2008-01-03 tdoutoro - Laserfiche WebLink

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and is it really within our purview that we can make such restrictions as we have? I donÓt understand the whole area of law and rules. TSUKAZAKI:I will amply address that because IÓm trying to speak evidentiary record now, you know, IÓm trying to stay within that context. ThereÓs no evidence on the record that the Mamalahoa Highway is a restricted access highway. In other words, thereÓs no prohibitions for larger vehicles to be on that road and, in fact, there are, and I think that was pointed out earlier. And, so, we feel that it is very unfair to then discriminate, basically, against Doutor when everybody else on that road, including other coffee farms, are doing tours without permits, have tour buses bringing visitors. Now, on the record, what we described as our clientÓs tour operation was that Doutor would take reservations; and thatÓs the kind of a control mechanism, that if a tour company organizes a tour group, they have to call in and arrange for a certain time for the tour. Because on Doutor side, they just donÓt have tour guides, you know, standing by and waiting for people to walk in. So they have to, among their staff, assign certain people to help and guide certain tours. So thereÓs that control. So when the tour companies call, they indicate approximately how many people theyÓre bringing and thereÓs a way for Doutor to ascertain what type of vehicles are going to be used. So, but, you know, again, I would say thereÓs nothing on the record, Mr. Graham, that indicates to me that the Planning Commission has the authority to start determining what kind of vehicles can use the highway. You know, if anything, I believe it would be a matter for the County Council if, in fact, it wanted to restrict certain vehicle uses on that highway. It would take something like that. GRAHAM:Thank you. GALDONES:Commissioner Fujikawa? FUJIKAWA:Mr. Tsukazaki, on the waterfall, how loud is that waterfall? TSUKAZAKI:On the evidentiary record is a noise study that was done by our client. And with the waterfall activity, along with other activity, tour activity, agricultural activity, it was below the 55 decibel sound at the boundary. ItÓs not a very noisy feature. FUJIKAWA:Okay. Yeah, as far as that 55, IÓm pretty familiar wit factors. The common lawnmower is about 70; and so I can tell you right now where it stands. Thank you. GALDONES:Commissioner Kubota? KUBOTA:Mr. Fujikawa, did I hear you say the common lawnmower is 70 decibels? 18