PD RECOMMENDATION REPORT (PL-REZ-2022-014_Amend REZ-07-075)

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the time extension would simply provide the applicant additional time to secure an alternative funding source and develop the project. Thus,the time extension request is not contrary to the original reasons. The Planning Director believes that the applicant's request to amend Condition K to allow the required drainage improvements to be secured by a bond or other acceptable form of surety instead of being constructed prior to Final Subdivision Approval (FSA) is reasonable for the following reasons: 1)This is the only infrastructure improvement required to be constructed prior to FSA. For example, Condition H expressly permits roadway improvements to be bonded before FSA; 2)the Subdivision Code explicitly provides for a process by which a landowner can enter into agreement with the County for the construction of required subdivision improvements and utilities in lieu of the completion of its construction prior to FSA (Section 23-82. Agreement to provide improvements and utilities. and Section 23-83. Bond.). The applicant plans to use this process to bond other roadway and water infrastructure for the project pursuant to approved infrastructure construction plans and feels that drainage improvements are an integral part of the required roadway infrastructure; 3)based on a review of the record, staff was unable to determine a reason that the drainage improvements specifically needed to be completed prior to FSA. While the comment memo from the Department of Public Works-Engineering Division (DPW)requested a drainage study be prepared and submitted to DPW for approval and that recommended drainage improvements need to be constructed,the memo did not specifically require a timing trigger(e.g.,prior to FSA), however,the proposed conditions of approval from the Planning Director at the time did include that timing trigger; and 4) according to the applicant, the ability to bond all of the infrastructure improvements will assist with securing the needed funding to complete the infrastructure improvements for the project. For the preceding reasons, the Planning Director supports the requested amendment to Condition K. In view of the Hawaii State Supreme Court's "PASH" and"Ka Pa`akai O Ka`Aina" decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed. These rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. -7-