PD Background and Recommendation Amendments to Planning Commission Rule 8 and 9

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(2) Renovation and expansion of single-family homes in erosion and flood-prone coastal areas, thereby extending building lifetimes indefinitely and allowing for virtually complete coverage of coastal parcels by these structures. The average building surface area increased by twenty per cent(20%) following the establishment of the State's coastal zone management program and combined with sea level rise, this development increases the likelihood of mass structural failure and deposit of debris on public beaches. The purpose of Act 16 is to strengthen the coastal zone management policy to protect state beaches and to reduce residential exposure to coastal hazards. More specifically, Act 16 resulted in the following substantive changes to the State's Coastal Zone Management Law (Chapter 205A, HRS). In addition to amendments resulting from the passage of Act 16, the Planning Director is proposing amendments to Planning Department and Planning Commission rules to reflect changes that were made in HRS 205A prior to Act 16 but have yet to be updated in both Department and Commission rules. Note that material to be deleted is bracketed and struck-out while added material has been underscored. Additionally, material that is added from Act 16 is yellow color-coded, other HRS changes are green color-coded and the Director recommended changes are blue color-coded. PROPOSED AMENDMENTS TO THESE DEFINITIONS WHICH AFFECT DEPARTMENT RULE II (SHORELINE SETBACK VARIANCE, COMMISSION RULE 8 (SHORELINE SETBACK VARIANCE)AND COMMISSION RULE 9 (SPECIAL MANAGEMENT AREA): 1. Act 16 amended HRS 205A-1 by defining a"beach" as follows: a. "Beach" means a coastal landform primarilyposed of sand from eroded rock, coral, or shell material, or any combination thereof, that is established and shaped by wave action and tidal processes. "Beach" includes sand deposits in nearshore submerged areas, or sand dunes or upland beach deposits I andward of the shoreline, that provide benefits for public use and recreation, for coastal ecosystems, and as a natural buffer against coastal hazards." -3-