2003-10-22 Amended Findings of Fact Conclusions of Law Order Regarding Trial on Count IV of the Fifth Amended Complaint

Home

55. Through Ms. Low's letter, Oceanside had express notice in 1994 that its proposed development did not comply with governing state land use laws, which preempted any apparent County authority for residential residences on agricultural land. 56. Earlier that year, another Oceanside attorney, Ben Kudo, had advised that "...the LUC � ] is not expected to rule in favor of agricultural lots being used for residential uses. Developers will be forced to urbanize their lands in order to put them to residential uses in the future."Exh PKO-709, Ltr.from A Kudo to R Frye (912194). 57. In 1995, Oceanside amended its development plan for the Villages at Hokukano to rezone all areas containing residential development,including both the mauka and makai areas of its 1550 acres,to Ag-1 a,and changed the name of the project to "Hokuli'a." Test. R Stuit(7 123103). 58. The 1995 plan to rezone all residential lots to Ag-la was the final project configuration; Oceanside management ignored Ms. Schutte's advice that they seek review of its planned project by the LUC once it was amended and finalized, even though its Final Environmental Impact Statement("FEIS')provided that Oceanside would seek a boundary amendment from the LUC.4 59. In 1995, after Oceanside revised its project to 730 residential lots, Gregory G.Y. Pai, OSP director,conveyed his doubts about the agricultural nature of Oceanside's project in light of the farm-dwelling requirement; 4 Specifically,the FEIS,Exh. PKO-679,at p. 114,states: For the project to move forward,a land use district boundary amendment will be submitted to the State Land Use Commission, to redesignate approximately 863 acres of the Agricultural District Lands for Low and Medium Density Urban uses. This will allow development of the proposed members, lodge and a predominately single family residential development in neighborhoods ranging in density from 2 to 4.7 units per acre. While the FEIS contemplates lot sizes that are smaller than the current project,Oceanside knew that in order to build luxury residences(non-farm dwellings)on Agricultural land,it would need to have the land reclassified as Urban. 12