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the fair share and how that would play out with the lots. And he was saying that none of them
<br />would be interested in farming those lots. It was an Ag zoned parcel, you know, but he would do
<br />the farming on their lots. And thats the sort of thing that, you know, the concern that Mr.
<br />Frankel was raising there about the Ag land thing. I think this needs more work. I dont feel
<br />comfortable with it right now.
<br />ALAMEDA:Other thoughts? Commissioner Springer?
<br />SPRINGER:Im wondering if the Director can indicate to us if he agrees where the
<br />additions regarding the Department of Environmental Management might be made, where the
<br />insertions on Hawaiian rights might be made. Perhaps under 65, under 3 would be an
<br />appropriate place for the Hawaiian rights, and with regard to the farm plan, if theres an
<br />appropriate place to insert that?
<br />YUEN:Well,letme,theaspectoftheDepartmentofEnvironmentalManagement,
<br />we already handle that administratively in that if its near a County sewer system it gets referred
<br />to the Department of Environmental Management. They determine whether they can connect the
<br />sewer to it. Wastewater is handled by, the normal requirement is that it goes to the Department
<br />of Health. If the Department of Health says okay, you can do an individual wastewater system
<br />which will be a septic or a cesspool. If it needs to be sewered, then the Department of Health
<br />requires a sewer and we connect it to the County sewer system. So theres no need as far
<br />changing the Department of Environmental Management. Both the, the suggestions for
<br />Hawaiian rights and the suggestion for agricultural use and a farm plan are major legislative
<br />decisions. They are not, especially the agricultural use is a huge legislative decision. And what
<br />Mr. Frankel wants me to do, and weve had this discussion, is to give Commissioner McCalls
<br />example, you have a piece of property thats zoned, thats say 90- acres and its zoned Ag-20,
<br />and under the current, under my understanding of the way the process works, and the way it has
<br />worked for 40 years here, and the way every other County does it, you can make the number of
<br />lots allowed by the zoning. Now you have to follow the Subdivision Code that calls for roads,
<br />water and drainage. All right? But you dont have to prove, pre-approve agricultural, productive
<br />agricultural viability on each of the subdivided lots. Thats what he wants me to do.
<br />Now I disagree that you can do that as, that I as a Planning Director can sit there and say, oh,
<br />now, folks, this is a requirement, that I just discovered this in Chapter 205, Hawaii Revised
<br />Statutes, because its not anywhere in the, clearly not anywhere in the Subdivision Code or the
<br />Zoning Code that says you have to do this. And I can give a little more detail about this later.
<br />But, so how people want to handle agricultural land, thats a debate in itself. And, you know,
<br />people, we can have that debate and discussion, the Council can introduce a bill to do that if they
<br />want to introduce that into the Code. In the process of trying to fix this problem with the way we
<br />do the subdivision that we get in the Planning Department every day I dont want to deal with it.
<br />Its a huge issue that is not commensurate with what were trying to do right here. All right?
<br />On Hawaiian rights, I think its probably best to describe what we in fact do. We had a
<br />discussion, historic sites, okay, archaeological sites. Theres a section of Hawaii Revised
<br />Statutes that says that 60-42, and it says that when a subdivision or other project comes in that
<br />may affect historic sites that SHPD shall be given an opportunity for review and comment. We
<br />discussed this with them. They did not want to look at 200 subdivisions a year. So we
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