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HomeMy WebLinkAboutMIN PCPLUED 2026/05/04 (2024-2026) DRAFT Policy Committee on Planning, Land Use, and Economic Development 24th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii May 4, 2026 CALL TO The regular meeting of the Policy Committee on Planning, Land Use, and ORDER: Economic Development was called to order at 9:08 a.m., in the Council Chambers, Kailua-Kona, by Ms. Michelle M. Galimba, Acting Chair. ROLL CALL: Present: Ms. Ashley L. Kierkiewicz, Chair(via videoconference from Hilo) Ms. Michelle M. Galimba, Vice Chair Mr. James E. Hustace, Member Mr. Holeka Goro Inaba, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Klenfelder,Member Ms. Heather L. Kimball, Member Mr. Dennis "Fresh" Onishi, Member(via videoconference from Hilo) Ms. Rebecca Villegas, Member STATEMENTS The Acting Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak on Bill 66, Draft 2, (Comm. 372.30) and came forward When called by the Chair: Martha Stephens: In opposition (see Comm. 372.205). Cherie Griffore: In opposition. Shannon Fisher: In opposition (see Comm. 372.205). Cory Harden: Comment. Kenneth Honma: Comment(see Comm. 372.205). Cristina Holt: Comment(see Comm. 372.205). Michelle Melendez: In support(see Comm. 372.205). Donna Grabow: Comment(see Comm. 372.205). PCPLUED-24 May 4,2026 Chis Yuen: Comment(see Comm. 372.205). Chris Hirose: In opposition and comment. Kalei Kailikini: In opposition and comment(see Comm. 372.205). Joy Dillon: Comment(see Comm. 372.205). Chuck Flaherty: In opposition. Millicent Cummings: In opposition. Aaron Zeeman: In opposition and comment(see,Comm. 372.205). Megan Isaac: In opposition (see Comm. 372.205). , , Noel Morin: In opposition (see Comm. 372.205). Donna Thompson: Comment(see Comm. 372.205). Janice Palma-Glennie: Comment. Juhl Rayne: Comment(see Comm. 372.205). Dwight Vicente, Comment. John Pelletier: Comment. Allison Shiozaki:' Comment. Lawrence Vidlak In opposition. Dave Webb: Comment. Noelle Lindenmann: In support(see Comm. 372.205). Josephine Keli`ipio: In opposition (see Comm. 372.205). Jane Brahon: In opposition. Robert Patricci: In opposition. Ruth Robison: In support(see Comm. 372.205). Pete Walker: In opposition. Page 2 PCPLUED-24 May 4,2026 Mike Cabral: In opposition. Eugene Elmer: In opposition. BILLS FOR The Acting Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 66: ADOPTS THE COUNTY OF HAWAI`I GENERAL,PLAN 2045 AND (Draft 2) REPEALS ORDINANCE NO. 05-025, AS AMENDED Reference: Comm. 372.30 ,- Intr. by: Council Member Kierkiewicz (B/R) Postponed: July 9, August 20, September 17, October 27, 2025; March 10 and April 7, 2026 (Note: There is a motion by Council Member Inaba, seconded by Council Member Kaneali`i-Kleinfelder, to recommend passage of Bill 66, as amended, on first reading.) (Note: Comm. 372.204 from Council Member James Hustace dated May 4, 2026, transmitting proposed amendments to Bill 66, Draft 2 was circulated.) and Comm. 372.192: From Council Member Ashley L. Kierkiewicz, dated March 4, 2026, transmitting proposed amendments to Bill 66, Draft 2. and Comm. 372.195: From Council Membe'rAshley L. Kierkiewicz, dated March 19, 2026, transmitting,additional information regarding the 2026 General Plan. and Comm. 372.:,196: From Planning Director Jeffrey W. Darrow, dated April 6, 2026, transmitting Testimony'from March 10, 2026 related to the Draft General Plan 2026, Communication No. 372.192. ;'and Comm. 372.197: From Council Member Michelle M. Galimba, dated April 6, 2026, transmitting proposed amendments to Bill 66, Draft 2. ; and Comm. 372.198: From Council Member Heather L. Kimball, dated April 6, 2026, transmitting proposed amendments to Bill 66, Draft 2. and Page 3 PCPLUED-24 May 4,2026 Comm. 372.199: From Council Member Heather L. Kimball, dated April 2, 2026, transmitting proposed amendments to Bill 66, Draft 2. ; and Comm. 372.200: From Council Member Heather L. Kimball, dated April 7, 2026, transmitting proposed amendments to Bill 66, Draft 2. ACTING CHR. GALIMBA: Thank you so much for that small novel of bills and amendments. I'll note for the record that Council Member Kierkiewicz has joined us in Hilo, and I do open it up to Council Members for their comments at this time. Please go ahead, Council Member Hustace. MR. HUSTACE: Thank you, Vice Chair. Could I have Corporation Counsel join us in the front please. (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Committee.) MS. SCHOEN: Good morning, Renee Schoen, Corporation Counsel. MR. HUSTACE: Thank you, Corporation Counsel, appreciate the time with you. Just one question from your legal perspective, the General Plan. Some of the testifiers and some of the testimony we received over time has talked about this. Does the General Plan seed the authority of the County of Hawaii to any other entity;"the State, or any jurisdiction? MS:'SCHOEN: No. MR. HUSTACt: Thank you, appreciate that. Director Darrow, could I have you up please? (Note: At this time, Planning Director Jeffrey Darrow came forward to address the members of the Committee.) MR. DARROW: Aloha, Chair Kierkiewicz, Vice Chair Galimba, and members of the Hawaii County Council. Jeff Darrow with the Planning Department. MR. HUSTACE: Thank you, Director. Just a couple questions. We did receive testimony from you. I think there was some misunderstanding about your testimony, but it is in the records for Laserfiche files, it's Comm. 372.196. So, that is for the public to review there. Other conversations and questions have been about the maps, land use pattern and the zoning. Does the General Plan force any zoning change on individual private properties? Page 4 PCPLUED-24 May 4,2026 MR. DARROW: It does not. MR. HUSTACE: So, what is the relationship between the land use pattern maps and zoning? MR. DARROW: So, it's a reflection of the policies, objectives, goals, and standards with the plan on our long-range view for the direction we want to see the island as far as land use. So, those goals, policies, objectives, and standards are reflected in the overall maps. They're used as a means of directing growth whenever there is a request for zone change or for 'an,SMA (Special Management Area)permit or for other types of permits. Many of the criteria for these particular applications require consistency with the General Plan. MR. HUSTACE: But it does not force any zoning on a person's property? MR. DARROW: It does not. MR. HUSTACE: And how does one change their zoning then? What is that process? Because you want that compatibility between the land use pattern and zoning. So, how does someone, in a nutshell; how does this body; how does an individual change zoning of their property? They go through a different procedure, correct? MR. DARROW: Sure. So we receive, on'a regular basis, an application from an applicant and sometimes an initiation from the County Council or the Director to change the zoning of a particular property. They would submit an application, they',would address all the pertinent requirements requested in the application, they would do any types of studies"that would be required, and they would address the criteria