2021-03-18 Leeward Exh B (USE 21-085)

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CARR SMITH: Chair Vitousek? VITOUSEK: Yes, Commissioner Carr Smith. CARR SMITH: Could we go ahead and hear the applicant's presentation so we can see where they stand on this? VITOUSEK: Sure. Commissioner Van Pernis, is there anything else you want to add before we have the staff, applicant's presentation? VAN PERNIS: Yes, I'd like to have a question of Ms. Hall or Ms. Jackson in response to what has been said. Is it correct, am I correct in saying that the state could take legal action to limit the guests to six while the county depending on the ordinance say 10? And then if the state prevails, the county would have liability to the applicant for the lost income of the additional four? HALL: I'm sorry, Commissioner Vitousek, I mean, Van Pernis, I'm going to need you to repeat your question. VAN PERNIS: Okay, if the state through its action, legal action or otherwise, limits the B and B to six persons while the county ordinance says 10 people, does the county end up with liability to the applicant for the additional four that were approved in violation of the state? HALL: I would have to do research into the case law, but I'm going to, off the top of my head, I'm going to say no. VITOUSEK: I just want to add, I think I've got a little bit of more information you know, nice thing about having these meetings online and having two computer screens is that I looked up the Hawaii Administrative Rules, Chapter 50, and there is no definition of bed and breakfast in that, in that administrative rule. What is stated about bed and breakfast is that an exemption to the food establishment permit is provided for a bed and breakfast that is under six guests. So, therefore, if a bed and breakfast is over six guests, they have to get a food establishment permit from the state. So there is no limit on the number of guests imposed by the state's food service rules; it's simply a requirement that they then get a food service permit. So with that, I think we are, we are addressed, and we can move on on that subject. The county does have authority to grant a permit for up to 10 guests. With that, we can bring in the applicant—let me get back to my script, hold on one second, shoot, that's the downside of having too many screens. Okay, we are good to go. So, the applicants, could you please raise your right hand? Do you swear or affirm to tell the truth on this matter before the Leeward Planning Commission? AREJIAN: Yes. PIPAN: I do. 8 EXHIBIT B