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HomeMy WebLinkAboutPD Recommendation Report (PL-SMA-2026-000097)R_Wild_Ginger_SMA_2026 COUNTY OF HAWAI‘I PLANNING DEPARTMENT _RECOMMENDATION_ BHG ALOHA LLC DBA WILD GINGER HOTEL SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2026-000097)__________________________________________________ Upon careful review of the applicant's request against the guidelines for granting of a Special Management Area Use Permit, the Planning Director recommends that this request to construct a new two-story, 30-room hotel complex consisting of three guest buildings, a front desk building, café, swimming pool and lounge/pool deck area, 32 parking stalls, internal access and circulation improvements, landscaping, and related improvements on approximately 1.60 acres within the Special Management Area (SMA) be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This approval recommendation is based on the following: The applicant is requesting a Special Management Area Use Permit to construct a new two-story, 30-room hotel complex and related improvements on approximately 1.60 acres in Puʻueo, South Hilo. The proposed development includes three (3) two-story guest buildings containing 10 rooms each, with approximately 4,210, 4,950, and 4,210 square feet of gross floor area, respectively; a one-story, 950-square-foot front desk building; a one-story, 1,395- square-foot café; an approximately 4,120-square-foot lounge and pool deck; a 1,260-square-foot swimming pool; and a 32-stall paved parking area. The properties were originally developed between approximately 1909 and 1911 as plantation housing and were later converted to hotel use in the late 1930s, eventually becoming the Wild Ginger Hotel, which operated for more than 85 years before being substantially destroyed by fire on October 22, 2025. The proposed redevelopment would shift much of the new construction toward the -2- northern portion of the site and farther from Waipilopilo Stream. Prior to construction, previously authorized site-remediation work includes demolition of the remaining fire-damaged structures, removal of hazardous albizia trees, and clearing of overgrown vegetation. OPSD, in comments dated September 4, 2026, recommended protection of any archaeological or cultural resources discovered during construction, consultation with DOH-Clean Water Branch if one acre or more is disturbed, implementation of site-specific erosion and sediment-control and Low Impact Development measures, and use of shielded exterior lighting to minimize impacts to coastal resources and seabirds. The Department of Water Supply (DWS) indicated that water can be made available from the existing 6-inch waterline within Puʻueo Street and had no objection to the proposed development, subject to its requirements. DWS requires engineered maximum daily water-use and peak-flow calculations to determine appropriate service and meter requirements. DWS also noted that the existing 6-inch waterline is inadequate to provide the required 2,000 gallons per minute fire flow and advised the applicant to coordinate with the Fire Department regarding alternative fire-protection requirements. The application indicates that the total construction cost for the proposed hotel complex, excluding the initial demolition and site-clearing activities, is anticipated to be approximately $10,000,000 to $12,500,000. Following approval of the requested SMA Use Permit and issuance of the necessary Plan Approval and building permits, the applicant anticipates commencing construction within approximately two years and completing the project within three years thereafter, with hotel operations beginning within approximately five years of SMA approval. Unlike a multi-phase development occurring over an extended period, the proposed project is intended to be completed as a single redevelopment effort following site remediation. Potential temporary impacts associated with demolition, grading, construction activity, stormwater runoff, and site disturbance can be mitigated through compliance with applicable permitting requirements, implementation of construction best management practices, erosion and -3- sediment-control measures, and adherence to conditions of approval. Overall, the project represents redevelopment of a long-established hotel site within an urbanized area, with the proposed layout shifting the principal improvements farther from Waipilopilo Stream and incorporating current building, infrastructure, and environmental requirements. The grounds for approving development within the Special Management Area are based on HRS, Chapter 205A-26(2) (Special Management Area guidelines) and Rule 9-11(e) of the Planning Commission Rules of Practice and Procedure. Planning Commission Rule 9-11(e) states that the Authority (Planning Commission) may permit the proposed development only upon finding that: 1. The development will not have any substantial adverse environmental or ecological effect except as such adverse effect is minimized to the extent practicable and is clearly outweighed by public health, safety or compelling public interest; 2. The development is consistent with the objectives and policies and the Special Management Area