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HomeMy WebLinkAboutCOM 1041.000 2006-2008 MtY~N4 Harry Kim, Dixie Kaetsu Mayor Managing Director i• Barbara Kossow Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 967204252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740 (808) 329-5226 Fax (808) 326-5663 February 13, 2008 a Honorable Pete Hoffmann, Chairman T and Members of the County Council O C7 r'^ .p County of Hawaii Z z 333 Kilauea Avenue Hilo, HI 96720 Dear Chairman Hoffmann and Members: o C Y,r' ~ fanning Director Initiated r Amendment to Section 25-2-45, Chapter 25 (Zoning), Hawaii County Code 1983 (2005 Edition, as amended) Re: Nonsignificant Zoning Changes Change of Zone Application (REZ 07-000074) Applicant: Arnold H. Hara and Lillian K. Murakami Request: RS-15 to RS-10 Tax Map Key: 2-4-10:31 As required by Chapter 4, See. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. , Sin cerel Harry Kim u Mayor Enclosures cc: Planning Department - - a~ ag Comm. No._~ aJ `t Ref. To: % Ref. Date -EU.1 2001 „(Y OIy 1Tf Gl:•N•~ County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8792 February 13, 2008 r s= Pete Hoffmann, Chairman and Members of the County Council County of Hawaii F CID 333 Kilauea Avenue, 2"d Floor Hilo, HI 96720 Dear Chairman Hoffmann and Council Members: Planning Director Initiated Amendment to Section 25-2-45, Chapter 25 (Zoning), Hawaii County Code 1983 (2005 Edition, as amended) Re: Nonsignificant Zoning Changes The Planning Commission at its duly held public hearing on February 1, 2008, considered the Planning Director's request for an amendment to Section 25-2-45, Chapter 25 (Zoning), Hawaii County Code 1983 (2005 Edition, as amended) with respect to Nonsignificant Zoning Changes. The Commission voted to forward a favorable recommendation to the County Council and concurs with the Planning Director's reasons as follows: The Zoning Code has a Section 25-2-45, which allows the Planning Director to make what are called "nonsignificant zoning changes" by administrative action without the change going through the Planning Commission or the County Council. Normally, a zoning change must be made by a rezoning ordinance passed by the County Council after review by the Planning Commission. The current wording of Section 25-2-45 reads as follows: "Section 25-2-45. Nonsignificant zoning changes. The director may administratively grant any nonsignificant zoning change. A nonsignificant zoning change must comply with the designations for the property set forth in the general plan and any development plan adopted by ordinance, and must either: Hawaii County is an Equal Opportunity Provider and Employer Pete Hoffmann, Chairman and Members of the County Council Page 2 (1) not result in a net increase in the density allowed in the zoning district(s) containing the affected area; or (2) be the lesser of a five percent or one acre increase or decrease in the area of any zoning district(s)." This language was a change made in the 1996 amendments to the Zoning Code. The provision prior to 1996 was more restrictive: "Section 25-18.1. Nonsignificant zoning changes. (a) The planning director may administratively grant nonsignificant zoning changes, which is defined as a change in district classification 1) which does not result in an increase or decrease in any zoning designation affecting more than five percent or one acre of any parcel of property, whichever is less, and 2) which is in compliance with the general plan and development plan designations of the property. (b) The director shall promulgate rules in compliance with FIRS chapter 91 to carry out this section of the law. (1990, Ord. No. 90-77, sec. 2.) This wording is somewhat vague and has been interpreted to allow ,,nonsignificant zoning changes" involving large acreages, as long as there was no net increase in the density, and to allow the planning director to move zoning designations substantial distances, even between noncontiguous properties. A rezoning is a major change that determines the basic uses of the land, and normally should be decided by the council, after review by the Planning Commission, and with the recommendation of the Planning Director, rather than by the Planning Director's unilateral decision. If the council wants to rezone a large area and give the Planning Director flexibility to change uses within that area, the Zoning Code has a tool: "project district" zoning, under Sections 25-6-40 to 49.2. Nonsignificant zoning changes, done administratively by the Planning Director, have a legitimate function of allowing relatively small and minor adjustments to zoning lines without the necessity of