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HomeMy WebLinkAbout2025-04-03 Windward Planning Commission Hearing Transcript-Exhibit A (PL-PDI-2025-014)-DRAFT Page 1 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I DRAFT HEARING TRANSCRIPT APRIL 3, 2025 A regularly advertised hearing on the INITIATOR: PLANNING DIRECTOR (PL-PDI-2025- 000014) was heard at 9:33 a.m. in the County of Hawai‘i Council Chambers in Hilo, 25 Aupuni Street, Hilo, Hawai‘i with Chair Louis Daniele III presiding. COMMISSIONERS PRESENT: Louis Daniele III (Chair), Chantel Perrin (Vice Chair), Lauren Balog, Wayne De Luz, and JoNelle Fukushima. COMMISSIONER ABSENT: Gordon Takaki. ALSO PRESENT: Suzanna Tiapula, Esq. (Counsel to the Commission), Jeffrey Darrow (Planning Director), and Planning Department staff. And approximately no public members in the audience. INITIATOR: PLANNING DIRECTOR (PL-PDI-2025-000014) The Planning Director has initiated an ordinance to amend Chapter 25 (Zoning), Article 1, Article 2, Article 4, Article 5, and Article 7 of the Hawaiʻi County Code 1983 (2016 Edition, as amended), relating to zoning district regulations for meeting facilities, community buildings, and churches, temples and synagogues. The purpose of this bill is to remove the definitions and references to churches, temples, and synagogues and community buildings and consolidate them under meeting facilities and establishes standards for their development to ensure equitable treatment in the Zoning Code. Secretary’s Note: [indecipherable] indicates that there were technical and/or internet difficulties, which made the conversation inaudible. The following is when the agenda item was called at the Windward Planning Commission hearing on April 3, 2025. [SEE YOUTUBE TIMESTAMP 34:21] YouTube: https://www.youtube.com/live/rGZ3pthxISk?si=kbdTQ0MwlFj8wc1i&t=2061 DANIELE: At this point in time, we are going to go into agenda item number four. This is the Planning Director has initiated an ordinance to amend Chapter 25, Zoning, Article 1, Article 2, Article 4, Article 5, and Article 7 of the Hawaiʻi County Code 1983, 2016 Edition, as amended, relating to zoning district regulations for meeting facilities, community buildings, churches, temples, and synagogues. The purpose of this bill is to remove the definitions and references to churches, temples, and synagogues and community buildings and consolidate them under meeting facilities and establish the standards for their development to ensure equitable treatment in the Zoning Code. And this Planning Director’s, PL-PDI-2025-14. We will now have a presentation by staff. Thank you. Page 2 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) CAMERO: My apologies Chair and members of the Windward Planning Commission. So, before you today, we have the Planning Director Initiated bill relating to zoning district regulations for meeting facilities, churches, temples, synagogues, and community buildings. The purpose of this bill. This bill aims to correct zoning inconsistencies and ensure that religious institutions receive equitable treatment under the Hawaiʻi County’s Zoning Code. This ordinance consolidates religious institutions under the “meeting facilities” definition. Therefore, ensuring equal treatment in zoning regulations. In addition, the bill also consolidates the overlapping term “community buildings” into “meeting facilities” for clarity and consistency. And lastly, it introduces the term “event” to distinguish between routine facility uses from larger commercial gatherings such as weddings or concerts which may require special permits or oversights. In addition to the purpose of this bill, this bill removes the definition of “community buildings”, it revises the definition of “meeting facility” to include religious institutions. Introduces the term “event” to distinguish between commercial or large-scale gatherings from routine facility uses. It establishes standardized operating criteria for meeting facilities, including limitations on hours of operation and attendance capacity. It requires technical review of proposed meeting facilities by applicable county and state agencies, and it amends the permitted uses for meeting facilities across all zoning districts. So, the background. The federal government enacted — DANIELE: Just speak a little slower, please. CAMERO: Slower? DANIELE: Yeah. CAMERO: Okay. My apologies. DANIELE: Thank you. CAMERO: So, the background on the bill. The federal government enacted the Religious Land Use and Institutionalized Persons Act of 2000 also known as RLUIPA in part to protect religious organizations and individuals from discriminatory land use regulations. In February of 2024, the Chabad Jewish Center and Rabbi Levi Gerlitzky filed a lawsuit against the Hawaiʻi County, claiming the zoning code discriminates against religious institutions by requiring