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1 miramar beach resort and bungalows project 2 - Santa Barbara ...

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1 MR. OVERALL: And based on<br />

2 Commissioner Bierig's questions to you just a second<br />

3 ago, I'm having trouble resolving your answer to him<br />

4 with what I'm reading here. If I'm reading Point No. 2,<br />

5 it says -- has to be "<strong>and</strong> that the conclusions in the<br />

6 documents are supported by substantial evidence,<br />

7 period." That sounds like we have to agree with the<br />

8 conclusions.<br />

9 MR. GHIZZONI: Commissioner <strong>and</strong><br />

10 "Chairman" Overall, I think the distinction is -- the<br />

11 question that I thought I was responding to from<br />

12 Chairman Bierig was does your Commission have the<br />

13 ability to apply different conditions or additional<br />

14 mitigation or a different or additional mitigation<br />

15 measures, not whether you were in agreement or not in<br />

16 agreement with the conclusions of the environmental<br />

17 document, which are two slightly different questions.<br />

18 MR. OVERALL: I made a leap there that may<br />

19 not have been.<br />

20 MR. GHIZZONI: So if you were to find that<br />

21 the conclusions within the environmental document were<br />

22 not warranted or not supported by substantial evidence,<br />

23 then, no, you should not be adopting that environmental<br />

24 document or certifying it.<br />

25 MR. OVERALL: So if we were to disagree with<br />

333

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