2023-04-20 DRAFT Joint Meeting Exh B (Proposed Amendments to PC Ruls 8 & 9)

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KNOWLES: Yes. DEFRANCO: Okay. KNOWLES: Promise, it has a question mark at the end. DEFRANCO: Tune your mic on though. KNOWLES: I just wanted to go, sorry, circling back to 8-10, the waiver provision and the amendment specifically looking at 8-10 (A)(3). Can you speak to this kind of broad language that gives the department the power to waive a public hearing or action for other structures and activities provided that no person or agency has requested a public hearing within 25 calendar days after public notice of the application. It seems very broad and again I think — DEFRANCO: Are you asking a question? KNOWLES; I'm asking a question. Why that provision is kind of a catch all. Is that how you're looking at it? Can you. JACKSON: Yes, I agree it is very broad. KNOWLES: Right. JACKSON: But it was actually already part of HRS prior to the Act 16 change. I think some counties have included this in their Planning Commission rules and some have not and the way HRS reads. Each County can decide whether or not they want to delegate that authority to the Director. If you disagreed with that provision, then if somebody proposed other structures and activities then that shoreline setback variance would come to the Planning Commission for a decision. KNOWLES: On it, we can take this to the next phase. Thank you so much Maij a. JACKSON: I'd also like to add that even though this provision is in law. I've worked here 15 something years and I've seen it used very, very rarely. I want to say maybe 2 or 3 times in 15 years. So that's not to say that it won't be used more frequently in the future since sea level rise and erosions occurring, but the past track record is that it's not utilized very often. KNOWLES: Thank you. DEFRANCO: So, if we don't have any more questions then and we don't have any comments on Zoom, oh. Sorry, is anybody on the Windward Planning Commission, do you have any questions for the staff before we move on. There's no public testimony. So, then, if we can get a motion for action so that we can actually discuss this I think it's an appropriate time to do this. So, I'm looking for a motion,please, [Unintelligible crosstalk] motion yes. 10 EXHIBIT B (DRAFT)