AgdaPkt 2002-11-04 - Laserfiche WebLink

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09~23/2002 14:48 FAX ~]006/012 1o.£-z l Allen Matkins Leck Gamble & Mallory LI.I, Mayor Richard S. Claire Vice Mayor left'Ira September 23, 2002 Page $ that being open to the general public is required to be deemed a Retail Use. Nevertheless, the "general public" is inevitably comprised of salect segments that arc appropriate for a business and others that are not. Movie theaters only admit individuals over seventeen years of age to some films. Only licensed drivers over 25 may rent cars. It cannot be the policy of Redwood City that movie theaters and rental car companies are not open to the general public. That "Wholesale Uses" are defined as [ ]ny establishment for the sale, to retailers, # a ' jobbers, or contractors, of any article, Substance, or commodity...," does not transform CosmoProfinto a Wholesale Use. Redwood City Zoning Ord. § 2.18. Approximately 75% to 80% of CosmoProl% purchasers pay retail sales tax at CosmoProf stores. Some salon operators who buy from CosmoProfmay also be retailers, but most of the professional cosmetologists do not own or operate sa.Ions or sell products retail. 4. Responses to September 23~ 2002 StaffRepo~ (a) Chronology. Thc Staff Report chronology shows that CosmoProf was not given adequate notice of the City's unpublished criteria for retail uses dowhtown. The Staff Report admits that the CosmoProf building permit allows a "small office space to be used only in conjunction with remiPwholesale sales." No distinction is drawn in this language that would alert the permitted business that only retail uses are allowed and that additional criteria to that published in the zoning code defmition'of retail must be met. Yet the StaffReport unreasonably concludes that such a distinction is self-evident. In addition, when CosmoProfs contractor assured the City staffthat its use woulit be primarily retail sales, CosmoProf was relying upon the published definition of"retail" and the fact that over 75% of CosmoProf sales include retail sales tax. The StaffReport demonstrates that the city's own procedures set businesses on a course to commence construction and make significant financial commilments before any City agency determines that the business is not permitted. The StatTl~pon justifies its adverse determination by stating that "lilt is up to the applicant to contact the Planning Department before the permit is issued." The implication is that had Innovations done so, the Planning Department would have alerted Innovations that the intended CosmoProfuse was not allowed. But the City's procedure did not work that