for approval. And again, one of the main criteria for the change of your zoning would be its consistency with the General Plan. MR.' USTACE: But if I never change the zoning then it never changes, correct? MR. DARROW: Correct. MR. HUSTACE: Thank you. And then one of the land use designations that comes up often is the Natural Land Use Designation. What is compatible within that sort of category; what are those compatible zoning under the Natural Land Use Designation? MR. DARROW: If you can give me one moment, thank you. MR. HUSTACE: Sure. Page 5 PCPLUED-24 May 4,2026 MR. DARROW: We have our land use section within the General Plan 2045, and it will identify the compatible zonings for that particular land use designation. I'm trying to get there, give me one sec. I apologize for the delay. Okay, page 85. If I could just read this, as far as the entire reference, if that's okay. Natural is identified as lands to be kept in a largely natural state with minimal facilities consistent with open space uses along with agricultural land uses, including areas vulnerable to natural hazards, steep slopes,lava fields, and areas set aside for cultural and/or natural resource preservation purposes that are not necessarily under active management. Dwelling density on agricultural zoning up to one unit per acre. So, basically,you'll find different types of zonings. It's not a matter of what zoning would be compatible; it would be what the situation is''currently for that particular area of land if it's in a natural state. Most likely, the area is already zoned agricultural. And what we're saying in here is that the dwelling density should be limited to one unit per acre,which would allow for zoning. Open zoning will not allow for dwellings. So, it would not be compatible with this. Extensive agriculture, similar to that, allows for farm dwellings, agricultural activity on these types of lands. MR. HUSTACE: But it doesn'tchange the zoning if I already had agricultural. MR. DARROW: It does not, ,and it doesn't-prevent you to do what is currently allowed by zoning on your property now. NM HUSTACE Thank you, Director. To the body, and I think we've had a lot of conversations about these pieces in here, and we have a couple of communications and potential amendments presented to us. I have before you Communication 372.204. Now, under the policies and what's been laid out in the �005 General Plan,any map changes are seen as substantial changes. So, I welcome some feedback before presenting that to the body about the best course of action that we want to take with regards to amendments of the General Plan and any sort of path that's laid before us. Because I think we're at a crossroads'about what is allowable. We've had different conversations about that in terms of what is substantial, what amendments we can make. And what I see in my communication here are potentially some mapping errors. Page 6 PCPLUED-24 May 4,2026 So I don't even know how those would be handled, under the course that any mapping amendments would be considered substantial. So, I'll yield my time for now, and I welcome any sort of feedback from my colleagues. Thank you, Vice Chair. MS. KIMBALL: The Vice Chair is recognizing me, we have to share a mic on her behalf. So, first of all, I want to fess up to having made a mistake. In the sense that with Communication 372.199 with regards to Data Centers. So, I explained this at the last committee hearing, but it was my understanding that the definition that we have in Chapter 25 for a Data Processing facility would have covered Data Centers. And therefore, they're a permitted use in zoning already. Therefore, if we were to prohibit them, we would be engaged in the taking, right, because a permitted use is the best use. I have since had a conversation with Corporation Council Campbell. I think there is another path forward based on the fact that the definition of a Data Processing facility has some terms that are not compatible with the definition,of a Data Center. And so, I want to make clear that my effort was to insure that if Data Centers were permitted use under a Data Storage facility, that there were sufficient guardrails to essentially make them infeasible to build or impossible to build. But, because of this alternative path forward provided by Corporation Council, I'm going to pull Comm. 372.199 from this proposal as a potential amendment and send something revised,to you folks around Data Centers that would actually move towards a prohibition'car at least a moratorium until a later point. But'L did want to make it clear that I wasn't trying to enable them, I was trying to prevent them based on the understanding that they were potentially already a permitted use. To your comment, Council Member Hustace, based on the conversations we've had about the process of the General Plan and what is the most appropriate to do going forward. ley inclination after giving considerable thought to this, is to mode forward and adopt the 2045 Plan without these additional amendments that I've proposed at this time and come back later with those amendments. I think that if we propose any amendments, including land use changes, that it is that substantive amendments and just in order to meet due process requirements, it would have to go back to the Planning Commissions. I diet mention that last time that I didn't want to have any sort of arbitrary timelines on us. But in reflecting, we want to get this done in this Council. Like the idea of having to bring this before a new body that has potentially four new members, I think could just open up a rather large can of worms. I think we need to just get this moving. Page 7 PCPLUED-24 May 4,2026 So, my inclination is to pass to Council 2045 as it stands today and bring the amendments afterwards as interim amendments outside of this process entirely. That's where I am right now. Thank you. ACTING CHR. GALIMBA: Council Member Villegas. MS. VILLEGAS: Yeah. Thank you, Council Member Hustace, for your poignant questions; I'm kind of debunking some of the claims that have been made by testifiers here today. I find it deeply concerning the false narrative that's been spread. Excuse me, ma'am. I want to express my gratitude to the Planning Department for your continued vigilance and,determiriation for the inclusion of terminology and acknowledgement of climate change. And now being at a tipping point for decisions that must be made that take into account our responsibility to future generations. At a time when life, all too often, feels like a dystopian nightmare with the narratives, controversy, dissention, and;YouTube PhDs. I'll be in full support of us passing the General Plan 2045, as it is,out of Committee and potentially looking at any future amendments as it continues to go through Council. I am in complete opposition of the 2026 version. I'd also like to show, and I did notirtend for it all to get printed out, I really didn't realize the scope of information that,was shared with me, and these are the communications between the,people who actually guided and created the 2026 version. Ancfunfortunately, or ironically, they