COUNCIL OF THE COUNTY OF MAUI
LAND USE COMMITTEE
February 15, 2013
Committee
Report No.
Honorable Chair and Members
of the County Council
County of Maui
Wailuku, Maui, Hawaii
Chair and Members:
Your Land Use Committee, having met on January 30, 2013, makes reference to
County Communication 13-37, from the Planning Director, transmitting a proposed bill
entitled "A BILL FOR AN ORDINANCE GRANTING JAY HIRAIDE A
CONDITIONAL PERMIT TO ALLOW BUSINESS/OFFICE USE WITHIN THE
COUNTY R-3 RESIDENTIAL DISTRICT FOR PROPERTY LOCATED AT TAX
MAP KEY (2) 3-4-043:007, 295 WAIEHU BEACH ROAD, WAILUKU, MAUI,
HAWAII".
The purpose of the proposed bill is to grant a request from Jay Hiraide for a twoyear Conditional Permit to convert approximately 1,212 square feet of his existing 3,087square-foot residence into a real estate office. Mr. Hiraide's property is located within
the R-3 Residential District at 295 Waiehu Beach Road, Wailuku, Maui, Hawaii.
At the request of the Chair of your Committee, the Department of the Corporation
Counsel transmitted a revised proposed bill, approved as to form and legality,
incorporating nonsubstantive revisions.
According to the County Communication, Mr. Hiraide proposes to live in the rear
portion of the home and use the front portion for his real estate office. The proposed
office space would be closed off from the main residence, and physically separated by a
covered breezeway. Mr. Hiraide would use the garage, while clients and any future office
employees would use the five parking spaces located at the entrance to the property.
Your Committee notes that there are several businesses operating in close
proximity to Mr. Hiraide's residence, including Maui Clay, Allied Machinery, Surf Truck
Rentals, the Shell Gas Station, and Paukukalo Store. Mr. Hiraide provided a photograph
of his property, depicting landscaping improvements that had been installed as of October
2012, as well as striped parking.
Your Committee requested that the Department of Finance be asked to advise how
the real property taxes for the property would be calculated if the Conditional Permit is
COUNCIL OF THE COUNTY OF MAUI
LAND USE COMMITTEE
Committee
Report No.
Page 2
granted. Mr. Hiraide confirmed that he would accept any tax implications resulting from
the use of a portion of his residence as an office.
Your Committee noted that Section 2, Condition 6, of the revised proposed bill
describes permitted and prohibited uses of the property. The condition's first sentence
specifically permits "real estate, financial, and/or professional office uses, and/or personal
service establishments." The second sentence purports to prohibit "commercial" uses,
which arguably conflicts with the first sentence. Your Committee, therefore, voted to
revise the second sentence of the condition by inserting the word "other" before
"commercial," to read: "The property shall not be used for other commercial, retail or
industrial uses."
Your Committee voted 7-0 to recommend passage of the revised proposed bill on
first reading and filing of the communication. Committee Chair Carroll, Vice-Chair
Guzman, and members Baisa, Cochran, Crivello, Victorino, and White voted "aye".
Committee members Couch and Hokama were excused.
Your Committee is in receipt of a revised proposed bill, approved as to form and
legality by the Department of the Corporation Counsel, incorporating your Committee's
recommended revision.
Your Land Use Committee RECOMMENDS the following:
1.
(2013), as revised herein and attached hereto,
That Bill
entitled "A BILL FOR AN ORDINANCE GRANTING JAY HIRAIDE A
CONDITIONAL PERMIT TO ALLOW BUSINESS/OFFICE USE
WITHIN THE COUNTY R-3 RESIDENTIAL DISTRICT FOR
PROPERTY LOCATED AT TAX MAP KEY (2) 3-4-043:007,
295 WAIEHU BEACH ROAD, WAILUKU, MAUI, HAWAII", be
PASSED ON FIRST READING and be ORDERED TO PRINT; and
2.
That County Communication 13-37 be FILED.
COUNCIL OF THE COUNTY OF MAUI
LAND USE COMMITTEE
Committee
Report No.
Page 3
This report is submitted in accordance with Rule 8 of the Rules of the Council.
/t)62---(77
ROBERT CARROLL, Chair
lu:cr: 1 3005aa:cmn
ORDINANCE NO.
