AgdaPkt 2002-11-04 - Laserfiche WebLink

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09~'23/2002 14:50 FAX [~010/012 Alien M~tkin~ Leek G~mble & M~ll~ry LLP Mayor Richard S. Claire Vice Mayor SeffIra September 23, 2002 Page 9 Therefore, there being no appropriate standard in place at the time of the iSsuance cfa Redwood City business license to CosmoProf, CosmoProfmust be permitted to conduct its business at the location permittad by the City of Redwood City. Although CosmoProf asserts that it is open to a segment of the general public, nothing in the delVmifion of Retail Use requires that a Retail Use be open to the general public. The City cannot add an unpublished additional requirement to the definition cfa Retail Use to deny CosmoProfits right to operate. Imposition of secret government requirements and undisclosed standards deprive the public of notice and fair h,~ ,a~, g and result in denial of due process. Clark v. City oftfermosa Beach (1996) 48 Cal. App. 4 1152. Due process precludes arbilxary and irrational governmental decision-making. Consequently, additional requirements, such as calling for the business to be open to the "general public," cannot be added post-hoc to the text of the Zoning Ordinance to prohibit a use that would otherwise meet the definitiun set forth in the Zoning Ordinance. 7. .I. nnovations' Right to Open CosmoProf is Vested Innovations has a vested right to open and operate its CosmoProfstore. When a developer has performed substantial work and incurred substantial liabilities in good faith reliance upon a permit issued by the government, its right to complete eonstructinn and operate has vested. Avco Community Developers, Inc. v. South Coast Regional Commission (1976) 17 Cal. 3d 785. Redwood City issued innovations a building permit and a business license for the construction and operation of CnsmoProf on the Property. Relying on these permits in good faith, Innovations performed substantial work on the Property.' Innovations installed a display counter in the front window, improved the interior systems, and will install a rear door canopy. Innovations also widened the rear ramp for safer accessibility. Innovations spent more than $50.000 on improvements to the Property before the City announced that CnsmoProf could not open. Innovations has incurred substantial liability in reliance on the Redwood City permit and license, hanovations' lease obligates Innovations to pay an average o£$3,488. I 1 per month in rent for five years, a total of $2091286.60 for a premise the City permitted and licensed, but now has determined cannot open. No indication was made by the City when issuing the permit and license that the use would be prohibited. Nor was there any information in the Zoning Ordinance or discoverable in the area of the Property that the intended use may be prohibited.