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

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CARR SMITH: Yes. VAN PERNIS: In response to your question, let me say that the developer has done nothing for the public for 23 years, and now asked for another five years. The public walks in front of this project both tourists walking in the town and locals walking out to the beach. And it's a liability issue for the county because there is no safe walkway there. They can't walk on the other side of the road because of the existing walls and lack of setbacks. So this is a small contribution to the public while the developer has done nothing for 23 years. And I think you'd know that, if you didn't live in Hilo or were familiar with Kailua-Kona. And I note that the developer has not produced a single person or entity to testify in favor of this project while there is lots and lots of public testimony universally against it. So my to answer your question, yes, there is a problem there, and that's why condition 4 was included. And I'm just asking for a temporary inexpensive asphalt driveway [sic] that can easily be destroyed once construction starts. And FUKE: Okay, I, Commissioner Van Pernis, I think I have better understanding. I would like to only like suggest that, you know, we are already proposing a condition that the developer submit a site maintenance program to address like the homelessness, the litter, the graffiti, so on and so forth, and if it ties in, like, if the need to get like a good maintenance program, I mean the security and otherwise, if that program calls for like making that interim improvements, then so be it. It's something that has got to be reviewed by the owner and eventually vetted and accepted by the county. CARR SMITH: Thank you, Sid VAN PERNIS: So the answer is, no, you are not willing to commit now. CARR SMITH: That's FUKE: Yeah, I cannot make the commitment on,now, on the other hand if that is like, you know, if the condition that we are proposing about the applicant coming forth with a site maintenance program to address the homelessness, security, so on and so forth, if one of the mitigations that they accepted, or that's required by the county Planning Department in its review of the applicant's site maintenance program calls for like interim improvements, then that is the thing that they have to do. VAN PERNIS: You are asking this Planning Commission for certain things right now, but you are not willing to commit to give the public any benefit right now. Is that right? FUKE: All I'm saying is that, you know, like neither Ms. Yoshimoto nor myself can make that commitment for the owner as far as making that interim sidewalk improvement. We are not saying, however, that that cannot be part and parcel of the eventual site maintenance program that gets reviewed and vetted by the county Planning Department. VAN PERNIS: I'm talking about separate from the maintenance program. So let me ask FUKE: Well, because it's tied in-the maintenance program is tied into security and safety. 22 EXHIBIT B