2020-12-17 Leeward Planning Commission Minutes

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where it became necessary for her to mute a commissioner's microphone, which she found to be unfortunate and inappropriate. She asked the Commissioners to remember to listen to and to heed the call of the chairperson. She said that it was important for all the Commissioners to remember that they sit on the Commission to serve the County and the community and not to argue and make things difficult. MINUTES Approval of the Minutes of the November 19, 2020, Leeward Planning Commission meeting. At 1:17 p.m. it was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that the minutes be approved as submitted. A voice vote was taken, and the motion carried with all in favor. ADMINISTRATIVE MATTERS Chair Carr Smith said that the Commission would take up the four items in this section of the agenda out of order and hold the election of officers last. 1. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. At 1:18 p.m. Mr. Darrow called the Commissioners' attention to a Special Management Area Use Permit Assessment("Assessment") application log that had been distributed to the Commissioners by email earlier. He said that there was nothing on the log that stood out, and that the volume was balanced between East Hawaii and West Hawaii at this time. Mr. Darrow then referred the Commissioners to two sample letters, namely an exemption letter and an SMA Use Permit-Minor ("Minor Permit"),that had been emailed to the Commissioners as requested by Commissioner Van Pernis at the previous meeting. He provided the following information on the two samples: • Exemption letter: If a project is deemed exempt through the Assessment process, an exemption letter is sent to the applicant, identifying the determination and its basis, along with a list of conditions to ensure safe construction, normally including a timeline, as the law and the rules give the Planning Department the ability to impose conditions on exemptions. • Minor Permit: An SMA Use Permit, Minor or Major, is triggered when a project is not exempt. For instance, the sample Minor Permit is for conversion of a single-family dwelling into a duplex. A single-family dwelling would normally be exempt, but since it is now a duplex, the value of the second dwelling is assessed; if the value is under $500,000, a Minor Permit is issued administratively, or else the project goes through the SMA Use Permit-Major process before the Planning Commission. Mr. Darrow also spoke of recent changes to the Hawaii Coastal Zone Management laws, Act 16. He said that the changes included a requirement for an SMA Use Permit for any single-family 3 Leeward Planning Commission December 17,2020,Meeting Minutes