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1/28/24,3:08 PM Save Sunset Beach Coalition v.City and County of Honolulu,78 P.3d 1 -Haw:Supreme Court 2003-Google Scholar
<br /> (d)State of Hawaii land evaluation and site assessment.The commission shall formulate the State of Hawai'i land evaluation and site assessment system in identifying agricultural lands of importance to the State of Hawaii.
<br /> In the formulation of the system,the commission shall take into consideration existing data provided by previous studies done under the Land Study Bureau and appropriate attributes of the Land Study Bureau's Detailed
<br /> Land Classification system and the Agricultural Lands of Importance to the State of Hawaii system....
<br /> `221 Although we observe that Article XVI,section 16 states that:"The provisions of this constitution shall be self-executing to the fullest extent that their respective natures permit r,]"(emphasis added),we believe that the
<br /> clear reference to further legislative action dictates that section 3 is not self-executing.
<br /> `231 There is some dispute over the exact amount of land designated on Obayashi's property as"important"under the ALISH system.This fact is immaterial to the resolution of the issue,however,inasmuch as we conclude
<br /> that the ALISH system was not incorporated into Article XI,section 3.See infra.Accordingly,we do not need to reach the question of whether finding number 50,relating to the amount of land designated as"important"
<br /> under the ALISH system,is in error.See supra note 19.
<br /> [24]Amendment No.9 amended section 6 of Cam.R No.17,RD.1,to read as stated above.
<br /> r251 The City contends that drafters intentionally omitted the use of ALISH terminology as the basis for determining"important agricultural lands."The City refers to testimony of several members of the constitutional
<br /> convention as evidence that the ALISH-like original language was intentionally omitted.For example,during debates on the proposed amendment Delegate Harris stated that:
<br /> As one whose strong platform is the preservation of agricultural land,I can honestly tell you that I would perhaps prefer something much stronger but I beliefthis is a reasonable compromise.This I think addresses the
<br /> problem,while at the same time not being overly restrictive.I urge this delegation to unanimously support this very important proposal.
<br /> Proceedings of the Constitutional Convention of Hawaii of 1978,Volume 1,Journal and Documents,at 441(1980)(hereinafter Proceedings)(emphasis added).Similarly,Delegate Hornick submitted written testimony to the
<br /> fallowing:
<br /> Cam.P.No.17 attempted to deal with these problems by identifying the best agricultural lands and imposing a heavy requirement for their reclassification-two-thirds vote of the legislature.However,several concerns have
<br /> since been raised-to the effect that this requirement is too burdensome and a compromise is needed,that will reemphasize the need for preserving our agricultural lands and increase LUC accountability while still allowing
<br /> for the weighing of other social needs.
<br /> This amendment fits those criteria.It combines the original strong policy statement with a mechanism by which the community can require more LUC compliance with the intent of the land use law,by requiring two-thirds
<br /> vote of the LUC for reclassification and the city or county council for rezoning.
<br /> I personally prefer stronger protection for the best agricultural lands,but I do feel that this amendment is a workable compromise and a positive step in the right direction.I urge its adoption.
<br /> Proceedings,supra,at 443(emphasis added).Thus the City argues that"the only material pertinent to the deletion of ALISH as the touchstone[to the amendment]appears to be that its use as such would be too
<br /> burdensome,and that the'identification'needed to achieve the Convention's purpose should be preceded by the adoption of standards and criteria adopted by the Legislature."(Emphasis in original.)
<br /> `261 Finding number 61 stated:
<br /> Although the guidelines were factors the City was required to consider in determining whether to rezone the 765 acres to County,ROH§21-5.30 did not require that all four of the guidelines must be met,or preclude
<br /> Country zoning for lands that satisfy less than four of the guidelines.
<br /> See supra note 16.
<br /> [27]HRS§205-4.5(a)(4)(2001)defines"farm dwelling"as"a single-family dwelling located on and used in connection with a farm,including clusters of single-family farm dwellings permitted within agricultural parks
<br /> developed by the State,or where agricultural activity provides income to the family occupying the dwelling[.]"
<br /> [ZW HRS§46-4 provides that:
<br /> Zoning in all counties shall be accomplished within the framework of a long range,comprehensive general plan prepared or being prepared to guide the overall future development of the county.Zoning shall be one of the
<br /> tools available to the county to put the general plan into effect in an orderly manner....In establishing or regulating the districts,full consideration shall be given to all available data as to soil classification and physical use
<br /> capabilities of the land so as to allow and encourage the most beneficial use of the land consonant with goad zoning practices.The zoning power granted herein shall be exercised by ordinance which may relate to:
<br /> (1)The areas within which agriculture,forestry,industry,trade,and business may be conducted.
<br /> (2)The areas in which residential uses may be regulated or prohibited.
<br /> (4)The areas in which particular uses may be subjected to special restrictions.
<br /> (5)The location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered.
<br /> (12)Other such regulations as may be deemed by the boards or city council as necessary and proper to permit and encourage orderly development of land resources within theirjurisdictions.
<br /> The powers granted herein shall be liberally construed in favor of the county exercising them,and in such a manner as to promote the orderly development of each county ai city and county in accord with a long range,
<br /> comprehensive,general plan,and to insure the greatest benefit for the State as a whole.
<br /> (Emphases added.).
<br /> [29]HRS§205-6 provides that:
<br /> The county planning commission may permit certain unusual and reasonable uses within agricultural and rural districts other than those far which the district is classified.Any person who desires to use the person's land
<br /> within an agricultural or rural district other than for an agricultural or rural use,as the case may be,may petition the planning commission of the county within which the person's land is located for permission to use the
<br /> person's land in the manner desired.
<br /> [30]Among other things,Plaintiffs alleged in Count VI that"[t]he stated purpose of'Country'zoning to provide for low density residential uses is inconsistent with the permissible uses and purposes of the State-designated
<br /> 'Agricultural'district."
<br /> [31]HRS§46-1.5 states,in pertinent part:
<br /> Subject to general law,each county shall have the following powers and shall be subject to the following liabilities and limitations:
<br /> (13)Each county shall have the power to enact ordinances deemed necessary to protect health,life,and property,and to preserve the order and security of the county and its inhabitants on any subject or matter not
<br /> inconsistent with,amending to defeat,the intent ofanystate statute,provided also that the statute does not disclose an express or implied intent that the statute shall be exclusive or uniform throughout the State.
<br /> (Emphasis added.).
<br /> [32]The term"districts"is defined in supra note 1.
<br /> `331 Article Vill,section 6 states"This article shall not limit the power of the legislature to enact laws of statewide concern."
<br /> [34]HRS§50-15 states:
<br /> Notwithstanding the provisions of this chapter,there is expressly reserved to the state legislature the power to enact all laws of general application throughout the State on matters of concern and interest and laws relating to
<br /> the fiscal powers of the counties,and neither a charter nor ordinances adopted under a charter shall be in conflict therewith.
<br /> (Emphasis added.).
<br /> [35]HRS§205-8,which permits any"lawful use of land or buildings existing on the date of establishment of any interim agricultural district and rural district in final form[,]"is not relevant here.
<br /> [36]Obayashi argues that the specific plans of the Lihi Lani project fall under the definition of a"farm dwelling."However,the court held that this issue was premature as Obayashi has yet to submit a formal development
<br /> plan or request a final agency action on the proposed development.Plaintiffs have not appealed this determination and thus we do not reach Obayashi's contentions.
<br /> https://scholar.google.com/scholar_case?case=3834089830730945441&q=regulates+permissible+land+uses&hl=en&as_sdt=4,12 10/11
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