HomeMy WebLinkAboutORD 1974-036BILL NO. 1002
(as amended)
COUN`.CY OF HAWAII - STATE OF HAWAII
ORDINANCE NO. 3(,
AN ORDINANCE TO AMEND CHAPTER 8 (ZONING CODE), HAWAII COUNTY CODE,
AMENDING REGULATIONS FOR THE USE OF LAND AND STRUCTURES WITHIN EACH
OF THE VARIOUS DISTRICTS, SPECIFYING PROCEDURES FOR THE ADMINIS-
TRATION AND ENFORCEMENT THEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 8, Article 1, Section 3.20 through 3.23 is
hereby renumbered to Chapter 8, Article 1, Section 3.19 through 3.22.
SECTION 2. Chapter 8, Article 1, Section 3 is hereby amended by
adding thereto the following subsections:
"Section 3..23. CONDOMINIUM. A system of separate owner-
ship of individual residential units in a multiple-residential
building."
"Section 3.41. ENVIRONMENTAL IMPACT STATEMENT. A statement
which describes the physical, social, economic, and natural re-
source consequences of a proposed action, including but not
limited to a di:acussion of alternatives to the proposed action;
adverse environmental effects which cannot be avoided should the
proposal be imp:Lemented; the relationship between local short
term uses of man's environment and the maintenance and enhance-
ment of long-term productivity; any irreversible and irretrievable
commitments of :resources which would be involved in the proposed
action; and economic and social analysis of the proposed action."
"Section 3.153. PLAN APPROVAL. A method of allowing closer
inspection of all developments in certain zoning districts in
order to assure that the intent and purpose of this ordinance
are carried out."
"Section 3.154. PLANNED DEVELOPMENT PERMIT. A license
granted by the ]Manning Commission to allow the submission of
plans for a hotel and/or condominium development for Plan Ap-
proval."
SECTION 3. Chapter 8, :Article 5, Section 3-D is hereby amended
to read as Follows:
"D) Apartments, provided that for a multiple-family
dwelling unit which is considered a condominium, a Planned
Development Permit is secured from the Planning Commission."
SECTION 4. Chapter 8, Article 9, Section 3-A is hereby amended
to read as follows:
"A) Hotels, resorts, resort motel, condominium buildings,
and provided that a Planned Development Permit is secured from
the Planning Commission."
SECTION 5. Chapter 8, article 10, Section 3-J is hereby amended
to read as follows:
"J) Hotels, apartment-hotels and condominium buildings
provided the density shall not exceed one (1) rentable unit for
each 1,250 square feet of land area within the building site
and allocated for resort and accessory uses only; and provided
further that a 3?lanned Development Permit is secured from the
Planning Commission."
SECTION 6. Chapter 8, Article 11, Section 3-O is hereby amended
to read as follows:
"0) Any u:se permitted in a 'RM' district with a maximum
density of 1,250 square feet of land area per rentable or
dwelling unit; provided that a Planned Development Permit is
secured from tha=_ Planning Commission for a condominium building."
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SECTION 7. Chapter 8, Article 12, Section 3-Aa is hereby amended
to read as follows:
"Aa) Hotels, apartment-hotels and condominium buildings
provided the density shall not exceed one (1) rentable unit for
each 500 square feet of land area within the building site; and
provided further that a Planned Development Permit is secured
from the Planning Commission."
SECTION 8. Chapter 8, Article 22, Section 2 is hereby amended
by adding thereto subparagraphs B and C:
"B) No 'P:1an Approval' shall be given for any hotel and/or
condominium building unless a Planned Development Permit has been
secured from the Planning Commission under the provisions of
Chapter 8, Article 27, Section H; provided that any project which
has been granted preliminary approval prior to the effective date
of this ordinance is exempted from the requirements of the
Planned Development Permit."
"C) The Director may waive the 'planned development permit'
requirement for all renovation/addition to existing hotel and/or
condominium developments."
SECTION 9. Chapter 8, Article 27, Sections B and E are hereby
amended to read as follows:
"B. Whenever an application for an amendment to this Ordi-
nance or for a 'variance=_,' 'use permit,' 'plan approval,' or
'P.U.D.' has bean denied, no new application for the same relief
covering all or any portion of the property involved in the
original application shall be received by the Planning Commission
for a period of two (2) years from the effective date of the final
denial of the original application; provided, however, that upon
a showing of a :>ubstant:ial change of circumstances the Planning
Commission may permit the filing of such new application prior
to the expiration of such two (2) year period. Nothing contained
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herein shall prevent the County Council or the Planning Com-
mission from at any time initiating any proceedings which either
of said bodies may initiate pursuant to this Ordinance."
"E. An Application for any administrative action may
include a request for a lesser action without payment for any
additional filing fee provided that any notice of any required
hearing shall contain information relating to the total requested
or contemplated action.
"1) Each action in following list shall be a
lesser action than any which precedes it: 'P.U.D.,' 'variance,'
'use permit,' 'planned development permit,' 'plan approval,'
'sign approval."'
SECTION 10. Chapter 8, Article 27, is hereby amended by adding
thereto Section H:
"H. Planned Development Permit.
"1) 'Planned Development Permits' may be issued by the
Planning Commission as required for uses for which a 'planned
development permit' is necessary.
"2) Application for a 'planned development permit'
shall be as follows:
"a. The application shall be on a form prescribed
for this purpose by the Planning Commission and shall
be accompanied by:
"(1) A filing and processing fee of
one hundred dollars ($100.00).
