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

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Planning Department Rule No. 11 which includes changes made by Act 16, which again amended Chapter 205A of the Hawaii Revised Statutes regarding the Shoreline Setback Area. The proposed amendments to Department Rule 11 relating to Act 16 seek to add a definition of beach to enhance the beach protections. It adds the definition of coastal hazards. It clarifies when permitted structures may be repaired and maintained but not rebuilt and replaced. It adds the definition of rebuild and repair and it increases the minimum shoreline setback from 20 feet to 40 feet. So, first I'm going to start off with the proposed amendments to the Planning Commission Rule 8, Rule 9, and the Planning Department Rule 11 which resulted from the changes made by Act 16. The common occurrence within these three rules is that the definition of"beach,"which you can see on your screen was added by Act 16. As defined by Act 16 the definition of"beach" means a coastal landform primarily composed 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 landward of the shoreline, that provides benefits for public use and recreation for coastal ecosystems, and as a natural buffer against coastal hazards. In addition to the definition of beach, Act 16 also provided a definition for "coastal hazards". "Coastal Hazards" means any tsunami, hurricane, wind, wave, storm surges, high tide, flooding erosions, sea level rise, subsidence, or point and non-point source pollution. Prior to this provision, there was no definition of beach or coastal hazards within our rules as well as HRS. So, before you today, I'm going to start off with the Planning Commission Rule 9 proposed amendments. Planning Commission Rule 9 is the Special Management Area Commission Rule. So, the proposed amendments to Planning Commission Rule 9 amended Chapter 205A-22 of the HRS by defining what"development" does not include. So, according to HRS 205A-22 "development" does not include the construction and reconstruction of a single-family residence that is less than 7,500 square feet of floor area. Is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion, and is not a part of a larger development. This amendment was added to Rule 9-4, Section I(2)(A) and prior to this amendment only single-family dwellings with 7,500 square feet or more in size were considered "development" and therefore required an SMA permit. With this amendment all single-family dwellings located within a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion will not be exempt and will require an SMA permit in order to determine potential impacts to the shoreline area and other ocean resources. Next, I'm going to go over the Planning Commission Rule 8 proposed amendments. Rule 8 is the Shoreline Setback Variance. I do want to point out before going over this slide for the waiver of the public hearing and action of the Commission that the PC or the Planning Commission may delegate the authority to the Department to waive a public hearing as said in Act 16 on Page 264 within your exhibits in Section 9. So, this specific slide is going over the changes that Act 16 made to Rule 8-10 which is the Waiver of Public Hearing and Action of the Commission within our rules. I want you to note that there are four(4) situations where a shoreline setback variance can be waived, and we will review two (2) of the situations in this slide as well as the next. This specific slide changed the definition of a protection of a structure 3 EXHIBIT B (DRAFT)