going to the council for all such changes. For example, they have been legitimately used to adjust the boundaries of golf courses zoned Open against residential and commercial uses within resorts. Nonsignificant zoning changes should not be used to make major changes in zoning without the involvement of the council and Planning Commission. For these reasons, the Planning Director recommends that nonsignificant zoning changes be limited to those that increase or decrease zoning designations affecting five percent of the area, or one acre, whichever is less, of any affected lot. This would change the law back to what it was before to the 1996 Zoning Pete Hoffmann, Chairman and Members of the County Council Page 3 Code amendments. The Planning Director also recommends that the Zoning Code be amended to specifically require notice to surrounding property owners and posting of a sign on the property, as generally required for other land use changes. We have enclosed a copy of the Planning Director's Background/Recommendation Report, a copy of the draft bill, and transcripts of the hearings for your information. Sincerely, IVZ~~ 61-111 Rodney Watkabe, Chairman Planning Commission cc: Planning Department-Kona Lincoln Ashida, Esq. BRP haiatedWAo 11/13/07 COUNTY Of HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION INITIATOR: PLANNING DIRECTOR AMENDMENT TO CPTER 25 The PLANNING DIRECTOR is initiating an amendment to Chapter 25. (Zoning) Hawaii County Code 1983 (2005 Edition, as amended) with respect to Nonsignificant Zoning Changes. PROPOSED ACTION Background: The Zoning Code has a Section 25-2-45, which allows the Planning Director to make what are called "nonsignificant zoning changes" by administrative action without the change going through the Planning Commission or the County Council. Normally, a zoning change must be madiby a rezoning ordinance passed by the County Council after review by thePlatining Commission, The current wording of Section 25-2-45 reads as follows: "S060.254 45. Nonsignificant zoning changes. The.&ector may administratively grant any nonsignificant zoning change: A nonsignificant zoning change must comply with the designations for the property set forth in the general plan and any development plan adapted=by ordiWce, and, must either: (1) not result nr,a net increase in the density-allowed in the zon d" eubiainins the" t ~ zrc ~ . 'k h MINOR= ` #ipn 25-1 1, 1~dns gniiicant zonang:changes. (a) The planning director may administratively" grant nonsignificant zoning changes, which is defined as a change in district classification 1) which does not result in an increase or decrease in any zoning designation affecting more than five percent or one acre of any parcel of property, whichever is less, and 2) which is in compliance with the general plan and development plan designations of the property. ATTACH: Comm. 1041 Bill 254 (b) The director shall promulgate rules in compliance with FIRS chapter 91 to carry out this section of the law. (1990, Ord. No. 90-77, sec. 2.) This wording is somewhat vague and has been interpreted to allow "nonsignificant zoning changes" involving large acreages, as long as there was no net increase in the density, and to allow the planning director to move zoning designations substantial distances, even between noncontiguous properties. A,rezoning is a major change that determines the basic uses of the land, and normally should be decided by the council, after review by the Planning Commission, and with the recommendation of the Planning Director, rather than by the Planning Director's unilateral decision. If the council wants to rezone a large area and give the Planning Director flexibility to change uses within that area, the Zoning Code has a tool: "project district" zoning; under Sections 25-640 to 49.2. Nonsignificant zoning changes, done administratively by the Planning Director, have a legitimate function of allowing relatively small and minor adjustments to zoning lines without the.necessity of going to the council for all such, changes. For example, they have been legitimately used to, adjust the boundaries of golf courses zoned Open against residentialand - commercial, uses within resorts. Nonsignificant zoning changes should not be used to make major changes in zoning without the involvement of the council and Planning Commission. For these reasons, the Planning Director recommends that nonsignificant zoning changes be lifted ta.thosrt t}iat-merqase,or decrease zoning desi$natloxas afectinpt a pexcent of the area ; , ~Y ° a e 3`Or A b i z P+T, {.j <x sy, 3^s. IF, req~ v poi` ufike~ lanclnse changes A bill proposing the amendment to the