"(2) A description of the property in
sufficient detail to determine the precise
location of the property involved.
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"(3) A plot plan of the property, drawn to
:scale, with all proposed structures shown thereon
:and any other information necessary to make a
proper determination of the request.
"(4) Twenty-five (25) copies of an environ-
mental impact statement as defined herein. More
copies may be requested by the Director to assure
ample public reviewing opportunity.
"(5) Any other plans or information required
by the PLanning Commission.
"b. The content and scope of the environmental
impaci~ statement shall be determined as follows:
"(1) The applicant shall submit the information
required in a. (2) (3) above to the Planning Di-
rector.
"(2) The Director shall review the information
in comparison to the General Plan to determine
the kind of an impact statement required of the
;applicant, major or minor statement. The Di-
rector shall also state the areas of critical
environmental concerns to delineate the scope
of the environmental impact statement.
"(3) The Director shall determine the environ-
mental impact statement requirement within twenty-
one (21) days of the date of receipt of the request.
Failure to act within the required time shall con-
stitute a decision by the Director to accept a
minor statement.
"(4) The outline and guidelines for developing
.a major or minor statement shall be made available
to the public by the Planning Department.
-S-
"c. The Planning Commission shall conduct a
public hearing after thirty (30) but within sixty
(60) days from the receipt of a properly filed
application. Notice of the public hearing and its
purposes shall be published at least twice in a
newspaper of general circulation in the County,
once at least: ten (10) days prior to the date of
said hearing and the second at least two (2) days
prior to said hearing.
"d. The' Director shall review the application
and provide a staff report to the Planning Commission.
The Director shall distribute and coordinate the
environmental impact statement and its comments.
"e. The Planning Commission shall evaluate the
environmental. impact statement including an analysis
of the manner in which nearby properties are used,
the character of the area and community, the needs
of the people, and any other pertinent factors. The
Planning Commission may attach reasonable conditions
to the permit. deemed necessary to assure compatibility
with the General Plan and Section 3-16 of the County
Charter and the minimization of any adverse social
and environmental impact.
"f. If the Planning Commission determines that
the proposed hotel and/or condominium use will conform
to the intent of the General Plan and other related
ordinances, it shall grant the Planned Development
Permit provided that no structure or improvement
pertaining tc the proposed use shall be permitted
until 'plan approval' has been secured.
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"g. The Planning Commission shall not act on
the application prior to fifteen (15) days after the
public hearing but within a reasonable time thereafter.
"h. In she event the Planning Commission fails
to schedule the public hearing within the required
time or such :Longer period as may have been agreed
to by the app:icant, then the Director shall certify
such application as approved and shall so notify the
applicant.
"i. No new application for the subject area
shall be filed within one (1) year from the date of
the Commission's action unless the applicant proves
that t:he conditions and/or circumstances have changed
substantially since the initial action; provided, no
new application shall be processed prior to six (6)
month:; from the date of the Commission's action.
"3) E'or buildings constructed after the effective date
of this ordinance and for which a 'planned development permit'
was not required due to classification other than condominium,
a 'planned development permit' shall be required prior to
the approval of any such use conversion.
"4) Final action of the Planning Commission may, within
fifteen (1`.) days after such action is taken be appealed in
writing to the Planning Board of Appeals.
"a. Said appeal shall be accompanied by a filing
fee of` ten do=lars ( $10.00) .
"Y>. Said appeal shall set forth the basis of such
appea]. and shall specifically detail the manner in
which it is alleged that the Planning Commission has
erred in making its determination.
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"c. The Board of Appeals, upon receipt of such
appeal, shall set the matter for a hearing. Notice
of the hearing shall be mailed at least ten (10)
days ~orior to such hearing to the appellant, the
Planning Commission, either by mail or in person.
"d. Within sixty (60) days after the filing of
such appeal, the Board of Appeals shall affirm,
modify or reverse the action from which the appeal
was taken."
"5) :Final action of the Planning Board of Appeals
may, within fifteen (15) days after such action is taken,
be appealed in writing to the Hawaii County Council.
"a. Said appeal shall be accompanied by a
filing fee of ten dollars ($10.00).
"b. Said appeal shall set forth the basis of
such ,appeal and shall specifically detail the manner
in which it is alleged that the Planning Board of
Appeals has erred in making its determination.
"c. The Hawaii County Council, upon receipt of
such ;sppeal, shall set the matter for a hearing.
Notice of the hearing shall be served at least ten (10)
days prior to such hearing to the appellant, the Planning
Commission and the Planning Board of Appeals, either by
mail or by personal delivery.
"d. The Hawaii County Council shall sustain an
appeal only if the Council finds that the action of the
Director, Planning Commission, or Planning Board of
Appeals was based on an erroneous finding of a material
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fact or that the Director, Planning Commission, or
Planning Board of Appeals had acted in an arbitrary
or capricious manner or had manifestly abused his
or it;; discretion.
"e. Within sixty (60) days after the filing of
such ,appeal, the Hawaii County Council shall affirm,
modify or reverse the action from which the appeal
was taken. The decision of the Hawaii County Council
shall be final.
SECTION 11. Chapter 8, Article 1, Section 6 is hereby amended
in its entirety to read as follows:
"SECTION 6. AMENDMENTS
"This Chapter may be amended by changing the boundaries
of districi~s or by changing any other provision hereof when-
ever the public necessity and convenience and the general
welfare rec;uire such amendment."
