REPORT TO PLANNING COMMISSION
SUBJECT
Title
Action on an Appeal (PLN25-00562) of the Community Development Director's Denial of a Zoning Clearance (PZC25-00381) for a Smoke Shop Located at 770 Kiely Boulevard.
Report
REPORT IN BRIEF
Applicant: Xiangqiong Wu
Owner: 770 Kiely LLC Et Al
General Plan: Neighborhood Mixed Use
Zoning: Mixed-Use Neighborhood Commercial (MU-NC)
Existing Site Conditions: Existing commercial building with a surface parking lot
Surrounding Land Uses:
* North: Gas station, Mixed-Use Neighborhood Commercial (MU-NC)
* East: Existing commercial uses, Mixed-Use Neighborhood Commercial (MU-NC)
* South: Single-family residence, Single-Family Residential Zone (R1-6L)
* West: Single-family residence, Single-Family Residential Zone (R1-6L)
BACKGROUND
The applicant, Xianqiong Wu, has appealed a decision of the Planning Division to deny an application for a Zoning Clearance to operate a smoke shop at 770 Kiely Boulevard. According to the applicant's appeal form, she seeks to overturn the decision based on "vested rights" and the date that she submitted her application. Given these claims, it is necessary to provide a legislative timeline.
Prior to 2024, the property located at 770 Kiely Boulevard was zoned Neighborhood Commercial (CN). A discrete list of commercial uses were allowed in the CN zone, including clothing stores, pharmacies, groceries, hardware stores, and restaurants Classic Code ? 18.34.030. The intent of the zone was to provide "retail goods and services for the convenience of the immediately adjacent residential neighborhood." A broader list of commercial uses was allowed in the Community Commercial (CC) zone, which was described as a "general shopping center zone district," including, notably, "pipe and tobacco shop[s]" Classic Code Chapter 18.36. Uses not listed in the Code were prohibited, unless a special application was made to the Planning Commission for a determination that the use was similar to a listed use. Becaus...
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