> position. In City of La Mesa, the city had issued a building permit for a single <br /> family dwelling (according to then current zoning ordinances) with a side yard set <br /> back of at least five feet. Dudng construction, the city inspected the house six <br /> times. Upon completion, the city claimed a specific plan ordinance required the <br /> house to have a side yard set back of ten feet and refused to issue a permanent <br /> occupancy permit unless plaintiff removed that portion of her house within the ten <br /> foot set back. There, the court held, <br /> <br /> "A government entity may be estopped, however, where, as here, <br /> the injustice which would result from a failure to uphold an estoppel <br /> is of sufficient dimension to justify any effect upon public interest or <br /> policy which would result from the raising of an estoppel." (Citing <br /> City of Long Beach v. Manse/I, at 496-497, supra.) <br /> <br /> Unlike City of La Mesa, the administrative record demonstrates that there would <br /> be significant detriment to 'public interest or policy' if estoppel were to be applied <br /> in this instance: <br /> <br /> "[-r]he downtown retail area of Redwood City has yet to achieve the <br /> purpose and goals outlined in both the Central Business (CB) <br /> Zoning District in which it is located and those policies discussed in <br /> the 1983 Downtown Development Plan. For these reasons, staff is <br /> proposing a Zoning Text and Zoning Map Amendment which will <br /> attempt to encourage the improvement and revitalization of the <br /> downtown area by allowing certain retail uses and amenities." <br /> (October 15, 1991 Redwood City Planning Commission Staff <br /> Report attached hereto as Exhibit "1".) <br /> <br /> In furtherance of the stated purpose, Redwood City enacted Article 26, and <br /> created a zone which "dictate the types of uses permitted..." (October 15, 1991, <br /> Redwood City Planning Commission S' - Re ';rt. ~nd. unlike CityofLa Mesa, <br /> appellant had actual notice of sa~d ore . ~ce ,x~d L~ d upon its own due <br /> diligence, committed itself to a long term ,ease prior [~ obtaining any building <br /> entitlements or business license. <br /> <br />/// <br /> <br />/// <br /> <br />PRIVILEGED & CONFIDENTIAL <br />Council. Innovations 10 <br /> <br /> <br />
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