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Home My WebLink AboutREP PCPLUED 004 2025-05-20 2024-2026REPORT OF THE POLICY COMMITTEE ON PLANNING, LAND USE, AND DEVELOPMENT DATE: May 20, 2025 PLACE: Council Chambers Hilo, Hawaii TIME: 10:59 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 110/Bill No. 24 Your Policy Committee on Planning, Land Use, and Development, to which was referred Bill No. 24, reports as follows: Bill No. 24, transmitted by Managing Director William V. Brilhante, Jr., via Communication No. 110, dated January 2, 2025, amends Chapter 25, Articles 1, 2, 4, 5, and 7, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to telecommunication antennas and towers. The bill, by request of the Planning Department, seeks to remove the requirement for a use permit to establish telecommunication antennas and towers in certain zoning districts, add application requirements, and amend standards for the establishment of telecommunication and towers. On January 2, 2024, Managing Director William V. Brilhante, Jr., via Communication No. 110, forwarded a favorable recommendation to the Council from the Windward Planning Commission as recommended by the Planning Director; and forwarded a favorable recommendation to the Council from the Leeward Commission as recommended by the Planning Director. Both Commissions provided a newly revised bill, respectively, as Exhibit 2B in the record to address legislative format drafting errors and spelling, grammar and formatting errors. Planning, Land Use, and Economic Development Meeting of February 4, 2025. Planning Director Jeff Darrow and Planner V Tracie-Lee Camero were present in the Hilo Chambers to present the purpose of the bill, which was to be in compliance with State law, and respond to questions. Committee Member Heather Kimball recommended separating definitions of telecommunication towers and antennas, and suggested exploring notification procedures for plan approvals. Committee Member Michelle Galimba expressed interest in incorporating language from Bill 194 (2022-2024) into the current bill. Mr. Darrow addressed confusion on the floor surrounding the simultaneous introduction of both Bill 24 and Bill 194, explaining that while there was collaboration, differences in direction between the introducer and the department led to two separate measures, with the expectation that they would eventually be consolidated. PCPLUED Report No. 4 PCPLUED-4 Page 2 May 20, 2025 Bill 24 was postponed to the Planning, Land Use, and Economic Development Committee meeting of February 18, 2025. Planning, Land Use, and Economic Development Meeting of February 18, 2025. Planning Director Jeff Darrow and Planner V Tracie-Lee Camero were present in the Hilo Chambers. Committee Chair Ashley Kierkiewicz proposed an amendment to clarify definitions and incorporate language from Bill 194, including plan approval details, fire department access, community engagement requirements, landscaping, and design and siting requirements. She also asked Corporation Counsel to advise on the legality of requiring applicants to produce a fire safety plan. Bill No. 24 was amended with the contents of Communication No. 110.6, with eight "ayes" and Committee Member Dennis Onishi absent. Bill No. 24, as amended to Draft 2 was postponed to the Planning, Land Use, and Economic Development Committee meeting of March 6, 2025. Planning, Land Use, and Economic Development Meeting of March 6, 2025. Planning Director Jeff Darrow, Planner V Tracie-Lee Camero, and Deputy Fire Chief Daniel Volpe were present in the Hilo Chambers. At Chair Kierkiewicz's request, Mr. Darrow reiterated the need for the bill to address conflicts between Hawaii County Code and State law. Chief Volpe recommended including references to National Fire Protection Association Standard 76, as well as language on monitoring systems and power redundancy in regeneration. Bill No. 24, Draft 2 was postponed to the Planning, Land Use, and Economic Development Committee meeting of April 1, 2025. Planning, Land Use, and Economic Development Meeting of April 1, 2025. Planning Director Jeff Darrow, Planner V Tracie-Lee Camero, and Deputy Fire Chief Daniel Volpe were present in the Hilo Chambers. Committee Member Jennifer Kagiwada proposed an amendment to expand the provisions on shielding unnecessary lights from neighbors beyond safety beacons required by the FAA (Federal Aviation Administration). Mr. Darrow shared his support for the amendment. Bill No. 24, Draft 2 was amended with the contents of Communication No. 110.17, with nine "ayes." Committee Member Rebecca Villegas proposed an amendment to include small wireless facilities in the definition of telecommunication antenna. Mr. Darrow raised concerns that this could make small facilities subject to the same rules as large towers, such as lot size and setback PCPLUED Report No. 4 PCPLUED-4 Page 3 May 20, 2025 requirements. Ms. Kimball noted the amendment might not be needed, as small wireless facilities may already be covered under the