|
own admission, it's hard for me to understand exactly what we're replacing and what is better,
<br />maybe if we could get a - - -.
<br />VITOUSEK: Sure, if I could restate it. The issue that I'm raising is with the automatic approval
<br />of permits after 60 days following the public testimony. So, under the proposed regulations, in
<br />accordance with the Planning Commission rules, after public testimony's closed, there's 60 days
<br />for the Planning Commission to render a decision on that application and if you don't meet those
<br />60 days, then that application is automatically approved. But the question is, if the applicant
<br />agrees to deferring, then we get an extension on that 60 days, so that it doesn't automatically
<br />approve after the 60 days. r
<br />CARR SMITH: Go ahead, Jeff.
<br />DARROW: So, the actual language of that extension-i`s in 91-13.5.~Jt says that there are a
<br />number of factors that could delay the hearing, one- offfiem is a lack of_quorum, and that's a
<br />result that nobodycan see and so at that oint,the -sa that that's nota you cannot automatically
<br />p Y Y �Y Y
<br />approve the permit based on lack of quorum. The"other option it gives is�unless an extension is
<br />agreed upon to by all parties, and so that's where that,.agreement. language comes from. Now, we
<br />can place that in as an addition to our, language in the bill to make it clear that-the`automatically
<br />extension will not apply as long as a`continuance or time extension is agreed upon by all parties.
<br />i,
<br />VITOUSEK: I think that would be appropriate; and,having thai language basically copying the
<br />language that's in Planning -Commission rules 9(f)(I);_where if'states, "the applicant may request
<br />the commission to defer`on theapplicatioti majority vote of the total, membership of the
<br />commission is required,; the applicant can request to, defer the "motion on the application and the
<br />event the commissionl-fails to render decision 0406r action within a prescribed time limit, the
<br />request shall be denied. That's whatAhe languageti is,,m the Planning Commission rules, and if
<br />we're, if we're- adding to the zoning rules to..make ',it'in line with the Planning Commission rules,
<br />we might as, weld carry'that through as well. .
<br />DARROVV:-...Just to be clear, "you're not requesting that there be an automatic denial?
<br />VITOUSEK--,,N6,, that's not= - A,
<br />DARROW: Oka
<br />VITOUSEK: I'm not, I'm=-notJthink that deferral just means that we, we're not having an
<br />automatic approval.
<br />DARROW: Right. So the, the, there are two different sections of law that this applies to, 205A
<br />for the Special Management Area has its own requirements in regards to denial, but again, they
<br />both apply that if there's an agreement by all parties to extend, then the automatic denial or
<br />approval is off the table.
<br />4
<br />EXHIBIT F
<br />
|