2017-3-15 Land Use Policy Guide FINAL COMPLETE 06.07.2018

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5.1 Preferred Settlement Patterns Policy 13: Develop incentives for Cluster Plan Developments that leave natural, open space buffer areas along the shoreline, streams, and gulches, or adjacent to forest, conservation areas, or other culturally/environmentally sensitive areas. See corresponding Policy 8. 5.2 Coastal Resources & the Special Management Area MMI Amend and/or create County Codes and Planning Department Rules to develop shoreline and building setbacks to address environmental, health, and safety priorities. ■ Develop objective guidelines for determining and defining the "top of cliff" (HRS 205A-1, and HAR Section 13-222-2, Planning Department Rule 11) and add references to "top of cliff" to Criteria for Shoreline Setback Variances in Planning Commission Rule 8. For setbacks on parcels with sea cliffs over 40' in elevation, the following setbacks are recommended: a) In addition to the minimum shoreline setback established by Planning Dept. Rule 11, the building setback should include a lateral safety buffer distance of 40' from the minimum shoreline setback', plus the distance equal to the average elevation of the cliff within the subject parcel, or, b) In addition to the minimum shoreline setback established by Planning Dept. Rule 11, the building setback should include a lateral safety buffer distance equal to the anticipated 100 years of erosion as determined by a coastal erosion study. This study, including a cliff stability analysis and/or a geological analysis, shall be conducted by a licensed civil engineer. This policy shall only apply to properties that are located within the Special Management Area and abutting the shoreline. For lots with sea cliffs over 40' with an average lot depth of two hundred feet or less, the shoreline setback line shall be determined by Planning Department Rule 11. The County of Hawai'i's current working definition of "top of cliff" is as follows: The "top of the pali" (top edge of the sea cliff) is defined to be the highest elevation along the seaward boundary of a property where the relative change in the slope of the terrain towards the sea is in excess of twice the general slope towards the sea of the terrain along this highest elevation and that the terrain: (1) has a general slope seaward of not more than 10%; (2) is reasonably safe for pedestrian access to and along its length; and (3) does not show evidence of being periodically exposed to natural elements, including, but not limited to, high surf, wind and rain, to the extent that the ground is essentially devoid of naturally occurring vegetation. See also Policy 19, Policy 20, and Policy 39 related to inland cliffs. 1 Note: In situations where the minimum shoreline setback established by Planning Dept. Rule 11 would not reach the top of a sea cliff, the building setback should be a lateral setback distance of 40' from the top of cliff, plus the distance equal to the average elevation of the cliff within the subject parcel. Hamakua CDP Land Use Planner's Guide 13