Kamehameha Schools Comments on Draft HCDP

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Mr. Duane Kanuha Re: Comments from Kamehameha Schools to Draft HCDP (Jan. 2016) June 15, 2016 Page 3 of 7 Draft HCDP, in light of prior practice, will create uncertainty over the legal rights of private landowners and the valid exercise of County powers over land use decisions and regulations. To the extent that the Draft HCDP recommends regulatory actions, KS seeks the Steering Committees confirmation that the Draft HCDP will not be enforced in lieu of validly enacted or amended statutes or county codes. 1.3. Clarification to Force and Effect of "Accessory" Documents A related issue is the function of the Draft HCDP's "accessory" documents, which KS understands will be considered part of the Draft HCDP once adopted. Any accessory documents, like the Draft HCDP, similarly should not be used or enforced in place of validly enacted or amended statutes or county codes. To avoid any doubt, KS requests that there be inserted in the Draft HCDP, Rationale Document, and all accessory documents a clear and conspicuous statement that any such documents were not adopted, and have no force or effect, as validly enacted law rule or regulation. 1.4. Clearly Define K6kua Actions Section 1.8.3 of the Draft HCDP defines K6kua Actions as being "not the responsibility of the County but are other governmental (Federal or State), or nongovernmental organizations' responsibility". The definition of K6kua Actions strongly implies that nongovernmental organizations have agreed, are committed, or are somehow responsible for undertaking a K6kua Action. However, KS understands any such actions to be aspirational, and completely within the discretion of any nongovernmental organization to take or refrain from taking. To avoid any confusion and eliminate any doubt, KS recommends revising the definition of K6kua Actions in Section 1.8.3 to affirm that all K6kua Actions are merely proposed by the County, that they are non-binding, are aspirational only, and are not endorsed by the nongovernmental organizations referenced. This will clarify for audiences reading the Draft HCDP that K6kua Actions are not binding requirements or promises of any nongovernmental organization to provide public uses or benefits under the Draft HDCP, but rather examples of proposed collaborations that the County may pursue. 2. Section 4.8.4 County Actions (p. 68); Policy 50 Policy 50 provides that: Where possible through permit conditions, easements, or acquisitions, the County of Hawaii shall establish: public