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

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32. The success of coffee farms in Kona has been attributed mainly to the family farm system whereby the family living on the land farms the land. Id The high cost of land at HokulPa precludes coffee as a commercially viable crop. Id 33. County of Hawaii Planning Director Christopher Yuen reviewed Oceanside's Declaration of Covenants, Conditions and Restrictions for Hokvli'a dated December 20, 1999 ("CCR's"). Test. Christopher Yuen, (718103). 34. Mr. Yuen believes that the terms of Oceanside's CCR's create a compliance problem with HRS Chapter 205; this should have alerted the County Planning Department to hold- up subdivision approval. Id 35. Mr. Yuen's review of the county records indicate that at the time of subdivision approval its staff did not review the CCR's. Id The County of Hawaii did not receive the CCR's prior to subdivision approval. Id Subdivision Control Code, Section 23,requires the County to review at least an outline or summary of these deed restrictions. Id 36. As a matter of practice,the County of Hawaii does not require a developer to Provide this summary or outline of deed restrictions and did not do so in this case. Id 37. The County of Hawaii will ask and review a copy of the deed restrictions at the time Oceanside requests approval of phase M. Id 38. Unless instructed or ordered otherwise,the County of Hawaii will continue to issue permits for the construction and completion of Phases I and II of the Hokuli'a project. Id 39. The County does not provide public notice of subdivision approvals, even to parties who object to the subdivision approval. Id 8