2008-11-24 TECOMMERCE - Laserfiche WebLink

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the settlement such as they agreed upon $100,000 fine, etc. and maybe some of the plantings that you are requiring the applicant to provide? YUEN: The $100,000 fine is a separate agreement to settle the violation. The fines themselves don’t come to the Planning Commission; the Planning Commission doesn’t deal with violations. But the agreement between the applicant and the Planning Department is that if the Planning Commission passes the SMA Permit as stated in on these conditions, then the fine would be $100,000, all the pending actions of the Board of Appeals would be ended. Now, the applicant can also submit a landscaping and erosion control plan and offset work that’s, the cost of work done on that plan as approved by the Planning Director against the $100,000 fine. So they would, the Planning Director would both have to approve the work and, second, have to approve the documentation of the expenses. WATANABE: Thank you. It doesn’t seem like we have any questions. So for the record, there is no one from the public signed up to testify on this. So Mr. Lim, you are already sworn in and we already have your address and all of that. So are you in agreement with what has been summarized by the Director and what’s documented in this amended recommendation? LIM: That’s correct. E. Commerce Enterprises is in agreement with the proposed conditions by the Director in his amended recommendation dated November 23, 2008. We appreciate the Director’s willingness to work with us on this. As we got more into the specifics on how we would mitigate the larger cut and then keep it safe for public access, it became clear to us that it was a difficult enterprise. And so that’s why we proposed to the Director that we instead just shut it off. I think that will be working better for everybody. So we’d ask for the Planning Commission’s support for the amended recommendation and conditions. And if there’re any questions, I’ll stand ready to answer. WATANABE: Okay. Fellow Commissioners, any -? It doesn’t look like it. Mr. Housel? HOUSEL: Well, I have one question to Mr. Lim. During the previous Commission meeting where a party, an adjacent neighbor, spoke about his view and the possibility of erosion onto his property. Has that been resolved? Is the adjacent neighbor in agreement with this plan? LIM: Yes, we talked to, his name is Hermann Fernandez, and he is the one that raised the issues about primarily what they call the first cut because that’s right where his house site was and right in his view.So what we anticipate is going to happen is as far as the second cut, which is a longer one that we are closing off at some point in time I think what is going to happen is the ironwoods that are starting to already take over that area is going to cover that up. And we have, for the first cut, which is the access way that we are talking about now, that’s what the landscaping and the erosion control plan is going to be that the Planning Director will approve. So that’s design in part to grow some trees probably within the cut, so it doesn’t look like a graded roadway. And that would, I think, satisfy Mr. Fernandez’s concerns. HOUSEL: Okay, so he is consented to this plan? Is that correct? EXHIBIT B 3