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FUKE: Yeah, Mr. Chair, so the idea was to at least make sure that the project gets started, you
<br /> know, within, you know, a certain window and like a window also for completion. And Mr.
<br /> Plunkett indicated that would be fine as long as there is an opportunity for administrative time
<br /> extension, so I have drafted a language and I can initially forward it to the staff, if my computer
<br /> works; but basically, it would be something along these lines, "Provided that there are timely
<br /> agency review and approval of the required plans, construction shell commence within five years
<br /> of the effective date of the permit, which is the SMA permit, and completion of 50 percent of the
<br /> units within 15 years of start of instruction. An initial extension of time for the performance
<br /> conditions within this permit may be granted by the planning director under the following
<br /> circumstances," and, you know, like three or four,they are like a standard language that the
<br /> Commission is familiar with. So, you know, that would be acceptable, with the understanding
<br /> that this construction window would apply to the Project District area only and not to the area
<br /> that Hilton Grand Vacation has already been entitled to.
<br /> I think I'd like to also kind of point out that, you know, in the existing language there always is a
<br /> requirement for the applicant to submit an annual report to the planning director, so that will give
<br /> not only the department but also that the Commission an opportunity to see how far they
<br /> progressed or not progressed.
<br /> VITOUSEK: Yep. Yeah, that makes sense to me. The last thing that I would ask is that we
<br /> include language indicating, as a condition, basically indicating that—so the possible language I
<br /> have is, "If applicant requests a change in the proposed development, including but not limited to
<br /> an extension of time periods or other conditions required permit approval, the Commission or the
<br /> director shall consider the extent to which the proposed action has changed in size, scope,
<br /> intensity, use, location, timing, among other things and/or whether there have been changes in
<br /> the environment or community where the project is located such that the impact of the project
<br /> would substantially differ from the potential impact at the time the permit was initially approved.
<br /> If there has been change in any of these characteristics, which may have a significant effect, the
<br /> Commission will assess whether or not to grant an extension, impose different or additional
<br /> conditions, or rescinded approval of the permit." Basically, the language being that if in, let's
<br /> call it, 10 years from now we are requesting an extension of time to complete the requirements,
<br /> at that time the Planning Commission will have to review the impact of the project on the, or the
<br /> Planning Commission or Director, will have to review the impact of the project on the
<br /> environment at that time, which may have changed between now and then.
<br /> FUKE: You know, the initial language that I just kind of read, the planning director is enabled to
<br /> give the initial time extension, but at the 10th year, for example, - - -when it has to go before the
<br /> Commission, what you are adding is language that the Commission would have to be
<br /> considering in conjunction with any subsequent time extension
<br /> VITOUSEK: Yes
<br /> FUKE: —and that will be acceptable, the language
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<br /> EXHIBIT D
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