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

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PAISHON-DUARTE: Yes, thank you. JACKSON: Okay and Chair if I may speak to some of the testimony that was received. LIN: Yes, go ahead Maija. JACKSON: So, one of the common concerns was the change from a 20 foot to a 40-foot setback and the testifiers felt that the 40-foot setback wasn't sufficient. The change was made to enact Act 16 and just to bring our rules in alignment with the State Law. So, now the new minimum is 40 foot. The Planning Director has the authority to set a greater setback on a project-by-project basis. So, that evaluation is done based on the property, based on what information we have on erosion rates for that particular property and there are times when the Director does set a larger setback. Those often don't come before the Commission because they're done for homes that are under half a million dollars in valuation. So, a minor permit is issued so that's why the Commission doesn't typically see those. We do, the Department started a shoreline setback project I think about 2 years ago and they're working with a consultant, another stakeholders to determine an erosion rate for our County for the various geological typologies around the island because we are unique. We're very different in our geology from Maui and Kauai and Oahu. That study is ongoing and once that is completed Rule 11, which is our Shoreline Setback rule will be amended again to incorporate any new setbacks which we anticipate will probably be increased in some areas and may stay the same in others. But the minimum for the entire State is now 40 feet. LIN: Thank you Maija. Any questions for staff? Commissioner Duarte. PAISHON-DUARTE: Thank you, thank you. Just one final question to staff. Of all the testimonies received, I tried my very best to read every single one of them, but I was not tracking. About what percentage, estimated percentage are, I saw the vast majority by my review that are opposing the amendments to Rule 8 and 9. Do you know, are there any written testimony that came in support or in favor of the proposed amendments? I'm just trying to understand the percentage of opposition as opposed to support. JACKSON: I believe Ms. Harden's testimony supported some components and opposed others and that would be the only one that we are aware of that is somewhat support of the rule changes. PAISHON-DUARTE: Thank you. LIN: Any other Commissioners? Okay, for Maija. So,based on what you've shared with us there's a report pending that's looking at here on Hawai`i Island specific areas may or may not need increases or changes in their shoreline setback area. So, for like, some of the testimony today regarding like Ali`i Drive, that maybe like a whoa we got to increase it or if we're in Puna area where there's all cliffs, maybe more adjustments because there is no basic like shoreline. But is that what you're, basically the idea of what that study is talking about? 5 EXHIBIT B (DRAFT)