2022-04-07 Windward Exh B (Item 1 Holcomb PL-SMA-2021-007)

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AU: Thank you, Commissioner Galimba for the question. Any other questions for either staff or the applicant? Okay, with no more questions or could I get a motion on the application, and we can discuss? DE LUZ: Motion to accept with the one revision on the timeline. GALIMBA: Second. AU: Okay, so the motion was to accept the SMA permit with the amendment stated by staff and motion was made by Commissioner De Luz and seconded by Commissioner Galimba. Okay, so we made the motion and got a second Commissioners do you have any discussions? LIN: Chair, I believe Director Kern has a question. AU: Go ahead Commissioner Kern. KERN: I get to be a commissioner again? AU: Aw, I'm sorry. KERN: Lucky me, I missed those days. No worries, hello everyone, nice to see you all. I just wanted to talk really briefly about this public access conversation. It's a tricky one. Certainly, some heartburn around it from a Planning Department perspective we don't want to block or limit public access that's for sure. Also want to make sure that what we're promoting or encouraging is safe for folks and with hearing what the applicant was willing to work with the fishermen and with the group. Thus, the language that we came up with is presented the way that it is I figured that there would be discussion today amongst the Commissioners and the applicant and possibly some tweaks so that language. It's like I said it's a tricky one for all the reasons that Jason says, and the safety side of it and we're actually going to be having some other meetings on the side to really define where those lines are drawn. As far as opening it up and then liability to the owner, to the County, and that was some of the concern on our side from the County side of what liability exists, if it's mandated. But I would like to also point you out to Condition 3 where the applicant has to substantially comply with the representations that are made. So, that's another backup as far as they've expressed very clearly what their plan is, how they're going to go approach this with obviously a little bit of room to massage it, so it works. And so, with that I feel comfortable that those fishermen that use that place will be honored and that to me is really that intent or a mechanism for others that might want to fish and go taken down there for them to do that. But really open to a dialogue around this if you folks want to adjust a little bit, I'm not going to have any issues with that. Just wanted to share that this one's a bit tricky and there was a lot of thought that went into it and happy to hear what everybody has to say and we're going to be working further to again kind of understand better ways to make this happen. Thank you for sure but thank you for the opportunity to share. 8 EXHIBIT B