2025-05-30 Supplemental Information

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(4) A statement explaining: (C) How the decision appealed from was arbitrary and characterized by an abuse of discretion or clearly unwarranted exercise of discretion: The Planning Director's decision appealed from was arbitrary and characterized by an abuse of discretion or clearly unwarranted exercise of discretion because the decision was directly contrary to the findings and purpose of Ordinance 2018-114, as well as Chapter 205A. The purpose of Ordinance 2018-114, creating Zoning Code, Section 25-4-16 thru 16.3 (STVR), is as follows: SECTION 1. Findings and Purpose. The short-term rental of residential units, as an alternative to traditional resort and hotel accommodations, is an emerging trend in the visitor industry that continues to grow in popularity. The purpose of this ordinance is to manage the impacts of these short- term vacation rentals by: 1) defining where this use will be allowed; 2) establishing provisions and standards to regulate this use; and 3) providing an avenue for an existing use deemed to be improper by this ordinance, to apply for a nonconforming use certificate that would allow them to continue to operate in a non-permitted district. (emphasis added in italics) §205A-21 Findings and purposes, reads as follows: The legislature finds that, special controls on developments within an area along the shoreline are necessary to avoid permanent losses of valuable resources and the foreclosure of management options, and to ensure that adequate access, by dedication or other means, to public owned or used beaches, recreation areas, and natural reserves is provided. The legislature finds and declares that it is the state policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii. (emphasis added in italics) (5) A clear and concise statement of any other relevant facts: 9