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

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1. Prior to Act 16, HRS 205A-43.5(a)(3) was amended to add the provision below. To address concerns raised by the Joint Planning Commission, this provision will not be added to Section 8-10(a)(3) of Commission Rule 8 and Section 11-11(a)(3) of Department Rule 11. Therefore, other structures or activities (other than structures and activities listed in Planning Department Rule 11-7)will need to go before the Planning Commission at a public hearing in order to secure a Shoreline Setback Variance: "Other structures or activities;provided that no person or agency has requested a public hearing within twenty-five calendar days after public notice of the application; or" 2. Act 16 amended HRS 205A-46(1)(a)(9)which restricted activities for private facilities from artificially fixing the shoreline and restricted the granting of a variance for shoreline hardening structures in areas with sand beaches, unless the granting of such variances is clearly demonstrated to be in the interest of the general public. To address the concerns raised by the Joint Planning Commission to remove the word sand from beaches found under Rule 8-11(d)(2) Criteria for Approval of a Variance, Hardship Standard, the Planning Director is proposing the following amendment to Rule 8-11(d)(2) as shown below: (2) Private facilities or improvements that may artificially fix the shoreline; provided that the Commission may consider hardship to the applicant if the facilities or improvements are not allowed within the shoreline area; provided further that a variance to artificially fix the shoreline shall not be granted in areas with beaches or where artificially fixing the shoreline may interfere with existing recreational and waterline activities unless the granting of the variance is clearly demonstrated to be in the interest of the general public. 3. The Planning Director is also proposing to amend Rule 9-11(b)(4) to address concerns raised by the Joint Planning Commission as shown: (a) Rule 9-11(b)(4) Archaeological Resources Requirements when submitting an -2-