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rd YUEN:And it was January 3 I think you said that it was in front of the Commission. Yeah. So, I mean, if the applicant wants to go and get it to Council, they can go with a negative recommendation. If we defer today, for example -. I mean that part is up to the applicant. I would rather have a recommendation from the Commission and send it up to the Council and have them deal with the legal issue. The Council does not have a timeframe when they get a zoning amendment. You know, they can hold it. And, again, if Corp. Counsel says, no, dont pass this until the General Plan is passed then they should hold it. ALAMEDA:Commissioner Siracusa, follow-up? SIRACUSA:So are you then saying that the motion should be worded provisionally? YUEN:No. I think that the Commission should, again, you know, if the Commission is basically in support of the rezoning, you have to make that decision. But if yourebasicallysupportingtherezoningandyoureconcernedaboutthetiming,Iwouldsayjust pass it and send it to Council; and we will have Corp. Counsel look at this before Council has the hearings on it. And I have to assume that the Council will follow whatever Corp. Counsels recommendation is as far as timing of action on this. As a practical matter, it doesnt matter, it shouldnt matter that much to the applicant because the General Plan has to go through before the zoning can take effect anyway. ALAMEDA:Commissioner Siracusa. SIRACUSA:You know, thats what Im saying is that, youre saying that if we make a motion to approve then would we be saying in the motion that this approval is contingent upon the passage of the General Plan Amendment, or provided that Corp. Counsel finds this action legal, or something along those lines. YUEN:The condition already says the zoning is not effective until the General Plan is amended. We felt that that was enough to meet the requirement that the zoning be consistent with the General Plan. Im certainly willing to have Corp. Counsel take a look at it and advise us as to whether that works. And if it doesnt work, then Council should hold the rezoning until they act on the General Plan Amendment. ALAMEDA:Yes, Commissioner Iwashita. IWASHITA:Thank you, Mr. Chair. Just on the skeletal representation of the Holding and Dalton, the facts of this case which are, one, we have zoning, we have Medium Density General Plan designation which does not allow a General Commercial zoning within that area. On the face of that its clear we cannot approve this, neither can the Council. The question then raised by the condition being placed in this proposal that says, well, well approve it subject to, basically, as a condition precedent the General Plan being amended so that the zoning can conform seems to walk right into the Holding as represented of the Dalton case. You are doing a zoning change not in conformance with zoning, and then youre changing the zoning specifically to meet this zoning change, youre changing the General Plan specifically to meet this zoning change. You know, and thats why I for one cannot agree to go forward with this. And, I, you know, I would vote to deny it actually just based on that skeletal understanding of the Dalton case and how were supposed to proceed. You know, so my, what I would prefer is, I guess in 32EXHIBIT C