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Home My WebLink AboutCOM 0999.000 2014-2016 %1Y OF p . William P.Kenoi .��``'t'"��:. Randall M.Kurohara Mayor .,t.f Acting Managing Director • 40F County in .%limn Mffirr off rArgot' 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 August 11, 2016 • Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: Planning Director Initiated Amendment to Chapter 25,Article 4, Division 5,Section 25-4-55 of the Hawaii County Code 1983 (2005 Edition,As Amended) Relating to Parking for Persons With Disabilities As required by Chapter 7, Sec. 6-7.5 (a), 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, • WILLIAM P. KENOI Mayor MTransCouncilPDInitiatedparkingwdisabilities Enclosures cc: Planning Department G�Q�j Comm. No. t -1 `( .<-RA\ 'Poo> Ref. To: �(1 Ref. Date AUG 1 7 2016 County of Hawai`i is an Equal Opportunity Provider and Employer. --MtyfOs......; •c- Gregory Henkel,Chair William P.Kenoi • : - �� '., g ry Mayor ;!* :� •t:`\;, • ; Myles Miyasato,Vice Chair •ems Joseph Clarkson '•e. w�•�� Donn Dela Cruz 41,•••• SMO••' - •'• 'E os'N� Donald Ikeda • •• Raylene Moses County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai'i 96720 Phone(808)961-8288 • Fax(808)961-8742 AUG 112016 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo,Hl 96720 Dear Chairman Kanuha and Council Members: SUBEJCT: Planning Director Initiated Amendment to Chapter 25,Article 4,Division 5, Section 25-4-55 of the Hawaii County Code 1983 (2005 Edition,As Amended) Relating to Parking for Persons With Disabilities The Windward Planning Commission, at its duly held public hearing on July 7, 2016, considered the above-referenced request initiated by the Planning Director for an amendment to Chapter 25, Article 4, Division 5, Section 25-4-55 of the Hawai`i County Code 1983 (2005 Edition, as amended),relating to parking for persons with disabilities. The purpose of this amendment is to update accessible parking requirements in favor of compliance with applicable Federal and State requirements applicable to parking for persons with disabilities. 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 and a draft transcript of the hearing for your information. (Sincerely, Gregory Henkel, Chairman Windward Planning Commission Lpdinitiatedparkingforpersonswithdisabilitieswpc Enclosures cc: Planning Department—Kona Hawai`i County is an Equal Opportunity Provider and Employer 11 ! William P.Kenoi . 4`� '•• Keith Unger,Chair Mayor ;• _ Collin Kaholo,Vice Chair y .•'_• Nancy Carr Smith ;'�, Scott Church •,>•.................. ofµ.,.. ' Perry Kealoha Barbara Nobriga Oliver"Sonny"Shimaoka County of Hawai`i LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 AUG 1M Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBEJCT: Planning Director Initiated Amendment to Chapter 25,Article 4,Division 5, Section 25-4-55 of the Hawaii County Code 1983 (2005 Edition,As Amended) Relating to Parking for Persons With Disabilities The Leeward Planning Commission, at its duly held public hearing on July 21, 2016,considered the above-referenced request initiated by the Planning Director for an amendment to Chapter 25, Article 4, Division 5, Section 25-4-55 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to parking for persons with disabilities. The purpose of this amendment is to update accessible parking requirements in favor of compliance with applicable Federal and State requirements applicable to parking for persons with disabilities. 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 and a draft transcript of the hearing for your information. • Sincerely, Keith F. Unger, Chairman Leeward Planning Commission Lpdinitiatedparkingforpersonswithdisabilitieslpc Enclosures cc: Planning Department—Kona Hawai`i County is an Equal Opportunity Provider and Employer BR ADA Parking amend Sec25-4-55.doc-sg6/15/16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION REPORT INITIATOR: PLANNING DIRECTOR AMENDMENT TO CHAPTER 25 (ZONING), HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED),ARTICLE 4, DIVISION 5, SECTION 25-4-55 RELATING TO PARKING FOR PERSONS WITH DISABILITIES INITIATOR: PLANNING DIRECTOR The Planning Director has initiated an amendment to Chapter 25 (Zoning), Hawai`i County Code 1983 (2005 Edition, as amended), Article 4, Division 5, Section 25-4-55 relating to Parking for persons with disabilities. The purpose of the proposed amendments is to update accessible parking requirements in favor of compliance with applicable Federal and state requirements applicable to parking for persons with disabilities. BACKGROUND 1. The Planning Department was informed,by memo, from the Director of Human Resources, Sharon Toriano, that changes were made to Titles II and III of the Americans with Disabilities Act of 1990 (ADA) in the Federal Register. 