broader definition and that referencing Title 47 may not be appropriate. Chair Kierkiewicz recommended asking Corporation Counsel to review whether the amendment is legally permissible. The proposed amendment via Communication No. 110.18 was withdrawn by Ms. Villegas. Ms. Villegas then proposed an amendment to reinstate the requirement that tower plans withstand 100 mph winds or meet building code standards, whichever is stricter. Mr. Darrow shared his support for the amendment. Bill No. 24, Draft 2 was amended with the contents of Communication No. 110.20, with eight "ayes," and one "no." Ms. Villegas then proposed an amendment to clarify that communities within 500 feet of a proposed installation must be notified by certified mail within five days of application submission. Mr. Darrow expressed hesitation that adding a notification process to plan approvals could create false expectations of public input, since the Planning Director has sole authority to approve the application. The proposed amendment via Communication No. 110.21 was withdrawn by Ms. Villegas. Chair Kierkiewicz proposed an amendment, requested by the Hawaii Fire Department, to clarify compliance with National Fire Protection Association Standards, clarify power redundancy provisions, and remove language on surveillance camera installation, which was not legally permissible. Bill No. 24, Draft 2 was amended with the contents of Communication No. 110.22, with nine "ayes." Ms. Villegas proposed an amendment to require all permit application elements, including eligible facilities requests, be completed before the 60-day shot clock begins. Mr. Darrow recommended revising the language to specify plan approval requirements instead of permit requirements. The proposed amendment via Communication No. 110.23 was withdrawn by Ms. Villegas. Bill No. 24, as amended to Draft 3 was postponed to the Planning, Land Use, and Economic Development Committee meeting of April 15, 2025. Planning, Land Use, and Economic Development Meeting of April 15, 2025. Planning Director Jeff Darrow was present in Kona Chambers, with Fire Chief Kazuo Todd, Planner V Tracie-Lee Camero, and Deputy Corporation Counsel Jean Campbell participating from Hilo Chambers. Chief Todd expressed reservations about the current bill's 1,200-foot setback requirement, noting that such a large distance would impact public safety communication infrastructure. Ms. Kimball proposed an amendment to remove language on the 1200 feet setback. Bill No. 24, Draft 3 was then amended with the contents of Communication No. 110.63, with seven "ayes," and two "noes." PCPLUED Report No. 4 PCPLUED-4 Page 4 May 20, 2025 Ms. Villegas proposed amending Bill No. 24, Draft 3 by reintroducing the contents of Communication No. 110.18. In response, Ms. Campbell noted that both the draft bill and the amendment conflict with state law, as Hawaii Revised Statutes Chapter 206N limits the County's authority to regulate small wireless facilities. Ms. Campbell recommended adding small wireless facilities to the list of exclusions in the definition of telecommunication antenna. Bill No. 24, Draft 3 was not amended with the contents of Communication No. 110.18, with eight "noes," and one "aye." Bill No. 24, as amended to Draft 4 was postponed to the Planning, Land Use, and Economic Development Committee meeting of May 20, 2025. Planning, Land Use, and Economic Development Meeting of May 20, 2025. Chair Kierkiewicz proposed an amendment to clarify small wireless facilities exclusion from the definition of telecommunication antenna based on Corporation Counsel guidance, required a submittal checklist for the plan approval process, required notification letters to property owners within 500 feet of proposed building site, and specified Title 47 federal regulations as governing federal law, and addressed concerns about requiring power redundancy. Ms. Villegas expressed support for the amendment. Bill No. 24, Draft 4 was amended with the contents of Communication No. 110.117, with nine "ayes." Ms. Villegas proposed an amendment to reinstate setback language, setting a minimum distance of 600 feet from any residence or school. Director Darrow confirmed the Planning Department's support, as their first draft of the bill included a 1,200-foot setback. Ms. Kimball suggested reviewing requirements for installing infrastructure for FirstNet, and adding an exemption to the setback clause for this if necessary. Bill No. 24, Draft 4 was then amended with the contents of Communication No. 110.118, with nine "ayes." PCPLUED Report No. 4 PCPLUED-4 Page 2 May 20, 2025 Your Policy Committee on Planning, Land Use, and Development is in accord with the purpose and intent of Bill No. 24, as amended to Draft 5, and recommends its passage on first reading. ki AYES NOES ABS EX GALIMBA X HUSTACE X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X Respectfully submitted, POLICY COMMITTEE ON PLANNING, LAND USE, AND ECONOMIC DEVELOPMENT & z j��! ASHLEY L. KIERKIEWICZ, CHAIR PCPLUED REP N� . 4 ADOPTED: