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REPORT OF THE <br /> COMMITTEE ON PLANNING <br /> DATE: February 2, 2021 Re: Comm. No. 17/Bill No. 5 <br /> PLACE: Council Chambers <br /> Hilo, Hawaii <br /> TIME: 3:03 p.m. <br /> Council Chair and Members <br /> Hawaii County Council <br /> Hilo, Hawaii 96720 <br /> Your Committee on Planning, to which was referred Bill No. 5, reports as follows: <br /> Bill 5, introduced by Committee Chair Ashley L. Kierkiewicz by request, amends Chapter 25, <br /> Article 2, Division 6, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to use <br /> permits. The bill was put before your Committee and postponed on January 5th and 19th, 2021. <br /> The Windward and Leeward Planning Commissions forward favorable recommendations for this <br /> amendment to the Zoning Code which would amend the applicable planning commission's time to <br /> approve or deny an application for a Use Permit, and also clarify certain procedural matters. <br /> Planning Director Zendo Kern and Deputy Director Jeff Darrow were present in the Hilo Chambers to <br /> provide clarification on the intent and purpose of Bill 5. Mr. Darrow said Bill 5 is intended to simplify <br /> the permitting process by lengthening the time to make a decision after the Planning Commission closes <br /> public hearings and allowing the Planning Director to write a letter stating a permit is revoked rather <br /> than agendizing the matter at Planning Commission and holding a hearing on revoking the permit. <br /> Committee Member Sue Lee Loy noted that Chapter 25 of the Hawaii County Code needs a <br /> comprehensive audit and that Bill 5 is another "band-aid" solution. She expressed that she will still vote <br /> in favor of Bill 5 for this particular matter. <br /> Mr. Kern and Mr. Darrow both agreed that Chapter 25 needs updating; however, they must wait for the <br /> General Plan process to finish. <br /> Committee Member Matt Kaneali`i-Kleinfelder sought clarification on whether or not Bill 5 gives the <br /> County the ability to get out of automatic approvals, to which Deputy Director Darrow replied that the <br /> County must pass an ordinance to exempt itself from State Statute that grants automatic approval. He <br /> shared that in his 20-plus years with the Planning Department, he recalled only one instance in which an <br /> automatic approval was done. <br /> Committee Chair Ashley Kierkiewicz noted that the updates in Bill 5 were critical in order for the Code <br /> to be consistent with Planning Commission Rules and Procedures. <br /> PC Report No.: 8 <br />