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existing language as it’s currently written. And basically what it says is that, you know, Wiliwili
<br />Street, for example, shall be reserved, you know, like only for emergency access . What we’re
<br />suggesting here is that if the neighborhood at some point in time determines that there really is a
<br />need for like, you know, to remove the bollards permanently, you know, then this condition, the
<br />proposed language would enable the Planning Director after discussing it with the community to
<br />kind of lift that condition without formally having to go and amend this particular condition.
<br />That’s all we’re saying, just giving the Director or the administration the opportunity to lift it, if
<br />the community so desires that that restriction be lifted.
<br />On Condition U relating to the updated TIAR, again, we did submit a traffic impact analysis
<br />report; and we agree with the staff’s recommendation that, you know, because the development
<br />kind of stretches into “x” number of years that it may not be realistic, so you may need to have
<br />the traffic studies periodically updated so that you know exactly when certain requirements get
<br />triggered. All we’re saying here is that when the updated traffic study is done or when it’s
<br />required, we would want to have it required at the time of plan approval or at the time the
<br />subdivision application for a development is submitted, not when you’re ready to get your
<br />certificate of occupancy permit or when you’re ready to get final subdivision approval, because
<br />that’s kind of too late. You know, we want that requirement to be articulated way up front so
<br />that whatever costs that’s associated with doing the development can all be wrapped up into the
<br />infrastructure cost itself. That’s all Condition U is stating. It’s not stating that, you know,
<br />they’re going to be running away from that, escaping from any responsibility. We just want the
<br />requirements to be articulated much earlier than later.
<br />Condition W, again, it’s pretty much the same thing. All we’re just saying is that, you know, in
<br />terms of not having it applied to a bulk lot subdivision. And, you know, if you noticed like the
<br />last sentence of Condition W it says that the applicant shall maintain the two major floodways
<br />free of debris, obstruction, etc., etc. What we’re saying is that, we’re trying to be more proactive
<br />and try to think from the County’s perspective because, you know, 20 years down the line, you
<br />know, applicant, which is Wailani, may no longer be here and then you’re going to have all these
<br />different entities that’s, you know, a shopping center here, medical facility here, then the
<br />question becomes who then should become responsible for maintaining all of that. So all we’re
<br />saying is that let the applicant provide a program of maintenance of this area and let it be
<br />approved by Public Works, and let that dictate what and when and who should make all these
<br />maintenance responsibilities for the stream beds.
<br />Condition Y relative to the FIRM and FEMA, again, you know, this relates to the bulk lot
<br />subdivision.
<br />Likewise with Condition DD.
<br />Condition HH is purely an editorial changing from be to me, I mean me to be.
<br />And, finally, on Condition K which is kind of a like a substantive proposal, or at least like a
<br />substantive amendment, it relates to the fair share. All we’re stating here is to make clear that
<br />since the developer is absorbing the responsibility of constructing this Ponahawai Street
<br />Extension which has regional benefits, and if they’re going to be providing a park that’s
<br />eventually going to be dedicated to the County, and if the County accepts it, then to please
<br />enable the developer appropriate fair share credit from the roadway and the park and recreational
<br />component, because they are doing things that are not necessarily peculiar to their project but
<br />something that has much more of a regional impact.
<br />WOODWARD: All right.
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<br /> EXHIBIT C
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