PD RECOMMENDATION REPORT (PL-SMA-2023-000027)

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R DLFujimoto_SMA 4/1/23 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION D&L FUJIMOTO LLC SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2023-000027) Upon careful review of the applicant's request against the guidelines for granting of a Special Management Area Use Permit, the Planning Director recommends that this request to delete Condition No. 7 (public parking requirement) of Special Management Area (SMA) Use Permit No. 51 (SMA 51) to clarify the management and use of twenty (20) public parking stalls located on a 1.468-acre parcel situated within the Special Management Area (SMA) be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This approval recommendation is based on the following: D&L Fujimoto LLC (Applicant) seeks approval to delete condition No. 7 (public parking requirement) of SMA 51 in order to exercise reasonable controls over the "public use" parking area on its property. Condition No. 7 of SMA 51 designated twenty (20) parking stalls on the makai side of the proposed building for public use without any restrictions or controls. The existing building located on the subject parcel houses a variety of uses consistent with the site's resort zoning (V-.75) and the parking stalls designated under SMA No. 51 have continued to be set aside for the public. However, there has been on- going abuse of the unlimited free public parking which is counter to the intent of the parking area and the safety of the public as there are no restrictions on these twenty (20) parking stalls. The condition on the SMA Use Permit was a requirement for approval, however, parking is not one of the SMA policies, objectives, or guidelines that are considered unless it is connected to shoreline access, which this site is not. As noted in the Topliss v. Hawaii County Planning Commission decision, the Commission's actions (including conditions) must have a reasonable relationship to the SMA objectives and policies. The Intermediate Court of Appeals in 1993 in that case opined that "if traffic -1-