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JACKSON: Thank you Chair. I just wanted to find out whether you asked the Applicant if they received the Background and Recommendation and if they agree to the conditions? REPLOGLE: We did, they said at the beginning they did but I will ask it again. JACKSON: I didn't hear that, I'm sorry. REPLOGLE: Okay. You the Applicants agree with the Planning Director's recommendations? G. YAMANAKA: I think we just had some questions on the applicability of some it but, that would be it and I wasn't certain whether we addressed that after or now? REPLOGLE: Now. G. YAMANAKA: Okay. == REPLOGLE: Now, you should. G. YAMANAKA: There are certain:elements of the conditionsor the affordable_hou,sing and maybe something I need to learn more-about but, after reading through it I just wasn't certain considering the unique situation of thenon conforming to tl legal conforming what was applicable and what wasn't applicable it didn't seem like everything was but I guess that gets worked out later whether it or isn't. REPLOGLE: Director Kern? KERN: Yes, so the challenge withthat one is it's not something that we come up it is driven by Chapter 11 under the housin affordable g. So, any rezone is subject not every rezone but various rezones 41-----0§-iibje-ofiro,bp affordable housing component. We looked at this because again it is a bit odd to=have that tied to;anMGXzoning that=doesn't actually create affordable housing or excuse doesn't create housing units But, what they've done is they've included basically a certain amount_of employment-thresholc so, as employment grows to a certain threshold then there is a wanlikr.A certain amount of affordability. That is not something that we create again that's a Chapter 1l under affordable housing I think it's something that we can definitely further discuss and if there is a:way that Council can work on amending that or adjusting that that would be an option. Don't necessarily know howit will affect you folks because it hits a certain threshold and don't know the inner workings of the amount of employment there and what not. So, that's where that one came up, Maija do you want to add to it? JACKSON: I do actually that was one condition we put in because it's our standard condition but because of the MCX zoning like Director Kern said we weren't really sure how it applied. While we've been in this meeting I've been looking at the Housing Code to try to clarify how it would apply in this situation and I actually think we can recommend deleting the condition because there is a section in the Housing Code that says that it would apply if you can create 100 13 EXHIBIT B(DRAFT)