2020-12-17 Leeward Exh D (Discussion re permit extension)

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VITOUSEK: Or if there's been a change in any of these characteristics which may have a significant effect, the commission will assess whether or not to grant a time extension, impose different or additional conditions, or rescind approval of the SMA permit. CARR SMITH: Good job. VITOUSEK: Something to think about. CARR SMITH: Yeah. Yup. VITOUSEK: And then I also wanted to add that I think that, you know, the process of revising the regulations and what not can take time, but I think that we can start to include language like that in the conditions of approval of SMA permits, and special permits and the like, where we're putting in there that, you know, when reviewing the time extension we will be reviewing the impact on the passage of time as I just stated. DARROW: If I could ask a favor, Commissioner Vitousek, if you could send that language to me, I'd appreciate it. Thank you. VITOUSEK: Guaranteed. CARR SMITH: Awesome. Thank you both for working on this. Appreciate it. You have something, you want to add something more Jeff? DARROW: I see hands being raised by Commissioner Van Pernis as well as Commissioner Newberg. CARR SMITH: Okay. I can't see them, they're not on my screen. Do you mind dropping down your, your presentation please? Thank you very much. Alright, Mr. Van Pernis, go ahead. VAN PERNIS: Thank you. Can you hear me? CARR SMITH: Yes. VAN PERNIS: This seems so elementary for good planning by the commission and good planning by the Department. Let's use the Diamond Resorts as an example. Here's a project that's 23 years old since its approval and wants another 5 years, so it'd be 28 years from approval, and approval was given on conditions that existed 28 years ago. As you know, I've proposed a traffic study and they have not agreed to it. This project is going to dump hundreds of cars into an area that's already over the last 20 years has become terribly congested. If we had this rule in effect, we could impose that traffic study. Without this rule, we can't. Let me tell you something as an attorney for the last 40 years. Many applicants go before this commission to get approval of their project with the full intention of getting an extension of time because I want to get the conditions narrowed down so they don't change within the next 5, 15, 20 years, and they can then sell the project on the basis that it's already determined. This is a common practice amongst consultants and attorneys. I don't know why we want to throw the population of West 5 EXHIBIT D