2020-12-17 Leeward Exh B (AMEND SMA 388)

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CARR SMITH: Mark, Mark, Mark, let's not get confused. You had a question; let's have them respond, okay? VAN PERNIS: Okay. CARR SMITH: Thank you. Kim or Evan, please. YOSHIMOTO: Yes, I can respond. Thank you, Chair, and thank you, Commissioner, for your question. I know you were having some sound issues, so earlier I said, and you are correct, it shouldn't, the letter shouldn't have said consider; there is a commitment, and Sidney offered an actual condition that would require us to do that within a period of time. So with regard to "immediately,"there needs to be some planning put into it, and, you know, a full plan created. But we are committed to, to the condition that Sidney put forth within the time frame that is specified. VAN PERNIS: What time frame? YOSHIMOTO: I'll let Sidney - - - FUKE: Sure. I have a proposed language, and it probably, you know, it can be modified or adjusted as the Commission or the staff might, might deem appropriate. But it would read something along these lines: "The applicant shall provide a site maintenance program to the Planning Department within 90 days of the effective date of this third amendment to address the site's maintenance and security, which shall include an implementation timetable and contact information of the responsible person or company. This program shall be in force until physical construction of the project commences." VAN PERNIS: So there is no immediate dealing with the problem; it's at least 90 days-plus away. FUKE: Well, I think, as Ms. Yoshimoto had indicated, the applicant has already retained the services of a maintenance company, you know, to address that issue, so, that's kind of like ongoing, but that may not necessarily be a comprehensive program as maybe envisioned by either the Commission or the Planning Department. And so the idea is to submit the program and have it vetted and essentially approved by the county so that there would then be subsequently or moving forward a basis for the enforcement. VAN PERNIS: So the security of the site is up to the Planning Department rather than the owner themselves? YOSHIMOTO: The plan is going to be presented to the Planning Department. Your question is what's happening right now. As, you know, commission- one of the commissioners brought up earlier, there was some breaks in the fence, that's trespass onto the property, we were aware of that, there was fencing around the entire property. So these are people trespassing. And there are actions being taken right now to close the fence and to deal with trash and graffiti. So, but, it's not part of a comprehensive plan. What we are offering is a comprehensive plan submitted 10 EXHIBIT B