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

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Why don't we continue on? Continued amendments, Rule 9-9. This is the section that we've added to clarify the authority that has been given to the Planning Director from the Planning Commission. Now, unfortunately, it appears that some people are thinking that we've added, we've added additional authority in this section. What we were trying to do was just put a clarifying paragraph of what the Planning Director and Planning Department currently have as the authority from the Planning Commission. There was talk about in some of the submittals about the Planning Department shouldn't be able to add conditions on exemptions. This portion has been in our rule for quite some time. It's under Rule 9-10, Sections (g) and (i). So, it's not something new. Again, we were just clarifying some of the authority. JACKSON: If I can just add to that. Jeff, before you read the section that we're proposing to add to clarify the Department's authority, I'd like to read what your current, the current rule states as far as the delegation of authority to the Department. The current rule reads under [Rule] 9-9, Authority of the Department in the SMA, "All development within the SMA shall be administered through the Department under this rule pursuant to [the] objectives and policies and the SMA guidelines as provided by Chapter 205A." So, that's the current language in your rule, and you can see it's very broad, very general. It says the Department shall administer all development within the SMA. So, what this new section is doing is we're trying to be more specific about what authority is delegated to the Department, what permits, what actions, and what authority the Commission is keeping because right now, the current language in Rule 9-9 is very broad. DARROW: Thank you, Maija. This provision, this is probably reiterating what you just said, but I'll read it. This provision further clarifies the authority delegated by the Planning Commission to the Department/Director to administer the objectives and policies and the Special Management Area guidelines as provided by [Chapter] 205A, HRS. This addition gives clarity in the rule that the Department/Director will process SMA assessments, make determinations as to whether a request is exempt from requiring a SMA permit or to issue a SMA Minor Permit, to issue a SMA emergency permit, and to administer, interpret, and enforce the terms, scope, and conditions of a SMA Use Permit that has been, that has been issued by the Planning Commission. So, these are permits that have already been issued by the Planning Commission through a major use process. Continuing on. Rule 9-10(b) Assessments, Review and Acceptance. For purposesI'm sorry for proposed uses, activities, or operations that are subject to an assessment, the applicant shall submit to the Department a Special Management Area Assessment, SMAA, on a form prepared by the Department. The review and acceptance of the assessment application shall follow the procedures pursuant to Section 25-2-3, review and acceptance of applications, in Chapter 25, Hawaii County Code. This provision will bring the review and acceptance of an SMA assessment application in line with the current practice that is done for permits submitted to the Planning Director as required within the Zoning Code. The application will be reviewed, and if complete, the acceptance date will be the date of the submittal. If accepted as complete, the assigned planner will complete the review of assessment and provide a response within the allotted time. If the application is EXHIBIT A 31