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2003-12-04 TDOUTOR
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2003-12-04 TDOUTOR
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YUEN:You have your rules, theyÓre perfectly clear. Your counsel has on <br />the record and in public said that what is being attempted here is against the rules. If you <br />allow this kind of procedure, youÓll simply invite anybody, anytime they donÓt like a <br />decision that youÓve made to come forward like this, despite the provisions and the rules, <br />and try to convince you, geeze, you made a mistake and spend hours and hours debating <br />whether you made a mistake or not, and then perhaps make a change that affects many <br />people, affects the permit, where the notice has not been given to people that this change <br />may be made accordingly. And this is a safeguard which the rules are put in there and is <br />uniformly, is uniformly applied. Someone could come in and requ <br />provision of any permit that they donÓt like without giving notice to the surrounding <br />property owners and without filing the application. You should reject this motion. <br />GALDONES:Mr. Tsukazaki? <br />TSUKAZAKI:Again, this is, that response is saying that you guys donÓt know <br />how to distinguish between a request that go to technical grounds, etc. I have much more <br />faith in this body than that. So, again, there are different ways to approach this issue. <br />But I believe that you have the ability under Roberts Rules to take another look and <br />change something if you feel that itÓs warranted because of some <br />from the time that you took the action. <br />GALDONES:Ms. OÓToole? <br />OÓTOOLE:Well, by then, by that do you mean that you will give no <br />or is it your position that we donÓt have to give notice under this procedure? <br />TSUKAZAKI:Are you talking about putting this on an agenda or are you talking <br />about serving everybody within 500 feet? <br />OÓTOOLE:Yeah, IÓm talking about that. <br />TSUKAZAKI:No. My view is that the public notice is served, this is an <br />amendment of something of a decision that the Planning Commission made in August. <br />ItÓs, the only way we move on here is if this body votes to go back and look at amending <br />something. ItÓs not an applicant-initiated matter, so there is no rule that requires us to go <br />back to the beginning and serve everybody again. ThatÓs a different procedure. <br />OÓTOOLE:Thank you. Because that brings me back to the idea that you have <br />a specific rule which protects the public and adjoining property owners and that this is an <br />attempt or will have the result of circumventing those protections. <br />GALDONES:Any further discussion? Hearing none -. <br />KUBOTA:Wait, wait, Mr. Chairman. <br />GALDONES:Commissioner Kubota? <br />11 <br /> <br />
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