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HomeMy WebLinkAbout2017-02-01 Hearing Transcript - County Council Initiated Bill 256WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 1, 2017 A regularly advertised hearing on County Council Initiated Bill No. 256 was called to order at 9:50 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Gregory Henkel presiding. COMMISSIONERS PRESENT: Joseph Clarkson, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Raylene Moses. ABSENT & EXCUSED: Donn Dela Cruz. ALSO PRESENT: Michael Yee (Planning Director), Daryn Arai (Deputy Planning Director), Mafia Ho (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Staff Planner), and Sarah Hata-Finley (Commission Secretary). And 6 members from the public in attendance. APPLICANT: INITIATOR: COUNTY COUNCIL (BILL NO. 256) An Ordinance amending Chapter 25, Article 4, Section 25-4-51 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to off-street parking and loading. The purpose of this amendment is to establish the required number of parking spaces for dwellings or lodging units that are occupied for a period of less than one hundred eighty (180) days. The County Council is referring Bill 256 to the Planning Director and the Windward and Leeward Planning Commissions for comment and recommendations. HENKEL: We'll move on to Agenda Item No. 2. The Applicant is the County Council, Bill No. 256, and Maija will present, please? JACKSON: Thank you, Mr. Chair. Okay, the next item on the agenda is a County Council initiated bill related to off-street parking and loading requirements in the Zoning Code. So, the Council's bill is suggesting a change to the Zoning Code in order to address parking for short-term rental of homes, and the language that they're proposing to add to the Code is shown here. It says, "The number of parking spaces for each use shall be as follows: Dwellings, single- family and double -family or duplex that are occupied for any period of less than one hundred eighty days" would require one parking stall for each guest bedroom in addition to one parking stall for the dwelling unit. And, the Planning Director isexcuse me—is recommending a favorable recommendation for the bill with some suggested changes, however. And, the reason we're suggesting these changes is because we feel that this language being proposed doesn't—it would negatively impact homeowners who are trying to rent out their home, their entire home, to one family rather than individual bedrooms. 10V1111.11 1.1 And, so this is, this is the language that the Director is proposing. "Dwellings, single-family, and double -family or duplex that are occupied for any period less than 180 days: one parking stall [space] for each rented bedroom in addition to one space for the dwelling unit if rooms in a dwelling unit are rented individually." And, that language right there is similar to the proposed Bill 256 except for we added if the, if the rooms in the dwelling unit are rented individually. Or, if the dwelling is rented as a whole, the parking requirement would be two stalls. And, that is similar to the parking requirement that's currently in the Code for a single-family dwelling, that that two parking spaces be provided. And, like I said, the reason for that suggested language is just so that any homeowner who's trying to rent out their house as a whole rather than each room individually is not required to come up with, you know, a large amount of on-site parking spaces that aren't actually being used. And, that concludes my presentation. Are there any questions? HENKEL: Thank you, Maija. MIYASATO: I have a question. HENKEL: Mr. Miyasato. MIYASATO: Maija, what is the current fine for a, someone who is doing short-term rental and not being permitted. JACKSON: Currently, the County does not regulate short-term rentals like vacation rentals. We do regulate bed and breakfast establishments, and for that, as you know, they would either have to come in and get a Use Permit or a Special Permit, depending on whether they're in an Urban area or Agricultural area. So, the difference between the bed and breakfast and the unregulated short-term vacation rentals is that with a bed and breakfast, the operator is on site, and they would serve a breakfast. And, then the other difference is the density, meaning, for the short-term vacation rentals, since they aren't regulated, they basically allow five unrelated people to be in that dwelling at one time. Whereas, with a bed and breakfast, you can have up to ten people at one time so two, two guests per bedroom. HENKEL: Are there any other questions of staff? Okay CLARKSON: No, I do. HENKEL: Oh, I'm sorry, Joe. CLARKSON: It's not really a question as much as a comment. I see in the