Laserfiche WebLink
language in the CDP, as opposed to the language in the General Plan? In other words, said to a <br />decision maker, it be at the Planning Department or the County Council, that they erred by not <br />deferring to the language in the CDP. Has that ever happened? <br />SELF: There is a Supreme, Hawaii Supreme Court case. I think it'sis it the Breshia case in, <br />but it's Maui County. Theirs is set up a little differently. Maui County adopted their CDP's by <br />amending their General Plan so their CDP's are part of the General Plan. I can tell you that there <br />is a Hawaii Supreme Court case. It says the General Plan—that the zoning has to be consistent <br />with the General Plan. So, we have that. I'm going blank right now. There is a case regarding <br />the Maui CDP, and I can't recall right now the specifics, but the court would look at that. I <br />mean, this is going to be adopted by ordinance so what the Planning Department will be doing is <br />when a permit application comes in for Ka`u area, they will be looking to see if it's consistent <br />with the CDP, with the language of the CDP. And, they will also be looking to make sure that <br />it's consistent with the General Plan. <br />The language is like, for instance, let's take the General Plan. The General Plan has a lot of <br />language describing what the direction they hope the growth will take, but when you get to the <br />regulatory portion, that's actually the LUPAG Map, `cause that actually defines the use of <br />different areas of the Island. So, that's why the Supreme Court said the zoning has to be <br />consistent with the General Plan. So, if you, if you're trying to get a if you're trying to use <br />your land for a particular use and your zoning does not match what's in the General Plan <br />LUPAG Map, then you're going to have to try and get the General Plan LUPAG Map amended. <br />So, there's a process for that. <br />Where you have language in the CDP that is very strong language encouraging certain growth <br />patterns, if it's not consistent with the General Plan, just like Ron said, you would have to go in <br />for a General Plan amendment if you want to push that part of the CDP. <br />So, it's not going to ever be like black and white. The law never is. But, we just have to put <br />forth our best argument if we get challenged which is what we did with the Kona CDP, and we'll <br />see how that turns out. We have no idea yet. <br />HENKEL: Thank you, Amy. Any other questions or comments from the Commission? <br />MIYASATO: Chair, I have a comment. <br />HENKEL: Go ahead, Myles. <br />MIYASATO: Yeah, you know, I'd just like to thank all of you for coming out. At least you <br />folks had to drive this time. Thank you for coming out, and, you know, great work on the CDP. <br />Thank you for your testimony. It gave us a lot of more insight on the development and what you <br />folks went through to put this CDP together. <br />You know, as far as the shoreline, you know, it seems to be a hot topic, and I can see how a lot <br />of discussion or argument between the community members went about on that subject. And, <br />you know, I think its healthy discussion that was, as was brought up on that topic. You know, I <br />EXHIBIT C <br />13 <br />