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within a single-family dwelling. They are low-impact type facilities that are licensed and regulated by the Department of Health-Office of Health Care Assurance Division for compliance with the Department of Health rules that are applicable for each type of facility. The Planning Director believes that these facilities are accessory to the single-family dwelling and that they provide valuable services to residential communities for disabled persons needing treatment. It is proposed that these group living facilities would be allowed to operate within the State Land Use Urban District with up to eight residents plus live-in staff because they are regulated and licensed or certified by the Department of Health. This would also include facilities that are located within the State Land Use Agricultural District on lots where single- family dwellings are allowed, which are those lots created before June 4, 1976 or on lots created after June 4, 1976, as long as the home is also used as a farm dwelling. The definition of “family” within the County of Hawai`i Zoning Code is presently defined as “an individual of two or more persons related by blood, state-sanctioned adoption, foster parentage, guardianship or marriage, or a group of not more than five unrelated persons (excluding servants), occupying a dwelling unit.” The term includes individuals in larger group living situations described as group living facilities and family child care homes. The Planning Director is proposing to add the phrase, “and a group of not more than eight unrelated persons, plus any program staff, living in a facility licensed or certified by the Department of Health” to achieve the purpose of the amendment. Besides Hawai`i County, other counties have adopted similar language to their definition of “family” addressing group living or residential facilities licensed by the State, including the City and County of Honolulu and Maui County. There may be legal problems if Hawai`i County does not do something to make it easier to establish group homes. The Federal Fair Housing Law prohibits discrimination against people with disabilities. Most of these group homes serve people with disabilities and the courts have ruled that such people have special need for group homes. Local governments must make reasonable accommodations so that such group homes can be established. A limit such as the five unrelated persons rule in the current Hawai`i County Zoning Code can be struck down by the court if the court finds that it has the effect of limiting group homes and that increasing the number of persons allowed would be a reasonable accommodation. For reasons presented above, the Planning Director is initiating his amendment to the Zoning Code and recommends approval of the change by the Planning Commission and the Hawai`i County Council. Are there any questions? ALAMEDA:Any questions for Mr. Darrow? Also, I’d like to acknowledge to my immediate right, Mr. Kurokawa, who’s our Deputy Director. He’ll be sitting in for Chris today, Chris Yuen. Any questions for Mr. Darrow? Seeing none, we can go right into testimony then? I was wondering, staff, could we have another chair so I could call five up together at once? Okay. We have a Dan Landis, Hiroshi Kozohara, Bernie Miranda, Eric Carter and Billy Kenoi. Please come forward. Good morning, thanks for coming. Could I swear you all in at the same time. Please raise your right hand. Do you swear or affirm to tell the truth now before the Hawai`i County Planning Commission? TESTIFIERS:Yes. EXHIBIT D 3