ordinance text that was attached as background, three different kinds of transient accommodation businesses B&B's, the short-term vacation rentals, and hotels and lodges. And, I would like to see the parking requirements for these three kind of rationalized. B&B's have twice the density, EXHIBIT B 2 potentially twice the density as the short-term rental, but this language would require virtually the same parking as a B&B. Hotel units without a kitchen, which would be the equivalent of a bedroom and a house, you only have to have one parking for three units, not one for each unit. So, II don't know. This seems to be, to me, a little bit harder on the short-term vacation rental than, certainly much more onerous than the hotel guest units without a kitchen, and the same as, say, a B&B that could have as many as, could have twice as many people in the building. JACKSON: Would you like me to respond to that? CLARKSON: Please. JACKSON: Okay. So, the hotel use, it's not really shown here, but if you look at the definition of a hotel in the Code, hotels do not occur within a single-family dwelling, so it's a, it's a different type of use. The closest thing to what this bill is trying to address would be the bed & breakfast establishment. And, the bill and the suggested change to the bill both are kind of in line with that B&B parking requirement. Basically, it says if you're renting a room, you have to provide one parking space per room. So, that's actually consistent. But, the difference with the, the Bill 256 is that some people do just rent vacation rentals as an entire home to one family, so it's not fair if somebody comes over on vacation and rents a rental car and comes with their whole family to rent the home. There's—there's no reason why they would need three additional parking spaces, if they've just rented one or maybe two vehicles. It would be similar to like having just a family live in the house. And, so, that's, that's the reason for that. HENKEL: Mr. Ikeda? IKEDA: You know, I, I support the Director's recommended language. It's much better than the original, but my concern isn't so much about the language. My concern is will the Council considered this language? And, I know what the Director recommended, you know, for approval, but I'm afraid that the Council might just stick to their language and not necessarily adopt the Director's recommendation. JACKSON: Yeah, we, we debated whether to make a favorable or unfavorable recommendation. We supported the intent of the bill, but just wanted to add that, that additional clarification which is why we went with favorable. But, in hindsight, I can see your point, Commissioner Ikeda, and it may be more appropriate to go with an unfavorable recommendation on what they're actually proposing and then to recommend any proposed language that the Commission sees fit. HENKEL: Yeah, the Council is going to, you know, make a determination, you know, with or without our approval, but that's why it's important to have our discussion here so that, you know, if, whether we approve or disapprove, they kind of know where we're coming from. And, Mr. Clarkson, your, your comments were kind of indicating that you feel that the, the language is too restrictive. To clarify for me EXHIBIT B 3 CLARKSON: —Well, I, I just have the feeling. Here's as business that's basically unregulated and now they, the Council is proposing to jump in and regulate one aspect of that business which is parking. My understanding is that there hasn't been a whole lot of, of trouble caused by short-term vacation rental parking, and I don't know. I just—why make, why make a change to the zoning ordinance, if that's what this is, the County Code, for basically what appears to be not much of a reason. And—and making the change just makes life harder for people who presumably haven't been causing much of a problem anyway. HENKEL: Yeah, I agree that, you know, I feel that small, diversified businesses should be nurtured more than restricted, but I don't know how to, to react to this yet, you know. JACKSON: That's, that's a fair assessment, and we did point out in the Background Report some of the parking requirements for other areas in the State. And, Maui County, Kauai County, and City & County of Honolulu all do allow short-term vacation rentals and their parking requirements are less restrictive than what the Council is proposing. HENKEL: Are there any more comments or questions of staff? Okay, now I see a County Council Member in the audience. Were you going to come up and comment, Susan? LEE LOY: I wasn't going to comment. Aloha HENKEL: —Thank you, thank you for being here. Would you raise your hand, please? LEE LOY: Yeah, sure. HENKEL: Do you swear or affirm to tell the