"SECTION 6..01. WHO CAN INITIATE. An amendment may be
submitted by:
"A. The Coun*_y Council
"B. `Phe Planning Director
"C. Owner(s) of the property."
"SECTION 6..02. PROCEDURE
"A. .[n considering an amendment which proposes to
change the district classification of any property, the
Planning Director shall consider the purposes of the
existing and proposed district and the purposes of this
ordinance and shall recommend no change in any district
boundary which does not result in a more appropriate land
use pattern that wall further the public necessity and
conveniencf=_ and the general welfare.
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"1) The Planning Director may deny the proposed
amendments or recommend its approval to the County
Council with the approval of the Mayor through the
Planning Commission subject to conditions which would
furth~=r the intent of this ordinance and the General
Plan ,and other related ordinances.
"2) In the event the Planning Director recommends
the approval of the proposal, the proposal shall be
forwarded to the Planning Commission for its review
and r~acommendation to the County Council.
"B. iJpon receipt of the change of zone request from
the Planning Director, the Planning Commission shall hold
at least one public hearing.
":L) At least ten (10) days prior to the public
hearing, the Planning Commission shall
thereof by publishing at least once in
of general circulation in the County,
and palace of such hearing, its purpose
of any property which may be involved.
"2) The Planning Commission shall
give notice
a newspaper
the time, date
and a description
also give
additional notice by mailing, at least ten (10) days
prior to the scheduled date of such hearing, a written
notice of the time, date and place of such hearing,
its purpose and a description or sketch of the pro-
perty involved to the owners of all property within
three hundred (300) feet of the affected property
as well as to owners of all property described in the
petition; provided, however that any failure to mail
or to receive written notices as aforesaid, shall not
invalidate any proceedings for amendment of this
ordinance.
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"3) Within a reasonable time after the conclusion
of the public hearing, the Planning Commission shall
recommend the approval or disapproval of any proposed
amendment and shall file a report of its findings and
action taken with the County Council.
"C. Ln the event the Planning Director denies a pro-
posed amendment, the decision is final except that the
petitioners within fifteen (15) days after such action may
in writing appeal such decision to the County Board of
Appeals. '.Che Rules and Regulations governing the Adminis-
trative Procedure of the Board of Appeals shall be adhered
to.
"D. Application for a change of zoning district and
any other provisions of this ordinance shall be on a form
prescribed by the Director and shall be accompanied by:
".L) A filing and processing fee of one hundred
dollars ($100.00).
"'1_) A description of the property in sufficient
detail to determine its precise location.
"3) A plot plan of the property, drawn to scale
with all proposed structures shown thereon and any
other information necessary to a proper determination
relative to the specific request.
"4) Any other plans or information requested by
the Planning Director or Planning Commission; pro-
vided that all proposed amendments involving the
construction of hotel and/or condominium developments,
shall require the submission of an environmental
impact: statement."
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SECTION 12
This ordinance shall take effect upon its approval.
INTRODUCED BY:
/d'71'f.6lJ ~\
Councilman, County of Hawaii
Hilo, Hawaii
Date of Introduction
Date of Adoption:
Date Effective:
June 20, 1973
May :LS, 1974
June 5, 1974
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Hilo, Hawaii
Date: June 20, 1973
FIRST READING
AYES NOES A/E
Car enter X
De Luz X
Farias
Fujii y~
Hisaoka X
Kawahara X
Matayoshi X
Yadao X
Chr. Yamada X
9
Publication Date: Jung l6, 1973
Hilo, Hawaii
Date: Mav 15. 1974
SECOND & FINAI READING
AYES NOES A/E
Carpenter X
De Luz X
Farias X
Fujii X
Hisaoka X ',
Kawahara X
Matayoshi X
Yadao $
Chr. Yamada X
6 2 1
Publication Date:
We do hereby certify that the foregoing BILL was adopted by the County Council and published
as indicated above.
APPROVE
Aa ,o FORM
Council Chairman
~~(:0."JS~Y
cou Nir .,* gewAll
axle:
Appnveed/Dis~a7~pproved ih is_ ~ 2 "`~ day of
County Clerk
~~-- -~ ~
Mayor, County of Hawaii
1002
Bill No. _
Reference: JCR-8 (AVIC/PRDC )
M.B. No. ~
Ord. No. ~`>
ORDINANCE NO. 36
(Amended,Bill No. 1002-1974)
AN ORDINANCE TO AMEND CHAPTEIj 8 (ZONING CODE), HAWAII COUNTY CODE,
AMENDING REGULATIONS FOR THE ,USE OF LAND AND STRUCTURE'S WITHIN EACH
OF THE VARIOUS DISTRICTS, SP$CIFYING PROCEDURES FOR THE ADMINISTRATION
AND ENFORCEMENT THEREOF.
Date Approved: May 15, 1974
Date Effective: June 5, 1974
Copies of the foregoing Ordinance, in full, are on file in the Office
of the County Clerk f`or use and examination by the public.
I hereby certify that: the foregoing Ordinance passed upon reconsidera-
tion after veto, pursuant to Section 3-13, County Charter, County of
Hawaii, at the meeting of the County Council on June 5, 1974, by the
following aye and no vote:
AYES: Councilmen Carpenter, De Luz, Farias, Fujii, Hisaoka,
Yadao and Chairman Yamada - 7.
