2018-04-12 Hearing Transcript - Hamakua CDP

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After reviewing the comments, the CDP Planning team and the Planning Director saw that there additional opportunities for strengthening the CDP and subsequently recommended revisions to the CDP. One of those revisions was that some of the policies said "shall" when they actually, the intent was not that they be mandates, and so for Policy 8 and Policy 22, there was a recommended change to "should" rather than "shall" to provide clarity that those were not mandated. The Planning Director's recommendations also deleted three policies due to clarifications in the State Code, and changes to the State Code that happened along the way of the draft CDP. Some of those were that originally the CDP was prohibiting cesspools in the SMA, and cesspools were later banned by the State Legislature, so that was no longer needed. Clustered rural subdivisions, there was some clarification about the State law and what those required which required a change to the CDP policy for clustered rural subdivisions. And, finally, allowing farmers markets became a permitted use by the State Legislature as well. There was an additional policy that was added by the Planning Director's recommendations that really understood that there was a gap in policy, and it recommended to develop a cliff setback different than what would be a shoreline setback. On February 26, 2018, the CDP Planning team met with the Steering Committee to provide the Planning Director's recommendations and to review and discuss them and get their feedback. There were many community members that also attended that meeting and also were able to provide their feedback. The Steering Committee heard testimony from members of the public there, and like I mentioned, they had the opportunity to ask questions and provide feedback. Here are some of the issues that they discussed. Specifically, Policy 1 talking about the symbolized mapping. Policy 4 looking at what changes were allowed and the uses. Policy 8 and 22, as I had previously mentioned, those were the changing of "shall" to "should" to be consistent with the intent of the policies. Policy 13 regarding the State Land Use Law. Policy 18 asking for a more specified professionals. Policy 39 regarding the 40 percent slope standard. Policy 78 regarding water availability. And, finally, Policy 108, in which the State and County were not doing enough to preserve viewsheds. Now, these, their discussion is also provided as Exhibit 16 in your packets, Commissioners, if you want to read specifically what the discussion was at this meeting. The Planning Director's recommendation includes revisions which looked at the agency recommendations, organizational improvements, and clarifications including legal language recommended from our Corporation Counsel. And, I just wanted to give you an overview of what is included in the Background and Recommendation in your binders. First, you'll find the recommendation and Background Report which talks about the CDP program, the plan elements, the planning process, and CDP EXHIBIT A 6