TO: Natasha Alfonso, Planning and Economic Development Manager

FROM: Gordon B. Linn, City Attorney

RE: Pier Land Use Plan Amendment

In your email to me of July 8, 2013, you requested a memorandum of this office as to whether the proposed Land Use Amendment is a violation of the city's Charter. Historically, Article XXV, Section 253 (g) was amended by referendum as a result of the city's proposed lease of the beach property for condominiums. The result was an amendment, which provided that a lease of the property must provide a benefit to the public at large. It is our opinion that the Land Use Amendment which provides for a hotel use provides for such.

A hotel would in fact be open to the public at large just as a restaurant, ice cream shop or other business. Some have objected saying that a hotel would not be used by the citizens of the city. However, such is an incorrect assumption as many residents due to financial restraints use their finances for a "staycation," may be in need of a hotel when their home is not habitable, such as a broken air conditioner, or would just like to stay on the beach for a couple of days.

Based on the foregoing, I am of the opinion that there is no issue relating to the violation of the city's Charter. However, should you have further questions please feel free to contact me.

GORDON B. LINN