07-15-2022 Applicant Response to Hualalai Comm. Assoc. Testimony (REMAND SPP-16-188)

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Law Offices of Yeh & Kim RONALD N.W.KIM RKim@yehandkim.com OF COUNSEL: 505 Kilauea Avenue, Suite B, Hilo, Hawaii 96720-3059 THOMAS L.H.YEH TLY(cr;yehandkimxom Telephone: (808) 961-0055 JILL D.RAZNOV Jramov@yehandkim.com Website: www.yehandklm.com JOHN MUKAJ jmukai(uyehandkim.com July 15, 2022 Michael Vitousek, as Chairman for the Leeward Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Via email to LPCtestimony@hawaiicounty.gov Re: Bolton, Inc.'s Response to Testimony of The Community Associations of Hualalai, Inc. for Leeward Planning Commission Hearing on July 21, 2022, Remand of Special Permit Application of BOLTON INC. (REMAND SPP NO. 16-000188) Dear Mr. Vitousek, Bolton, Inc. ("Bolton") submits this additional testimony for the Leeward Planning Commission's consideration in light of Petitioner the Community Associations at Hualalai, Inc.'s ("Petitioner") recently submitted testimony. Bolton notes that: a) the Leeward Planning Commission lacks jurisdiction to review the Planning Director's decisions, b) that the Special Permit Application before the Leeward Planning Commission in Special Permit SPP NO. 16- 000188 was for a baseyard/staging area and commercial excavation, and not the drainage floodway improvement project, and c) that two of Petitioner's members have foundational association documents which bar them from pursuing the complaints in their Petition. The Leeward Planning Commission lacks jurisdiction to review the Planning Director's decisions and/or application of Hawaii Revised Statutes ("HRS") Chapter 205 or the Zoning Code, as the Hawaii County Board of Appeals and not the Leeward Planning Commission has jurisdiction to review such decisions. The Planning Director is authorized to administer and enforce zoning laws. See County Charter § 6-7.2; HRS § 205-12; Hawaii County Code ("HCC") § 25-2-1. In contrast to the dearth of authority granted to the Leeward Planning Commission to review the Planning Director's decisions, the Hawaii County Board of Appeals expressly has jurisdiction to review the Planning Director's decisions. See County Charter § 6- 9.2, HCC § 25-2-20. The Leeward Planning Commission has the jurisdictional authority to ultimately grant or deny an application for a Special Permit. HRS § 205-6. The Planning Commissions delegated the authority to handle accepting and processing applications for Special Permits to the Planning Department. See Rule 6-4 of the Planning Commission's Rules of Practice and Procedure. The Leeward Planning Commission's jurisdiction in this matter was over Bolton's Special Permit application for a baseyard or staging area and commercial