NOES: Councilmen Kawahara and Matayoshi - 2.
~~~c~-~E=a~
COUNTY CLERK
COUNTY OF HAWAII
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tn< tolNwlni iy1FaM no TiN:
AYES: Coundl~l CAfpfA1R, M Lux.
iaq<f, iu1P, NI<Aiki. VitliO SRO,
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TAOASiN ;(12U'KI'
COUNTY CL6RR
.COUNTY Oi NAWAII '
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OFFICE OF TAE MAYOR - county of hawaii, hllo, hawaii 86720
SNUNICNI KIMURA
M A Y O R
May 29, 1974
Honorable Robert M. Yamada
Chairman, County Council
County of Hawaii
Hilo, Hawaii 96720
Dear Mr. Yamada:
Re: Bill No. 1002 (As Amended)
-This administration has reviewed the subject legislation
adopted by the County Council on May 15, 1974. We have found
the Council's action to be consistent with the mandates of our
County's General Plan and concur with the spirit of the Council's
legislation.
I commend the Council for initiating the implementation
of the following General Plan policies:
1. The County of Hawaii shall encourage the development
of a visitor industry which is consistent with the
social, physical, and economic goals of the residents
of the County.
2. The County shall require a study.of the total social
and physical impact of large developments prior to
approval. (General Plan, p. 10)
I further concur with the Council's intent to correct any
existing inconsistencies between the County's Charter and the
County Code and applicable rules and regulations.
However, I concur with the opinion of the Corporation
Counsel that the amendment appointing the County Council as an
appellate body violates Section 3-1 of the Hawaii County Charter.
Therefore, I must veto Bill No. 1002, as amended, in its present
form.
` To: Council
Honorable Robert M. Yamada -2- May 29, 1979
This administration looks forward to implementation of
a Quality Growth Bill without the appointment of the County
Council as an appellate body.
Very truly yours,
BR C P1C CALL ~
Mayor
Enclosure
®~~
FROM THE OFFICE OF THE
CORYORA'I'ION COUNSCL
COUNTY OF HAWAII
HILO, HAWAII 96720
May 29, 1974
TO:
FROb1:
SUBJBCT:
Mayor Bruce DicCall
C1if:Eord H. E. Lum
Corporation Counsel
Bill tdo. 1002, as amended
You have :requested our opinion on Bill 1002, as amended,
as to the following questions:
1. Flhether or not Sec. 11 of Bill 1002, as ascended,
amending Chapter 8, Article 1, subsection 6.01 of the Iiawaii
County Code, i:s to be interpreted that the County Council can
initiate zoning or rezoning amendments to the County Coce.
2. Whether or not Sec. 10 of Bill 1002, as amended,
amending Chapter 8, Article 27, subsection II I,y adding
subparagraph (5) is contrary to Chapter 4, section 5-4.4 of
the Hawaii County Charter.
3. Whether or not Sec. 10 of Bill 1002, as amended,
amending Chapter 8, Article 27, subsection Y,, by adding
subparagraph (5) is contrary to Article III, Sec. 3-1 of the
Hawaii County Charter.
Answering your questions numerically, we answer in the
negative as to question one.
Sec. 11 of Bill 1002, as amended, amending Che.pter 8,
Article 1, subsection 6.O1 of the Ilawaii County Code states
in pertinent part:
"Who Can Initiate. An amendment md~be submitted
Ay. The County Council" lemphasis added)
TO: t4ayor Bruce t±cCall -2-
May 29, 1974
Though subsection 6.01 implies that the County Council
can initiate zoning amendments, the effect of this section
must~be construed in light of the language of the Charter and
ordinances as a whole.
Initiate as used in the Charter and the County Code may
have severalmeanings. It may be construed as an introductory
step or action, a first novel or it may also mean propose for
approval.2
It is our opinion that the word initiate, used in
conjunction with the phrase may be suhmttc~a as contained in
subsection 6.01 is to be construed es a proposal submitted for
approval. Great credence is given to our uiLerpretatfon when
subsection 6.01 is construed together with subsection 6.02
where the Planning Director considers the proposals, denies
or recommends anproval, and the prcrosals approved are
forwarded to the Fl.anning Commission for its review and
recommendation(s) to the County Council. The Planning
Commission is required to hold a public hearing on the
proposal(s).
The Hawaii County Charter states:
"No public improvement or project, or subdivision
or zoning ordinance, shall be initi.atcd or adopted unless
the same conforms to and implements the general clan."3
(emphasis added)
Further, the Charter places the responsibility of
preparing all proposed zoning and subdivision ordinances,
zoning maps and regulations and any amendments or modification s_
thereto on the Planning Director.~fore, u- nos the
zoning ordinance and any amendments thereto conform to and
implement the general plan, the Planning'Director cannot
allow it to be initiated. The Planning Director is a1so5
charged with i:he administration of the zoning ordinance.
1 Fieldston Garden Apartments v. City of tI.Y., 145 N.Y.S.2d 907.
2 Idaho Power Co. v. Thompson, 19 F.2d 547.
3 Sec. 3-16(b), Hawaii County Charter.
4 Sec. 5-4.2(c), Hawaii County Charter.
5 Sec. 5-4.2(e), Hawaii County Charter.
Tp: Mayor Bruce McCall -3- May 29, 1974
Nle are of the opinion, therefore, that subsection 6.01
allows the County Council to submit a proposal or request for
amendment and the Planning Director, pursuant to Charter
requirements and subsection 6.02, must determine whether or
not the propo~~ed zoni~tg amendment conforms to or implements
the general plan.
