2004-09-16 TCONTINENTAL - Laserfiche WebLink

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The legal requirements of HCC 34 are not discretionary and have not been met by the Planning Department andContinental Pacific, LLC. The only fair way to mitigate the harm caused to the community and members of the public and to assure therewill be no manifest injustice affecting the substantial rights of members of the public in this proceeding would be suspend this proceeding, and review of any subdivision applications or any relatedapplications for all parcels created by Subdivision 7644 until which time the requirements of Chapter 34 are met and any breach of the April 12, 2002 Settlement Agreement is cured. Thank you for your time. GALDONES:Thank you, Ms. Rohr. Commissioners? Commissioner Springer? SPRINGER:I have some questions of the Planning Director regarding the testifiers comments. I guess, first of all, cause thats the closest to the front of my memory, on the recommended suspension of these proceedings, do you have a comment on that with regard to the Chapter 34 and the settlement agreement? YUEN:Weve negotiated a public access, public access is open. I mean, in fact, people go down and use it, theyre not being blocked from using it. The settlement agreement did say that the official opening of public access, and by that I mean when we would have signs anditreallyisofficiallyCountyresponsibility,wouldtakeplaceupontheadoptionofusage rules. That part is my fault. I havent finished the usage rules. We have circulated a set of usage rules to public agencies. We havent put them out for public comment and rule-making yet. I expect to do that really soon. These are rules that say things like No setting fires, No littering, etc. Without those rules in place, the authority of the County on these public accesses is a little bit uncertain as to how people are supposed to behave themselves. So, at the moment, it is a matter of good grace by the landowner that the public access is physically open. We hope to get this squared away pretty soon and finalize the rules so that then when the County officially takes it over, then there are rules in place to govern how people act. We have processed the subdivision approvals, though. Theyve laid out the subdivision. Theyve laid out the public access on the ground so that it is, if there is any difficulty we do have, there isnt any difficulty with their being a public access and it being legally assured. ROHR:I disagree. GALDONES:Commissioner Springer? SPRINGER:Thank you. Furthermore, on the matter of the public road and the references to the Hawaii Belt Highway as compared to the Mill Road to satisfy conditions of public access, can you comment on that? YUEN:Yes. Both the settlement agreement and the subdivision documents, Mill Road and Railroad are, theres public right to drive those for use of the public access from the 22