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From: Mark Van Pernis <br /> To: LPCtestimonv <br /> Cc: Mark Van Pernis;Villeaas. Rebecca; Baez,Wendy; Inaba.Holeka;Cindy Evans; Kimball. Heather; Kanealii- <br /> Kleinfelder,Matt;Galimba,Michelle M. <br /> Subject: LPC June 15 agenda,unfinished biz,#3,OCEANSIDE 1250.Dear Noriko, Please replace the errors of the version <br /> of the below sent in yesterday with the below correct version. <br /> Date: Sunday,June 11,2023 10:51:59 AM <br /> Decades ago,then Mayor Yamashiro and Oceanside 1250 LLC manipulated a luxury residential and golf course <br /> development on agricultural zoned property,with no enforcement or sunset provisions, There was opposition to the <br /> proposed development because of the alleged misuse of Agricultural zoning,and the LLC business model which <br /> could allow for avoidance of providing"promised"public benefits. In exchange for the huge increase in the <br /> value of the property,Oceanside"promised"many public benefits,including that referred to in this application.As <br /> requested by Oceanside,the County naively did not impose a requirement as to when all the public benefits would <br /> be delivered nor a sunset provision. After developing and selling the luxury lots to take out a big profit,Oceanside, <br /> true to its LLC(limited liability company)business model, declared"bankruptcy"to avoid much of the community <br /> benefits,and left the County and its taxpaying for the missing public benefits,including that referred to in the <br /> current application,which the County naively didn't require to be completed concurrently with the luxury lots or <br /> reasonably thereafter. The project was sold, with much of the profits removed,many years ago,with the conditions <br /> the subject application now seeks to avoid.The victims were the County,its residents,and the bonding company <br /> which bonded some of the benefits. It could be said that the original Oceanside laughed all the way to the bank. <br /> Now the new Oceanside is applying after decades of money saving delay,to completely avoid this known and <br /> accepted conditions intended for the benefit of the public,WITH NO OFFER WHATSOEVER OF AN <br /> ALTERNATIVE PUBLIC BENEFIT CONTRIBUTION,and a thinly veiled intention to entirely privatize and gate <br /> up the development,all without a sunset provision. Is the Leeward Planning Commission and County Council so <br /> naive and allegiant to developers at the expense of the public that it would grant this huge profitable benefit to <br /> Oceanside twenty years later,after it figured in that expense in its purchase?There may be some argument of <br /> "financial distress"after all these years,and that some of the benefits were provided. This is shibai,an old trick of <br /> developer representatives,and not to be believed here. The road is basically access to their development property <br /> and was completed by the County after a long delay and at increased cost. The community contributions of rare <br /> occasional use of the private golf/subdivision hale are manini in comparison to the millions in public benefits past <br /> due. If the public is to be denied access to the long past due public benefits and denied access to the golf,alternate <br /> contributions with dates for delivery and real sanctions for failure to timely provide them,must be imposed.An <br /> independent audit would show the abuse being applied for. <br /> The County was exploited years agofor the original project and its false promises,and profited handsomely at the <br /> people's expense. Is this to happen again now? How is the County to finaklly get i9ts due? Is"NO"in your <br /> vocabulary? <br /> The Planning Director,who may not know much of the history of this project,and may be interested in a developer <br /> friendly reputation now or in a future as a developer's representative,may have gone along with the false financial <br /> distress argument without an audit.and If past recommendations during his tenure as Planning Director are evidence <br /> of attitude,he is all too willing to through County residents under the bus in favor of developers,and not take <br /> advantage of opportunities for their benefit. <br /> Who do you represent ? Kina'ole. - do the right thing! <br /> Mark Van Pemis <br /> Kailua Kona,Hawaii <br /> Former Leeward Planning Commissioner and Kalua Village Design Commissioner <br />