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that you can restrict access to a pedestrian access and possibly re-vegetate the area. Is there a <br />way to work this out within this SMA, although certainly this SMA does not address that access <br />point? <br />YUEN: I really, you know, I’d have to go look at the record on how we ended up <br />with the first violation, whether we closed that as a violation or not. That’s, I’m sorry, I cannot <br />answer that right now whether we would be acting properly to impose further conditions on the <br />first violation. <br />WATANABE: Thank you. <br />DOMINGO: Mr. Chairman. <br />WATANABE: Yes, Mr. Domingo. <br />DOMINGO: Mr. Yuen, doesn’t this application address all the so-called cuts that have <br />been made by that gulch – one that comes from the house and the one that meets that cut from <br />the house down to the beach up to the cul-de-sac? Aren’t we addressing all of that, because they <br />are all violations? I mean -. <br />YUEN: Well -. <br />DOMINGO: Wait, wait, wait. You know, as designated by the Planning Department <br />through plan approval or anything, the original designated access is within the property far from <br />where the residence is. But they opted on their own to make those cuts along the gulch going <br />down to the beach and then going up to the cul-de-sac. So you know, those are all violations. <br />Are we not going to address that? <br />YUEN: Again, I’d have to look, they are all violations. We dealt with the first <br />violation, and I’d have to look at how that violation was closed. All right? Then we had the <br />second violation, and in order to essentially not, it was clear that we -, you couldn’t correct the <br />violation by restoring the land to its original condition. And rather than simply deal with that as <br />a violation where you pay a fine, you do some remediation, but then you have a road that you <br />can use, we required this proceeding for the second violation to get an after-the-fact permit to <br />allow the road to be used there. So at least as of what you have in front of you now, you have an <br />application for pedestrian use of the road that was cut from the end of the cul-de-sac down to the <br />beach, not for the one that was cut from the house going into the gulch. <br />DOMINGO: Mr. Chairman. <br />WATANABE: Yes, Mr. Domingo. <br />DOMINGO: I am somewhat perplexed because if there has been any violation with the <br />grubbing or landscaping ordinance, the first indication of any remedial action would have been <br />that the property be restored to its original condition, and this has been enforced originally in the <br />past as far as I know. Now, I remember, and this is not a grubbing issue, but I remember some <br />EXHIBIT B <br />16 <br /> <br />