2014-09-04 Hearing Transcript-HACA SPP 845

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vehicles parked on the roads. It will also add to traffic congestion. There is a letter from the Hawai‛i County Police Department dated November 20, 2013, a copy of which was attached to the Memorandum in Support as Exhibit G which also further supports Ms. Tita’s position that she will suffer or threaten injury. The area proposed for the farmers market is not sufficiently developed for the potential traffic it would create and create, therefore create, unsafe road conditions for her and other members of the public. In particular, it really impacts her because she needs to utilize these roads in order to gain access to and from her residence in the Hawaiian Acres Subdivision. You must note also that the proposed parking for the farmers market is not sufficient, and it’s not large enough to accommodate the proposed use as a farmers market, and portions of the parking lot are not—it doesn’t appear at least to a visual site inspection by lay persons—to be level and may pose unsafe conditions in that area. And, again, we would refer to the Hawai‛i County Police Department letter dated November 20, 2013, as for their support. We’ve provided as copies to, or provided to you copies of, photographs of the farmers market activities and the problematic parking areas. I have better copies that I can pass to the Commissioners and would like to do so at this time. Thank you. DARROW: So, these would go into the record. KAWAUCHI: Yeah, and we can pull ‘em out later should we need to use them again. DARROW: Okay, yeah, is it just these three? KAWAUCHI: I have others, but I kind of want to stick with those for now. DARROW: Okay. KAWAUCHI: So, we’ve provided to Mr. Darrow three copies of photographs that have been taken of the area, and the photographs depict the parking conditions there. You will note that the parking conditions do not comply with Hawai‛i County Code. Section 22-2.4 of the Hawai‛i County Code prohibits blocked roadways and impeding and obstructing roadways. No person shall, shall create an unreasonable risk of harm to any persons or property on County streets. There may be an argument made that the roadway is not a public street, not a County street, but according to the community association’s permit, one of the conditions that they’re required to uphold is to comply with all stated conditions of approval. The second condition would be to comply with the requirements of the County Code with respect to parking and streets. And, it also says driveway access shall meet with the approval of the Department of Public Works. Applicant shall also comply with all applicable County and State laws, rules, regulations, and requirements, including Department of Health, Fire Department, Department of Public Works. So, clearly, although the provision of Section 22-2.4 discusses unreasonable risk or harm to any person or property on a County street, the Association has voluntarily submitted to complying with County rules and regulations and should be forced to do so. 4 EXHIBIT H