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COM 0898.012 2020-2022
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COM 0898.012 2020-2022
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Last modified
2/1/2023 9:35:07 AM
Creation date
12/15/2022 1:08:55 PM
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Communications
Communications - Type
COM
Communications - Council Term
2020-2022
Communication
0898
Point
012
Author
Zendo Kern, Planning Director
Communications - Referred To
PCPLUD
Document Relationships
AGE PCPLUD 2023/01/05 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
AGE PCPLUD 2023/01/24 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
AGE PCPLUD 2023/02/07 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
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gone through. Sometimes it's annoying, I would say, when we get applicants come through for <br /> another five years, but they are coming through the process, and it's at that time that the <br /> Commission and the Council can recommend changes or removal of conditions; we have a <br /> process. If the Director grants the extension, there's no way, we don't amend conditions in the <br /> rezone ordinance; it happens offline between the Department and the applicant, and where is the <br /> transparency in that? And this, again, is no attack on the current Planning Department because <br /> this has just been practice for four decades. <br /> VIOTUSEK: Vice Chair DeFranco? <br /> DEFRANCO: I'm just wondering. It isn't like—when they ask for an extension, doesn't the <br /> Planning Director have a criteria that has to be met before he grants the extension? Isn't there a <br /> process that's already in place? <br /> VITOUSEK: Perhaps— <br /> DEFRANCO: And ask those questions? <br /> VITOUSEK: Perhaps Deputy Director Darrow could answer the question— <br /> DEFRANCO: Maybe, maybe you can speak to that. <br /> VITOUSEK: —on the Department's procedures. <br /> DARROW: Sure. As mentioned, this practice has been in place for a number of decades. The <br /> authority granted to the Planning Director is given from the Council to make this administrative <br /> time extension decision. The decision for the Director has to meet certain criteria, which is listed <br /> in the condition. I, the Director does not have the ability to amend any conditions on his own; the <br /> only thing he is allowed to do is the authority given to him through the Council in the ordinance, <br /> which is to look at if the applicant has met these criteria and to grant him a time extension no more <br /> than the original time granted. So,that means there is flexibility. In the past I've seen cases <br /> where certain Planning Directors only grant one year, and they say I will grant you one year, I <br /> want to see if you do any changes to your project, then they will come back in if they did, and he <br /> will grant the additional time. There have been times where somebody comes in and their project <br /> is completely changing, and we'll say we are not going to grant an administrative time extension, <br /> you need to go back to Commission and Council because your project has completely changed. <br /> And so,the way that we look at this isn't so much the, that we have this power that we can grant <br /> this additional time; it's, we look at it as a check-and-balance that this is, you know, yes,the time <br /> frame originally granted was five years, but there was a condition granted looking at this project at <br /> a 10-year time frame or the possibility of 10 years if they met these criteria. <br /> So, we take that very seriously. There's a number of—in fact, we were just looking at an <br /> application, or a time extension letter and an administrative time extension letter that was granted <br /> to an applicant, and we looked at it, we addressed each criteria, and we had said please be aware of <br /> this condition that since this time has passed, your fair share is going to increase through the HCPI <br /> the Honolulu Price Consumer [sic] Index. So, we take, again, we take that seriously. <br /> 11 <br /> EXHIBIT G(DRAFT) <br />
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