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depending on the Planning Director, with his discretion and powers can determine whether or not <br />an EIS should be called for. Is that right or wrong? That€s what I understand. <br />ALAMEDA:Whom are you asking? Okay. Mr. Director? <br />YUEN:There are some situations where an environmental assessment is <br />mandatory, and those are spelled out in the law. Under Chapter 343 there are things that they <br />call triggers‚ in the law; there is a list of these. It€s a matter of staff review of any application to <br />come in to determine whether there is a trigger. We can make a mistake, and if somebody points <br />out to us there is a trigger that we missed, then we have to go back and make them do an <br />environmental assessment. And you do the environmental assessment and determine whether a <br />full EIS is needed. If it may have a major effect on the environment, then you require a full EIS. <br />Sometimes applicants will know there is a trigger ƒ it€s going to be a major effect ƒ they go <br />straight to do the full EIS; they don€t even talk to the Department first, they just go and do an <br />EIS.UndertheSMArulesalsotheDirectorcancallforanenvironmentalassessmentoranEIS <br />even when there isn€t a trigger. In this case, normally I don€t do that simply because basically <br />the same studies that are done for an environmental assessment or an EIS are contained in part of <br />the application, as they are in this case. <br />ALAMEDA:Commissioner Domingo? <br />DOMINGO:That was one of the issues that prompted me to ask the question <br />whether or not the lands south of this particular development have already been developed or <br />not. And I think by the indication I got, it has been developed, and that the so-called impacts and <br />other factors that might affect the whole area may have already been a concern to a certain <br />degree already. <br />YUEN:Yeah, if you look at the map behind Mr. Darrow, you see the red <br />dot. The yellow area to the right of the ƒ Jeff, could you point to that? That€s the Kahakai <br />Estates subdivision that€s immediately adjoining this property on the south and mauka side of the <br />property ƒ mauka of the future Alii Parkway right-of-way, which is shown on there. So that€s <br />been developed to one-acre lots. Immediately makai of the property ƒ the light green area ƒ <br />there are two 5-acre lots that have not been developed; those are vacant. Those are -, well, <br />Mr. Darrow is pointing to those. Then much of the property was one rezoning, and that€s what <br />you see on the left-hand diagram. And you see some of those were already broken up and <br />developed earlier, and then so they are coming in for the balance of this development. On the <br />north side, on the other side of the Waiaha Drainageway on the northern side is Kona Hawaiian <br />Village timeshares ƒ a separate rezoning; it was done around the same time but a separate <br />rezoning. <br />ALAMEDA:Any other questions for the applicant€s representatives? Seeing <br />none, I do have a comment or question for Mr. Torigoe. The Department is also a player in this. <br />Do I need to ask the Department to respond to the testimony or -? <br />TORIGOE:You can certainly do that. <br />ALAMEDA:Does the representative from the Department, Mr. Yuen, does he <br />have to go up in the front or -? <br />25EXHIBIT C <br /> <br />