HomeMy WebLinkAboutCOM 0235.000 2010-2012 -;� ,, \
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' William T. Takaba
William P. Kenoi A.-'5 ,,4,
Mayor :• Managing Director
k 4 6M O : ; ' .. _ Wally Lau
�rE o D eputy Managing Director
County of Hawai `i
25 Aupuni Street • Hilo, Hawai`i 96720 • (808) 961 -8211 • Fax (808) 961 -6553
KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawaii 96740
(808) 323 -4444 • Fax (808) 326 -5663
June 2, 2011
Honorable Dominic Yagong, Chairman w-
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Members:
Initiator: Planning Director
Amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition, As Amended)
Relating to the Addition of Civil Defense Sirens to Concurrency Requirements
As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Windward and Leeward Planning
Commissions' letters and enclosures regarding the above - referenced request.
Sincerely,
------___ QIc)____ ,
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
. a; I I 42/ )
Hawai'i Coung' is an Equal Opportunity Provider and Employer
Comm. No. 2 36
Ref. To pG
Ref. Dote JUN 13 2011
�f•'� NTre r��.
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961 -8288 • Fax (808) 961 -8742
{q { A r
' 1t i
The Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Council Members:
Initiator: Planning Director
Amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition, As Amended)
Relating to the Addition of Civil Defense Sirens to Concurrency Requirements
The Windward Planning Commission at its duly held public hearing on May 4, 2011, considered the
Planning Director's request for an amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition
as amended) relating to the addition of Civil Defense sirens to concurrency requirements.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation Report, as well as a transcript of the hearing for your
information.
Sincerely,
Zendo Kern, Chairman
Windward Planning Commission
Lpdinitiated - cdsirenswpc
Enclosures
cc: Planning Department — Kona
Amy Self, Esq.
Hawai`i County is an Equal Opportunity Provider and Employer
County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720
2 Phone (808) 961 -8288 • Fax (808) 961 -8742
j lA �' 2 7T11:
11 fi
The Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i -
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Council Members:
Initiator: Planning Director
Amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition, As Amended)
Relating to the Addition of Civil Defense Sirens to Concurrency Requirements
The Leeward Planning Commission at its duly held public hearing on April 21, 2011, considered the
Planning Director's request for an amendment to Chapter 25, Hawai`i County Code 1983 (2005 Edition
as amended) relating to the addition of Civil Defense sirens to concurrency requirements.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation Report, as well as a transcript of the hearing for your
information.
S . cerely,
- Z--- - ocZ-Z6-- - x--e - 4y/--
Geraldine Giffin, Chairman
Leeward Planning Commission
Lpdinitiated - cdsirenslpc
Enclosures
cc: Planning Department — Kona
Amy Self, Esq.
Hawai`i County is an Equal Opportunity Provider and Employer
BRCCI nitiatedTsunamiSirenBill291 .doc- 4118/11
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
PLANNING DIRECTOR INITIATED
AMENDMENT TO CHAPTER 25 (ZONING CODE)
The Planning Director has initiated an amendment to Chapter 25 (Zoning),
Article 2, Division 4, Section 25 -2 -46 of the Hawai`i County Code 1983 (2005 Edition,
as amended) relating to the Addition of Civil Defense Sirens to Concurrency
Requirements.
BACKGROUND
A recent media report referenced a 2006 State Civil Defense study that identified
63 sites on the Big Island where no Civil Defense sirens exist. These reports also noted
that since 2007, the State Legislature had appropriated $14.2 million statewide for the
installation of Civil Defense sirens statewide. But at a cost of roughly $85,000 to
$100,000 per siren, that is enough for the installation of only 167 sirens. According to
the report, the State Civil Defense says it still needs another $8.5 million to install 100
more sirens. The February 2010 Chilean tsunami and the Japan earthquake and tsunami
of March 2011 underscored the need for a comprehensive Civil Defense siren system.
According to the media report, the State Civil Defense plans to build according to
the following priority order:
1) Existing sirens in tsunami zones that have fallen or are falling off the pole;
2) New sirens in tsunami zones;
3) Upgrades in non - tsunami zones; and
4) New sirens in non - tsunami zones.