are people that work for developers. So, the claims that have been made are ironic and untrue. And if anybody would like to see these, this'is public information that was provided to someone doing the research. So,, I am going to be in full support of 2045, and yeah, I'm scared for our future based on the narratives being spread and the untruth; and by specifically somebody who was in direct defiance in my district during COVID (Coronavirus Disease) and putting people's lives in danger. So, I'm calling that out and unfortunately, it undermines any credibility for certain testimony. I yield. ACTING CHR. GALIMBA: Anyone else? Over in Hilo? Go ahead, Council Member Onishi. Mk. ONISHL Thank you, Madame Chair. I guess in regard to Mr. Hustace's comments. Maybe I could have our Corporation Counsel give us some advice or any opinions to Mr. Hustace's comment on how we're going to move forward. And especially, when he mentioned about those maps in his district that are flawed. And so, what can we do? Page 8 PCPLUED-24 May 4,2026 (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Committee.) MS. SCHOEN: Renee Schoen, Corporation Counsel. So, the last time we were here I did present information to the Council. I also provided attorney-client communications, two of those to this body. And essentially what was discussed last time is that the Council is free to proceed with substantive amendments in accordance with the current standard that's found in the 2005 General Plan, which would dictate any type of substantive amendment-being heard at a later time. The alternative is to proceed with the Council's Charter mandated authority which would be to consider substantive amendments,but those substantive amendments, we would recommend to go back to the Commissions, to the public, to the Planning Director so that they are fully reviewed and the public is aware. MR. ONISHL Okay, but based on just the map part of the flawed maps, what would be your recommendation or your opinion how we move forward on those corrections? MS. SCHOEN: You kn Owl I don't I have not' ooked at the maps. I mean, that's something that I don't believe that I or our'office has the expertise to determine whether or not changes in'the maps are substantive such that it would require going back to the Commissions. I mean,that's something we would discuss with the Planning Director. MR. ONISHL Director, would'you have any comments? MR. DARRO V- Aloha, Council Member Onishi. If you could do me a favor, if you could repeat the question so I can respond accurately. MR.ONISHI: Okay, so basically, it's the concerns from Mr. Hustace about, in his district, the maps that are proposed in 2045, I guess is not correct. And so, he has amendments here. But because of General Plan 2005, which restricts the amendments for the maps. So, how would we move forward? And I don't want to hear about passing it and amending it later. I mean I don't like that kind of process. gut I want to hear what you have to say. MR. DARROW: Sure. So as mentioned in Communication 372.196, I offered three options to move forward. In regard to amendments, it depends again which direction you choose to move forward on. There's the 2026 proposed draft, there's the 2045 proposed draft, and there's a possibility of incorporating both together. Page 9 PCPLUED-24 May 4,2026 When we look at the General Plan currently, the 2005 Plan, it lays out a direction in regard to amendments. It states that if there is a substantial amendment which it defines within the plan, including change to the Land Use Maps. The plan itself says that you should wait,you cannot do those during the comprehensive review process. So it would sound like, according to the plan, you would pass the plan and come back and do interim amendments. Again, there's been legal discussion as far as the County Charter versus the General Plan and the hierarchy substance and weight of those. You know, I really can't make that decision for you. You have several options available. If you end up going forward now and you propose amendments to whatever plan, it will need to come back down. I mean currently, we have said that the direction would be to come back down to the Planning Commissions,have it reviewed through them, come back up to the Council for final review. We've stated concerns within our correspondence, a communication'that was submitted regarding if it goes one direction,the need for public input and government agency input. If you pass the General Plan and it passes, then that plan is passed. You can immediately submit interim amendments which go to-originates at Committee, come down to the Planning Department and Commissions, and comes back up and revises the General Plan that was passed. So hopefully that answers your question; MR. ONISHL Not really, but I do like your option three where there needs to be I guess maybe some work done within both. But then, I'll leave it up to the body as the majority goes. But thank you, I yield. ACTING CHR..GALIMBA` Thank you. Council Member Kaneali`i-Kleinfelder. MR.'KANEALI`I-KLEINFELDER: Thank you very much, Chair. Mr. Darrow or Ms. Schoen, do we decide substantive or do you decide substantive? MS. SCHOEN: I would say the body decides. MR. KANEALI`I-KLEINFELDER: The body decides? MS. SCHOEN: Yes. MR. KANEALI`I-KLEINFELDER: Mr. Hustace, I saw your communication regarding the maps. Sorry Renee, so we—substantive? MS. SCHOEN: Yes. Page 10 PCPLUED-24 May 4,2026 MR. KANEALI`I-KLEINFELDER: So if we chose to amend it with something we didn't think was substantive, aka Mr. Hustace's maps he submitted, could we amend it and not have to go back to the Planning Commission because we decided it's not substantive? MS. SCHOEN: So, then we kind of step back. So, what I think Mr. Darrow was pointing to was actually the language contained in the 2005 General Plan. It basically tells you what a substantial change is and it lists out things such as, if it's a newly added goal or policy, course of action;standard or map amendment changes. MR. KANEALI`I-KLEINFELDER: It specifically says'map amendment changes. MS. SCHOEN: Yes. MR. KANEALI`I-KLEINFELDER: Okay. No, that's good. If it says that clearly in the current General Plan. MS. SCHOEN: Yeah. MR. KANEALI`I-KLEINFELDER: Yeah, it does. And then it says we must use the existing process. MS. SCHO It says, "Those things shall be considered an entirely new proposed amendment and such amendment proposed at this stage shall not be processed as part'of the ongoing comprehensive review, but it has to be processed as an interim."' Now,when you go down to the interim amendment procedure, that basically,wouldn't allow you to do it at this point. MR.KANEALI`I-KLEINFELDER: Okay. Mr. Darrow, stakeholders. There's been so much testimony, but today,just to name a couple that I heard, was interesting: We have climate change, and that has now evolved into weather weaponization paired with land use of 6G; natural versus open space versus agriculture.' And Mr. Hustace touched on a few of those, but stakeholders, as I read the definition, it seems like a very broad definition, which I would assume would bring everyone into