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BChart01.agk-2/1/98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PLANNING DIRECTOR INITIATED PROPOSED BILL TO AMEND THE CHARTER OF THE COUNTY OF HAWAII RELATING TO THE PLANNING DIRECTOR, PLANNING COMMISSION AND BOARD OF APPEALS The current structure of appeals to agency actions in the County of Hawaii is duplicative and conflicting. With the proposed amendments, a more effective appeals system can be established while preserving the right to appeal and a hearing, which is in accordance with Chapter 91, Hawaii Revised Statutes, Administrative Procedures. The amendments will eliminate the existing conflict between Section 5-4.3 of the County Charter relating to the Planning Commission and Section 5-6.3 relating to the Board of Appeals which states in part "The board shall hear and determine appeals from the actions of the planning director and planning commission." The amendments to the Charter would accomplish the following substantive changes: 1. The Planning Commission is eliminated from the variance and special exception appeals process. Because variances are, by Charter, a discretionary function decided by the Planning Director, the appeal should be made to the Board of Appeals, where an agency hearing could then be held. 2. The Board of Appeals is eliminated as the appellate body for quasi-judicial decisions made by the Planning Commission. The Charter and the County Code intend that the Planning Commission should be the final decision-making agency for certain actions. In accordance with this legislative intent, agency hearings should be held by the Planning Commission and appeals be made directly to the judicial courts. 3. In order to clearly separate the functions of the decision-making body and the appellate body, the Board of Appeals is placed for administrative purposes in the Office of the Corporation Counsel instead of the Planning Department. ATTACHYPNT TO C-7160/Bill 211