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09?23/2o02 14:50 FAX {~]009/012 1(~)' ~"'~ Allen Matkins Leck Gamble & Mallo~ LLP Mayor Richard S. Claire Vice Mayor Jeff Ira September 23, 2002 Page 8 Napa County Board of Supervisors (2001) 91 Cai.App.4ta 342. Furthermore, the Land Use Element of the Plan does not have a distinction between retail and wholesale uses in downtown planning. However, the Planing Staff relies on such a distinction, which is not consistent with the Plan. California Govertunent Code Section 65860(a) provides that the land uses authorized by a zoning ordinance must be compatible with the objectives, policies, general land uses and ~rograms specified in the general plan. If the zoning ordinance in question holds the interpretation given by the Planning Staff, which is inconsistent with the Plan, such ordinance is invalid dating back to the time the ordinance was enacted orthe interpretation was made. £esher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 53 I, $38. Staffrelies upon the CBR Zoning District, which rezoned the downtown CB and CC} zones in 1991, but did not include an amendment General Plan's Heavy Commercial designation for downtown. Thus, the CBR Zoning District was very likely inconsistent with the Plan at the time it was adopted, and it is most certainly inconsistent with the Plan as it is being applied to CosmoProf. 6. . Definitions of"Business~ Retail" and "Business~ Wholesale" are Vague~ Ambic, uous~ and Uncertain. The de£mitions of"Business, Retail" in Section 2.17 and "Business, Wholesale" in Section 2.18 of the City of Redwood City Zoning Ordinance ' are not mutually exclusive and are drained in a manner so as to permit the inelusiun of certain 'tv~es of businesses in both de/tuitions. As such, the ordinance relating to retail and who = are not sufheientiy clear and exclusive so as to permit the categorization of the CosmoPr.~ ,re business with sufficient clarity as either a wholesale or a retail business as de£med ir Zoning Ordinance. Neither Section sets forah a mutually exclusive defmitinn relative to ~,: other, and as such the zoning ordinance establishes a · · vague and uncertain zoning standard. Without a clear standard, the Redwood City Zoning Department is unable to apply a consistent standard ia this or any other similar situation. Thus, any Zoning Department determination using these de£mitinnal Sections as a basis is flawed, as there is no clear standard enunciated L,~ the Ordinance. Also, because of the ambiguity created by the definitions of"Wholesale,, and "Retail', the Zoning Ordinance did not and cannot provide to CosmoProf any notice as to whether CosmoProf's business is or is not a permitted use in the business dis~'ict.