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REPORT OF THE POLICY <br /> COMMITTEE ON PLANNING, <br /> LAND USE, AND DEVELOPMENT <br /> DATE: February 7, 2023 Re: Comm. No. 898.21/Bill No. 194, Draft 2 <br /> PLACE: Council Chambers <br /> Hilo, Hawaii <br /> TIME: 10:50 a.m. <br /> Council Chair and Members <br /> Hawaii County Council <br /> Hilo, Hawaii 96720 <br /> Your Policy Committee on Planning, Land Use, and Development, to which was referred <br /> Bill No. 194, Draft 2, reports as follows: <br /> Bill No. 194, Draft 2, submitted by Council Member Holeka Inaba, via Communication <br /> No. 898.21, dated January 31, 2023, amends Chapter 25 Article 2, Division 4, Section 25-2-44, <br /> of the Hawai'i County Code 1983 (2016 Edition, as amended), related to conditions on change of <br /> zone and increases the filing fee from $250 to $500 for any request for a time extension, change, <br /> or alteration of conditions within a change of zone ordinance. <br /> Bill No. 194 was first discussed during the August 16, 2022 Committee on Planning. During that <br /> meeting, Committee Members discussed the overall intention of the bill, which Committee <br /> Member Holeka Inaba explained was to ensure that the County Council is the only authority to <br /> grant time extensions for planning applications. <br /> Planning Director Zendo Kern was present before Your Committee and clarified that the <br /> Planning Director does not have the authority to grant time extensions without first being given <br /> that authority by the Council. Planning Deputy Director Jeff Darrow further clarified that <br /> administrative time extensions cannot go beyond the original timeframe granted, and that they <br /> are often granted through conditions of approval, which is approved by Council. Mr. Inaba <br /> responded that historically, the language in conditions explicitly mentioned time extension <br /> requests shall be submitted to the County Council, but now the language is different and allows <br /> Planning Directors to make that call on their own. <br /> Committee Member Sue Lee Loy advocated for language to exclude the time it takes for <br /> interagency and other department's review from projects' timelines. <br /> The vote was taken to refer Bill No. 194 to the Leeward and Windward Planning Commissions <br /> for their review and recommendation. The vote was then taken and passed with 7 "ayes." <br /> Bill No. 194 was referred back to the Committee from the Leeward and Windward Planning <br /> Commissions with favorable recommendations, and was discussed again on January 5, 2023 and <br /> January 24, 2023, in the Policy Committee on Planning, Land Use, and Development. <br /> PCPLUD Report No. 2 <br />