County of Maui, Director of Planning's Witness and Exhibit List

20/4721 RECEIVED VIA WALK IN NOVEMBER 2, 2020 COUNTY OF MAUI DEPARTMENT OF THE CORPORATION COUNSEL 205 DEPT. OF PLANNING

MOANA M. LUTEY 6385 Corporation Counsel THOMAS W. KOLBE 7679 KRISTIN T ARNSTROM 9934 Deputies Corporation Counsel County of Maui 200 South High Street Wailuku, Maui, Hawaii 96793 Telephone No.: (808) 270-7741 Facsimile No.: (808) 270-7152 E-mail: [email protected]

Attorneys for Appellee COUNTY OF MAUl DIRECTOR OF PLANNING

BEFORE THE BOARD OF VARIANCES AND APPEALS

COUNTY OF MAUl

STATE OF HAWAII

In the Matter of the Appeal, DOCKET NO.: BVAA 2020-0007

of COUNTY OF MAUl, DIRECTOR OF PLANNING'S WITNESS AND EXHIBIT PAIA BAY PROPERTIES, LLC UST; EXHIBITS "A"- "D"; Attention: Michael Baskin CERTIFICATE OF SERVICE P.O. Box 7901000, Haiku, Hawaii Tax Map Key: (2) 2-6-002:010

Appeal of Department of Planning letter dated April 17, 2020 denying a parking reduction request for property located in Paia, Maui, Hawaii

COUNTY OF MAUl , DIRECTOR OF PLANNING'S WITNESS AND EXHIBIT LIST

Appellee County ofMaui, Director ofPlanning (hereinafter "County"), by and through

their attorneys, Moana M. Lutey, Corporation Counsel, Thomas Kolbe and Kristin Tamstrom, Deputies Corporation Counsel, anticipates calling the following witnesses from the Department of Planning:

RULAN WAIKIKI, Planner

JOHN RAPACZ, Planning Program Administrator

MICHELE MCLEAN, Director

The County anticipates entering the following exhibits:

EXHIBIT DESCRIPTION

A Parking Reduction Request for 65 Hana Highway dated 01/27/2020

B Denial letter for 65 Hana Highway dated 04/1 7/2020

c Denial letter for 151 Hana Highway dated 0811 0/2020

0 MCC § 19.36B .1 10

The County reserves the right to supplement this witness and exhibit lists or to introduce any exhibit identified by Appellant.

DATED: Wailuku, Maui, Hawaii, November 2, 2020.

MOANA M. LUTEY Corporation Counsel Attomeys for Appellee COUNTY OF MAUl, DIRECTOR OF PLANNING By ~ THOMAS KOLBE KRISTIN K. TARNSTROM Deputies Corporation Counsel

EXHIBIT A

Planning Department Planner Routing Form

I Primary Permit #: IPSW- 20200002

Mail Log: Location Code: Applicant Name: Michael Baskin

Assigned Planner: Rulan Waikiki Project Name: 65 Hana Highway

(2) 2-6-002:01 0-0000 Project Description: Parking Reduction-Paia

I Retrieve File for Planner?

Permit #1: PSW-20200002 RFS#(s) 04-0002787 Note: RFS calls that 06-0001312 Permit# 2: exist on this TMK. 08-0001875 10-0000272 10-0000888 10-0000847 Permlt#3: 11-0002053 12-0000268 12-0002621 12-0002895 Permit# 4: 12-0002314 13-0000124 13-0001329 15-0000862 15-0001300 Permit# 5: 13-0002174 16-0000128 16-0000827 13-0001880 Permit# 6: 18-0000119 18-0001256 19-0000652 19-0001246 JlRJOUTJJ2 Schedule

Assigned Date: 01/28/2020 Due from Agency:

Complete By: PD Complete:

More Info Required: To Planning Comm:

More Info Received: To County Council:

Sent to Agency: Completed:

Comments: 1/28/2020-CK to Rulan for Parking Reduction App Review- t/y! (ck) EXHIBIT A COUNTY OF MAUl PERMIT RECEIPT Page I of I REC.EIPT NUMBER: 20-0000923

APN: 2260020100000 PARCEL OWNER: UEHARA FAMILY IRREVOCTRUST ETAL DATE ISSUED: 28-JAN-2020 ADDRESS: PERMIT: PSW 20200002 CITY/STATE/ZIP: SCOPE:. SITE ADDRESS: 65 HANA HY PERMIT OWNER: SUBDIVISION: ADDRESS: CITY: PAIA, HI 96779 CITY /ST ATEIZTP:

