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Dr. Holeka Goro Inaba, Council Chair and Members of the County Council December 22, 2025 Page 2 The applicants, Clemson and Janet Lam, are requesting the deletion of Condition D (Prohibition of Second Dwelling) of Change of Zone Ordinance No. 02-93 and replacing it with the following condition language or something similar: `Any restrictive covenant that prohibits the construction of accessory dwelling units on the subdivision parcels is not enforceable provided the proposed accessory dwelling unit has been approved by the Planning Director, and is in compliance with other laws, rules, regulations, and requirements of affected agencies including the Department of Water Supply and the Department of Health. " According to the applicant, the regulatory landscape regarding accessory dwelling units (ADUs) in Hawaii County has significantly evolved since Ordinance 02-93 was adopted. The recent State law permitting ADUs, and the associated Hawai'i County Bill 123 (Ordinance 24-70 dated October 7, 2024), aim to provide more housing options within areas served by adequate infrastructure. According to the applicant, under the updated County and State regulations, an accessory dwelling unit (ADU) is now permitted in both the County's Residential and Agricultural (RA) zoning district and the State Land Use Rural district. The applicant's property location, adjacent to a major roadway and near the town of Waimea, makes it a prime and logical site for the integration of an ADU to help address the pressing need for more housing for local residents and their family members. The applicant is seeking to construct a 1-bedroom accessory dwelling unit and related improvements for their son to reside on this family property. Granting the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone under Ordinance No. 02-93 have not changed. Namely, the RA-2a zoning, which'is consistent with the surrounding, rural, low - density residential land use pattern in the area will not change. As discussed below, it remains consistent with the General Plan Land Use Pattern Allocation Guide (LUPAG) map Rural designation and pertinent goals, policies, and actions of the General Plan. Additionally, the proposed amendment will not be contrary coastal zone management requirements under Hawaii Revised Statutes (HRS) 205A, nor will it have a detrimental effect on historical, cultural, and natural resources. The proposed second dwelling will be developed to current building code, connect to an individual wastewater system meeting with the requirements of the State Department of Health, and will be developed with a rainwater catchment tank for water supply.