2004-09-16 TCONTINENTALSMA 03-016

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I dont like to feel like Im trespassing. Thats why Im asking today that you direct the Planning Director to open the public access. This was a contract, and in any good contract you give something to get something. What Continental Pacific gave in order to get this huge property developed as a PC&R was certain conditions, of which are public access. Im asking that before they get their end of the contract satisfied that they show performance. I think theyre in breach of contract. Thank you. Thats all I have to say. GALDONES:Any questions, Commissioners? Commissioner Springer? SPRINGER:Just if I could ask the Director to respond to the most recent comments regarding breach of contract. YUEN:Well, the settlement agreement says, as far as the vehicular rights-of-way, says,--andthisisincorporatedintotheSMApermit--itsaysthereshallbepublicvehicular access allowed on Pepeekeo Mill Road and along the old railroad right-of-way, the present road along Waimaao Streatm, unless equivalent vehicular access is provided. Thats the road leading, Waimaao Stream is the stream on the Hilo side of this application, and there is a road paralleling that that leads to the subdivision. A new 10-foot-wide driveway from the railroad right-of-way down along Kapehu Stream to the public access parking area at the beach road cul-de-sac and along the segment of land leading makai from banyan tree on TMK (3)2-8-9-1 to various public parking easements as shown on Exhibit A. So thats all covered. Its incorporated into the SMA permit. And then one last point of clarification as to what is, what my obligations are here, and yours. The settlement agreement did not obligate the Planning Director to recommend approval of this SMA application. We are, however, recommending approval of it. That was not part of the settlement agreement. And, of course, the Commission does retain its ultimate authority to accept, reject, or modify my recommendations. GALDONES:Commissioner Springer. SPRINGER:Im looking at the settlement document on Page 9, Section , where C-5 theres a discussion of when the public accesses shall be officially open. And just clarify for me if previous testimony indicated that although the easement documents have not been accepted by both parties, the applicant has made the area accessible to the public. Do I ? YUEN:Yes. SPRINGER:And is that, to your knowledge, Mr. Yuen, is that between 6:00 a.m. and 6:00 p.m. seven days a week? YUEN:Well, why dont you bring them up to ask them, because I dont know any hours -. I dont know of any actual policing going on as far as the public use of the area, though. 5