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POP: gatri v. Mane Page 4 of 11 _ 7. The proposed development is consistent with the Maui County Comprehensive Zoning Ordinance. Maui County Code, Section 19.22.020. 8. The Kihei-Makena Community Plan expressly states that it is a "guide to making decisions regarding development of the region until the year 2000, ...and thus the Kihei-Makena Community Plan does not have the force and effect of law. See, [Protect Ala Wai]. 9. For purposes of the Coastal Zone Management Act, a proposed development is eP r se in conformity with the General Plan if the project site was zoned prior to the adoption with [sic] the General Plan and the proposed development is in accordance with the zoning. [Protect Ala Wai]. 10. The proposed development is ep r se consistent with the Maui County General Plan and therefore, the Kihei-Makena Community Plan. TT IS THEREFORE ORDERED THAT: That [the Director] is ordered to issue a special management area minor permit that authorizes [GATRI] to construct the proposed development. The Director timely appealed the order and judgment of the circuit court. On appeal, the Director argues that: (1) the circuit court did not have jurisdiction over the agency appeal; (2) the Director's decision not to process GATRPs application was not erroneous; (3) the circuit court erred in ordering that the permit be issued, instead of reversing only the Director's decision not to process the application. We need address only the Director's first and second points of ettor.II. DISCUSSION A. The circuit court had jurisdiction over this appeal The Director argues that the circuit court etted by exercising jurisdiction over this appeal because GATRI had not exhausted its administrative remedies. The Director asserts that GATRI's appeal of his decision was required to go to the Maui Planning Commission initially. The Director bases his argument on the provision in the Maui County Charter that provides that the Maui Planning Commission shall "act as the authority in all matters relating to the Coastal Zone Management law. Therefore, he argues that the Commission retains the final authority to make decisions regarding the issuance of SMA permits and the Director's decision must be first appealed to the Commission. We disagree. The Maui SMA rules provide that: (a) ....The director shall approve approve with conditions or denv [a special management area minor] permit in accordance with the guidelines in HRS section 205A-26, as amended. Any final decision shall be transmitted to the applicant in writing. (b) The director shall notify__the commission, at the commission's next regularly scheduled meeting, of the issuance by the director of special management area minor permits, receipt of which shall be acknowledged by the commission. http://www.hawaii.gov/jud/20385.htm 12/22/2006