2006-05-26 TBeltcollins - Laserfiche WebLink

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northern cul-de-sac. So we can say as a condition of subdivision that you have to consolidate the access with the other property. GRAHAM:Let me try this by Mr. Torigoe, if I may. ALAMEDA:Go ahead. GRAHAM:Ivan, when I was reading earlier today about conditions for approval of special management area permits, The development will not have any substantial adverse environmental or ecological effect except as such adverse effect is minimized to the extent practicable. So in this case the only clear adverse effect is the viewplanes; and it looks like they are going to minimize that to the extent practicable. And then I continue on with the sentence, and is clearly outweighed by public health, safety, or compelling public interest. So, to me, it feels like whatever adverse effect is there, even though it be minimized, should be outweighed by other concerns, such as public health, safety, and public interest. So the condition of the access is the roads are certainly factors that relate to public health, safety, and compelling public interest. So in that case, legally speaking, as long as there is any adverse environmental or ecological effect, even though it be minimized, as long as theres a substantial effect and it be minimized would still need to be outweighed by these other factors. So these other factors certainly come into play. Does that sound appropriate on a legal basis to you? TORIGOE:Well, you can make an argument that that would be a basis for putting in some kind of conditions. Certainly I think if the applicant is willing to accommodate or to agree to the conditions you could come to an agreement along those lines. GRAHAM:Okay, thank you. I dont think we have any disagreement on what we want to do, just was looking at what was appropriate to put here. MELROSE:Commissioner Graham, I think part of this is that the background report contains the intention of two and the applicant has acknowledged and received acceptance of the background report and conditions. I think theres a body of support there to fulfill that requirement. You understand that there were completed engineering drawings here that are basically out the door and will start all over. So we will be doing that in the redesign of the intersection at this juncture; and this subdivision plan that has been approved and land courted at the north end lots will have to be completely redone as well. So thats part of, in accepting the understanding from the Director we will have just two access points. Thats part of what were agreeing to do. GRAHAM:Does that sound adequate to you, Mr. Yuen? YUEN:Im comfortable with leaving it as it is and handling it in the subdivision. MELROSE:The other question you asked relating to viewplane, this is, as you know driving the road regularly theres a pretty significant slope away from the highway. The 150- foot setback, theres currently a 100-foot setback on the existing subdivision maps. Increasing it to 150 feet adds to the distance of the highway, but also adds to the distance below the highway. The current average line across at that point is at least 30 feet below the highway. So rooftops are not in the highway view as you go along there below. GRAHAM:A couple of things. When I look at the viewplane material that we were given, which is like spacing of a potential viewplane, and it shows the angle of the natural view to the shoreline and the view to the rooftop over residences and the view to the horizon -. So what Id like to do is have any view of any residences or anything be very low on the viewplane of the ocean, as they are on this particular example. But I also note, you know, we know that 7