2006-04-07 TAinaloa - Laserfiche WebLink

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50 lots, frankly, there is no fair share. Because if its within his existing zoning, the County currently does not impose fair share and he wouldnt need a permit for that. He could, you know, he could do a subdivision under his existing zoning. If he came in for rezoning, I just dont know because it would depend on if the County passed an impact fee ordinance which we dont have right now; and under their existing policy, theyre not even imposing fair share on anything thats larger than one acre. So I think its just too speculative. ALAMEDA:Mr. Director? Youd like to comment on that? LEITHEAD-TODD:Youre asking if he paid the half a million, right? YUEN:Yeah, you know, the scenario would be if he paid the half a million and then did not eventually develop the property and then came in with a completely differentproject,thatIcantseehowitwouldbecreditedagainstthecompletelydifferent project. Theres no, not only theres no mechanism for it -. And theres no, youve paid money toward an impact of one project and then you have a completely different project, that I dont see any credit for it. We havent negotiated that there would be a credit. And theres, if anybody comes in for, you know, what fees are required depends upon on what kind of, a fee itself is a little bit unusual, its more typically that you have to make an improvement. As far as if the County passed an impact fee ordinance, it might apply to the subdivision of this property; but I dont think that -. The impact fee would not credit something that was paid for the golf course of the property, if there was a subdivision. So I just dont really see a credit against a completely different project. And if, Ms. Song, do you see a scenario? I dont really see a scenario. SONG:I cant speculate. But if my client decides to pay the money to keep his permit alive and doesnt want to start the golf course in the next year, essentially the money is paid, he cant get that money back. Thats it. The County gets the money and hopefully they spend it on Ainaloa Boulevard, or whatever they want to do for the road improvement, but thats money he has lost. So ultimately if he decides not to do the golf course, the County still has that money. YUEN:I believe actually he has, if he paid the money, he would have more than a year because he would then have the full time period of the permit that was granted, but --. SONG:Right, right. But Im saying --. YUEN:But in a scenario where then that lapsed and there was no further time extension and the permit lapsed, I dont really see a scenario where they would be credited against a further project. ALAMEDA:Okay. You may have answered Commissioner Siracusas question already. 22EXHIBIT D