2003-11-07 TKOBAYASHI - Laserfiche WebLink

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you the request to intervene, then the Commission will have a discussion about whether -. By past practice, the Commission will not make a decision today. have a discussion about whether they want to have a hearing officer hear the contested case; and thatÓs what we would do. So you have a, if you, you cannot have the Commission vote on whether theyÓre going to grant the extension or not before having your request for intervention decided upon. SEITER:ItÓs the ApplicantÓs position then that if you donÓt act affirmatively on this today that their extension is automatically granted. So if you donÓt take some affirmative action, then thatÓs their position, and theyÓre going to start building their storage facility. M. ALLEN:On Ag land, special permit. SEITER:So letÓs flush this out, as they say. FUKE:I didnÓt say that. SEITER:No. Mr. Fuke didnÓt, Mr. Matsukawa did. YUEN:Is that your position? I donÓt think thatÓs correct. MATSUKAWA:No. The rule just says if the Planning Commission does not act on st the request and December 1 comes, the use can still continue. All right, thatÓs what the st rule says. So, in other words, come December 1, if the Commission hasnÓt yet voted, it doesnÓt mean we stop doing anything, I mean, Rule 6-8. Because, through a contested case, letÓs say it takes till January before we even come up with a st final decision, you know, December 1 comes and goes -. st YUEN:I think anything you do after December 1 is at your own risk. MATSUKAWA:Right. SEITER:Sounds like Hokulia. st YUEN:You have until, as the permit stands, you have until Decemb. Even if the Commission voted today to deny your time extension, you have until st December 1. MATSUKAWA:ThatÓs correct. ThatÓs correct. YUEN:If the hearing is continued today, any actions that you take would not bring you into compliance with the condition. 9