On March 1, 2011, the State Civil Defense went out on bid to install a number of
new civil defense sirens on the Big Island that would include Mauna Lani Resort,
Waikoloa Beach resort and Kona Village Resort complexes.
ATTACH: Caren. 235
-1- Bill 62
CONCURRENCY REQUIREMENTS
Authority
The landmark case Golden v. Planning Board of Town of Ramapo established that
phased growth, or concurrency, is within the scope of a zoning authority as a method of
promoting the health and welfare of the community. A concurrency requirement
typically specifies that a proposed development may not be approved if it would cause
the levels of service of public facilities and services to fall below some specified baseline.
In other words, certain specified public facilities and services needed to sustain an
adequate level of service must be available concurrently with the impacts of the
development or within a reasonable time thereafter.
Section 25 -2 -46 of the Zoning Code implements concurrency requirements for
roadways and water systems for certain types of projects. The proposed amendment to
this section will require that an area also be adequately serviced by Civil Defense sirens
as part of the processing of any zoning amendment or an extension of time to perform a
condition of a zoning amendment.
Standards
This proposed amendment to the concurrency requirement of the Zoning Code
will require existing civil defense sirens, as determined by the State Civil Defense, are
available to provide adequate warning coverage across the entire project site or that the
provision of civil defense sirens to provide such coverage, as determined by State Civil
Defense, is integrated as part of the zoning amendment or application for extension of
time to perform a condition of zoning amendment.
This concurrency requirement shall only apply to the following types of projects:
(1) Twenty -five or more residential units; or
(2) Commercial space, industrial space, or a combination of commercial and
industrial space equal to or greater than thirty thousand square feet of
gross floor area; or
(3) Any combination of residential units, commercial space and industrial
space equal to or greater than thirty-five thousand (35,000) square feet of
gross floor area.
-2-
RECOMMENDATION
For the reasons stated above, the Planning Director recommends that the
Planning Commission forward a favorable recommendation of the accompanying
bill to the County Council to amend to Chapter 25 (Zoning), Article 2, Division 4,
Section 25 -2 -46 of the Hawaii County Code 1983 (2005 Edition, as amended)
relating to the Addition of Civil Defense Sirens to Concurrency Requirements.
-3-
4 OJ�YY
COUNTY OF HAWAII - • :•I' STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-
2-46 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO ADDITION OF CIVIL DEFENSE SIRENS TO CONCURRENCY
REQUIREMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, article 2, division 4, section 25 -2 -46 of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"(a) Purpose. In addition to requirements otherwise imposed, this section creates
concurrency standards for roads [arKIL water supply [. - - -, • . - . : - ], and
civil defense sirens.
(b) Applicability. This section applies to any zoning amendment application[ for change
of zoning district], or for an application for extension of time to perform a condition
of zoning amendment[ by the planning department after the effective date
of this ordinance.
(c) Definitions. As used in this section:
"Acceptable level of service" means that the level of service of a transportation
facility at the a.m. and p.m. peak hour is "D" or better.
"Approved development" means development for which zoning has been granted
by the County.
"Civil Defense siren" means a noisemaking mechanical or electronic device,
generating sound to provide warning of approaching danger. The siren is one type of
tsunami warning system and is linked to the Hawai'i State Civil Defense Outdoor
Siren Warning System, activated by the County's civil defense system or by
neighboring tsunami warning centers, in case of a potential life - threatening tsunami
or other natural disaster.
"Critical road area" means a geographical area where any of the transportation
facilities serving the area have been determined by the council to be worse than the
acceptable level of service.
"Immediate vicinity of a project" means the area in which transportation facilities
will be required to mitigate impacts caused primarily by the project.
"Level of service, or LOS" means a qualitative measure describing operational
conditions within a traffic stream, and shall be determined using the procedures in the
latest edition of the Highway Capacity Manual, Transportation Research Board.