the perspective depending on what exactly is being discussed by the Council at that time. Is that accurate? MR. DARROW: Yes. MR. KANEALI`I-KLEINFELDER: So, not meant to provide people from the outside a leg-up on residents who live here. Page 11 PCPLUED-24 May 4,2026 MR. DARROW: No. I mean when you read the definition, it was meant to be broad; it's anybody involved in the process. MR. KANEALI`I-KLEINFELDER: That's exactly how I read it. I can see the other perspective; that it doesn't say local people, but it doesn't not say local people, and it just wraps everyone into the equation. MR. DARROW: There are many people that have interest in Hawaii that do not specifically live here. Point of Order: MR. INABA: Chair, point of order. ACTING CHR. GALIMBA: Go ahead,Council Member Inaba. MR. INABA: I ask that members in the gallery please refrain from making comments, it's distracting as vve are attempting to listen to a member of the Council. Thank you. ACTING CHR. GALIMBA: Thank you, Council Member. MR. DARROW: So, again, itwas meant to be broad;it's not a specific group of people. It was meant to include everybody involved in this process. MR. KANEALI`I-KLEINFELI)ER: That's how I read it too. And it's something if we write legislation, I don't!write roads meaning only roads in one subdivision in,one part of the.County. If I say roads, that means every road in the County of Hawai`i. If I specify it to the County, maybe it could include the State, but I don't include the State in my wording. Soy the words are important, and the word stakeholder in this case means anybody and,everybody that pertains to whatever situation is being discussed by the County in whatever role we're discussing, whether it's land use; whether it's a project;whether it's anything. MR. DARROW: There are many people in the world that doesn't include all of them, it includes everybody involved in this process. Now it could involve people in the world, but mainly we're going to see local people involved in this process, which we do. But occasionally, we will see input from people that live on the mainland that have property here or that have interest rights here, things like that. They're already included in the process. MR. KANEALI`I-KLEINFELDER: Like all of the good local people we have in the room today? MR. DARROW: Correct. Page 12 PCPLUED-24 May 4,2026 MR. KANEALI`I-KLEINFELDER: Thank you. Mr. Darrow, General Plan, sometimes I think we overthink things. General Plan, doesn't mean specific guideline plan, does it? MR. DARROW: No. MR. KANEALI`I-KLEINFELDER: Doesn't mean required set of Actions plan, does it? MR. DARROW: It can include actions. MR. KANEALI`I-KLEINFELDER: But it doesn't necessarily speak to a specific Action Plan for the County of Hawaii. MR. DARROW: Correct. MR. KANEALI`I-KLEINFELDER: So I was thinking about the wording that we chose, General Plan. If I have a general idea then I have general idea. Does that sound appropriate for the intent of the General Plan? MR. DARROW: Yes, hutwe didn't pick the name. MR. KANEALI`I-KLEINFELDER:' Should we change it maybe in the future to the As Needed Plan? MR. DARROW.- You would have to go to the Legislature and change that; it actually originated there. MR. KANEALI`T-KLEINFELIJER: They require the General Plan be created. Okay, so the state dictates we have to have a General Plan. MR.'DARROW:'Right. HRS (Hawai`i Revised Statutes) 226 requires us to create a General Plan. MR. KANEALI`I-KLEINFELDER: I love these numbers. MR. DARROW: As well as our County Charter. MR. KANEALI`I-KLEINFELDER: Okay, so County Charter and State law requires that HRS 226 that the County must create a General Plan. MR. DARROW: Yes. MR. KANEALI`I-KLEINFELDER: Beautiful. And then let's say General, it actually has those specific words? Page 13 PCPLUED-24 May 4,2026 MR. DARROW: General. MR. KANEALI`I-KLEINFELDER: I love it. Which means it's general, like I have a general idea of what I'm going to eat for dinner tonight, correct? Okay. We have spent how much? $3.7 million? MR. DARROW: $1.7 million. MR. KANEALI`I-KLEINFELDER: $1.7 million,,okay I might have misquoted that for the newspaper, sorry. $1.7 million to date to create the General Plan that the department and four administrations and how many Council Members have got to this point and community input. MR. DARROW: A lot. MR. KANEALI`I-KLEINFELDER I feel inclined to move ahead with the 2045 General Plan as created by the department and public input and everything else that's gone into this process and not sidestep with a different document, and not try and oversimplify or over narrow or acutely,affect what we've already done. Because it doesn't actually while it may matter ,that's not what I meant to say. There's only been a few times in the last eight years where I've actually heard someone come in and say, according to the General Plan, this must be done. That is a rare statement. Even the PCI)P (Planning Community Development Plan). Rarely do I hear, according to the PCDP, this action must be taken. Kea`au Police and Fire Station,are in the PCDP,. ACTING„CHR.GALIMBA: Council Member Kaneali`i-Kleinfelder. MR.,KANEALI`I-KLEINFELDER: Let me finish this point. It's in there, but when'we brought it to the CIP, Capital Improvements Project discussion, we didn'twalk in and say,this has to be done because the PCDP said so. We know it's good for the community, because it took 20 to 30 years to get to this point of understanding the density has led to us needing that project; same sense, General Plan 204 . MR. DARROW: So, if I could respond to that. People mistakenly believe that the General Plan is for the Planning Department, it is not; it is a Countywide plan for every department within the County. So, every department within the County has input in this plan as far as their long-range plans for whether it's through the Department of Public Works for their projects, whether it's the Department of Parks and Rec for their projects. All of the County agencies have input which is put into this plan. That's why there have been incredible amounts of collaboration, not only with the public but also with County and State agencies to confirm the directions that we want to make sure we capture for this plan. Page 14 PCPLUED-24 May 4,2026 So, in regard to like the CIP that we all reviewed. One of the areas in the County Charter says that we have to review those improvements projects in relationship to the priority in the General Plan. And that really has nothing to do with Planning. They're all different projects from all the other agencies. So, although it may not say something specific, the entire concept is that we're trying to move forward in this long-range plan to do the things that we set out to do to have a goal; to have a purpose; to have a direction. And if we feel like there's something missing, we should add it. If there's something that needs to be removed, let's remove it. We just want to make sure we get the best plan moving forward. MR. KANEALI`I-KLEINFELDER: Thank you. I yield for right now, Chair. ACTING CHR. GALIMBA: Thank,you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Fm goingto