ok i guess we can close public testimony approval of the minute got a motion got a second second all in favor him so he can go on with his presentation thank you and then ask for questions later previously approved short term mental home one of the first down in this area as we know these permits don't travel with the land there for the applicants so the owner of the property so when the property sells a new application needs to be made by the new property owner and so this property sold the new owners want to continue the short term rental use so they are they've applied for that  purpose the location is on the east end as civil indicated down and while a this is a aerial photo of the property and i'll go through these relatively quickly because i think everybody's somewhat familiar with the area but if you'd side of the property and this is the view south looking over mowing so it's a beautiful property and this is looking north as you came in the front door there is kind of an internal courtyard to the property it's surrounded by the rooms that has an outdoor kitchen but it's kind of self contained in that building surrounds this area which is the natural outdoor gather in space so that sort of protects it acoustically from it neighbors as well this is the great room and dining room areas of the home the kitchen dining area the first bedroom second bedroom and the third be you have the site plan and parking plan in your fact that i believe as well as the floor plan and i'd be happy to go into those in any depth that you like but out of consideration for your time i'll just sort of pass over those right now so the code specifies a series of criteria five criteria by which these things are to be considered and so i'd like to go through them individually and discuss them relative to our property the first is that the number and distance from the subject parcel to other short term rental homes there are five other short term mental homes in the neighborhood down there  knowledge they've all been operating successfully without complaints from the police or otherwise and occasionally there's concern raised about that but there's there's kind of both sides to that just like at maui has decided to concentrate visitor uses in why lay on the macand and kind of poly in the area it seems appropriate to have them consolidated in an area so that the impact to their neighbors  is lessened and so i would argue that that's actually a benefit in this instance but i'd be happy to discuss that the number and substance of protests for the short term mental home application and  in this instance there were no letters of opposition received and no communications otherwise in opposition to the application the next create areas existing and past complaints about rental operations on the property and as i mentioned this was a previously operated short term rental that operated legally with a permit and there are no known  existing or past complaints with the county and there is no our open our affairs complaints either and the other criteria is existing in past noncompliance with governmental regulations and there is no known to stain or past noncompliance with government regulations and then the last cites a section of code that's really related more to i believe it's condominiums and i it doesn't apply in this application so with that i would want to make mr thomas available it was my understanding he was going to be able to make oh i'm sorry he did make it here i caught him here in the back of the room so unless you know that he's available here if you have any particular questions but it's our belief that this home has been operating successfully as a short term rental under the previous ownership and the new owners have pledged operated part of the code and responsibly and we respectfully ask for your approval certainly available for any questions or thoughts that you might have i'd be happy to answer those as with mr thomas and would you like to say anything ok so with that i guess i just make myself available for questions if anybody has any thank you very much for your time thank you for a very clear presentation one question the lack of complaint during the application process i see there they made all the public notice  then i look at the requirement for two square foot sign displayed on the main access road to the place along with i see in for a that a notice of applications there but i can't tell is that sign and notice hanging on a fence out by the road or is that on the residence itself there is a shed in front of the residence itself and adjacent to kamehameha five and that seems to be the most obvious location to put the sign because it's readily visible from the street so that's what it's all about it's a very large sign so i would use it with no one concern is where that sign was in reference to the absence of any complaints from the locals and from the neighbors as that this changing hands and the new application has been filed all right i'm satisfied i think if i could also add we have notified the surrounding neighbors on two occasions be a certified return receipt ma so everybody is fully aware that this is being processed thank you thank  sir i did see the notice in the neighborhood store got our agenda today oh yeah i can show you a photo of that sign if you'd like in the presentation so you see it in this shed building that's in front of the right actually this photo was taken just prior to that but it's it's right there it so that it's not in the residential area there's so much rentals and people don't know who they are and people just com and and the neighborhood gets a little expensive the people that own homes around the area there their taxes go up then things like that and so i was hoping that we could like do a the other thing was that i don't have a problem i think with b and b not that i have one but i would consider it maybe later on down the line i don't know but because  the people that own the property the people that live here lifetime