them to obtain use permits in residential zone, while secular meeting facilities can operate by right. The U.S. Department of Justice filed a statement in the lawsuit in March of 2024, alleging that the County’s code violates the RLUIPA equal terms provision by treating religious uses less favorably than comparable secular uses. The Planning Director is therefore proposing amendments to the Hawaiʻi County Code to classify religious institutions as meeting facilities, aiming eliminate any zoning disparities, ensure RLUIPA compliance, and promote clear, fair land use standards. Page 3 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) Beginning with the proposed amendments we have the first relating to definitions. The following definitions is proposed to be removed from Section 25-1-5(b) and that is the definition of “community building”. The reason for this amendment is so that by removing the “community building” definition this will simplify the zoning code by eliminating redundancy. In addition, the definition of “meeting facility” is proposed to be amended as follows. “Meeting facility” will now mean a facility or building site that is used for recreational, social, or multipurpose use, and may include a kitchen but has no transient accommodations. Typical uses include private clubs, union halls, cultural community and association centers, religious facilities such as places of worship, and student centers. This does not include schools or events. In addition, the following definition is proposed to be added to Section 25-1-5(b) and that is the definition of “event”. An “event” will mean a assembly, generally by invitation or ticket purchase that extends beyond the typical meeting facility or residential use, including but not limited to commercial weddings, wedding receptions, promotional events, and concerts. The reason for this amendment is that it adds clarity by distinguishing routine meeting facility uses from larger commercial gatherings. This ensures that activities like weddings, receptions, and concerts are properly regulated and not automatically permitted as a part of a meeting facility. The proposed amendments relating to plan approval. To establish specific procedures for the Director’s review and decision-making on plan approval applications, Section 25-2-71(c) is amended to read as follows. Plan approval shall be required in all applicable districts prior to the construction or establishment of the following improvements and uses. These will require “meeting facilities” as permitted under Section 25-4-17 and “events” as permitted under Section 25-5-42 will now require a plan approval. The reasons for this amendment. This amendment clarifies that plan approval again is required before “meeting facilities and events” are established therefore, ensuring proper land use oversight and compliance with zoning regulations. In addition, the proposed amendments relating to plan approval requirements for “meeting facilities” include the following section which is proposed to be added and that is Section 25-4- 17 newly labeled as “Meeting Facilities”. Letter (A), a meeting facility can be established within a new or existing structure or on a building site for recreational, social, cultural, or multipurpose use. The facility may include a kitchen. (B) a meeting facility may be used for organizations operating on a membership basis for the promotion of members’ mutual interests or may be primarily intended for community purposes. (C) a meeting facility only applies on building sites that have gatherings more than two times per week with more than twenty-five (25) attendees. Continued letter (D) the hours of operation for meeting facilities shall start no earlier than 8:00 a.m. and ends no later than 9:00 p.m. Letter (E) a meeting facility can be established in a zoning district that permits such use, provided that the Director has issued a plan approval. And letter (F) a meeting facility shall be subject to technical review by the County Department of Public Works, County Fire Department, County Water Department, and/or the State Department of Health for compliance with current code and rule requirements. Up on your screen, I decided to show you guys the zoning use comparison table by district which will show you that in the zoning district RS, RD, RM, and RCX a meeting facility is currently an allowed permitted use. Meeting facilities including events will not be permitted. Community Page 4 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) buildings will therefore be removed and churches, temples, and synagogues will be removed from the Use permit requirement. In the zoning district RA, FA, and A meeting facilities will be allowed via a Special Permit or Use Permit based on their State Land Use designation. Meeting facilities including events will also be allowed via a Special