2014-04-03HEARINGTRANSCRIPT-PD INITIATED USE 12-034 & AMEND USE 12-034

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offered to you some options for you to consider, so consider those options, and the ones you think is appropriate is the ones you can bring forth for consideration. GONZALES: Could I call the Planning Director and his counsel back up one more time, please? Thank you. Mr. Brilhante, if you could just summarize it up. What, if we approve this amendment, what, I know it’s all right here in front of me, but could you just help us understand what it is we’re approving. BRILHANTE: Again, good morning Chair, or is it, oh almost afternoon. I think I still came in under the deadline. Good morning, Chair. At this time, as it relates to Condition No. 6, the Planning Director’s recommendation is specific to Item No. 4 was to make a determination whether the mango trees were retained on the property along the Luana Gardens Subdivision Lots, again, asking the applicants and our having Planning Department staff conduct an investigation. As it relates to Item No. 8 is to, regarding the vertical construction, I think there’s been sufficient, enough information as well as an admission by the applicant that vertical construction has initiated in violation of Condition No. 8, the prohibition against vertical construction until such time as the Kaūmana Drive intersection was completed. Then, as it related to Condition No. 9, that we wanted to add additional language to the general conditions that says the Planning Commission authorizes the Planning Director to take immediate action to enforce the conditions of the permit within the authority granted in the Zoning Code and Planning Department Rule 9. And also, we would request that this item be, the matter of the violation be remanded back to the Planning Department so that appropriate fines may be imposed pursuant to the Planning Department’s fining protocol as it relates to the position of administrative fines. GONZALES: Any questions? Is that clear to all the Commissioners? MIYASATO: I have a question. On the, that last Condition No. 9, that would set an amendment to the rule here on out, not just for this particular application? BRILHANTE: Unfortunately, due to Sunshine Law constraints, we can’t have that discussion now as to whether or not it can apply to other applications. But I think if we put it in, if you authorize the amendment to Condition 9 as we recommended now, if future violations, specific to this project occurred, then the Planning Department would have the authority to enforce that, the violations—the corrective action as it related to the violations. KANUHA: Mr. Chairman? If I may add to that Commissioner Miyasato, if the Commission sees fit to include this specific language in the, in this application through this amendment that they’re requesting, then to me and to staff, it gives us an indication of a standard condition that we’d be bringing forth to the Commission, a condition in further applications of this type. GONZALES: Thank you. COTTLE: Mr. Chair? GONZALES: Yes, Maija. 19 EXHIBIT F