2. The 2010 ADA Standards for Accessible Design(September 15, 2010), was published by the Department of Justice, effective on March 15, 2012. This 275-page document adopted revised standards for all aspects of development for newly designed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible and usable by individuals with disabilities. 3. More specifically, the 2010 ADA Standards for Accessible Design includes, among other information, updated standards for accessible parking: including required number of accessible spaces, parking space dimensions, access aisles,markings and surface, and signage requirements, etc. - as required for accommodating persons with disabilities. 1 APPLICABILITY TO PLANNING DEPARMENT 4. Hawai`i County Code, Chapter 25 (Zoning), Section 25-4-55 titled"Parking for persons with disabilities",includes detailed information that developers follow for new and altered facilities to provide parking to accommodate persons with disabilities. The current information in Chapter 25 (Zoning) is different from the new standards and regulations. 5. Section 25-4-55 of the Zoning Code is used in conjunction with Plan Approval, a plan review process for specific types of development, where parking is required to be shown on site plans submitted to the Planning Department. 6. Although initial discussions included incorporating references into the Zoning Code, it was decided that the current wording in Chapter 25-4-55 be deleted and replaced with a general statement requiring compliance with applicable federal and state requirements for the facility or site. A simple compliance statement avoids listing requirements or references that may end up out-of-date. It is difficult to keep up with new laws and regulations. Code amendments take time to process since they require public hearings and need to be adopted by Ordinance. Delays in amending the code, could have an impact on a particular developer's ability to address and design accessible parking requirements for their projects. 7. Proposed new wording for Section 25-5-55: "Parking for persons with disabilities shall comply with all applicable federal and state requirements for the facility or site." 8. ADA references, including the Department of Health's Disability and Communication Access Board website(www.health.hawaii.gov/dcab/), will be posted on our website and incorporated into the Plan Approval Application. AGENCY COMMENTS: 9. County Hawai`i Dept. of Human Resources: P.D. Exhibit 1 —March 3,2016 InterOffice memo 10. The Planning Department consulted with Teri Spinola-Campbell, Equal Opportunity Officer and ADA Coordinator- Dept. of Human Resources; Jon Henricks, Deputy County Clerk- Office of the County Clerk; and Bill Brilhante, Assistant Corporation Counsel—Corporation Counsel on the draft amendments. 2 RECOMMENDATION For the reasons detailed above, the Planning Director recommends that the Leeward and Windward Planning Commissions send a favorable recommendation to the Hawaii County Council for the proposed Planning Director-initiated bill to amend Chapter 25 (Zoning), Hawaii County Code 1983 (2005 Edition, as amended) Article 4, Division 5, Section 25-4-55 relating to Parking for persons with disabilities. (PD Exhibit 2 —Draft Bill) 3 County of 3Cawat i-Department ofit nean ztesowroes Int ' e Memo irk Duane'Cantata,Director of king ,7710 561: Sharon Toriano,Director of Human Resources , DMZ March 3,2016 S'tATEC? Hawoi'l County Code,Section 25-4-55 Aloha, Director Kanuhal As a follow up to yesterday's discussion,Section 25-4-55 of the Hawaii County Code (HCC), Parking for Persons with Disabilities,is out-of-date because it references standards for accessible parking spaces that were amended. In short,the HCC creates public confusion as to what are the prevailing parking regulations for Hawaii County,and we believe that the Disability and Communication Access Board (DCAB)was asked to review the discrepancy. Our ADA Coordinator,Teri Spinola Campbell, consulted with DCAB,and also discussed this issue with Susan Gagorik, Planning Program Manager, and Jon Henricks, Deputy County Clerk. The following options were considered in response to this matter. 