2017-10-30 Hearing Transcript - Amendments to PC Rule 9 (Joint Meeting)

Home

HENKEL: —Jeff, excuse me. Let's let the Leeward guys get in position to see your presentation and then just give them a minute, please. DARROW: I just want to say thank you for your patience. This is, this is a test case to see if we can actually be able to do this Joint Commission in the different Council Chambers. So, thank you for your patience as we try to resolve the issues. We're learning of a number of issues that we're going to have to try to address. One of them obviously being the PowerPoint as well as being able to effectively get communication back and forth of submittals that come in on the different sides. So, as we go through this process, we'll see if this works or if we're going to have to just meet together in one location. Thank you. They all good? Okay. I'll begin the presentation again. This is review and action of our proposed amendments to Planning Commission Rule 9 regarding the Special Management Area. The proposed amendments to Planning Commission Rule 9 include changes made by Act 153, which amended Chapter 176 and Chapter 205A in the Hawaii Revised Statutes, regarding the Special Management Area. The proposed amendments to Rule 9 relating to Act 153 seek to number one, exempt the State Department of Boating and Ocean Recreational [sic] from any SMA permit. Number two, to amend the definition of single-family dwelling as an exempt class of action. And, number three, increase the valuation of improvements that could be considered for an SMA Minor Permit versus requiring an SMA Use Permit. Additional changes we'll be looking at that are proposed to Rule 9 include the following. Addition, added language for retroactive approvals and determinations. Add clarification to the authority section. Amend the SMA assessment section to include a filing fee for the SMA assessment application. A standard review and acceptance time as well as add additional time to act on the assessment application, and amend the short form assessment application section. Lastly, there is a proposal to amend the SMA Use Permit section that currentlyoh, including the assessment section—that currently allows the Planning Director to waive the submittal of a shoreline survey for a SMA Use Permit application and assessment application when the parcel abuts the shoreline. I'd like to just interject here. In preparation of the rules, there are times that we miss a particular section that we're trying to amend. Normally, there are several areas in a section in the rule that we try to amend at the same time. One of the sections that we miss through this was under the assessment application regarding this waiver. It would be the identical language that we're requesting in the SMA Use Permit section, and we'll address that as we get to it. The proposed amendments to Planning Commission Rule 9 resulting from changes made by Act 153, which amended Chapter 205A-22, HRS, by defining that "development" does not include the following. Construction or reconstruction of a single-family residence that is less than seven hundred [sic] seven thousand five hundred square feet of floor area and is [sic -is not] EXHIBIT A 21