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GRAHAM:Thank you, Commissioner Watanabe. Commissioner Siracusa? <br />SIRACUSA:For Mr. Torigoe. I take it that, since this is ‚ Item L in the <br />Recommendations ‚ pursuant to Chapter 11, that we really dont have any choice in the matter. <br />Is that accurate? Do we or do we not have latitude? Basically thats what I want to know to <br />make any changes to Condition L, if we want to. <br />GRAHAM:Hold on just a second while we have a little discussion. We also <br />need to keep in mind that we are only making a recommendation to the County Council on this <br />item. <br />TORIGOE:Mr. Chairman? <br />GRAHAM:Yes, Mr. Torigoe? <br />TORIGOE:Just to clarify. It sounds like Commissioner Siracusa is basically <br />askingthatiftheCommissionrequirescompliancewithChapter11atthispointforthis <br />application, then can the Commission vary from the requirements of Chapter 11. Is that what <br />you are asking, Ms. Siracusa? <br />GRAHAM:Commissioner Siracusa? <br />SIRACUSA:Im sorry I didnt catch all of that. <br />TORIGOE:Okay. You are asking if the Commission has any choice or leeway <br />in dealing with Chapter 11. And basically you were saying that assuming that the Commission <br />does apply the current Chapter 11 requirements in this case, then it sounds like you are asking if <br />the Commission has any authority to vary from the requirements of the current Chapter 11. <br />SIRACUSA:Basically Im asking -. Are we required to go by Chapter 11 here? <br />I mean its been put in. Is that a policy or is that law? <br />GRAHAM:Mr. Torigoe? <br />TORIGOE:I cant give you a real solid answer on that. I havent really looked <br />at the details of Chapter 11 as to how it applies to applications for extensions of time like this. <br />The policy of the Planning Department has been to apply it. So thats why the recommendation <br />comes to you, I think, in the way it has. But now you can ask the Planning Director if hes got <br />some other view on that. <br />SIRACUSA:Mr. Director? <br />YUEN:I think its consistent with Chapter 11. I wouldnt say its <br />absolutely required to put it on a time extension, but we have been consistently doing this on <br />time extensions for two to three years. <br />12EXHIBIT A <br /> <br />