2023-06-02 DRAFT Joint Meeting Exh B (Proposed Amendments to PC Rules 8 & 9)

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looking at towards exempting some of those native Hawaiian cultural practices from SMA review. CAMERO: Thank you Maija. So, on your screen you have the proposed amendments to the Planning Commission Rule No. 8 resulting from the Joint Planning Commission meeting. Planning Commission Rule 8-10 (a)(3) the waiver of the public hearing and action. On your screen before you we are proposing to remove the provision that will now require all other structures or activities other than structures and activities listed in the Planning Department Rule 11-7 will now need to go before the Planning Commission at a public hearing in order to secure a shoreline setback variance. The next amendment that we're proposing to the Planning Commission Rule 8 is the criteria for the approval of a variance located within Planning Commission Rule 8-11. In which we are removing the word"sand". This provision was made to address the concerns raised by the Joint Planning Commission to remove the word"sand" from beaches under Rule 8-11 (d)(2)the criteria for approval of a variance under the hardship standard. And lastly, the Planning Director is proposing the amendments to Planning Commission Rule 9-11 (b)(4) which is the archeological resources. Which reads (A) an archaeological inventory report or assessment prepared by a licensed archaeologist containing significant assessments, effect determinations, and proposed mitigation commitments. The report shall be completed pursuant to the Department of Land and Natural Resources— State Historic Preservation Division (DLNR- SHPD) rules. (B) A prior `no-effect' letter from the DLNR-SHPD for the subject property or(C) a letter and location map for the Planning Department to submit to DLNR-SHPD claiming no significant historic sites are likely to be present. The letter must present supportive evidence documenting the proposed land altering activities (including the affected area and depth of disturbance) and documenting the likely nature and depth of the historic properties that may have once existed in the area. These are what are being proposed. The bracketed and strikethrough is what we are proposing to remove. And lastly the Planning Director recommends that the Joint Planning Commission approve the proposed amendments to the Planning Commission Rule 8 and 9 and again,just to go over the next steps. I know this was discussed last April, but I kind of want to go over it one more time. So, the Planning Commission Rule 8 and 9 the Commission can either adopt the rules as recommended by the Planning Director, the Commission can make motions to amend the rules. Once the rules are adopted, the rules will 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 rules will become effective 10 days after they filed with the County Clerk's Office. As for the Planning Department Rule 11, the Planning Director will incorporate the feedback from the Planning Commission. The Planning Director will hold a community meeting to present Rule 11 and get additional public feedback and then Rule 11 will then transmitted 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 then the rules will become effective 10 days after they are filed with the County Clerk's Office. And that concludes my presentation. The chair is yours. 3 EXHIBIT B (DRAFT)