restate statements I've made at every single one of these meetings on this topic because this is what I hear both from my constituents and even residents of other districts that are within the greater Hilo area. I continue to express my concern, my dissatisfaction that Hilo is not represented in the same'manner; not given the chance in the same manner as all the other communities around the island to have their input for this process. But I also feel like we're past that right now at this moment. And so, I am willing to go ahead and voice my support for going ahead and passing this 2045 plan, as it is'right now because one reason I know is because we cannot move forward with doing the redevelopment plan,and gathering the community of the greater Hilo area for their input until we get this plan moved ahead. And then we embark on that redevelopment plan for the Hilo area. So I,know you've heard this, Director Darrow. Your predecessor, Director Kern, heard it from me fr6m ➢ay One. I know your Long-term Division Chief has heard this, Ms. Morrison. As well as her predecessor, Ms. Surprenant, also heard this from me on a pretty regular basis. I appreciate the Administration working with me to put some funding in for working on that Hilo Redevelopment Plan and that Community Action Group that's going forward this year. And I will be following that closely and supporting it in any way I can. ButI don't want to stop this very long process that has involved so many people's time and input from the community. I realize I've been in this situation too where I'm a community member or I want to have a say in something and I missed maybe the time period for that input. So, I feel for people who feel like they maybe haven't had enough time to be heard because they're catching up. That doesn't negate the reality of what happened, which you had many dozens of meetings; you had many individuals and groups weighing in on this plan. Page 15 PCPLUED-24 May 4,2026 There's always going to be new people who hear about it and say, wait, my voice wasn't included, and we can't wait for every single person in the world is heard because we will never move forward. So, at this point, I'm willing to move it forward and to then consider amendments after we get this thing passed. It sounds like there's some really specific ones that are going to be super important to make sure we do. I say, fairly quickly, and I've also seen some other really good ones, and I think we need to consider. So, thank you for all your work. Thank you, Chair, I yield. ACTING CHR. GALIMBA: Thank you. Council Member Hustace. MR. HUSTACE: Thank you, Vice Chair. I just want to be very clear on the communication that I have in front of you; this is Communication 372.204. So, there's seven exhibits within this. And I apologize I only really,looked at District 9,part of District l; and there's seven exhibits, all on one communication, as compiled by LRB (Legislative Research Branch). So, half of these, I would equate to errors or omissions by the process that came before us. There are a couple in here that probably wouldn't be seen:as such and could open up for a greater conversation. So for example, Exhibit 1,,I'll try,to'go through this really quickly Vice Chair, if you don't mind. But Exhibit 1 lays out'a space that's already Low-Density Urban. And,it talks about your conversation,previously, Vice Chair Galimba in terms of ouf repairing zones, our gulches. our streams, and maybe they should be designated as conservation or something as such. So, that sits within a residential community, it has its own TMK (Tax Map Key), and I understand the generalities of the General Plan, right, in terms of what we're trying to do kind of like at a much larger scale. But with the technology, and I think, past Planning Director Yuen talked about it. We don't have to be so specific. But the maps that we have now and the technology that we have now allow us to be more granular and more focused in this community, so. This was the approach I was taking in this regard. In that same subdivision, in Exhibit 2, there is an area that the boundary line of that subdivision was being proposed to shift to Natural in the 2005 one in that same kind of discolored area was Extensive Ag. So I don't know why, even in 2005, it wasn't identified as Low-Density Urban because that is the use of that area; it is a residential community there. Exhibit 3, this is I see as an omission. This is a community recreation; it's a park space that actually exists right now and was not called out in the map. Page 16 PCPLUED-24 May 4,2026 Exhibit 4, we have the Lalamilo Farm Lots. This is an error I see. This is a space within the Lalamilo Farm Lots that is Ag, and the surrounding areas, Extensive Ag. So, Productive Ag, Extensive Ag. But for one reason or another, a piece of it and part of the map and some odd polygons are shifted to Natural. So, I never really got an understanding of why that happened there. So, I do see that as an error on the map. Exhibit 5, this actually sits in District 1, as well as the Haloa Stream and the Hohola Subdivision area. So, apologies Council Member Kimball for stepping into that space there. This area was identified as Natural in the proposed, but the surrounding area is Extensive Ag. So, trying to revert back to the 2005 one. Exhibit 6, a little harder to see on the black and white here: But on the makai parcel of this property, this particular TMK is already being used,for Industrial use, and there's a Special permit moving forward for this particular property. So, just trying to align with the general use of that area. Exhibit 7 is a community park; it is Waimea:Nature Park, Ulu La`au, and is a recreational purpose there. So,just trying to align with some of the intended use and those sort of things there. Broadly speaking, I do have an issue if there's an error on the map that we don't correct it and then we have to amend itlater. Like it should have been caught early in the,process, right? And before sitting in this seat, I did catch a couple here and there and as a community member I made recommendations in the General Plan, and I have seen those changes. So, I want to mahalo the Planning Department for working with community partners in identifying some of those changes. Soy I have seen some of those changes. As I've had more time to sit down with it and,really dive into the weeds, I have seen some other areas that needed to be addressed_ So, I do have some concerns that we have to amend an error later on and then,go through the whole process. So, that's definitely a concern I'm carrying on this. And lastly, if we do adopt the 2045 Plan, it is the replacement of the 2005 Plan. And in the 2045 Plan, I know there's ongoing conversation already on this side with that conversation we've already had, but we have no process of amending the 2045 Plan as it stands, right, because it replaces the 2005, am I mistaken on that? So, my understanding is that there's no amendment mechanism within the 2045 Plan, as it was laid out in the 2005 Plan. So, that's where I'll leave it at that. If there's other feedbackI see heads going in