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the one hand which, you know, as much as possible I think we need to do, we’re legally required
<br />to do; and, two, you know, realizing that one of the historical effects of doing that is that the
<br />shoreline that had been accessed by the public gets trashed. And you’ve, in your testimony, you
<br />know, given some anecdotal examples of that. And so in my mind, you know, ideally there
<br />needs something between, you know, well, those concerns need to be addressed; and, you know,
<br />I think that, you know, something needs to be worked out to me; and it’s not something I think
<br />we can really decide today. My inclination is to, you know, ask that something be worked out,
<br />that we not be asked to move on this today. This is a significant issue. There are substantial
<br />legal questions involved. And, you know, for, I’m not inclined to go forward with this today
<br />because of that.
<br />WOODWARD: If I might ask a question and maybe get Director Yuen’s opinion also.
<br />With regard to Condition No. 12, which is the public access question, would it be conceivable
<br />from the standpoint of the Planning Department to word it in such a way that the applicants shall
<br />submit a shoreline public access plan if public access is granted through the surrounding
<br />subdivision, and then go on with the rest of the language?
<br />YUEN: Yes. In concept that’s something that we’ve talked about with the
<br />applicant; and we are willing to accept that idea. As to what granted means or obtained or, but
<br />clearly we think it would be fine to have a condition that said that any public access through this
<br />property would depend upon establishing public access to the property, because otherwise it’s
<br />just hanging there without any way to get there. We would be concerned about not having any
<br />public access condition at all because if this road is a public road it looks like it goes directly to
<br />the property and crosses their property at the northern end, very close to where the end of the
<br />fishpond wall is. Whether it’s at the inlet that’s just on the right of that fishpond wall or the inlet
<br />to the left of the fishpond wall it’s really hard to tell because of the way the, because of the scale
<br />of the map. But that would be it. So we don’t have a problem if the Commission wants to defer
<br />this and we could continue this discussion. We would also finish up our work on this question of
<br />the road itself. And, you know, our initial inquiry, we would try to initiate discussions with the
<br />Community Association We understand that in a situation like this there are a lot of
<br />management issues that come up. If, and the County, I mean, we do feel that we, we’re
<br />advocates for public access. Certainly where there’s a legal basis for public access we’re going
<br />to advocate for it. We want to make it work for the property owners as well as for the public;
<br />and there are problems and issues that come up, but I wouldn’t expect the initial contact being
<br />something like remove your gate, for example. We’d write a letter that says we have indication
<br />that this should be public, we would like to do some, we’d like to work on this. So that’s where
<br />we’re at with where this goes, in terms of this application and the bigger questions of access to
<br />the area itself.
<br />WOODWARD: I might just follow-up and ask Mr. Yeh what your thoughts are if we were
<br />to add such wordings as “a public access plan meeting with the approval of the Planning Director
<br />if and when access is granted through the surrounding subdivision?”
<br />YEH: We have had discussions with Chris about that. I think the devil is in
<br />some of the details, you know, that we have not yet been able to work out. So, cause what we
<br />were talking about was putting a possible access along the southern end of the property because,
<br />as you know, the existing residents and the proposed residents are on the northern end. So that
<br />would be one component. There are some subsidiary issues as to how the public would get there
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