2009-07-01 THI JOHNS - Laserfiche WebLink

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DOMINGO: I’d just like, Mr. Chairman, I’d just like to confirm what the counsel stated in regards to the need to go to the State Land Use Commission. I understand because it is within the State Land Use Agricultural District and that it’s a prime agricultural parcel -. GONZALEZ: Yeah, I believe that it has been designated Important Agricultural Land as well as classified as -. Yes, the simple answer is yes, Mr. Domingo. DOMINGO: And it’s only because we’re contemplating action with regards to going against the recommendation of the Planning Director that that triggers it? GONZALEZ: No, I wanted -. Yes, I want it to be clear that you folks and the applicant was aware that by, this body doesn’t have the final say in approving the requested use, that because of the State law there’s another body of the government that has to give you final approval. DOMINGO: What’s with regards to cellular towers in State Land Use Agricultural Districts? HAYASHI: Perhaps I can respond to that. This particular provision of the Statute applies to any property that is designated as Important Ag Land. Currently as far as we’re concerned we don’t know what the definition of Important Ag Land means in the Statute. This is why we need to check with the State Land Use Commission as to what is the definition. If there is no current definition for Important Ag Land then perhaps the action of the Planning Commission, if they we were to approve the application, would be final. However, if they determine that Important Ag Land is determined as lands classified as soil, Class Soil B by the Land Study Bureau or on the County’s General Plan as Important Ag land, then that would have to have the State Land Use Commission’s approval. So it doesn’t necessarily mean that just because you’re overturning our recommendation that it will go to the State Land Use Commission. Any time that the property is situated within an area designated as Important Ag land or if it’s more than 15 acres, it would be going to the Land Use Commission for ratification. DOMIGNO: Thank you. Of course this not being more than 15 acres or even near that size, I’m just wondering -. As long as I’ve been here on the Commission we’ve entertained a number of special permits. And has it at any time necessitated that measures taken action on those applications have been forwarded to the State Land Use Commission for their input or for a final decision? HAYASHI: Well, this provision of the Statute was just recently brought to our attention; and this would be the first time that such a decision would be made to send it to the State Land Use Commission. But then again, as I indicated earlier, we may have to check with the State Land Use Commission as to what is defined as Important Ag Land. DOMINGO: So if this is the first item or issue that we’re going to, we would do and 10 EXHIBIT A