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<br />KALILI: Thanks. <br /> <br />MIYASATO: Okay, thank you—is there anyone else wishing to testify on this application? If <br />not, can I have a motion to close public testimony? <br /> <br />MOSES: I make a motion to close public testimony. <br /> <br />DELA CRUZ: Second. <br /> <br />MIYASATO: All in favor? <br /> <br />COMMISSIONERS: Aye. <br /> <br />MIYASATO: Any opposed? I call a close to public testimony on this application. Can we take <br />a quick recess? <br /> <br />Chairman Miyasato called a recess at 10:32 a.m., and the meeting was reconvened at 10:36 a.m. <br /> <br />MIYASATO: I’d like to call the meeting back to order. <br /> <br />ARAI: Thank you for giving us the opportunity to go into recess and to address some of the <br />comments that were raised by Mr. McGuire as was by the, the applicants. <br /> <br />First of all, I wanted to reassure the Commission that as part of the proceedings leading up to <br />today’s hearing, we did verify service and notice of this upcoming hearing, and it was provided <br />thth <br />by the applicant. I believe the date was the 16, November 16, notice was served. And, we do <br />have a postmark from the US Postal Service, so why Mr. McGuire didn’t receive timely <br />notification, I don’t know, but the applicant did provide good faith effort to provide notice of <br />today’s hearing. <br /> <br />Addressing some of the concerns regarding drainage, flooding, there are processes in place <br />administratively where those items will be looked at by the reviewing agencies. The one area <br />that Mr. McGuire highlighted was potential impact to endangered species. That, there is a <br />condition that we normally include in all conditions of approval, and it’s in this particular <br />recommendation as well, and that’s Condition No. 6. It is a catch-all type of condition, but does <br />speak to compliance with all applicable rules, regulations, and requirements of the affected <br />agencies for the proposed development including the Federal Aviation Administration and <br />Federal Communications Commission—all exterior lighting shall be shielded. <br /> <br />That condition would capture and provide assurance to the department that as the applicant goes <br />through its other obligations, regulatory obligations, not only with the FCC, but other agencies as <br />well, that compliance would be expected, and they are obligated and held to it by this particular <br />performance condition, so I wanted to provide that level of assurance that during plan review for <br /> <br />9 <br />EXHIBIT C <br /> <br /> <br />