guidelines as provided by Chapter 205A, HRS; 3. The development is consistent with the General Plan, Community Plan, Zoning Code and other applicable ordinances; 4. The development will, to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist, including specific factual findings regarding: a. The identity and scope of valued cultural historical or natural resources in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area; b. The extent to which those resources including traditional and customary native Hawaiian rights, will be affected or impaired by the proposed action; and c. The feasible action, if any, to be taken by the Authority to reasonably protect any valued cultural, historical or natural resources including any existing traditional and customary native Hawaii rights. -4- In review of the SMA guidelines as listed under HRS 205A-26(2)(A), the proposed development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. The subject properties have been extensively disturbed by more than a century of residential and hotel-related use and are located within an established urban area. A June 2026 biological reconnaissance survey found no intact native vegetation or rare, threatened, or endangered plant species on the property and concluded that the site provides limited habitat value for native species. Potential impacts associated with construction, including vegetation removal, grading, erosion, sedimentation, stormwater runoff, lighting, and disturbance near Waipilopilo Stream, can be minimized through implementation of construction BMPs, erosion and sediment-control measures, appropriate drainage design, shielding of exterior lighting, and adherence to the biological survey recommendations. The proposed site layout also shifts much of the new hotel development farther north and away from Waipilopilo Stream compared with the former hotel footprint. Therefore, with implementation of the recommended mitigation measures and applicable permit conditions, the proposed development is not anticipated to result in substantial adverse environmental or ecological effects. Any potential impacts can be minimized through adherence to BMPs, regulatory requirements, and appropriate conditions of approval. Accordingly, the project is consistent with the intent and requirements of HRS §205A-26(2)(A). This determination is based on the following: In review of the SMA guidelines as listed under HRS 205A-26, the proposed development is consistent with the objectives and policies as provided by Chapter 205A-26, HRS, and Special Management Area guidelines contained in Rule No. 9 of the Planning Commission Rules of Practice and Procedure. -5- The purpose of Chapter 205A-26, Hawaiʻi Revised Statutes (HRS) and Rule 9 of the Planning Commission Rules of Practice and Procedure, is to preserve, protect, and where possible, to restore the natural resources of the coastal zone areas. Therefore, special controls on development within an area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options. The objectives and policies of Chapter 205A-26, HRS and Rule 9-10(h) include, but are not limited to, the protection of coastal recreational resources, historic resources, scenic and open space resources, coastal ecosystems, marine resources, beaches, and controlling development in coastal hazard areas. The proposed development has been reviewed in accordance with the objectives and policies of the Coastal Zone Management Act, Chapter 205A, Hawaiʻi Revised Statutes (HRS), including the Special Management Area (SMA) guidelines set forth under HRS §205A-26, and Rule No. 9 of the County of Hawaiʻi Planning Commission Rules of Practice and Procedure. The following provides an evaluation of the project’s consistency with applicable resource categories: Recreational Resources: The subject properties do not function as a formal recreational area and are not designated for public recreational use. No formal public shoreline or recreational access route has been identified across the project site. Recreational resources in the vicinity are primarily associated with the Wailuku River corridor and the nearby Wailuku River Bridge (“Singing Bridge”), which provides opportunities for sightseeing and passive enjoyment of the river. Waipilopilo Stream traverses the southern portion of the property but is densely vegetated and does not provide formal recreational access. However, as a visitor/accommodation use, the proposed hotel would provide guests with convenient access to existing recreational, cultural, and scenic resources within the greater Hilo area. The proposed hotel redevelopment will not impede existing -6- access to nearby recreational resources and is therefore not anticipated to adversely affect recreational opportunities. Historic Resources: The project site is located within the historic Puʻueo District, SIHP No. 50- 10-35-07442, and has a long history of residential and visitor-accommodation use. The properties were developed between approximately 1909 and 1911 as housing for sugar plantation workers and were converted to hotel use in the late 1930s. The application does not identify a site-specific archaeological resource within the subject properties; however, given the historic context of