2016-07-21 Leeward Exh B (Amend SMA 05-007)

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these speak directly to the preservation of the Judd Trail and they request to keep Condition 13 within the SMA permit. Additionally, as mentioned, we have a petition for standing from Paula McMichael, which was received on July 13, 2016, with the filing fee. And lastly, we have received a response to the petition from the applicant, dated July 20, 2016. With that, that concludes our presentation. Thank you. UNGER: Thank you. The first order of business regarding this agenda item is to determine whether to accept the petition for standing for Paula McMichael, and that was received July 13, 2016. Under Rule 4-6(b), also states in relevant part that if a timely request is filed, standing shall be granted if the following criteria can be met: His or her interest is clearly distinguishable from that of the general public; or that even though they do not have an interest different from the public generally, that the proposed action will cause them actual or threatened injury in fact. At this time we would like to call the applicant up. I’m sorry, the petition, the application for petition, or the petitioner. I’d like to also call the applicant and the Planning Director up. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? PETITIONER/APPLICANT/PLANNING DIRECTOR: I do. Yes. UNGER: Please state your name and where you reside, starting here. SMITH: Larry Smith. I live at 77-6393 Ali‘i Drive, Kailua-Kona. I’ve been there for approximately 30 years. UNGER: Thank you. MCMICHAEL: My name is Paula McMichael and I reside in Kailua-Kona. BRILHANTE: Good morning, Chair, Commissioners. William Brilhante, Assistant Corporation Counsel on behalf of the Planning Director, Mr. Duane Kanuha who is present. UNGER: Thank you. The petitioner can start. MCMICHAEL: Okay. My name is Paula McMichael and I reside in Kailua-Kona. My interest in this matter is as follows: I have long been engaged in watersports, especially surfing, and have operated a business called Pacific Vibrations Surf Shop in Kailua-Kona for 38 years; I’m a surfer and president of Hawai‘i Surfing Association, and the nature of activities are promoting, saving the surf for Kona and the future generation; I also have an interest as a citizen and resident to ensure that the public natural resources trusts under Article XI, Section 1 of the State Constitution and Section 13-29 of the Hawai‘i County Charter are enforced; these resources include water – keaolanahihi; the State trust provision, which Hawai‘i voters adopted in 1978, is quoted as Article XI, Section 1, “For the benefit of the present and future generations, the State and its political subdivisions, counties, shall conserve and protect Hawai‘i’s natural beauty and all natural resources, including land, water, air, minerals and energy resources, and shall promote the development and utilization of these resources in a manner consistent with their conservation 4 EXHIBIT B