2023-03-16 Leeward Exh A (Items 1 Frank Sirlin PL-SMA-2022-000024)

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permit because they have reached to a cumulative impact. We are looking at an entire development and it's approved through one SMA permit. What's happened now is the law has changed to say we feel that there should be review of each dwelling that comes upon, that comes in to want to build on the coastline so that we can address the issues that are occurring on the shoreline. There also is in that same law that says, if you build a dwelling that's over 7,500 square feet you have to come in for an SMA permit. So, right now the standard is 7,500 square feet. There was an attempt in this legislature to bring it down to 5,000 but that didn't go forward. Again, cumulative impact is when we have, let's say we had this project was coming in now Puako and we were able to look at that and say this is a large project, it's going to have cumulative impacts. How are we going to address these cumulative impacts for this project? We could say, hold back the whole development 100 feet or we could say whatever we want to. At that point we look at it as a development with cumulative impacts. This particular one it's hard to be able to place the burden of this on one person, on one applicant that's coming in and, in our opinion, doing the right thing. He's actually moving his development back out of the shoreline setback area; he's addressing wastewater issues. Again, we may not agree with everything he does, we feel like well this particular dwelling may be too big or may block a view or something. But it's this dwelling, it's not the entire Puako that we're looking at right now. We are looking at the impacts of this dwelling. DEFRANCO: Okay. VITOUSEK: If I may. DEFRANCO: Yes, Commissioner Vitousek. VITOUSEK: I disagree a little bit in that we are accessing the overall impacts of a development. Those are the impacts of that development. If it's a bigger development those impacts are greater. I believe the purpose of cumulative impacts is the accumulation of multiple smaller developments whose impacts as a whole then reached the level of a larger development. Now this particular case, this particular applicant, I don't have an answer in any way. I don't think they are individually responsible for the cumulative impacts of the culture of replacing historic beach homes, 1950's beach homes with modern mansions. This is one example of hundreds that have taken place in Puako and so I agree we can't hold this individual applicant responsible for all of the cumulative impacts that have happened. But now that this rule is in place where SMA permits for individual homes within Puako are going to be reviewed by the Commission. I think that's the role of the Planning Department to have a plan on how those cumulative impacts will be addressed and from my perspective that is maintaining the feel of the community through home design, through allowing view planes and maintaining that feel of a 1950's Hawaiian beach community that is so appealing to people coming in from other places. PIPAN: Let me respond Chair or do you have a comment? DEFRANCO: Yes, please. No, go ahead. Thank you. 18 EXHIBIT A