Contractor Company

Fees Calculated 12 Months .Back Date Fee Code Description Paid to Date This Receipt Balance Due 28-JAN-2020 PD_PRKG_A PARKING APPROVAUWAIVER ·ADMIN $0.00 $68.75 $0.00

Totals: $68.75 ~0.00

Payment Code Description Amount CHECK #11989/CHR!S HART & PARTNERS, INC. $68.75

Tendered: $68.75 Change: $0.00 Balance Due: $0.00

REVISION: 8.1 PARKING APPLICATIO N REQUIRED SUBMITTALS lL 1 . Evidence that the applicant is the owner or lessee of record of the real property.

X 2. A notarized letter of authorization from the legal owner if the applicant is not the owner. lL 3. Two (2) sets of a plot plan drawn to scale of the proposed site to include the parking layout.

X 4 . Non-refundable filing fee (see Fee Schedule, Table 8 , Other Permits and Approvals), payable to County of Maui, Director of Finance. L 6 . Analysis of how the proposed action conforms with the Maui County Code criteria. RECEIVED CtRIS JAN 2 8 2020 HART COUNTY OF MAUl &. PARTNERS, INC. DEPARTMENT OF PLANNING Landscape Architecture City 8.. Regional Planning

January 27,2020

Ms. Michele McLean, Director Planning Department 2200 Main Street, Suite 315 Wailuku, Hawaii 96793

Dear Ms. McLean:

RE: Parking Reduction Application for 65 Hana Highway at TMK: (2) 2-6-002:010 Paia, Maui, Hawaii.

We are submitting one (1) copy of the Parking Reduction application for 65 Hana Highway at TMK: 2-6-002:010, Wailuku, Maui, Hawaii. Additional copies will be provided upon request. The documents submitted have the following items: • Parking Plan Reduction Application Form; • Site Plan • Ownership Documents; • Checklist; and • Check for the application fee in the amount of $68.75 (sixty-eight dollars and 75/cents). Compliance with Chapter 19.36B Maui County Code 19.36B.110- Parking modification, reduction, or deferral. A. For any proposed use, the director may reduce by up to 50 percent the number of the required parking spaces and loading spaces after making a written determination that adequate parking will be reasonably provided. The director shall consider the proposed use, any structures, lot configurations, industry standards, general plan, zoning and state land use designations, historic character and applicable design guidelines in considering the necessity and type ofconditions. The director may seek the recommendation of the Molokai planning commission before acting on a request to reduce the number of required parking spaces and loading spaces on Molokai. At least one of the following criteria must be met for the director to determine that parking will be reasonably provided: 3. One of the following is located within two thousand five hundred feet of the proposed use and can provide parking for the proposed use: J t 5 N MMket Street. Wailuku. ~ul. H

a. A publicly owned off-street parking lot; or The Paia Town Public Parking lot has 79 stalls and is within 2500sq. ft. of 65 Hana Highway. b. Other parking that is available to the public and is not used to otherwise fulfill the parking requirements of this chapter. In addition to Paia Town Parking Lot, there are 190 publicly available parking stalls throughout Paia and within 2500 sq. ft. of 65 Hana Highway. (See table).

5. Furthermore, pursuant to 19.36B. 110. AS, 65 Hana Highway is in close proximity of a public transit stop (80ft. away)

C. Pursuant to 19.36 B.110 C, 65 Hana Highway also requests a parking reduction of 2 stalls due to the installation of bicycle racks to accommodate 20 bicycles.

Paia Bay Properties LLC respectfully requests a parking reduction of fifty percent (50%) of its required parking (28), or 14 stalls. This would reduce the parking requirement to 14 stalls.

Should these requests be granted, the total required parking stalls will be 12.

Thank you for your timely review and processing of the subject application. If additional clarification is necessary, please call or email me at (808) 270~1555, or [email protected].

~ l t 1 ( [Lu.... U f-&u...o s Sincerely,

David Sereda, President Landscape Architect

Enclosure cc: Mr. Michael Baskin t ?SW .Jo .,ao ' bOD~ RECEIVED COUNTY OF MAU I DEPARTMENT OF PLANNING JAN 2 8 2020 2200 MAIN HIGH STREET, SUITE 335 WAILUKU, MAUl, HAWAII 96793 COUNTY OF MAUl TELEPHONE: (808) 270-7253 FAX: {808) 270-7634 DEPARHAENT OF PLANNING

APPLICATION TYPE: _ PARKING WAIVER,

K._ PARKING REDUCTION DATE: January 24,2020

PROJECT NAME: _6_S_H_a_n_a_H_,ig'""h_w...... y______

PROPOSED DEVELOPMENT: no new proposed development

TAX MAP KEY NO.: (2)2-6-002:010 CPR/HPR NO.: ____ LOT SIZE: 0.0605 acre

PROPERTY ADDRESS: 49 Hana Highway Paia, Maui, HI Uehara Family Irrevocable OVVNER: ~n~us~t______PHONE:{B}______{H)______

ADDRESS: 1212 Punahou Street,Apt.2106

CITY: Honolulu STATE: ~HI~------ZIP CODE: .....:9::..::6~82:..:6~--- OWNER SIGNATURE: See attached Letter of Authorization

APPLICANT: ...:.M'""'i'-='ch:..:..:a:..:e:..:...l:..:Ba==s~ki~n ______

ADDRESS: P. 0. Box 790100

CITY: ....:.P-=-al=a__ ___ STATE: _H_I ______,ZIP CODE: -'9-"6....:...7"'-'79'-----

PHONE (B): (H): ~: emaii:[email protected] APPLICANT SIGNATURE: 111_ ~ AGENT NAME: Chris Hart& Partners,lnc.(Oavid Sereda)

ADDRESS: 115 North Market Street

CITY: Wailuku STATE: ~H~I______ZIP CODE : _9;;...;6::...;.7~93;;____ _ PHONE (B): ------{H): FAX: EXISTING USE OF PROPERTY: ....:r:...=e:.::ta:..:.:il~sr:::.;.pa=.::c:.::.e-=a.:.:..nd~re:..=.st=a:.::u:...:.ra:.:..:n-=-t------

CURRENT STAT E LAND USE DISTRICT BOUNDARY DESIGNATION: -=U=rb=a....,_n__ _ CommerdaUBuslness COMMUNITY PLAN DESIGNATION: ZONING DESIGNATION: s-cr& R-3

OTHER SPECIAL DESIGNATIONS: ------

Rev 11-2012 :rPublic.net- Maui County, HI - Report: 260020100000 https:/lqpublic.schneidercorp.com/Appl ication.aspx?AppiD== 102 ..

CO~TYF ~ 0 ~

Parcel Information

P~rcel Number 260020100000 IA>c:atlon Address 65HANAHWY RECEIVED PAIA Hl 96779 Neighborhood Code 2661·3 Legallnfonnation POR SECTION 2 HAMAKUAPOKO HUI LANDS 26,340 SF OR JAN 2 8 2020 Land Area 0.605Acres Parcel Note COUNTY OF MAUl View Map DEPARTMENT OF PLANNING Owner Information Owner Names Mailing Address UEHARA,NOBORU TRUST Fee Owner UEHARA.NOBORU TRUST PAl A BAY PROPERTIES LLC leasee UEHARA.RANDAL TRUSTEE UEHARA FAMILY IRREVOCTRUST Fee Owner 1212 PUNAHOU ST APT 2106 UEHARA, BERTHA TRUST Fee Owner HONOLULU Hl96826 Show All ~rs <1nd Addresses

Assessment Information Show Historical Assessments Market Aarlcultural Total Total Total Land Land Assessed Bulkftns Assessed Exemption Net Taxable Year Tax Class Value Value Land Value V~lue Value Value 2019 COMMERCIAL $1,945,800 $0 -----$1,945,800 $12?,600 $2,073,400 $0 $2,073,400 2019 NON·OWNER·OCCUPIED/RES•DENTIAL $2,046,100 $0 $2,046,100 $0 $2,046,100 $0 $2,046,100

Historical Tax Information Payments Amount Year Tax and Credits Penalty Interest Other Due 2019 $26,780.58 ($26,780.58) $0.00 $0.00 $0.00 $0.00 2018 $23.488.42 ($23,488.42) $0.00 $0.00 $0.00 $0.00 2017 $27,421.59 ($27,421.59) $0.00 $0.00 $0.00 $0.00 2016 $24,664.00 ($24~.00) $0.00 $0.00 $0.00 $0.00 2015 $31,327.02 ($31,327 .02) $0.00 $0.00 $0.00 $o.oo 2014 $18,843.84 ~$1~.843 . 84) $0.00 $0.00 $0.00 $0.00 2013 $18.675.35 ($18,675.35) $0.00 $0.00 $0.00 $0.00 2012 $14,446.65 ($~4.446.6~) $0.00 $0.00 $0.00 $0.00 2011 $20,986.46 ($20,986.46) $0.00 $0.00 $0.00 $0.00 2010 $21,069.63 ($21,069.63) $0.00 $0.00 $0.00 $0.00 2009 $25,699.55 lp5,699.55) $0.00 $0.00 $0.00 $0.00 2008 $24,109.92 ($24,109.92) $0.00 $0.00 $0.00 $0.00 2007 $13,012.41 ($13,012.41) $0.00 $0.00 $0.00 $0.00 2006 $9,968.90 ($9,968.90) $0.00 $0.00 $0.00 $0.00 2005 $17,836.48 ($17.~36.48) $0.00 $0.00 $0.00 $0.00 2004 $11,129.95 ($11,129.95) $0.00 $0.00 $0.00 $0.00 2003 $7,621.52 ($7,621.52) $0.00 $0.00 $0.00 $0.00 2002 $6,864.07 ($6,864.07) $0.00 $0.00 $0.00 $0.00 2001 $6,864.07 ($6,864.07) $0.00 $0.00 $0.00 $0.00

Click a year to see tax payment information for the year. Commercial Improvement Information Building Number 2 %Complete 100% Building Type PAl A BAY PROPERTIES Building Square Footage 392 Year Built 1954 Value $127,600 Eff Year Built 2010 Section Aoor 41 Area Perimeter Ocrupancy Wall Height Exterior Wall Rank Buildlna Class 1 01 392 84 Restaurant 12 1.2 MasontYBearingWalls s1p7

Other Features Se<:tion Structure Measure 1 Measure2 Stops Canopy 420 1 0

I of2 1/27/2020, 1:38PM qPublic.net - Maui County, HI - Report: 260020 100000 https://qpublic.schneidercorp .com/A pplication.aspx? AppiD = 102.

Sales Information Instrument Instrument Valid Sale Sale Date Price Number Ty~ or Other Reason Documen! lV)le Record Date Land Court# Land CourtCert 11/18/2016 $_? A62130781 Recorded document ~ecorded Document 1/4/2017 11/21/2014 $2,036.173 A54760509 Lease leated fee Lease 12/29/2014 2/25/2014 $0 A5233Ci594 Recorded document Re a ted individuals Correction deed 4/30/2014 2/23/2011 $0 11·62751 Lease Cancellation lease or subs 4/15/2011 2/25/2005 $0 05·44715 Recorded document Recorded Document 30/2005 12/18/2003 $0 03·287299 Fee conveyance Warranty deed 12/29/2003 12/18/2003 $0 03·287300 Fee conveyance 12/29/2003 6/1/2000 $0 01·007886 Lease Lease 1119/2001 7/23/1992 $0 0000000000

Permit Information Date Permit Number Reason Permit Amount 12/30/2014 820141654 Rehabilitation $88,800 11/21/2014 820141514 Repair $7,000 8/4/2011 620110783 Addition $~.~0 11/12/2003 620032276 Deck $7,000 10/21/2002 620021938 Other see notes $17,000

KIVA Permit Site Recent Sales In Area

From: 01 I 27 I 2017 G To: 01 I 27 I 2020 0 RECEIVED Sales by Neighborhood JAN 2 S 2020

Sales by Distance 1500 Feet COUNTY OF MAUl DEPARTMENT OF PLANNING Generate Owner List by Radius Q_istance: Additional owner options: 100 Feet All Owners Show address of; !i Owner ": Property Additional mailing label options: Download format: Ll Show parcel id on label Address labels (5160) International mailing labels that exceed Slines are not supported on the Address labels Skip labels: 0 (5160). For international addresses. please use the xlsx. csv or tab download formats.

( Download J

No data available for the following modules: Agricultural Assessment Information, Current Tax 6illlnformation, Appeal Information, Home Exemption Information, Improvement Information, Accessory Information, Sketches.