residents are people that been here for a while to open a b and b they're there on the property and we see what goes on on their property and they can if people want to complain and stuff you know like parking noises and people work in residential areas so there's lots of noise or lots of things going on they get upset and i've talked to a few people about it and of course they're not here today and i just found out i knew of this meeting was going to come up but i just wasn't paying attention to much to my letters so i'm very sorry about that and i want to apologize but  i don't know if anyone here has considered or had more information on death and i know hannah has a cap in their area and i think and there is pretty quite a lot i would think that we wouldn't want that mean but it would be up to the people that live on our side and i would like to work on it more with the community thank you for your time yet you know i just would like to clarify one thing we have the only legal vacation rental in the whole neighborhood i mean there's only one and it was the first from that that was issued so afford it anyways and lots of people will ask if there are local and they don't really want to rent it to locals but i'm not saying anything about the people that are all illegal now i'm saying that for the future of our island white you know to that we should think of having a calf that's what i'm not saying that you can't have one work she has one that she can't have one day i can't have and i'm not i'm not saying no i'm just saying that all those that are are legal because they are legal if they're legal then we can't tell them they can't be legally but if they sell it they have to good another permit and that means that not necessarily that they're going to get in there for me is that right and i don't mean  yes go ahead if i might suggest miss place if i might suggest if you work with perhaps a civil or maybe even council member of those office because i know there is a legislative process is coming up is going to possibly amend or edit or redefine the short term rental house law in my county and i think that would be an appropriate place to talk about those types of things  you came to i'm particularly good you came to give your your thoughts on this but today is specifically about this one specific home and so i think in order for your comments to be more effective and most effective if you could work with civil and maybe ask if civil could let you know when the planning commission is going to hear the general rules on the short term rental law and work with council member cabal you can add your comments at that time which they'll actually be a political to that action but the comments that you made all the well received they're not really apply to this particular action today so so in order to do that if you could do that those times as well then they'll have a greater resonance thank you so th days after the exhibit under the part means recommendation and the recommendation is the standard conditions from number one to number twenty three so those are basically standard conditions then you know how long the permit will be valid that number two may be extended by the party for up to a period of two years provided that there are no recorded complaints against this operation and subject to payment on time approval of the permit the permit holder shows then a copy of the permit approval permit number and a copy of the house rules twenty four our contact information to the owners and lessees of abiding area within those thirty days of the letter that the perm  that a maximum of six persons including children over the age of three years old that each permitted wedding unit on the property shall be rented one group with the exception of the island all that's not pertaining to and number eleven through twenty three will be advised that complies with codes covenants and restrictions of any applicable homeowners or apartment owners association is the sole responsibility of the applicant or comment would be this would be the point to some for somebody to make a motion i mean i just wanted to ask a question of civil on the report  you have sewers listed as county of my waste water system is a county we waste water systems serve that area or is that by an individual waste water system the reason i ask that question is it's my understanding but i'd like verification it's my understanding that all of the the residences at that location rely upon their own individual wastewater systems and if that's so i'd like just like the record to accurately and that we've got there were no changes but i can i can further investigate to make sure that that would be a finding of fact if it is county and my are individually swatter but according to what the  based on what the review and what the review process went through there wasn't not there were no change so prior to what it was it had said the county of mali wastewater system but i can further look into it  commission received i hear what you're saying and appreciate what you're but we are bound by law to follow a process we got along in the process before you arrive to make your testimony we have the facility of the purpose each year that we can stop what we're doing and back up adjust our of our motions and then allow you to make testimony do you do it yes please where are we in the process then we allowed to reopen public testimony or should we finished first in the open but there was a time for the chair called for public testimony at the start of the meeting then after the deployment presented the staff and and you know public just the money was received and then having no further public testimony the and staff was asked to present the recommendation which we did and there was a motion to prove subject to the condition presented in a second and  defer action or change the motion and then go back to public testimony listening to these gentleman and then call for another motion and make our final decision on this but it's up to the