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2006-05-05 THui-o-mana
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2006-05-05 THui-o-mana
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additional farm dwellings. Additionally, aquestion is whether or not this area can be subdivided. <br />Currently the parcel is zoned Ag-5. If the Applicants were able to meet the Subdivision Code in <br />regards to subdivision it appears that they may be able to subdivide the property in the future. <br />The conservation agricultural easement will be associated with the property that is connected to <br />the special permit. <br />The Planning Director is recommending that the Planning Commission approve this request. Are <br />there any questions? <br />ALAMEDA:Commissioners? Commissioner Graham. <br />GRAHAM:I have a couple of questions about the conditions you were just referring <br />to, Jeff. One is like the shuttle van, and we have Condition 6 that say shall utilize a shuttle van to <br />assist and bring in guests, and shall refer to the availability of the shuttle van service within <br />advertising.Imjustkindofquestioninglikehowisthisgoingtoturnoutovertheyearsinreal <br />life so maybe the average person who comes to the retreat facility may, lets say maybe they fly <br />in from Oahu, theyre going to rent a car and theyll probably spend a couple of days running <br />around the island, and theyll go spend five days up at the retreat facility or something. So its <br />certainly a lot easier for them just to drive their car up, I guess. So Im just, you know, Im just <br />kind of skeptical of putting in something that paper-wise sounds nice to us like were trying to <br />really address the problems of the roads; but, in effect, its just sort of, you know, a nice gesture <br />and maybe it becomes a bit of a humbug for them in some way. Anyway I have a concern about <br />that and Im sure you guys have thought about it. And do you have any considerations that you <br />can let me know about how you think this might, in fact, truly prove useful? <br />DARROW:If I can just, in the beginning when we were looking at this, we were <br />considering requiring the Applicant to just bring up the guests within the shuttle van service; but <br />thats very difficult to monitor. And, obviously, as you were mentioning its very, most of these <br />people will probably be utilizing this facility as part of a larger vacation or something and might <br />already have a rental car at that point. So it would be futile to try to enforce that type of <br />condition. Instead, the Planning Director recommended that the Applicants do purchase a shuttle <br />van or utilize a shuttle van service and that they offer it within their advertising so at least that <br />option is available. If there are large groups that are coming up, this shuttle van service can be <br />utilized to bring up large groups of people, rather than having several cars come up at that time. <br />Its just a means of trying to somehow deal with the problem in a small manner. <br />GRAHAM:Thank you. And one other question is on the maintenance of the portion <br />of the road, maybe the Planning Director is better to address this. But the fact that the Applicant <br />maybe agrees when he takes this permit, if he gets this permit, to maintain that portion of the <br />road, Im thinking of kind of a legal sense if some visitor has some problem on that road or <br />something and a legal issues arises even though the Applicant has said hes going to maintain the <br />road, Im sure the County could easily be a party in the litigation as well. And I dont know, I <br />guess what Im really asking that be, concise is more like how much legal responsibility does <br />this remove from the County? <br />YUEN:Well, it probably doesnt remove a lot of legal responsibility. Its an area <br />of road that although its probably a public road, this section -. I believe the only home, the only <br />dwelling is this property owners dwelling, so we think its a reasonable condition to make them <br />3EXHIBIT D <br /> <br />
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