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KNOWLES: I think it sounds reasonable. I just have a question, I guess. When we are thinking <br /> about parking in the context of the SMA or, you know, attendant to a development, for example, <br /> like Mauna Kea Beach Hotel and the parking stalls, public parking requirement there, this notion <br /> of whether the parking is free or not, does that come into play? I'm a little bit,just don't totally <br /> understand those parking lots are required to be free? Is that correct? <br /> VITOUSEK: That's because their <br /> KNOWLES: If we are applying that same principle. <br /> VITOUSEK: That's because their management plans determine that they are going to be free, <br /> right? That's part of their condition. <br /> KNOWLES: Right, to protect access. But that same argument theoretically applies here. <br /> VITOUSEK: It could, I mean if you look at the development of an area like Mauna Kea Beach <br /> Resort or another big resort where they have a large development that encompasses a large <br /> shoreline area and triggers the need for shoreline access and the delegation of a public access for <br /> shoreline access. Here in this area, we don't have a large resort; we have lots of small <br /> developments that have cumulatively reached the point of causing a larger adverse effect to the <br /> environment. One of the ways that adverse effect is mitigated is by enhancing the beneficial use <br /> of the coastal zone through parking and access. And this particular parcel has a condition on that <br /> that mitigates that impact for the surrounding areas. It's free for the community, so, I mean for me <br /> I wouldn't have a problem charging tourists or that kind of thing, but I would rather see it have <br /> reasonable enforcement and reasonable public access free for local families, local people. <br /> DEFRANCO: Director Kern. <br /> KERN: To add to the conversation. <br /> DEFRANCO: Yes. <br /> KERN: So, it's determined that requiring these with case law now would not be appropriate in the <br /> Planning Department's opinion, but because this condition exists, that we are going for a greater <br /> discussion. I want to make sure thatobviously, this is a little different because this condition <br /> exists, we are just talking about that. However, this conversation can get much larger if this is the <br /> road that we are going down, and what does that look like? For example, Holiday Inn is right <br /> across the street from that; do they have a requirement? Do we start doing that? Do we start <br /> going, how far mauka do we go? And this is a challengeI am a surfer, I want to access the <br /> coast, I grew up here where, you know, same thing, where it's changed a lot, right—so there is a <br /> lot of challenges that we face, and so, how do we, you know, find that balance? But I'm also <br /> trying to have some guardrails on this and also maybe even get a little from our legal side that, <br /> because this condition was there, and curious, too—Sid, was this condition essentially agreed to or <br /> was it imposed? <br /> DEFRANCO: Is that a question? Mr. Fuke? <br /> 22 <br /> EXHIBIT A <br />