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