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GALDONES:No. <br />HAYASHI:Motion does not pass, the motion was 4 ayes for an unfavorable <br />recommendation and 3 nos. <br />GALDONES:Norman procedurally where does this go right now? It still, it still is <br />forwarded to the County Council without a recommendation? <br />HAYASHI:It could be forwarded to the County Council or you can ask the Applicant <br />whether they would like to have it deferred until you have a more-. <br />YUEN:Are they up against their timeframe? Are they up against the timeframe? <br />HAYASHI:Pardon? <br />YUEN:Wherearetheyatinthetimeframebecausetheycanonly-.Itstayswith <br />the Planning Commission until there is a favorable recommendation or an unfavorable <br />recommendation by 5 votes for I believe 120 days. <br />HAYASHI:I believe its the Planning Director sends the application to the Planning <br />Commission within 120 days. The application first came in and was completed and accepted on <br />th <br />March 17, 2005 so July 17 would have been 120 days. <br />YUEN:Yes, what I- after- let me not just do this off-, could you bring me the <br />Chapter 25 for a second so I can just double-check this? This is the question of whether this is <br />deferred now or whether you have the option of taking it to the County Council with a negative <br />recommendation. <br />GALDONES:Commissioner Watanabe? <br />YUEN:The question is when did they receive it, when did the Commission <br />receive it from us? <br />HAYASHI:Technically the Commission received it today. <br />YUEN:Yes,theCommissionhas90daysafterreceiptoftheapplicationfromthe <br />Director unless a longer period is agreed to by the applicant to transmit the proposed change of <br />ordinancetogetherwithitsrecommendationstotheCouncil.TheCommissionshallrecommend <br />approval at whole or in part or with or without modifications or rejection. If the Commission <br />doesntactwithin90daysthepetitionshallbe-theapplicationshallbeconsideredan <br />unfavorable recommendation by the Commission and the application shall be transmitted to the <br />Councilwithsuchrecommendation.Soitremainsherefor90daysuntil,andwouldbeputback <br />on the agenda. After 90 days if the Commission, because this is not a denial, this vote is an <br />unfavorablerecommendationbutitsnotaconclusiveaction.Afterthattimeperiodthe <br />EXHIBIT B <br />13 <br /> <br />