2021-05-06 Windward Planning Commission Minutes

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are being impacted by heavy use or recreation when updates are done with the Planning Commission and Planning Department rules. Commissioner Clarkson asked to go back to a presentation slide when Rule 9 was discussed, back to the criteria of substantial adverse effect on affects air, water quality or noise levels. He mentioned in today's meeting they were instructed not consider noise levels and wondered how staff reconciled that with the Planning Commission rules. Ms. Jackson replied it relates more to substantial effects on the coastal resources and not on the population. The concern in the meeting was the effect of the noise from cars idling in the drive-through on a neighbor whereas this section of the PC rule relates more to the effect of noise on the coastal resources. Commissioner Clarkson stated, "such as coastal fauna" and Ms. Jackson replied "exactly". She also mentioned she will share the Topliss versus Planning Commission decision (9 HAW. App. 377, 842 P.2d 648 (1993) with the Commission, whereby the court had overturned the Planning Commission's decision on a SMA because they had denied the permit based on traffic issue. Commissioner Au made a comment that he understands the State and County has procedures that needs to be followed. As Commissioners they are volunteers who represents the public and are part of the public input process. He mentioned when concerns are brought up whether it is irrelevant or not to the State or County rules, the Commission has to bring it up as that is part of the public input process. This hearing item ended at 12:20 p.m. [SEE ATTACHED POWERPOINT PRESENTATION EXHIBIT DJ 2. Discussion of recent Special Management Area(SMA) determinations, minor permits and enforcement action issued by the Planning Director. The Commission took this item up at 12:20 p.m. Ms. Jackson said the Special Management Area(SMA) Assessment log and the Short-Form log were provided and asked if the Commission had questions. There was no discussion or questions on the recent SMA logs. ANNOUNCEMENTS Ms. Jackson said there are no announcements. ADJOURNMENT Prior to adjournment, Commissioner Replogle thanked Vice Chair Aguinaldo and apologized to the Commission for the vandals that broke into the cell tower in his area the night before. There being no further business, it was moved by Commissioner Replogle and seconded by Commissioner Galimba that the meeting be adjourned. A voice vote on the motion to adjourn was taken, and the motion carried with none opposed. Vice Chairman Aguinaldo adjourned the meeting at 12:22 p.m. Page 4 of 5 Windward Planning Commission May 6,2021 Minutes