nonsignificant zoning change provisions is attached as Exhibit A. -2- ~~Y a COUNTY OF HAWAII " STATE OF HAWAIII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAP. 25, ARTICLE 2, DIVISION 4, SECTION 25-245 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION) WITH RESPECT TO NON- SIGNIFICANT ZONING CHANGES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The Zoning Code allows some zoning changes, called "nonsignificant zoning changes", to be done administratively by the planning director, rather than by action of the county council. The purpose of this ordinance is to clearly limit the scope of such changes so that only small changes, not affecting more than five percent of any lot or one acre, whichever is less, can be made without the county council enacting a rezoning ordinance. SECTION 2. Section 25-2-45, Hawai'i County Code, is amended to read as follows: "Section 25-2-45. Nonsignificant zoning changes. La) The director may administratively grant any nonsignificant zoning change. A nonsignificant zoning change must comply with the designations for the property set forth in the general plan and any development plan adopted by ordinance, and not result in an increase or decrease in anv zoning designation affecting more than five percent of the area, or one acre, of any lot, whichever is less. must either: (1) Not result in a net increase in the density allowed in the zoning district(s) containing the affected area; or (2) Be the lesser of a five percent or one acre increase or decrease in the area of any zoning district(s).] (b) The pplicant for a nonsignificant zoning change shall give notice to surrounding owners and lessees of record pursuant to sec 25-2-4 and shall post a sign for public notification as provided by section 25-2-12." -1- EXHIBIT `l 1 SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -2- PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT DECEMBER 12, 2007 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 (ZONING CODE) REGARDING NONSIGNIFICANT ZONING CHANGES was called to order at 1:50 p.m. at the Waikoloa Beach Marriott Hotel, Alii I, 69-275 Waikoloa Beach Drive, Waikoloa, Hawaii, with Chairman William Graham presiding. PRESENT: William Graham ABSENT & EXCUSED: Andrew Iwashita C. Kimo Alameda Takashi Domingo Shelly Ogata Alvin Rho Rene' Siracusa Rodney Watanabe Rell Woodward Ivan Torigoe, Deputy Corporation Counsel Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Christopher Yuen, Planning Director And 6 people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Section 25-2-45, Chapter 25 (Zoning), Hawaii County Code 1983 (2005 Edition, as amended) with respect to Nonsignificant Zoning Changes. GRAHAM: The Hawaii County Planning Commission will come back into session. Our first agenda item for the afternoon here is our No. 5 item on the New Business. Initiator is the Planning Director, and he is initiating an amendment to the Hawaii County Zoning Code Section 25-2-45, and that's with respect to nonsignificant zoning changes. So, Mr. Yuen, if you can give us some background on this, please? YUEN: Good afternoon, everybody. It's a little easier to address the group from here. And I was going to handle the explanation of this item. There is a provision in the Zoning Code called nonsignificant zone changes. The Commission has never dealt with these before because they are completely administrative. The normal zoning change process, the normal rezoning process, you are very familiar with; it's either initiated by the Council, the Planning Director, most commonly by the landowner. It goes to the Planning Commission for consideration, there's public hearings, public notice, and then it goes to the County Council, and the County Council makes the final zoning decision. There is a, the nonsignificant zoning change is a procedure that's allowed by the Zoning Code that empowers the Planning Director to 1 unilaterally make zoning adjustments or zoning changes to property. There are some restrictions on it; under the current Zoning Code, the basic restriction would be that you cannot increase the density of property. So to give you an example of a fairly common and legitimate use of a nonsignificant zoning change, in many resorts, the golf courses are zoned Open, and they have residential areas zoned Residential that line the golf courses. So these zonings went in typically by, strictly by metes and bounds, and the applicant had an idea of how they were going to lay out the golf course and homes. But in the actual course of development after the zoning happened, they might want to change the boundaries of the golf course. As a result, they might want to build homes