2006-07-06_Memorandum_re_Puu_Lani_Ranch

Home

In other words, it is illogical to think that the Planning Director is without implied powers to enforce the conditions imposed for final subdivision approval after final subdivision has been granted. The Planning Director's powers are broadly stated in Section 6-4.2 of the Charter because as a practical matter, the County Council cannot foresee all the problems incidental to carrying out the duties and responsibilities of the Planning Director. As a condition of final subdivision approval, PLRC was required to preserve a historic site,which it failed to do. Like any other condition required for securing final subdivision approval, the Planning Director has implied powers to enforce the condition. The remedial action required by the Planning Director as stated in his March 20, 2006 letter to PLRC does not require PLRC to do any more than what PLRC was originally required to do to secure final subdivision approval. As for the withholding of a building permit: the ability to get a building permit for a house on this lot was contingent upon final subdivision approval. The subdivision allowed PLRC to make many lots, on each of which, PLRC could get a building permit for a farm dwelling. The final subdivision approval was on condition that the preservation plan be finished (which included the actual preservation of the site.) The condition has been breached. While it is impossible to undo the subdivision by re- consolidating this lot with an adjoining property(because adjoining lots do not belong to this owner), it is possible to prevent PLRC from realizing the benefit of the subdivision by issuing building permits for Lot 54, only so long as no development area falls within the established site boundary. 8