The Ma ui County Tax Assessor's Office makes every effort to produce the most accurate Information possible. No warranties, expressed or Developed by implied, are provided for the data herein, its use or interpretation. .L..,. Schneider User Privacy Policy .....JI' GEOSPJ.TIJU. GDPR Privacy Notice

Last Data Upload: 1/27/2020,4:42:23 AM Version 2.3.37

2of2 1/27/2020, 1:38PM September _f_, 2019 RANDAL J.K. UEHARA 1212 Punahou Street, #2016 Honolulu, HI 96826

Clayton Yoshida, Administrator RECEIVED Current Planning Division JAN 2 8 2020 Department of Planning, County of Maui 2200 Main Street COUNTY OF MAUl One Main Plaza Bldg., Ste. 619 DEPARTrvlENT OF PLANNIN G Wailuku, HI 96793

Glen Ueno, Administrator Development Services Administration Department of Public Works, County of Maui 250 South High S~eet Kalana Pakui Bldg. Wailuku, HI 96793

Re: Authorization for Paia Bay Properties, LLC to Act and Sign Documents on Behalf oftbe Noboru Uehara Revocable Living Trust dated May 5, 1984, Bertha Uehara Revocable Living Trust dated May 5, 1984, and the Uehara Family Irrevocable Trust dated July 19, 2003 with resped to property located at 65 Hana Highway, Paia, Hawai'i 96799, TMK No. (2)2+002:010

Dear Messrs. Yoshida and Ueno:

This is to infonn the County of Maui that PAIA BAY PROPERTIES, LLC, Lessee under that certain Lease dated June 18, 2013. through its manager, agents, employees and/or consultants, is authorized to sign, as applicant or on my behalf, any and all documents necessary to obtain any permit required by the County of Maui for any purpose related to any activity (including but not limited to demolition, construction or use of improvements) on the property located at 65 Hana Highway, Paia, Hawai'i, 96799, TMK No. (2)2-6-002:0 10 (the "Leased Property").

I hereby certify that I am the Successor Trustee of the Noboru Uehara Revocable Living Trust dated May 5, 1984, Trustee of the Bertha Uehara Revocable Living Trost Agreement dated May 5, 1984 and Trustee of the Uehara Family Irrevocable Trust dated July 19, 2003, legal owner and Lessor of the Leased Property.

Sincerely, 1!~~~~ cc: Michael Baskin RECEIVED STATE OF HAWAII ) ) ss JAN 2 8 2020 CITY & COUNTY OF HONOLULU ) COUNTY OF fvlAUI DEPARTI. i E~'T OF PLANNING

On this 6th day of September, 2019, before me personally appeared RANDAL .J K UEHARA, to me kno·wn l'o b~ the person described in and who executed this 2 page Lencr cenifying that he is the Suc:cessor Trustee of the Noboru Ucharct Revocable Living Trust dated 1\-lay 5, 1H84, Trustee of the Berthu Uehara Revocable LivingTrusl Agreement dated.l\Iay 5, 198-l and Trustee of the Uehara Family Irrevocable Trust dated .July 19,2003, legal owner and Lessor the Lca:-;cd Property G5 Hanu Highway, Paia Hawai'I 96799 rhat is dated September G, 2018 and acknowledged that he (~:'<('C:Uit~d the same as his fre<'

IN WJTNESS WI-IEREOf, 1 h'we hereunto ser my hand and seal.

-~~-~~------Notary Public -PAMELA KUROSE My commission expires: 09/23/2022 Publicly Available Parking Count within 2500 ft. of 65 Hana Highway

Parking Stall Count Paia Town Public Parking lot 79 Lower Paia Park 25 Hana Highway- North side street parking 17 Han a Highway- South side street parking 28 Adjacent to Mana Food 48 Baldwin Avenue- North side street parking 32 Baldwin Avenue- South side to Poni PI 40 269 - ...... ,.- 1' 1r· ... , K t v c. ~ L ...... J COUNTY OF MAUl v - DEPARTMENT OF PLANNING JAN 2 8 2020 ~~~~ ZONING ADMINISTRATION ENFORCEMENT DIVISION COUNTY OF lv\AU I MINIMUM REQUIRED PARKING DEPARTMENT Of PLANNING

- APPLICATION NO Project Name: 65 Hana Highway Parking Tax Map Key# 2) 2·6·002:01 0 Address: 65 Hana H1ghway, Pa a, HI 96779 Owner I Uehara Fami y Trust Lessee Paia Bay Properties LLC P 0 . Box 790100. Pa1a , HI 96779 Owner Address:

!Applicant MICHAEL BASKIN Address: P. 0 . Box 790100 Paia, HI 96779 Reviewed by: Address: #of building: 2 #of units 5 Zoning: BCT, R-3 Community Plan· Commericiai!Bus ness Zonina Permits OSP/Reduction SMA permits LPAP approval STANDARDS REQUIRED ON PLAN CONFORMING REMARKS Min/Max Yes No /COMMENTS Use RESTAURANT I RETAIL RESTAURANT Building ht. 16' Stories 1 Front Yard Rear Yard Side Yard (left Side Yard (right) Parking 12 Loadin!l zone 1 Parking Analysis

Description Date Gross Area Chapter 19.36.A Bldg# I Use Bullt 1 Code Fir. Area I Ratio Sub·totals

Main Building TMK 226002010 65 Hana Highway Retail Space 552 1 per 500 552 500 Retail Space 247 1 per 500 247 500 Retail Soace 426 1per 500 426 500 Retail Space 419 1per 500 419 500 1,644 3.29

Outdoor Dining 1,400 1 per 100 1,400 100 14.00

Front Building, Restaurant 383 11100 383 100 3.83 Front Building, Kitchen 364 Min 3 364 3.00 Outdoor Dining 350 1 per 100 350 100 3.50

Total 4,141

I Total parking requ1red = 27.62

IProvided on site Required

Note: Parking Reduction Application for 16 stalls, submitted January 27, 2020 \ /

\ 65 Hana Hwy. Lot 11

RECEIVE JAN 2 8 2020

DEPA~?,~~Ji OF MAUl OF PLANNING

TMK: (2) 2~ 6-002:010 BAR SCALE Site Plan 1 10 zo -40 SCALE: 1"=20'-0" 65 HANA HWY. PARKING PLAN PROJECT: 19-042 DATE: 01/27/20 PAIA, MAUl, HAWAII \

65 Hana Hwy. Lot 11

RECEIVED JAN 2 8 2020 COUNTY OF MAUl DEPARTMEN- OF PLANNING

TMK: (2) 2-6-002:010 BAR SCAI.E Site Plan 1 10 2.0 .a CI-RIS SCALE: 1":::20'-0" HART 65 HANA HWY. PARKING PLAN PROJECT: 19·042 &PARTNERS DATE: 01/27/20 PAIA, MAUl, HAWAII

EXHIBIT B

MICHAEL P. VICTORINO Mayor MICHELE CHOUTEAU MCLEAN, AICP Director JORDAN E. HART Deputy Director DEPARTMENT OF PLANNING COUNTY OF MAUl ONE MAIN PLAZA 2200 MAIN STREET, SUITE 315 WAILUKU, MAUl, HAWAII 96793

April 17, 2020

Mr. David Sereda Chris Hart & Partners, Inc. 115 North Market Street Wailuku, Hawaii 96793

Dear Mr. Sereda:

SUBJECT: PARKING REDUCTION REQUEST FOR 65 HANA HIGHWAY LOCATED AT PAIA, MAUl, HAWAII TMK: NO. (2) 2-6-002:010 (PSW 2020/0002)

The Department of Planning has reviewed your request dated January 27, 2020 and has determined that your request cannot be granted at this time,

The proposed parking analysis shows four retail spaces totaling 1,644 square feet (sf.); an outdoor dining area at 1,400 sf.; front building restaurant at 383 sf; front building kitchen at 364 sf.; and another outdoor dining area at 350 sf. These uses require 28 parking spaces; you request that this be reduced by 42.86% to 12 parking spaces.

Pursuant to Maui County Code (MCC) Section 19.368.110, "the Planning Director may reduce by up to fifty percent (50%) the number of the required parking spaces and loading spaces after making a written determination that adequate parking will be reasonably provided."

Section 19.368.110 requires at least one criterion be met for the director to determine that parking will be reasonably provided. Your request cites 19.368.11 O.A3a and 3b, ... "A publicly owned off-street parking lot; or other parking that is available to the public and is not used to otherwise fulfill the parking requirements of this chapter." Your request also notes that in connection with 19.368.110.A.5, the property is in close proximity of a public transit stop (80 feet away). While these provisions are applicable, a determination cannot be made that adequate parking will be reasonably provided.

There are some businesses in Paia Town that have no parking requirement due to grandfathering (reference MCC 19.500.11 0.0); even if one of those business changes hands, if the same type of business is conducted, there is still no parking requirement. Due to this code provision, and the popularity of Paia in recent years. the area cannot accommodate any further intensity in uses without the required parking being provided. Over the years, businesses have continued to utilize the available parking offered to the public and unfortunately, this area is at its maximum capacity for parking. In order to justly serve the Paia community and visitors alike, it would be a disservice to allow further development that would intensify parking in this area, EXHIBIT B MAIN LINE (808) 270-7735 CURRENT DIVISION (808) 270-8205 I LONG RANGE DIVISION (808) 270-7214/ ZONING DIVISION (808) 270-725~ Mr. David Sereda April 17, 2020 Page 2 of 2

unless the area's parking capacity is increased, or there are exceptional circumstances. Therefore, your request is denied.

