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UNGER: Did you or were you going to recommend some, is this the language you— <br /> <br />JACKSON: No, I can read— <br /> <br />UNGER: Yeah, why don’t you— <br /> <br />JACKSON: —the other language. <br /> <br />UNGER: —give us some idea— <br /> <br />JACKSON: Sure. <br /> <br />UNGER: —of what you’re thinking. <br /> <br />JACKSON: Okay. So, this is language being suggested by the Director to add as a new condition <br />at the end of the permit: “If it is discovered by the Planning Department through investigation of <br />the property or internet as a result of a complaint that additional unpermitted uses are occurring on <br />the property, the Planning Director may initiate enforcement action and shall refer the matter to <br />the Planning Commission for review. Advertising or other information from the internet shall <br />constitute prima facie evidence that an unpermitted use is operating on the property. The burden <br />of proof shall be on the applicant to establish that the alleged unpermitted uses are not occurring <br />on the property. Upon appropriate findings by the Planning Commission that the applicant is <br />operating an unpermitted use, the Commission may either amend the permit to add the <br />unpermitted use or revoke the permit.” <br /> <br />UNGER: Okay, thank you. Commissioners, any more questions? \[None.\] Thank you. Would <br />the applicant please come forward? Please raise your right hand. Do you swear or affirm to tell <br />the truth before the Planning Commission? <br /> <br />MCCOLLOUGH: I do. <br /> <br />TRIANTOS: Yes. <br /> <br />UNGER: Thank you. Please state your name and area of residence. <br /> <br />TRIANTOS: May I please, Commission? My name is Robert Triantos. My area is Kailua-Kona. <br /> <br />MCCOLLOUGH: David McCollough, Kamuela. <br /> <br />UNGER: Thank you. You may proceed. <br /> <br />TRIANTOS: Thank you very much, Members of the Commission. First, we want to thank the <br />Planning Department very, they’ve done a herculean job on this matter, and I know it says, they <br />were very candid in their criticism of the long-term. We are here to rectify that. The application <br />asks for one additional charge. The, all of the conditions of approval that have been submitted, we <br />would agree to, except for the Condition 4 – and I’ll get into that in a moment – but the one that <br />5 <br />EXHIBIT B <br /> <br />