2003-07-18 tnextel - Laserfiche WebLink

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YUEN:Yes, the application is made on, is also made on behalf of landowner. So, for example, and IÓm not saying they did do this in this case, but if somebody limited an application to a portion of their property in an attempt to avoid a condition, for example -. Suppose you had a piece of oceanfront want a public access condition, and so they applied for a permit for the half of their property that did not include the oceanfront and said that you could not make a public access condition over the rest of the property. We would not recognize that attempt, just to get an example. So I understand that we could not make Nextel do anything with respect to the site, but there is a possibility if the Commission wishes of making a condition that affects property outside of the Nextel by either license or easement, whichever they have, but does affect the landownerÓs property. KUBOTA:Mr. Chair? FUJIKAWA:Go ahead, Commissioner Kubota? KUBOTA: Not to belabor the point but I donÓt quite understand how, I think IÓve been told many times that you cannot attach a condition to an application if it is outside of the application; and youÓre saying exactly that. I mean, the control of the surrounding land is not in the control of Nextel as such because they are leasing just ÐxÑ amount of square footage. How do we have jurisdiction then to condition the application with something that has nothing to do with the application itsel FUJIKAWA:Maybe the Corp. Counsel, Mr. Torigoe, you have any comm on this? TORIGOE:Well, it sounds like, you know, Mr. Yuen has basically explained that itÓs, Nextel is here as the applicant but they are also here basically on behalf of the landowner. The landowner has to consent and, you know, be on board with this sort of application. So to the extent that the landowner is part of this application and this project is on this particular legal parcel of land, the Planning DirectorÓs opinion is that you can attach conditions that affect the parcel with respect to access. YUEN:Let me give you another example that actually does relate directly to this application. There were representations in the application, this has to do with the visual impact and the effect of vegetation. There were representations in the application that the visual, part of the thing that softens the visual impact is that thereÓs existing vegetation on the site; and this is true. I went and looked at the site, and it is true that the existing trees and vegetation will reduce the effect on this visually. We put in a condition, though, that some of the existing vegetation has to be retained. Because if weÓre relying on it being there, we need to make sure that it is there. I know that at least one of the trees referred to in that condition is outside of their property. I think that some of the other trees are -. ThereÓs 100 feet of trees? 6