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

Home

As such, it is not uncommon to find establishments — be it private (like commercial buildings) or public (State or County buildings) assess a parking fee for use of the required parking. It should also be noted that some public establishments like the County Hale Halewai Park also restrict parking —whether by gates or chains —during certain hours. Even parking areas for public accesses are also subject to controls (Mauna Kea Beach, Hokulia, etc.) The point here is that required "public" parking does not mean "free" and unfettered 24/7 availability. The Zoning Code does not prohibit reasonable controls and restrictions_ The applicant, in this instance, is requesting the ability to exercise those kinds of controls that have been afforded to other public or private establishments. LEGITIMACY OF CONDITION: As noted earlier, the legal authority of such a condition could be questioned. That condition is unprecedented and designed to serve a public purpose without just compensation. Had the condition be imposed as part of a rezoning action, perhaps an argument justifying its imposition could have been made. However, the commercial/retail use was already deemed permitted. The condition was made part of a Special Management Area Use Permit, and a condition like "public parking" has to be related to the objectives and policies of the SMA. It is highly debatable whether the basic project has this public shoreline access implications that generate a need for public parking. Even if it did, please note that while coastal access public parking area requirement has been required of a number of projects, the condition has not precluded controls over its use, including time of use. Notwithstanding the questionable legality of the condition, the applicant is not taking issue with that. li so, it would have requested that the condition be stricken in its entirety. This argument is noted more for contextual purposes. The applicant will continue to make this area available as a public parking area with some measure of controls to address safety, maintenance, and availability to the general public. V. RELA T IONSHIP TO SMA POLICIES AND OBJECTIVES A. Recreational Resources The proposed improvements should not have any adverse impact to the recreational resources of the area. The property is not a coastal property, and there are intervening privately owned properties between the project site and the ocean.