They did however clarify which uses would not be consistent: beauty salons and barber shops with beauty and hair care products sales; facial and skin care, including tanning methodologies, along with the sales of skin care products; pedicures and nail care. It was agreed that: exercise, weight loss and fitness centers as long as there were not food service, tanning methodologies, or massages; the sale and service of business equipment, copiers, printers and computers with no to minimal retail sales; as well as no real estate or title offices would be allowed.

Regan disputed that fact that these uses are not allowed in a Manufacturing zone and said there is an inconsistency in the zoning code. He said that according to the County Code “permitted land uses are similar to those permitted in the “C” districts and those uses are retail sales, offices…personal or professional service uses…” He said “Amador County has no specific definition and relies on the outside source Codes.” He said that surrounding Counties allow personal services, service businesses, or miscellaneous services with in the Manufacturing zone. He also pointed out that Amador County is currently allowing Personal Services in both C-2 and Manufacturing Zones. He referred to two tanning Salons located off of Martell Road as well as a Beauty Salon and separate Nail Salon located on the corner of Martell Road and Hwy. 49.

Planning Director Susan Grijalva later explained that some of those uses are legal non conforming uses that have been grandfathered, others are allowed in the districts with a use permit to allow for a transition zone between industrial and light manufacturing, and that at least two of the others (the tanning booths on Martell Rd.) she was unaware of. Pat Keene, the legal counsel representing the Martell Investments Inc. argued later that “You can’t close your eyes to existing uses in a number of areas and then say you not allowed (to do the same). It violates…due process. If these uses have been allowed and unchallenged then it is unfair and unreasonable to apply that to this particular use.” He suggested that the board clarify the zoning language.

Many of the board members were considering allowing Regan to allow personal services and require a permit for him to do so, however Grijalva said that this would require that they develop findings for why the uses are allowed as well as she cautioned them to consider the precedent this could set. “…the decision that you make applies to all M zoning districts. So all the property zoned M would be able to benefit…or take advantage of the decision that you make.” Ultimately, the Board once again continued the matter while an adhoc committee works on details of language that would meet the needs of the developer and the county.