2005-01-21 TIMMING - Laserfiche WebLink

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environment, its only under those kinds of conditions that traffic becomes relevant to an SMA permit. And then, if it is relevant, then the Commission also has to look at whether there are conditions that can be applied to mitigate that impact, rather than just rejecting the permit out of hand. So, basically, traffic should not be an issue on an SMA permit unless it is a real impact on the environment; and then you need to see if you can mitigate that impact by conditions. SIRACUSA:And increased density, as an issue? TORIGOE:I would defer that. SPRINGER:Mr. Takemoto. TAKEMOTO:Well,notnecessarilydensity,yourereferringtoaffordablehousing, right? And, there is a finding in the hearings officers report, its Number 54. That basically, if I can summarize, that this property was already zoned and affordable housing requirements are imposed at the rezoning stage. And so, basically, through an SMA its not appropriate to impose affordable housing requirements. The way, I dont know if you can rough topic, but the way Finding 54 is written now, the Director had some problems with it and he wanted it clarified. Is it appropriate now for me to read the Directors desired amendment to this finding? TORIGOE:I suppose. SPRINGER:Mr. Torigoe? TORIGOE:Yeah, go ahead. TAKEMOTO:Okay, so it would, presently reads, Although Messick claims that units within the development will not be affordable for the local market, and heres where the change begins, we would strike everything after that comma and replace it with, the zoning of the subject property preceded affordable housing requirements. Hence there are no affordable housing requirements on this project. And, The SMA law does not authorize adding a new affordable housing condition to property already zoned and without this requirement. SIRACUSA:So youre saying its grandfathered? TAKEMOTO:Yes. SPRINGER:And thats an amendment, recommended amendment to what section? TAKEMOTO:Finding 54. SPRINGER:Thank you. Other Commissioners, any discussion? If the Commissioners have no further questions for the applicant and his representative, I would like to, again, ask if theres anyone in the audience who would like to testify.