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VITOUSEK: So, to follow up on that, the fair share contributions are established as condition <br /> within zoning ordinance and not as a result of county code. <br /> KERN: That's correct. <br /> VITOUSEK: So it's a case-by-case assessment then as to whether or not they apply because it's <br /> not codified. <br /> KERN: It's a case-by-case,but it's almost treated as if it were codified; so in every single <br /> rezoning ordinance for re- that's creating additional residential lot , we would have fair share in <br /> there. And so for example, if there was a rezoning ordinance that•was done, you know, 25 years <br /> ago that didn't have it at the time and it was coming in for a time extension like this, then the fair <br /> share conditions would be put in there. But you are right, it's notcodified, but it's essentially <br /> treated as if it were,because it's in every single one: . <br /> VITOUSEK: Thank you. Commissioner Van Perris. <br /> VAN PERNIS: Is, Mr. Kern, is it the county's position that how,much money.an applicant has <br /> and how they spend it a reason beyond,their control'to.get a time extension? <br /> KERN: I'm not exactly sure if I understand that question,but when an application comes in for <br /> a time extension or even a new application, we assess it based on the merits of the application, <br /> the General Plan, the CDP, and every single.elementthat.goes into making a land use decision, <br /> and base the recommendation on that. <br /> VAN PERNIS: Can you please answer the question of whether— <br /> . <br /> • KERN: I'm working on understanding it. <br /> VAN PERNIS: The question is a circumstance beyond the control of an applicant is required for <br /> a time extension, correct? • <br /> KERN: Circumstances beyond their control is a—yes, I believe that's, yes. <br /> HALL: Are we still speaking about the application at hand? I just want to make sure that we are <br /> staying on track, guys. <br /> VITOUSEK: Yeah— . <br /> HALL: Are we referring to any kind of hypothetical situations or are we talking about this <br /> specific application? <br /> VAN PERNIS: Don't interrupt me. I'm asking— <br /> HALL: What was that, Mr. Van Pernis? <br /> 8 <br /> DRAFT <br />