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CLARKSON: I'm still concerned about the access for the existing residents. I haven't—you <br />know, I hate to make the permit conditional on that being resolved because otherwise that gives <br />the, the owner of the resident [sic], you know, veto power over the entire project. On the other <br />hand, the proposals for modifying the intersection basically make their existing access unusable. <br />I don't know how that's gonna be resolved, but I think it should be resolved somehow before the <br />project gets too far along. <br />HENKEL: Thank you. You know, I'm under the impression that for the facility, they're not <br />going to open it until they have that alternative access, but I do share your concerns about the, <br />the residents being blocked during the construction time. Mr. Yeh? <br />YEH: Yeah, Commissioner Clarkson, one of the revised conditions that Planning did suggest in <br />that handout was to add this new Condition 6 which provides that prior to issuance of certificate <br />of occupancy for the assisted living facility, the Applicant shall provide an alternative access for <br />emergency access to the facility when the primary access driveway is not accessible. Yeah, so <br />that should take care of that issue which is really appropriate that you raised that. <br />Right, and then there's actually an alternate access which they can also deal with which is to the <br />south of the property. But, with respect to the driveway easement itself, that will remain a <br />legally accessible driveway. I mean, that's something that we can't mess with because it is <br />something that they have an entitlement to in terms of the easement for their, for the existing <br />easement. It's not there right now, but they will have that entitlement, and as staff indicated, <br />Public Works will need to accommodate that in some form or fashion. And, they will always be <br />able to use, if they want to, the access that we have off of Kahaopea, so we think that, that issue <br />is resolvable one way or another without holding us hostage to something that you're talking <br />about. <br />HENKEL: Thank you. Does that answer some of your concerns? <br />CLARKSON: Well, I apologize for not reading the yellow paper before I brought up that issue. <br />Is it—going back to the residential access, is it possible that the commercial area could be moved <br />slightly east so that the existing, though now legal, could be made into a legal access, and they <br />could just continue to use what they're using now? <br />DEWALD: A couple—two, two points on that one is that we can look to see if we can <br />accommodate that in terms of, the reason is those places, the issue is that right at the corner, we <br />could put a little loop in to get them, bring them further down. So, it would have to be approved <br />by the Department of Public Works. We would have to grant them additional easement area on <br />that area. We can look at that. <br />A third alternative we offer them also is to the south, there's a small portion of the property <br />that's part of the project. If you can put the site plan up. If you see to the south, that little strip, <br />there's a, the dead end of that street there is also a potential access option that we have explored <br />that we could make available to them. <br />EXHIBIT B <br />9 <br />