truth in this matter before the Commission? LEE LOY: I do. HENKEL: Thank you. State your name and where you reside. LEE LOY: Sure. Aloha, my name is Sue Lee Loy. I live in Hilo. I actually am here because my predecessor initiated the Bill 256. So, in follow up to the work that he was doing previously, you know, I began to track it. Do I have any comments? You know, I think the process allowed for the Council to hear some concerns, initiate a process, and then send it down to the Department that has the skill sets and the resources to evaluate them. Having reviewed the Background Report, you know, like you folks, I trust the skill sets and the technical expertise coming from the Planning Department. What I also am hearing is Commissioner Ikeda does have some concerns about what the Council will do. I cannot speak for them, but if you, I think if you folks provide them clarity on what you folks support and what you folks don't support, that will be reflected in the record that goes up to the County Council, and then we can allow them to evaluate it based on their districts, and their districts' needs. EXHIBIT B 4 I know what goes on in my district. I'm not sure how it will impact other districts, but, you know, that's, that's the process that's available to us and, you know, we'll go ahead and vet it one more time up at the County Council. HENKEL: Thank you, Susan. Does anyone have any questions for Susan Lee Loy? Thank you. You may be seated. Is there any other public testimony on this issue? Oh, I'm sorry, here we go. Rufus SonogniniI hope I'm pronouncing that correctly, Sandra Pak, and Alicia Chang, will you please come forward? Would you please raise your right hands? Do you swear or affirm to tell the truth on this matter before the Planning Commission? SONOGNINL Yes, I do. PAK: I do. HENKEL: Thank you. Let's start with you. Are you Alicia? CHANG: Yes. HENKEL: Okay. CHANG: Yes, my name is Alicia Chang. HENKEL: And where, please your name, where you reside, and keep your CHANG: I reside HENKEL: testimony to three minutes, please CHANG: —Okay, I reside HENKEL: —and speak in the mic. CHANG: at 88 Maikai Street, and I'm here to talk about the parking in my neighborhood. We have an owner in our, new, in our place. She's fairly new to the neighborhood. She owns five cars, five vehicles. She also rents rooms in her house so when she has tenants, her cars are parked all over in the neighborhood blocking, sometimes blocking the next neighbor's driveway, so they have a hard time to get out. She was parking across my house, so her tenants would come at all times of the day. Sometimes late at night knocking on my door, you know, trying to find her residence. And, so when it rains, her vehicles are parked outside of her driveway `cause she has five cars, and her tenants goes into her garage. So, that's why I'm here because she is, like she's not very neighborly. She does what she wants to do no matter how nice you talk to her or whatever. She will do what she wants. Thank you. HENKEL: Ms. Pak, please? EXHIBIT B 5 PAK: Yes. We're having the same problem with this particular neighbor. HO: Oh, sorry. Can you please state your name and where you reside, please? Thank you. PAK: Oh, my name is Sandra Pak, and I live on West Kahaopea Street. We're having the same problem with her multiple cars. I wanted to ask, with this recommendation behind us, are the spaces for parking to be provided by the proprietor if you have a vacation rental? Or are you talking about city and county street parking, like one per individually rented out room? HENKEL: Maija will answer that. JACKSON: This would be off-street parking requirement. So, if the person is renting four bedrooms, they would have to provide five spaces. PAK: On their dwelling? JACKSON: On their property, yes. PAK: Okay, because I don't think that is happening right now according to our observation. Besides taking up practically all the spaces provided across from her residence which is I think city and county property and blocking either entrance or exit from people's driveways. She is also parking on our private property. She has used our driveway after repeated warnings. A sign has been posted. In fact, several signs were up not to use this space at the beginning of our driveway which is our private driveway, and, or to use the driveway to get into a space that she created by herself on her property, and she sticks her cars' tail out on our property. She has put up a canopy there, and it's on our property, and the rebar marker which was done by our survey and her surveyors last year—our survey was done long time ago. The markers are right there, and she continues to like violate and go over the property. We have called the police last year. I called