2009-02-09 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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Ms. Self suggested also that letters be sent to the Community Development Plan (CDP) Action Committee. The Steering Committees for Kona, Puna, South Kohala and North Kohala were formed to develop community development plans. The Steering Committees' terms ended once the CDPs were adopted. The Council passed an ordinance to have the CDP Action Committees follow through with these plans. The CDP Committees are currently being filled with members and should be ready to start in the next couple of months. The Planning Department (Nancy in Kona, Larry in Puna, Allan for both North and South Kohala) would be the ones to contact regarding these committees. • Commission to review previously submitted suggestion forms regarding public access Ms. Garcia would like clarification regarding what is public access. Where do you go to get a definition for Public access or how do you obtain Public Access? Ms. Self indicated that Ms. Garcia should refer to Chapter 34 of the County Code. There is an enabling statute in the Hawaii Revised Statues that requires the County to obtain Mauka -Maki access from property owners who apply for subdivision approval. This provides public access to the shoreline. Ms. Garcia wanted to know how one obtains public access. Ms. Springer indicated that the Highways Act of 1892 is the oldest legislation calling for the identification of Highway access. Ms. Self indicated that property established prior to 1892 would not be affected. Mr. Yada indicated that this is not necessarily vehicle access. Some are not very clearly marked per Ms. Self. Ms. Garcia stipulated that they are just accesses. Mr. Yada said that some are just trails. Ms. Springer made it known that there were no vehicles back then. Ms. Garcia questioned how someone can establish access in a place where there is no public access? Ms. Self indicated that you can not take someone's property without paying for it. There are only two ways to establish public access. You can either condemn the owner's property, which probably will not happen. The second is if the landowner comes in for some sort of entitlement; Special Management Area (SMA) permit or Sub - division application; a condition is put on their entitlement to provide public access. Mr. Yada indicated that there is a third way, if there is a historic trail or a road owned by the government prior to 1892 then the landowner must provide public access. Ms. Moon thought that there was a state law that made the coastline public and gave access to it. Examples are the hotels that provide access to the beaches. Ms. Self indicated that was due to entitlements.