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y The Honorable Dr. Holeka Goro Inaba and Members of the County Council County of Hawai'i December 29, 2025 Page 3 The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. The previous applicant was unable to complete the conditions for the change of zone in a timely manner. Since the current applicant acquired the property in March 2025, they have demolished the existing dwelling on the subject property. In order to allow adequate time to complete the conditions of approval, the Director supports the requested 10-year time extension to Condition C, in addition to adding updated standard language regarding tolling for government agency review. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone under Ordinance No. 09-44 have not changed. The current applicant intends to develop the property with a commercial enterprise consistent with the CN-10 zoning district and the Planning Director recommends approval of the request to provide a 10-year time extension to Condition C. Conditions D and E were included in Ordinance No. 09-44 upon the recommendation of the Department of Public Works (DPW), requiring the applicant to construct curb, gutter and sidewalk improvements located within a 5-foot-wide future road widening lot along the property's Manono Street frontage. The applicant's request to amend Condition D and to delete Condition E, thereby removing the applicant's responsibility to construct roadway improvements, is based on their contention that the surrounding area along Manono Street is not currently improved with similar improvements, that they will be non-functional as a sidewalk and potentially create a tripping hazard. DPW initially recommend that the requests to relieve the requirement of roadway improvements be denied given that multiple properties in the area have either already constructed or are in the process of constructing curb, gutter, and sidewalk improvements consistent with their commercial zoning, and that they are a reasonable requirement for the proposed commercial use. However, based on subsequent communication, DPW is open to the applicant's proposal of paying a pro-rata share of the roadway improvements to be constructed by the County as part of their planned, comprehensive Manono Street improvement project. Based on the preceding, the Planning Director recommends including a condition that requires the applicant to provide their pro-rata share for the construction of full improvements to the entire property frontage along Manono Street at such time a program for the installation of curb, gutter and sidewalk improvements along Manono Street is enacted.