As to question ttvo, we answer in the negative. Chapter 4,
Section 5-4.4 of the ]lawaii County Charter provides:
"EOard ox~f At>~ eals. The board of appeals shall
consist of five rer•.~ber who shall be appointed by the
mayor s•~it:h the apnrova] of the council in the manner
prescribed in Ser_tion 13-4. The board of appeals shall
hear and determine appeals from the actions of the
director and planning commission in the ad^inistration
of the subdivision and zoning ordinances and any
regulation adoptr_d pursuant thereto. An appeal shall be
sustained only i:E the board finds that the action of
the director or planning commission was based on an
erroneous finding of a material fact or that the'
director or plamaing commission had acted in an
arbitrary or capricious manner or had manifestly
abused h'.i_s or its discretion."
The section noted above does not restrict the IIoard of
Appeals to being the only appellate body from the actions of
the planning director or planning commission. In theory,
other administrative appellate bodies may be created by
ordinance if :Lt be deemed necessary. Sowevcr, in practical
application, more than one administrative appellate body may
prove too cumbersome a procedure since the applicant also has
recourse to the courts if dissatisfied with the decision
rendered in h:Ls particular case.
"Courts may and can and do inquire into and determine
whether :zoning regulatory legislation is a valid
exercise of the police powers. Indeed, it has been
stoutly declared that no legislative action ran deprive
the courts of the!r constitutional right to inquire as
to whether legislative regulations transcend the rights
protected by the Constitution."0
6 McQuillan, Mun. Corp., Chap. XI-e
TO: Mayor Eruce McCall -4-
May 29, 1974
It is, thereforE+, our opinion that creation of another
appellate board does not in itself violate Chap. 4, Sec. 5-4.4
of the Hawaii. County Charter if it be detei~znined that by so
doing is in the best interest of the public and the County of
Iiawaii .
In answer to question three, we reply in the affirmative.
Art. III (Legislative Branch - County Council), Sec. 3-1
(Powers and l:unction~:) provides:
"The legislative powers of the county shall he
vested in the county council. Its pri::ary function shall
be legislation E:nd public policy formulation, as distinct
and serrate from the executive administration o~count
governmrnt.''~empha is s added
Sec. 3-9 of the County Charter states: "Actions of the
Council. Every legislative act of the council shall he by
ordinance. emnha~is ad-deci
Section 3-16 (General Plan), in pertinent part, provides:
"The county council shall adopt by ordinance a
general plan which shall et forth ti:e council's
policy f'or long--range comprehensive physical development
of the county...." (emphasis added)
Sec. 3-1.6(a) of the Charter provides:
"(a) The council shall enact zoning, subdivision,
and such other ordinanY--~~ceswhz.ch shall contain the
necessary provisions to carry out the purpose of the
general plan." (emphasis added)
It is to be noted, therefore, that the Charter provides
the council crith the power to legislate through the enactment
of ordinances as distinguished from execution or adminis- t'- ration
of the provie:ions of the ordinance. In t.~iie respect, we call
your attenticsn to Art. IV, Executive Eranr_h, General Provisions,
Sec. 4-1, Executive Power, which provides:
"The executive power of the county shall be vested
in and e:xerclseci by the executive branch, which shall
be headed by the mayor, except as otherwise provided by
this charter."
T0: Mayor Bruce McCall -5-
The language of the Charter states:
May 29, 1974
" ..The director shall be the administrative head of
the department and she h
(e} Be charged with the administration o£ the subdivision?
and zoning ordinances and regu ations a opte _thereunc;er."
Further, "The board of appeals shall consist of five members
who shall be appointed by the Mayor...."8
Municipal corporations ordinarily are vested with
legislative and execL~tive powers, the latter being sometimes
referred to as administrative or ministerial powers or ciuties.9
Legislative power, as distinguished from executive power, is
the authority to make laws, but not to enforce them, or
appoint the agents charged with the duty of such enforcement.l0
The legislature may not confer purely executive power on a
committee of its own members.ll
The crucial test: for determining what is legislative and
what is administrative has been said to be whether the
ordinance is one making a ne~v law, or one executing a law
already in ex.istence.l2 Legislative powers of a municipal
corporation a:re generally vested in the [county) council,
and the executive or administrative powers are generally
vested in the mayor and the heads of designated departments
and other officers created.or to be created by law.13
It is oc:r opinion that enforcement of Chap. S, Art. 27,
subsection H, subparagraph (5), as amended by Sec. 10 of
Bill 1002, a~; amended, would allow the County Council to
administer the law it enacted ar.d, therefore, contrary to
Art. IIT, Set:. 3-1 of_ the Hawaii County .Charter.
7 Chap. 4, Planning Dept., Sec. 5-4.?., Hawaii County Charter.
B Chap. 4, Scac. 5-4.4, Board of Appeals, Ilawaii County Charter.
9 McQuillan, Mun. Corp., Sec. 10.06.
10 Springer v. Government of the Philippine Islands, 275 U.S. 519.
11 Stockman v. Leddy, 55 Colo. 24,.129 P. 220.
12 Read v. Scottsbluff, 139 Loeb. 418, 297 AiW 669.
13 McQuillan, Mun. CorP., Secs. 9.09 - 9.21.
TO: Mayor Bruce FtcCall -6- May 29, 1974
We, therefore, recommend that Bill 1002, as amended, be
vetoed and it: be suggested to the Council that subparagraph
(5) of subsection H, Article 27, Chapter &, be deleted from
Sec. 10 of Bill 1002„ as amended.
~---_.r
~~~~1'c'^'~"~'~. ztT.r~ ' f :~K7
cLxFFOiiD x. F'. Lu;~
Corporation Counsel
CI3FL : pa
cc:~ounty Council
Planning Director
Hilo, Hawaii
Date: June 5, 1974 pate:
FIRST READING
AYES MOES A/E
Car enter x
De Luz
Ferias x
Fujii x
Hisaoka x
Kawahara x
Matayoshi x
Yadao x
Chr. Yamada x
SECOND & FINAL READING
AYES NOES A/E
Carpenter
De Luz
Ferias
Fujii
Hisaoka
Kawahara
Matayoshi
Yadao
Chr. Yamada
Publication Date:
Publication Date:
We do hereby certify thaT the foregoing BILL was adopted by the County Council and published
as indicated above.
Approved/Disapproved this day o4
-, 19 _.
Mayor, County of Hawaii
__
Council Chairman
~~
County Clerk
Bill No. 1002
Reference: __._. . - _-
M.B. No.
Ord. No.
SECTION 7. Chapter 8, 1l,rticle 12, Section 3-Aa is hereby amended
to read as follows:
"Aa) Hotels, apartment-hotels and condominium buildings
provided the density shall not exceed one (1) rentable unit for
each 500 square feet of land area within the building site; and
provided £urthex~ that a Planned Development Permit is secured
from the Planning Commission."
SECTION 8. Chapter 8, Article 22, Section 2 is hereby amended
by adding thereto suk~paragrag~hs B and C:
"B) No 'Plan Approval' shall be given for any hotel and/or
condominium building unless a Planned Development Permit has been
secured from the Planni~hg Commission under the provisions of
~:
`~ Chapter 8, Article 27, Section H."
"C) The Director may waive the 'planned development permit'
requirement for all renovation/addition to existing hotel and/or
condominium developments."
SECTION 9. Chapter 8, Article 27, Sections B and E are hereby
amended to read as follows:
"B. Whenever an application for an amendment to this Ordi-
nance or for a 'variance,' 'use permit,' 'plan approval,' or
'P.U.D.' has been denied, no new application for the same relief
covering all or any portion of the property involved in the
original application shall be received by the Planning Commission
for a period of two (2) years £rom the effective date of the final
denial of the original application; provided, however, that upon
a showing of a substantial change of circumstances the Planning
Commission may permit tie filing of such new application prior
to the expiration of such two (2) year period. Nothing contained
-3-
"c:. The Board of Appeals, upon receipt of such
appeal., shall set the matter for a hearing. Notice
of the' hearing shall be mailed at least ten (10)
days prior to such hearing to the appellant, the
Planning Commission, either by mail or in person.
"d. Within sixty (60) days after the filing of
such appeal, the Board of Appeals shall affirm,
modify or reverse the action from which the appeal
,(c~' r -L /,. ,l~•. was taken. ~.
C.~ 1• ~ ; ,
SECTION 11. Chapter 8, Article 1, Section 6 is hereby amended
in its entirety to read as follows:
"SECTION 6.. AMEND7dENTS
"This Chapter may be amended by changing the boundaries
o£ districi,s or by changing any other provision hereof when-
ever the public necessity and convenience and the general
welfare require such amendment."
"SECTION 6..01. WHO CAN INITIATE
submitted try:
"A. The County Council
"B. The Planning Director
An amendment may be
"C. Owner(s) of the property."
"SECTION 6..02. PROCEDURE
"A. [n considering an amendment which proposes to
change the district classification of any property, the
Planning Director shall consider the purposes of the
existing and proposed district and the purposes of this
ordinance ,and shall recommend no change in any district
boundary which does not result in a more appropriate land
use pattern that will further the public necessity and
convenience and the general welfare.
-8-
~Y ~~
SHUNICHI KIMURA °~ ~~ CLIFFORD H. E LUM
MAYOR n• ~ CORPORATION COUNSEL
i
N
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
23 AUPU NI STREET
HILO. HAWAII 96]20
May 15, 1974
Honorable John Farias, Jr.
Councilman
County of Hawaii
Hilo, Hawaii 96720
Dear Mr. Farias:
Re: Amendment to Bill No. 1002
Pursuant to your request, attached is a proposed
amendment to Bill No. 1002 for your consideration.
Very truly yours,
•
F•O D F. LUM
Corpo 'on
CHFL:ds
Enclosure
cc: Council Chairman
Mayor
Planning Director
Proposed Amendment
Section 10. Chapter 8, Article 27, is hereby amended
by adding thereto Section H.
