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And the August 3rd letter I submitted, I hand-delivered the applicants' position and proposed <br /> recommendation and, with conditions, and that pretty much like summarize our position. And I'll <br /> kind of like just highlight what I noted in that. And first of all was that the time extension is <br /> consistent with the General Plan and the Community Development Plan. This is kind of like, you <br /> know, beating a dead horse; we know that the, when the Council considered the General Plan and <br /> the Planning Director considered the CDP and the General Plan on extensions, everybody else <br /> concluded it was consistent. The plans haven't changed. And yet today we have the current <br /> planning director to say, hmm, stop, it's not consistent. So it kind of like boggles our mind in terms <br /> of why now, and, where we have documents that have not changed, but now you can take a position <br /> contrary. We've also, I also kind of pointed out in that brief letter that this project provides much <br /> needed infrastructure in terms of having a new mauka-makai road, and also provides much needed <br /> affordable housing - - - more detail, and not to say provides much needed construction, as well as <br /> post-construction employment. And I think that we are at the stage, you know, when you deal with <br /> the COVID pandemic, I kind of implore in the decision-making like this to kind of like look at the <br /> consequences of your decision relative to the message, which you communicate to the broader <br /> development community. <br /> We also heard at the last two Commission meetings, the Commissioners had expressed concern <br /> about the need for affordable housing. As a result, in the August 3rd letter, what I kind of wanted to <br /> point out- - - affordable housing. In the beginning what the developer wanted to do was to delete all <br /> references to affordable housing obligation that, obligations that were committed to back in 2005. <br /> And one of the reasons why was we were saying that just, you know, there is now an affordable <br /> housing code which was not present back then. So why don't you have that code be the guiding <br /> force? And that was, you know,predominant position on the part of the applicant. However, what <br /> was represented then obviously is substantially more than what the code, if you, if the code were <br /> strictly applied, what the code would require. The code currently, housing code currently requires <br /> 20 percent of the units to be, you know, you need to generate 20 percent affordable housing credit <br /> for your total density. Now, that affordable housing credits can be generated in one of three ways: <br /> One, it can be on site; two, it can be off site; and, three, if you have credits, you can purchase those <br /> credits and use those credits. Now, on this particular property, Mr. Cook already has 40 affordable <br /> housing credits that's - - - for this property. He has chosen, and the conditions have also clearly <br /> indicated that, number one, you cannot use those credits; number two, you cannot go off site; <br /> number three, you are back to square one, you have to development all of your housing, you have to <br /> satisfy all of your housing obligation on site. Now, relative to that, in the beginning on the Suffolk, <br /> as I think, you know, the staff had mentioned, the existing conditions call for at least—the project is <br /> going to be rental housing on Suffolk, it's clear, it's going to be rental housing you've got to rent it <br /> for 20 years, and of these units at least 20 percent of those units would have to be targeted at <br /> 80 percent of AMI, the balance would be whatever the housing - - -. On the Puaa property, the <br /> original request was to say, okay, let's not talk about any housing obligation over there, but the <br /> existing condition already called for having a minimum of 50 housing units on the Puaa site, which <br /> is a commercial site; we are saying, fine, restore that, you know. The Commissioners have raised <br /> concern about the need for affordable housing in this particular area. They've responded, like <br /> coming back and saying, look, we'll do it, we will not, we will not seek any relief from whatever <br /> was represented - - -. <br /> 19 <br /> EXHIBIT C <br />