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Michael J. Matsukawa 75-5751 Kuakini Highway Kailua-Kona, Hawaii 96740 Telephone 329-1385 July 10, 2007 Chairman Hoffman and Members of the Council County of Hawaii Hilo, Hawaii _ CORRECTED Re: Bill 112 (Amending Chapter 11) Hearing Date -July 10, 2007 Statement in Opposition to Bill 112 Dear Chairman Hoffman and Members of the Council: I am writing in OPPOSITION to Bill 112 in its present form. Although the outcome of Bill 112 is laudable, Bill 112 is incomplete and does not articulate in sufficient detail the council's rationale to impose mandatory affordable housing conditions on lands that were rezoned prior to 1998. No doubt, owners of such {ands may appear to be "getting a free ride" if they were to put their lands to the described uses today (subdivision and CPR to lots or units less than 5 acres in area or plan approval for residential uses). However, State and county governments were aware of the housing "crisis" long before 1998 and, as a matter of direct public policy, allowed such lands to be rezoned without housing conditions at the time. As drafted, Section 1 of Bill 112 declares that "it is necessary" to take the proposed action at this time because it is "typical" for municipalities to do so. However, the declaration does not consider or articulate the fact that every municipality develops its housing program in accordance with the constitutional and statutory requirements and facts applicable and relevant to the exercise of its land use powers. In the case of Hawaii County, in 1998, the council amended the Zoning Code (but not the Subdivision Code) and authorized the council to attach specific conditions of approval that are linked to the desired land use action in question. The council also adopted Chapter 11 to impose affordable housing conditions that are linked to that land use action as well. In both instances, the ~ As early as 1959, the State recognized the need for housing and acknowledged that public lands should be used to establish housing on as widespread a basis as possible. Statehood Act, Section 5(f). In 1978, the State again established a State policy on housing. HRS Section 226-19.