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

Home

limited to the alteration of floors, roofs, walls, or the supporting structure of a building or the rearrangement of any of its component parts. Again, this provision will provide the definitions for "repair," "rebuilt," and"replace" and in order to effectively implement this section of HRS, these definitions are being added. These definitions are similar to other definitions used by other counties in the State of Hawaii. So, before you today the Planning Director is recommending that the Joint Planning Commission approve the proposed Planning Commission Rule 8 and 9 amendments. And just as an FYI the next steps include. So, for the Planning Commission Rule 8 and 9. Should the Commission adopt the rules as recommended by the Planning Director, the rules can be transmitted to the mayor for review. Once the Mayor has signed the rules, the rules will be filed with the County Clerk's office and the rules will then become effective 10 days after they are filed with the County Clerk's office. The Commission can also make motions to amend the rules in specific sections as they please. For the Planning Department Rule 11. The Planning Director will incorporate the feedback from the Planning Commissions. The Planning Director will hold a community meeting to present Rule 11 and get public feedback once a final draft of Rule 11 is completed, Rule 11 will then transmit to the mayor's office for review. Once the Mayor has signed the rules, the rules will be filed with the County Clerk's office and the rules will again be effective 10 days after they are filed with the County Clerk's office. So, that concludes my presentation, and I can turn it back to Chair DeFranco. DEFRANCO: Thank you so much Tracie. I'm just going to ask the Commissioners, can we put them back up so we can see them. If they have any questions for the staff and this isn't, we're going to hold off on discussion until we have our motion made. But these are for direct questions that you may have to clarify. So, is there, yes. LIN: Chair DeFranco. A question for either Tracie or the Planning Director regarding that one provision where there doesn't need to be a hearing or notice. I have a little bit of concern just based off of, what if a neighbor is doing something and they don't notify anybody, and it does have an impact to their neighboring property. And there's no hearing or any notice to anybody else in the area. Just if you could comment on that. I forget which slide it was, I'm sorry Tracie. I believe it was towards the beginning or maybe in the middle. JACKSON: Hi, Vice Chair Lin this is Maija Jackson. I can go ahead and respond to that. So, the waiver of a public hearing for issuance of a shoreline setback variance provision and State law. It does actually require that the department send notice to a surrounding property owners as well as a public notice and so that provision still stays. The only difference is that for those four(4) types of activities or uses the Director can make the decision should the Commission choose to delegate that authority to the Director and if they do the hearing is waived but the Director still has to make like a findings. Decision and findings and the decision has to be based on the same criteria that the Planning Commission uses for issuing a shoreline setback variance. Did that answer your question? LIN: Yes. Thank you Maija. 5 EXHIBIT B (DRAFT)