COM 0045.043 2002-2004 - Laserfiche WebLink

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making criterion. If the general plan were to be a hortatory measure, then the result described in Protect Ala Wai Skyline v. Land use and Controls Committee , 6 Haw. App. 540, 547 (1987) will arise and such a measure cannot be used as a basis to deny an application. GATRI v. Blaine, 88 Haw. 108, 114-115 (1998); see also Save Sunset Beach Coalition v. City and County of Honolulu, 102 Haw. 465, 481-182 (2003), which is cited in the introduction to Bill No. 163, Draft 2, where the Hawaii Supreme Court explains further how a general plan that has the effect of law functions as adecision-making criterion.' Fifth, Charter Section 3-16(b) contains a consistency provision, like that referred to in GATR/, stating "No public improvement, project, subdivision, or zoning ordinances, shall be initiated or adopted unless the same conforms to and implements the General Plan." If the general plan is hortatory and not a statement of positive law, then the County must approve every application for a public improvement, project, subdivision or change of zone ordinance. I don't believe the voters of the County of Hawaii intended their genera! plan to be a useless measure or that they intender; to delegate absolute discretion over land use measures to County officials. Conclusion Bill No. 163, Draft 2 does not meet the requirements of Section 226-58, HRS, Section 46-4, HRS and Charter Section 3-16. If the County Council intends to enact a general plan that is hortatory and unenforceable, the County Council owes an explanation to the voters of the County of Hawaii as to why it intends to deviate from the requirements of the State legislature and the voters and why it intends to lay the foundation for the eventuality that whereby the County must approve every application for a public improvement, project, subdivision or change of zone ordinance. "Where consistency of a proposed development is evaluated with respect to broad, hortatory policy statements in a general plan, it may be arbitrary and capricious to base a denial on the general plan statement because of their broad an non-specific nature." GATRI, supra at 114.