2020-09-21 Leeward Exh A (SPP 20-000218)

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JACKSON: Chair Carr Smith, we also do have the Planning Department attorney, John Mukai. I believe, he's available, if Commissioner Van Pernis would like to ask those questions directly to him. MUKAL Well, it's the Planning Department's position that they are following the Planning Rules, and under the Planning Rules only the owner's consent is needed; the other owners' consent is not required for the, for the Planning Department to process the application. There is a rule for what needs to be in the Special Permit application, and it doesn't mention the other CPR owners' consent. And, finally we'd like to point out that the Planning Department is not the arbiter of the CC&Rs with regards to this CPR development. VAN PERNIS: But doesn't it have to consider the CPR whether it allows this activity? MUKAL Again, as Ms. Jackson pointed out, each owner can develop and apply for the Special Permit. CARR SMITH: Very good, thank you VAN PERNIS: And - - - CARR - -CARR SMITH: —any other commissioners that have questions? Where did Mike go? Did we lose Mr. Vitousek? I'm not seeing him. Why can't I see him? Go ahead, Max. NEWBERG: I just wanted to ask, with the permit, and I believe it's a 3,500-square foot facility being proposed to be built, would that be on the existing cesspool, or is there going to be a septic system installed in regards to that? - - - JACKSON: - -JACKSON: The applicantoh, I'm sorry the applicant is proposing a new wastewater system. It would likely be a septic system. NEWBERG: Okay, thank you. CARR SMITH: Thank you. Hold on, Mr. Van Pernis, for just a moment. There is Mike, okay, thank you. Can I please ask Naomi Melamed to leave the meeting and come back? I believe you are for Agenda Item number 2, which could be a while. So if you could please leave the meeting and watch it on YouTube, and you'll know when we are getting close. We'll have breaks in between. Naomi, can you please do that? Thank you. I'm not sure who is on the phone at this other phone number, but we really only need our necessary people on the line right now. There is a phone number that ends in "46"; if you could also please leave and watch YouTube, and you'll be informed when it's your time to testify, if you are a testifier. All right, let's get back to Commissioners with questions for staff. Mr. Van Pernis. VAN PERNIS: There are many questions. First, Ms. Jackson, do you know whether the proposed improvements are on the condominium owned by the applicants, or the limited common elements, or the common elements owned by everyone up there? 9 EXHIBIT A