AgdaPkt 2003-02-10 - Laserfiche WebLink

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10"41 REPORT To the Honorable Mayor and City From the City 1 February 10, 2003 Subject Appeal of the Zoning Administrator's denial of a Use Permit for "Innovations — Successful Salon Services, Inc.," to allow the sale of beauty products only to licensed cosmetologists in conjunction with a 180 sq. ft. art gallery. Recommendation Uphold the decision of the Zoning Administrator to deny the Use Permit for Innovations — Successful Salon Services, Inc. Although the art gallery is a permitted use in the Central Business Retail (CBR) Zoning District (Article 26 of the Zoning Ordinance), the professional beauty supply store is not of the same general character as the permitted or conditionally allowed uses in the CBR Zoning District and is inconsistent with the purpose; of Article 26 of the Zoning Ordinance. Chronology (Note: Due to the voluminous material on this project, only the most recent correspondence and Notice of Official Action on this application are attached to this staff report. All the other previous City Council Staff reports and correspondence which were previously reviewed by the City Council during the last appeal are available in the City Clerk's office for review.) 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 uses which are accessory to the retail use due to the location of the project in the CBR Zoning District. For this reason, the Principal Planner approved the Building Permit subject to the condition that "small office space to be used only in conjunction with retail /wholesale 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 restrictions of the CBR Zoning District. (The CBR Zoning District, created in 1991, required that ground floor uses be primarily retail). The City has told West Coast Beauty Supply in the past that its business did not qualify as retail and could not expand in the CBR Zoning District. West Coast Beauty Supply moved into downtown before the CBR Zoning District was created and thus was "grandfathered" in. July 30, 2002 Appellant obtained Business License to conduct business in Redwood City' 1 A Business License does not constitute an approval of a use. On the Business License certificate ft