where the golf course was supposed be and vice versa. So the nonsignificant zone change allows them to make an application to the Planning Director. There is notice to adjoining property owners, there is a procedure for this, but it does not involve the Council. So the Planning Director can make this kind of zoning change. My proposal here is, I feel that the current wording of the nonsignificant zone change is too wide-open and allows too much leeway. There have been instances where areas involving considerable acreages have been swapped, including changes where different densities have been moved over noncontiguous properties and involving considerable acreages and considerable distances. Before 1996 the nonsignificant zone change was limited to a maximum of one acre or five percent of a given parcel, whichever is less. So this amendment would change the wording of the Zoning Code back to the limitations in 1996 from what is currently allowed under the nonsignificant zone change. GRAHAM: Do we have any questions from the Commissioners? Commissioner Siracusa? SIRACUSA: Yeah, suppose you had a lot and five percent, if you rezone that five percent, it would not be - what's the word I'm thinking of, when the zoning is different than the number of acres, begins with the "c" YUEN: Nonconforming? SIRACUSA: Nonconforming, right. YUEN: And what is your question? SIRACUSA: So you change the zoning on five percent, but that five percent then would not be in conformance. YUEN: Well, you could change up to five percent of the parcel or one acre, whichever is less. So in a case of a 100-acre parcel, five percent would be five acres, but you couldn't change five acres; you would be limited to one acre. On a 10,000, well, on a one-acre lot - let's see - five percent would be whatever five percent of 40,000-something square feet is, so you would have a maximum of 2,000 square feet that could be changed by a nonsignificant zone change. If the lot was, say the lot is 40,000 square feet, your limitation would be five percent, which would be 2,000 square feet that could be changed by a nonsignificant zone change. That's how it would work. 2 SIRACUSA: I was a little bit confused about, now some things in here; I understand about notice to surrounding property owners, about adding that, and But why are you taking out "not result in a net increase in the density?" Why is that bracketed? YUEN: That's just to return it to the language before 1996. WATANABE: Mr. Chair? GRAHAM: Yes, Commissioner Watanabe? WATANABE: So, Mr. Director, so then on page 1 of the Exhibit A, that is the proposed new wording? Am I correct in that? That ordinance that is attached? But it still does refer to "not result in an increase or decrease in any zoning designation." Am I right on that? SIRACUSA: No, that's the current GRAHAM: It seems like you are just inserting something that kind of is almost the same as words you are removing maybe. Is that the sense, Commissioner Watanabe? WATANABE: Yeah, and I'm not sure if this, well, it's, if I heard properly, you're saying that the current wording is much too broad, if I heard properly, and so it allows for more discretion. And so you are trying to tighten this up, but I'm not sure YUEN: Right, that is the WATANABE: That's the intent, right? YUEN: The Exhibit A is the proposed ordinance, yes. WATANABE: Yeah, so this is the proposed how does this tighten it up, though? I'm YUEN: Because it limits the area that can be involved to one acre or five percent. WATANABE: Oh, prior to this, didn't Oh, okay, okay, okay YUEN: That is, yeah WATANABE: Wait, wait, wait YUEN: That's not a WATANABE: No, no, this says, current wording YUEN: That's not a restriction in the current WATANABE: I, well, but isn't the current wording also on page 1 under No. (2), "Be the lesser of a five percent or one acre increase or decrease in the area of any zoning district(s)?" Isn't that the current wording? 3 YUEN: That's an "or," though. OGATA: It's a "or." Right here. WATANABE: Oh, okay. GRAHAM: Yeah, I think we've got that clear yes? WATANABE: Yeah. GRAHAM: Good. YUEN: Oh, and just so the Commission is clear, this is one of those, because it's an overall change to the Zoning Code, this is one of those things that we would present at two meetings, one on each side of the island. So we are not asking for action by the Commission today; this will be again on the, the next meeting in East Hawaii, on the agenda, and that we would ask for the Commission to act at that time. But we, you know, we can continue this, this discussion certainly today. GRAHAM: So the gist on the actual Exhibit A, Chris, is that in the previous ordinance, we