2019-03-21 Leeward Exh B (Discussion on condition deadlines)

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Resort zoning along Ali‘i Drive; a majority of those are existing zoning so they don’t have conditions tied with them. So we spoke about impact fees and fair share. I’m not sure what Simmy was trying to get at; I think it was relative to another project. We would have to look at that separately, and be able to address her issues regarding those. But I can also try to answer any questions the Commission may have. UNGER: I know specifically, or maybe this is the one that you might want corporate counsel to chime in on, but two testifiers, and I also had the question, one of the first things you brought up was if a permit is not, an application to extend a permit is not given to the Planning Department 90 days prior to their expiration, then it expires. So, is that one of the things that you chose not to or to have corporate counsel talk about? Because I would like to hear the answer to that. DARROW: Sure, I will try to answer. Okay, so this condition that we are looking at is actually placed on the permit conditions, okay? So, let me get up there— UNGER: Okay, so that’s not ordinance. DARROW: No, it’s not. UNGER: Just permit. DARROW: Yeah— UNGER: Okay, that’s significant. DARROW: So it says, “If the Commission is not able to act on a properly filed time extension request prior to the expiration date, the use granted under the Special (or Use) Permit may be continued, unless the Commission specifically disallows the activity during the interim period.” Now, again, that could be, I know, it says, “properly filed,” so what we’ll have to do is— HALL: You are on the wrong rule, I think— DARROW: I’m sorry? HALL: Right? Isn’t that the other rule? DARROW: The SMA rule? HALL: No, no, no, I mean, I just mean I think they are talking about what happens when they don’t file. So basically, it’s your last slides— DARROW: This one? 19 EXHIBIT B