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we go ahead on this? Motion was made by Commissioner Siracusa, seconded by Commissioner
<br />Iwashita. Any further discussion before we -? Go ahead, Commissioner Iwashita.
<br />IWASHITA:Thank you, Mr. Chair. You know, I guess my, Im trying to get a full
<br />appreciation of how the process works and apply it to the changes being proposed. And I guess
<br />my, and my concern is that the breadth of the language thats being proposed seems to be subject
<br />to interpretation, you know, more than whats trying to being accomplished can be done. And
<br />specifically when you look at the language, and maybe its just my lack of understanding, but,
<br />and the reason why I would support a continuance and further refinement of this language, is so
<br />that it addresses the problem that the Director is raising, and not more. Because I dont think its
<br />the intent that we, you know, we do more than basically legitimize the current process and how it
<br />works. Because if you look at specifically, and I was going through the existing language, under
<br />certain things, in my mind and I guess in practice, thats always there in a preliminary plat that
<br />are set out in Section 23-63, 23-64, 23-65; and, you know, most of those things are there. You
<br />know,iftheres.littletechnicalthingsthatlikesortofgetomittedandareofconcern,youknow,
<br />like I guess in 23-63, putting unless deferred by the Director in those sections would address
<br />those issues. Rather than giving a broadbrush, you know, which is the language at the top of
<br />page 6, subsection (e) of the proposed changes to 23-62, I would prefer a more precise excision
<br />of, and addressing the specific kind of technical problems that the Director has raised and not do
<br />it in a broadbrush which in the wrong hands, you know, can be abused.
<br />ALAMEDA:Mr. Director?
<br />YUEN:Well, thats what I tried to do; and I dont know a better way to do it.
<br />Let me read (e) the directors deferral of a subdivision for further review under subsection (a)
<br />constitutes an acceptance of the contents of the preliminary plat as submitted, and the directors
<br />issuance of tentative and final subdivision approval is valid despite the failure of the preliminary
<br />plat to include all of the information specified in sections 23-63 to 23-66. It just means that its
<br />valid despite not having all of the information. That means that theyve gone through the
<br />process and theyve issued the tentative or the final approval, despite the fact that the preliminary
<br />plat, that is the map that was submitted with the application, does not have all of the information.
<br />It does not, for example, say that you can get the subdivision final approval if you dont build the
<br />road or you dont bond the road. For example, it does not say that you can get final subdivision
<br />approvals if your lots are smaller than the minimum lot size. It just says that you can, that if the
<br />preliminary plat does not have all the information thats not grounds for invalidating the
<br />subdivision later. Okay? Then the next sentence is to handle the common situation where
<br />maybe the person who intaked the subdivision and, well, it handles the situation where maybe
<br />some of the information is missing, you still want to send it on and not be, say, Mickey Mouse
<br />and bounce it around, bounce it back because they didnt put the northpoint on it, and you can
<br />require them to submit supplementary information prior to tentative or final approval. And it
<br />says The director may require the subdivider to submit supplementary information prior to
<br />tentative or final approval and may condition tentative or final approval on the submission of
<br />such information.
<br />Now you can mess things up no matter what you put in the Code. Thats true. And maybe
<br />people have said some complimentary things about me -. We, I make mistakes, everybody
<br />makes mistakes. You cant write a Code that prevents people from making mistakes. All this
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