REP LAAC 027 2026-01-22 2024-2026

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REPORT OF THE LEGISLATIVE APPROVALS AND ACQUISITIONS COMMITTEE DATE: January 22, 2026 PLACE: Council Chambers Kailua-Kona, Hawaii TIME: 10:43 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 687/Bill No. 119 Your Committee on Legislative Approvals and Acquisitions, to which was referred Bill No. 119, reports as follows: Bill No. 119, transmitted by Managing Director William V. Brilhante, Jr., via Communication No. 687, dated December 29, 2025, amends Ordinance No. 02-93, which amended Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended), by changing the district classification from Agricultural (A-5a)to Residential and Agricultural (RA-2a) at `Ouli, South Kohala, Hawaii, covered by Tax Map Key: 6-2-007:002 (Applicant: Clemson and Janet Lam) (Area: 5 acres). The Leeward Planning Commission forwards its favorable recommendation for the requested amendment to Condition D, which prohibits construction of a second dwelling unit on the property. The property is located at 62-2039 Kawaihae Road. Planning Director Jeffrey Darrow was present in Chambers, with Applicants Clemson and Janet Lam and their representative, Margaret Wille, Esq., appearing via the Waimea Council Office courtesy site. Mr. Darrow provided a PowerPoint presentation for Bill 119 via Communication 687.1. Ms. Wille thanked Mr. Darrow and the Council for working together to address the major policy change statewide to ensure it is not contradictory and that the County interpreted the state law in that Accessory Dwelling Units (ADUs) are required to be allowed in all State Land Use (SLU) urban districts and prohibited in SLU rural districts. She asserted that correct interpretation of state law would in fact allow ADUs in rural districts under County Bill 121. Ms. Wille stated that there is one area in question under the newly proposed Condition D. The Planning Commission recommended verbiage to read: "The construction of no more than one additional single-family dwelling shall be allowed on each lot covered by this amended ordinance unless or until State Law allows the development of ADUs in the State Land Use Rural district." Ms. Wille noted that such verbiage after the word "ordinance" is unnecessary as the last phrase is a little uncertain as written and that State Law should be read on a more liberal view and that it does fall under the County's authority to allow up to two residences on a half -acre lot. Ms. Wille shared that the applicants went through all the requirements and have addressed each, including providing water via catchment, and therefore ask for approval. Committee Chair Heather Kimball added a minor note relating to the specific matter of this property and the question on State Law and what it means, stating that a determination from the Attorney General is expected on this matter. She further shared that after speaking at length with the author of the state statute, and contrary to the Planning Department's interpretation, it was not the intent of the legislature to prohibit ADUs in SLU Rural. LAAC Report No. 27