commission if they want to go back to public testimony but right now we know there is a motion on the floor that has been seconded and commissioners in a deliberate care stage under motion really comes down to who made the moshe if you're willing to withdraw your motion in a lot of public testimony ok that's fine to me as long as you're in a procedure like we normally should be ok yes and there's no disrespect to the gentleman that came up i just wanted to make sure that we're in we're in the right order continuously so if you're considering a long term it's one of the one hundred eighty these anything short of that we consider that as a short term rental whether they stay two days three days seven a one week two weeks as long  it's under one hundred eighty days it's considered as a short term rental thank you ok michael you want to speak say well he's been here for a long time and we need to keep our resources together and and this bed and breakfast stuff it's just not working you know i mean why can't they just you know at least take care of the schools and whatever you know give back to the community you know  l ok thank you monaco it's in the public record brother does anybody else have anything to ok and nobody going to accuse me i didn't let them speak or you're saying that these people don't add anything to the community they're paying commercial taxes i mean they're paying h taxes and that all goes to the community and to pay welfare and to pay all the things we enjoy i mean these people are just getting they're paying their excise tax or paying their trance yet they cation rebel tax they're paying their hi commercial taxes so they are hitting and running they're paying a heck of a lot of money since i started this detour i want to do i appreciate your patience we only had one item on the agenda we can't please everybody but the least we can do is listen we're going to act we're going to act according to the going to act according to our own good judgment but at least we can do is listen the greatest complaint i heard through the community plan process was that there wasn't enough opportunity for folks to speak their piece because their hearts about what's going on all in favor  our technical things together thank you oh i don't know if you take a break ok we're back in session commission i haven't been planning commissioner in the past i've been to far and and i'm sure you're finding it interesting and it can be fun and certainly rewarding role your purview is planning in general we're going to talk about the coastal zone management system and actually what goes on in the coastal zone and i'll try to make this is informative and helpful as possible if you have any questions as we go forward please speak up and be happy to  so this is the outline of what we're going to go through first of all we're going to talk about coastal hazards and climate change should note that terrell owens from the university of hawaii usually makes this this presentation she is attached to zone we're also going to be talking about the regulatory framework for the coastal zone management program so let's talk about some natural hazards to start with a resource you can go to to help understand the hazards is the atlas of natural hazards of the hawaiian islands and you'll note that web address is noted on this  rated somewhere in the middle for all of those hazards so let's talk about some of these hazards and a little bit more detail first and we're going to talk about is a tsunami and tsunamis are long wave length shallow water progressive k progressive waves caused by the rapid displacement of the ocean water there unlike wind generated wa water when the wind generated swells you typically see at the beach spawn by storm out of the pacific and rhythmically rolling in and one wave after the other might have a period of about ten seconds and a wavelength about one hundred fifty meters a tsunami on the other hand can have a wavelength in excess of one hundred kilometers and period on the order of one hour as a result the long waves tsunamis behave as shallow water wa and without getting too technical in the pacific ocean where the typical water depth is about four thousand meters a tsunami travels at a better two hundred meters per second or over seven hundred kilometers per  hour because the rate at which the wave loses its energy is inversely related to the wave length tsunamis not only propagate at high speeds they can also travel great transocean chance oceanic distances without losing much of their strength so history has shown that the impact of tsunamis can be very different in and within very short distances for instance in the one nine hundred forty six tsunami the run up high on the west side that were generated by earthquakes along the planks of killer way of kaino the travel time from distant sources can be on the order of tens of hours where as those originating on the big island can arrive within just a few minutes big island landslides and how those might impact the islands and these models of tsunami energy are incorporated into the eventual tsunami evacuation maps such as this one which are found in our phone books they are updated on a fairly regular basis so the tsunami evacuation zones are related to actual historical data but also on model hypothetical data so now let's talk about erosion and sea level rise yes yes so i'm going to go through just a few of the headlines and these are for now we island specifically but the general kind of information is  and now he does have the highest erosion rates and on a long term basis eighty five percent of the measured transects experience erosion at an average of approximately seventeen hundreds of a foot per year nearly seven kilometers of beach was completely lost to erosion and the analysis period on maui these are just some more headlines you'll notice that twenty fourteen twenty fifteen so is we previously as i previously mentioned we have historical rates of roshan the university of hawaii is saying that those