Planning Department staff said Regan had recently contacted them to see what types of uses are allowed, as potential tenants have shown interest in wanting space. According to the staff report, “The property is zoned “M,” Manufacturing District. The uses allowed are “All uses allowed in “C-2” districts” which lists, among other uses, “Wholesale, service and storage uses, conducted within a building and ‘retail outlets and offices incidental and accessory to the above uses” as uses.” According to the Zoning Code the C-2 district regulations also allow for C-1 district, sections 3 and 4 only, therefore excluding the use of retail, office and business and personal service uses, conducted within a building and mini-warehouses.

The question is what “services” are allowed in the zoning and what the definition of those services really is under county rules. Staff also related that because of the general plan and zoning moratorium in effect, the zoning cannot be changed to another district which would allow these uses. Additionally, the county does not have a cumulative zoning ordinance. Cumulative zoning is where the uses of a “lesser” or subordinate zone district are allowed in a “higher” or more intense zone district….” Staff did point out that the County at one point in the 80’s did adopt a cumulative zoning ordinance however, “quickly rescinded it after it became apparent there was a significant opportunity for creating situations of incompatible uses when an application for 5 dwellings was applied for on a parcel zoned “M.” According to a letter written by Regan to the Planning Commission, “There are a number of potential tenants that are interested in lease space in the complex.

The District Regulations appear to be ambiguous and confusing as to whether or not certain commercial uses are permitted under the current zoning.” Regan requested that the planning commission interpret several uses to see if they would conform to the current zoning, those potential uses include: a beauty salon with related sales, facial and skin care, including tanning methodologies along the sale of related products, pedicures and nail care, fitness centers, sale and service of business equipment, and real estate and title offices. Regan reported to the Board that a fitness center is interested in part of the building. County staff interpreted the uses that he requested and found that a real estate or title office would be considered an allowable use. The sale of business equipment was also determined to be an allowable use as long as it “caters exclusively to businesses and not the public.” For instance a Radio Shack or Best Buy would not be allowed under the current zoning. According to Planning Department staff, “The exercise, weight loss and fitness center use is less clear in that it is not listed under Personal Services but is identified as an Amusement and Recreation Service in the US Department of Labor’s OSHA SIC Division Structure…which staff has utilized as a guideline when interpreting codes. Staff believes caution should be used when considering this use as some of the uses listed in the Personal Services group (e.g. tanning, massage, etc.) are often offered at these fitness centers as well.”

After considerable discussion Supervisor Brian Oneto asked about the possibility of lifting the current land use change moratorium to allow for a zoning change that would give Regan more possible uses. Supervisor Richard Forster cautioned that lifting the moratorium could put a crack in a door that then could not be closed. Supervisor Louis Boitano developed a plan to approach the issue. He suggested that the Supervisors refer the issue back to the Land Use Agency and have the Land Use Agency Commission offer what they believe are the definitions of the word “services” and if they find that services include personal services then the uses such as a beauty parlor, nail and pedicure establishment, a fitness center, etc. could be allowed. The Supervisors then referred this issue back to the Land Use Commission but Boitano noted that even with changes in the definitions of the uses allowed on the property Regan is still impacted by the airport overlay zone which limits the site to 25 people per acre with a maximum of 50 people at any one time. The project is also scheduled to be placed before that commission in the near future.