Laserfiche WebLink
TORIGOE: I’ve looked at it somewhat. <br />GRAHAM: I don’t want to -, wait, maybe we should go into an executive <br />session shortly, but -. Is the reason that we are asked not to support the time extension primarily <br />based on the fact that it was an illegal permit in the past, or is it primarily based on the fact that it <br />is an illegal permit now, or both of those kind of consequential? <br />TORIGOE: I think it’s both of those in some sense. It gets a little bit abstract <br />and complicated when you start really talking about these doctrines that of estoppel and invested <br />rights. And if you like, we can discuss that in an executive session probably. I see Mr. Lim has <br />come to the table. <br />WATANABE: Chair? <br />GRAHAM: Okay. Commissioner Watanabe? <br />WATANABE: Yeah, I have a question. Currently, the County zoning for this is <br />Agriculture, yeah? Am I right? <br />YUEN: Right. <br />WATANABE: So typically in Agriculture that’s the only place where we can use <br />a Special Use Permit. And that was the assumption, but now technically we are saying that it’s <br />not a legal use because the permitted use is not specifically stated within the statute as one that <br />you could allow with a Special Use Permit. <br />YUEN: Right. You couldn’t use a Special Permit for the property because <br />although it’s a County Agricultural zone, it’s a State Land Use Urban district. And actually <br />when the Permit was originally done, it was what was called Unplanned zone or a U, or <br />. <br />Unplanned zone In December 1996 the Zoning Code was amended, and all the Unplanned areas <br />were sort of fiat-rezoned to A-5a. So that’s why that’s an Ag zone. But the Special Permit – of <br />course the Commission has seen dozens of Special Permits, which can be virtually for any kind <br />of use – are only available in the Agricultural District. In the Urban District there is a similar <br />mechanism called a Use Permit; it is limited to certain types of things. <br />WATANABE: And an open-air market is not included in that, yeah? <br />YUEN: That’s the gist of our reasons for it. <br />WATANABE: Okay. On the other hand, I think we are in agreement that the <br />current County zoning is kind of a default zoning, and so maybe we should look towards the <br />County’s revised General Plan, and I believe that’s probably Urban in the revised General Plan <br />for that area. I don’t think it’s even Rural. Isn’t that Urban there? Or Residential or something? <br />ALAMEDA: The applicant might know. <br />YUEN: It’s either Low-Density Urban or Medium-Density Urban. <br />EXHIBIT I <br />4 <br /> <br />