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development of the SMA is our responsibility. So I think that this is an opportunity to put in <br /> some kind of language that says that the Leeward Planning Commission has the opportunity to <br /> review compliance with the SMA itself, and determine whether the, you know, the changes that <br /> are being proposed are consistent with the original approval. <br /> CARR SMITH: At what point would we do that? <br /> VITOUSEK: When would that be triggered? I think we could potentially put that in for the <br /> completion of the proposed extension period. <br /> CARR SMITH: Christian? <br /> KAY: Just, if I may, really when you're talking about compliance with the SMA, you're talking <br /> about compliance with stated conditions of approval, and those stated conditions of approval <br /> really tie back to the Change of Zone, which is under your purview as a recommending body. I <br /> might have to defer to Corporation Counsel to see. But also, what's on the agenda today is a <br /> time extension for the Change of Zone, and we haven't agendized the associated SMA. So I'm <br /> not sure that we can really get into amending language in the SMA necessarily. <br /> VITOUSEK: Right, it would be a, what I'm proposing would be a change in the condition of the <br /> Change of Zone. <br /> KAY: Okay. <br /> VITOUSEK: That would allow for the Leeward Planning Commission to review the status of <br /> the SMA after the completion of the next time extension period. <br /> KAY: If I may, and then maybe, actually, I'll defer to Jeff on this. He's got some more <br /> experience with these types of things. <br /> DARROW: I don't know if I have any experience on this, but this is one of those unique <br /> situations that the, previously, they tied the SMA conditions into the Change of Zone. That was <br /> our first question when we were reviewing this; what are the conditions in the SMA, and do they <br /> need to be amended? There was only three conditions, and basically it was tying it back into the <br /> Change of Zone. The Change of Zone does have a requirement to submit an annual progress <br /> report that they're required to let us know the status of conditions every year. What we can do is <br /> put in language in the APR condition that be forwarded to the Leeward Planning Commission for <br /> a review. That would, at least at that point the Commission can keep on track and aware of <br /> what's going on with that. <br /> CARR SMITH: Sorry, what is APR? <br /> DARROW: I'm sorry, Annual Progress Report. <br /> CARR SMITH: Oh, yeah, yeah, okay. <br /> 14 <br /> EXHIBIT B <br />