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2007-09-07 TSHEPARD
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2007-09-07 TSHEPARD
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application with the idea that they’re going to move to another site when it becomes <br />available; and it’s limited to a very small area. <br />I just want to caution the Commission that as a matter of overall policy we are going to <br />see these applications come in generally with a very nice person, who’s the applicant. <br />Generally there’s going to be some degree of hardship or a business desirability to locate <br />in a Ag area rather than an Industrial area; and they have to be very careful about <br />approving these kinds of things, or this is what you’re going to get in the Ag area. <br />GRAHAM: Thank you, Mr. Yuen. <br />YUEN: I also wanted to say if the Commission does, very often, you <br />know -. Because we do have a set of conditions that we would recommend if the <br />Commission is inclined to grant the permit. We sometimes do this when, because we’ve <br />had situations like this before where the Commission, the Department has been negative <br />and the Commission has been favorable. So we do have a set of conditions that we <br />would be prepared to suggest to the Commission if the Commission wants to grant a <br />permit for some set timeframe. <br />GRAHAM: I’d like to, just as far as our protocol here, rather than discussing <br />how we might take action, we bring the applicant back at this time; and then we can go <br />into our discussion mode. So Ms. Sheppard and Mr. Yeh, if you’d like to come back. <br />And generally this opportunity is for you to respond to anything you’ve heard in the <br />public testimony. In this case the public testimony was all supportive, so really it’s just <br />the opportunity for you to make any further comments before the Commission, I think. <br />YEH: Thank you, Mr. Graham. I understand where Chris is coming from <br />and from a, I guess, overall policy standpoint also understand why that position would be. <br />I guess the only thing that I would say is that, you know, the special permit by its nature <br />is intended to be a vehicle by which whether it’s, you know, in the Ag land or under the <br />General Plan or the Land Use Commission, under those special kinds of circumstances <br />where it is unusual and reasonable as we find in this case and the circumstances warrant, <br />you make exceptions. And that’s by definition, to me, a special permit allows a use other <br />than agriculture in that zone. I don’t think probably in your history sitting here as a <br />Planning Commissioner or in any of the Commissions that I’ve seen have we really ever <br />seen an applicant who has been so far engaged in agriculture as Ms. Sheppard has and <br />who has supported as greatly as she has and who is going to continue to use the same <br />property as it has been and as she intends it to be. And, you know, I think her and <br />Mr. Zelko kind of pointed out to you the difficulties, I mean, we pay -. I shouldn’t it call <br />lip service, but we have these policies of trying to maintain this integrity of agricultural <br />lands. And to some extent it’s used as an open space concept to preserve it from <br />development. But the practical difficulty of engaging in agriculture, as you can see over <br />the last, just over the last five years, is we have these shifts between ginger, papaya virus, <br />sweet potato, taro. That is just a market force itself aside for the fact that we have <br />weather, and other kinds of forces that play. So we have here someone who’s genuinely <br />making a go of it, trying to make a go over it, has some extra space, on a temporary basis, <br /> EXHIBIT B <br />11 <br /> <br />
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