may double by tw permitting and in terms of erosion there are three different categories there's the human impacts there are currents and seasonal wave conditions and then there's chronic erosion which comes from sea hand picture is of the remnants of some of the sand mining infrastructure that was there when the beach at papa dunes was being actively mined the same thing on the north shore of maui and baldwin beach area a lot of the mining  for sand from the beach for concrete and for the line for the sugarcane on maui and you'll also notice on the right side the north shore of oahu mining was common in the past but it's now illegal and actually cannot legally take any quantity of sand from the beach at this time so another human impact is our marine or hardening of the shoreline unfortunately the way we've responded to erosion in the past has been to armor the shoreline and it is easy to protect either the beaches adjacent developments if the sand supply exists the beach can maintain itself if the sand supply is cut off there is a roge and loss of beach the graphics on the left show you how the beach migrates in chronically eroding areas and on the right you can see the result of our marine sand is impounded behind the sea wall and the beach is unable to reach restore itself and further away protection from the sea wall tends to carry sand away from the beach that's accelerating beach loss and this picture shows you the difference between a seewald property and a natural beach so we have high waves  and from the winter north pacific swell the trade winds well summer south pacific swells the tropical storms and hurricanes and cone of storms which affect the shorelines of  know so high waves from the north swell range between fifteen and twenty feet and are a greater threat to more accessible frequented areas along the north facing shores high waves from trade winds swells range three to five feet along the eastern shores and the south swell generally range three to six feet and affect the nice south shore but are dampened along one of these southern coast  are generated by hurricanes as they approach and pass the islands other third cousin erosion the sea level rise this is what this slide is showing past and projected changes in sea level going all the way back to the hundreds where we have settlement and ice records telling us what the climate looked like back then and the late eighteenth hundreds tide gauges were installed and we've been tracking actual records since then these readings are represented by the yellow or i'm sorry the blue line in the gra and you can see the upward trend of that recorded data the green line just to the right of the blue line shows satellite data that as you can see supports the tide gauge data and the great area our projections into into the future which are based upon climate models and generally range from one foot to four feet by twenty one hundred so we generally use a target of three to four feet of sea level rise by twenty one so one could we anticipate by twenty fifty and you can see three to four feet twenty one hundred and to give you an idea of what the sea level rise does to the shoreline we have from the army corps of engineers a tool or a can take the projections so if you want to think ahead to twenty one hundred looking at the low medium high models for sea level rise in the copper we gauge predicted that we will see sea level rise from one to go to over five feet by twenty one hundred i don't have a good example for you from model but this example will give you an idea of what sea level impacts might be on our shorelines of the top picture is caught on a public beach in west maui and it's from march of two thousand and three and july of two thousand and three the resorts were scrambling to protect protect the beach walk and all their infrastructure and you can see the difference in the amount of beach from march to july just in four straight for short months what happened there is we had a warm water eddy that came through the islands and the warmer water of course takes up more volume as compared to cold water and the sea level rose that summer by as much as up to five inches just that little bit of tide on top of the normal waves is what caused this kind of  the sea level rise impacts on on the one islands in crease rain intensity and sea level rise it's equals flooding solid intrusion into the wetlands coastal erosion leading to sea walls and beach loss wave overtopping closes roads infrastructure is vulnerable including wastewater plants areas  no digital coast sea level rise viewer is another tool that we use and can actually show you what sea level rise can do so this is  archive as we see it today with the sea level as are today sea level and you can see that little green areas there is some low lying area just with the existing sea level so if we look at one foot sea level rise you can see that there are some additional low lying areas and some  at two feet we're seeing a little bit more about flooding and low level areas at three feet there's significant inundation along the coast four feet and remember that this is the minimum that we might expect by twenty one hundred five feet and six feet and as you can see we have significant problems at that point establishes the hawaii climate adaptation initiative act and created an interagency climate adaptation committee to develop a sea level rise vulnerability an adaptation report addressing the state wide impacts to twenty fifty so we actually focus on the items between those two extremes management managed retreat the existing older development i was built sustainably were older plantation homes were built back away from the shoreline and the buildings are elevated we don't see that as much on maui where things are close to the shoreline and built slab on grade so i can manage to maintain it's develop pattern you're actually a step in the right direction and another response is beach replenishment doing restoration helps to recreate a healthy beach