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have to do. So, I submit that that the Planning Commission should reject the hearings officer’s
<br />decision and approve the application. Thank you.
<br />
<br />GONZALES: Do any of the Commissioners have questions for Mr. Hong at this time? Okay.
<br />
<br />FUKE: Good afternoon Mr. Chairman—
<br />
<br />GONZALES: Good morning.
<br />
<br />FUKE: --and Members of this Commission. My name is Sidney Fuke. I’m over here as an
<br />advisor to the intervenor, Mr. Ted (sic) Gomes. So, he had asked me to, if I would assist him in
<br />providing the summary, you know, this portion here. So, with your indulgence, I’d like to go
<br />through, using this podium, because you know I, I have a hard time looking at both sides.
<br />Anyway, so, I think on the process like the staff had explained it so I’m just going to skip
<br />through that. One thing that Mr. Gomes and I guess, you know, he was really representing the
<br />community for the most part. It’s just that noting that as was evident by today’s testimony, that
<br />for the most part, people were not questioning the nature of the school itself but they had some
<br />concerns about the appropriateness of the location. And as pointed out by the hearings officer’s
<br />report, is it’s the applicant’s and not necessarily the community or the intervenor’s burden,
<br />responsibility to have the burden of proof to show how the request is consistent with the
<br />guidelines of the Special Permit and that has to be done by preponderance of evidence. So, the
<br />statement that you know the intervenor did not provide corroborating witnesses and all that stuff,
<br />bear in mind that, that burden really rests on with the applicant themselves. The critical thing is
<br />like you know they make reference to the General Plan, sure—let’s look at the Land Use Pattern
<br />Allocation Guide Map. There’s no question that the property is in the Low Density area, but
<br />having a property within the Low Density area does not in and of itself suggest that it should
<br />automatically be approved. You could have properties that, within the Low Density area and
<br />sometimes it says commercial uses are okay, but you may need to go through the rezoning
<br />process. Or you may need to go through a Use Permit process. So, just because the map shows
<br />that this is an area for Low Density and schools are, you know, should be automatically
<br />permitted, it’s not true.
<br />
<br />The very fact that earlier, the, you know on your earlier application this morning, you had a
<br />request for a, I guess a body fender shop up in the Puna District. If you check the General Plan
<br />map, it’s not going to show you Industrial, so then the map is basically to serve as a guide. So,
<br />then the question becomes if the General Plan as a guide then what, you know the map portion,
<br />then what is, what are the more critical components. The more critical components become,
<br />become the policies portion. And, here, I just selected certain portions, and let’s just look at
<br />what this says. In public facilities, it says, encourage the provision of public facilities that
<br />effectively service the community in keeping with environmental and aesthetic concerns of the
<br />community. I gotta emphasize, the real emphasis is in community.
<br />
<br />And in the land use portion again, it talks about encouraging the development and maintenance
<br />of communities meeting the needs of its residents. The Use Permit, I put the use permit criteria
<br />because even if, even if the property were in the State Land Use Urban District, it was zoned Ag
<br />or zoned Residential, you still needed to have a Use Permit before a school could be established.
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<br />EXHIBIT F
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