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M e rno PRIVILEGED & CONFIDENTIAL <br /> <br />To: Mayor and Members of the City Council <br />From: Stan Yamamoto, City Attomey <br />Date: November 4, 2002 <br /> <br />Re: Legal Review of Correspondence dated September 23, 2002 from Allen <br /> Matkins Leck Gamble & Mallory LLP, legal counsel for Innovations - <br /> Successful Salon Services, Inc. ("Innovations"), addressing permitted uses in <br /> Central Business Retail (CBR) District <br /> <br />Back.qround <br /> <br />A public hearing was duly held on September 23, 2002, regarding the City Zoning <br />Administrator's determination that appellant's proposed business was prohibited in the <br />CBR district pursuant to Article 26 of the City Zoning Code (attached hereto as Exhibit <br />"A"). Correspondence dated September 23, 2002 (attached hereto as Exhibit "B"), from <br />appellant's legal representative was received by the City on said date and entered into <br />the administrative record. However, as there was insufficient time to fully consider said <br />correspondence, at the Conclusion of the public hearing, the City Council directed the <br />City Attorney to review said correspondence and subsequently provide legal advice as <br />to its content. In addition, Mayor Claire directed the City Attorney to advise whether the <br />collection of sales tax by a business qualifies said business as a retail use and thus <br />creates a right to be located within the CBR district. <br /> <br />Summary <br /> <br />In brief, it is the opinion of this office that in order for any particular land use to be <br />located within the CBR district, said use must satisfy each of the three elements <br />established by Article 26: <br /> <br />1. · The proposed use must meet the general definition of retail use as set forth in <br /> section 2.17 of the Zoning Code (attached hereto as Exhibit uC"); and <br /> <br />PRIVILEGED & CONFIDENTIAL <br />Coundl.lnnovatJons 1 <br /> <br /> <br />