the police, and he went over to explain to her about the property and that she should not be violating private property rules, but she still continues and today as in the past, she has always parked on our private property or used our private driveway when she has her own driveway and her own garage. So, she is not right now providing any of the—say for example—if she has, is renting out three rooms, and then she would need three parking spaces for the individually rented out rooms and her own. One for her own. She's not providing, I think, four spaces on her resident [sic]. Or her private property. HENKEL: Thank you. SONOGNINL I believe it's my turn. HENKEL: Yeah, am I saying your name right, Mr. Sonognini? SONOGNINL That's perfect. EXHIBIT B 6 HENKEL: Oh wow. Okay, please state your name and where you reside, sir. SONOGNINL Yes, I will. My name is Rufus Sonognini, and I'm representing my neighborhood on West Kahaopea about this bed and breakfast and vacation rental that has been running business for the last 4-1/2 years without a license or a permit, without a license for a bed & breakfast. But long story short, I'm representing them because of what she does to us. I'd like to show you folks these pictures how she parks her vehicles, and the vacation rental there. LSecretary's Note: Mr. Sonognini's photos were circulated among the Commissioners.] HENKEL: Yeah, if you could, we'll pass them from here. SONOGNINL And I have a proposal. I want you folks— HATA-FINLEY: Microphone, please. SONOGNINL I want you folks to know that we have a one -lane road, and she's blocking our one -lane road and our driveways HO: Please speak into the microphone. Thank you. SONOGNINL And, our driveways. A one -lane road and our driveways. We have been trying to be so nice to her to help her to understand that what she is doing is not right for our neighborhood. We've been there over 50-60 years, and she has come in and just been viciously rude to us, and does everything to harass us in our, in the process of parking. We are disgusted with it. We had enough of this problem with her for the last four years, and we want something done about these bed & breakfasts. I'm not saying all bed & breakfast is like that. I've lived in Kailua and Lanikai for 19-20 years. Never had a problem with vacation rentals. Never. I move here, and I get this vacation rental fromI'm not criticizing people from the mainland that open up vacation rentals, but please have some respect for our neighbors and our neighborhood that has been there for 50-60 years. It's a one -lane road, and she parks her vacation rental cars, or her cars, right on the edge of the road where the people that live there have to go on the side of the road where it's all mud and rocks to get around her cars because we can't get through. I mean, something has to be done about this because enough is enough. I mean, like I said, have some respect for our neighbors. Why is she so mean and so cruel to us? We just don't understand. And, that's all we have to say is that please do something about these bed & breakfast people that—and another thing I wanted to ask her was when she says they have to have parking for vehicles that rent their places, is it on city roads? Or is it in private property? HENKEL: That's been answered. It needs to be off-street, the parking. SONOGNINL I don't understand that. HENKEL: Off, off the road, on private property. EXHIBIT B 7 SONOGNINL Yes. So, I went to the State, City, Planning Department, Tax Department. I finally got somebody to help me to get parallel parking. Even at parallel parking, she still does vertical parking with her vehicles. Most of those vehicles are hers, especially the blue van, and so on and so on. She does this purposely to harass our neighborhood. Purposely. So, that's all I have to say, and I thank you for your hearing. I really appreciate that you folks hear our testimony. Thank you very much. HENKEL: Thank you, Mr. Sonognini, and thank all of you. We really appreciate your coming up and, and your input. Does anybody have any questions for the testifiers? CLARKSON: Yeah, I do. How, so somebody mentioned as an example, three short-term renters in this person's property. Is that, is that the maximum number, a typical number or did SONOGNINL No, more than that. CHANG: Her? ARAI: Microphone, please. CLARKSON: I'm just— CHANG: —Her? Her house. It's double -story, so she lives on the bottom part of the house, and on the top portion, there's three bedrooms on the top portion. CLARKSON: Okay. CHANG: So, she rents the top portion by rooms. CLARKSON: Okay, and these are CHANG: —And the neighborhood CLARKSON: —These are, these are short, very short term. They're not permanent boarders, but CHANG: —Yeah, short term, but