different directions. So, I'll pass it back Vice Chair, thank you. Page 17 PCPLUED-24 May 4,2026 ACTING CHR. GALIMBA: Go ahead, Council Member Kimball. MS. KIMBALL: Yeah. So, to your first discussion about the land use amendments. I am comfortable suggesting that this body approve of error corrections as a non-substantive amendment, it's the same thing as adding a comma, or a missing apostrophe, or something like that. To your second point, the General Plan is an ordinance;''it is a piece of legislation which ultimately this body, the Council, has authority and jurisdiction over. So, in the absence of a procedure spelled out in the'plan for amending it, we have the authority that we have under any circumstances to amend an ordinance, which is to bring it before Council with a written amendment and.have that deliberation. I think what then becomes the question,is that,substantive part,Flo we then refer it back to Committees? But we do have the authority, as it is an ordinance and it's in the hands of this body. ACTING CHR. GALIMBA: Thank you. Council Member Inaba. MR. INABA: Thank you. I just wanted to state that I do have the draft bill that I'm working on with Council Member Kierkiewicz. And then, I'll have it to her for final review this week, and hopefully to LRB'next"week and on the nearest agenda. I've been a little behind sorry about that. ACTING CHR. GALIMBA: Thank you. Council Member Villegas. MS. VILLEGAS: Yeah. I suppose I'm asking for a little more clarification from Council Member Inaba. What draft,bill? MR. INAEA: The draft bill to,specify the amendment procedures that would be inCode, which would cover how we would be able to amend a sitting General Plan'if 2045 is passed. Like Council Member Hustace said, the amendment procedures don'teist in this plan. So, the bill that I have would codify that into Code. MS. VILLEGAS: Okay, thank you for clarifying. You know for me, I have to once again'go back to the expertise of those who are trained in professional planning. Unfortunately, I see kind of an epidemic of Al (Artificial Intelligence) psychosis taking over and really affecting unfortunately a lot of people in our communities. And I see a direct correlation with the viewpoint's conspiracy theories, denials; and they are in direct correlation of much of the false narrative coming at a national level, it's quite an epidemic actually. So, I will come back to and find comfort and confidence in continuing to collaborate with the values and the belief systems of this place, from this place, by this place with our host culture, and the terminology utilized in our current 2045 Plan acknowledges that wisdom, incorporates that responsibility. And it does create higher standards. Page 18 PCPLUED-24 May 4,2026 And we should be doing that. Future generations deserve that from us, and disclaimers for not holding ourselves to higher standards will not be tolerated by the brilliant future generations coming up. So, I'll be in full support of passing Bill 2045 out of Committee today with a positive recommendation. I yield. ACTING CHR. GALIMBA: Anyone else? MS. KIERKIEWICZ: Vice Chair Galimba. ACTING CHR. GALIMBA: Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Really appreciate the opportunity to engage community at this level. It's great to see so many folks coming out in support of 2045; in support of 2026. I think this is what we all want; is a,community that is engaged with local government on'aday-to-day basis. If we are going to be moving forward with a vote on Bill 66 today, I cannot in good conscience support General Plan 204 . It asks too much of our County, and over months that we have been convening Committee, I repeatedly asked the Planning Department, how do we operationalize this plan? And the response is always "Well, the Administration will do it." It doesn't'give me a lot of hope that what is contained in the document will actually materialize. So much of it rests on the Office of Sustainability, Climate,Equity and Resilience (OSCER) to do. And as great as those individuals are, I just'don't believe that they have the capacity or-resources to carry out all of this. I had put forward a simplified version of the General Plan because that's exactly what it's supposed to be, General. And it empowers communities through community,development plans;revitalization plans to articulate what exactly they want for the communities that they live in. There's just too much going on in the �04 ,,version that we set ourselves up honestly, for failure. No department has been able to adequately articulate how they will take all of the policies and all of the actions and operationalize them. And that really does concern me. Yes, we can be visionary but we also have to make sure that what we are adopting as ordinance are implementable and enforceable; or we continue to lose the trust of community and government being able to work for them. I will not be supporting Bill 66, Draft 2, known as the General Plan 2045. Thank you, Chair. I yield. ACTING CHR. GALIMBA: Being no other lights, I will call for the question. Page 19 PCPLUED-24 May 4,2026 Vote on Bill 66: The motion to recommend passage of Bill 66, Draft 2, on Draft 2 first reading was carried by the following roll call vote: (Approved) Ayes: Committee Members Kagiwada, Kaneali`i-Kleinfelder, Kimball, Villegas, and Acting Chair Galimba—5. Noes: Committee Members Hustace, Inaba, Onishi, and Kierkiewicz—4. Absent: None. Excused: None. ACTING CHR. GALIMBA: Thank you very much. Bill 154: AMENDS CHAPTER 25, ARTICLES 1, 5, AND 7, OF THE�HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMERCIAL PARKING LOTS AND GARAGES Removes commercial parking lots and garages as a permitted use in the general, village commercial, industrial-commercial mixed, limited industrial, general industrial, and Downtown Hilo commercial zoning districts. Reference: Comm. 866 Intr. by: Council Members Inaba and Villegas (Note: Comm. 866.1 from Council Member Dennis Onishi dated May 4, 2026, transmitting proposed amendments to Bill 154 was circulated.) Motion to Refer: Mr. Inaba moved to refer Bill 154 to the Planning Director and the Windward and Leeward Planning Commissions. Seconded by Ms.Villegas. ACTING CHR, GALIMBA: Council Member Inaba. MR. INABA: Thank you. This is essentially, a follow-up bill to Council Member Villegas' parking bill. It removes, as was introduced by the Clerk, paid parking from any of the current areas that live in Code. So again, the motion is to send to the Planning Director and the Commissions for their review. The bill also specifies that anyone who currently uses their properties in that way will be able to be grandfathered in via a nonconforming use, which is an established practice at the Planning Department proving that use has been ongoing. So, ask for your support so we can get some good discussion from both of our Planning Commissions and ultimately come back here and take up any of the amendments that are proposed. Thank you. Page 20 PCPLUED-24 May 4,2026 ACTING CHR. GALIMBA: Council Member Kagiwada. MS. KAGIWADA: Yeah. I moved really fast to go to this suggestion. I guess I was hoping we