2008-01-03 tdoutoro - Laserfiche WebLink

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death and I want to remember him as a good attorney, a very straight-forward, a gentleman; and I know I will miss him. So, in his memory, IÓd just like to acknowledge that, Mr. Chairman. As the Planning Commission is aware, we have filed a number of e Hearing OfficerÓs report. We support that report to the extent that it finds that there is a strong legal basis for the grant of this permit; and we believe that her report contains all of the findings that support, or provide legal support to the granting of the permit. And so we would respectfully request that this body grant the Special Permit in this case. At the same time, we have filed exceptions because we believe that some of the restrictions that Ms. Broder has recommended to be imposed will cause hardship; and we also believe on some of them, theyÓre not properly based on the proper basis. So, if I may, IÓd like to go through that. And, along the way, I will just highlight the exceptions that we feel are most important to our client. Along the way, I will making some comments regarding some of the statements that Ms. Broder made h because I feel I must take exceptions to some of them as well. Let me start, and if the Commission is going to attempt to follo st exceptions were filed on July 1, and what IÓm referring to right now is page 7 of those exceptions. And at the top of page 7 of those exceptions, we state that we take exceptions to recommended Conditions 2 and 3. And I would add in this category No. 6 as well. What Ms. Broder has done is, in those conditions, she has required that certain things be done, certain improvements be made, certain approvals be obtained prior to the conduct of the tour activity and the sales activity that weÓve applied for. As the Commission may recall, we believe that certain of those activiti themselves in the agricultural district, so those activities have continued on site. So to the extent that Ms. BroderÓs conditions will require us to stop those operations, we would object to those. We believe that the things that sheÓs requiring can be satisfied by our client within a time certain after the, if this permit is granted within the time certain after that. We will comply with the requirements that Ms. Broder has record, IÓve mentioned Conditions 2, 3 and 6. And she went through this with you but IÓll just, for the record, indicate the subject matter. Condition 2 pertains to the improvement, water system improvements; and we heard her say that she felt those should be done as soon as possible. WeÓre willing to do that within six months after the permit is granted or Plan Approval is granted. I will also comment that Ms. Broder was talking about the taxing of the public water system because of the agricultural activity, and I think she made reference to the water feature, the fountain, the pool, involving a lot of water. I think Ms. Broder must have forgotten that during the hearing the evidence was that all of t fountain, the pond, all of that is from a private well on this site. In other words, in addition to the public system, our client is providing water for that fountain for irrigation purposes, etc. So while there is water being used from the County system for agriculture, itÓs supplemented by a private source. 12