2021-03-18 Leeward Exh C (Discussion on proposed clause re time extension for permit)

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LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MARCH 18, 2021 A regularly advertised discussion on A CLAUSE TO ALLOW FOR CONSIDERATION OF THE PASSAGE OF TIME AND CHANGE IN CONDITIONS WHEN CONSIDERING TIME EXTENSION FOR PERMIT was called to order at 12:13 p.m. via live-stream online meeting, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Nancy Carr Smith, Barbara DeFranco, Perry Kealoha, Max Newberg, and Mark Van Pernis ABSENT AND EXCUSED: Faith"Faye" Yates ALSO IN ATTENDANCE: Malia Hall, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), April Surprenant(Planning Program Manager, Long Range Division), Maija Jackson (Planning Program Manager), Alex Roy (Planner), Tracie-Lee Camero (Planner), and Noriko Sauer (Leeward Planning Commission Secretary) Discussion of amending the County Code or permit conditions to add a clause to allow for consideration of the passage of time and change in conditions when considering whether a permit should be extended. VITOUSEK: We'll move on to item 2 of Administrative Matters: Discussion on amending the County Code or permit conditions to add a clause to allow for consideration of the passage of time and change in conditions when considering whether a permit should be extended. JACKSON: Yes, Chair Vitousek So Commissioner Van Pernis has suggested some language that could be considered as a condition that the commission adds to its favorable recommendations for rezone to the Council, and we distributed that to all the commissioners. One thing I just want to remind everybody that the commission makes a recommendation to the Council, not a decision, so anything you decide here, you can forward up to them as a suggestion and recommendation, and then we'll see where it goes from there. VITOUSEK: Unless of course we are reviewing a special use permit, a Special Management Area permit, in which case we are the issuing body, so we are the party who issues the conditions. So for a change of zone, yes, we are a recommending body, but we are the ones who are actually issuing SMA permits, so we are the ones that can impart those conditions. And I want to make sure that we all know that we have the authority in those situations to provide language indicating that should circumstances change in the future, we can re-evaluate our issuance of discretionary permit. 1 EXHIBIT C