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to be one that controls at least for 10 years under the timeframe. And, so, any kind of interim
<br />amendment process shouldnt be made easier to me. It should be one that, you know, I dont see
<br />any real problems with the timeframe, this 240 days and all of that, because I think any proposed
<br />change to the General Plan, which is always in this forum, argued tobe,you know, it complies to
<br />the General Plan, so it has to be good. We should protect the integrity of the General Plan and
<br />maintain a process so that it can. If the General Plan can be changed as easily as doing a zoning,
<br />zoning change, then its not, you know, the perception is going to be its not thislong-term
<br />planning document. If we think something else needs to be done with this particular part of our
<br />island that, no problem, we go for the zoning change, you can go for the GP amendment, same
<br />process, and well get it done, thats not how its supposed to be. The case law makes it real
<br />clear, cause the General Plan is supposed to be a long-range planning document. Ten years is
<br />sort of a minimal timeframe to me as far as long-range planning, but thats the timeframe that
<br />were working with. So that the amendment process, again, to me, should not be minimized or
<br />made easier. If anything, we should be looking at it, any amendment process as one which
<br />protectstheintegrityoftheGeneralPlanasalong-rangeplanningdocument.
<br />ALAMEDA:Anycomments?CommissionerSiracusa?
<br />SIRACUSA:OnPage4,2D,Exhibit3.WerestillonExhibit3.Iknowtheyrenot
<br />numbered, I just counted back. It says, The Planning Director shall notify a property owner of a
<br />proposed amendment that would redesignate its property to Open or Conservation, unless the
<br />property is already designated Conservation, da, da, da. Well, why isnt it also unless the
<br />property is already designated Open. I dont understand why you left Open out there. Could
<br />you please explain that to me?
<br />YUEN:Yes, this has to deal with one set of designations as the General Plan Land
<br />Use Pattern Allocation Guide Map designation; and then we refer to the State Land Use
<br />Commission designation, thats the State Land Use designation, is Conservation. So thats, and
<br />it does get a little confusing cause the same terms are used; but there are areas that are in
<br />Conservation under State Land Use Commission that are not Conservation under the County
<br />General Plan. So, actually, this is, this section although is what we would, this is one of the, this
<br />is actually a section that already is a requirement when the Planning Director initiates such a
<br />change. That is part of what we put in. Theres another requirement before it. Some people felt
<br />that its such a significant effect potentially on the landowner that the landowner should be
<br />notified. Other than this, there are no landowner notification requirements for General Plan
<br />amendments at all. All right? So because the General Plan does not in itself change the zoning
<br />with the use of the property, so, but, you know, certainly, that change to Open or Conservation
<br />could affect the landowners range of options.
<br />So when the Planning Director, under the current law, when the Planning Director initiates a
<br />change to Open or Conservation, you have to notify the landowner. But it doesnt say that for
<br />when the Council initiates a change. So we really should be consistent and, you know, the effect
<br />is the same. So this just puts it in for the Council-initiated amendments that the landowner has to
<br />be notified. And the provision of, unless its already designated Conservation by the State Land
<br />Use Commission, thats just because, all right, theyre already in the Conservation District, all
<br />right, so youre just making the County, you change the County General Plan to be Conservation
<br />as well. Maybe that is not such a drastic change for that landowner and that, again, thats
<br />consistent with whats already in for the Planning Director-initiated amendments.
<br />9EXHIBIT B
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