had (1) and (2) and an "or" relationship, whereas you're now sort of saying that they both would have to be fulfilled. YUEN: It would simply be, allow a five percent increase or decrease in any zoning district. SIRACUSA: Mr. Chair? GRAHAM: Okay, yes? SIRACUSA: I'm afraid I just didn't catch it or understand why you've deleted the "not result in a net increase in the density involved." Maybe I'm dense today, but YUEN: Honestly, I felt that SIRACUSA: 'Cause I like that part. YUEN: Well, that is also kind of vague as to what that actually means. SIRACUSA: 1 mean that's, we are talking about counting numbers, isn't that or, you know, I mean YUEN: The wording of, the wording would allow, the new wording would allow the following, okay - I'm going to, I'll give you an example what the new wording would allow that would not, that might not be allowed in the current wording, all right - if you had 100,000 square feet of RS zone adjoining 100,000 square feet of Open zone, you could increase the RS zone by a nonsignificant zoning change up to five percent, or to 105,000 square feet, without a 4 corresponding tradeoff in the Open zone, okay, that is true; that is, I would still consider that a nonsignificant zoning change. You would have to have RS zone to begin with, and then you could make up to a five percent increase or decrease in the zoned area. GRAHAM: Any further questions for the Planning Director? We don't have any public testifiers signed up. If there is anyone at this point who would like to comment from the public, please come forward, and you're welcome to do so. Here comes Jeff. Would we want to proceed and have one of the Commissioners make a motion on this initiative by the Planning Director? Or is there any further discussion we need? All right, so ALAMEDA: I'll make a motion GRAHAM: The motion would be to continue since we are not going to take action today. ALAMEDA: Are we continuing to the next Kona meeting? GRAHAM: No, to the next meeting. Which would be the Hilo side meeting ALAMEDA: Next Hilo meeting, yeah. Yeah. Okay, I'll make a motion. GRAHAM: For continuance ALAMEDA: Continue GRAHAM: Is there a second? OGATA: Second. GRAHAM: Okay. Seconded by Commissioner Ogata, moved by Commissioner Alameda, that we continue this until the next meeting, which will be on the Hilo side. Any commentary, discussion? Jeff, would you get the vote, please? DARROW: Thank you, Mr. Chairman. The motion before us is to continue this agenda item to the next Hilo meeting. With that, I'll take the roll. Commissioner Alameda? ALAMEDA: Aye. DARROW: Commissioner Ogata? OGATA: Aye. DARROW: Commissioner Domingo? DOMINGO: Aye. DARROW: Commissioner Rho? 5 RHO: Aye. DARROW: Commissioner Siracusa? SIRACUSA: Aye. DARROW: Commissioner Watanabe? WATANABE: Aye. DARROW: Commissioner Woodward? WOODWARD: Aye. DARROW: And Mr. Chairman? GRAHAM: Aye. DARROW: The motion passes, eight to zero. GRAHAM: Thank you, Jeff. The discussion ended at 2:05 p.m. Respectfully submitted, Noriko Sauer West Hawaii Secretary 6 t PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 1, 2008 A regularly advertised hearing on the PLANNING DIRECTOR'S AMENDMENT TO CHAPTER 25 (ZONING), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) REGARDING NONSIGNIFICANT ZONING CHANGES was called to order at 9:07 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman Rodney Watanabe presiding. PRESENT: Rodney Watanabe ABSENT & EXCUSED: Takashi Domingo Kimo Alameda Rene' Siracusa Lani Bowman Andrew Iwashita Shelly Ogata Alvin Rho Rell Woodward Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately nine people from the public in attendance. INITIATOR: PLANNING DIRECTOR Continued hearing on the amendment to Section 25-2-45, Chapter 25 (Zoning), Hawaii County Code 1983 (2005 Edition, as amended) with respect to Nonsignificant Zoning Changes. WATANABE: We are on Agenda Item No. 1, it's Planning Director initiated amendment to Chapter 25. I believe this is the second reading, cause I believe the first reading was in the Kona area. YUEN: That's right. This is a matter that the Planning Commission has looked at before. The first agenda item is a matter that we did take up in December at our Kona meeting. Because it's a general Code change we normally do this and have meetings on both sides of the island so that people on both sides of the island have a reasonable chance to testify at the Planning Commission, and also the Commission can spend a little more time looking at it. This is a matter that involves something that's in the Zoning Code called a nonsignificant zoning change. The idea behind it is that administratively the Planning Department, Planning