AgdaPkt 2005-05-09 - Laserfiche WebLink

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�� - / REPORT - , To the Honorable Mayor and City Council From the City Manager May 9, 2005 Subject Time Extension Hearing for Termination of Non-conforming Use (Secrets Adult Boutique) at 739 EI Camino Real. Recommendation Adopt the attached resolution granting a six month time extension to continue the non- conforming use at 739 EI Camino Real (Secrets Adult Boutique) until January 12, 2006. Background Article 27 of the Zoning Ordinance gives non-conforming sexually oriented business uses a five year amortization period, meaning th�t within five years of the effective date of ordinance adoption (July 12, 2000) all such businesses have to meet certain use criteria, close, or relocate to another area. According to the Zoning Ordinance, an adult business cannot be located within: • Any residential zoning district or any "R" (Residential) Combining District. • 1000 feet of any other adult oriented business. • 1000 feet of certain uses (schools, churches, public parks, residentially zoned districts, or a parcel of property used, in whole or in part, for residential purposes). The current and only Redwood City adult business is located at 739 EI Camino Real. It is approximately 25 feet from an existing apartment complex (to the rear of the site) and 225 feet from Sequoia High School across EI Camino Real. For these reasons, the use is considered "non-conforming" and subj�ct to the Zoning Ordinance's amortization require�nents. Per the Ordinance the non-conforming use must cease 5 years from the effective date of the Ordinance. The business must close, relocate or change its use by July 12, 2005. Time Extensio� Section 27.5 D of the Zoning Ordinance requires the granting of an extension of the amortization period, not to exceed �ix months, if certain findings can be made. If granted, this extension would allow the use to continue until January 12, 2006, before the business would need to either close, relocate, or change its use. On or about April 1, 2005 4he business owner requested a time extension for the use to continue for six months. A follow-up request was made on April 22, 2005. The requests were filed in a timely manner.