PD BACKGROUND REPORT (PL-SMA-2023-000027)

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parking area. The other is having the zoning code applied equitably, lest it be in contravention to the spirit and principle of"equal protection of the law." The last reason is whether the condition itself is in fact legal. NEED FOR CONTROL: As for the principal reason, since there are no controls over its use, vehicles have parked there for extended periods, with some users treating it as one's own private stall. This abuse results in the "general" public having less access to this parking area —whether to patronize shops within the Village or to park and enjoy coastal shoreline activities. Its uncontrolled use diminishes the concept of"public". That is the reason for the inclusion of the term "general" before "public use"—to ensure that this area is reserved for and used by the general public and by a member of the public for its exclusive private use and enjoyment. There have also been abandoned vehicles that have had to be removed at the applicant's expense, as well as people sleeping overnight in their vehicles_ Additionally, because this area is not controlled, there have been evidence of illicit activities occurring in this area. The applicant's maintenance crew has constantly removed syringes, beer cans, bottles, and other trash from this area. Collectively, these situations do not foster a safe, sanitary, and healthy parking experience for the general public. To assure a safe parking experience, there will have to be some measure of controls and increased maintenance. These controls and its enhanced maintenance— let alone its liability responsibility—will entail added costs. As such, the applicant and/or operator would like the ability to assess reasonable hourly fees, with possibly having free parking for a limited period and prohibiting overnight parking except on a paid basis. It should be noted that controlled parking for the Rublic is not uncommon. For example, to address general availability, maintenance cost, and security, many government facilities prohibit overnight parking and even assess hourly parking for the public. To minimize the monopolization of a parking stall and making it generally available, many commercial establishments, including the east Hawaii County building, have instituted controls, including fees via parking meters. CONSISTENT APPLICATION OF THE ZONING CODE: Section 25W4- 50(b) relating to off-street parking of the Zoning Code states that "Off- street parking and loading spaces shall be provided in such number, at such location and with such improvements as required as set forth in this division." Thus, while it outlines the required number, dimensions, and location of the parking stalls, the Code does not imply or specifically state that the required parking cannot be controlled.