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WATANABE: Sixty. <br />DOMINGO: Sixty, 60 days. So that would be forwarded to the Council with a negative <br />recommendation by the Planning Commission. <br />TORIGOE: Right. That’s essentially what the rule says. <br />DOMINGO: Okay. So you know, I think the critical question of the matter is where are <br />we on the time clock. <br />HAYASHI: Okay. The -. <br />GRAHAM: Mr. Hayashi? <br />HAYASHI: The Director’s recommendation was forwarded to the Planning <br />th <br />Commission on July 11. So that’s the date that you have received it. That being the case, if <br />th <br />you take 60 days, then action should have been taken by September 11. <br />GRAHAM: Thank you, Mr. Hayashi -. <br />YUEN: Let me, let me lay out what the issue is here -. <br />GRAHAM: All right. Mr. Yuen. <br />YUEN: And I do think that in this case I would turn to the Planning Commission’s <br />counsel to tell us the proper legality of the procedure. The issue that counsel is raising is <br />whether the, clearly under the – and the ordinance, by the way, the ordinance is the same as the <br />Rules; the Zoning Code has the same procedure as the Planning Commission Rules – clearly <br />under both the ordinance or the Planning Commission Rules, when an applicant landowner <br />initiates a change to the Zoning Code, the applicant landowner can consent to the Planning <br />Commission keeping the matter there beyond 90 days and not sending it up to the Council. The <br />rule does not, both the rule and the ordinance don’t expressly say that of a Planning Director <br />initiated amendment. For the record, my view is that the Planning Director can consent to keep a <br />matter at the Planning Commission beyond the 60 days. And again for the record, I would <br />th <br />consent that this matter be kept at the Planning Commission for action at the January 11 <br />meeting. I would not consent to a time period beyond that. There is also sort of a subsidiary <br />question of whether you count periods of a voluntary deferral against the 60 days or 90 days. <br />My view is that you -, it’s not really that critical because, as I said, either the Planning Director <br />can consent to extend the time beyond the 60 days or not; if the Planning Director can, then I <br />th <br />would, as I just said, consent to extend it to January 11 for the Planning Commission to <br />consider this and, to consider the rezoning aspect of it and make a decision on the merits before <br />sending it up to the County Council, but not beyond that. <br />GRAHAM: Thank you, Mr. Yuen. I would also like to just say to the public who’s <br />here today, this is all kind of meticulous legal kind of back-and-forth we are doing, which <br />doesn’t probably make very good listening on your part, but it’s important, it’s important that we <br />do it in a public arena. So maybe you want to take a break, maybe you want to keep listening, <br />EXHIBIT A <br />14 <br /> <br />