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AgdaPkt 2002-11-04
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AgdaPkt 2002-11-04
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Last modified
7/5/2005 2:54:32 PM
Creation date
10/31/2002 3:11:22 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
11/4/2002
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legislative enactment of the board of trustees of said city." (At p. <br /> 670.) <br /> <br /> In review of the administrative record, it is clear that the intent of the CBR district <br /> was to improve and revitalize the downtown area by only allowing selective retail <br /> uses. Debate on "antique shops," "auto parts sales" and '~inancial institutions <br /> and office fronts" is reflected in the minutes of the Planning Commission meeting <br /> of October 15, 1991, and the City Council meeting of November 4, 1991. As held <br /> by both the Jon-Mar and Magruder cases, the fact that some types of retail uses <br /> were permitted and others not, does not affect the validity of the ordinance. <br /> <br /> (c) Appellant's business is consistent with the purposes of the CBR district <br /> <br /> Appellant makes the policy argument that its proposed land use meets the <br /> purpose of the CBR district. Again, appellant must meet each of the three <br /> elements of Article 26. <br /> <br /> (d) The vast majority of appellant's customers are end-users <br /> <br /> Appellant makes the same argument as in heading no. 3 above, that it is a retail <br /> use as its customers are end users and appellant pays retail sales tax. Further, <br /> appellant argues that City staff have misapplied or misinterpreted the zoning <br /> code. Again, a proposed land use being "retail" does not create a right to locate <br /> in the CBR district. Further, whether or not staff have misapplied or <br /> misinterpreted Article 26, is the specific issue now before the City Council. <br /> <br />5. Staff interpretation of the CBR zoning district is inconsistent with the City General <br /> Plan <br /> <br /> Appellant argues that the City's Zoning Code and interpretatic: s thereof must be <br /> consistent with the City's General Plan; and to the extent they are not, they are <br /> invalid. Appellant cites Napa Citizens for Honest Government v. Napa County <br /> Board of Supe~,isors (2001) 91 Cai.App.4th 342 and Lesher Communications, <br /> /nc. v. City of Walnut Creek (1990) 52 Cal.3d 531,538 in support of its position. <br /> Neither case aids appellant's argument that it is entitled to be located within the <br /> CBR district. <br /> <br /> In Napa County, the board of supervisors adopted an updated specific plan for <br /> the development of an unincorporated area surrounding the county airport. One <br /> of the questions raised in that case was whether a Specific Plan must be <br /> consistent with the General Plan. There, the Court of Appeals held at p,.355, <br /> <br /> "The Updated Specific Plan, therefore, is valid only to the <br /> extent that it is consistent with the County's General Plan; <br /> i.e., to the extent that it is compatible with the General Plan's <br /> objectives, policies, general land uses and programs." <br /> <br />PRIVILEGED & CONFIDENTIAL <br />Council.innovations 6 <br /> <br /> <br />
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