HomeMy WebLinkAboutCOM 0493.000 1996-1998 r, "
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• n~, Virginia Goldstein
Sttphen YatnAsFiro ~ i. Director
Mayor Russell Kokubun
4~r~ uG~M~'t'~ Deputy Director
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PLANNING DEPARTMENT
25 Aupuni Street, Room 109 Hilo, Hawaii 96720-0252
(8081961.8288 Fax (8081961-9615
September 17, 1997
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Steven S.C. Lim, Esq.
Cazlsmith Ball Wickman Case & Ichiki '
Attorneys at Law -
121 Waianuenue Avenue -
Hilo, Hawaii 96721-0686
Dear Mr. Lim:
Change of Zone Ordinance No. 90-63, as amended by Ordinance No. 93-76 (REZ 663)
Applicant: Pualani Estates, Inc./International Assets, Ltd.
Request: Annual Progress Report and Extension of Time to Comply with Condition C
Tax Man Key: 7-5-17:18 and 29
This is to acknowledge receipt of your letter dated August 19, 1997 providing an annual
progress report for the above-referenced ordinance. Thank you for complying with this
requirement.
In same letter, you also request an extension of time to comply with Condition C, which
requires that Final Subdivision Approval be secured within two years from the effective date
of the ordinance. The effective date of Ordinance No. 93-76 is August 9, 1993. By letter
dated November 18, 1995, the Planning Duector granted Pualani Estates, Inc. a two yeaz
extension of time in which to secure Finai Subdivision Approval until August 9, 1997.
Therefore, your request and reasons for an additional extension of time, 15 copies of your
request and a $250 filing fee shall be filed with the Planning Commission through this office.
The Planning Commission's recommendation will be forwazded to the County Council for
final approval.
Please be advised there aze new filing fees and notification procedures as a result of the recent
adoption of the Hawaii County Zoning Code, effective December 7, 1996. Any request for a
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Rat. Date $EP 1 7 199
Steven S.C. Lim, Esq.
Page 2
September 17, 1997
change or alteration of conditions to a change of zone ordinance shall now be accompanied by
a filing fee of $250. In addition, you aze required to serve two notices on surrounding
property owners and lessees of record of your application. The first notice shall be served
within ten (10) days after filing your request and the second notice within ten (10) days of
receiving notice of the scheduled public hearing but not less than ten (10) days prior to the
scheduled public hearing.
Should you have any questions or require further assistance with your request, please contact
Susan Gagorik or Phyllis Fujimoto of our department at 961-8288.
Sincerely,
VIRGINIA GOLDSTEIN
Planning Department
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cc w/attach: Planning Commission
Hawaii County Council
West Hawaii Office
CARLSMITH BALL WICHMAN CASE & ICHIICI
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING LAW CORPORATONS
121 WAIANUENUE AVENUE
POST OFFICE BOX 686
HILO, HAWAII 96721-0666
TELEPHONE (809) 9356604
FAX (808) 935-7975
August 19, 1997
RetW:03-4466-2
Pualani
HAND DELIVERED "
Virginia Goldstein
Planning Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Annual Compliance and Progress Report
Ordinance No. 90-63, as amended by Ordinance No. 93-76 (REZ 663)
Applicant: Pualani Development Company
Successor Applicant: Pualani Estates, Inc./International Assets, Ltd.
Project Pualani Estatec/Tax Ma,~+
K~gy~(3) 7-5-1 T28 and 29 (CUB 90 143)
Dear Ms. Goldstein:
Effective August 9, ]993, Hawaii County Change of Zone Ordinance No. 93-76
amended Change of Zone Ordinance No. 90-63, reclassifying 99.3 acres of land from an Unplanned
(U) designation to Single-Family Residential (RS-7.5) and (RS-20) designations for tax map key
parcels (3) 7-5-17:28 and 29.
)n compliance with Condition O of Ordinance No. 93-76, successor applicant Pualani
Estates, Ina/International Assets, Ltd. (hereinafter "Applicant") submits its 1997 annual report for
the subject project, outlining its compliance with the substantive conditions of rezoning approval and
listing in order the governmental "RFOU_iRFMENT" and Applicant's "RESPONSE" to the same.
