2018-2-21 Revision Summary for Steering Committee Review

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Revision Rationale: This policy was revised extensively based on comments from the Planning Division, Administrative Permits division, input received from the public, and further analysis on the building setbacks for steep slopes and cliffs. One main revision was to use both the authority of the shoreline setback combined with the authority of the zoning code to establish building setbacks for safety and environmental reasons (in this case for coastal and also for inland cliffs in the new Policy 39). The original policy was noted not to address: 1. Cases where the minimum shoreline setback did not reach the top of the cliff/pali; 2. The inclusion of the 'top of pati' language was tied to (original) Policy 22, but both policies were mutually dependent on each other for full implementation and so they were combined into Policy 18. Note: this policy provides recommendations for code and Planning Department rule amendments and requires follow-up actions; it does not provide a new shoreline setback in effect upon the adoption of the CDP. Original Policy 20: this policy related to prohibiting cesspools in the SMA; this policy was deleted because the Dept. of Health issued new rules essentially banning the construction of new cesspools in 2016, and passed Act 125 in 2017, which requires the replacement of all cesspools by 2050. Policy 22: When considering applications to consolidate and resubdivide pre-existing lots of record, the Director of Planning 4+G4should endeavor to keep the lot sizes consistent with the minimum lot size, and only permit lots less than one acre in the State Land Use Agriculture District and the County of Hawaii Agricultural District if the applicant clearly demonstrates that an unreasonable economic hardship cannot otherwise be prevented or land utilization is improved relative to the objectives and policies of the CDP. (HRS 205-5(b); (GP 14.2.3(s)). Revision Rationale: This policy was edited to remove the legal mandate language of "shall" when the verb used is to "endeavor" to keep the lot sizes consistent. This policy was not intended to be an absolute mandate as is evident by the language relating to allowing for "unreasonable economic hardship," etc. Policy 34: In the Hamakua CDP Planning Area, applications for Use Permits for wind energy facilities and telecommunications antennasLtowers shall include viewshed and, as appropriate, line -of -sight analysis to demonstrate how the request does not cause substantial, adverse impact to the community's character, including open space, public views, and areas of natural and scenic beauty, and propose conditions to mitigate scenic impacts. (HCC 25-2-60 & 64) Hamakua CDP: Recommended CDP Revision Summary February 2018