2009-07-01 THI JOHNS - Laserfiche WebLink

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refer it to the State Land Use Commission, then other items on the agenda which would require a similar action by the Planning Commission would then also be referred to the State Land Use Commission for some interpretation or their opinion? HAYASHI: No. I think what we need to do is, first of all, check with the State Land Use Commission as to what the actual definition of Important Ag Land is. Once the determination has been made, then we can say that, okay, whenever an application comes in and it fits within this category of being Important Ag Land, then any approval by this Planning Commission would be forwarded to the State Land Use Commission for their approval; and it’s only for approval recommendations. If the Planning Commission at this level denies this particular petition or any other petition under similar situation, it would be a denial. DOMINGO: So if this Commission recommends approval of this petition and the Commission would make a decision as to no effect, then it will come back to the Planning Department or the Commission for further consideration? GONZALEZ: If I may -. Okay, so if I may step in at this point. So, Commissioner Domingo, is your question basically if this section is triggered we cannot outright approve, we conversely cannot outright deny? Is that what you’re trying to say? DOMINGO: Well, that’s my interpretation right now. That’s how I look at it. GONZALEZ: Okay, I can, well, if we can take a recess, I’ll go look it up, because I think that’s a valid question. I kind of have an idea of what is applicable here but I just want to make sure. So -. WOODWARD: Break time, ten minutes. RECESSED The Chair called a recess at 10:31 a.m. RECONVENED The meeting reconvened at 10:41 a.m. WOODWARD: All right, will the Planning Commission please come back to order. Mr. Gonzalez, I believe you have, got some research for us. GONZALEZ: I believe the Department has clarified for us that the Planning Commission has the final authority to deny special permits. Only in cases where it involves this section of the Statute, if they decide to approve such action, they do not have final authority to approve. It has to be forwarded. So they can deny outright. But if they approve, they don’t have final authority to approve, they have to get it ratified by the Land Use Commission. WOODWARD: All right. Discussion? Commissioner Ogata. OGATA: I’m ready to make a motion. 11 EXHIBIT A