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+tVWF Stephen K. Yamashiro W,~ Richard Wurdeman Mayor ; Corporation Counsel e•?~P f~nixnf~r ~f ~tt£uttit OFFICE OF THE CORPORATION COUNSEL 10I Aupuni Street, Sui[e 325 • Hilo Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961.8622 December 17, 1997 The Honorable James Y. Arakaki Chairman, County Council n c-- _ n r,, County of Hawaii c 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Arakaki: - Re: Resolution No. 184-97: Adopts Hawaiian Paradise Park Community Iylaster~lan as a planning euide for the County of Hawaii This is in response to your inquiry on the adoption by resolution of the Hawaiian Paradise Park Community Master Plan. Apparently the Council was advised that the plan does not have the force and effect of law since it was being adopted by resolution. You have asked for a written opinion to confirm or clarify this statement. According to §3-8 of the Hawaii County Charter, "[n]on-legislative acts of the council may be by resolution and, except as otherwise provided by law, no resolution shall have the force and effect of law." Since the Hawaiian Paradise Park Community Master Plan was adopted by resolution, we view it as a statement of policy of the council but not as a having binding effect on the subjects which it addresses. According to the transcript of proceedings which you enclosed with your inquiry, some council members were concerned as to whether there would need to be further action and public input before any land use changes were made. Our reply is that the usual procedures for land use changes would need to be followed since this resolution is not effective to make any such changes. If general plan amendments and zoning changes are necessary to bring about the concepts set forth in this plan, then the changes would have to be processed through the planning commission and then the council in the usual fashion. -7 / Coailo~ Dla ~ b ~ 6_..._.. x.. PLG .,..,_W ter. _ DEC 1 s 1991 lief.