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commercial use that they can do anything that’s permitted in the Commercial District. You put <br />all the conditions in necessary to encompass whatever might happen under that commercial <br />zoning. So they can change their plans and do something else, and do whatever. That’s sort of a <br />textbook idea of zoning <br />My feeling from having been, from six years of working in the Planning Department, listening to <br />people in the community, hearing the Commission, the Council, applicants is this -- that when <br />you walk down that road very often you’re in a situation where you’re really not comfortable <br />with the worst case scenario or full buildout scenario, yet the person who is applying has a very <br />specific idea in mind that is just fine. So you’re in a position of having to turn down the <br />applicant, who wants in this case, for example, to convert a very nice existing home into an <br />office, because you are concerned maybe it would be 7-Eleven or a gas station. And you’re not <br />really happy with that prospect, maybe you are, maybe not. But you have to go through that <br />analysis. So, given that, I personally made a little philosophical shift here in that I am <br />comfortable with having these kinds of very specific recommendations -- not that this should be <br />the rule, not that this should be the normal way of doing things. But where we have something <br />that is presented that is pretty specific from the applicant, pretty limited like this one where <br />although there is some commercial zoning what is still pretty residential as an area, that they can <br />look at having these very limited and specific kinds of zoning conditions. <br />GRAHAM: Commissioner Watanabe? <br />WATANABE: Yeah, as a follow-up then I take that to mean you feel comfortable that we <br />can enforce this even in spite of the classical thinking of how we change zoning. So I take it <br />you’re comfortable with the way it is written now. <br />YUEN: Right. You have to, and that’s where findings come into play because <br />every condition of zoning has these findings that they’re necessary for public welfare, etc. As a <br />matter of legality you will find older court cases that are stricter and say that you can’t put, that <br />zoning should be one size fits all and that you cannot put a lot of conditions on zoning. I think <br />by far the majority of modern court cases are much more flexible on this and uphold reasonable <br />conditions attached to zoning ordinances. <br />GRAHAM: Thank you, Mr. Yuen. Commissioner Siracusa. <br />SIRACUSA: Yes. In Condition B where we’re talking about landscaping according to <br />Rule 17, and I looked at the photographs and it looks to me like the property is nicely landscaped <br />already. So I’m wondering if anyone looked at that existing landscaping vis-a-vis what would <br />have to be changed to accommodate Rule 17. Is the existing landscaping better than Rule 17 or <br />would Rule 17 be better than the existing landscaping? I don’t know if maybe Jeff went and <br />looked at the property. And if so, did you look at it thinking about Rule 17? <br />GRAHAM: Go ahead, Jeff. <br />DARROW: Unfortunately being part of the Planning Commission there are other <br />divisions within our Department that works specifically on plan approval and landscaping <br /> EXHIBIT B <br />3 <br /> <br />