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issue, and if we do want to protect the view plane of our kupuna who are spending a lot of time <br /> there and are not able to get out and move around so much, so I would love to leave them with <br /> the beautiful view of the coastline, and I think we can do that through a condition. And then the <br /> other would be altering the conditions to indicate that if the current extension is not fulfilled at <br /> any phase of it, if they don't get Plan Approval within the three years, if they don't start <br /> construction within a year, if they don'toh, if they are substantially, if they start construction, <br /> I'd like them to finish but if they don't do those two things, then the permit will be revoked. I <br /> just wanted to know if the applicants would agree with that. Mr. Fuke. <br /> FUKE: Mr. Chair, I was just communicating with the applicant via text, and thanks to the <br /> wonders of technology, I specifically asked them the question whether they would object to any <br /> sunset clause provision as, along the lines of what you had articulated, and the response to that <br /> they said no problem, you know, they'll accept it. Because, you know, understandably, whether <br /> it's they or their partner or whomever, they understand what the constraints are, and they are <br /> ready, willing, and able to develop the project as represented. <br /> VITOUSEK: Yeah, you want to do it, let's do it. In that case, we will need a motion to amend <br /> the motion <br /> DEFRANCO: And the other, and the other provision? <br /> VITOUSEK: Yeah, the other provision, correct, yes. <br /> FUKE: Yeah, the other provision was, you know,just having a consultation, you know, with the <br /> representatives of Life Care Center and try to see what kind of a site plan can be developed over <br /> there. Now, knowing that the planning director has the discretion to move structures around as <br /> part of the Plan Approval process, the concept was to have that kind of discussion with <br /> representatives of Life Care, come up with a scheme, and provide such a report to the planning <br /> director in conjunction with the Plan Approval application. I think that it's kind of hard to <br /> stipulate, quite honestly, it's very difficult at this point in time, unlike what the architect did with <br /> the Kaulana project, you know, to specifically look at the sight plane distances and all that stuff, <br /> it takes some time. But I think that all developer can agree to is like a commitment to have that <br /> consultation and defer and trust your planning director in making adjustments as may be needed <br /> based upon that— <br /> VITOUSEK: <br /> hatVITOUSEK: Well, we are talking about specifically a condition to preserve the view plane of <br /> Life Care. <br /> FUKE: See, it's, like when you say "preserve,"that means, it can be like no structure, you <br /> know <br /> VITOUSEK: No <br /> FUKE: —it's like 10 feet below, and then it's like—it becomes a difficult thing to, to <br /> implement, because, like, you know, the building stretches like mauka-makai, and then at some <br /> point in time you are going to have some obstruction. <br /> 28 <br /> EXHIBIT D <br />