"Mitigation" means specific actions to reduce traffic congestion. Mitigation is of
two types: "local mitigation" which consists of improvements to roads and
intersections that are in the immediate vicinity of a project, including channelization
of intersections, turn lanes into a project and similar improvements. "Area
mitigation" consists of improvements which increase the capacity of an arterial or
other major road, such as additional lanes, in the general region containing the
project, or construction of a new arterial or collector road in the general area
containing the project, or improvements to public transportation such as buses or park
and ride facilities, sufficient to offset the traffic demand generated by the project.
"Occupancy" means (1) the issuance of a certificate of occupancy for a
commercial, multifamily, industrial building, hotel or other structure requiring a
certificate of occupancy; (2) the issuance of a building permit for residential buildings
that do not require a certificate of occupancy; or (3) final subdivision approval for
subdivisions where dwellings are allowed, but dwellings are not being constructed
before sale of any lot.
"Project area" means the area in which the project is expected to have an impact
on the level of service of transportation facilities.
"Reasonable assumptions" means the percentage of full build -out that is expected
to occur during the twenty -year period after the date of the application, as determined
by the planning director.
"Transportation facilities" means State and County highways, roads, and public
transportation facilities.
"Worse than the acceptable level of service" means that the level of service at the
a.m. or p.m. peak is "E" or "F ".
(d) Traffic impact analysis report required.
(1) A traffic impact analysis report (TIAR), prepared or updated within six months
before the submission of the application, shall be included with the application
for any [change of z e ]zoning amendment that can generate fifty or more peak
hour trips. The determination of peak hour trips shall be based on the Institute
of Transportation Engineers, "Trip Generation Handbook ", or any other
nationally recognized source. When the number of trips depends upon the
exact future uses of the site, and those are unknown at the time of [rezoning]
zoning amendment (for example, the types of commercial uses), the
determination shall be based upon a typical mix of uses found in that zoning
type in the community. The TIAR shall be certified as having been conducted
in accordance with best practices by a professional engineer licensed in the
State of Hawai
(2) The TIAR shall assess impacts to transportation facilities in the immediate
vicinity and general area of the project, and to the transportation facilities
serving the project area.
(3) The TIAR shall include projections for future growth in traffic, for a minimum
of five, ten, and twenty years, and shall include other approved or proposed
development that is expected to impact the project area, with reasonable
assumptions about the build -out of such development.
(4) The TIAR shall present an assessment of the impacts of the project on LOS and
an evaluation of alternative plans for mitigating those impacts. The evaluation
shall include budgetary cost estimates for the capital and operating costs of
promising alternative plans.
2
(e) Mitigation required.
(1) If the LOS for any transportation facility in the project area is (A) currently
worse than the acceptable level of service, or (B) projected to become worse
than the acceptable level of service during the five year period of the TIAR, any
rezoning of the property, if approved, shall contain conditions that require
mitigation of adverse traffic effects before occupancy of the project is
permitted, or that occupancy be delayed until the level of service has reached
the acceptable level and is no longer projected to be worse than the acceptable
level.
(2) Where the LOS deficiency is due to roadway or intersection deficiencies in the
immediate vicinity of the project, the conditions of zoning shall require local
mitigation. Where the deficiency in LOS is due to insufficient capacity in the
transportation facilities serving the project area, the conditions of zoning shall
require area mitigation.
(3) If there is more than one way to mitigate an adverse effect, the director shall
present to the council the pros and cons of the alternatives.
(f) Mitigation requirements will be deemed satisfied when:
(1) A public agency has committed funds for area mitigation that will remove the
LOS deficiency. In the case of the State, commitment of funds means that the
governor has released funds to complete the improvement. In the case of the
County, commitment of funds means that the council has appropriated funds to
complete the improvement; or
(2) The private developer's commitment to implement mitigation has been secured
by bond or equivalent security, or mandatory participation in an improvement
district, community facilities district, or other equivalent means of guaranteeing
performance.
(g) A developer's area mitigation expenses shall be credited against any fair share or
similar fee requirement for roads. A developer's local mitigation expenses shall be
credited against any fair share or similar fee requirement for roads if the council
determines that the mitigation substantially benefits the general public and was not
necessary primarily for the benefit of the project. In general, roads that are
necessary for access to or within a development or turn lanes for a private project
shall not qualify for fair share credit.
