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2006-10-27 tcouncil
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2006-10-27 tcouncil
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E. You see, if the Director takes action in 120 days and rejects the application, all right, then E <br />kicks in; and then the private person can go to the Council and try to get a resolution. Right? <br />And I would say, you know, without changing the language that if the Planning Director doesnt <br />do anything in 120 days, then the person can go to the Council. If thats necessary to add as a <br />clarification to E, thats fine as well. You can simply say that if the Planning Director rejects an <br />application or if the Planning Director does not act within the 120 days, then the applicant takes <br />it to the Council. Cause the Planning Directors inaction cannot override the Charter <br />requirement, that either the Council or the Director are the only ones that can initiate a General <br />Plan amendment. Plus the ordinance does give a recourse to the member of the public who has <br />their application rejected by the Planning Director, they can go to Council. This is, again, the <br />basic framework of this is the same as the current law; and its meant to have an orderly process. <br />The public should first go to the Planning Director to initiate the amendment if they want to <br />initiate it and then they can go to the Council. <br />ALAMEDA:CommissionerIwashita? <br />IWASHITA:Thankyou,Mr.Chair.TheotherpointInoticedisthatintheproposed <br />amendment, the limitation of initiating an amendment to exclude the comprehensive review <br />period is deleted from the Council- and Planning Director-initiated amendments but retained in <br />the general public-initiated amendment. Why is that? <br />YUEN:The ordinance, Exhibit 3 says that the Council can initiate an amendment <br />at any time except during, they still cannot do it during the comprehensive review after this <br />deadline that I talked about. So at the very beginning in a comprehensive review, the Planning <br />Director sends notice to the Council that, Hey, the comprehensive review is starting -. <br />IWASHITA:Sorry, I would think the wrong one -. <br />ALAMEDA:Commissioner Iwashita, would you like the Director to consider the <br />language change on the inaction of the Planning Director? <br />IWASHITA:I guess, well, Im bringing these things up, these are my present concerns. <br />My main concern really is that we follow the proper process. I dont think, and I guess Id just <br />like to make, get a clarification that we will get our Counsel to research and make a report to us <br />on whether or not, you know, my technical kind of legal concerns are appropriate. <br />ALAMEDA:Mr. Torigoe, are you comfortable looking into Commissioner Iwashitas <br />concerns about protocol? <br />TORIGOE:Yeah, sure. Just to clarify, youre mostly concerned about the second or <br />third, the third BE IT FURTHER RESOLVED, and the fourth, and the possible conflicts with <br />the current General Plan procedure? <br />IWASHITA:Yeah, the language Im concerned is BE IT FURTHER RESOLVED that <br />the Council directs the completion of the feasibility study and Planning Commission public <br />hearing within 60 days from the transmittal of this resolution to the Planning Director, which is <br />contrary to 16.2, and then the following paragraph which directs the presentation of an <br />ordinance, proposed ordinance within the same time period. <br />12EXHIBIT B <br /> <br />
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