2022-04-21 Leeward Exh D (Item 3&4 Hawaii One1 PL-REZ-2021-014&PL-SMA-2022-012)

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roughly proportional, which is what Maija was telling you about. So just by way of an example, if you were doing something that would, you know, and you don't really have approvals that smell exactly like this, but if you were doing something that was going to create an office building, there would be no relationship to a condition relating to a school, so it would be inappropriate to condition an office building approval on, you know, the construction of a school because office buildings don't create the need for more students, right? There might be traffic impacts or density or, you know, all kinds of other things that an office building would create an impact for, but it wouldn't create an impact needing more students. On the other hand if you were doing an approval of a thousand lot subdivision, obviously, that does create a need for, you know, a school because a subdivision like that presumably would create a lot more families, which would create a lot more students, which would create a need for a school. And then, so that's the relationship part; the impact that's created by the actual approval that you are looking at needs to be related to the condition that you are imposing. And then on the proportionality side, again, the subdivision approval if you were doing a four-lot subdivision, it would be inappropriate because it would be, it would not be proportional to ask for the construction of an entire school because presumably four lots doesn't create that much need; a 1,000-lot subdivision by all means, that might make enough students to need a whole new school or at least a large contribution to a school. So, anyway,just wanted to give you by way of background. When you are looking at your conditions, you want to ask yourself: Is the impact created by this approval going to be rationally related to the impact that we are looking at; and is the amount of the thing that we are doing proportional? So,just wanted to offer that up as a background rule for you. VITOUSEK: Thank you. Maija, you have your hand up? JACKSON: Yes, I have that map available, if you would like to see it. VITOUSEK: The sewer map? JACKSON: Yes VITOUSEK: Please. JACKSON: —let me go ahead and share my screen. Can you see this map? This is the subject property where the hand is located. This is Queen Kalama Avenue, Alii Drive, and then Naniloa Street. So there is a sewer line coming down the street to the east, and then it ends right about here in Queen Kalama. So they could extend through here and down into their project or possibly bring this line up through their proposed roadway to the project. VITOUSEK: And where does it end on the south side? JACKSON: Oops, sorry, I'm getting all these alerts. You said where does it end on the south side; it ends right at this point here on Alii Drive. VITOUSEK: Sorry, the other side where there is a gap. Where is the, where is the north side of the gap to the south going down Alii Drive? 14 EXHIBIT D