2020-10-15 Leeward Exh F (Amend Zoning Code re Use Permit)

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own admission, it's hard for me to understand exactly what we're replacing and what is better, maybe if we could get a- - -. VITOUSEK: Sure, if I could restate it. The issue that I'm raising is with the automatic approval of permits after 60 days following the public testimony. So, under the proposed regulations, in accordance with the Planning Commission rules, after public testimony's closed, there's 60 days for the Planning Commission to render a decision on that application and if you don't meet those 60 days, then that application is automatically approved. But the question is, if the applicant agrees to deferring, then we get an extension on that 60 days, so that it doesn't automatically approve after the 60 days. CARR SMITH: Go ahead, Jeff. DARROW: So, the actual language of that extension is in 91-13.5. It says that there are a number of factors that could delay the hearing, one of them is a lack of quorum, and that's a result that nobody can see and so at that point they say that that's not a, you cannot automatically approve the permit based on lack of quorum. The other option it gives is unless an extension is agreed upon to by all parties, and so that's where that agreement language comes from. Now, we can place that in as an addition to our language in the bill to make it clear that the automatically extension will not apply as long as a continuance or time extension is agreed upon by all parties. VITOUSEK: I think that would be appropriate, and having that language basically copying the language that's in Planning Commission rules 9(f)(1), where it states, "the applicant may request the commission to defer on the application, majority vote of the total membership of the commission is required, the applicant can request to defer the motion on the application and the event the commission fails to render decision to defer action within a prescribed time limit, the request shall be denied. That's what the language is in the Planning Commission rules, and if we're, if we're adding to the zoning rules to make it in line with the Planning Commission rules, we might as well carry that through as well. DARROW: Just to be clear, you're not requesting that there be an automatic denial? VITOUSEK: No, that's not— DARROW: otDARROW: Okay. VITOUSEK: I'm not, I'm not. I think that deferral just means that we, we're not having an automatic approval. DARROW: Right. So the, the, there are two different sections of law that this applies to, 205A for the Special Management Area has its own requirements in regards to denial, but again, they both apply that if there's an agreement by all parties to extend, then the automatic denial or approval is off the table. 4 EXHIBIT F