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in terms of lateral movement along the shoreline. To our knowledge there has not been any
<br />restriction on lateral movement in that area. They’ve had signs prepared in the past, and the signs
<br />were redone largely because the signs that were initially placed gave the public a misconception in
<br />terms of where you can and where is the public access and where is not. So the signs were
<br />replaced with the photos that I show you over here, and these photos are the County-approved
<br />public access sign, and they are placed at the location where it becomes unmistakable in terms of
<br />where the public’s right to traverse laterally along the shoreline, you know.
<br />
<br />In the area of the public parking, which is Item Number 12, we realize that there are times like,
<br />you know, like Lava Lava, you know, when there, because it’s a very successful operation, there
<br />have been situations where when they do fundraising whether it’s for the Kona Hospital
<br />Foundation or other kind of fundraising, they are going to have large gatherings in that area, and
<br />then at those point in time they don’t have enough parking. It’s like any other situation. They’ve
<br />met the Zoning Code requirement. We meet our Zoning Code requirement when we construct our
<br />single-family dwelling and you put up two cars, and then that’s all the code requires. But how
<br />often, how often have we had, you know, we’ve had a situation where you have parties and then
<br />no more enough parking stalls, you know, so they park on the street and they park wherever. And
<br />then that’s the same situation; you satisfy the minimum requirement for parking, but on the other
<br />hand there are going to be situations where additional parking is required. But, so anyway, like
<br />one of the things that was causing a lot of heartburn on this parking issue was that having the
<br />special events. The Planning Department was rightfully so said that that’s not allowed. And so
<br />the applicant as landowner basically told Lava Lava, its tenant, to say you’ve got to stop that,
<br />you’ve got to comply with the County’s requirement. So it’s stopped, it’s ceased. That,
<br />however, doesn’t take away the fact that sometime the restaurant is going to be busy and you are
<br />going to have like the turnover. Just like a golf course, you know, like you have like one, you
<br />know, four stall- the stall requirement for a golf course is like four stalls for every hole. But then
<br />so that might be enough, but when you have the turnover, the first guys begin tee-off at 7:30 and
<br />the next guys come in at 11:30; but what happens if at ten o’clock or 10:30 they come, and you are
<br />not going to have enough stalls. It happens at the Hilo Municipal quite often. But what I’ve
<br />shown on Page 12 is like the number of stalls in that area, you know, it just shows you, you know,
<br />you have like about 65 or 70 stalls in that area, but that property, that property, which is situated
<br />immediately mauka of the, you know, the property that you are now being, you know, under
<br />consideration right now, is owned by the applicant. They created that parking stall, the parking
<br />area. It’s a five-acre site. Now, that five-acre site today, if you look at the last page that I had
<br />included, it’s a schematic, it’s a schematic that shows that it can easily be expanded to, up to like
<br />about 124 stalls in all of the already improved area so they don’t have to do more grading and all
<br />that stuff. But if you look at this, it’s kind of clear that you can have additional parking. And the
<br />applicant is willing to have this additional parking to accommodate for this overflow, you know, at
<br />time overflow need. So double the amount of parking, and that can be done all by the applicant at
<br />his expense.
<br />
<br />In the area of the trails, you know, I mentioned earlier that there was some destruction. And it was
<br />what, the applicant discovered that, and the applicant discovered this how? Because, they don’t
<br />visit the entire ten-acre site every day or whatever and neither does the archaeologist go, you
<br />know, go visit the site, but what happened was that in the preservation plan, and as recommended
<br />by SHPD and the County Cultural Commission, they said that you know what, you guys should as
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<br />EXHIBIT B
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