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plants, it's just agricultural plants at this point. So it doesn't make sense to straddle this <br /> landowner with these difficult conditions, which would only be affecting their ability to make a <br /> living off of their property. <br /> KAY: If I might jump in, Chair Vitousek. Again,these conditions are meant to kind of call out <br /> some of the specific mitigation measures for the potential of these species; however, condition O <br /> of the rezone is kind of our standard catch-all, which reads, "The Applicant shall comply with all <br /> applicable County, State, and Federal codes, laws, rules, regulations, and requirements for the <br /> proposed development," so on and so forth. So there is kind of that catch-all that if there is <br /> anything related to the protection of species that are found, then those requirements would apply. <br /> If that's helpful. <br /> VITOUSEK: How about a catch-all type of condition indicating that if any state-listed <br /> endangered species are identified on the property, Division of Forestry and Wildlife will be <br /> conducted in order to mitigate any impacts from the project on those species. <br /> KAY: That sounds good. If I might jump in and just amend that a little bit, because we've been <br /> toying with this as well to kind of try to come up with something a little bit more comprehensive. <br /> So the thought is, "Should any state or federally listed or endangered species be located on the <br /> property, the applicant shall comply with all applicable requirements of the Department of <br /> Forestry and Wildlife and/or the U.S. Fish and Wildlife Service." <br /> VITOUSEK: That seems appropriate. <br /> KAY: Okay. <br /> VITOUSEK: I think if it were up to me, I would replace the specific boilerplate language in all <br /> conditions—what was it H through L, or whatever it was, with that one condition. <br /> KAY: Okay. <br /> VITOUSEK: Commissioner DeFranco. <br /> DEFRANCO: Okay, so are we ready to make a favorable recommendation then, Mike? <br /> VITOUSEK: Sure. If you'd like, you can reference the condition that Christian just stated <br /> DEFRANCO: And each—go ahead. <br /> VITOUSEK: as replacing the other conditions. And that's—are these conditions in both the <br /> rezone and the—okay, it's just the rezone that has <br /> KAY: Correct. <br /> VITOUSEK: So we'll be replacing those conditions with the condition that Christian said and <br /> then renumbering the rest. <br /> 11 <br /> EXHIBIT A <br />