Puʻueo, protection of previously unidentified resources remains appropriate. OPSD concurred that if archaeological or cultural resources, including burials, are encountered during excavation, work should cease immediately and not resume until archaeological clearance is obtained from SHPD. With these measures, potential impacts to historic resources can be minimized. Scenic and Open Space Resources: The principal scenic and open-space resource in the vicinity is the Wailuku River corridor, located approximately 270 feet south of the project site. Waipilopilo Stream and its densely vegetated banks also provide a smaller riparian open-space feature along the southern portion of the property. The proposed hotel consists primarily of low-rise, two-story structures comparable in scale to the former hotel’s development. The revised layout shifts much of the new construction toward the northern portion of the site and farther from Waipilopilo Stream, preserving greater separation from the stream corridor. The development is not anticipated to obstruct significant public views or adversely affect scenic resources associated with the Wailuku River or surrounding Puʻueo area. Coastal Ecosystems and Marine Resources: The subject properties do not have direct shoreline frontage and have been extensively disturbed by prior residential and hotel development. No sensitive coastal ecosystems such as wetlands, dunes, or intact native habitat -7- have been identified on the project site. Waipilopilo Stream is hydrologically connected to downstream coastal waters and therefore represents the principal pathway through which construction-related runoff or sediment could affect coastal resources. With implementation of applicable BMPs, adverse effects to coastal ecosystems and marine water quality can be minimized. Coastal Hazards: The project site is located within FEMA Flood Zone X and does not have direct shoreline frontage. It is situated mauka of Hawaiʻi Belt Road and is not directly exposed to coastal erosion or marine inundation. Waipilopilo Stream traverses the southern portion of the property; however, the proposed hotel structures are being shifted farther north and away from the stream compared with the former hotel layout. Appropriate drainage, stormwater management, erosion-control measures, and compliance with applicable County requirements will further reduce potential hazards associated with runoff and localized flooding. Light Pollution and Coastal Wildlife: Exterior lighting associated with the proposed hotel has the potential to affect seabirds and other coastal wildlife if improperly designed. OPSD recommends that all exterior lighting and lamp posts utilize cut-off luminaires and appropriate shielding so that artificial light is not directed across property boundaries toward the shoreline or ocean. These measures are also consistent with the recommendations of the biological reconnaissance survey and will reduce potential impacts associated with artificial nighttime lighting. Concerns of Hazardous Albizia Trees The applicant had previously received approval of PL-SAA-2026-000345 for the demolition of the remaining fire-damaged Wild Ginger Hotel structures, and removal and disposal of fire-damaged building debris from the site, demolition and removal of associated infrastructure. Included in the approval was the removal of hazardous albizia trees that pose a safety risk to demolition activities and to neighboring properties. -8- Comments were received by several neighboring property owners in support of the overall project but with a request to add a condition to remove the hazardous albizia trees as a condition of approval. The applicant submitted a response to these comments stating that they were amenable to the addition of a condition within the requested SMA Use Permit, should it be approved by the Windward Planning Commission, that will ensure the removal of the tall albizia trees prior to commencing construction of the proposed hotel. Based on the foregoing, the proposed hotel development is consistent with the applicable objectives, policies, and guidelines of Chapter 205A, HRS, and Rule No. 9 of the Planning Commission Rules of Practice and Procedure. The proposed development is consistent with the County General Plan, Hilo Community Development Plan (HCDP), Zoning Code, and other applicable ordinances. The County General Plan Land Use Pattern Allocation Guide (LUPAG) and the 2045 General Plan Map both designate the subject parcels as Medium Density Urban (mdu). This designation is intended to accommodate a mix of residential, commercial, and institutional uses in areas that are already developed or planned for urban growth, while supporting efficient use of infrastructure and services. The project site is located within an established urban area of Puʻueo characterized by a mix of multi-family residential, visitor accommodation, commercial, and open space uses associated with the nearby Wailuku River corridor. The proposed redevelopment of the Wild Ginger Hotel, consisting of a 30-room hotel complex and related accessory improvements, is consistent with the urban character of the surrounding area and will utilize existing public roads, wastewater, water service subject to DWS requirements, and other available urban infrastructure. By replacing the former 38-room hotel with a smaller, low-rise development and shifting much of the new construction toward the northern portion of the property and farther from Waipilopilo Stream, the project maintains greater separation from the stream corridor while continuing a long-established use of the site. Overall, the proposed -9- development is consistent with the land-use goals, policies, and standards applicable to this established urban area. The proposed development has been reviewed for consistency with the County of Hawaiʻi General Plan 2005 and 2045, the Hilo Community Development Plan (HCDP), the County Zoning Code, and other applicable ordinances. 