Permit or Use Permit. Community buildings are being removed, and churches, temples, and synagogues are removed as a Use Permit or a Special Permit. In the IA district meeting facilities are allowed via a Special Permit. Meeting facilities including events are also allowed as a Special Permit. Community buildings are being removed, and churches, temples, and synagogues are removed as a Special Permit as well. Within the V, CN, CG, CV, MCX, and CDH zoning districts meeting facilities will also be allowed as a permitted use. Meeting facilities including events will be allowed as a permitted use. Community buildings, churches, temples, and synagogues will be removed. In the ML and MG meeting facilities will be allowed as a permitted use. Meeting facilities including events will be allowed as a permitted use only in the ML and community buildings, churches, temples, and synagogues will be removed. And lastly in the O district meeting facilities will not be permitted. Meeting facilities including events will not be permitted, community buildings are being removed, and churches, temples, and synagogues are not permitted. That concludes my presentation and the Planning Director’s current recommendation is that the Windward Planning Commission forward a favorable recommendation to the County Council. At this time, I can turn it back to the Chair. DANIELE: Thank you so much for that presentation. Commissioners, do we have any questions for the Planning Department staff or Planning Director? FUKUSHIMA: Yes. DANIELE: Yes, Commissioner Fukushima. FUKUSHIMA: So, respectfully, I would like to ask in the light of the proposed revision to our Zoning Code that aims to include secular activities under the term “meeting facility”. How do you foresee the distinction between “meeting” and “event” impacting residential neighborhoods. Specifically, what measures can we implement to ensure that the frequency and type of secular events do not disrupt the quality of life for the residents in proximity to the venues? TIAPULA: So, to interject. We have had a disability, a ADA request to speak more slowly. So, I would just ask all Commissioners and staff for this item to speak slowly. Thank you. DANIELE: Thank you. Would you like to restate that, please? FUKUSHIMA: Surely. DANIELE: Thank you, Commissioner. Page 5 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) FUKUSHIMA: So, in light of the proposed revision to our Zoning Code that aims to include secular activities under the term “meeting facility”. How do you foresee the distinction between “meeting” and “event” impacting residential neighborhoods specifically, what measures can we implement to ensure that the frequency and type of secular events do not disrupt the quality of life for residents living in proximity to these venues? DANIELE: Director? DARROW: Thank you Chair. Thank you for the question. So, in the bill itself there is a differentiation between “event” and “meeting facility”. If events are proposed as defined in the code, they will require a Use Permit, correct? CAMERO: In certain zoning districts. DARROW: Correct, in the residential zoning district. That’s the particular. CAMERO: I want would like to correct that, “events” are not currently allowed within the RS, RD, and the RM zoning districts. DARROW: Without a Use Permit. CAMERO: We only allow it for “meeting facilities”. DARROW: Okay. CAMERO: Not including “events”. DARROW: Alright, so, you cannot even get a Use Permit for “events” in the RS zoning. CAMERO: Correct. DARROW: We ended up putting that in. CAMERO: Yeah. DARROW: Okay, but what zonings would allow a Use Permit with “events”? CAMERO: The RA, A, and FA would allow for the Use Permit for event. Meeting facilities including “events” as permitted by the Section 25-4-17 and then in the outright zoning districts they are — DARROW: So, this would be RA, FA, and A would be a Use Permit if it is in the State Land Use Urban or Rural or a Special Permit. I mean Urban or a Special Permit if it’s in the Rural or Agricultural district. Correct? Page 6 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) CAMERO: Yes, you are correct. DARROW: But, yeah, you know taking into account the effect of “events” within the residential zonings I think we ended up not even allowing it as an option. So, if you’ll look at the different sections in the bill that we put you’ll see “meeting facilities” including “events” where there’s the possibility. When you look at the RS, RD, RM zonings we don’t even provide that as an option. I think the one of the concerns that has been brought up is when a use becomes identified as a “meeting facility”, right. Typically in the Planning Department we have gotten complaints when somebody has a big birthday party or they have a gathering for football game or they have a bible study and so we were trying to find balance as to