2007-06-05 TMATSON - Laserfiche WebLink

Home

HAYASHI: Oh, yes, as far as this particular area, the Harbor and its facilities were developed many, many years ago. Rule 17 was not in existence at that time. In order for, as part of this particular request, the applicant would be required to put in some sort of landscaping in accordance with Rule No.17. SIRACUSA: Thank you. May I? GRAHAM: Go ahead, Commissioner Siracusa. SIRACUSA: Yes. I understand that the applicant is requesting that the Planning Director waive the requirement for a shoreline survey. So I would like to ask the Director if he does indeed intend to do that. GRAHAM: Mr. Yuen? YUEN: Yes, I would because the improvements are clearly outside the shoreline setback. I’d have to look at the Rule. I’m not so sure that Rule 17 does require, actually require landscaping on the site because it’s surrounded by Industrial, it doesn’t actually abut. Let’s take a look at that. The reason I say that is that it doesn’t, I think if you have an Industrial abutting a Residential then you would have to do landscaping. I don’t think it requires that you landscape an Industrial site that’s entirely within, contained within an Industrial area. SIRACUSA: Follow-up. GRAHAM: Commissioner Siracusa. SIRACUSA: Do we need then to put another condition or anything else in the conditions there to specify that a shoreline survey is not required so that there would be no question about it down the line somewhere? GRAHAM: Mr. Yuen, do you have any thoughts on that? YUEN: I don’t think it’s necessary as a condition. There’s a rule that says the Director can waive the shoreline certification when the development is clearly outside the shoreline setback. And this site, first of all, it’s the harbor, and the shoreline is largely set by improvements on the harbor; and then, secondly, it is clearly well beyond 40 feet from the shoreline setback. If this were just coming in, say there was already an SMA Permit that allowed it but then the plans came in for the building, they have to show compliance with the shoreline back for the building. And sometimes even though there’s an SMA Permit you have to go recertify the shoreline to get your building plans approved. But in this case it’s quite clear that there’s no point in having a shoreline certification. GRAHAM: Mr. Hayashi, did you have anything ready to go on the landscaping? HAYASHI: Rule 17 does address landscaping and it does talk about the MCX, ML, MG District needing to provide some kind of buffer yard or landscaping. But if the Director EXHIBIT B 3