2024-07-22 Email Daryn Arai Black Sand Beach Response Letter

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Honorable Dennis Lin July 22, 2024 Page 3 either passed or failed. Since the requisite number of votes for standing were not present, the motion legally failed. What further supports finality of the motion being defeated is the WPC Chair's announcement that the motion failed, and the Commission's decision could be appealed pursuant to state law. Thus, Colony I was not without a remedy, and as I understand it, they have not filed any agency appeal within the required 30-day time period. Planning Commission Rule 4-6 Rule 4-6(b) of the PC Rules provides in pertinent part as follows (emphasis supplied): Prehearing Procedure (b) Upon receipt of a written request to intervene, the Commission, at the first meeting on the matter, shall hold a hearing on the written request. The commission will grant or deny such written request prior to any further action on the matter. Two matters are clear via a plain reading of the PC Rules. The WPC is required to act at the first meeting when petitions to intervene are heard. This makes sense, since resolution of standing issues should be determined promptly so as not to unduly delay proceedings. Second, the WPC must"grant or deny"the petition for standing. This disjunctive language (use of the word"or") makes clear that at least one of the statements must be true for the disjunction to be true.' Hence, since the vote to grant standing failed, that is all that is necessary for compliance with the PC Rules. If the purpose of agendizing this matter for the meeting on August 1 is for some administrative reason that will not involve the rehearing of Colony I's petition, that is fine. However, as the WPC's cover letter to the agenda reads, it suggests the Commission is free to"consider and take action" on Colony I's petition. Such action would violate Black Sand Beach's due process, violate Robert's Rules of Order, be contrary to PC Rule 4-6, and is inconsistent with the action already taken by the Commission on May 6, as announced by the Commission Chair. Black Sand Beach will be prejudiced and harmed if this matter is allowed to move forward(and the Commission does grant standing) since a mediation with two other intervenors has already taken place, and permitting another party into this case at this juncture (given what has already transpired and is well documented on the record)will lead to additional ' Compare this to phrases in the conjunctive which use the word"and." Such conjunctive phrases require both statements to be true for the conjunction to be true. 3335914v1