2002406.1.034466-2 (`R~'~ N
•
August 19, 1997
Page 2
I~FQ TTRF NT:
(A) the applicant, successors, or assigns shall be responsible for complying with all of the
stated conditions of approval.
F PON
Applicant will comply with the substantive conditions of rezoning approval contained
in Ordinance No. 93-76.
FO TTRF NT:
(B) the required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy" within
ninety days from the date of approval of the change of zone.
RF PONSR;
On October 3, 1990, the Department of Water Supply (hereinafter "Water
Department") acknowledged receipt of the required $432,000.00 water commitment payment from
original applicant Pualani Development Company. $gg, Exhibit A attached to Applicant's 1994
annual report dated July 11, 1994 (hereinafter "1994 annual report").
On August 12, 1997, Applicant and the Water Department and Water Commission
entered into an Agreement, wherein the parties acknowledged that Applicant had paid the sum of
$543,600.00 to the County, as and for full and final payment of permanent water facilities charges
for 302 units for development of Pualani Estates Subdivision, Unit 1.
REQUIREMENT:
(C) revised tentative subdivision plans for the proposed development shall be submitted
to the Planning Department within one year from the effective date of this change of
zone amendment. Final subdivision approval shall be secured within two years from
the effective date of this change of zone amendment. Plans for necessary
infrastructural improvements including off-site roadway and an off-site water system,
shall be submitted in conjunction with construction drawings for final subdivision
approval.
August 19, 1997
Page 3
RF_4~PO~F:
On December 2, 1993, the Planning Department granted revised tentative subdivision
approval of the project. ,Sgg, Exhibit B to 1994 annual report.
On October 17, 1994, the Planning Department granted Applicant an extension of time
until December 4, 1996, to comply with all conditions of tentative subdivision approval granted on
December 2, 1993. ,egg, Exhibit A attached to Applicant's 1996 annual report dated August 12,
1996 (hereinafter "1996 annual report").
By letters dated February 2, 1996 and March 4, 1996, the Planning Department
approved the following preliminary construction plans entitled: 1) Pualani Estates Subdivision, 2)
Phased Construction, 3) Intersection at Hawaii Belt Road, and 4) Water Transmission Systems.
Exhibits B and C attached to 1996 annual report.
On August 20, 1996, the Planning Department granted Applicant an extension of time
until December 2, 1998, to comply with all conditions of tentative approval dated December 2,
1993. $gg, Exhibit A attached hereto.
On November 18, 1996, the Planning Department granted Applicant an extension of
time until August 8, 1997, to secure final subdivision approval. Exhibit B attached hereto.
Applicant is in the process of locating a joint venture partner and/or new equity funding for the
project, and anticipates that the financing will be forthcoming within the near future. Therefore,
Applicant hereby requests additional time within which to secure final subdivision approval through
and including December 2, 1998, to be consistent with the above deadline to comply with all
conditions of tentative subdivision approval.
I~FQUiRFMENT:
(D) a drainage system shall be installed in accordance with the requirements of the
Department of Public Works.
RESPONSE:
Applicant will comply with the foregoing condition addressing drainage improvements
for the project. On June 9, 1995, the State Department of Health approved construction of the
remaining 24 of 60 injection drywells for the project. ,egg, Exhibit B attached to Applicant's 1995
annual report dated July 26, 1995 (hereinafter "1995 annual report"). On May 10, 1996, the State
August 19, 1997
Page 4
Department of Health approved an extension to September 30, 1996 for construction of the
aforementioned 60 drywells. $.g~, Ex ;bit "attached to 1996 annual report.
RFOUiRFMENT:
(E) access(es) shall meet with the approval of the Departments of Transportation-
Highways Division and Public Works. Further, Queen Kaahumanu Highway shall be
improved with a fully channelized intersection, including deceleration, acceleration
and left-turn land(s), and which may include signalization, meeting with the
requirements of the Department of Transportation. These improvements shall be
provided prior to the occupancy of the first house(s) within the subdivision. Traffic
signals shall be installed by the applicant, successors or assigns at such time when
wattanted and deemed necessary by the State Department of Transportation-
Highways Division.