2005 General Plan Under the County of Hawaiʻi General Plan adopted in 2005, the subject properties were designated Medium Density Urban on the Land Use Pattern Allocation Guide (LUPAG) Map. The Medium Density Urban designation contemplated village and neighborhood commercial uses, single-family and multiple-family residential uses, and related functions within established urban areas. The subject properties have been developed for residential and visitor- accommodation purposes for more than a century, including more than 85 years of hotel use. Although a hotel is not specifically identified among the principal uses described under the Medium Density Urban designation, the proposed project represents redevelopment of an existing urban property utilizing existing roads, wastewater facilities, water service subject to DWS requirements, and other public infrastructure rather than expansion of urban development into an undeveloped area. The proposed development is therefore consistent with the broader land-use and urban-development objectives of the 2005 General Plan. General Plan 2045 The General Plan 2045, adopted in June 2026, retains the Medium Density Urban (mdu) designation for the subject properties. This designation provides for village and neighborhood commercial, single-family and multiple- family residential uses, and related functions. The General Plan 2045 identifies CV, CN, PD, RM, RD, and RS as compatible zoning districts for Medium Density Urban; consequently, the existing Resort-Hotel (V-.75) zoning is not specifically identified as compatible with the current General Plan Land Use Map designation. However, the proposed development does not involve a change in -10- zoning or an expansion of resort zoning into a new area. Rather, it would reestablish a long-standing hotel use on property already zoned for Resort-Hotel use and previously developed with a larger 38-room hotel. The proposed 30- room hotel is also relatively small in scale and is situated within an established urban neighborhood containing multi-family residential development, including the adjoining 103-unit Hilo Val Hala Apartment complex. The project further advances applicable General Plan 2045 objectives through redevelopment of an existing urban site, increased separation of development from Waipilopilo Stream, protection of natural and cultural resources, and use of existing public infrastructure. Therefore, while the existing V-.75 zoning is not specifically listed as a compatible zoning district under the Medium Density Urban designation, the proposed redevelopment is not considered contrary to the overall goals, objectives, and policies of the General Plan 2045. Zoning Code The subject properties are zoned Resort-Hotel 750 square feet (V-.75). The Resort-Hotel District is intended to accommodate the needs and desires of visitors, tourists, and transient guests in areas served by public roads and utilities or suitable alternative facilities. The proposed 30-room hotel is a use that is intended to be located within the Resort-Hotel District and replaces the former 38-room Wild Ginger Hotel that occupied the property for more than 85 years. Hilo Community Development Plan The Hilo Community Development Plan (HCDP), adopted in 1975, provides specific guidance for future development within the Puʻueo area. The HCDP recognizes Puʻueo as an appropriate location for visitor accommodations, stating that future hotel development should occur in the Waiākea Peninsula, Waiākea Pond, Downtown, and Puʻueo areas. The application identifies the subject properties as being within the area recommended for retention of Resort- Hotel zoning. The HCDP also contains recommendations for conversion of certain Resort-Hotel-zoned lands along the Wailuku River to Multiple-Family Residential zoning. In this case, however, the subject properties have retained -11- their Resort-Hotel zoning and have historically been used for hotel purposes. The proposed project would continue that established use rather than introduce a new or substantially more intensive land use into the Puʻueo area. Accordingly, the proposed development is generally consistent with the applicable land-use direction of the HCDP. Conclusion Based on the foregoing, the proposed redevelopment represents the continuation of a long-established visitor-accommodation use on an urban property that is presently zoned for Resort-Hotel use. Although the Resort-Hotel zoning designation is not specifically identified as compatible with the Medium Density Urban designation under the General Plan 2045, the proposed project does not require a zoning change, would replace a larger preexisting hotel use, utilizes existing urban infrastructure, and is generally consistent with the applicable objectives and policies of the 2005 General Plan, General Plan 2045, Hilo Community Development Plan, Zoning Code, and other applicable ordinances. