HomeMy WebLinkAboutCOM 0070.008 2004-2006 Phone: (808) 961-8263
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E-Mail: jacobsG)hgca.org
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HAWAI`1 COUNTY COUNCIL
(Yiuni~~ of Hawni'i
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February 15, 2005 '
Ceonty C'OVncil a
TO: Gary Safarik, Chair and Members of the Council
FROM: Bob Jacobson, Councilmember
RE: Bill 23 -Public Notification of Development
Chair Safarik asked me to respond to the concerns that were articulated at the January 20 Committee on
Planning review of Bi1123.
Hawaiian Rights
Bill 23 does not interfere with the ability of Hawaiians to exercise their customary and traditional rights on
private land. 'fhe bill does not include a provision for fencing or blocking access.
Timing of Notice
Planning Director Chris Yuen commented that it would be better to post notice after the department deems that
an application is complete. Technically, an application is a matter ofpublic record the day that it is submitted to
the planning department. Moreover, when the planning department deems an application is complete, the
application is considered accepted back to the date that it was filed. Amending Bill 23 to accommodate this
proposal will be problematic because applications for grading and plumbing permits as well as special
management area permits do not have processes for deeming the application complete. There is no reason that
notice to the public should be delayed.
Implementation
Draft 2 includes an amendment to ensure that an applicant certifies that notice has been posted.
Comm. No. 0 'g
Ref. To: Preser.~s<!
Ref. Uate
{e) No department board commission or agency shall approve an applicant's application
unless:
(1) the applicant certifies that notice was posted in a timely manner and
(2) for anv application that has a hearing t~pplicant certifies that neither the
applicant nor the applicant's agents removed the notice prior to anv hearin o~ n the
application.
Sign code
Signs posted pursuant to Bill 23 would not violate the sign code. The State Outdoor Advertising
Chapter provides that official notices and signs required to be posted by county ordinance are permitted.
HRS § 445-112. Similarly, the county's sign code (Chapter 3, adopted by Ordinance No. 04-142)
authorises the posting of signs where required by law (as Bill 23 would be), HCC § 3-8(a)(3).
Amending the Zoning, Subdivision and Grading Ordinances Rather than Amending Chapter 14.
Planning Director Chris Yuen commented that it would be better to separately amend the zoning,
subdivision and grading ordinances rather than creating a new article in chapter 14. Doing so would
ensure that civil service staff as well as members of the public are able to find all relevant requirements
in one place. This can be done, but would require three new bills to be introduced. It would lead to
tragmentation of the public notice requirements among at least three different chapters of the code. It
would mean that we would not have the benefit of a separate article in the code, with a purpose clause,
regarding public notice. If it is the Council's desire, three or more separate bills could be drafted.
Doing so would push adoption of any bill off by at least six months.