PL-SPP-2022-000016 Neighbors (official version) P. Tama Testimony 01.03.23

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to cease operations until such time as everythinc�is permitted and up to code." (a 75 PD Background Report) [emphasis added] On October 21 , Land Planning Hawaii LLC responded: "Due to financial circumstances the applicant has resumed operating the retreat center." And so, illegal operations have continued to this day. Moreover, on P. 6 of the PD Reommendations the State Department of Health wrote, [We] "highly recommend non-issuance of the permit until all building and wastewater system violations are resolved." Why on earth would the PD overrule the State Dept of Health? And with no justification at all? Isn't health the most basic, important value of all? This is another example of appearance of conflict of interest between Land Planning Hawaii LLC and the PD. Condition 3: If the Special Permit is approved, the holistic education center must cease normal operations until such time as all infrastructure conditions (as recommended by the PD in Recommendations 6, 7, and 8), and all as-built and change of use building permits are brought up to code and finalized 4 Burden of Proof on County PD and on Applicant for "financial circumstances": Neighbor-Recommendation Condition 4. On October 21 , The Land Planning Hawaii stated: "Due to financial circumstances the applicant has resumed operating the retreat center." [p.88 PD Background Report] The Planning Department has accepted, uncritically, the fact that the Applicant's claim of "financial circumstances" (without evidence, justification or verification) allows him to continue operations without consequences for any of his previous violations during the past three years, and to continue operating the illegal structures for an additional year (see PD Rec 3 and 24). We believe the burden of proof is on the PD to justify why it didn't request verifying evidence of the "financial circumstances" which allowed