(h) The following types of [Fezoriing]zoning amendment applications shall be required
to submit a TIAR when required by this section, but shall not be required to perform
area mitigation:
(1) Residential or other [rezeg]zoning amendment where the applicant commits,
and the conditions of zoning require, that the project earn at least two times the
number of affordable housing credits otherwise required under chapter 11,
County affordable housing policy, provided further that the applicant shall be
entitled to the full amount of "excess credits" under section 11 -15, County
affordable housing policy, based on the number of affordable housing credits
normally required.
(2) [Rezening]Zoning amendment to CV, CN, MCX, PD, or ML where the council
determines that the project will reduce regional traffic congestion by providing
necessary commercial or light industrial opportunities to serve an area where
3
there is a shortage of available space zoned for such uses, and substantial
residential development has already been approved, provided that conditions of
zoning shall ensure that any commercial development be of a scale consistent
with the standards of a "neighborhood center" as described in the general plan.
(i) The restrictions on occupancy shall not apply to the construction of infrastructure
such as water tanks, roads, sewage treatment plants, or other project elements that do
not generate substantial traffic.
(j) The council may designate critical road areas by ordinance.
(k) In a critical road area, all rezonings shall be subject to local and area mitigation,
except as stated in subsection (h).
(1) In order to determine whether a [rezoning]zoning amendment application meets the
TIAR threshold of fifty or more peak hour trips, and to prevent applicants from
going below the TIAR threshold by dividing a project into segments, the director
shall review all development proposed on the same or adjacent properties, and shall
include traffic that may be generated by any development application approved after
the effective date of this ordinance, or by any other pending development
application, if it is on a portion of the same lot or tax map key parcel, or an adjoining
lot or tax map key parcel, or in the immediate vicinity of the development.
(m) A [change of zonc]zoning amendment application shall not be granted unless: (1) the
department of water supply has determined that it can meet the water requirements
of the project and issue water commitments using its existing system; or (2) specific
improvements to the existing public water system, or a private water system
equivalent to the requirements of the department of water supply will be provided to
meet the water needs of the project and conditions of zoning delay occupancy until
the necessary improvements are actually constructed.
(n) To facilitate the development of village centers in rural areas that are not currently
served by a public water system, the council may waive the water supply
requirements for []zoning amendments for commercial or light industrial
uses in areas that do not currently have a public water system, and where the
department of water supply has no plans to build a public water system, and which
are (1) designated as an "urban and rural center" or "industrial area" on table 14 -5 of
the general plan and (2) designated for urban use on the land use pattern allocation
guide map of the general plan; provided that conditions of zoning shall require water
supply consistent with public health and safety needs such as sanitation and fire-
fighting.
(o) A zoning amendment application or an application for an extension of time to
perform a condition of zoning amendment shall not be granted for projects
proposing:
(1) Twenty -five or more residential units; or
(2) Commercial space, industrial space, or a combination of commercial and
industrial space equal to or greater than thirty thousand square feet of gross
floor area; or
(3) Any combination of residential units, commercial space and industrial space
equal to or greater than thirty -five thousand square feet of gross floor area;
unless existing civil defense sirens, as determined by the State Civil Defense,
are available to •rovide ade•uate warnin: covea_e across the entire .ro
4
site or that the provision of civil defense sirens to provide such coverage is
inte_ rated as . art of the zonin• amendment or a..lication for extension of
time to perform a condition of zoning amendment.
[(&)](p) Nothing in this section shall limit the ability of the council to impose reasonable
roadway [er] water, or civil defense siren improvement requirements on zoning
amendments or to deny zoning amendment applications to the extent otherwise
allowed by law."
SECTION 2. Material to be repealed is bracketed and stricken through. Material to be
added is underscored. In printing this ordinance, the brackets, bracketed and stricken material
and underscoring need not be included.
