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change of zone, whatever they decide. Anyway, that's 1, you know, we work hard on those, so I
<br /> just want to be clear that this, it's unfortunate that it seems like the Planning Department is just
<br /> handing these out like, I don't know,just like Halloween candy or something, that's not the case.
<br /> And again, there is, once that administrative time extension ends, that project cannot move
<br /> forward. Thank you.
<br /> VITOUSEK: And many of the cases of extreme delays in these zoning ordinances that have
<br /> expired have received additional time from these administrative plan appr- administrative
<br /> extensions, as well as going back to the Commission and the Council for additional extensions.
<br /> So, it's not just the Planning Department that is creating these extensions, they've happened over
<br /> different administrations, different Councils. And I think, to me, a bigger part of how we deal
<br /> with that is the second part of the requested amendments, which basically indicates that if there's a
<br /> change in the conditions, one of those conditions being the time it takes to complete any of those
<br /> conditions,the Planning Director or Council may initiate, may initiate proceedings to revoke the
<br /> zoning or recommend a more appropriate zoning. And, to me, that is what is perpetuating this
<br /> cycle of stale ordinances with zoning sitting out there where the zoning is perpetuated but the
<br /> conditions have expired, and now what do we do, you know. There's not, there's not a clear
<br /> indication of what should be done then on our side, with the Council side. I think clarifying those
<br /> to indicate that, you know, what the procedures must be,they must reapply and examine the
<br /> existing environmental conditions to recondition that development based on current standards, that
<br /> kind of clarification in the zoning code would be extremely beneficial, rather than the language of
<br /> "may seek rezoning,"which may or may not happen and may or may not be appropriate.
<br /> INABA: Chair, if I may respond?
<br /> VITOUSEK: Sure.
<br /> INABE: I don't—I agree with that recommendation. Unfortunately, right now, like Deputy
<br /> Darrow said, we don't have a way to show what is coming up on expiration, so there's no
<br /> mechanism for us to even try and apply those recommendations, because we don't know what
<br /> applications are becoming stale, about to become stale, are stale already.
<br /> And I want to go back to Vice Chair DeFranco's question. So I can just read the language that is
<br /> typically inserted into the rezoning bills, and it reads, "An initial extension of time for the
<br /> performance of conditions within the ordinance may be granted by the Planning Director upon the
<br /> following circumstances: 1. The non-performance is the result of conditions that could not have
<br /> been foreseen or are beyond the control of the applicant and that are not the result of their fault or
<br /> negligence; that the extension will not be contrary to the General Plan or Zoning Code; would not
<br /> be contrary to the original reasons for the granting of the change of zone; that it wouldn't be for a
<br /> period longer than the original period granted; and if an additional time extension past that is
<br /> required,then they come back to the process." So, yes, technically, currently, the County Council
<br /> approves ordinances, approves bills that become ordinance with that language in it, so we are
<br /> authorizing the Director's power to do that. The question is, are we okay with that? And if we are
<br /> not okay with it, is it my duty or the duty of the Council at every single application to have to
<br /> make a motion to remove that condition? Because it's always put in, doesn't matter what, it's
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