2017-06-01 Hearing Transcript - Kau CDP

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expression of what they consider to be priorities of what the County should do. None of them are mandatory. They're simply saying, "Hey, these are the infrastructure priorities for our community. These are the problematic priorities for our community. Counsel and administration, we'd like you to take the appropriate next steps, whether that's appropriations or what have you to move on those fronts." And, then the other types of actions relate to non - County agencies, State and Federal, and then community-based actions, those that require leadership and initiative on the community front. Again, none of those are legally binding in any way. They're simply trying to be clear that to achieve the community's goals, all these actors really would need to do these things, right? So, separate from those actions then are policies, and there's even two types of policies in the CDP. One is called policy intent. `Cause what you'll see when looking at the General Plan in particular is lots of language that described kind of the preferred future. This is what we'd like to see. But, they're not specific enough or clear enough to provide any direct guidance on what should be done. So, it's things like protect the shoreline. It's really hard to make meaning of that when considering a specific, let's say, application before the Commission. In contrast, that's a policy intent. And then policy control, on the other hand, is really in the spirit of, of these sorts of, this authority that the General Plan gives to CDP. It's directing, designating, and guiding and, sometimes, in fairly specific ways about how to achieve community goals using land use tools. So, again, I just threw up a couple of examples so you're clear on how that's, how that displays in the language of the CDP, and what I'm showing you here is actually the Planning Director's recommended revisions because that's a lot of where the Director focused his recommendations. To really be very clear on these points about, what are the different types of strategies and specifically as it relates to land use policy, what authority does the CDP have vis-a-vis the General Plan. And, so you see, you know, corrections of language to make sure it's using language that mirrors what's in Chapter 15 of the General Plan and strong emphasis on the fact that the General Plan is controlling when there are direct conflicts between the CDP and the General Plan. And, also clarifying that any, in all those cases where there's conflict and/or amendments would be, need to be made to the General Plan to bring the two into alignment, the CDP specifically notes where that would be necessary and appropriate and includes a follow-up County action to do that, right? And, so a great example is Policy 7 and its corresponding Policy 15. So, you see in Section 3.4, you have a land use policy. This is a policy control. It's a map that is similar in nature to the LUPAG Map in the General Plan but is the CDP's policy map, and it does some important things. One is the red at the bottom clarifying, and although this was noted up in Section 2 there, clarifying that if the CDP and General Plan are in conflict, the General Plan is controlling. And, then 3.5 is the corresponding action, the follow-up action that would be required to bring the General Plan and the CDP into alignment to the amendments required to the General Plan to, to bring the two into alignment. So, that would be a follow-up step. So, that's kind of general land use reorientation to what the CDP tries to do and the tools it tries to use to achieve community objectives using land use tools. EXHIBIT C 5