RESPONSE:
On April 12, 1995, the State Department of Transportation approved Applicant's plans
for the project access intersection with the Queen Kaahumanu Highway Extension, or Hawaii Belt
Road. Exhibit C attached to 1995 annual report. On March 4, 1996, the County via letter from
the Planning Department approved subdivision construction plans for said intersection. ,fig, Exhibit
~ attached to 1996 annual report.
~~UIREMENT:
(F) the interior subdivision roads shall be provided with curbs, gutters and sidewalk
improvements; and amauka-makai collector road shall be constructed within the
subject property which shall include a mauka stubout which would lead toward
eventual connection to Hualalai Road. The applicant shall delineate and dedicate to
the County of Hawaii asixty-foot right-of--way within the mauka portion of the
subject property for this eventual connection to Hualalai Road. The costs of
construction for this connection to Hualalai Road shall not be the responsibility of the
applicant. The applicant shall also provide a private one-way single lane paved access
easement extending to Hualalai Road through the subject property to be used only for
emergency purposes which may be gated with an appropriate breakaway feature. This
access shall be designed to permit only a right tum exit from the subject property with
striping and demarcation for safety measures. The applicant shall maintain the
emergency access unt8 such time the construction of the mauka-makai collector road
August 19, 1997
Page 5
is completely connected to Hualalai Road and at which time the emergency access
shall be abandoned. The applicant shall provide selected internal north-south
roadways which extend to the boundaries to provide future traffic connection with
adjacent properties and shall include in the restrictive covenants in the deeds of all the
proposed lots informing all purchasers that the streets within the subject property may
become fatale thoroughfares connecting to adjoining properties. These
improvements shall be provided-within tweot}~four (24) months from the date of final
subdivision approval and meeting with the approval of the Department of Public
Works.
RESPONSE:
As stated above, the County approved subdivision construction plans entitled:
1) Pualani Estates Subdivision, 2) Phased Construction, 3) Intersection at Hawaii Belt Road, and 4)
Water Transmission Systems, via letters from the Planning Department dated February 2, 1996 and
March 4, 1996. $gg, ;exhibits B and C attached to 1996 annual report.
REQUIREMENT:
(G) an archaeological data recovery and preservation plan. shall be submitted to the
Department of Land and Natural Resources, Historic Sites Section and the Planning
Department for review prior to preliminary plat map submittal. The archaeological
data recovery and preservation shall be ir. conformance with the accepted plar. and
shall be completed prior to any alterations on the property.
RESPONSE:
Via letters dated February 26, 1996 and May 24, 1996, the State Department of Land
and Natural Resources, Historic Preservation Division, approved the revised final data recovery
report for the project. h'bitc F and attached to 1996 annual report. Reinterment of remains
within the on-site archaeological preserve area was conducted by the Historic Preservation Division,
Hawaii Burial Council and project archaeologists on July 5, 1994, and commencement of land
alteration work was approved by the Historic Preservation Division beginning January 18, 1995, on
the condition that protective fencing remain in place surrounding the preserve area.
August 19, 1997
Page 6
FO miF NT:
(I~ should any unidentified sites or remains, such as artifacts, shell, bone or charcoal
deposits, human burials, rock or coral alignments, pavings, or walks be encountered,
work in the immediate area shall cease and the Planning Department shall be
immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the Planning Department when it finds that sufficient mitigative
measures have been taken.
RFSPONCE:
Applicant will continue to abide by the guidelines set forth above for treatment of
archaeological sites and remains.
REQUIREMENT:
(I) to ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented, the applicant shall work with the Office of Housing and Community
Development and the Planning Department to formulate a housing plan for the
development to assure it addresses the affordable housing needs of the community and
the affordable housing condition imposed by the State Land Use Commission. This
housing plan shall be approved by the County Housing Agency prior to final
subdivision approval provided that the applicant shall notify the County Housing
Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter
the ownership interest in the Property prior to visible commencement of construction
on the Property; provided, however, that the applicant may transfer ownership in the
Property to an affiliate or in a manner consistent with prior representations to the
County Housing Agency.