providing a good hazard mitigation as sand is a good action in some instances we do temporary erosion control that is using joe bags or drawings or some other method and then of course in the end the armoring and permanent rock prevent i'm actually not going to address riverine and coastal flooding today suffice it to say that flooding is a real issue and is reviewed through the flood development permit process which is  which is handled by the zoning administration and horsemen to visit and at your request you can receive a briefing from them so let's talk about the regulatory framework we have the special management area linkage the community plan and of course your shoreline area so here is the planning framework for why you can see the coastal zone management act here in parallel with the state planning act and the land use commission and zoning separately the county has responsibility for and the act delegated responsibility for the coastal zone management to the individual states from coast lines and in the state of hawaii that was further delegated to the individual counties and  we have opted to have each the individual planning commissions adopt their own rules for research to respect to violence and you can see the s m a rules and the shoreline rules for more on the law right and there is one typo there are the shoreline rules are twelve steps three zero four not three zero three planning department and you you're looking at environmental issues such as coastal hazards drainage and impact on people downstream development impacts available resources and to minimize impacts to those resources caesium was established as established objectives and policies to minimize impacts were possible without going into detail the objectives of the  c m are to look at our resources and how they are impacted recreational historic cultural scenic open space ecosystems coastal hazards beach protection access and marine resources and this graphic kind of says it all in terms of the development stages as compared to market value and land owner investment expectations and the s m a assessment typically comes in towards the end of the process rather than in the beginning  and it's been typical to have small lots of established because it creates a greater return to the property owner and we would advocate that may want to look at those hazards much earlier in the community planning process has its own special management area and shoreline rules and mary counting charter designates the respective planning commissions as the authority relating to them so this map shows the most special management area in pink which you can see is relatively very limited when originally designated the coastal highway was generally the dividing line i would so the goal of the us aim a rules is to preserve protect and where possible restore the natural resources of the coastal  coastal recreation loss of coastal view plains adverse effects to water quality fisheries wildlife habitat and loss of existing or potential agricultural uses and the bottom line is to minimize wear reasonable adverse impacts to the environment so there are four levels of permits major minor emergency an exemption and a permit of course could also be denied in reviewing permit application civil and the other planners may work with an applica for a year or more fine tuning the project so that once it gets to you for review the project will of address the s m a environmental concerns and should be in good shape for your review and you may your permit is one that  not exempt and is in excess of half a million dollars and that requires a public hearing and owners within five hundred feet are notified by certified mail a minor permit is commission is the final authority on it and emergency permits eminent and substantial harm to the public where welfare may be the issue the director may give oral provable to protect habitable structures but must submit a report to the commission upon final determination and these permits are only good for  and exemptions are available for projects or activities determined to be not a development under the hawaii revised statutes to a five a the caesium while an example of an exemption would be a single family residence that's not not a part of and as mentioned emergency permits are to be reported to the commission at its next regular meeting and decisions can be contested by the african or other parties by filing an appeal with the commission within ten ten business days after the natural or cultural resources an applicant for example wants to destroy to have to build a house we won't let them do it as it would have been irrevocably loss of a natural or cultural resource and as you can see these are all environmental criteria  and as you can see the the purpose is to balance the competing demands for utilization preservation of beach and ocean resources and it is imperative that the that use in a german of the shoreline area is insured for the public to the fullest extent possible natural shoreline environment is preserved and that manmade features in the shoreline area be limited to features compatible with the shoreline area natural environment of the shoreline is productive protected from development that the quality of scenic an open space resources be protected preserved and where desirable restored and that adequate public access to it on the story line when development encroaches on the shoreline coastal hazards may necessitate hardening to protect structures resulting in this lovely scene and to ensure the public use and enjoyment of our shoreline resources are preserved and protected future generations in accordance with  and the objectives of shoreline setbacks are to move out of harm's way planned the obsolescence of structures and the shoreline set back and sure shoreline access access and limit the types of structures and activities in the shoreline setback area and there are certain permissible minor structures under the shoreline rules so long as it does not adversely affect