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FUKE:Correct.
<br />WATANABE:Is that all the questions? If that is all, you may be seated. And we
<br />will move into testimony on this so that it will allow you further information on how you
<br />can prepare the next go-around. All right, I had a request from Curtis Tyler if he could
<br />testify first ‘cause apparently he has an appointment at 2:30, I believe it is. So now that
<br />we’re accepting testimony, Mr. Tyler, you want to provide yours?
<br />TYLER:Thank you, Mr. Chairman, and Members of the Commission. I
<br />appreciate the courtesy; and I thank those who might have signed up before I did. I’m
<br />going to my favorite place at 2:30, a dentist appointment and thank you for the
<br />opportunity to keep that appointment.
<br />Mr. Chairman, Members of the Commission, I received the Background Report and
<br />Recommendations which I requested some weeks ago, and I think they arrived yesterday,
<br />and I received them this morning. I was out of town so I wasn’t able to pick them up
<br />yesterday.
<br />I have reviewed them and I have some concerns I want to share with you. But let me say
<br />that from listening to at least some of the comments from some of the Commissioners
<br />regarding a possible continuation of this, I would certainly highly suggest that you do
<br />that. While my reasons may be different than yours, I hope that this happens.
<br />I have about three major concerns regarding the process here. And that is, the first one
<br />relates to Condition M of the Zoning Code Amendment, Ordinance 94-124, which
<br />Commissioner Graham referred to and which you have in your Background Report. And
<br />if you’ll look at Condition M, you will note that it’s on Page 9 of the, I’m sorry, sorry,
<br />it’s on Page 10 of the ordinance, and it says, “An intensive archaeological” inventory
<br />“survey and report, including,” and I’m emphasizing this now, “including a cultural
<br />resource management plan, shall be submitted in conjunction with a SMA permit
<br />application for the development of the subject property.” I submit to you, gentlemen, that
<br />there is no Cultural Resource Management Plan. It is a requirement of the ordinance and
<br />it is not anywheres to be found in the Background Report that I have. It has been
<br />represented, however, by the Applicant’s representative that the survey has been
<br />completed when, if you look in your Background Report, indeed, the survey has been
<br />completed. However, the Cultural Resource Management Plan was not included and,
<br />indeed, never is included with an archaeological inventory survey. So I think you’re not
<br />in compliance, this application is currently not in compliance with the County Code.
<br />Second of all, I have reviewed the documentation relating to, excuse me, just a second,
<br />let me get this up, so many different papers here. I have reviewed the documentation in
<br />the Background Report which they believe is a complete application, contains a complete
<br />application, to find “A written description of the anticipated impacts of the proposed
<br />development on valued cultural, historical or natural resources on or in the vicinity of the
<br />property to include:” in accordance with Rule 9, and this is just for your reference cause
<br />I’m not going to read it, Section 9-10 Assessment. And this 9-10 B.6 that I’m referring
<br />EXHIBIT C
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