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. In view of the Hawai‘i State Supreme Court’s “PASH” and “Ka Paʻakai O KaʻAina” decisions, the issue relative to native Hawaiian rights, such as gathering and fishing rights, must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: The subject properties are located within the historic Puʻueo District, SIHP No. 50-10-35-07442. The application identifies Puʻueo as a residential community dating back to at least the late 18th century, with the subject properties subsequently developed between approximately 1909 and 1911 as housing for sugar plantation workers and converted to visitor accommodations in the late 1930s. The Planning Department submitted the proposed project to the State Historic Preservation Division (SHPD) through HICRIS for review pursuant to HRS Chapter 6E; however, to -12- date, SHPD has not provided a response. The application does not identify a site-specific Archaeological Inventory Survey or documented archaeological site within the subject properties. Accordingly, the Department does not have a SHPD determination regarding whether additional archaeological investigation will be required prior to redevelopment. The valuable cultural, historical, and natural resources found in the area: The available record indicates that the project site is situated within a broader historically and culturally significant Puʻueo landscape. Historical information for the neighboring Puʻueo area identifies Native Hawaiian occupation extending into the late 18th century and documents traditional associations with the Wailuku River corridor. Historical accounts and Hawaiian traditions reference Puʻueo and the Wailuku River in connection with habitation, travel, and traditional narratives, including accounts concerning Māui and Hina associated with the Wailuku River. Historic land records also demonstrate that Puʻueo formed part of an ahupuaʻa extending from inland areas toward Hilo Bay, reflecting the traditional mauka- makai land division characteristic of Hawaiian land use. Within the subject property itself, however, more than a century of plantation housing and hotel development has substantially altered the site. The June 2026 biological reconnaissance survey found that the original lowland native vegetation community has been heavily degraded or destroyed through traditional agriculture, plantation agriculture, and subsequent urban development. Waipilopilo Stream remains the principal natural feature on the property and provides a hydrologic connection to the larger coastal environment. Possible adverse effects or impairment of valued resources: The proposed redevelopment would include demolition and site remediation followed by construction of three (3) two-story guest buildings, a front desk building, café, swimming pool, parking, internal circulation, and related infrastructure. These activities will require grading, excavation, trenching, vegetation removal, and other ground disturbance on land that has been extensively developed for more than a century. Although the application does not identify any ongoing traditional -13- and customary Native Hawaiian practices occurring on the subject properties, the location of the site within the historic Puʻueo District means that the possibility of previously unidentified archaeological or cultural resources cannot be entirely excluded. OPSD similarly noted the historic character of Puʻueo and recommended that work cease immediately if archaeological or cultural resources, including burials, are encountered during excavation. The proposed project does not involve the creation or closure of a traditional access route, development along the ocean shoreline, or obstruction of access to the Wailuku River or other known gathering areas. The proposed layout also shifts much of the new development farther from Waipilopilo Stream than the former hotel footprint. Feasible actions to protect native Hawaiian rights: To the extent feasible, protection of Native Hawaiian rights in this case should focus on avoidance and appropriate treatment of any previously unidentified archaeological, cultural, or burial resources that may be encountered during redevelopment. Because SHPD has not yet responded to the County’s HRS Chapter 6E review submitted through HICRIS, the applicant should comply with any subsequent SHPD requirements applicable to the project prior to or during land-altering activities. In addition, if surface or subsurface archaeological or cultural resources, including human remains, structural features, cultural deposits, marine shell concentrations, or other potentially significant materials are encountered during demolition or construction, work should immediately cease in the vicinity of the discovery and SHPD should be contacted before work resumes. Protection of Waipilopilo Stream