RESPONSE:
On October 17, 1990, original applicant Pualani Development Company entered into
an Agreement with the County of Hawaii regarding an affordable housing program. Exhibit D-1
to 1994 annual report.
On May 24, 1994, based on a commitment from successor applicant Pualani Estates,
Inc./Intemational Assets, Ltd. to reserve 28 units to purchasers earning no more than 80 per cent of
the median family income in Hawaii County, the Office of Housing and Community Development
August 19, 1997
Page 7
waived its option to purchase affordable housing units in the project and authorized unrestricted sales
to begin as of that date. $gg, Exhibit D-2 to 1994 annual report. '
On June 29, 1994, the Office of Housing and Community confirmed its sponsorship
of a $10,000.00 interest free deferred sales price mortgage program for qualified purchasers in the
project. ,egg, Exhi~,t D-3 to 1994 annual report.
Based on the foregoing, Applicant completed its formal affordable housing sales
program pursuant to County requirements for the project, and a Release of said housing conditions
for the project was executed by the County on November 1, 1995, and recorded at the Bureau of
Conveyances on November 7, 1995. $gg, Exhibit H attached to 1996 annual report.
REQUIREMENT:
(J) to ensure that the Goals and Policies of the Recreation Element of the General Plan
are implemented, the applicant shall construct a minimum five (5) acre recreational
park within the project site for active and passive recreational uses to be dedicated
and accepted by the County of Hawaii. The configuration and improvements,
including but not limited to grading, grassing, irrigation, fencing along the subject
park area fronting Queen Kaahumanu Highway, and the construction of a softball
field, a soccer field, parking and restroom facilities, shall meet with the approval of
the Planning Department in consultation with the Department of Parks and Recreation
and the Departure.^.t of Public Works, prior to final subdivision approval. A park
maintenance and operational plan shall be submitted for review and approval by the
Planning Department in consultation with the Department of Parks and Recreation in
conjunction with final subdivision approval. Until such time that the park is dedicated
to and accepted by the County, there shall be adequate assurance, as determined by
the Corporation Counsel, for the maintenance of the private pazk by recorded
covenant running with the land which shall include the following: 1) obligate the
subdividers, purchasers, occupants, or association in the subdivision to maintain the
park in perpetuity; and 2) empower the County, through the Department of Parks and
Recreation, to enforce covenants to maintain the park, authorizing the performance
of maintenance work by the County in the event of failure by the subdividers,
purchasers, occupants, or association in the subdivision to perform such work and
permit the subjecting of land and properties in the subdivision to a lien until the cost
of the work performed by the County has been reimbursed. At the minimum, access
to the recreational park shall be gained from within the subdivision. The park shall
be completed within one year from the occupancy of the first home.
August 19, 1997
Page 8
RESPONSE:
Pursuant to the foregoing condition, on June 19, 1995, Applicant submitted to the
County for review and approval a "Maintenance and Operational Park Plan for the William Charles
Lunalilo Playground at Puapuaanui" and its "Declaration of Covenant for Park Maintenance". ,fig,
Exhibit H attached to 1995 annual report.
On July 19, 1995, the Office of the Corporation Counsel approved said Park Plan and
Covenant as complying with the rezoning requirements of Condition J of Ordinance No. 93-76. ,fig,
Exhibit I attached to 1995 annual report.
REQUIREMENT:
(K) as represented by the applicant, restrictive covenants in the deeds of all the proposed
lots shall prohibit the construction of a second dwelling unit on each lot. A copy of
the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Department for review and approval prior to final
subdivision approval. A copy of the approved covenant shall be recited in an
instrument executed by the applicant and the County and recorded with the Bureau
of Conveyances likewise prior to final subdivision approval.
RESPONSE:
On November 21, 1991, the Planning Department acknowledged receipt of deed
restrictions and determined that said deed restrictions complied with the conditions contained in
original Change of Zone Ordinance No. 90-63 governing the project. $gg, Exhibit E to 1994 annual
report.
