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<br />ARAI: And, maybe this is a question for the Deputy Corporation Counsel. Could
<br />Commissioner Clarkson’s concerns be addressed by maybe imbedding within a particular permit,
<br />whether it be a Use Permit, Special Permit, a particular provision that says, you know, should an
<br />owner wish to revocate the permit that the Department has the ability to do so?
<br />
<br />HO: I think I’d have to research that a little bit more during break because the Planning
<br />Commission is given the authority. I don’t see why they couldn’t delegate that authority back,
<br />but I think, yeah, I think I would like to just read into it a little bit more. Maybe look at the Code
<br />or the Charter, I’m sorry, just to make sure that we’re following proper channels. But, it, I mean,
<br />it, to me, it makes, it makes total sense to, you know, cut out that. And, also, there’s a lot of
<br />costs involved with both the County and the applicant then has to republish, and so it’d save
<br />both, both sides money and taxpayer money, so, yeah, okay.
<br />
<br />JACKSON: So, maybe we can table that and then at a break, Malia, research it?
<br />
<br />HO: Mm-hmm.
<br />
<br />JACKSON: All right, so the next proposed change would be for timings for hearings and this
<br />change would allow for all permits and approvals issued by the Commission, we would change
<br />the timing of the hearings and the Commission’s decision to be consistent so that all of the
<br />permits that the Planning Commissions issued, the Department would take it to the public
<br />hearing at the Commission within 90 days after acceptance of an application, and the
<br />Commission’s decision is made within 60 days after the close of the public hearing, unless a
<br />longer time is agreed to by the applicant. These same timelines would be applied to processing
<br />permit amendments. So, the reason we’re proposing this, this change is that currently, the way
<br />your rules read, certain amendments have to go before the hearing within 45 days. I think that’s
<br />for SMA permits. You have other permits where the rule is silent on how long the Commission
<br />has to make a decision, and then you have other rules where it’s very specific and it says within
<br />60 days or 90 days. So we’re just trying to bring all of your permits that you approve in line as
<br />far as the timelines go. Are there any questions on that change? Commissioner Clarkson.
<br />
<br />CLARKSON: Yes. So, that a public hearing is held, does that mean initiated or completed?
<br />
<br />JACKSON: That’s initiated. The first public hearing has to be held within 90 days of
<br />acceptance of an application.
<br />
<br />CLARKSON: Can we make that crystal clear that, because I can imagine lots of hearings,
<br />especially with contested cases extending for quite a long time, so it’s just that the start of a
<br />public hearing has to, it has to start within 90 days, not be completed.
<br />
<br />JACKSON: Yeah, so, let me refer you to Page 6-3. This is again for Special Permits. Under 6,
<br />Section 6-6, Public Hearing, Letter (a), it says, “The Commission shall conduct a public hearing
<br />within a period of ninety days from the date of acceptance of a complete application, or within a
<br />longer time period as agreed to by the applicant.” Do you, do you feel that that is adequate, or
<br />do you want that to be clarified that it’s, it’s the first hearing held? And, just to note, this is the
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