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Development Agreement simply incorporated by reference the dedication requirements for these <br /> roadways set forth only in Ordinance No. 96-8. See Exhibit C at 4-5."2(d)(l)-(2).3 <br /> B. Construction Standards for the Mauka Haleki`i Extension. Makai Haleki`i <br /> Extension, and Connector Road. <br /> 1. Whether the express terms of the Ordinances set specific construction <br /> standards to which the Mauka Haleki`i Extension, Makai Haleki'I <br /> Extension, and Connector Road must be built to? <br /> No. Neither Ordinance No. 96-7 nor Ordinance No. 96-8 set forth specific construction <br /> standards for the Mauka Haleki'i Extension, Makai Haleki`i Extension, and Connector Road. <br /> See Wells Fargo Bank, N.A., 142 Hawai`i at 449, 420 P.3d at 380("`The fundamental starting <br /> point of statutory interpretation is the language of the statute itself,' and 'where the statutory <br /> language is unambiguous, our duty is to give effect to its plain and obvious meaning."). Nor do <br /> they reference any provision in Chapter 23.4 Instead,the Ordinances provide only that: <br /> Roadway improvements and access(es)to the subject property, including all plans <br /> and construction,shall meet with the approval of the Department of Public <br /> Works. <br /> Exhibit A at 14 (emphasis added); see also Exhibit B at 23 (same).5 <br /> The Hawai`i Supreme Court has rejected past attempts to interpret conditions of approval <br /> as"carry[ing] a `special interpretation' other than [their] common sense meaning." Lana`fans <br /> for Sensible Growth v. Land Use Comm'n, 146 Hawaii 496, 503,463 P.3d 1153, 1160 (2020). <br /> 3 This is in stark contrast to the Bypass Extension, for which the Development Agreement <br /> contains specific dedication requirements. See Exhibit C at 13,¶14. <br /> 4 Ordinance No. 96-8 amended and superseded Ordinance No. 94-73. See Exhibit B at 1. While <br /> Ordinance No. 94-73 contained a single reference to Chapter 23 in connection with the Bypass <br /> Extension,that reference was deleted with the adoption of Ordinance No. 96-8. See id. at 25 <br /> (deleted language shown in brackets). <br /> 5 Both Ordinances required the"phasing of improvements" for the Mauka Halekii Extension and <br /> Makai Halekii Extension to "be approved by the Department of Public Works." See Exhibit A at <br /> 15; Exhibit B at 24. <br /> 4862-5574-8005.3.051730-00058 -18- <br /> 22 <br />