If additional clarification is required, please contact Rulan Waikiki by email at [email protected] or call 270-7253.

For MICHELE MCLEAN Planning Director xc: John S. Rapacz, Planning Program Administrator (PDF) Rulan Waikiki, Senior Plans Examiner (PDF) PSW 2020/0002 (AX) RW K:\WP_DOCS\Pianning\PSIN\2020\0002_65Hana\Denial.doc

EXHIBIT C

August 10, 2020

Ms. Michelle Cockett 1521 Koene Place Wailuku, Hawaii 96793

Dear Ms. Cockett:

SUBJECT: PARKING REDUCTION REQUEST FOR 151 HANA HIGHWAY LOCATED AT PAIA, MAUl, HAWAII TMK: NO. (2) 2-6-004:011 (PSW 2020/0006)

The Department of Planning has reviewed your request dated June 29, 2020 and has determined that your request cannot be granted at this time.

The proposed parking analysis shows one retail space totaling 1,691 square feet (sf); an outdoor dining area at 289 sf, and an indoor dining area at 191 sf. These uses require eight parking spaces; you requested that this be reduced by 25% to six parking spaces.

Section 19.368.1 10 requires at least one criterion be met for the director to determine that parking will be reasonably provided. Your request cites 19.368.11 O.A.3a and 3b, which allow for a reduction if there is located, within 2500 feet, " .. . A publicly owned off-street parking lot; or other parking that is available to the public and is not used to otherwise fulfill the parking requirements of this chapter." Your request also notes that in connection with 19.36B.110.A.5, "there is nearby transit" a Maui Bus stop for the Haiku Islander Route #35 is located directly in front of the project site. While these provisions are applicable, a determination cannot be made that adequate parking will be reasonably provided.

There are some businesses in Paia Town that have no parking requirement due to grandfathering (reference MCC 19.500.11 O.D); even if one of those businesses changes hands, if the same type of business is conducted, there is still no parking requirement. Due to this code provision, and the popularity of Paia in recent years, the area cannot accommodate any further intensity in uses without the required parking being provided. Over the years, businesses have continued to utilize the available parking offered to the public and, unfortunately, this area is at its maximum capacity for parking. In order to justly serve the Paia community and visitors alike, it would be a disservice to allow further development that would intensify parking in this area,

EXHIBIT C MAIN LINE (808) 270.7735/ FACSIMILE (808) 270-7634 CURRENT DIVISION (808) 270-8205 / LONG RANGE DIVISION (808) 270-7214 / ZONING DIVISION (808) 270-7253 Ms. Michelle Cockett August 10,2020 Page 2 of 2 unless the area's parking capacity is increased, or there are exceptional circumstances. Therefore, your request, as proposed, is denied.

However, it is not clear what kind of retail activity will be conducted in the retail area and how it relates to the dining area. For example, square footage used for storage is generally deducted from the area used to calculate parking needs. Further, we would note that there are different parking requirements for ~food court" configurations, if that is what is contemplated by some of the retail area. There may be other options to reduce the parking requirements without obtaining approval for a parking reduction.

If additional clarification is required, please contact Rulan Waikiki by email at [email protected] or call 270-7253.

HN S. RAPACZ Planning Program Administrator

For MICHELE MCLEAN Planning Director xc: John S. Rapacz. Planning Program Adm inistrator (PDF) Rulan Waikiki. Senior Plans Examiner (PDF) PSW 2020/0006 (AX) RW K:\WP_ DOCS\Pianning\PSW\2020\0006_PaiaMarket\Denial2.doc 912812020 151 Hana Hwy - Google Maps

G oogle Maps 151 Hana Hwy

, Google

Street View

antokuji Bay

https:llwww.google .com/[email protected] ,-156.380287 5 ,3a,75y ,289.98h ,86.16Udata= !3m 7! 1e1 !3m5!1 sGf2-xnKgoXz 1n28Xfp5b6A!2e0!6s%2F%2F geo3 .ggpht.com%2Fcbk%3F panoid%3DGf2 -xnKgo... 112

EXHIBIT D 10/30/2020 County of Maui, HI Code of Ordinances 19.36B.110 - Parking modication, reduction, or deferral.

