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was it. And this isn’t it; it isn’t just ice cream processing, it’s far more. And I also might add
<br />although the gym might have been in existence for nine years, they kept it a secret and it hasn’t
<br />been really well known. And since my clients have known about it, they have been trying to deal
<br />with it in their own way, and finally, they dealt with the County, which resulted in this Special
<br />Permit being filed.
<br />
<br />KANUHA: Thank you.
<br />
<br />SONG: Oh, one more thing I’d like to add, I just want to comment on the background report
<br />because the background report on Page 2 said that the applicant had the, there were certain
<br />conditions in the deed that were lifted, it says that on Page 2 of your background report, which
<br />allows non-agriculture uses on the property. That is not correct. And I wrote an email to the
<br />Planning Department. I think you got a copy of it yesterday. What in fact happened is these ag lots
<br />were first established in the early 60’s when before there was a State land use law, before there was
<br />the County zoning for Ag, and so they limited the ag uses to orchards and, I want to say crop
<br />production, it’s not, it’s grow crops or something like that, but they limited the ag use, very, very
<br />limited. And over the years people, for example, you can’t have, raise livestock, and that’s a
<br />permitted ag use, so over the years the State land use law was adopted and they --.
<br />
<br />PATEL: -- Excuse me, Ms. Song?
<br />
<br />SONG: Uh huh.
<br />
<br />PATEL: Just for clarity, is, I’m not sure where you are going, but is this pertaining specifically to
<br />standing or, because it sounds like you might be --.
<br />
<br />SONG: -- Well, I just want to correct the background report, and I was told I could --.
<br />
<br />PATEL: Okay, but for this portion we are specifically determining whether or not standing is going
<br />to be granted.
<br />
<br />SONG: If you don’t want to hear it, that’s fine. We’ll raise it later.
<br />
<br />PATEL: Well, so if it’s tied to standing, but, you know, I’ll defer to Chair, but I just wanted to, you
<br />know, make that clear, if we can just get standing out of the way first.
<br />
<br />SONG: Well, part of the reason is Mr. Fuke raised certain things in the beginning and I just wanted
<br />to clarify those things as well.
<br />
<br />BEAUDET: I’m going to support Counsel because if standing is granted, then I think the next level
<br />of this process will have more than enough time to make argument or to speak on behalf of your
<br />position.
<br />
<br />SONG: That’s fair.
<br />
<br />BEAUDET: So, Commissioners, do we have comments that are relative to standing that we would
<br />like to discuss with the intervenor? I think, for the record, I think it would be helpful for the public
<br />to know – one second, after this – if staff could explain the categories that provide for standing just
<br />so the public understands what our focus is in this specific part of the process.
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<br />EXHIBIT B
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