where you know we don’t want everybody to have to come in to become a “meeting facility” to have a private party or a bible study or whatever it is. So, we had that that differentiation where it was twenty (20) up more than twenty-five (25) people, more than two times a week. That’s where the differentiation is. Correct? And so that’s spelled out in there. Once it goes beyond that then they should come into the Planning Department and submit a Plan Approval application and before this let me kind of back up a little so, I give you some history on what happened here. So, a couple years ago, you know the Planning Department received a complaint or several complaints regarding an activity in a residential zone of a particular use, a religious use that was occurring on a property. Our inspector did their investigation and concluded that “yes” there was this religious facility being operated in a residential zoning. In our Zoning Code currently it says to be able to operate a church, school, or church, synagogue, or temple in a residential zoning you need a Use Permit, right. So, we issued a violation notice asking for them to cease and desist or come in for a Use Permit. They attempted to try to do the Use Permit, but it was unsuccessful in terms of getting pass the submittal and everything. And so, after that we added up receiving this lawsuit saying that the Zoning Code was actually discriminatory and unconstitutional in the sense that you had other uses similar to churches, temples, and synagogues such as a meeting facility and a community building that were being treated differently than how these other uses were being treated. Meeting facilities were permitted, community buildings required Plan Approval but churches, temples, synagogues required a Use Permit. So, in working with everyone involved, we’ve come to the point that we feel like everything, we’ve brought everything under the same umbrella in the sense of “meeting facilities” are now going to be the term that we use to cover all these different types of uses, community buildings, religious institutions, and meeting facilities. It’s all coming under “meeting facility” and if they meet the requirement of being a “meeting facility” they would need to submit Plan Approval which would have its process that’s done administratively. It doesn’t require a public hearing and an approval from the Planning Commission as it did before. So, hopefully that will bring some context as to what we’re doing and trying to achieve through this amendment. Thank you. DANIELE: Thank you, Director. PERRIN: I have a question. DANIELE: Yes, Vice Chair. Page 7 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) PERRIN: Why the number 25? Cause just— DARROW: Yeah. PERRIN: —just my children and their spouses is twenty-seven (27). Sorry, but I had to ask. DARROW: You know, it was I think it was through discussions it was more; it was less, we kind of came to an agreement of 25. If you feel, I mean the Commission always has the ability to make recommendations to this. If you feel that that number is too small, you can request that it be increased but that was the number that we felt you know that’s kind of and again there’s no science behind it or anything. PERRIN: Well, that number is more restricted in just more so the I guess the residential zones. The RS, RD is that where that would normally apply? Just saying cause, I mean Ag you’re normally on a larger plot so there’s a little bit more room for the give and take of the 25. DARROW: It’s across the board, I mean it’s not applicable to a zoning district. It’s under the definition, right, it’s under that identification of when you’re not a meeting facility versus when you are. DANIELE: Thank you. Commissioners, any other questions? PERRIN: Um’ last question. DANIELE: Yes, Vice Chair. PERRIN: Okay, all right I’m going to say this. Can the Planning Department explain why the proposed amendments eliminate the requirement for a public hearings or neighbor notifications in cases where a religious or secular meeting facility is introduced into a residential neighborhood. DARROW: Thank you, Commissioner. So, I kind of touched upon it earlier and that was that we’re trying to come up with a process that is fair and similar across the board for all these types of activities community buildings, meeting facilities, churches, temples, synagogues, or religious institutions. The difficulty that we’re in this position in the first place is because we treated one differently than the other and so this brings, it brings it in uniformity across the board, okay. So, at the time in discussing with all parties involved, the agreement was to move forward with the Plan Approval process. That doesn’t mean that if that process were to change to a Use Permit process across the board that would mean that anytime a meeting facility is required