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AU: Raising his hand, Mr. Chair, I have a point of order. Can we talk to applicant first and <br /> we're kind of going into discussion — <br /> AGUINALDO: Oh, okay. <br /> AU: Let's talk to the applicant first and from there we can see where they're at to address your <br /> question is that— <br /> AGUINALDO: I agree. <br /> AU: — okay Mr. Chair. <br /> AGUINALDO: Yes, sir. Thank you, I yield at this time. Any other questions for staff? <br /> REPLOGLE: Commissioner Replogle has remotely joined the meeting. <br /> AGUINALDO: If there's no other question for staff at this time then we may proceed with the <br /> applicant's presentation. <br /> CLARKSON: Raising his hand. I do have one more question. <br /> AGUINALDO: Oh, go ahead Commissioner Clarkson. <br /> CLARKSON: This situation kind of reminds me of an application we had some time ago I think <br /> it was a bank and there was going to be a drive-through teller and we put a condition for a sound <br /> attenuating concrete or rock wall between the drive-through area and the adjacent residents. I <br /> forget what the height was will we have to make that if this SMA permit is approved will we <br /> have to make those kinds of conditions prior to that approval or can that be negotiated between <br /> the, will we get another chance to review whatever the final plan is before that's approved maybe <br /> this is for Malia rather than staff. <br /> JACKSON: Commissioner Clarkson if I could answer that question. So, this a little bit different <br /> than the Bank of Hawaii application that you reviewed. The Bank of Hawaii application was a <br /> Change of Zone requests and it was not in the SMA. This property is located in the SMA which <br /> is the only reason that they are coming in for an SMA permit. The SMA is like an overlay zone <br /> and the criteria for granting an SMA permit is focused on the projects impacts to coastal <br /> resources. A criteria of the SMA is not whether the project will generate traffic that's more of a <br /> zoning consideration but this property already has its resort zoning so any condition that the <br /> Commission would want to place on this application or permit would need to address impacts <br /> related to the coastal zone area. For example, if the Commission felt like the traffic would <br /> impede evacuation during a tsunami that's a direct nexus or connection to impacts in the SMA <br /> but aside from that SMA permits do not have a criteria that addresses traffic. Does that answer <br /> your question Commissioner Clarkson? <br /> CLARKSON: Well yes and no. The Commission certainly by your definition this exceeded its <br /> authority with Pi`ilani Partners. I mean you're telling me that we vote up or down based on this <br /> 8 <br /> EXHIBIT B <br />