would have a little bit of a discussion today, so, I could hear from my fellow Council Members about this bill. So, I guess on the move to send it to the commissions, I'm not prepared to support that yet, because I would love to have a little bit of discussion amongst us first so I would kind of know where other folks are. I yield. ACTING CHR. GALIMBA: Council Member Villegas. MS. VILLEGAS: You know this bill came out of lengthy discussions between Council Chair Inaba and I, related to the parking issues with paid parking in the Kailua Village Business Improvement District and the inundation of predatory pricing. And there being little to no policies surrounding that holding owners of the shopping centers somewhat accountable for what they're allowing the fees to be. I've run back and forth, back and forth through-many different options, and when Council Chair Inaba and,I met to talk about the potential of creating a separate piece of legislation that wou Id,prohibit the creation:of future paid parking lots in our County, it seems like aproactive measure to protect community and people, and to more effectively align. I mean, so many of the shopping centers and facilities that have been built; for instance, Kona Inn, the ordinance was created in 1978, related to that shopping center and their requirements for parking related to it. And because it didn't say, you can't charge for parking, then,you can. Even though that's counterintuitive in my mind,'I think. If you have to create parking to serve the facility you're creating, it's like saying I mean this is probably silly, but if you have to put in a fire escape or you have to put in AEDs (Automatic External Defibrillator), if it doesn't say you can'tcharge for using them, then you can? That's a requirement for health and safety for an effective functioning of a system. So, this is our attempt to put forward policy to protect any future transitioning of lots that should be included in the service provided when you create a commercial building or facility. If you have to provide parking; no,you can't charge for that parking, that's part of your impact fees and what you provide. With that, I yield. ACTING CHR. GALIMBA: Council Member Inaba. MR. INABA: Sorry, I just wanted to clarify that this bill removes this paid parking from all sections of the Zoning Code except for Resort zoning. It's not explicitly stated there, so I wanted that to be on the record. And again, I do know that there was some testimony received in opposition from members, mostly in Page 21 PCPLUED-24 May 4,2026 Hilo. And my preference right now would be to send a clean copy to the Director and to the Commissions. And if it's the will of this body to amend the bill to remove this restriction from the Hilo Community district, then we can take it up. I'd rather not try and mettle with it before we do get the chance to just hear from the commissions and the department on the bill as it stands, thank you. ACTING CHR. GALIMBA: Thank you. Anyone in Hilo? MS. KIERKIEWICZ: Chair, I support moving this forward for discussion at the commission level. Thank you. ACTING CHR. GALIMBA: Thank you. Council Met ber Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER Thank you, Chair. Director Darrow, the bills proposed removes Commercial Parking Lots and Garages from:specific sections in Chapter 25. Is that correct? MR. DARROW: Correct. MR. KANEALI`I-KLEIFELDER: So, what happens to the commercial parking lots and garages that are existing in those zoning types?� MR. DARROW: They remain. MR. KANEALI`I-KLEINFELDER: They remain; they're grandfathered in? MR.DARROW.' Yes. MR. KANEALI`I-KLEINFELIDER: Should a business need a commercial parking lot or garage in the future, what would happen? MR.'DARROW: Atthis point it's not permitted. It would not be permitted if this bill passes. MR. KANEALI`I-KLEINFELDER: So, could they have a parking lot? MR. DARROW: They could have a parking lot, it just could not be a commercial parking lot. MR. KANEALI`I-KLEINFELDER: Commercial parking lot means? MR. DARROW: It's defined in the bill. Right now, Commercial Parking Lots mean any building or parking area designed or used for temporary parking of automobiles, which is not accessory to another use on the building site and within which no vehicles are repaired. Page 22 PCPLUED-24 May 4,2026 This bill will amend that definition to say, Commercial Parking Lot and Garage means, any privately owned building. So, this would not apply to State and County; or a parking area designed for use for temporary paid parking of automobile vehicles. MR. KANEALI`I-KLEINFELDER: Okay, so we changed the definition to include the word, "paid." MR. DARROW: And privately owned. MR. KANEALI`I-KLEINFELDER: We removed commercial parking lots and garages from the zoning types in Chapter 25. MR. DARROW: There's a number of zoning districts that are identified in Section 3. MR. KANEALI`I-KLEINFELDER:' That's okay, we can look those up. Can a business still have a parking lot or garage,and what is it defined as now, if it's part of their use that's approved? MR. DARROW: If it's currently approved and in,place, it's grandfathered. MR. KANEALI`I-KLEINFELDER:' For projects walking in the door after this bill passes, what then? MR. DARROW.- They would not be permitted. A parking lot would be permitted, not a paid parking. MR. KANEALI`T-KLEINFELIDER: Is there a new definition for commercial parking lot versus not-paid parking lot? MR.'DARROW: It would just be a parking lot. It would not be a commercial parking lot. When we have businesses come to the Planning Department to go through our,plan approval process, they actually are required to have parking for their business. What's happened is many of these either landowners or businesses or whatever have begun charging paid parking within those parking lots. MR.'KANEALI`I-KLEINFELDER: I get all that. I know why we're here. Sorry, I'm just making sure that we don't pass the bill, create a new definition, remove an old definition, and then, going forward; the businesses that need a parking lot who are planning on having paid parking still have some kind of a definition they follow regarding what's required of that parking lot now. Does that exist or did we just blank all that out? Page 23 PCPLUED-24 May 4,2026 MR. DARROW: It's within our Zoning Code under the parking requirements for whatever use is being requested. MR. KANEALI`I-KLEINFELDER: But it won't be considered a commercial parking lot and garage any more. What will it be considered? MR. DARROW: Required parking. MR. KANEALI`I-KLEINFELDER: Okay. Is that going to be a problem? That's all I'm getting at. Is it going to be a problem if we remove that definition? Refine the definition to remove "paid,"which Factually am in total support of. I love what we're doing, but I don't like what's happening in our community right now. MR. DARROW: I think it would be a problem if you remove that word, "paid." It would make the bill completely different. ` MR. KANEALI`I-KLEINFELDER: Okay.,But the point of adding "paid" in there makes the subset that helps us achieve What we're not liking and protects future