SECTION 3. If any provision of this ordinance, or the application thereof to any
person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance, which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
5
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
HEARING TRANSCRIPT
APRIL 21, 2011
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT
TO CHAPTER 25, RELATING TO ADDITION OF CIVIL DEFENSE SIRENS TO
CONCURRENCY REQUIREMENTS was called to order at 1:07 p.m. in the West Hawai`i Civic
Center, Community Center, Building G, 74 -5044 Ane Keohokalole Highway, Kailua -Kona,
Hawai`i, with Chair Geraldine Giffin presiding.
COMMISSIONERS PRESENT: Geraldine Giffin, Brandi Beaudet, Lani Bowman, Thomas
Hickcox, Wayne Iokepa and Richard Nelson
ABSENT AND EXCUSED: Thomas Whittemore
STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), Margaret Masunaga
(Deputy Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff
Planner) and Maija Cottle (Staff Planner)
And one person from the public in attendance.
INITIATOR: PLANNING DIRECTOR INITIATED
Amendment to Chapter 25 (Zoning), Article 2, Division 4, Section 25 -2 -46 of the Hawai`i County
Code 1983 (2005 Edition, as amended) relating to the Addition of Civil Defense Sirens to
Concurrency Requirements.
GIFFIN: We are on Agenda Item No. 3. And this is relating to the addition of Civil Defense sirens
to concurrency requirements. Daryn?
ARAI: Thank you, Madam Chairwoman, Commissioners. I'm going to try and make this brief. I
think the background and recommendation report that we transmitted to you explains thoroughly
why this bill is before you. It's different from the bill that you heard earlier that was transmitted
down from the County Council, which previously tried to include a requirement for the installation
of tsunami sirens as part of plan approval, which is a departmental administrative review. And as
you recall, the Director did not support that bill, and the Planning Commission, both Leeward and
Windward, voted to send an unfavorable recommendation. That bill currently has been tabled and
it's awaiting this bill that the administration put together for you. And what it simply does is it ties
in the installation of tsunami sirens as a requirement of concurrency. As you are aware, the State
has undertaken efforts to install sirens at locations throughout the island, throughout the state for
that matter, but the amount of monies that have been secured would not address all of the sirens that
are needed to provide adequate coverage.
That being said, a concurrency requirement basically specifies that a proposed development may
not be approved, if it would cause levels of service of public facilities to fall below a specified
baseline. What this proposed bill is attempting to do is basically, say, if an area is not serviced by a
tsunami siren, then a proposed rezoning or time extension for the performance of a zoning
requirement shall not be considered, or shall not be approved. It applies to certain types of projects
1
— for example, on Page 2 of your background and recommendation report at the bottom it mentions
25 or more residential units; commercial space or industrial space or a combination thereof greater
than 30,000 square feet of gross floor area; and finally a combination of residential, commercial and
industrial space equal to or greater than 35,000 square feet of gross floor area. It is simply
establishing these benchmarks and basically saying that we will not process any rezoning
applications that involve these types of uses or development unless we can be assured that a siren is
able to cover that particular project. So with that, the Director is asking for your favorable
recommendation on this bill, and I stand ready to answer any questions that you may have.
GIFFIN: Commissioner Nelson.
NELSON: No.
GIFFIN: I'm sorry. Does anybody else have questions? None? Hearing none, do I hear — oh,
yeah, I'm sorry, no one has signed up to testify for this agenda item — and so, hearing no questions
or comments or discussion for this agenda item, do I hear a motion?
NELSON: I move to send a favorable approval of the amendment to Chapter 25, Article 2,
Division 4, Section 25 -2 -46 of the Hawai`i County Code 1986 (sic) -.
GIFFIN: Eighty - three.
NELSON: And amended as the 2005 Edition, relating to the addition of Civil Defense sirens to
concurrency requirements.
GIFFIN: Do I hear a second?
BEAUDET: Second.
GIFFIN: It's been moved by Commissioner Nelson and seconded by Commissioner Beaudet that
we send a favorable recommendation to the County Council regarding Chapter 25, Article 2,
Division 4, Section 25 -2 -4 of the Hawaii County Code. Any comments or discussion? Hearing
none, Daryn?
ARAI: Commissioner Nelson?
NELSON: Aye.