Successor applicant Pualani Estates, Inc./International Assets, Ltd. will also comply
with deed covenant restrictions as modified by Change of Zone Ordinance No. 93-76.
REOUIItEMENT:
(L) comply with conditions of the State Land Use Commission.
e
August 19, 1997
Page 9
RESPONSE:
Applicant will comply with the substantive conditions contained in the State Land Use
Commission's Decision and Order dated September 13, 1989 in Docket No. A88-632, wherein the
Commission reclassified the subject project parcels from the Agricultural to the Urban Land Use
District.
REOUIREMENT:
(Ivn comply with all other applicable laws, rules, regulations and requirements, including
those of the Departments of Health, Water Supply and Public Works.
RESPONSE:
Applicant will comply with all applicable State and County regulations.
REQUIREMENT:
(I~ should the Council adopt a Unified Impact Fees ordinance setting forth criteria for the
imposition of exactions or the assessment of impact fees, conditions included herein
shall be credited towards the requirements of the Unified Impact Fees Ordinance.
RESPONSE:
Should a Unified Impact Fees be adopted, Applicant understands that the subject
property may be affected.
REQUIREMENT:
(O) an annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of this Change of Zone amendment. The report
shall address the status of the development and the compliance with the conditions of
approval. This condition shall remain in effect until all of the conditions of approval
have been complied and the Planning Director acknowledges that further reports are
not required.
August 19, 1997
Page 10
RESPONSE:
In compliance with the foregoing condition, Applicant submits herein its 1997 annual
report.
REOUIltEMENT:
(P) an extension of time for performance of conditions within the ordinance 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; 2) granting of the time extension would not be contrary
to the General Plan or the Zoning Code; 3) granting of the time extension would not
be contrary to the original reasons for the granting of the permit; 4) the time extension
granted shall be for a period not to exceed the period originally granted for
performance (i.e., a condition to be performed within one year may be extended for
up to one additional year); and 5) if the applicant should require an additional
extension of time, the Planning Director shall submit the applicant's request to the
County Council for appropriate action. Further, should any of the conditions not be
met or substantially complied within a timely fashion,. the Director shall initiate
rezoning of the area to its original or more appropriate designation.
RESPONSE:
Should Applicant require an extension of time for performance of any of the foregoing
conditions of rezoning, it will request the same of the Planning Director in compliance with the
provisions set forth above.
August 19, 1997
Page 11
Thank you for the opportunity to present this annual report on behalf of successor
applicant Pualani Estates, Inc./International Assets, Ltd. Please feel free to contact me at 935-6644
should you have any questions concerning the foregoing discussion.
Very truly yours,
CARLSMITH BALL
WICHMA~N
CASE & ICHIICI
~ `
STEVEN S. . L
SSCL:7EC
Attachments
xc w/attachments: Grant Johnston
Robert West
Robert Triantos, Esq.
. ,MTV Of 1,L
7'
Stephen K. Yamashiro ~ ut''B' D! GoTdsteit
Mayo. ~ . Norman Olen
~rir'.•• '°:;~i~ Deputy Director
U.II1TT[f~T II~ ~Mi1T~TT1
PLANNING DEPARTMENT
25 Aupuni Street, Room 109 Hila, Hawaii 96720-1252
(8081 961-8298 Fax (dU8) 961-9615
August 20, 1996
Steven S. C. Lim, Esq.
Carlsmith Ball Wichman Case & Ichiki
Attorneys at Law
PO Box 686
F~iio, HI 96721-0686
Dear Mr. Lim:
TIME EXTENSION REQUEST
SUBDIVIDER: PUALANi ESTATES, INC.
"Pualani Estates Subdivision, Unit 1"
Proposed Consolidation of Lot 1 and TMK: 7-5-17:28
Being portions of R.P. 6716, L. C. Aw. 4887, Ap. 2 and
R.P. 7819, L.C. Aw. 8559-8 (Certificate of Boundaries No. 159)
and Resubdivision into Lots 384, 385 and
1 to 258 (Inclusive), 500 to 507 (Inclusive), 550 to 565 (Inclusive)
and Designation of Easements
Puapuaaiki 1st and Puapuaanui 1st, North Kona, Island of Hawaii, Hawaii
TMK: 7-5-017:028 and oortion of 029 fSU6 90-1431
This is in response to your letter of August 12, 1996.
