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2008-02-22 TPDCDP
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2008-02-22 TPDCDP
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the whole Plan. But in drafting an ordinance like this about what is the range of options that the <br />Commission can have, it has to be one of the options of the Commission. Now also remember <br />the Planning Commission itself doesn’t have a veto at all on a Community Development Plan in <br />a sense that even with a completely negative recommendation from the Planning Commission, it <br />does go up to the Council for the Council’s final action. But what the proposed ordinance says is <br />that “the commission shall recommend approval in whole or in part, with or without <br />modifications, or rejection of the community development plan or any amendment.” So if the <br />Commission recommends approval of, you know, chapters, say there are 9 chapters and you <br />recommend approval of 8 of the 9 chapters and disapproval of 1 chapter, that’s also in the range <br />of options here; or even of one paragraph or one sentence or one policy, one map, and approval <br />of the rest, the Planning Commission, that is, those are all in the range of options that the <br />Planning Commission has. If the Planning Commission wants to add a policy, add a statement, <br />that’s in the “with or without modifications” clause of this. So all of those options are set out for <br />the Planning Commission. We certainly, we couldn’t write something like this that says the <br />Planning Commission does not have the option of saying that the whole thing ought to be <br />reworked and recommending disapproval of it. <br />WATANABE: Are you comfortable with that? I think what Mr. Yuen is saying is that he <br />is merely indicating what is possible, not necessarily what is probable. <br />SIRACUSA: I understand that. However, I have seen it in my life things that were <br />improbable come to pass; and so I have to be very, you know, careful. And it’s part of doing our <br />job here is to, you know, look at all the possibilities in what could happen and the ramifications <br />for the future. I still have concerns about that even though I know that we are not the ultimate <br />say-so and that it goes up to the Council; because I know that not all the Council people read all <br />the stuff they get from us. And so, even our discussions about the details of something, those <br />messages don’t always get through to everybody up there. <br />WATANABE: Well, okay. Yes, Mr. Alameda. <br />ALAMEDA: Thank you. I have a question. Mr. Yuen, you know the Community <br />Development Plan, if you push the process further and, say, the County Council adopts it. Then <br />what does it become? Does it become a plan of guidance or a more stringent plan of <br />compliance? <br />YUEN: Well, it’s both, depending how sections of it are worded. There are going <br />to be some things that wind up being mandatory. But then there are things that in any plan are <br />stated as policies and they’re stated as objectives and things to work toward; but they may not, <br />you know, have the ultimate control. And let me give you an example of two different ways to <br />word it. Say the Community Development Plan doesn’t like bed and breakfasts. If the <br />Community Development Plan says no more bed and breakfasts in North and South Kohala, and <br />this is adopted by ordinance of the County, then we will stop, you know, there will be no more <br />bed and breakfasts; that amends the other sections of the law that will do that. Now if it said that <br />bed and breakfasts shall be discouraged unless – and it gave a bunch of conditions – then that’s <br />guidance, and then the Planning Commission is supposed to take the guidance seriously. And if <br />it says, you know, no bed and breakfasts except in resort areas, then – the wording is that the <br />County shall discourage establishment of bed and breakfasts in neighborhoods in Waimea and <br />Waikoloa and encourage it in resort areas like Waikoloa Beach Resort – then that’s a guidance, <br />EXHIBIT B <br />4 <br /> <br />
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