BILL NO.
(2013)
A BILL FOR AN ORDINANCE GRANTING JAY HIRAIDE
A CONDITIONAL PERMIT TO ALLOW BUSINESS/OFFICE USE
WITHIN THE COUNTY R-3 RESIDENTIAL DISTRICT
FOR PROPERTY LOCATED AT TAX MAP KEY (2) 3-4-043:007,
295 WAIEHU BEACH ROAD, WAILUKU, MAUI, HAWAII
BE IT ORDAINED BY THE PEOPLE OF THE COUNTY OF MAUI:
SECTION 1. Pursuant to Chapter 19.40, Maui County Code, and
subject to the conditions imposed in Section 2 of this ordinance,
a Conditional Permit is hereby granted to Jay Hiraide to allow
business/office use within the County R-3 Residential District.
The proposed business/office use is limited to an approximately
1,212 square-foot portion of the residence and related parking
improvements. The site is identified for real property tax
purposes by Tax Map Key Number (2) 3-4-043:007, comprising
approximately 11,250 square feet of land situated at 295 Waiehu
Beach Road, Wailuku, Maui, Hawaii.
SECTION 2. The granting of this Conditional Permit is subject
to the following conditions:
1.
That full compliance with all applicable governmental
requirements shall be rendered, inclusive of all County
fees and assessments.
2.
That the Conditional Permit shall be valid for a period
of two (2) years from the effective date of this
ordinance; provided that, an extension of this
Conditional Permit beyond this two-year period may be
granted pursuant to Section 19.40.090, Maui County Code.
3.
That the Conditional Permit shall be nontransferable,
unless the Council approves the transfer by ordinance.
4.
That Jay Hiraide, his successors and permitted assigns,
shall exercise reasonable due care as to third parties
with respect to all areas affected by subject Conditional
Permit and shall procure at his own cost and expense, and
shall maintain during the entire period of this
Conditional Permit, a policy or policies of comprehensive
liability insurance in the minimum amount of ONE MILLION
AND NO/100 DOLLARS ($1,000,000) naming the County of Maui
as an additional insured, insuring and defending Jay
Hiraide and County of Maui against any and all claims or
demands for property damage, personal injury, and/or
death arising out of this Conditional Permit, including
but not limited to: (1) claims from any accident in
connection with the permitted use, or occasioned by any
act or nuisance made or suffered in connection with the
permitted use in the exercise by Jay Hiraide of said
rights; and (2) all actions, suits, damages, and claims
by whomsoever brought or made by reason of the
nonobservance or nonperformance of any of the terms and
conditions of this Conditional Permit. A copy of the
certificate of insurance naming County of Maui as an
additional insured shall be submitted to the Department
of Planning within ninety (90) calendar days from the
effective date of this ordinance. The proof of insurance
and all subsequent certifications of insurance coverage
shall include the applicable tax map key and permit
numbers.
5.
That Jay Hiraide shall develop and use the property in
substantial compliance with the representations made to
the Maui County Council in obtaining the Conditional
Permit. Failure to so develop the property may result in
the revocation of the Conditional Permit pursuant to
Section 19.40.080, Maui County Code.
6.
That the property shall be limited to real estate,
financial, and/or professional office uses, and/or
personal service establishments. The property shall not
be used for other commercial, retail or industrial uses.
7.
That the office space shall be provided with a portable
fire extinguisher with a minimum rating of 2A-10BC,
mounted at the entrance to the office and inspected
annually.
8.
That the office space shall be available for bi-annual
fire inspections. Prior to opening the office, Jay
Hiraide shall contact the Fire Prevention Bureau for a
fire inspection.
9.
That future expansion of the office space would require
the entire home and office structure to be treated as B
occupancy (office use) and not R-3 occupancy (residential
use), and the requirements for Department of Fire Control
access and water supply for fire protection to be
applied.
10.
That the site shall be landscaped and improved to enhance
its residential character, beyond the requirements of
Section 19.36A.070, Maui County Code.
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SECTION 3.
approval.
This ordinance shall take effect upon its
APPROVED AS TO FORM
AND LEGALITY:
ES A. GIROUX
uty Corporation Counsel
unty of Maui
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