2025-05-31 Filed Corrected Petition (PL-BOA-2025-000119) and Submitted New Petition (PL-BOA-2025-000121)

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(A) How the decision appealed from violates the law: The laws and rules that were violated are emphasized in bold and underlined: 1. HRS §205A-22 Definitions provided that whenever the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part and therefore the Director's exemption does not applies. 2. On-street and off-street parking and egress issues at 14 Oeoe Street are directly traceable to the transient accommodation guests. The guests often arrive in large groups that drive in separate vehicles. Too many vehicles backing out onto Oeoe Street causes significant adverse effects on the surrounding community—blocking vehicles turning onto Oeoe Street from Kalaianaole Street, creating a dangerous road condition, tsunami evacuation congestion, diminished fire protection and access to other emergency services, and unsafe conditions for bicyclists and pedestrians. By failing to require a SMA permit procedure under PC Rule 9-11, the Planning Director violated Planning Commission Rules of Practice and Procedure (PC Rules), Rule 9-10(c) and (h): PC Rule 9-10(c): The Director shall assess the proposed use, activity or operation upon the applicant' s compliance with Section 9-10B based on the following criteria: (1) The valuation of the proposed use, activity or operation. (2) The potential effects and significance of each specific circumstance of the use, activity or operation, according to the criteria of significant adverse effect established by Section 9- 10H. (emphasis added) PC Rule 9-10 Assessment, part (h) Criteria of Significant Adverse Effect, applies as follows. Approving an exemption for development that increases the capacity of the transient accommodation to hold gatherings and 4