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HomeMy WebLinkAboutCOM 0313.025 2024-2026P/ PCPUIFo 60 KONA HONGWANJI BUDDHIST TEMPLE bill .313 P.O. Box 769 • Kealakekua, HI 96750 Phone: (808) 323-2993 • Fax: (808) 323-9815 A;* Rev. Blayne Higa, Minister E-mail: bhiga@honpahi.org July 9, 2025 C) C,© z.� c Councilmember Ashley L. Kierkiewicz, Chair COQ Councilmember Michelle Galimba, Vice Chair -< Policy Committee on Planning, Land Use, and Economic Development Hawaii County Council ` D 25 Aupuni Street Hilo, HI 96720 RE: Comments on Bill 60 (Draft 2)—An Ordinance Amending Chapter 25, Article 1, Article 2, Article 4, Article 5, and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended), Relating to Zoning District Regulations for Meeting Facilities, Churches, Temples, Synagogues, and Community Buildings Dear Chair Kierkiewicz and Committee Members, I am Rev. Blayne Higa from the Kona Hongwanji Buddhist Temple in Kealakekua. I want to offer support for the concerns and solutions proposed by my fellow clergy colleagues on Hawaii Island regarding the current draft of Bill 60. Key Concerns for Places of Worship: While intended for fairness, Bill 60's current draft raises serious issues: 1. New "Plan Approval" for Events: If passed, places of worship might need special "plan approval" from the County for many activities, including regular services, weddings, or concerts. This is concerning because schools, for example, would not have the same requirement for their events. 2. Legal Concerns: This unequal treatment could violate federal laws like the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the First Amendment, which protect religious freedom. 3. Time Restrictions: A significant new proposal in Bill 60 is to limit the hours of operation for "meeting facilities" (which noW includes places of worship) to 8:00 AM to 9:00 PM daily. This could severely impact religious practices that occur outside these hours. 4. Disproportionate Burden: The bill's definition of "meeting facility" applies to places used "more than two times per week for gatherings of more than twenty- five persons." This definition is more likely to affect traditional places of worship than residential homes, placing new burdens on them. Comm. liq 3 • dJJ Ref. To:' Ref. Dafe* _ ` _ 9 2025 5. Parking: The bill was prompted by parking issues at large residential gatherings. However, places of worship already have specific parking requirements, so this bill creates new rules where they aren't needed. Proposed Solutions: To address these concerns and prevent unintended negative impacts on religious freedom, several legal suggestions have been made: 1. Focus on Residential Homes: Create a permit system specifically for large gatherings in residential homes, without affecting places of worship. 2. Exempt Religious Gatherings from "Event" Definition: Clarify that "Event" does not include religious services or social gatherings at churches, temples, or synagogues. 3. Limit "Event" to Residential Gatherings: Define "Event" as a gathering of 25 or more people in a single-family home. 4. Exempt Places of Worship from "Meeting Facility" Definition: Explicitly state that "meeting facility" does not include churches, temples, synagogues, or similar religious facilities. 5. Exempt Facilities with Adequate Parking: Exclude any building that already meets existing parking requirements from the "meeting facility" definition. Thank you for your consideration. Sincerely, Rev. Blayne Higa Minister Kona Hongwanji Buddhist Temple