PD BACKGROUND REPORT (PL-REZ-2022-021)

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Law Offices of Yeh & Kim Dean Au, Windward Planning Commission Chair March 15, 2022 Page 4 Related Use Permit Approval and Conditions On January 5, 2017, the Windward Planning Commission ("WPC") voted to approve Applicant's request for the Use Permit to allow the establishment of a 120-bed Assisted Living Facility (ALF) and related uses, including a small two-story commercial center, on the Property (hereinafter, the "Project"). Approval of the Use Permit was subject to Condition No. 5, as relevant to the instant time extension request, as follows (in pertinent part): 5. Construction of the proposed development shall be completed within five (5) years from the effective date of this permit [which is the effective date of the Ordinance]. Prior to the commencement of construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai'i County Code . . . Related to Condition No. 5, and a requirement for its fulfillment, is Condition No. 4, which states as follows: 4. Prior to submitting plans for Plan Approval review, the applicant shall secure Final Subdivision/Consolidation Approval to consolidate and/or re-subdivide tax map key numbers 2-2-044:032, 035 and 037 in a manner such that the land to be used for the assisted living facility and related improvements shall be located on a lot of appropriate size and location to accommodate the facility, related improvements and required building setbacks. Additional requirements of the Use Permit, as relevant to the instant request, include: • Providing an alternative emergency access to the facility when the primary access driveway is not accessible (Condition 6); • Obtaining a Conditional Letter of Map Revision from FEMA (CLOMR) prior to the issuance of Final Plan Approval and a FEMA Letter of Map Revision (LOMR) prior to the issuance of a Certificate of Occupancy, if required by the Department of Public Works ("DPW") (Condition 7); and • Installing a private wastewater treatment plant meeting with DOH requirements prior to receipt of a Certificate of Occupancy (Condition 8). Activities Completed Per the Conditions of Use Permit and Ordinance. In furtherance of the Project and in conformity with the Conditions of the Use Permit and the Ordinance, Applicant has competed and/or engaged in the following activities: