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756100 Aul DRIVE PHONE (SOS) 3296753 <br /> (C)[ C36 <br /> KAILUA-KONA, HI 96740 CJV@ALOHA.NET <br /> ~rlr~ 3~ 7 ~ 7 <br /> March 7, 1997 ~1 4i rt <br /> l1 <br /> <br /> Counalman James Arakaki <br /> <br /> Chairman, Hawaii County Council <br /> <br /> 25 Aupuni Street <br /> Hilo, HI <br /> Dear Chairman Arakaki: <br /> <br /> Subject; Bill No. 371 Requires a County~xepared HRS Chapter 343 <br /> Environmental Assessment <br /> Bill number 371, which proposes to amend a portion of the General Plan from "Orchards" to <br /> "Resort', will violate Hawaii state law, unless an environmental assessment is first prepared <br /> by tl?e County, according to the requirements of Hawaii Revised Statutes (HRS) Chapter <br /> 343. These are the reasons: <br /> 1. This General Plan amendment is a County action, since it was initiated by the Planning <br /> Director pursuant to Section 315 of the Hawaii County Charter, and Section 6.4(b) of <br /> Ordinance 89-142 (which is, itself, the General Plan). <br /> 2. Further, this General Plan amendment is by definition an interim amendment. Section <br /> Cr4(b) of the General Plan, under which this proposal was initiated, is titled "Interim <br /> amendments". <br /> 3. Moreover, the language of Section 6-4(B)(4) of the General Plan, which applies <br /> specifically to Planning Director-initiated amendments, further distinguishes this as an <br /> interim amendment, and not an amendment pursuant to comprehensive review. <br /> 4. The Environmental Impact Statement (EIS) Rules, Section 11-200-5, define when <br /> environmental assessments are required for "Agency actions". Under these rules - <br /> which derive their authority from HRS Chapter 343 -the offices of the Planning Director, <br /> as well as the Mayor, are considered "agencies". The proposed General Plan <br /> amendment is therefore an "agency action", since it was initiated by the Planning <br /> Director, and is finalized by the Mayor. <br /> 5. EIS Rule 11-200-5(e) reads in relevant part: <br /> Any amendment to existing county general pians...where the amendment <br /> would result in designations other than agriculture, conservation or <br /> preservation requires an environmental assessment. (Actions by a county <br /> initiating a comprehensivoe review toward effectuating either a general plan <br /> or amendment thereof may be excepted). (emphasis added) <br /> Corr~? xa O ' 6 <br /> I~'Ile loo. ZNG~1cM <br /> ~rosent@d Co~~ n1c~ L <br /> };~f. To: <br /> Bpi. tom. MAR 7 1997 <br /> <br />