2011-11-17 Leeward Exh B - PC Rule No. 9

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LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT NOVEMBER 17, 2011 PLANNING DIRECTOR INITIATED AMENDMENTS A regularly advertised hearing on the TO PLANNING COMMISSION RULE NO. 9 REGARDING THE SPECIAL MANAGEMENT AREA was called to order at 10:53 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawai‘i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Brandi Beaudet, Lani Bowman, Thomas Hickcox, Wayne Iokepa and Thomas Whittemore ABSENT AND EXCUSED: Richard Nelson ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner) and Noriko Sauer (Commission Secretary) And one person from the public in attendance. INITIATOR - PLANNING DIRECTOR Amendments to Planning Commission Rule No. 9 regarding the Special Management Area (SMA) to conform with Act 153, which amended Chapter 205A, Hawai‘i Revised Statutes regarding Special Management Area. The proposed amendments to Rule No. 9 seek to exempt the State Division of Boating and Ocean from any SMA permit, amend the definition of single family dwelling as an exempt class of action, and increase the valuation of improvements that could be considered exempt from the SMA requirements. GIFFIN: Commissioners, I’d like to draw your attention to Agenda Item No. 6. And this has been initiated by the Planning Director for amendments to our Planning Commission Rule No. 9 regarding Special Management Are, SMA, to conform with Act 153, which amended Chapter 205A, the Hawai‘i Revised Statutes regarding Special Management Areas. And for further expansion, Daryn? ARAI: Thank you, Madam Chairwoman. In June of this year, the Legislature enacted Act 153, which amended the State’s Coastal Zone Management Law, Chapter 205A, Hawai‘i Revised Statutes. The purpose of the Act was to expedite and facilitate work on projects that may have been stalled due to delays relating to SMA permitting requirements. And I guess I should clarify that it was not due to delays by the Planning Commission. Now, the Bill, there are basically four substantive portions of the Bill, or changes to the Bill, as it affected Chapter 205A. One of them is it provided a definition to the size of a single-family dwelling that could be considered exempt or applicable to the issuance of an SMA Minor Permit versus an SMA Major Permit, which would then come before you as the Planning Commission, and that amount is 7,500-square foot floor area. Previously there was no limit; as long as it’s a single- family dwelling, it could be considered for a Minor Permit or could be considered exempt. So 1 EXHIBIT B