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

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HALL: —the last two slides. DARROW: \[Inaudible dialogue with Ms. Jackson\] SMA, yeah, SMA has a – here, okay. So the issue in the SMA Permit is “the applicant shall file the request not less than 60 days prior,” so what happens during that time. Yes, the question would need to be looked at through corporation counsel to see if legally they could apply for an SMA Permit, if it was not filed within 60 days from the expiration. UNGER: And again, that seems pretty black and white. Then also, and I also was talking about 6-9(b), the slide before, where it affected permits, and it said the same stipulation except 90 days, if an extension was not received 90 days before the expiration of the permit, then – what happens, 6, (b) – “90 days prior to the expiration date of the time conditions, setting forth,” so it does, it says that “the applicant shall” put this in, but it doesn’t talk about the consequences. DARROW: Right. UNGER: So I guess, that’s maybe a legal question on what the Commission can do, what the Planning Department can do. Okay, those are, those are really important things that we need to, we all need to be aware of, because it is pretty black and white there. DARROW: Yeah. There was a time in the past, I’ve seen older permits that kind of directed the applicant within the condition that we had up there on construction, or it was in the administrative time extension, that kind of clearly said that if you need additional time, you need to submit within 90 days from the expiration date. At some point in the past they took the language out of that. That might be something we want to consider adding back in as a condition. So, you know, so that’s, that’s an issue we can look into legally. There was discussion on State versus County powers. There is a clear separation of those powers. Again, that’s a legal matter. There are sections in the law that deal with State Land Use Law, and there are sections in the law that deal with county zoning, and they are separation. So that can be discussed in the future by our corporation counsel. I think that addresses most of the issues that I have written down. But again, I can try to answer any questions the Commission may have. UNGER: Great. Commissioners, do you have any questions? The floor is open for discussion. Commissioner Yates. YATES: I’m just— \[checking her microphone\] UNGER: You are on. YATES: I’m just wanting to know, I’m kind of confused here because we are talking about extension, extension, extension, expiration. So, is there no expiration? It never expires? \[Laughter from the audience.\] 20 EXHIBIT B