Laserfiche WebLink
GRAHAM:Right. Well, -. <br />YUEN:All right, all this stuff is required in the Code. What this says is that you <br />cannot invalidate a subdivision later for the fact that it has been approved without this stuff <br />happening. <br />ALAMEDA:Without some of this. <br />YUEN:Okay. <br />ALAMEDA:Commissioner Graham. <br />GRAHAM:So then required in the Code is, what is required in the Code means youre <br />goingtoaskforitandpresumablyyouwantit,butitmeansthatifyoudontgetityourenot <br />obligated to get it. <br />ALAMEDA:Mr. Director? <br />YUEN:Well, I mean, thats like saying that you, theres a question of what youre <br />supposed to do administratively versus what are the consequences to the person who has <br />received the permit if those administrative things have not happened. And what is the <br />implication of the Ki€ilae decision on, is, say the date, northpoint and scale are missing, all right? <br />Now I agree that the subdivision application should have the date, northpoint and scale or the <br />final subdivision should have the date, northpoint and scale. What would happen, what is the <br />consequence if the Planning Department staff misses it, all right, and they finalize the <br />subdivision? Can the subdivision be thrown out later by court action because its a ‚shallƒ item <br />thats not in there? Thats the point of the new language to 23-73, that it cannot be. <br />ALAMEDA:Commissioner Graham? <br />GRAHAM:I feel like youre trivializing what are real concerns. Obviously, were not <br />concerned about the northpoint so, you keep bringing up the northpoint. But we are concerned <br />about some of these other more substantive things in here. So -. <br />YUEN:Well, thats why we need to go through it and see if theres -. You know, <br />if we have to do that, or maybe you can look at it and you can say, okay, what -. You know, <br />heres the thing. You want to have a Code that says youre supposed to do certain things, <br />because you want to have a good application, you want to have it in there. What you want <br />though is that if theres a technical error in approving something without this, you dont want it <br />to be thrown out because it wasnt in there. And thats the concern here. So you still are <br />requiring it but youre saying that if there is a mistake in approving something without some of <br />this information then the approval is still valid. <br />ALAMEDA:Commissioner Graham? <br />GRAHAM:Follow-up please? <br />22EXHIBIT D <br /> <br />