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COUNTY OF HAWAII <br />STATE OF HAWAII <br />BILL NO. ~a <br />ORDINANCE NO. <br />AN ORDINANCE TO AMEND CHAPTER 2, CHAPTER 6, CHAPTER 23, CHAPTER <br />25, CHAPTER 28, AND CHAPTER 34, HAWAII COUNTY CODE 1983 (2005 EDITION, <br />AS AMENDED) RELATING TO THE CONVERSION FROM A SINGLE PLANNING <br />COMMISSION TO WINDWARD AND LEEWARD PLANNING COMMISSIONS. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />SECTION 1. Purpose. The purpose of this ordinance is to amend six chapters of the <br />Hawaii County Code that make reference to a single planning commission. <br />Ordinance No. 08-01 initiated a potential Hawaii County Charter (hereinafter "Charter") <br />amendment that would primarily create two planning commissions where there was previously <br />one to serve the county. The electorate approved this measure, thus creating windward and <br />leeward planning commissions, thereby requiring that certain portions of the Hawaii County <br />Code (hereinafter "the Code") be amended to reflect that Charter amendment. <br />The Charter amendment did not contain provisions for what constitutes a quorum for any <br />meeting of the commissions, whether acting independently or jointly. Section 2-28 of the Code, <br />as it pertained to a single commission, stated that a majority of the voting members of the <br />planning commission constitutes a quorum for the purpose of conducting business. Therefore, <br />section 2-28 is amended in accordance with the previous provision as it now pertains to separate <br />meetings of the windward and leeward planning commissions, and require a majority of each <br />commission to be present to constitute a quorum for the purposes of any joint meeting. <br />Section 2-31, subsection (a) and (c) of the Code are proposed for deletion in their <br />entirety. Subsection 2-31(a) provides for the preparation, submittal, and approval processes for <br />the general plan. This section was codified prior to the general plan's adoption on December 5, <br />1971, to provide the planning director, planning commission, and the council the authority and <br />duty to create the general plan. As a general plan has been adopted and subsequently amended on <br />several occasions, section 2-31, subsection (a) is no longer pertinent and can be deleted in its <br />entirety. Subsection (c) provides for a public hearing process for the submittal of a genera] plan, <br />and amendments thereto, to the council. This subsection was also implemented for the creation <br />of a general plan, which has occurred. The general plan contains specific provisions for its <br />amendment (chapter 16), including public hearing requirements. <br />Section 2-32, subsection (a) of the Code, relating to subdivision regulations, is similarly <br />amended by deleting enabling language that provided the planning director, planning <br />commission, and the council the authority and duty to create general ordinances regulating the <br />