PD RECOMMENDATION REPORT (PL-SMA-2022-012_Amend SMA-07-024)

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approval for subdivision infrastructure construction plans in 2019. Despite this work, the applicant lost its funding to complete the complete the required infrastructure improvements for the project and could not find an alternative source within a timely manner. Thus, the applicant could not meet the February 9, 2019, deadline to secure Final Subdivision Approval. The applicant is requesting an additional five (5)years to secure the necessary funding and complete construction of the required infrastructure to secure Final Subdivision Approval as required by Condition No. 4. The purpose of Chapter 205A, Hawaii Revised Statutes (HRS), and Special Management Area Rules and Regulations of the County of Hawaii, is to preserve, protect, and where possible, to restore the natural resources of the coastal zone areas. Therefore, special controls on development within an area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options. The original application was reviewed against the guidelines for granting of a Special Management Area Use Permit and was approved by the Planning Commission with conditions. The time extension request was reviewed using the following criteria: A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. B. Granting of the time extension would not be contrary to the General Plan and Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. The subject SMA Use Permit was approved in 2008 to allow the development of a 65-lot single-family residential subdivision and related improvements on the subject property. Since the applicant acquired the property in 2013 and secured a five (5)-year administrative time extension in 2014,they have worked diligently to comply with conditions of approval of both the SMA Use Permit and change of zone ordinance, including securing a Planned Unit Development (PUD)permit -2-