2018-02-15 Leeward Planning Commission Minutes

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MINUTES Approval of the Minutes of the January 18, 2018, Leeward Planning Commission meeting. At 1:49 p.m. it was moved by Commissioner Nobriga and seconded by Commissioner Shimaoka that the minutes be approved as submitted. The motion was unanimously carried by a voice vote. ADMINISTRATIVE MATTERS Review and discussion of recent Special Management Area (SMA) determinations and minor permits issued by the Planning Director. Staff distributed to the Commissioners an updated SMA assessment log of applications that had received determinations in January 2018, as well as those that were still pending. Commissioner Church requested that the log be emailed to the Commissioners in advance to allow time for review. Chairman Unger additionally requested that at the same time staff highlight any applications or issues that the Commission should pay close attention to. Mr. Darrow informed the Commission that the Windward side had one contentious case where the Planning Director’s decision to issue an SMA Minor Permit had been appealed, and that the current difficult cases on the Leeward side were mainly properties along Ali‘i Drive involving certified shoreline surveys. He expounded that applicants were increasingly reluctant to obtain a certified shoreline survey because of a recent Attorney General’s opinion that a certified shoreline also defined the ownership boundary. He directed the Commission’s attention to Application Number 1360 on the log as an example, which had been pending since January 2016, and said that the Planning Director had recently issued a warning letter as the applicant had done some work without permits, and that this case would ultimately entail an environmental assessment and a shoreline setback variance from the Commission. For the Commission’s information Director Yee spoke of Bill 108 initiated by the County Council regarding short-term vacation rentals, which was generating a lot of comments from the public and would eventually make its way to the Commission. He also mentioned that the Planning Department and its counsel had started discussions about longstanding junkyard issues, which the Department had been receiving numerous complaints about on both sides of the island. He said that there were presently 30 open junkyard cases that Planning inspectors were dealing with. He added that while those violations were not directly affecting the Commission, it might start receiving related permit applications from those property owners as a way to resolve violations. Mr. Darrow also noted that the State Legislature was considering Senate Bill 2969, which would have an impact on the SMA permit process. He explained that the bill was proposing to reduce the floor area threshold for a single-family residence to be excluded from the definition of “development” from 7,500 square feet to 2,750 square feet. Commissioner Carr Smith requested a complete set of the current Planning Commission Rules of Practice and Procedure reflecting the recently adopted amendments. Mr. Darrow responded that it would be sent to all the Commissioners. 2