uses, and people that are building a project that need a parking lot, we still have a way of specifying what that's going to be? MR. DARROW: Yes. They just cannot commercially charge for those parking stalls. MR. KANEALI`I-KLEINFELDER: Okay. If there was a lot in Hilo, let's say, because now we're not talking about just Kona, anymore, correct? If there was a lot in Hilo that had,a parking lot or just an open lot in a commercial property that was currently paidpark ng, can they proceed? MR. DARROW—.Yes. MR. KANEALI`I-KLEINFELDER: So, it doesn't change the ones that are grandfathered in currently acting as a paid parking lot. MR. DARROW: Correct. MR. KANEALI`I-KLEINFELDER: Now it would be considered a taking if we already changed that, but we can enforce the requirements for commercial. How do we enforce the grandfathered paid parking lots that exist in having requirements like we have currently, that they must be paved X,Y, and Z that are in the Code? Is that still existent? Is there a form of requirements that fits now? MR. DARROW: Again, the typical process is a particular project would come in for aplan approval, a commercial project. Page 24 PCPLUED-24 May 4,2026 MR. KANEALI`I-KLEINFELDER: Is it existing? MR. DARROW: Right, existing. So, we would look at what was approved under that plan approval, which requires paid parking. So, if you're speaking about a lot that is unpaved and someone is just charging parking on a piece of property that's unpaved; that would not be considered an approved commercial parking lot. MR. KANEALI`I-KLEINFELDER: Before and after,this,bill? MR. DARROW: Correct. MR. KANEALI`I-KLEINFELDER: Okay, thank you. 1,yield, Chair. ACTING CHR. GALIMBA: Go ahead, Council Member Onishi. MR. ONISHL Thank you, Madame Chair. Question, Director Darrow. So a landowner now, if this bill passes, builds a business complex or whatever, like commercial buildings, has their parking for their businesses which is close to a County facility and at any time there's an event at the County facility and there's not enough parking, if this bill passes, that commercial development wouldn't be able to charge parking on their parking lot. Is thatcorrect? MR. DARROW: The only way they could, Council Member Onishi, is if they currently charge. MR. ONISHI: No, but this is something new. So, if this bill passes, a landowner now builds something after this bill is passed, they won't be allowed to charge parking?, , MR.DARROW: Correct. ACTING.CHR. GALIMBA: Council Member Onishi, the Director said, correct. In case you didn't hear. MR. ONIS I: Okay, I couldn't hear. So, then with this County facility which does not provide enough parking, could hurt these commercial developments if this bill passes. And so, I have a hard time on that because not all facilities that we have for Government, for County have efficient parking. So, for example, one major event down by Ho`olulu, everybody knows what event is that, the businesses surrounding those areas do charge. So, now Director, how would you folks deal with that situation, if this bill passes? MR. DARROW: You're speaking to a current process that's occurring? Page 25 PCPLUED-24 May 4,2026 MR. ONISHL Yes, but it's only during that certain event that these commercial owners are charging for parking. MR. DARROW: So, typically, the Planning Department operates on complaints. So, as you are aware of, we're limited on our inspectors on the island. When we do receive a complaint, an inspector will go and do an investigation. And if the particular complaint is found to be valid, they will issue a courtesy letter to try to achieve compliance. If a compliance is not achieved; then they would issue a violation notice. At this point, it sounds like what you're describing would not be a permitted use. MR. ONISHL Okay. So now, the owner could just close off the parking area, and that would then in return reduce less'p eking for that event. So, that's a problem again. So, you know, it's really hard but I would like to move this forward to the commission to find out how they feel. And so, I'll decide on how I'm going to vote on this. Thank you,T yield. ACTING CHR. GALIMBA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. So, I just>want to be clear, there's a group of individuals; business owners and technical people who have been working on some plans for the downtown Hilo Area for quite awhile. Some of the plans do include wanting to have some paid parking there. And so, for an area like Hilo, we want to encourage there to be enough parking for the downtown. And the concern is, I think what Council Member Onishi was kind of touching on there. If no paid parking is allowed,then people who have private lots can just say we're closing this to the public. We will not use it for the public at all, and that reduces the number of parking spots in the area. So,for Hilo, I'm,very concerned and I guess I just wanted to hear from other places like Waimea,Pahoa, Honoka`a, that may have future potential developments coming up that may want to consider some of these issues as well. If it's not appropriate to do that today, we can do it after it comes back. But that's kind of where I was going. I fully understand the issues over in Kona and that this is addressing an issue there;and it's really important to do that. I think in my mind the big question is, is this specific for Kona and not the rest of the island, or is it for the whole island and maybe not Hilo? So, those are the questions in my mind. That's where I was hoping to get a little more input from my colleagues, but maybe it's going to have to wait until it goes through the process. So anyway, that's it. I yield. ACTING CHR. GALIMBA: Anyone else? Seeing none, I just want to say that I won't be supporting this. I feel and I understand the intentions of it and the Page 26 PCPLUED-24 May 4,2026 problem that is addressing. I fully recognize that there was bad acting in certain parking lots in Kona. However, I feel that this is probably going to cause more problems than it's going to solve in the long run. So, I will not be supporting it. However, it probably will go to the Planning Commissions and get vetted there. So, a roll call,please. Vote on Motion The vote on the motion to refer Bill 154 to the Planning to Refer: Director and Planning Commissions pursuant to (Approved) Section 25-2-43(b), Hawaii County Code was carried by the following roll call vote: Ayes: Committee Members Hustace', Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball and Villegas 6. Noes: Committee Members Kagiwada, Onishi, and Acting Chair Galimba—3. Absent: None. Excused: None. MR. HENRICKS: The motion carries. Bill 154 will be referred to the Planning Director and Planning Commissions for their review and respective recommendations. ACTING CHR. GALIMBA: Thank you so much. And that brings us to the end of'our agenda, it is 12:08 p.m. The next committee will begin shortly. ADJOURN- There being no further business, Acting Chair Galimba adjourned the meeting MENT: at 12:08'pm,., Approved: Ms. Ashley L. Kierkiewicz, Chair (Date) Policy Committee on Planning, Land Use, and Economic Development AK/dt Page 27