2021-01-07 Windward Exh E (Discussion permit extension)

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amending the County Code, but it also should say and or Planning Commissions rules obviously because it's going to relate to criteria for amendments and which will be placed in the rules as well. So, our current language for amendments is very general and if you look you have two (2) sections here on the screen. One is for time extensions the top part and the lower part is for additions, modifications, and deletions. Although, they're basically the same in content that you need to identify the affected condition, you need to identify either the length of time you are requesting or the specific amendment and you have to provide the reasons. It doesn't speak at all to criteria for reviewing these. As far as the Planning Department what we've been doing historically is using our administrative time extension condition which is in almost all permits and ordinances that go before the Commission and Council. We basically refer more specifically to Items B and C. That the granting of the extension or the amendment would not be contrary to the General Plan which also includes the Community Development Plans or the Zoning Code. So, when these amendments comes in we take a look and see if the General Plan has been changed. Whether there's been a change to an existing community development plan or whether there's been a new plan created or if there's been a change to the zoning code that would affect this particular project. The other area of criteria that we look at is that the granting of the extension or the amendment would not be contrary to the original reasons for granting the permit or the ordinance. This statement right here basically allows us to go back to the original reasons and criteria for approval and re-review the permit in relation to how we approved it originally. If nothings, changed then it should be good, and it would get a favorable recommendation or an approval recommendation to go forward. In discussion with the Commissioners on the Leeward Planning Commission they wanted to use the language that is in the 106 Review as well as the Hawaii Administrative Rules (HAR) Environmental Review language in the Hawaii Administrative Rules. What it says is the passage of time, changing perceptions of significance, or incomplete prior evaluations may require the agency official to reevaluate properties previously determined as eligible or ineligible. Again, this in relation to Section 106 Review but they're trying to use this similar type of language to bring it into an amendment review that has not come to fruition within that particular time granted originally. If I go to the next slide it talks about more specifically under the environmental review what those changes are and so it says that an EIS is accepted with respect to a particular action is usually qualified by the size, scope, location, intensity, use, and timing of the action, among other things. An EIS is accepted with respect to a particular action shall satisfy the requirements of this chapter and no supplemental EIS for the proposed action shall be required, to the extent that the action has not changed substantively in size, scope, intensity, use, location, timing, or among other things. So, that's kind of the focus here that if this project has changed substantially in these particular areas of size, scope, intensity, use, location, timing, among other things then they wanted to have the ability to require additional review for an amendment or a project that's coming back before the Commission that may actually be changing as well. This may include asking for updated reports like a traffic report or an archaeological report or whatever report the Commission may feel is necessary or needed for them to make their decision. 2 EXHIBIT E