2014-04-03HEARINGTRANSCRIPT-PD INITIATED USE 12-034 & AMEND USE 12-034

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construction was taking place and the connection to Kaūmana Drive had not been finalized. Therefore, pursuant to the language of the Use Permit, the Planning Director initiated a violation notice to the Planning Commission requesting that this matter be brought forward, and that’s why we’re sitting here today. And so if you have any specific questions regarding the violation, we’d be happy to address those items. GONZALES: Questions, Commissioners? KANUHA: Mr. Chairman? GONZALES: Yes sir. KANUHA: Just a little more clarification. Normally, we would be able to pursue administratively—administratively pursue violations of conditions, but since this permit and the conditions attached thereto were issued by the Commission, our only recourse is to bring it back to the Commission for the Commission to, to rule on whether or not they felt it was a violation of their condition. As you will see as we move through the process, we’re also suggesting a condition, a standard condition, for these kinds of applications that come before the Commission to authorize, that the Commission authorizes the Department to pursue you know any violation of your conditions because without something like that, every application that has a potential or an alleged violation, our only recourse is to bring it back to the Commission. So, you know, I hope that kind of sets the stage of where we are now and in the process of that, the applicant has come in for an amendment which is separate but it’s related to why we’re here today. GONZALES: So, is it— ISHIBASHI: Brother Chair— GONZALES: Yeah, go ahead Mr.— ISHIBASHI: Thank you. We—I would like to hear from the road department, Department of Transportation also, but first before you leave, what kind of penalties, if any, can we render to the developer for violating such condition? KANUHA: For violations, the Department has criteria and rules of what those are, but that’s for the department— ISHIBASHI: That’s what you’re asking for—that you have that latitude to- KANUHA: Correct. The Commission itself doesn’t have, you know, any standard. And so you know that’s why if there were monetary fines issued because of confirmed violations, we couldn’t issue them because it’s still your permit. So, that’s why we’re trying to close that—you know officially close that gap so that we’ll be able to pursue it. And if on a case-by-case basis, if it’s severe enough where it can’t be resolved by monetary fines or other estoppel kind of practices, then we’ll bring it back to the Commission for the Commission to actually take action on their own. 6 EXHIBIT F