2005-05-06 Answering Brief Re Ainaola Development

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And in addition to that, in light of the applicant's then ability to share what, what he perceived as being what he doesn't have, some measure of reduction to the—what was previously committed into the County—to the community which was codified as conditions of approval with the—in conjunction with the use permit and the special permit. And specifically, this relates to—in lieu of constructing the Ainaloa Boulevard to County dedicable standard,you know, to contribute a million dollars of,you know, to the County or whoever owns the road,you know, to improve Ainaloa Boulevard along that line. CCTr, ROA-E at 129-130. County Planner Norman Hayashi testified that"because the community relied upon the representations" they were made conditions of the permit. CCTr, ROA-E at 181. The 1992 Use Permit No. 106 expressly found that these commitments were part of the basis for the granting of the permit, incorporating them into conditions: All essential utilities and services required for the development of a golf course and related facilities are or will be made available. Conditions of approval relative to the provision of such services are being proposed. These include off- site roadway improvements and other community benefit assessments meeting with the approval with the Department of Planning and affected agencies. In the area of roads, . . . Ainaloa Boulevard shall be upgraded to County-dedicable standards from the Keaau-Pahoa road intersection to the proposed entrance of the project. Also required shall be installation of stop signs and street lights at road intersections that front Ainaloa Boulevard with an existing power pole. All roadway improvements shall be installed prior to occupancy. Use Permit No. 106, Nov. 9, 1992, p. 4 (ADC Opening Brief, Appendix 2-4) As explained above, ADC failed to appeal the imposition of Condition No. 7, which was based on the representations of benefits made by ADC. ADC cannot now attempt to revive its appeal rights, 12.5 years later. In fact, ADC representative Sidney Fuke testified that the same 1992 rules and findings still apply: And the last criteria for considering time extension was whether the reasons,you know, the relationship to the use permit and the special permit. And they have, to my knowledge; there has been no changes or amendments to the criteria for issuing a use permit or special permit. And so I think that the Commission's findings back in 1992 also apply to today. 21