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09/23/2002 14:49 FAX ~]00S/012 Allen Matkins Leek Gamble & MaUory Mayor Richard S. Claire Vice Mayor Jeff Ira September 23, 2002 Page 7 The Sta.ffReport incorrectly concludes, against without any supporting evidence, that commodmes are not sold directly to thc consumer, but only to licensed cosmetologists who are essentially retailers." That is simply not true. As previously-stated, $5% of CosmoProf's customers pay retail sales tax, meaning they usc the products end do not re-sell therm. Most CosmoProf customers arc individual cosmetologists who do not own or operate their own salons and do not sell products retail. The StaffReport is also self-contradictory. In the Chronology sect/on, it states that "there could be some wholesale uses..." But later states that "some of the supplies are then resold to consumers at the various salons, making the business a wholesale use." This contradict/on in the StaffReport illustrates the unfair and arbitrary application of the zoning ordinance to CosmoProf. On one hand some wholesale sales are allowed in a retail uses; on the other hand, any wholesale sales define a use as wholesale. ' Finally, the StaffReport creates a heretofore unknown "non-retail" land use classification. Thc StaffReport concludes that "the proposed use would be classified as non- retail and would not bc permitted in the CBR Zoning District." There is no "non-retail classification published or referenced anywharc in the CBR Zoning District, the City General Plan, or any other City land usc guideline or regulation. This again illustrates the unfortunate, and perhaps unintentional arbitrariness and .confusion created when unpublished and unwritten criteria arc applied to thc plain language of published regulations to deny a use that would be permitted according to informaQon reasonably available to.the public. 5. Staff Interpretation of the CBR Zoning District is Inconsistent with the City General Plan. CosmoPro£is consistent wL "Hea Commercial" land use designated in thc Plan as appropriate downtown: "Heavy Commercial: Land to bc developed intensively for retail and office use where multi-story buildings would bc expected. This area is primarily downtown and along the El Camino Real corridor. The zoning classifications which could be expected arc CB and CG." The Planning Staff's restrictive interpretation of thc CBR Zoning District is inconsistent with the Heavy Coramcrcial designation set forth in thc (3cne~ Plan as appropriate downtown. The Zoning Code and staff interpretations of the Zoning Code must be consistent with the Plan so as not to frustrate the goals and policies of the Plan. ira]aa Citizens for ]-[onest Government v.