1. Do nothing. 2. Delete Section 25-4-55 in its entirely. This is our recommendation given that the requirements for accessible parking spaces are already contained in various laws, there may be no need to repeat them in the County Code. 3. Amend the HCC with proposed statement attached. Please note that DCAB's Facility Access Unit was asked to review the proposed revision for accuracy. Susan Gagorik favored this option. The HCC addresses accessible parking under Zoning and there may be other alternatives to be considered or perhaps other departments to consult with. Regardless,we are here to kokua. In the event you would like to pursue a code change, Deputy County Clerk Jon Henricks, has suggested the following: • The Planning Department can take the initiative and follow the usual protocol for amending a section of the HCC; or • If this is not possible,we can explore if a member of the County Council is willing to initiate the change. Planning Dept. 9fawai'i County is an Equal Opportunity Provider andEmp(oyer Exhibit I Duane Kanuha, Director of Planning March 3,2016 Page 2 of 2 In addition,Jon Henricks has offered to assist us in preparing a bill that would be ready for introduction to the County Counc . Enclosed is a draft of the amendment and Section 25-4-55 with strikeouts. Please let our ADA Coordinator Teri Spinola-Campbell know how you wish to proceed by March 14, 2016. Mahalo! TSC/ST:gy Enclosures Copy:Warren Lee Susan Akiyama Kimo Alameda Clayton Honma Jon Henricks Teri Spinola Campbell Section 25.4-55. Parking for Persons with Disabilities. Parking for State and County Government facilities must comply with applicable laws: (1) Section 103-50,Hawai'i Revised Statutes,administered by the Disability and Communication Access Board, Hawai'i Department of Health,State of Hawaii; (2) The 2010 ADA Standards for Accessible Design administered and enforced by the U.S. Department of Justice; (3) The Fair Housing Act administered and enforced by the U.S. Department of Housing and Urban Development, Parking for Places of Public Accommodation and Commercial Facilities must comply with applicable laws: (1) The 2010 Standards for Accessible Design administered and enforced by the U.S. Department of Justice; Parking for persons with disabilities in both State and County Government facilities and Places of Public Accommodation and Commercial Facilities,may also be required to comply with: (1) Hawaii Administrative Rules Title 11, Chapter 219 Department of Health Parking for Persons with Disabilities,and (2) Other pertinent laws relating to disabilities administered and enforced by agencies responsible for their enforcement. In addition certain facilities not included above may be required to comply with the Fair Housing Act,administered and enforced by the U.S.Department of Housing and Urban Development In the event that any of the above-noted federal or state laws are amended,those requirements shall be followed. If any federal or state laws require more stringent parking standards for persons with disabilities than those contained in this section,those requirements shall be followed. w minimum 1 to 25 26-te-38 2 51 to 75 76-te-189 4 -to--I58 1 6 204e-389 7 38l-tel89 S 48399 9 5O -te-1,,000 2pereest-eftetul 41004-41114-ever , _ w „ - - t . • tt �:.- :,. --.._ . . - . - - - - : - ,t . .., . .. .. .._ ... .. . -- - `,,,�• L STATE OF HAWAII COUNTY OF HAWAII • � �: SO•µ. BILL NO. (P(e.nn iIJ Depf. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 4,DIVISION 5, SECTION 25- 4-55 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED), RELATING TO PARKING FOR PERSONS WITH DISABILITIES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, Article 4,Division 5, Section 25-4-55 of the Hawaii County Code 1983 (2005 Edition,as amended),is amended to read as follows: "Section 25-4-55. Parking for persons with disabilities. Parking for persons with disabilities shall comply with all applicable federal and state requirements for the facility or site. ,i . : . . -♦ s . .. .. . _. . . . ._. . .. . _•, . . . Total-Parking-On-Building-Site-and-Required Number-of-Aeeessible-Spaees Minimum 1to25 4- 2640-50 2 51 to 75 3. 7640400 4 101 to 150 5 4-5440400 6 201 to 300 4 301 to-400 S 401 to 500 9 501 to 1,000 2pereent-ef-tetal lorini Jig Loot Exhibit 3333 ... .. _ :- • . _.. _.. .. _.. _ • .. . _. , : - _ -. . _:. ,. . 3. • -- . 3333.,:._ •. • .,.n "4. r • :. :.. - s _ _.a . . . • . _. r - .. _ _s . : of - .. _ . .