the neighborhood never knew about this until maybe I would say ten years ago that she was doing something like this. CLARKSON: And, and how many parking spaces or how much, how many cars can she actually fit on her property without going out to the because you mentioned a garage, but CHANG: —Yes, in her garage— CLARKSON: —does she have any other place EXHIBIT B 8 CHANG: her garage is a two -car garage. CLARKSON: Okay. CHANG: But then she has a long driveway where she puts her other cars. CLARKSON: Okay CHANG: So she owns five vehicles, but when she rents out her rooms, her vehicles, her own vehicles is [sic] parked outside, but sometimes her own vehicles are outside for like a month. Sometimes a week, more than a week. CLARKSON: But, I'm just trying to make, make it clear in my mind, if she didn't have any renters, she could park four cars on her property. SONOGNINL No, what it, what it is, on the average, she usually has at least, I would say, four or five couples, or some with children, so in order for her to get those cars, five or six cars in that parking area, she parks her cars and the extra that she can't fit in there on public parking, you see. CLARKSON: Okay. No, so that answers my question. She, even if we adopted, even if the Council adopted this language, she would be in compliance if she can park five or six cars on her property. So, I just wanted to point that out SONOGNINL Right, okay— CLARKSON: because although I sympathize SONOGNINI: Right— CLARKSON: there's apparently no law that prevents people from owning as many cars as they want SONOGNINI: Right— CLARKSON: —and parking them all over the neighborhood. SONOGNINL Well, that's— CLARKSON: But SONOGNINL that, but the problem we're having is she's not respecting the law as far as parking it parallel with the road or where the parkI had to go through the Act of Congress to get the State, City & County, and the Planning Department, and the Tax Department to get the city to put parallel parking, so now that we have parallel parking, she parks four of her cars on EXHIBIT B 9 the parallel parking and where we're supposed to park, it's all no parking now. She gets all the parking, and we get no parking. CLARKSON: Okay, no, I understand that SONOGNINL —And I have, I'm surely sure you saw the boat on that picture. I cannot get my boat out because her vehicles is [sic] blocking my driveway. It's a one -lane road, now. It's not a two-lane road. It's a one -lane road, and she's blocking everybody's driveway. And, that's not fair. Now you got it? HENKEL: I've got a comment or a question. I'm kind of concerned about the language. Is there a standard for off-street parking? Does it have to be graveled or paved? I mean, I saw the cars just SONOGNINI: No HENKEL: pulled up on the grass— SONOGNINL not necessarily. JACKSON: It depends on the area. In agricultural districts, we allowed non -paved, but typically in Urban areas, especially if it's like a commercial business, they would need to provide paved parking and ADA parking stall. SONOGNINL So, at least I got her for not parking vertical to the road, because she parks her cars right up to the edge of the road. Sometimes, she puts them right on the side of the road, and we just can't get out. We can't see the cars coming up and down. All I'm asking is to help us to solve this problem if it's possible. I don't know if it is possible, but that's why we're here to hope that something can be done about this bed and, this special bed & breakfast as harassing us every single day. HENKEL: Okay. I thank all of you. Any other questions? IKEDA: Yes. HENKEL: Mr. Ikeda? IKEDA: Maija, do you know anything about investigating this illegal bed & breakfast, or is it an illegal bed & breakfast? JACKSON: It's, it's not as far as I know a bed & breakfast. I don't know that they're serving breakfast. I believe it is a short-term vacation rental which we do not regulate, and attached to your background report is a letter that the Department of Public Works, Traffic Division sent to the owner of the vacation rental, and because they had received complaints SONOGNINL I know, I got it. EXHIBIT B 10 JACKSON: They sent a letter to her notifying her that she cannot park perpendicular to the road, and so they instructed her to have her guests start parking parallel to the road which it sounds like she's not doing even though this letter went out in August. SONOGNINL II, this has just happened where we got the para—or I got the, we got the parallel parking because I complained so much to the city, and then Fresh Onishi helped us with this problem, and talked to the city to get it parallel parking. But, she has had her tenants parking vertical over there outside the parking zone area. I called the police on `em and gave them tickets. She saw and found me talking to the police, and when the police left, she harassed me to the max. "I'm going to catch you! I'm going to make sure that I can crucify you!" And, all these bad things because I turned her clients in for parking illegally in a parking area, and this is the kind of problems we have with her every day. JACKSON: Yes, have— SONOGNINL —And, something has to be done. JACKSON: Have her guests been parking SONOGNINL —And, I need to JACKSON: perpendicular since August? SONOGNINL A little longer than that. I think was JACKSON: —Okay, so there's still parking perpendicular to the road and not parallel? SONOGNINL Some of them do, yes, but JACKSON: —Okay, soI think the next step in this particular situation is we can contact the Traffic Division and tell them this is still an ongoing problem and then they can look at actually prohibiting parking SONOGNINL Well JACKSON: on the street. SONOGNINL Well, this is what the Police Department told me. Any time you see them parking illegally or out of the parking zone areas or parking the wrong way, call them up, and they'll come and do it. Most of the time, they're doing this like nine, eight thirty, nine, ten o'clock at night when they, when the, when these guys come off the airplane and they're parking. They don't know where to park. She's not telling them how to park. So, they're parking all illegal. How can I call the police to come at ten o'clock at night and give `em aI can't do that. And, a lot of times, what I do is, I see them coming and parking during the day, I tell them, "Please don't park that way. Please park vertical. If not, I have to call the police and EXHIBIT B 11 have you guys have a ticket." And, the ticket is a $100 per car. Yes, so, and another thing, I'm going to answer your questions. If she has a bed & breakfast, and she doesn't have a permit or a license for it, she is illegally running a bed & breakfast business because that thing has to be certified and checked by the inspectors to make sure that her kitchen is passing a, passing the regulations and the laws. HENKEL: Thank you. ARAI: Mr. Chairman, please be mindful that what's agendized today is comments on the draft bill, and I just want to make sure we don't dove you know, migrate too often and start speaking about a particular situation. HENKEL: Okay, thank you. Does anyone else have any questions pertaining to this bill for the testifiers? Thank you. You may be seated. SONOGNINL Okay, thank you very much. CHANG: Thank you. HENKEL: You're welcome. Could we have a motion to close public testimony? MIYASATO: I make a motion to close public testimony. IKEDA: Second. HENKEL: It's been moved and seconded. Allin favor say aye? COMMISSIONERS: Aye. HENKEL: Opposed? Okay, public testimony is closed. What we would, what we need now is discussion and a motion for action. MIYASATO: Chair, I have a, I guess a question. Being that short-term rental is I guess unregulated, what is the enforcement mechanism for this? JACKSON: We don't actually regulate the use, but if this bill were passed, we would regulate the parking. Meaning, if, if a homeowner was not compliant with this parking requirement, then we can go through the enforcement provisions in the Zoning Code which involves a notice of violation and daily fines. MIYASATO: Would you know off hand what the fine would be? JACKSON: What was that? MIYASATO: Would you know off hand what the fine would be? EXHIBIT B 12 JACKSON: The fine usually starts at $500 for the initial violation and then there's a date that we give them to comply by, and then if there is recurring violations, it can be an additional fine. I believe that starts at like one, two, and three hundred depending on how many reoccurring violations there are. And, then there's also daily fines that would start at $100, and if they don't comply by that deadline, then we issue the daily fine of a $100. MIYASATO: Okay, thank you. HENKEL: Mr. Ikeda? IKEDA: Yes, you know, according to this bill, all rental units has to have a parking stall. Is that correct? Like if the tenant, I mean the owner had three parking stalls, they need fourI mean three rooms, they need four parking stalls. Is that correct? JACKSON: That's correct. IKEDA: And, all the cars have to be parked on the property. JACKSON: That's correct. IKEDA: So, okay, so I just wanted to make it clear so the people understand that if we should pass something like this, then that's what would happen. JACKSON: That's correct. I just want to clarify, though, that in this particular situation, I think part of the problem is that the homeowner has five vehicles of her own, so IKEDA: I understand, but JACKSON: so, even though the Code would require four parking stalls on