ARAI: Commissioner Beaudet?
BEAUDET: Aye.
ARAI: Commissioner Bowman?
BOWMAN: Aye.
ARAI: Commissioner Hickcox?
HICKCOX: Aye.
2
a
ARAI: Commissioner Iokepa?
IOKEPA: Aye.
ARAI: And Madam Chairwoman?
GIFFIN: Aye.
ARAI: Madam Chairwoman, the motion carries with six aye votes.
The discussion ended at 1:13 p.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
3
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
MAY 4, 2011
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO
CHAPTER 25 OF THE HAWAI`I COUNTY CODE RELATING TO ADDITION OF CIVIL
DEFENSE SIRENS TO CONCURRENCY REQUIREMENTS was called to order at 11:26 a.m.
in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i,
with Chairman Zendo Kern presiding.
COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Takashi Domingo, Wallace Ishibashi,
and Stephen Ono
STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), Daryn Arai (Planning
Program Manager), Phyllis Fujimoto (Staff Planner), Maija Cottle (Staff Planner), and Jeff
Darrow (Staff Planner).
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25 (Zoning), Article 2, Division 4, Section 25 -2 -46 of the Hawai`i
County Code 1983 (2005 Edition, as amended) relating to the Addition of Civil Defense Sirens
to Concurrency Requirements.
KERN: Item number three, amendment to Chapter 25(Zoning), Article 2, Division 4, Section
25 -2 -46 of the Hawai`i County Code relating to the Addition of Civil Defense Sirens to
Concurrency Requirements. Daryn.
ARAI: Thank you, Mr. Chairman, Commissioners. As you recall the recent Chilean tsunami
events in 2010 and the more recent earthquake in Japan in March of 2011 underscored the need
for a comprehensive civil defense warning system for the island, for the island and throughout
the State for that matter. To that end, the State has taken the initiative, in coordination with the
County Civil Defense Agency, to install new civil defense sirens throughout the island. On
March l of this year the State Civil Defense even went out to bid to install sirens at certain
locations like Mauna Lani Resort, Waikoloa Beach Resort, and Kona Village. So it is quite
obvious there is a need to provide these warning systems commensurate with development and as
developments proceed on this island.
You have seen a previous bill by Council that attempted to introduce legislation to require these
sirens as part of plan approval. The Commission did not, forwarded an unfavorable
recommendation of that request, as you may recall. And what you have before you is the
Planning Department's proposal to tie in the provision of these warning sirens as part of our
current currency requirements.
1
The current concurrency requirements contained within the Zoning Code ties it in with the
provisions of roadways and water systems commensurate with development. We would like to
see that civil defense warning sirens also been made a part of the concurrency requirements.
So with that, please note that on page 2 of your report that the requirement shall only apply to
certain types of projects. One being 25 or more residential units; number two commercial space,
industrial space, or a combination thereof equal to or greater than 30,000 square feet of gross
floor area; and third a combination of residential units, commercial space and industrial space
equal to or greater than 35,000 square feet of gross floor area.
So with that, I stand ready to answer any questions you may have.
KERN: Are there any questions for staff?
DOMINGO: Mr. Chairman?
KERN: Commissioner Domingo.
DOMINGO: Mr. Arai, would this be applicable in any part of the island?
ARAI: Yes. It is an amendment to the County Code so it would be applicable island wide.
DOMINGO: Okay. And I mean, I mean the installation of those sirens would it be just along
the, nearest to the seacoast where development has taken place?
ARAI: No, it won't be limited. The previous bill that was sent out to you from Council had
applied only to the SMA area, if I remember correctly, and within a one -mile radius.
DOMINGO: Okay, thank you.
KERN: I have a question. What is the intent of putting these sirens all over the island? If
somebody wanted to do something in Volcano they'd have to put one up there, and potentially
trying to tie into the siren system may be very hard from Volcano, not to mention if a tsunami is
coming that big I've got to probably drive up to Volcano where we're going to be safe.