__ ' . : ... • :: :3 . . .. : _. . . 3333 .. ., _. • - . . .. • �. . , - _.. . ' . .. 33.3.3 '' •• A .. : • .. .. :. , • • _ _ - _ - - . .. ., -. - The construction of the sign shall be .080 inch minimum thickness, aluminum sheet 2 • SECTION 2. 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 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets,bracketed material, and underscoring need not be included. 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: 3 Ln N W a. U) Q ccW = u_ P. V 0 . 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C 'Fis 03 2i CRS I 0►n. ..— N (1) E Cli nil > q W fQ( N Z la a n,, W 2 i O V v WC1. 5' i CC a �1 ff`-- E I • L1 Q gig ar, W O v > El_) Q ` • O co +-1 CD = — NO c 'ci O � _ CO 0 O _c C co � o CU E a) 0 c c a) a) E V a) cv U S L- N c aa) U C O � CUv, c � a) cv a) OD W C CO o L- C a a co a) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 7, 2016 A regularly advertised hearing on the Planning Director Initiated Amendment to Chapter 25, Article 4, Division 5, Section 25-4-55 of the Hawaii County Code 1983 (2005 Edition, as amended)was called to order at 11:08 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Gregory Henkel presiding. COMMISSIONERS PRESENT: Gregory Henkel, Joseph Clarkson, Donn Dela Cruz, Myles Miyasato, and Raylene Moses. ABSENT & EXCUSED: Donald Ikeda. ALSO PRESENT: Duane Kanuha(Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Susan Gagorik(Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), Christian Kay(Staff Planner), and Sarah Hata-Finley(Commission Secretary). And 1 member from the public in attendance. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25, Article 4, Division 5, Section 25-4-55 of the Hawaii County Code 1983 (2005 Edition, as amended),relating to parking for persons with disabilities. The purpose of the proposed amendments is to update accessible parking requirements in favor of compliance with applicable Federal and State requirements applicable to parking for persons with disabilities. HENKEL: Okay, Item No. 5 under New Business—the Planning Director's initiative. An ordinance amending Chapter 25,Article 4, Division 5, Section 24-4-55 of the Hawaii County Code 1983 (2005 Edition, as amended)relating to parking for persons with disabilities. The purpose of the proposed amendments is to update accessible parking requirements in favor of compliance with Federal and State requirements applicable to parking for persons with disabilities. So,we've got a new presenter, Susan Gagorik,please. GAGORIK: Good morning. My name is Susan Gagorik, and I'm with the Administrative Permits Division at the Planning Department. So, today's agenda item, on the proposed amendment to Chapter 25 relating to parking for persons with disabilities. In 2010, the Department of Justice published new accessibility standards called the 2010 ADA Standards for Accessible Design. These standards went into effect on March 15, 2012. Among other accessibility requirements, this document included updated standards that govern parking for persons with disabilities. A little snapshot of the document. 1 So, why do we need this change? The County of Hawaii Code, Chapter 25 includes a Section 25-4-55 entitled, "Parking for Persons with Disabilities." This section includes information to guide developers on designing parking to accommodate persons with disabilities for new and altered sites. So,rather than amend the County Code whenever a governing State or Federal regulation changes, the Department recommends that the current wording be replaced with a simple compliance statement. And, this is important because integral to developing plans for a project is that they be in compliance with new regulations. The Planning Department will post applicable references and links on our website, including a link to the State Depattment of Health, Disability and Communications Access Board website. And, this local website posts resources for guiding the public in designing accessible parking spaces. Just a snapshot of the DCAB website, and as you see on the top,there's a reference to parking. And,to assist the public, DCAB did design a booklet that incorporates both Federal and State Hawaii requirements for developing parking. So, again the Planning Director's recommendation is to replace the current wording with the following statement. "Parking for persons with disabilities shall comply with all applicable federal and state