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it's the condition that's expired or not been met, not the permit that has expired then the
<br /> practice has been for the applicant to come in and request a time extension. The only alternative
<br /> to that would be to do something similar to what the Commission did for the project on Alii
<br /> Drive called Diamond Resorts where they put in deadlines, specific timelines, that need to be
<br /> met, and if those aren't met, then there is language in the permit that says this permit will be null
<br /> and void. Right now we don't have any of that language in our rules that says if you don't meet
<br /> the timeline, the permit is automatically null and void. So it requires some additional action by
<br /> the Commission in order for that permit to become void.
<br /> VITOUSEK: So it's because the condition hasn't been met, that conditions expired, not the
<br /> overall permit?
<br /> JACKSON: Correct, the permit is still, it's, it's still a valid permit, the condition of the permit
<br /> has been met, and the permit is still valid until an action is taken to void the permit or revoke the
<br /> permit.
<br /> VITOUSEK: Director Kern.
<br /> KERN: I just wanted to add on, as I mentioned earlier, we still do a full analysis of it, you know,
<br /> top to bottom. So I feel whether it was, you know, expired all the way or just a condition, time
<br /> extension for the condition, we are at the same place. I feel like there is a perception that
<br /> because we are doing a time extension, there is really no analysis done, it's just, I'll just give
<br /> them more time. And that's not the case; like we do go through the whole process, and if
<br /> something has changed, we change it. Obviously, you can hear me, right? So, okay, awesome.
<br /> VITOUSEK: Yeah, we can hear you, yeah.
<br /> FUKE: If I can add to that, I think that, you know, Mr. Chairman, and that's why if you look at
<br /> the application, it included a traffic assessment, you know, whereas normally like in just a
<br /> standard time extension, it wouldn't. And I think also as like the staff kind of pointed out, you
<br /> have provisions in the Code, the Zoning Code, which expressly states that if you don't exercise
<br /> the permit, then it's not voidable; it's automatically voided. For example, like Plan Approval, it
<br /> specifically states that if you don't exercise the Plan Approval, it's void. Now, in the SMA
<br /> condition, I'm just kind of reading it right now, you have Condition number seven-the new
<br /> Condition number 17, and which was the existing one, it says that"Should any of the conditions
<br /> not be met or substantially complied with in a timely fashion, the Planning Director may initiate
<br /> procedures to revoke the permit." So if, there is a discretion given to the Planning Director, as
<br /> far as whether he or she is going to initiate a revocation process, and if he initiates the revocation
<br /> process, it still has to, you know, out of, you know, out of an abundance of caution, you know,
<br /> for due process, it still has to be vetted and going to the Planning Commission, you know, for
<br /> action. So if you want to change this to become like automatically void, then, then I guess that's
<br /> your Commission's prerogative, you know, but the language would have to expressly state that.
<br /> VITOUSEK: Okay, thank you. My next question is in regards to the, I guess it would be the
<br /> Hawaii Two2 property located makai of the Hawaii Onel property. So the access to the
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