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

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This is just one of many conditions within a permit, but again, this is normally the condition that an applicant comes in for a time extension request. The other condition relative to ordinances is this one, which, if they are not proposing to build anything, if they are proposing to change the zoning from, let’s say, Agricultural to Residential and they are creating a subdivision with no proposed development, then this would be the timing condition: “Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance.” So those are typical timing conditions. Now, the administrative time condition that’s normally added in a majority, if not all, of the permits with a time factor, is this particular one. It says: “An initial extension of time for the performance of conditions within the ordinance (or permit) may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence.” I would, in commenting on this particular aspect, I would say 90 percent approximately use the economy as the reason for not being able to move forward. That’s normally. Other, there’s a number of other reasons; health reasons is one that comes up on occasion, but normally it’s the economy. That’s what we see. Before I go forward on that, so, all of a sudden we are seeing a number of request for time extensions coming to the Commissions and the Council, and so they are asking why are all these time extension requests coming to the Commission and Council? It appears that at this time these applicants, or owners, successors or assigns, are able to go forward with their projects. Now, that may not be true in all cases, but all of a sudden we are seeing a number of time extensions come before the Commissions and the Council. So that question has been asked. They are able to secure loans or funding and they state that they are in the position to go forward. So, No. 2: “2. Granting of the time extension would not be contrary to the General Plan or the Zoning Code.” So we, when these administrative time extensions come in, we look and see if there has been any change to the General Plan in the particular area or the Zoning Code, and then: “3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone (or the permit).” 6 EXHIBIT B