2007-09-21 TIBBETSON - Laserfiche WebLink

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DOMINGO: So move that we go forward and take action on this issue. GRAHAM: Would you like to, I mean I’m looking for an action motion. Do you have a motion for approval or denial that you would like to make? DOMINGO: I move for the denial of the application. GRAHAM: You move that we deny this application for a Special Permit? DOMINGO: Yes. IWASHITA: Second. GRAHAM: Okay. And when you move for denial, since this is a contested case hearing, generally we have Findings of Fact, Conclusions of Law, like that. So we have three of them before us: the Planning Director’s and the intervenor’s and the applicant’s. So the one of the three, which is the intervenor’s one, is asking for denial. So would you, are you including in your motion that we follow the Findings of Fact, Conclusions of Law, Decision and Order proposed by the intervenor? DOMINGO: I would agree to that. GRAHAM: Does that sound correct to you, Commissioner Iwashita? IWASHITA: Yes. GRAHAM: All right, thank you. Mr. Torigoe, any comment? TORIGOE: No. GRAHAM: Thanks. Okay, so we do have a motion before us. And do the Commissioners like to speak on that motion? Commissioner Iwashita? IWASHITA: Just clarification on a procedural point. Because we all had gone through what Mr. Matsukawa submitted, I just want to make clear that one of the basis for denial is that there is a pending, on the record in this case, there is a pending Third Circuit Court case to determine whether or not the use asked for here is allowed under all of the deed restrictions that apply to this property, and so this matter essentially should be deferred; and that’s the basis of denial. GRAHAM: All right. Thank you, Commissioner Iwashita. Any other comments from Commissioners? ALAMEDA: Sure. GRAHAM: Commissioner Alameda? EXHIBIT A 16