requirements for the facility or site." Are there any questions? HENKEL: No questions from the Commission? That concludes your presentation. I'm a little confused. Is that the initiator present? I mean, do I have to call Duane up here to testify or anything? PATEL: If he wants to say anything, actually he could. HENKEL: Do you have anything to say about it? KANUHA: No, I think it speaks for itself. CLARKSON: I do have a question. So, I see the version of 5-4-55 [sic] with everything stricken out and that sentence substituted, and then there's another one that just has references to the Federal and State laws and names them without going into all the details of what's in them. Is that another—somebody else's proposal? GAGORIK: No. Yeah, that was initially discussed when we first talked about the amendments. We thought we would include the references, but after talking with our Corp. Counsel and discussing it further with our ADA Coordinator, we agreed that it would be best to just include a simple reference that says you comply with all the Federal and State requirements. 2 CLARKSON: Okay, thank you. HENKEL: Nobody has signed to testify. Is there anybody out there that would like to testify on this? Then,I move that or I'm looking for a motion to close public testimony. MIYASATO: I make a motion to close public testimony. DELA CRUZ: Second. HENKEL: It's been moved and seconded by Commissioner Miyasato and Commissioner Dela Cruz. All in favor? COMMISSIONERS: Aye. HENKEL: Opposed? Okay, public testimony is closed. Is there a motion for action? MIYASATO: Chair, I'll make a motion. I move that a favorable recommendation on the Planning Director's initiated bill to amend Chapter 25, Article 4, Division 5, Section 25-4-55 of the Hawaii County Code be forwarded to the County Council based on the Planning Director's recommendations and findings which shall be adopted. DELA CRUZ: Second. HENKEL: It's been moved by Commissioner Miyasato and seconded by Commissioner Dela Cruz. Shall we—is there any discussion? CLARKSON: Very little. I will be voting in favor of the motion but I have to say I prefer the version with the references to the laws just so there is something for a planner or somebody to go, go on. I mean, it would be nice if a reference to the, the information on the website could be made part of the County Code,but I guess we don't put links in the County Code. GAGORIK: No, yeah. CLARKSON: That's too bad. HENKEL: Thank you, Commissioner Clarkson. Personally, as a layman, I seldom see legalese this elegant and simple, and I appreciate that, but anyway, any other comments? Then, we'll do a roll call vote. GAGORIK: Okay, Commissioner Miyasato? MIYASATO: Aye. GAGORIK: Commissioner Dela Cruz? 3 DELA CRUZ: Aye. GAGORIK: Commissioner Moses? MOSES: Aye. GAGORIK: Commissioner Clarkson? CLARKSON: Aye. GAGORIK: Mr. Chair? HENKEL: Aye. GAGORIK: The vote passes with five ayes. The discussion ended at 11:15 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 4 LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 21,2016 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAII COUNTY CODE,RELATING TO PARKING FOR PERSONS WITH DISABILITIES was called to order at 11:13 a.m. in the West Hawai`i Civic Center,Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii,with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Collin Kaholo,Nancy Can Smith, Barbara Nobriga and Sonny Shimaoka ABSENT AND EXCUSED: Scott Church and Perry Kealoha ALSO PRESENT: Danny Patel (Counsel for the Commission), Duane Kanuha(Planning Director),Daryn Arai(Planning Program Manager),Jeff Darrow(Planner),Maija Jackson (Planner),Christian Kay(Planner)and Noriko Sauer(Commission Secretary) And two people from the public in attendance. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25,Article 4,Division 5, Section 25-4-55 of the Hawai`i County Code 1983 (2005 Edition,as amended),relating to parking for persons with disabilities. The purpose of the proposed amendments is to update accessible parking requirements in favor of compliance with applicable Federal and State requirements applicable to parking for persons with disabilities. UNGER: Item No. 3,Initiator Planning Department,Planning Director,an ordinance amending Chapter 25,Article 4, Division 5, Section 25-4-55 of the Hawai`i County Code 1983,2005 Edition, as amended,relating to parking for persons with disabilities. The purpose of the proposed amendment is to update accessible parking requirements