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COM 0056.001 2006-2008
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COM 0056.001 2006-2008
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Last modified
5/12/2008 2:48:07 PM
Creation date
5/8/2008 5:12:43 PM
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Communications
Communications - Type
COM
Communications - Council Term
2006-2008
Communication
0056
Point
001
Author
K. Angel Pilago, Councilmember Chair, Planning Committee
Communications - Referred To
COUNCIL
Comments
Council: Close file - 1/19/07 Council: Postponed to the Council's January 19th meeting - 1/4/07 Presented: Council - 1/4/07
Document Relationships
AGE COUNCIL 2007/01/04 2006-2008
(Related)
Path:
\Council Records\Agendas\2006-2008\Council
AGE COUNCIL 2007/01/19 2006-2008
(Related)
Path:
\Council Records\Agendas\2006-2008\Council
BIL 220 Draft 01 2004-2006
(Related)
Path:
\Council Records\Bills\2004-2006
BIL 221 Draft 01 2004-2006
(Related)
Path:
\Council Records\Bills\2004-2006
COM 0056.000 2006-2008
(Related)
Path:
\Council Records\Communications\2006-2008
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<br /> POP: gatri v. Mane Page 7 of 11 <br /> 2. The circuit court erred in reversing the decision of the Director. <br /> The findings and purposes of the Coastal Zone Management Act, SMA permit procedures, are set forth <br /> in HRS § 205A-21 (1993). <br /> The legislature finds that, special controls on developments within an area along the shoreline aze <br /> necessary to avoid permanent losses of valuable resources and the foreclosure of management options, <br /> and to ensure that adequate access, by dedication or other means, to public owned or used beaches, <br /> recreation areas, and natural reserves is provided. The legislature finds and declares that it is the state <br /> policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of <br /> Hawaii. <br /> HRS § 205A-26 (1993) sets forth mandatory guidelines governing the implementation of the SMA <br /> permit procedure by the designated authority. This section provides, in pertinent part, that: <br /> (2) No development shall be approved unless the authority has first found: <br /> (A) That the development will not have any substantial adverse environmental or ecological effect, <br /> except as such adverse effect is minimized to the extent practicable and cleazly outweighed by public <br /> health, safety, or compelling public interests... . <br /> (B) That the development is consistent with the objectives, policies and special management area <br /> guidelines of this chapter and any guidelines enacted by the legislature; and <br /> (C) That the development is consistent with the county ee neral plan and zonine. Such a finding of <br /> consistency does not preclude concurrent processing where a general plan or zoning amendment may <br /> also be required. <br /> (Emphases added.} <br /> HRS § 226-58 (1993) provides that: <br /> (a) ...County general plans or development plans shall indicate desired population and physical <br /> development patterns for each county and regions within each county. In addition, county general plans <br /> or development plans shall address the unique problems and needs of each county and regions within <br /> each county.... <br /> (b) County general plans shall be formulated on the basis of sound rationale, data, analyses, and input <br /> from state and county agencies and the general public, and contain objectives and policies as required by <br /> the charter of each county. Further, the county general plans should: <br /> (1) Contain objectives to be achieved and policies to be pursued with respect to population density, ]and <br /> use, ...and all other matters necessary for the coordinated development of the county and regions <br /> http://www.hawaii.gov/jud/20385.htm 12/22/2006 <br /> <br />
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