H. 5) Final action of the Planning Board of Appeals
may, within fifteen (15) days after such action is taken, be
appealed in writing to the Hawaii County Council.
a. Said appeal shall be accompanied by a filing
fee of ten dollars ($10.00).
b. Said appeal shall set forth the basis of such
appeal and shall specifically detail the manner in which
it is alleged that the Planning Board of Appeals has erred
in making its determination.
c. The Hawaii County Council, upon receipt of
such appeal, shall set the matter for a hearing. Notice
of the hearing shall be served at least ten (10) days prior
to such hearing to the appellant, the Planning Commission
and the Planning Board of Appeals, either by mail or by
personal delivery.
d. The Hawaii County Council shall sustain an
appeal only if tY:e Council finds that the action of the
Director, Planning Commission, or Planning Board of
Appeals was based on an erroneous finding of a material
fact or that the Director, Planning Commission, or
Planning Board ofd Appeals had acted in an arbitrary or
capricious manner or had manifestly abused his or its
discretion.
e. Within sixty (60) days after the filing of
such appeal, the Hawaii County Council shall affirm,
modify ox- reverse: the action from which the appeal
was takers. The decision of the Hawaii County Council
shall be final.
BILL NO. 1002
COUN'CY OF HAWAII - STATE OF HAWAII
ORDINANCE NO.
AN ORDINANCE TO AMEND ORDINANCE NO. 63 (ZONING ORDINANCE),
REVISED ORDINANCES OF THE COUNTY OF HAWAII 1967, AS AMENDED,
AMENDING REGULATIONS FOR THE USE OF LAND AND STRUCTURES
WITHIN EACH OF THE VARIOUS DISTRICTS, SPECIFYING PROCEDURES
FOR THE ADMINISTRATION AND ENFORCEMENT THEREOF.
BE IT ORDAINED 13Y THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 3-A is hereby amended in the following
particulars to :read as follows:
"72) Condominium: A system of separate ownership
of individual residential units in a multiple-residential
building.
"73) Environmental Impact Statement: A statement
which describes the physical, social, economic, and
natural re:aource consequences of a proposed action,
including but not limited to a discussion of alternatives
to the proposed action; adverse environmental effects
which cannot be avoided should the proposal be implemented;
the relationship between local short term uses of man's
environment and the maintenance and enhancement of long-
term productivity; any irreversible and irretrievable
commitment:> of resources which would be involved in the
proposed action; and economic and social analysis of the
proposed action.
"74) Plan Approval: A method of allowing closer
inspection of all developments in certain zoning districts
in order to assure that the intent and purpose of this
ordinance +sre carried out.
"75) Planned Development Permit: A license granted
by the Planning Commission to allow the submission of
plans for a hotel and/or condominium development for Plan
Approval."
SECTION 2. Section 11-B (4) is hereby amended to read as
follows:
"4) Apartments, provided that for a multiple-family
dwelling unit which is considered a condominium, a
Planned Development Permit is secured from the Planning
Commission. "
SECTION 3. Section 15-B(1) is hereby amended to read as
follows:
"1) Hotels, resorts, resort motel, condominium
buildings, and provided that a Planned Development
Permit is secured from the Planning Commission."
SECTION 4. Section 16-B(10) is hereby amended to read
as follows:
"10) Hotels, apartment-hotels and condominium
buildings provided the density shall not exceed one (1)
rentable unit for each 1,250 square feet of land area
within the building site and allocated for resort and
accessory uses only; and provided further that a
Planned Development Permit is secured from the Planning
Commission . "
SECTION 5. Section 17-B(15) is hereby amended to read
as follows:
"15) Any use permitted in a 'RM' district with a
maximum density of 1,250 square feet of land area per
-2-
rentable or dwelling unit; provided that a Planned
Development Permit is secured from the Planning Commission
for a condominium building."
SECTION 6. Section 18-B(27) is hereby amended to read
as follows:
"27) Hotels, apartment-hotels and condominium
buildings provided the density shall not exceed
one (1) rentable unit for each 500 square feet of
land area within the building site; and provided
further that a Planned Development Permit is secured
from the Planning Commission."
SECTION 7. Section 32-B is hereby amended by adding
thereto a new subparagraph:
"2) ivo 'Plan Approval' shall be given for any
hotel and/or condominium building unless a Planned
Development Permit has been secured from the Planning
Commission under the provisions of Section 35-H."
SECTION 8. Sections 35-B, C, E(1) are hereby amended to
read as follows:
"B. Whenever an application for an amendment
to this Ordinance or for a 'variance,' 'use permit,'
'planned dc~velopment permit,' 'plan approval,' or 'P.U.D.'
has been dc~nied, no new application for the same relief
covering a:Ll or any portion of the property involved in
the original application shall be received by the
Planning Commission for a period of two (2) years from
the effect'Lve date of the final denial of the original
application; provided, however, that upon a showing of
a substantLal change of circumstances the Planning
-3-
Commission may permit the filing of such new application
prior to tine expiration of such two (2) year period.
Nothing contained herein shall prevent the County Council
or the Planning Commission from at any time initiating
any proceedings which either of said bodies may initiate
pursuant to this Ordinance."
"C. ~~henever any 'variance,' 'use permit,' 'planned
development permit,' 'plan approval,' or sign approval not
otherwise conditioned has not been utilized within a
period of two (2) years from the date of final approval,
then without any further action such 'variance,' 'use permit,'
'planned development permit,' 'plan approval,' or sign
approval shhall become voided and thereafter may not be
used."
"E. .An Application for any administrative action
may include a request for a lesser action without
payment for any additional filing fee provided that
any notice of any required hearing shall contain
information relating to the total requested or
contemplated action.
"1) Each action in the following list shall
be a lesser action than any which precedes it:
P.U.D., 'variance,' 'use permit,' 'planned
development permit,' 'plan approval,' sign approval."
