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Director-initiated interim amendment, which means that the Planning Director holds a workshop,
<br />and then the Planning Director submits it to the Planning Commission. So, the Planning
<br />Director, its giving the Planning Director 100 Well, let me back up. If the Council initiates
<br />the General Plan amendment by resolution, the Council has already formulated the amendment.
<br />Now, if it comes from the public, first of all, you dont have the advance notice, it just arrives on
<br />your desk; and, second, you have to decide whether to formulate that. You may want to re-
<br />formulate that, from what the public has, and then the Planning Director is initiating actually a
<br />Planning Director amendment that has, probably has the substance of what the public had but
<br />may have some changes; and then you go through this process. Now, if the Planning Director
<br />wants to initiate an amendment on his or her own, the Planning Director may take a year, you
<br />know, trying to figure it out. Theres no timeframe for the Planning Director to be formulating
<br />the amendment. Then the first stage is that it gets announced and theres a workshop on it. So
<br />this is just giving the Director 120 days to work on this amendment that comes from the public.
<br />IWASHITA:IguesstheotherquestionIhaveistheredoesntseemtobewhatsthe
<br />consequence if the Director doesnt meet the time deadline? Its not stated.
<br />WATANABE:Well, I dont think the Director has to, I dont think, I think from earlier
<br />theres -. We were talking about a public-initiated, right?
<br />IWASHITA:No. Under any of these provisions, it doesnt, theres no statement of
<br />consequence. What happens if the Director doesnt fulfill the requirement? In other words, if
<br />the Director doesnt, in the Council-initiated within 90 days forward recommendations or if the
<br />public, you know, if the Director doesnt take action within the 120 days, theres no statement in
<br />any of this about what, you know, whats the effect on the proposed amendment?
<br />YUEN:Well, clearly, it doesnt go forward. If its not initiated by the Director, by
<br />Charter it cannot go forward, if it is not initiated by either the Director or by the Council, you
<br />see.
<br />IWASHITA:So youre saying like in the public part of it in 3, if theres no expressed
<br />rejection, and obviously no initiation, then it just dies by default?
<br />YUEN:Well, then, actually, under E, at that point, the Council -. You see, if the
<br />Planning Director rejects the amendment, all right, well, the individual, if the Planning Director
<br />actually rejects the amendment, then the public member can go to the Council and ask for a
<br />resolution under E.
<br />IWASHITA:No, Im saying that, yeah, I understand that. Thats what it says here.
<br />Theres no statement here if the Director does not take action, does not reject, does not initiate,
<br />theres no statement here about what the effect of that is. And one of the things that is possible is
<br />the public, the member of the public can say, Look, I submitted it, the Director didnt meet the
<br />requirement, Im going to court, have the court order that the amendment process be, go forward
<br />cause the Director is not doing what the Director is supposed to do.
<br />YUEN:No, I dont think that thats a possible outcome. The most that could
<br />happen, the most that could happen, and then it could be a clarifying point added to E, is that the
<br />applicant can then consider the application to have been rejected and take it to the Council, under
<br />11EXHIBIT B
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