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POP: gatri v. blane Page 2 of 11 OPINION OF THE COURT BY NAKAYAMA, J. Defendant-appellee/appellant David Blane, in his capacity as the Director of the Department of Planning of the County of Maui (Director), appeals an order of the circuit court which reversed his decision not to process a special management area (SMA) permit application submitted by applicant-appellant/appellee GATRI, a Hawai i limited partnership. The Director had determined that the proposed use of the subject pazcel was inconsistent with the community plan for the area. The circuit court held that: (1) the community plan did not have the force and effect of law; (2) the proposed use was expressly permitted by the zoning ordinance governing the parcel; (3) the proposed use was therefore ear se in conformity with the general plan; and (4) the project would not have an adverse impact on the environment. Therefore, the circuit court ordered the Director to issue the SMA permit to GATRI. We hold that the circuit court erred in determining that the Maui county community plan, specifically implementing the general plan, did not have the force and effect of law for the purposes of an SMA permit application, overruling in part Protect Ala Wai Skyline v Land Use and Controls Commission of the Cites Council of the City and County of Honolulu, 6 Haw. App. 540, 735 P.2d 950 (1987). Moreover, we hold that the Director did not err in finding that the proposed development was inconsistent with the governing community plan. Therefore, we reverse the judgment and order of the circuit court and affirm the Director's decision. L BACKGROUND On February 27, 1992, GATRI submitted an SMA permit application to the Planning Department of the County of Maui. GATRI wished to develop a restaurant pazk commercial project on a parcel of land it owned in Khei, Maui. The property was zoned as B-R Resort/Commercial. It is undisputed that GATRPs proposed use is an allowable use under B-R Resort/Commercial zoning. The Khei/NIlcena Community Plan designation for the property was single-family residential. Two single family residences were developed on the property at the time of the application. A contested case hearing on GATRPs application was held before the Maui Planning Commission on May 5 and 6, 1993. After a hearing, the hearings officer recommended denial of the permit application on the grounds that the proposed development was inconsistent with the community plan for the parcel. On December 7, 1993, the Commission voted to defer action on GATRI's application until potential changes to the community plan were voted on by the Maui county council. On Mazch 8, 1996, GATRI submitted another application for an SMA permit for its property. This application was for a minor SMA permits to construct a 470 squaze foot commercial building to be used as a snack shop. The minor permit application went to the Director for processing. On Mazch 29, 1996, the Director, via letter, informed GATRI that: [P]lease be advised that the proposed restaurant use for the property is inconsistent with the "single- family" land-use designation in the ffihei-Makena Community plan, and therefore, said use is inconsistent with the county general plan. In accordance with the [Maui SMA Rules], Section 12-202-12, and in consideration of the above determination, the proposed action cannot be processed because it is not consistent with the community plan, unless a community plan amendment to designate business is processed concurrently with the SMA permit application. http://www.hawaii.gov/jud/20385.htm 12/22/2006