2012-09-20 Leeward Exh A - DeFranco Paleaku

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generate a higher level of noise than what residential areas typically experience. As witnessed by State Department of Health standards for noise, that’s higher than residential areas. But be that as it may, and not to minimize the concerns that were expressed, we do have a canned condition that we’ve used in the past. And thanks to technology, I was able to get a hold of it. But if you are interested, I could read it out to you. And if you feel that it addresses the concerns, it’s something that the Commission may wish to consider to include in this permit, should you be inclined to support it. GIFFIN: Thank you. Could you share it? ARAI: Sure. The condition would read as follows: “If the applicant fails to comply with the conditions of approval or is unable to resolve any public complaints, the Planning Director shall investigate, and if necessary, enforce the appropriate conditions. The Planning Director may, as part of any enforcement action, refer the matter to the Planning Commission for review. Upon appropriate findings by the Planning Commission that the applicant has failed to comply with the conditions of approval or has caused unreasonable adverse impact on surrounding properties, the permit may be suspended or revoked.” The language, I think, kind of captures and provides some assurance that should the uses create a hardship on, unreasonable hardship on neighbors, or impacts, we could bring it back before you for reconsideration. GIFFIN: Commissioners, how do you feel about that? I’d like some response. Brandi. BEAUDET: I’m supportive of the addition of the language. GIFFIN: Commissioner Nelson. NELSON: Likewise. GIFFIN: Commissioner Hickcox. HICKCOX: I have no objection to that. GIFFIN: Thank you. Maybe something from our corp. counsel? Your opinion. TORIGOE: Well, the Planning Department, or the Director, in any case has the authority, if there are new or, you know, other impacts, adverse impacts that could not have been reasonably foreseen, to bring a matter back for an amendment, or initiate that kind of action. So this is consistent with that. So, and I understand it’s something that the Planning Department has used in the past, so I wouldn’t have any problem with the Commission considering this at this point. GIFFIN: Thank you. Planning Director? LEITHEAD TODD: If the Commission feels that this will help, alleviate some of the concerns, then you are, you know, it’s obviously up to the Commission, if you want to add that in. GIFFIN: Okay, thank you. ARAI: Madam Chairwoman? Sorry -. 9 EXHIBIT A