HomeMy WebLinkAboutCOM 0704.017 1998-2000 CARLSMITH BALL
A PARTNERSHIP INCLUDING LAW CORPORATIONS
l21 Waianuenue Avenue Hilo, Hawaii 96721-0686 Phone: (808) 935-6644 Fax: (808) 935-7975 . ~
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Memorandum To: Bobby Jean Leithead-Todd ~ .
Chair, Planning Committee J -
County Council, County of Hawaii
From: Steven S. C. Lim E~
Date: May 2, 2000
subject: Resolution No. 229-00 (Comm. 704)
`Aina Le`a (Bridge Puako, LLCI
Authorization of Time Share Use Pursuant to Statute
(H.R.S. ~514E)_and Ordinance (H.C.C. § 25-5-32fa~191lC)
This memorandum addresses the following issue: Does Chapter 343 of the
Hawaii Revised Statutes ("HRS") apply to the Hawaii County Council's
authorization, of time share units within the `Aina Le`a project by Resolution
229-00? As discussed below, the answer to this question is "No."
Chapter 343 of the Hawaii Revised Statues governs Environmental Impact
Statements. Section § 343-2 defines "Agency" as "any department, office, board, or
commission of the state or county government which is a part of the executive branch of
that government" (emphasis added). The County Council is not a part of the executive
branch of the County government. Section 3-1 of the County Charter for the County of
Hawaii provides that the County Council is part of the legislative branch of the County
government. Moreover, the County Council is not included in Chapter 2 of the Hawaii
County Code, which sets forth the plan of administrative organization under the
executive branch of the County government.
Based on the foregoing, Chapter 343 of the Hawaii Revised Statutes does
not apply to the Hawaii County Council's authorization, by resolution, of time share uses
within the Multiple-Family Residential (RM) zoned areas of the `Aina Le'a project, as
allowed under Section 25-5-32(a)(19) of the Hawaii County Zoning Code.
<:arrm. iJoo T' ~ ~ ~
File ~Io. Fl -
2012226.1.052736-1 ~{e~„ `~'o;,_ Pp.
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MAY 0 2 2000
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