LEITHEAD TODD: The siren system is not just a tsunami warning system. It is for all types of
Civil Defense warnings. So in theory depending on where State Civil Defense determines these
should be, these could be for, when I was a kid it was the deck - and -cover air raid warning -- it
could be a hurricane which would impact the entire island, it could be lava flow, you know,
trying to warn people to turn on, sometimes the sirens are more about turning on your radio and
finding out what the warnings are for, more than anything else.
But it is envisioned as an island -wide system that addresses not only tsunami. I think we're most
concerned about those areas. But, you know, if you've been to Kauai when the hurricane hit, it
2
hit the entire island regardless of whether you were next to the coast or not. And so we want a
system that is island wide and takes care of all kinds of contingencies.
KERN: Thank you. Any other questions from staff? Seeing none, would you like to add
anything else, Madam Director?
LEITHEAD TODD: No.
KERN: Okay, then for the record nobody signed up from the public to testify.
ONO: I -.
KERN: Commissioner Ono.
ONO: I'm sorry, I'm just thinking off the top of my head. You know, when we make these
recommendations, my concern is, are we looking at where the funding is going to be coming
from?
KERN: I can answer or you can answer. This one is built in. That is it is basically the
developer's responsibility or kuleana to build it. If they are going to do a subdivision of 25 lots
or more, they have to put in an alert system in there. If they're doing a commercial building of
certain size or more or mixed use, then it triggers that.
LEITHEAD TODD: There is a plan for the State to provide funding for a number of sirens, and
we are going to be implementing that, and there are a number of critical areas first. The concern
is that if someone wants to kind of get ahead of the State putting these sirens in and thereby
increase the density in an area, the traffic in an area, and thereby increase the need to evacuate
people, that if they want to go ahead and build before the State builds the siren, then they need to
put the siren in first when they get to a certain density. That's basically -. Otherwise, they need
to wait for the State to come in and build it.
ONO: One more question.
KERN: Yes, go ahead, Commissioner Ono.
ONO: Daryn mentioned the thing about these resort areas. Are they grandfathered to be excused
or will they have to put in one of these siren things?
ARAI: Well, the way I see it, there is no such thing as grandfather. I mean it's a matter of
providing these types of needed warning systems in place to address existing development. The
reason for concurrency is basically before any additional development is approved, making
matters worse, that these types of minimum standards or minimum facilities are provided in the
area, no different than road, no different than water. Those facilities must be in place to provide
adequate support as development commences, pursues. So -.
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ONO: What about established resorts?
ARAI: No different than, well, Kona Village is unfortunately gone. But Mauna Lani and
Waikoloa Beach Resorts did not have adequate warning systems in place, which is why the State
is taking an initiative to secure funding and provide these things. So they are addressing these
so- called grandfathered areas that did not have sirens when they were developed.
ONO: Thank you.
KERN: So by this, this amendment will not trigger them having to do that?
LEITHEAD TODD: Well, what it would mean is that if Mauna Lanai has land on which they
could do further development, or Mauna Kea Beach has land they could do further development,
they couldn't do the additional development beyond what they already have if it met one of these
triggers either, you know, 25 units in a subdivision or commercial space. And it's basically that
we have a status quo right now where it is inadequate. We just don't want to make it worse,
that's all. That's what this is about.
KERN: Okay, any other questions? Seeing none, nobody signed up from the public to testify.
So with that, I'd be willing to entertain a motion. Commissioner Au?
AU: I make a motion to send a favorable recommendation to the Hawai`i County Council for the
amendment to Chapter 25, Article 2, Division 4, Section 25 -2 -46.
KERN: Is there a second?
DOMINGO: Second.
KERN: Okay, motion has been made and seconded. Any discussion? Seeing none, Daryn.
ARAI: Thank you. Mr. Chairman. Commissioner Au?
AU: Aye.
ARAI: Commissioner Domingo?
DOMINGO: Aye.
ARAI: Commissioner Ishibashi?
ISHIBASHI: Aye.
ARAI: Commissioner Ono?
ONO: Aye.
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ARAI: And Mr. Chairman?
KERN: Aye.
ARAI: Mr. Chairman, motion carried with five aye votes.
The discussion ended at 11:36 a.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
Windward Planning Commission
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