it would require a Use Permit in all of this. Page 8 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) So, you’re just looking at uniformity. We weren’t looking at whether or not it should be this or this. In discussion with everyone involved we felt like this was the direction that we should go with because this was the agreed-upon process. Now again, everything is up to the Commission and the Council to approve or not approve this process. We’re recommending approval to move forward but again through this process that may change. PERRIN: Last question, I hope, sorry. With the changing of this, was the RLUIPA taken into consideration that’s the religious land use and institutionalized persons act? DARROW: That was the whole purpose of this because of that discrimination within our zoning code. PERRIN: Thank you. DANIELE: Thank you, Commissioner. Thank you, Director. Are there any other questions? Okay, if none. Staff are there any individuals present to provide in-person testimony? JACKSON: Thank you, Chair Daniele. We have one in-person testifier, Claudia Rohr, if you could come to the testifier table, I can swear you in and Chair just give us a few moments so that we can bring her laptop up to the table. DANIELE: Sure. I think as we’re going to get set up, we’ll do a five-minute recess. We’ll come back at 10:05, thank you. At 10:01 a.m. the Chair called a recess, and the hearing reconvened at 10:08 a.m. DANIELE: Okay, YouTube is up? Thank you. We can swear in the testifier. JACKSON: Thank you Chair. Ms. Rohr, do you swear or affirm to tell the truth today before the Windward Planning Commission? Okay. DANIELE: And also, could you turn on your mic please. ROHR: Okay, I want to explain how this works. Now there’s an echo. I have to turn this, now she can’t hear me. Hold on. Can you hear me now? Can you hear me? I don’t have to hear. Okay, I want to explain how this works. I have a hearing disability, and someone’s typing what you say into a screen. If someone says something and then someone immediately says something behind it, it moves the script up and so I don’t have a chance to read it. So, if I go like this, it means pause, so I can read it. Thank you. I don’t need to hear to answer her question because I read it, she asked me if I swore to tell the truth and I do. DANIELE: Okay, please state your— Page 9 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) ROHR: The system doesn’t really work; there’s an echo between the mic and this and I can’t deal with that. At the same time, I can’t hear myself speak, so it’s a very odd experience, please be patient as an accommodation for my hearing disability. Thank you. DANIELE: Thank you. Please state your name and the town you live in. ROHR: Go ahead. My name is Claudia Rohr, and I live in Hilo, Hawaiʻi down in Keaukaha. DANIELE: Okay, you have three minutes for your testimony. ROHR: Thank you. Aloha Chair Daniele, Planning Commissioners and Director Jeff Darrow. The Director did not advertise any community meetings for the public to ask questions. So today I’m going to ask him some questions. I gave you all a piece of paper that I’m going to read from. The written communication is my preferred form of communication. As you are aware, at least, you should be aware, my next-door neighbor, Hui Hoʻoleimaluo advertises that they provide opportunities for STEAM (Science, Technology, Engineering, Art, and Math) skill building, place-based learning, and community engagement through the maintenance and management of Loko iʻa ecosystems. On three contiguous parcels named “Kaumaui”, in Keaukaha in the residential zone where on and off-street parking is a primary constraint. I provided you with photos of the parking on March 21st, this year for a Ohana Day that they held, and the first four pictures is of Nēnē Street, where I live. I got a call from my neighbor asking me what was going on because of the traffic jam on Nēnē Street. Then the next page is when I went to, I called the Planning Department no one picked up the phone. So, I got in my car and drove there and on my way, I had to exit Oeoe Street because it’s in the opposite direction and my other neighbor who has a vacation rental house had six (6) cars stacked in his driveway. One across it and then several on the street and there’s a photo of one backing out from a driveway of the vacation rental that he owns next door. And so, I did have to stop, so I put my car in park and took enough photos to try to provide evidence of the event. I, my questions are Director Darrow, will this proposed bill for a zoning ordinance in its present form allow Hui Hoʻoleimaluo — JACKSON: You have thirty (30) seconds left. ROHR: —community events, community gatherings and meetings for up to seventy-five (75) attendees, twice a week over three parcels, permitted as a right in the single- family zone under