2020-02-20 Leeward Exh E (SMA 19-074 & SPP 19-210)

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KAY: Yeah, okay, first and foremost,the conditions that we add to permits are done largely based on representations from the applicant, as well as comment letters we receive from agencies that we consult. Those agencies implement other sections of law and code, and so we include those as conditions of approval. In the case of No. 4, and then there is an associated condition in the Special PermitI'm not sure which number that isif you look at Planning Department Exhibit 15, from the Department of Public Works, dated October 18, 2019, from Natalie Whitworth who was a Kona engineer from DPW Engineering, she indicated that, "Although the subject property is located within Flood Zone X as designated by the Flood Insurance Rate Map, Kaumalumalu Tributary Number 3 is located within the property. If any of the current structures that are built above the Kaumalumalu Tributary Number 3 are unpermitted and being as-built, those structures shall comply with the requirements of Chapter 27—Floodplain Management—of the Hawaii County Code and may need to be brought up to current code requirements. Any additional improvements in Kaumalumalu Tributary Number 3 will be subject to the requirements of Chapter 27. A flood study may be required to determine base flood elevations of the Kaumalumalu Tributary Number 3 as directed by the Department of Public Works." We further looked at the applicant's deed, and recorded against the deed is the Kaumalumalu Tributary Number 3 as was surveyed for the, for Subdivision No. 7022. So whereas the FIRM Map shows just a line underneath the dwelling, the extent of the survey property as recorded against their deed is that larger area; hence, "Any new or `as-built' building permits and development/construction activities within the Kaumalumalu Tributary Number 3 as shown on Subdivision Map No. 7022 shall conform to Chapter 27 —Floodplain Management—of the Hawaii County Code." So, again, came from DPW Engineering, the extent of which is recorded against their deed as a reservation, and any building within that will have to meet the requirements of Chapter 27. These are all functions that happen after they are granted their Special Permit, and are added as kind of standard conditions of approval. In terms of the time extension, No. 9,this is our standard administrative time extension condition, lays out the conditions under which an applicant can get a time extension, and the justification that they have to provide. Under Subsection D, it says, "The time extension granted shall be for a period not to exceed the period originally granted for performance," for example, if a condition is to be performed within a year, it may be extended for up to one additional year. That's just an example. In the case of conditions of approval, those are those conditions that have a time component, so for instance, construction needs to be completed within five years; if they are not able to complete construction within five years, they can come and ask for an administrative time extension for up to additional five years. Again, all very standard conditions that we add to most, if not all, of our permits. HALL: So, but none of these have time conditions KAY: Yeah HALL: because I don't see any 17 EXHIBIT E