Please be informed that an extension of time of two (2) years frori December 2, 1996 to
December Z, 1998, in which to comply with all conditions of the tentative approval contained in
the letter of tentative approval dated December 2, 1993, is hereby granted.
Should the conditions of tentative approval not be completed within the time limit, the approval of
the revised preliminary plat map dated September 30, 1993, shall expire and shall be of no
further force or effect, or shall be subject to the technical review of the applicable agencies for
compliance with current code and rule requirements.
Should you have any questions, please feel free to contact this department.
incerely,
f~~~1 ~
VIRGI IA GOLD EIN
Planning Director
VKG:Inm
90143pua.ext
EXHIBIT A
Steven S. C. Lim, Esq.
August 20, 1996
Page 2
xc: Manager, DWS
Chief Engineer, DPW
Sanitary Engineer, DOH
Distrir-t Engineer, DOT
PLNG-KONA '
DPW-ENG-KONA
Pualani Estates
Robert Triantos, Esq., CBWCI-KONA
• • rr of
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c?~'": Virginia Goldstein
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Stephen K. Yamashiro ~ D""t°`
Maynr - _ Norman Olesen
it
~ . Deputy Director
' "i oi•wi'd
(~>xuufg u~ ~.t~futxii
PLANNING DEPARTivIENT
25 Aupuni Street, Room 109 Hila, Hawaii 96720-1252
(808)961-8288 Fax 13081961-9615
November 18, 1996
Mr. Steven S.C. Lim
Car smith Ball Wichman Case & Ichiki
Attorneys A[ Law
121 Waianuenue Avenue
Hilo, Hawaii 96721-0686
Dear Mr. Lim:
Change of Zone Ordinance No. 90-63 and as amended
by Ordinance No. 93-76 (12EZ 663)
Appiicanr. Pualani Estates, inc./International Assets, Ltd.
Subject: Extension of Time to Condition C ;Srciu•e Final Subdivision Approval)
Tax Map Key: 7-5-17:28 and 29 _
This is to acknowledge receipt of your letters dated October 30, 1996, and
November 13, 1996, requesting an extension of time to Condition C of the above-referenced
ordinance.
In our last letter to you dated October 25, 1996, we noted that you needed to request an
extension of time from July 9, 1995, r.rc years from the effective date of the ordinance.
The letter should have stated August 9, 199, since the effective date of Change of Zone
Ordinance No. 90-63 is August 9, 1993. We apologize for this error.
Condition P of the ordinance allows the Planning Director to grant an extension of time for
performance of conditions within the permit. A status review of your file indicates that
revised tentative subdivision plans were submitted and tentative subdivision approval secured
on December 2, 1993. You have also intbrmed us that a time extension is needed to allow
the subdivider to pursue project funding for bunding and construction loan purposes.
The subdivider has also recently received a preliminary loan commitment contingent upon.
achieving a satisfactory level of pres:[les in Unit 1 of the projt~ct.
EXHIBIT B
Mr. Steven S. C. Liln
Page 2
November 18, 1996
Based on the above, the Planning Director has determined that non-performance is a result
of circumstances beyond the control of the applicant and not a result of fault or negligence
and hereby grants you atwo-year extension of time from August 9,1995, until August 8,
1997, in which to comply with Condition C (secure Final Subdivision Approval).
Please be aware that if an addition:;. extension of time is needed, your request with reasons
must be forwarded to the County Planning Commission through this office. A $100 filing
fee shall be submitted when requesting an additional extension. of time together with an
crginal and 26 copies of your request.
Should you have any questions reearding the above, please contact Susan Gagorik or Alice
Kawaha of our department at 961-8288.
Sincerely,
o~~V~
VIRGI A G STEIN
Planning Direct
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Planning Commission
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