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2006-03-09 Tplanning_director
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2006-03-09 Tplanning_director
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that and not even be able to pay this much attention. But I have a few sort of major little things <br />that are kind of hanging over my head that I need to get cleared out before I can feel like going <br />head with it. <br />One of them was just the last thing that Mr. Torigoe said. He said like, you know, if theres <br />preliminary problems in the preliminary, then that can be addressed and handled in the final. But <br />then when I, I dont see anybody else talk about this. But every time I read it, I see on page 12 <br />on the yellow copy down, you know, just in 23-73, the underline says, you know, the last half of <br />the underlined sentence near the end of 23-73, the directors issuance of final subdivision <br />approval shall be valid despite the absence of technical information as required by section 23- <br />69and 70. So thats not preliminary. Thats final. And 23-69 and 70 have a lot of stuff in it. <br />So that seems to run contrary to what you just said a minute ago. <br />And the other part of my issue, just as long as were on that, is it feels like if in some way were <br />sayingthePlanningDirectormayproceedtoevaluateanapplicationeventhoughsomethingis <br />missing, that feels okay to me. But it feels like some of this wording. which maybe was <br />Commissioner Iwashitas concern about trying to be more finally honed, it sounds like the <br />wording like The directors issuance of final subdivision approval shall be valid, its kind of <br />like inoculating it against court challenge or something. I dont want to inoculate it against court <br />challenge. If the guy didnt hand in this set and the other thing, hes colluding with some <br />director in the future, I dont want to inoculate him against court challenge. But if all Im doing <br />is allowing the Director to proceed with his best efforts cause of something technically missing, <br />Im okay with that. But Im, I dont know -. <br />ALAMEDA:Yeah. Well, Mr. Director? <br />YUEN:It says shall be valid despite the absence of information contained in <br />sections 23-69 and 23-70. Let me go down one by one through that information and tell you, <br />you want to go -? I mean we can do that. <br />GRAHAM:Prior to that? <br />YUEN:Pardon me? <br />GRAHAM:Commissioner Graham, go ahead. <br />GRAHAM:Can I, prior to details, Chris, can I ask is this effectively inoculating from <br />court challenge or is this effectively allowing you to proceed to process the application? <br />ALAMEDA:Mr. Director? <br />YUEN:It inoculates it from court challenge for the lack of the information in 23- <br />69 or 23-70, for lack of that information, yes. It does not inoculate it from court challenge for all <br />causes, strictly the information in 23-69 and 23-70. <br />ALAMEDA:Commissioner Graham, follow-up? <br />GRAHAM:And thats on final subdivision approval, not preliminary, right? <br />18EXHIBIT D <br /> <br />
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