2018-04-12 Hearing Transcript DRAFT- Hamakua CDP DRAFT NOTATION

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implementation. This is all followed by several exhibits, the first one being the most important, being the Hdmdkua CDP. The second exhibit is the rationale that goes with that CDP, so as you're reviewing and you have questions about why a policy says a certain thing, you can turn to that Exhibit 2 and read the rationale that was used to create that policy. So, it just provides that clarification for you. Exhibit 3 is the revision comment summary, and so this goes over those agency comments that came in and what those revisions, what those revisions specifically were that came from those. And, the remaining exhibits are all of the comment that came in during that time. The next step in the process is adoption, and in order to get there, we have the Windward Planning Commission review and recommendations tonight, also on May 3rd, and then County Council review and decision-making. I am available if you folks have any questions. CLARKSON: Any questions, Commissioners, for Bethany? I still, even after going through this with the Ka`u CDP, am still a little bit confused about the relationship between a community plan or even the General Plan and what is mandated, how the plans relate to the County Code, the Zoning ordinances, whether this has the effect of law, or whether it's advisory to the Council on legal matters. MORRISON: I can speak in general terms without being specific, but there are some things. The General Plan is our overarching plan for our island, and the Zoning Code is to be consistent with our General Plan as are the other codes and rules. That's really the umbrella plan, and so it can set forth mandates. It can set forth actions and do different things. The community development plans are part of that General Plan, and they can provide for the community's specific needs in that. And, so throughout the CDP, you will find policies that might have the word "shall" in them, and there's two distinctions to be made through those. One of those "shalls" limits decisions that can be made. So, it might sayI'm trying to think of the specific, Policy 2, I think is very specific—and it says in this case the decision shall be this, and it's very clear, and that would be a mandate if approved by the Council. And, then there are others that require additional criteria to be made, and those also say "shall" but they refer to information to be provided and not the decision to be made. And, I can find a policy for you that relates to that. Give me just one second. So, those ones would require as an example a viewplane analysis for a change of zone. That doesn't specify what the decision is on that change of zone but does specify the criteria needed in order to make that decision. So, those are the two kind of most unusual. The rest of the policies are really about guiding future actions in the community planning area. CLARKSON: Thank you. Any further questions? RAFFIPIY: I have a question. During the process of drafting the CDP, were there any proposed, any proposal that coming from the community or the Steering Committee that, you know, that they feel that it needs to be, need to be there, but they just cannot put it in there because of ordinance or because of existing laws that forbid them from putting it in? I mean, some kind of proposal EXHIBIT A 7