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Commissioner Narum referred to the exempt policy. She agreed this was one <br />structure that was on a parcel January 1, 2007 and whether or not it was man-made <br />becomes irrelevant. She added that it is part of the General Plan, and the <br />Commission can make the finding that it is consistent with the General Plan. <br />Ms. Seto agreed with a more general determination that this is consistent with the <br />General Plan, and noted that it appears there is a preference from a Commissioner <br />to leave it more broad in that manner. <br />Commissioner Blank said he would prefer to have a recommendation that this is <br />consistent with the General Plan than to imply that the Planning Commission <br />determines that artificial slopes do not apply, parking lots do not apply, or a light pole <br />is not a structure. <br />Commissioner Olson agreed with Commissioner Blank. He noted that it appeared to <br />him that the Commission’s consideration of Measures PP and QQ was like trying to <br />determine what the framers meant when they wrote the Constitution. He indicated <br />that he did not believe a discussion of Measures PP and QQ should be included. <br />Commissioner O’Connor said he agreed that the finding the Commission should be <br />looking for is whether or not this is consistent with the General Plan. He noted, <br />however, that the language of both Measures PP and QQ was incorporated into the <br />General Plan; therefore, by reference, if it is specific to the General Plan, he believes <br />the Commission needs to determine whether it is consistent with Measures PP <br />and QQ. <br />Commissioner Blank stated that he believed this can be done without saying, <br />“parking lots don’t count” or “man-made ledges don’t count,” or “a light pole is not a <br />structure.” He noted that when the Commission gets to this level of specificity, it is <br />opening up itself to future challenges. <br />Commissioner O’Connor stated that this could be the case; however, the specific <br />wording does not discuss man-made slopes or natural slopes. Commissioner Blank <br />stated that this is precisely the reason why he does not want to be the one to make <br />that formal determination and have future Commissioners disagree. <br />Chair Pearce advised the Commissioners that discussion would continue after the <br />public hearing is opened and closed. <br />Commissioner Blank disclosed that he has eaten at Hana Japan several times. <br />THE PUBLIC HEARING WAS OPENED. <br />William Wood, Project Architect, stated that he has worked with the site for a <br />corporate offices project back in 1988, which was the downturn of the market. He <br />PLANNING COMMISSION MINUTES, March 11, 2009 Page 5 of 9 <br /> <br />