A. For any proposed use, the director may reduce by up to 50 percent the number of the required parking spaces and loading spaces after making a written determination that adequate parking will be reasonably provided. The director shall consider the proposed use, any structures, lot configurations, industry standards, general plan, zoning and state land use designations, historic character and applicable design guidelines in considering the necessity and type of conditions. The director may seek the recommendation of the Molokai planning commission before acting on a request to reduce the number of required parking spaces and loading spaces on Molokai. At least one of the following criteria must be met for the director to determine that parking will be reasonably provided:

1. The sharing of parking spaces between two or more uses occurs at different times or days.

2. Duplicate parking is not needed for component accessory uses when parking has already been assessed for a principal use, such as a school that expands its cafeteria.

3. One of the following is located within two thousand five hundred feet of the proposed use and can provide parking for the proposed use:

a. A publicly owned off-street parking lot; or

b. Other parking that is available to the public and is not used to otherwise fulfill the parking requirements of this chapter.

4. Some employees commute via carpooling or van pooling, and the employer provides transit passes to some employees.

5. There is nearby transit, pedestrian, or bicycle access and bicycle parking, and safe access is provided for pedestrians.

6. The provision of required parking would necessitate the removal of mature and aesthetically valuable trees or other unique features of the property.

7. The use involves senior housing or other facilities for seniors and will not result in typical parking needs.

8. The parking is required because of an expansion of or change in use, the additional parking cannot be accommodated onsite, and the director determines that the existing parking is adequate.

9. The use is live/work mixed use where parking may be shared; the spaces required for dwelling use may be applied to the spaces required for business use.

10. The proposed use is in Lanai City.

B. Tandem parking may be allowed for all required parking if:

1. All vehicle parking and retrieval is performed by a valet or attendant at all times, and vehicles can be moved within the lot without entering any street, alley, or walkway; or

2. All user arrivals and departures are generally simultaneous and vehicle parking and vehicle EXHIBIT D 1/2 10/30/2020 County of Maui, HI Code of Ordinances retrieval is directed by an attendant who is onsite at all arrival and departure times.

C. Bicycle parking. The number of parking spaces required for non-dwelling uses may be reduced by up to two, at a ratio of one space for each ten provided bicycle parking spaces; provided that each bicycle parking space includes a stationary parking device to adequately secure the bicycle, each bicycle parking space is a minimum of two feet in width and is separated from motor vehicle access by at least five feet of open area, and bicycle parking spaces are conveniently located and close to the main entrance of a structure.

D. The director may allow the applicant to defer improvements otherwise required by this chapter, including paving, striping, and landscaping, for up to 50 percent of the required parking spaces and loading spaces. The director may seek the recommendation of the Molokai planning commission before acting on a request to defer improvements on Molokai. The director may impose conditions on the deferral and shall require the following:

1. Evidence of a parking reserve in the form of a reserved unpaved open space area large enough to meet the balance of the parking requirements in excess of the minimum open space or landscape requirements.

2. A unilateral agreement, which shall run with the land and be recorded with the bureau of conveyances, to construct the improvements when and if warranted as determined by the director based on evidence of regular use of the reserved parking area or overflow parking on public streets, in fire lanes, or in other areas that are not improved for parking.

3. Evidence that all required spaces are not needed on a regular basis, such as industry standards or historical records.

( Ord. No. 4921 , § 2, 2018)

2/2 BEFORE THE BOARD OF VARIANCES AND APPEALS

COUNTY OF MAUl

STATE OF HAW All

In the Matter of the Appeal, DOCKET NO.: BV AA 2020-0007

of CERTIFICATE OF SERVICE

PAIA BAY PROPERTIES, LLC Attention: Michael Baskin P.O. Box 7901000, Haiku, Hawaii Tax Map Key: (2) 2-6-002:010

Appeal of Department of Planning letter dated April 17, 2020 denying a parking reduction request for property located in Paia, Maui, Hawaii

CERTIFICATE OF SERVICE

T hereby certify that a true and correct copy of the foregoing docwnent was duly served today via U.S. mail, postage prepaid, addressed as follows:

TERRANCE REVERE, ESQ. MAGDALENA BAJON, ESQ. Revere & Associates, LLLC Pali Palms Plaza 970 North Kalaheo Avenue, Suite A301 Kailua, Hawaii 96734

Attorneys for PAIA BAY PROPERTIES, LLC

DATED: Wailuku, Maui, Hawaii, November 2. 2020.

MOANA M. LUTEY Corporation Counsel Attorneys for Appellee COUNTY OF MAUl, · DIRECTOR ~ ING By ~~ ~T=H~O~MA~S~K~O~L~B~E~~~-- KRJSTIN K. T ARNSTROM Deputies Corporation Counsel