2003-12-04 TDOUTOR - Laserfiche WebLink

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appropriate at this time to go back and change conditions of the approval of the Special Use Permit that was granted at the time of the awarding of the Special Use Permit. So even if you wanted as an individual to rescind or to consider a motion to rescind, I donÓt think it would be appropriate to do it at this point in time as a result of that. So those are my comments. GALDONES:Mr. Yuen? (Momentarily, there was static in the recording.) YUEN:I donÓt mean to give you a lot of static. IÓm sitting down because this had been the subject of a Contested Case hearing. I wanted to speak for a minute in favor of what Corporation Counsel said. YouÓll note in your records that when this request came in, I sent a letter to the Applicant saying this was not in compliance with the rules, and theyÓre wasting the CommissionÓs time by bringing this before the Commission again. So IÓll try not to waste any more time and just say a couple of things. People will often, you have contested matters, people will disagree with the decision you make and wants you to reconsider it. If the Commission wants to reconsider, thereÓs a specific rule; and it says, ÐThe reconsideration should be made before the effective date of the permit,Ñ thatÓs when itÓs mailed out, effective date is when itÓs mailed out. It has been mailed out. The Commission cannot reconsider on its own an Applicant, as theyÓre doing here, wants a change to the conditions of the permit, there is a way for them to do it. ItÓs perfectly clear in the rules. It means itÓs under Rule 6-8; and they file with the filing fee, and they give notice to people who may be affected. ItÓs perfectly clear; and they should follow the rules. GALDONES:Mr. Tsukazaki? TSUKAZAKI:Yes. That, I disagree with the Planning Director. If you read Roberts Rules, and I think even Mr. Krueger would agree with this, the motion to amend something previously adopted, that can be made at any time. The issue is, as Mr. Krueger says, one of the things that prevents the motion is if itÓs too late to undo something. And Mr. Krueger argues that thereÓs a pending appeal, so therefore you canÓt change the decision. I donÓt really think that holds water. If Mr. Krueger would like to, if this Commission grants the amendment that weÓre talking about, Mr. Krueger can also amend the appeal, if he feels that itÓs an appealable issue, and we can go on with that appeal. So itÓs not something that, at this point, cannot be amended by you, if you so wish. GALDONES:Commissioners, you have heard different opinions on this subject matter. I, for one, would like to get more dialogue with our counsel as to how we proceed on this matter. I do not know the wishes of the Commissioners, however, at this time, how you guys want to proceed. ÒCause I donÓt feel that, given the information that 7