2005-04-22 TUmphrey REZ 03-032 - Laserfiche WebLink

Home

GALDONES:Commissioner Iwashita? IWASHITA:Thank you. As I stated earlier, because of the uncertainty of the timing of when this zoning would actually take place, if it ever did take place in the future and the fact that with the Community Development Plans that are going to be worked on in the next year or so and adopted by law by the County Council as part of the General Plan process that it seems to me counter productive or at least creating a gray area. If we send this on for favorable recommendation and the County Council adopts it that now we have conditions in place under, essentially at the time it comes into effect, will be old law and that the changes that may occur under the community development plan process will be run up against a legal dam on this particular project because it really couldnt be implemented. So, I think its better procedure and policy for us to not give a favorable recommendation on this project since there are so many uncertainties time-wise as to when or if it ever will take place and allow our planning process to go forward and in the future if the owner wants to come forward with a project that conforms to those new laws whether they be design changes to zoning ordinance and building codes and so forth and the community development plan that it can be done on that basis. Thank you. GALDONES:Mr. Yuen. YUEN:I just wanted to say a couple of things on issues that came up because I said earlier that I want to discuss the question of passing it with conditions versus saying no for now and I also wanted to talk about the Community Development Plans. I dont want us to be in a position where we are, in effect, having a moratorium while the Community Development Plans are being prepared. That could- first of all the Community Development Plans are probably about a 2-year process to get that done. I also, on this zoning in particular, I doubt that the Community Development Plan would tell us much that was that specific to this site. Its still, although a Community Development Plan is at a more specific, less general level than the General Plan, I dont think were going to get into a lot by lot sort of planning thats going to tell you this lot should be- this half acre lot here, which is what this is, should be commercial. This half acre lot should be a multi-family building. This lot should be a gas station. There may be that in a very confined area but I just dont think thats where the plan- the plan is going to tell you that much more for- thats going to change the decision that one would make for an application like this. It may be that there is an application that we would say, well maybe we should wait for a community development plan for that but Id really, on the scale of this application I, thats my sense of that. On the more general question ways of waiting and rejecting versus passing with these conditions- people do come in with applications and then, Im just raising the practical aspect of this. And then the Department works up the application. We look at it. We dont- we try not to pre-judge them. At the end of the day and in looking at this application, we have a lot of concerns about the access and so we put these conditions in. Its likely, if you reject it and tell them to come back. Some day they will come back and we will go through the same process again very likely. So thats my concern about- and one practical for passing with conditions rather than saying no just wait and come back in 3 years or so when some of these other things have hopefully been solved. It does result in approval but cannot be implemented right away. That is a down side to it and its a downside much more for 14 EXHIBIT A