through appropriate setbacks, erosion and sediment-control BMPs, and avoidance of unnecessary disturbance within the stream corridor will further protect the remaining natural resources associated with the site. With these measures, the proposed development can reasonably protect any valued cultural, historical, or natural resources and associated Native Hawaiian rights that may be found to exist, consistent with PASH, Ka Paʻakai O Ka ʻĀina, HRS Chapter 6E, and HRS §205A-26. -14- Lastly, this approval is made with the understanding that the Applicant remains responsible for complying with all other applicable government requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the proposed development will not have substantial adverse impacts on the environment, nor will its approval be contrary to the objectives and policies of Chapter 205A, HRS, relating to Coastal Zone Management and Rule No. 9 of the Planning Commission relating to the Special Management Area. Approval of this request is subject to the following conditions: 1. The applicant(s), its successor(s), or assign(s) (Applicant) shall be responsible for complying with all stated conditions of approval. 2. The Applicant shall secure all necessary approvals and permits from other affected Federal, State, and County agencies as necessary to comply with all applicable laws and regulations. 3. Construction of the hotel and related improvements shall be conducted in a manner that is substantially representative of plans and details as contained within the SMA Application dated July 28, 2026, and representations made to the Windward Planning Commission. Other than the proposed project as described in this permit, no further work is permitted under this approval. 4. Construction of the proposed development shall be completed within five (5) years from the effective date of this permit. 5. As represented by the applicant, all hazardous albizia trees shall be removed from the property prior to commencing construction of the proposed hotel. -15- 6. Artificial light from exterior lighting fixtures, including, but not necessarily limited to floodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be prohibited if the light directly illuminates, or is directed to project across property boundaries toward, the shoreline and ocean waters, except as may otherwise be permitted pursuant to Section 205A-71(b), Hawai‘i Revised Statutes. 7. The applicant shall comply with Chapter 27 - Flood Control, of the Hawai‘i County Code. 8. All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai‘i County Code. 9. The property shall connect to the public sewer in accordance with Section 21-5 of the Hawai‘i County Code prior to issuance of a Certificate of Occupancy. 10. Prior to issuance of a water commitment by the Department of Water Supply (DWS), the Applicant shall submit estimated maximum daily water usage calculations prepared by a professional engineer licensed in the State of Hawaiʻi for review and approval by DWS. The calculations shall include estimated peak- flow demand and total maximum daily water usage, including irrigation and landscaping. Based upon the approved calculations, the Applicant shall comply with all applicable DWS requirements regarding water commitment, facilities charges, service lateral, and meter sizing. 11. The Applicant shall install a reduced-pressure-type backflow prevention assembly within five (5) feet of the water meter on private property. Any larger or additional meter required by DWS shall also be provided with an approved backflow prevention assembly. All assemblies shall be inspected and approved by DWS. 12. The Applicant shall coordinate with the Hawaiʻi Fire Department and Department of Water Supply and shall implement any required improvements or alternative measures necessary to satisfy applicable fire-protection requirements. 13. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. -16- 14. The Applicant shall ensure that excessive siltation and turbidity are contained or otherwise minimized through the use of silt containment devices or barriers, or other approved Best Management Practices to minimize impacts on the riparian areas. 15. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawai‘i. 16. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933- 7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 17. An initial extension of time for the performance of conditions within this permit may be granted by the Planning Director upon the following circumstances: A. 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. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for the granting of this permit. D. 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). -17- E. If the Applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission for appropriate action. 18. That in issuing this permit, the Commission has relied on the information and data that the Applicant has provided in connection with this permit. If, after granting this permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part, and/or the Commission may, in addition, institute appropriate legal proceedings. 19. Should any of the foregoing conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate procedures to revoke the permit.