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KAY: Yeah.
<br /> FUKE: I don't have the SMA permit with me, but if memory serves me correctly, I think that it
<br /> just said that it has to, it had to comply with all of the conditions of the Change of Zone
<br /> Ordinance. So, in a sense it would be like, you know, two separate activities, I mean, there is
<br /> kind of like an overlap. You're not dealing specifically with the SMA in at this point in time.
<br /> There were conditions that were peculiar to the SMA, and so if there are any deviations from
<br /> that, then obviously that would have to be addressed by the Commission through an amendment.
<br /> CARR SMITH: Max?
<br /> NEWBERG: So looking at Page 3, the background report, 14, it does mention the Special
<br /> Management Area. Although reading through it, the second to the last sentence seems to read,
<br /> "SMA USE Permit No. 09-000[0]34 to allow the development of a mix of 60 single- and
<br /> multi[ple]-family residential units and related improvements." Should the language of that SMA
<br /> mirror the request being amended to the 29 single-family units?
<br /> KAY: Generally, generally, if the, the impact is going to be greater than what's allowed, then
<br /> you would change the SMA. But in this case, because the SMA is approved for 60 units and
<br /> they're downgrading it to 29, I think that we would consider that not necessary for amendment.
<br /> I'm going to read the three conditions of approval of SMA 09-34: First is, "The applicant, its
<br /> successors or assigns shall be responsible for complying with all stated conditions of approval";
<br /> second is, "The effective date of the SMA USE Permit shall be the effective date of
<br /> accompanying Change of Zone 09-98 for this project"; and, "The applicant, its successors or
<br /> assigns shall comply with all the conditions in the accompanying Change of Zone Ordinance."
<br /> So in these cases we really tie the conditions of the SMA to follow the conditions of the Change
<br /> of Zone, unless there's something particular that have to do with protection of certain resources
<br /> in the SMA, if it's not identified in the Change of Zone. So yeah, in this case, there were only
<br /> the three—and speaking about the effective, the start date of the SMA doesn't really give
<br /> specific language about the kind of the end date, should the rezone ordinance lapse.
<br /> NEWBERG: I appreciate the clarity. Thank you.
<br /> VITOUSEK: So then, in essence, we are extending the SMA by extending the zoning ordinance.
<br /> I recognize
<br /> KAY: Yeah, so, it would follow that if you're amending the conditions of the Change of Zone
<br /> Ordinance and the condition of approval, the SMA saying that they'll comply with all conditions
<br /> in the Change of Zone Ordinance, so yes, you'll in essence be extending it.
<br /> VITOUSEK: Okay. So, to me, that is an opportunity for the Leeward Planning Commission to
<br /> stay involved with a project that is kind of going lags and doing different kinds of things where,
<br /> you know, we're starting off at 60 units, going to 29 single-family, and now we're going to
<br /> triplexes. And all these are changes in the project. So right now we're looking at the zoning,
<br /> which is one thing, right? Zoning runs with the land. Zoning is the responsibility of the County
<br /> Council. But the SMA is squarely the authority of the Leeward Planning Commission, and the
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<br /> EXHIBIT B
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