COM 1078.000 2006-2008 - Laserfiche WebLink

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the whole Plan. But in drafting an ordinance like this about what is the range of options that the Commission can have, it has to be one of the options of the Commission. Now also remember the Planning Commission itself doesn't have a veto at all on a Community Development Plan in a sense that even with a completely negative recommendation from the Planning Commission, it does go up to the Council for the Council's final action. But what the proposed ordinance says is that "the commission shall recommend approval in whole or in part, with or without modifications, or rejection of the community development plan or any amendment." So if the Commission recommends approval of, you know, chapters, say there are 9 chapters and you recommend approval of 8 of the 9 chapters and disapproval of I chapter, that's also in the range of options here; or even of one paragraph or one sentence or one policy, one map, and approval of the rest, the Planning Commission, that is, those are all in the range of options that the Planning Commission has. If the Planning Commission wants to add a policy, add a statement, that's in the "with or without modifications" clause of this. So all of those options are set out for the Planning Commission. We certainly, we couldn't write something like this that says the Planning Commission does not have the option of saying that the whole thing ought to be reworked and recommending disapproval of it. WATANABE: Are you comfortable with that? I think what Mr. Yuen is saying is that he is merely indicating what is possible, not necessarily what is probable. SIRACUSA: I understand that. However, I have seen it in my life things that were improbable come to pass; and so I have to be very, you know, careful. And it's part of doing our job here is to, you know, look at all the possibilities in what could happen and the ramifications for the future. I still have concerns about that even though I know that we are not the ultimate say-so and that it goes up to the Council; because I know that not all the Council people read all the stuff they get from us. And so, even our discussions about the details of something, those messages don't always get through to everybody up there. WATANABE: Well, okay. Yes, Mr. Alameda. ALAMEDA: Thank you. I have a question. Mr. Yuen, you know the Community Development Plan, if you push the process further and, say, the County Council adopts it. Then what does it become? Does it become a plan of guidance or a more stringent plan of compliance? YUEN: Well, it's both, depending how sections of it are worded. There are going to be some things that wind up being mandatory. But then there are things that in any plan are stated as policies and they're stated as objectives and things to work toward; but they may not, you know, have the ultimate control. And let me give you an example of two different ways to word it. Say the Community Development Plan doesn't like bed and breakfasts. If the Community Development Plan says no more bed and breakfasts in North and South Kohala, and this is adopted by ordinance of the County, then we will stop, you know, there will be no more bed and breakfasts; that amends the other sections of the law that will do that. Now if it said that bed and breakfasts shall be discouraged unless - and it gave a bunch of conditions - then that's guidance, and then the Planning Commission is supposed to take the guidance seriously. And if it says, you know, no bed and breakfasts except in resort areas, then - the wording is that the County shall discourage establishment of bed and breakfasts in neighborhoods in Waimea and Waikoloa and encourage it in resort areas like Waikoloa Beach Resort - then that's a guidance, 4