Section 25-4-17(c). A meeting facility only applies on building sites that had gatherings more than two times per week with more than 25 attendees. JACKSON: Your three minutes are finished. ROHR: Do I wait for him to answer or do I keep going. DANIELE: Okay, thank you for your testimony. Page 10 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) ROHR: No. How would the department’s zoning enforcement officers count heads [indecipherable crosstalk] DANIELE: Your three minutes have expired. ROHR: Basically — DANIELE: Now we’re going on to— ROHR: —heads is unenforceable. I provided photographs on the third page, I believe of the [indecipherable] DANIELE: Okay, thank you. ROHR: I’m supposed to read and testify at the same time? Well, I’d like a little leeway here because it’s hard to read and testify, stop, listen to what you’re saying. May I please make my comment. I had; I addressed the question. DANIELE: We have your written statements, so. We have your written statements. ROHR: Okay, but— DANIELE: Okay. ROHR: What I have to say is that what Jeff said about a high strict compliance with certain things like you must comply with the General Plan and zero and the new General Plan under State Law 46-2. This in the new General, the one you’re approving now is adopting Hawaiʻi Island Vision Zero Saving Lives with Safe Streets. So, this ordinance, proposed ordinance in its present form you can’t legally give it a favorable recommendation. Thank you. DANIELE: Thank you for your testimony. Commissioners or Counsel do have any comments or questions? PERRIN: Question. DANIELE: Vice Chair, you have a question? PERRIN: I do; I do. This is for the Planning Department. Why is a Use Permit still required for meeting facilities in agricultural zones but not in residential zones, where homes are in closer proximity and impacts may be more immediate. CAMERO: So, currently we went off of what the current requirements are for meeting facilities. So, if you look in the RS zoning district, meeting facilities are currently a permitted use. Whereas, in the agricultural districts they are not an outright permitted use, and they do require a if I’m not mistaken a Special Permit. Whereas churches, temples, and synagogues Page 11 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) require a Use Permit or a Special Permit. So, therefore, we tried to follow as much as possible what was already in the Zoning Code and that’s how we came up with that. PERRIN: Then. DANIELE: Okay, at this point in time, we are going to take a five-minute recess so we can help the testifier back to the audience. At 10:18 a.m. the Chair called a recess, and the hearing reconvened at 10:19 a.m. DANIELE: Okay, we are going to resume our meeting. Vice Chair, you had a question? Thank you. PERRIN: Yes, I had a question. Yes, okay. Sorry I’m just trying to make sure I word it correctly. How does the County plans to enforce the 25 attendees, two times per week rule. DARROW: Similar to how we be able to investigate any other complaint. I mean it’s not going to be easy. We receive complaints that say this house is not being used as a single- family dwelling because there are fifteen (15) people that are unrelated living in the house, right. So, we, our Zoning Code says you can have a single-family up to five (5) unrelated people living in a single-family dwelling. So, our inspector will go out and do their investigation to see if that’s valid or not valid. It would have to be the same in this particular case. It’s going to be they’ll be looking at it from number one the amount of people, number two the amount of occurrences. If this is happening on a daily basis regardless of the amount of people, it’s going beyond the two times a week, right. If it’s— PERRIN: Just to restate the two instances that were brought today are going to go under your folk’s radar for investigation. DARROW: They already are. PERRIN: Oh, okay. DARROW: That’s a separate matter. We been working on that for some time now. It’s really not related to this but again it could in the future, and I think that’s what the testifier’s concern is, but it is premature in the sense we really don’t know what the end result of this bill will be. So, we can’t really answer to what the future will be in regards to “meeting facilities” at this time. PERRIN: Thank you. DANIELE: Thank you, Vice Chair and Director. Do we have any other testifiers, Zoom? Page 12 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) JACKSON: We have no more in-person testifiers, Chair and I’m not sure about Zoom. DANIELE: Okay. KALA: Aloha, Chair, we do not have any testifiers on Zoom. DANIELE: Okay, thank you. DARROW: Chair. DANIELE: Yes, Director. DARROW: Sorry about that. Earlier there was a comment made by Vice Chair Perrin regarding family and I think that’s a valid concern. Some families in Hawaiʻi are quite