2021-07-01 Windward Exh C Kirpal Meditation & Ecological Center SPP 20-220

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CLARKSON: I'd just like to ask the Director or other members of the staff. What would happen to the property, or what actions would the Planning Department take if this motion were defeated, and it was not issued? I'm just curious what would happen then. KERN: I can't speak for the other departments; from the Planning Department side the applicant would be required to be compliant with the setbacks or request the variance or go through a proper channel to legitimize whether the building setbacks and anything having to do with Chapter 25 on our side. CLARKSON: Thank you. KERN: Just want to point uh Chair Replogle, Commissioner Raffipiy has his hand up, I'm not sure if that's— REPLOGLE: Thank you. Commissioner Raffipiy? RAFFIPIY: Thank you Mr. Chair. My pet peeve, in this situation is the is as such that Commissioner Au have already stated. However, I feel like we, yeah, I'm conflicted in this one as well because one we do not issue the permit. On the other hand, what options do we have we can either deny or I don't want to say legitimize it but to issue the permit so the business will be legitimate. But the process by which we are doing is after the fact is what got me on this one. It's after the fact. That's all, thank you. REPLOGLE: Thank you Mr. Raffipiy. Anything else? Yes, Mr. Lin. LIN: Yeah, I think Commissioner Raffipiy kind of ties into what my intent was it's just that I think the County is really offering Mr. Sussman in an opportunity an olive branch, a second chance for this property. But in the future for any other applicants, we may not consider giving you the opportunity to do things after the fact. I believe that we should be upholding with the Codes, the Planning codes currently in the County and we can't be looking a Special Use permits for everybody. That's just my comment. Thank you. REPLOGLE: Thank you. Mr. yes, Mr. Kern. KERN: Thank you. Just to add to the conversation, when an applicant, application comes in the Department whether they had an existing operation or nothing at all we look at it at a stand-alone situation for that land use and what the merits of that application are. So, I want to make it clear too that by supporting this application or giving it a favorable recommendation doesn't set a precedence that anybody coming in with a situation like that would get the same situation or the same recommendation for that matter. In all cases it's always better for the person to come you know prior to what they want to do, go through the proper channels, go to the proper permitting, that's obviously the way we'd like to see things happen, doesn't always happen and so when we do, we look at it really on a stand-alone level. Like would this make sense whether it was there or not, so I just want to put you know set that for the record that's really the way that we're looking at that. So, I think we're all in alignment with that thought process. Thank you. 14 EXHIBIT C