2003-11-07 TKOBAYASHI - Laserfiche WebLink

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If you deny the request for an extension and the Director sets this for a revocation hearing, which weÓre requesting you do, the Contested Case request is moot because the merits of the matter can be addressed at the revocation hearing. The reason I bring that up is, as Ms. Allen was going to point out, the Applicant has failed to satisfy a number of conditions under the request. And one thing that concerns me is the record in this case. I looked at the file. And the file contains some correspondence from the ApplicantÓs representative which indicates that the Applicant, Mr. Fuke and Mr. Hayashi had a conversation in which Mr. Haya-, the record will either support me or not, in which Mr. Hayashi indicated that the 7-acre storage facility could be built anywhere on the 12 acres; and that is not what the history of the matter before you shows. You placed, or I should say the Commission placed a 7-acre cap on the storage facility based on the maps which were submitted to the C was first requested. And I note that those show by metes and bounds where the storage facility will be; and it was clearly in conjunction with the development of, or I should say, the redevelopment of the bonsai center and the coffee processing facility. But when you look at the documents in the record, the indication is that they can go ahead and build the storage facility anywhere they want irrespective of the development of the coffee facility and the bonsai center, which flies in the face of the conditions upon which this permit was granted. So this really kind of goes to the reasons for the request. I think that itÓs important, first, to determine whether or not the permit should be revoked. And if youÓre going to do that then what you need, what we ask you do is, to do is deny the request for an extension because the Applicant has failed to comply with conditions in the permit. Now Condition No. 11 says that if they failed to comply with those conditions that the permit ÐshallÑ be revoked. It doesnÓt say ÐmayÑ in the discretion of anybody. It says Ðshall.Ñ Now this may be an oversight in terms of the language, but the public has relied on that; and thatÓs what the record shows. And the record shows that the storage facility would be built in a specific area. So these are points that go to the reasons for the request. And I want to bring them to your attention because itÓs not as straight-forward, I think, as the ApplicantÓs representative would have you believe. SPRINGER:Mr. Seiter, in light of your comments, are you still in pursuing the Petition for Standing in a Contested Case Hearing? SEITER:Well, like I say, itÓs really moot if you deny the request and the Director subsequently sets a revocation hearing. So itÓs kind of a Catch 22, as somebody said in another respect. SPRINGER:Mr. Director? YUEN:Sometimes people will say if you deny it then I donÓt need a contested case. That really is not an option. YouÓre requesting to intervene in a contested case. The rules say that the Commission must take that up first. If they grant 8