in favor of compliance with applicable Federal and State requirements applicable to parking for persons with disabilities. JACKSON: Thank you, Mr. Chair. Good morning,Commissioners. The next item on your agenda is a request by the Planning Director to amend the Zoning Code, that's Chapter 25 of the Hawai`i County Code,relating to parking for persons with disabilities. In 2010, the U.S. Department of Justice published new accessibility standards. They are called the 2010 ADA Standards for Accessible Design. And these standards went into effect in 2012. The document is about 200-plus pages, and it includes updated standards that govern how accessible parking is provided for persons with disabilities. This is what the new guidebook looks like. As I said, it's about 200 pages. The current Hawaii County Code, Zoning Code, requirements differ a 1 DRAFT little bit from these U.S. Department of Justice standards,so the Director is requesting that we update our Zoning Code to be consistent with those new standards. So as I said,our current Zoning Code has a section related to parking for persons with disabilities. This section of the Code discusses the number of parking spaces required,the dimensions of the parking spaces, signage, and pavement markings. And rather than amend the Zoning Code and add in the entire new language with the new accessibility requirements, the Director is recommending that we just include a simple compliance statement, and I'll show you the language in a minute. And in addition to changing the standards,the Department will post any references and links to our website. The State Department of Health,Disability and Communications Access Board, they are called DCAB for short,they have a website, and what they did, they actually took the 200-page document that the Department of Justice created,and compressed that down into nice eight-page guidelines. So that eight-page guideline booklet is what's on the DCAB website that the Planning Depaitanent will be referring landowners and developers to. This is the DCAB website that has links to a lot of the resources. And this just shows you the eight-page guidebook that I mentioned that DCAB created: "How to Design an Accessible Parking Space." So the Director is recommending the following language be added to our Zoning Code: It will say, "Parking for persons with disabilities shall comply with all applicable federal and state requirements for the facility or site." And if I can just direct your attention to the proposed bill that's the very last three pages of your background and recommendation report. So you'll see that we are recommending striking out all the existing language relating to parking for persons with disabilities,and then just adding the simple statement that says,"Parking for persons with disabilities shall comply with all applicable federal and state requirements for the facility or site." The reason we are recommending that is in case in the future the state or federal government again update their parking requirements,rather than having to go back and completely amend our Code again,we can just work with DCAB to update those guidelines. And with that,the Director is recommending that you send a favorable recommendation to the County Council for this proposed request. UNGER: Thank you. Any questions of County? Are there any members of the public here to testify on this item? Seeing none,I need a motion to close public hearing. SHIMAOKA: I move. KAHOLO: Second. UNGER: All in favor? 2 DRAFT COMMISSIONERS: Aye. UNGER: Oppose? [None.] Public hearing is now closed. Commissioners, the floor is open for a motion. NOBRIGA: I move that a favorable recommendation on the Planning Director initiated bill to amend Chapter 25, Article 4, Division 5, Section 25-4-55 of the Hawai`i County Code,be forwarded to the County Council based on the Planning Director's recommendation and findings, which shall be adopted. KAHOLO: I second. UNGER: We have a motion from Commissioner Nobriga, second by Commissioner Kaholo. Motion is on the floor for discussion. Any discussion? Roll call,please. JACKSON: Okay. Commissioner Nobriga? NOBRIGA: Aye. JACKSON: Commissioner Kaholo? KAHOLO: Aye. JACKSON: Commissioner Shimaoka? SHIMAOKA: Aye. JACKSON: And Commissioner Carr Smith? CARR SMITH: Aye. JACKSON: And Chair Unger? UNGER: Aye. JACKSON: Okay,the motion carries, five-zero. The discussion ended at 11:21 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 3 DRAFT