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UNGER: Aye. <br /> ROY: All right, and, Commissioner Vitousek, can you restate your <br /> VITOUSEK: The vote? <br /> ROY: Yes. <br /> VITOUSEK: Kanalua. <br /> ROY: Motion passes with five ayes. <br /> UNGER: Thank you all. Applicant, you'll be notified of the Planning Commission, Leeward <br /> Planning Commission's decision in writing. Thank you all. <br /> We need a motion now to approve the Special Management Area Use Permit application, SMA <br /> 19-000073. <br /> CARR SMITH: I move that the applicant, application for the Special Management Area Permit, <br /> Docket No. 19-000073, be approved based on the Planning Director's recommendation, <br /> including the revised conditions, which shall be adopted. <br /> KEALOHA: I'll second. <br /> UNGER: We have a motion by Commissioner Carr Smith, second by Commissioner Kealoha. <br /> Open for discussion. <br /> VITOUSEK: Just for discussion purposes, I just want to point out that we are the approving <br /> body for Special Management Area Permit; in this case under the definition we are the <br /> permitting agency. And under the historic preservation statutes, it's the permitting agency's <br /> responsibility to conduct the historic preservation review process, giving the State Historic <br /> Preservation Division the opportunity to review and comment. Again, the historic preservation <br /> review process consists of six steps, and we've only done four. So, for us, we haven't completed <br /> our responsibilities to consider the effects on historic properties, without completely completing <br /> the historic preservation review process. As the permitting agency, we are issuing a permit <br /> under the assumption that historic properties, the preservation plans and such will be taken care <br /> of, but we are divorcing ourselves from that process. So, you know, in the standard practice for <br /> the past 30 years may have been one thing, but in 2003 when the Hawaii Administrative Rules, <br /> Chapter 13-284, were created that established the historic preservation review process, that's the <br /> current procedures that should be in place, and whether those are followed or not is up to us as <br /> the permitting agency. <br /> That being said, this project is a terrific looking project on paper. What they are proposing is <br /> very good; it allows for the use of the project in a way that it's consistent with the way the people <br /> would want to use it, you know, to have pedestrian access to walk down, to access to the ocean, <br /> 22 <br /> EXHIBIT B <br />