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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.
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