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obligation we have to the federal court system. So, you know, if we want to push it back for, for
<br /> any reason other than that, it's just something we have to take to the federal court and we just
<br /> stay in non-compliance with 1990 ADA requirements that much longer.
<br /> VITOUSEK: Do you have an overall master plan for the area that will guide these
<br /> improvements so it's not coming off as a one-off?
<br /> KOMATA: So, okay, I'm sorry, we have, sorry. For the La`aloa Beach Park project, the
<br /> proposed project, we do have an SMA Use Permit application. It's a minor permit, SMM 99.
<br /> SAA-20-001775. We were notified of that January 21, 2021, by the Planning Department.
<br /> VITOUSEK: Okay, and do we know if we're in compliance with the conditions of that permit?
<br /> KOMATA: Well we haven't implemented the project yet.
<br /> VITOUSEK: Okay, so probably not. Again, I just feel, the last question repeated again, is there
<br /> a overall master plan for this park that we are working towards, and does this fit within that
<br /> master plan?
<br /> KOMATA: Which Park are you asking about?
<br /> VITOUSEK: I'm talking about the collection of the three parks. The Magic Sands Beach Park,
<br /> La`aloa Beach Park, and Kipapa Park, which function, in my opinion, collectively.
<br /> KOMATA: There's, there's no master plan that covers all three Parks. The project that's
<br /> pending for the La`aloa Beach Park sites and the project that's currently in front of you for the
<br /> Magic Sands Beach Park site can be worked on together, more or less, we have the same
<br /> consultant team, same project manager, and myself working on both. So, we are working in
<br /> tandem for both makai parks, park sites. The Kipapa Park site, again, that's just kind of a, that's
<br /> not an official name for the site. It, it's PONC land that is utilized to some degree for parking.
<br /> That's, that's all it is at this point in time.
<br /> VITOUSEK: Okay. With that, I'd like to entertain a motion from the Commissioners to either
<br /> accept the SMA, deny the SMA, or to defer the application. And then after we have a motion and
<br /> a second, we can have a discussion. Commissioner Van Pernis.
<br /> VAN PERNIS: I'll move to approve the application.
<br /> VITOUSEK: Motion by Commissioner Van Pernis. [Ms. DeFranco raises hand.] Second by
<br /> Commissioner DeFranco. Okay, discussion? Commissioner DeFranco.
<br /> DEFRANCO: Yeah, I, I'm sort of frustrated by the piecemeal of that park. It's one of the few
<br /> beaches that we have in Kona that the public goes to. I'm totally into redoing the bathrooms. I
<br /> think that's good; I think it's good that it's going to be a smaller thing, it's good that you're
<br /> planting the trees. It's been a shame to watch this whole parking structure go in and not, not be in
<br /> compliance with the burial treatment, is that what I'm hearing? And I, and so, you put all the
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