beach processes artificially puts the shoreline does not interfere with public access and does not walk public  new structures are required to be elevated one foot above the base for the elevation on pilings or columns and the county would be held harmless with no liability and does not harden the shoreline question yesterday we got a notice yesterday that the federal government has issued the state of hawaii on notice that they're going to withdraw flood insurance and flood and national assistance to flood damage because apparently the state said that ag building did not have to be permitted and and out of it that in light that changes in the state requires buildings to be permitted that they're going to withdraw the national flood program and i don't know i got that yesterday from considered even if it's a structure so i think the state has one year the federal government is giving the state one year to try to bring up or remedy  a couple months ago when i was part of the workshop and so there was a few questions that i tried raising with the federal and you can't do anything with that the certification is it is what it is saw that kind of that was kind of the best answer that they could give and as far as the end of ip they said if we try to list what are you planning and with the estimate the county to go to the county but because we live here and we see how they call around getting an estimate permit and i feel that home and that was part when you have these oceanfront going to setbacks and like you said it was in some years ago that the rules but they're not really following because when the when when it comes to the commission and sometimes maybe civil misses it for some reason or other but it comes out where home they're getting those permits in and building  the wetlands and things like that and that's one of the subjects you know we've been talking about because the wetland is there for a purpose but there's a lot of people feeling it and all the silt is going into the ocean and it's really late last night there was a lot of rain on the east end and you should see it out there i mean the water is so bad so bad because these rules are not followed that in here that's all i have to s on eastenders quite a few of those now that blocking the view made and they got permitted for that so i want to know how this is what my question is now is how do the thing with these rules in writing get which is ultimately reviewed and acted upon by the planning commission there and the rules for you and with respect to that are identical so if they're being built recently legally they're only doing so after they've gotten the variance from this commission  i haven't i haven't seen any that come up since i've been on the commission nobody stonewall complaints that they came through those ordering enforcement division that are in our inspectors have to go out and investigate but until it's not known it'll it'll continue because our division is say is that you have this in black and white and you you see it and we all can see it but then these things are being done still and i'm not saying that you're there in the force and i understand that  thankful to have all of you here to be on this commission and all i'm saying is that how can these things be permitted legally when it's illegal that's what i'm saying you know and i know it's not your job so what i'm saying is that because you call somebody from the d l in our you know and then they come out and they look at it and they don't respond to you that what's being done they don't tell you anything and then nothing is done it's just put on the back burner and mulcaire is a small community so everybody knows everybody and nobody wants to be dogging on anybody i don't i don't feel good about i don't want to tell stuff about my neighbors you know i have lots of a lot of for them but it's wrong so when do we put an end to this if it's wrong it's wrong we need to it's not because you're my brother or you're my cousin that you can keep doing these things and people don't want to see that because you are a small community and that's the thing like she said maybe it's enforcement but we've talked to we talked to this about this even in the planning process there was a lot of stuff about this and i'm not trying to dig up old stuff but i want to see that we move forward and we can do things like maybe like even from now where they are on the east end where where the road is maybe people shouldn't be building on the ocean they should be building mouth of the r so it's really sad because nothing is being done about it thank you for your time it's actually even more dangerous because they mowed the mangroves and if you don't know the road you think that that's a shoulder and somebody is going to end up there is a process for there to requests for service and you can do that online yourself or we can help you through that process would be happy to do that but from correct and i can go to the county website correct but if if nobody but if nobody complained  and and keith is right regarding variance and sort of if they come in and you know they're there get they get cited you go to the i r s fast they get cited they would have to come in and go through this process although it'll be an after the fact  mean they would still have to go through the process and then you know the shoreline he will look at it and if it's an actual remove all you know we had requests where you know they would have to actually remove remove the th wall and we're actually doing there we're two or three sea walls on merit right now at the pier being removed and we do have one on the west side west and that we're we are going through right now as well it's through the process yet but they're pretty consultation to that came to their department to ask them can you help because of this natural law occurrences of these wave action and what would be the best he will be cancelled and so after that it will be june twenty third and july fourteenth we have circulated the list