Director, can adjust boundaries between adjacent zoning districts. And it's called nonsignificant because they're supposed to be nonsignificant, not major changes in the zoning or the land use. 1 The Planning Commission is, of course, familiar with zoning changes. And the normal process for a zoning change is that it comes to the Planning Commission. After being reviewed by the Planning Department, it comes to the Planning Commission. The Planning Commission looks at it, makes a recommendation, sends it up to the County Council; and the County Council acts on it. So it's a very public process. And I think we've seen that even relatively small land use changes require this kind of public process. We've seen zoning changes that may cover, say, a lot of 10,000 square feet or 20,000 square feet, it may change it from a Residential 15,000 square foot zone to a Residential 10,000 square foot zone. And these kinds of even relatively small changes go through zoning up to the County Council. So the wording of the nonsignificant zone change was itself amended in the 1996 Zoning Code changes; and it was amended in a way that has been interpreted to make it possible to do fairly large moves of zoning from one spot to another as long as the overall density is not changed on the property. So as a policy matter we think that these kinds of changes should generally be done through the normal zoning process, that actually the kinds of things that I just described can be done through what's called Project District Zoning where you zone a large area and then you move uses around within that area. But it shouldn't be done just administratively by the Planning Department. So the amendment that's here would change the wording back to the way it was before December 1996 and it would limit the extent of any nonsignificant zone change to a half an acre, I'm sorry, an acre or the lesser of an acre, or a 5 percent increase or decrease in the area, of a zoning district. So if you had adjacent Commercial and Residential properties of an acre, for example, you could do a boundary change that affected 5 percent of that acre and administratively adjust the boundaries. There are a lot of situations where it's useful to do this. The most common type of situation has been on golf courses. Many of the zonings that were done for resorts had the golf courses in an open zone. And then when they actually go out to build a golf course they want to change the boundaries between the Residential and the Open zones slightly; and that's a legitimate use of the nonsignificant zone change. So this is, again, this is something that we talked about before. We would like to take this up to the County Council with a favorable recommendation from the Commission; and the Commission can act on, we would ask the Commission to act on this today, if possible. WATANABE: Thank you. Are there any questions for the Director? No questions? Is there any, you want to go into any discussion or does anyone care to make a motion? Cause this is a second reading, so a motion would be appropriate. RHO: So I assume we don't have any public testimony here WATANABE: Oh, I'm sorry. I'm sorry. Yeah, at this point I had no one signed up. And as a reminder to the public, if you do wish to testify on any of the items then you would need to sign up with Sharon, the staff person. But, yes, at this point there's no one, no one signed up to testify. 2 RHO: Okay, so I'll make a motion. I move that a favorable recommendation be forwarded to the County Council on the amendment to Section 25-2-45, Chapter 25, Hawaii County Code, 1983. WATANABE: Thank you. Do I have a second? WOODWARD: I would second, and with a comment that it's ironic that we're talking about nonsignificant things here because we talk about a lot of nonsignificant things. So I'm very much in favor of letting the Director have complete control over all nonsignificant things. WATANABE: Thank you. So it has been moved and seconded to send a favorable recommendation to the County Council. Is there any further discussion? Okay, Mr. Darrow. DARROW: Thank you, Mr. Chairman. The motion before us is to send a favorable recommendation to the Council. With that I'll take the roll. Commissioner Rho? RHO: Aye. DARROW: Commissioner Woodward? WOODWARD: Aye. DARROW: Commissioner Alameda? ALAMEDA: Aye. DARROW: Commissioner Bowman? BOWMAN: Aye. DARROW: Commissioner Iwashita? IWASHITA: Yes. DARROW: Commissioner Ogata? OGATA: Aye. DARROW: And Mr. Chairman? WATANABE: Aye. DARROW: The motion passes seven to zero. WATANABE: Thank you. 3 . The discussion ended at 9:16 a.m. Respectfully submitted, /s/ Sharon M. Nomura Sharon M. Nomura, Secretary 4