large. So, the issue what I think we can do in that particular case if the Commission is open to it is considering putting in something to the term “exclusive of family members” to that number 25. If that is a concern. It’s hard because we want to make sure that people will not utilize that as a means of a loop hole or something in the sense that they’ll hold large wedding events. We feel comfortable about it because “events” is pretty defined and if we start having those types of events and even if it’s family or not family it really. But normally those types of events will be like if it’s a family wedding, it would be once, it’s not going be like once a week or you know what I mean. But it’s something to consider. Thank you. FUKUSHIMA: May I? DANIELE: Yes, Commissioner. FUKUSHIMA: I’d like to add to what you said. I like the distinction. I think as Hawaiians, local people, we love to have gatherings, we enjoy our family events, we have large families, and I think a lot of people don’t even realize that having a large event or so called now that we have language for it and making the distinction. I think most people, I know about my neighborhood they have parties several times a year, large, and I don’t think that people are as conscience of the fact perhaps they have to apply for some sort of a permit and so I do like the distinction, and I am in favor of that. I like the family piece added to that. I like the family piece added to that as a consideration because I think culturally that aligns with who we are. Thank you. DANIELE: Thank you, Commissioner. Director? DARROW: Thank you. Yeah, that’s an important point that want to drive home here is that this not intended to create a restriction against family events. Culturally that is something that occurs on a regular basis, it’s not to the point that it’s every other day or five days a week or even, it’s on a regular basis but that’s again family. And so, the point is that’s the intent of this bill, but we want to also make sure that isn’t something that’s going to be detrimented by this bill going forward. Thank you. Page 13 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) DANIELE: Thank you. If there are no more questions, there are no more questions, can I ask for a motion for action? Yes, Commissioner. PERRIN: I was going to ask for an executive, sorry, executive session. Okay. I move that the Commission enter into executive session to consult with its attorney regarding questions and issues pertaining to the Commission’s powers, duties, and privileges. DANIELE: Do I have a second on that? BALOG: Second. DANIELE: Okay, all in favor? COMMISSIONERS: Aye. DANIELE: Okay, we’re going to break for the executive session. At 10:26 a.m. the Chair and the Commission went into executive session and the hearing reconvened at 10:49 a.m. DANIELE: We are going to resume today’s meeting. Commissioners, we’re going to start the meeting. Thank you. Is the YouTube up? Great, thank you. Okay, welcome back. We had this break, we had some technical difficulties and those have been overcome, and we are going to continue today’s meeting. We left off with is there a motion for action? PERRIN: I move that a favorable recommendation be forwarded to the County Council on the proposed amendments to Chapter 25, Zoning, Article 1, Article 2, Article 4, Article 5, and Article 7 of the Hawaiʻi County Code, 2016 Edition, as amended, Docket Number PL-PDI-2025-000014 based on the Planning Director’s recommendations including the language referenced today “exclusive of family members.” DANIELE: Thank you. Do I have a second? FUKUSHIMA: Second. DANIELE: Is there any discussion or comments? Okay, so it was moved by Vice Chair Perrin and seconded by Commissioner Fukushima. If there is no discussion or comments, we will move on to roll call from staff. CAMERO: Thank you Chair. So right now, the motion is to forward a favorable recommendation to the County Council with the proposed amendments in Section 8 of the bill proposed to the new Section 25-4-17 on “meeting facilities”. The amendment will be to letter “c”, and it will read “A meeting facility only applies to on building sites that have gatherings more than two times per week with more than 25 attendees exclusive of family members.” Okay. Vice Chair Perrin? Page 14 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014) PERRIN: Aye. CAMERO: Commissioner Fukushima? FUKUSHIMA: Aye. CAMERO: Commissioner Balog? BALOG: Aye. CAMERO: Commissioner De Luz? DE LUZ: Aye. CAMERO: And Chair Daniele? DANIELE: Aye. CAMERO: The motion carries five (5) to zero (0) with Commissioner Takaki excused and absent. Thank you. DANIELE: Great, thank you and the Commission will forward its recommendation to the County Council in writing. The item ended at 10:52 p.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary Windward Planning Commission