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

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“(c) In the case of additions, modifications, and/or deletions of conditions; or the original permit granted, the applicant shall set forth in writing: (1) The affected condition; (2) The specific amendment requested; and (3) The reasons for the request. “(d) The applicant shall also file a two hundred fifty dollar processing fee, along with the original and twenty copies of the request. “(e) The hearing and notice procedures and action shall be the same as under Sections 6-5, 6-6 and 6-8,” that’s for Special Permits and then the references to 7 has to do with Use Permit, “of this rule.” So, basically, just in a nutshell, they have to follow the same procedures for notification to surrounding property owners when they come in for an amendment or time extension. They have to do the same requirements for posting the sign, the information requested in the Rule is basically either the time extension length of time and the reasons thereof or, if it’s an amendment, the requested amendment and the reasons for the amendment, and then also a 250-dollar filing fee, along with the original and 20 copies of that. The reason for that is when we receive the request, we send out the copies to all agencies that are affected and request their comments on it, so those can be referenced in regards to conditions that are placed on the permit. So what happens is, I think I’m hearing a lot that the applicant should come in with a new application. That’s what you hear a lot. The Rule doesn’t say that. So if that is something that the Commission would want to do, such as put a time limit on a permit, and that permit dies, and they have to come in with a new permit, a Rule change will have to happen. So just, just to clarify that, because that was a lot of information being brought up that they should be denied and come in with a new application. Now, just for reference to the Commission, the staff at the Planning Department, as well as the Planning Director, normally just does not accept a simple request without a lot more information. And the reason why is – we’ll get into that later, though – when you are asking for a time extension and it’s been some time, there’s been a lot of changes since it was originally approved, and things have changed – General Plan may have changed, the Community Development Plan may have come in to effect, there could be changes to agency requirements – all those are taken into consideration for a new application, as well as for an amendment and a time extension. And those are all normally you’ll see something from staff, or the Director, that says the applicant requested this, the Planning Director is adding these to be able to bring this permit up to current standards as far as conditions and requirements. So you’ll see a lot of that. These rules are relative to Special Management Area Rules. Again: “(1) Application: The applicant may apply to the Commission through the Director for an amendment to the permit or condition(s) imposed by the Special Management Area Use Permit.” 4 EXHIBIT B