2006-03-09 Tplanning_director - Laserfiche WebLink

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MCCALL:Mr. Chairman? YUEN:Well, -. ALAMEDA:Hold on, please. Commissioner McCall? MCCALL:I can be very quick, let me just say one thing. As far as I understand these are changes to portions of the ordinance, this is not the entire subdivision ordinance. And were not saying that these things are not going to be in the final approval; were just saying its not going to be in the preliminary. Is that correct? ALAMEDA:Mr. Director? YUEN:Astotheinformationonthefinalplat,thereasonwemadethosechanges are that there are final plats that are also subject to being challenged because of the same technical lack of information. There are things in this list of things on 23-69 that are not typically done. Many of them involve technical surveying terms that are not commonly used. Its not a point of, and Id like to, you know, I mean, if were serious about, I have to -. The Commission does not deal with subdivisions, the Department deals with subdivisions. If you want I can go through this. But to say that you want to have this stuff on the final plat and that it should be subject to being invalidated later if its not on it is, I would like to, you know, if you say that, then I have go through it point by point and say really do you want to invalidate a final subdivision plat because it does not, do you want to have it open to being invalidated later by, say, a third party who may be the neighbor of the subdivision because it does not have this information? That is what is at stake here. Its not a question of whether the roads get put in or whether the subdivision happens or not. Its really a question of what stage can it be challenged by an outside party? TORIGOE:Can I ask -? ALAMEDA:Mr. Torigoe? TORIGOE:Yeah. Im just wondering, with respect to that section that Commissioner , Graham is talking about on 23-73, that lastThedirectors submission of the final plat to other , reviewers constitutes acceptance of the contents is that meaning to be a grandfathering thing or is that meant to be a prospective thing also? YUEN:Well, it is a grandfathering because of the -. There is a clause here, the Section 10 says This ordinance shall take effect upon its approval, and shall apply to all subdivision applications, tentative subdivision approvals, and final subdivision approvals before and after its effective date. And you have to understand the significance final subdivision approval is the last stage. And after final subdivision approval, people can go out and sell the lots. There isnt any handle after final subdivision approval. So, yes, it is meant to, it is, that last sentence 10 makes it apply to existing applications and the final approvals that have been given which may technically be at some risk because of the court decision. 20EXHIBIT D