site, she would still have, she, if parking is not prohibited on the street, she could park her other four vehicles on the street. IKEDA: I understand, but there have been problems where the visitors are parking on the street. So, this would eliminate so-called parallel parking or whatever. JACKSON: Yeah, it would eliminate people coming at night and not knowing how to park, yeah. HENKEL: Would it be appropriate for us to add a condition if we approve that, you know, three parking stalls for the customers, and one for the owner, and then that would be the total parking allowed. Is that what Mr. Ikeda just point out? Cause that's, it's not in there already. It just, it just says on the property they have to have four, but there's nothing in there about parking on the street. I just know that, you know, to park on the street, your car has to be licensed and inspected. JACKSON: Right. EXHIBIT B 13 HENKEL: And current safety and all that. JACKSON: So, this bill is addressing the Zoning Code and the off-street requirements for any land use. So for various land uses, we have different parking requirements off, off street, and then, the Department of Public Works, Traffic Division regulates where parking can be allowed on the street. So, they can allow parking. They can prohibit parking in certain areas, and so we, we kind of want to continue to leave that up to Department of Public Works' discretion. To determine where it's safe to have on -street parking. So, that's why in this situation, if Traffic Division feels like this issue is not being resolved by parallel parking, they can go in and actually put up no parking signs and restrict parking on that area of the road. HENKEL: Thank you. Mr. Clarkson? CLARKSON: Wouldn't, wouldn't it be simpler to, for bed & breakfast, short-term vacation rentals, hotels and lodges simply to prohibit on -street parking for users of those facilities? JACKSON: The assumption is that enough parking is provided in this section of the Zoning Code to where there's not a big burden of parking on the street. That's the point of having the off-street parking requirements CLARKSON: —Yeah, but I mean JACKSON: to make sure that there, there's enough parking required off site, but not so much of a parking burden to where you have these, these areas of massive parking lots that aren't even being used. So, it's, it's really a balance. CLARKSON: Okay, I understand, although in this case, it wouldn't solve the problem anyway, but since the owner has five vehicles—okay, thank you. HENKEL: Thank you. Any other questions? Then I would look for a motion for action? Oh, one more? CLARKSON: One more question to follow up on Commissioner Ikeda's original question. What is a space? JACKSON: What do you mean, "what is a space?" CLARKSON: Well, is a space just, does it have to be marked? Does it have to be—you said it could either be graveled or paved depending on whether it's in an Urban, but I mean. JACKSON: It's usually marked, and there are parking space dimensions in the Zoning Code, so you have to lay out a certain dimension that makes up the space. CLARKSON: Okay. EXHIBIT B 14 JACKSON: Yeah. CLARKSON: So, just a place on a lawn next to a driveway is not a space? JACKSON: It can be if it's marked correctly CLARKSON: —Okay. JACKSON: —and it shows that it's a parking space. CLARKSON: It has to be marked as a space. JACKSON: Yeah. CLARKSON: Okay, thank you. SONOGNINI (from audience): (inaudible) HO: Sir ARAI: Sir HENKEL: Sir, I'm sorry, public testimony is over. SONOGNINI (from audience): Oh, I'm sorry, (inaudible). CLARKSON: Okay, thank you. HENKEL: Call for action? HO: Just a side comment, if you guys want, you're more than welcome to change the motion that was on the sample to create an unfavorable but then adding in the language that the Planning Director recommended. MIYASATO: Chair, I'll make a motion. You know, I'm fine with the term "suggested revisions" as written up there, so I'll make the motion. I move that a favorable recommendation be forwarded to the County Council of Bill 256 based on the Planning Director's recommendations, findings, and suggested revisions as written which shall be adopted. HENKEL: Is there a second? MOSES: I second. HENKEL: It's been seconded, or I'm sorry, moved by Commissioner Miyasato, seconded by Commissioner Moses. Would you do a roll call vote, please? EXHIBIT B 15 JACKSON: Commissioner Miyasato? MIYASATO: Aye. JACKSON: Commissioner Moses? MOSES: Aye. JACKSON: Commissioner Clarkson? CLARKSON: Aye. JACKSON: Commissioner Ikeda? IKEDA: Aye. JACKSON: And Chair Henkel. HENKEL: Aye. JACKSON: Okay, the motion passes five, zero. HENKEL: Thank you. The discussion ended at 10:33 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 16 10V1111.11 1.1