Laserfiche WebLink
property or the people that have expressed demand decide they cant make it happenthe property <br />wont go. Second when they do, if the auction is held we get a successful bidder they will be <br />before you again for an SMA to address impacts to that coastal area. <br />YUEN:Well that is true that this isnt the end of the story and that even if you I <br />presume you have to award it at auction and then thewinning party would then submit an SMA <br />application. There would be some, they would, youd have to put probably some kind of clause <br />that they can surrender the lease if they dont get the SMA permit application. Its my, I know <br />that theres a reference somewhere in the application to a restaurant being interested in this. And <br />there are, theres some, certainly there are more and less compatible kinds of developments that <br />could take place here but youre going to be constrained to award it to the highest responsible <br />bidder at auction and then when it does come, if and when it does come for SMA permit and we <br />have a range of things that we can look at in the SMA and within the MCX zone which is one of <br />the broadest as far as what is allowed then I can imagine there are some kinds of uses that would <br />notbeoffensivetothecurrentpublicuseofthebeachareathereandthecanoeclubs.And <br />theres some that might really be problematic. Is there any, the State has any ability at all to <br />specify a range of uses in a commercial lease. I should know this having been there but I dont <br />know that we ever really dealt with this as a question. <br />CHUN:Normally, well like again this is a new function for us to try and actively <br />go and market some of our properties. And to date we have not tried to limit just because it <br />would limit potential lessees. Again we think that as far as the rezoning its in place its <br />consistent with the General Plan. As far as impacts to the shoreline and what have you that will <br />be your purview during the SMA. And youre right, successful bidder we give them a window <br />to go and get the SMA and if they cant, actually we never enter into the lease. You know so we <br />give them a timeframe to go and process and obtain an SMA. Usually well ask them to submit <br />within an X amount of months, obtain it within you know a year or what have you. And if they <br />cant everybody walks away. <br />GALDONES:Commissioner Siracusa? <br />SIRACUSA:Yes, your Appendix A in the EA, permitted uses in the MCX zoned <br />district and my question I guess is of the Director at this point. If this means that these are uses <br />that dont have to require an SMA permit because theyre already permitted? <br />YUEN:No, all of these. If it werent any, these are the things that you could do if <br />it werent in the SMA. Any applicant wanting to do really any significant development on the <br />site would have to get, still have to get an SMA permit for any of these uses to go ahead with the <br />project. You would have to tie back you know again wed be like we were in the previous <br />application. If we wanted to deny the SMA permit or to put conditions on it that would, those <br />conditions or that denial would have to be tied to something in the SMA law that you are allowed <br />to consider. Like if there were some kind of industrial facility that there was a potential for <br />pollution that could be denied on that grounds. But it wouldnt, it isnt although there is this <br />other step I dont want us to just say well and I dont want the Commissioners or the Council on <br />this when they come to look at this to think we have unfettered discretion and like it dont like it, <br />yes, no, when the SMA permit comes in. <br />EXHIBIT B <br />6 <br /> <br />