SECTION 9. Section 35 is hereby amended by adding thereto
a new subparagraph:
"H. Planned Development Permit.
"1) 'Planned Development Permits' may be issued
by the Planning Commission as required for uses for which
a 'planned development permit' is necessary.
-4-
"2) Application for a 'planned development permit'
and the procedural handling shall be precisely similar
for an application for a 'variance' as set forth in
Section 36 of Ordinance No. 63, except as follows:
a. The Planning Commission shall require
the submission of an environmental impact statement
as a part of the application;
b. The Planning Commission shall evaluate the
environmental impact statement including an analysis
of the manner in which nearby properties are used,
the character of the area and community, the needs
of the people, and any other pertinent factors.
The Planning Commission shall also attach conditions
to the permit as are deemed necessary to assure
compatibility with the General Plan and Section 3-16
of the=_ County Charter and the minimization of
any adverse social and environmental impact.
r. If the Planning Commission determines
that the proposed hotel and/or condominium use
will :Fulfill the intent of the General Plan and
other related ordinances, it may grant the Planned
Development Permit provided that no structure or
improvement pertaining to the proposed use shall
be permitted unless or until 'plan approval' has
been secured therefor.
d. If the applicant proves that there have
been a substantial change of circumstances, the
Planning Commission may permit the filing of a
new application prior to the expiration of the
-5-
two (2) year period provided that no application
may be processed prior to six (6) months from the
date of the last hearing.
"3) Guidelines for environmental impact statements
affecting hotel/condominium developments shall be made
available to the public by the Planning Department."
SECTION 10. Section 38 is hereby repealed and the following
provisions are substituted therefor:
"Section 38. AMENDMENTS
"A. 'This ordinance may be amended by changing the
boundaries of districts or by changing any other provision
hereof whenever the public necessity and convenience and
the general welfare require such amendment.
"B. Request for amendment may be submitted by:
"1) 'The County Council
"2) 'The Planning Director
"3) Owner(s) of the property.
"C. In considering an amendment which proposes
to change the district classification of any property,
the Planning Director shall consider the purposes of the
existing and proposed district and the purposes of this
ordinance and shall recommend no change in any district
boundary which does not result in a more appropriate
land use pattern that will further the public necessity
and convenience and the general welfare.
"1) 'Phe Planning Director may deny the proposed
amendments or recommend its approval to the County Council
with the approval of the Mayor through the Planning Commission
subject to conditions which would further the intent of this
ordinance ;snd the General Plan and other related ordinances.
-6-
"2) In the event the Planning Director recommends
the approval of the proposal, the proposal shall be
forwarded to the Planning Commission for its review
and recommendation to the County Council.
"D. Upon receipt of the change of zone request from
the Planning Director, the Planning Commission shall hold at
least one public hearing.
"1) At least ten (10) days prior to the public
hearing, the Planning Commission shall give notice thereof
by publishing at least once in a newspaper of general
circulation in the County, the time, date and place of
such hearing, its purpose and a description of any
property which may be involved.
"2) The Planning Commission shall also give
additional notice by mailing, at least ten (10) days
prior to the scheduled date of such hearing, a written
notice of the time, date and place of such hearing, its
purpose and a description or sketch of the property
involved to the owners of all property within three
hundred (300) feet of the affected property as well
as to owners of all property described in the petition;
provided, however that any failure to mail or to receive
written notices as aforesaid, shall not invalidate any
proceedings for amendment of this ordinance.
"3) Within a reasonable time after the conclusion
of the public hearing, the Planning Commission shall
recommend the approval or disapproval of any proposed
amendment and shall file a report of its findings and
action taken with the County Council.
-7-
"E. In the event the Planning Director denies a
proposed amendment, the decision is final except that the
petitioners within fifteen (15) days after such action
may in wriL`ing appeal such decision to the County Board
of Appeals., The Rules and Regulations governing the
Administrative Procedure of the Board of Appeals shall
be adhered to.
"F. P,pplicati.on for a change of zoning district
and any other provisions of this ordinance shall be on a
form prescribed by the Director and shall be accompanied
by:
"1) A filing and processing fee of one hundred
dollars ($100.00).
"2) A description of the property in sufficient
detail to determine its precise location.
"3) A plot plan of the property, drawn to scale
with all proposed structures shown thereon and any
other information necessary to a proper determination
relative to the specific request.
"4) Ariy other plans or information requested
by the Planning Director or Planning Commission;
provided that all proposed amendments involving the
construction. of hotel and/or condominium developments,
shall require the submission of an environmental
impact statement."
SECTION 11. In the event that any portion of this ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
-8-
SECTION 12. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
~~
COUNCILMAN, COUNTY O
Hilo, Hawaii
Date of Introduction: ~fune 20, 1973
Date of Adoption:
-9-
Bill No. 1002 - 1973
AN ORDINANCE TO AMEND ORDIIANCE NO. 63 (ZONING ORDINANCE),
KEVISED ORDINANCES OF THE COUNTY OF HAUdAII 1967, AS AMENDED,
AMENDING REGULATIOPJS FOR THE USE OF LAND AND STRUCTURES
61ITHIN EACH OF THE VARIOUS DISTRICTS, SPECIFYING PROCEDURES
FOR THE ADMINISTRA'CION AND ENFORCEMENT 'PHEREOF.
This Bill amends `Coning Ordinance No. 63 by amending the
regulations for the use of land and structures within each of
the various districts, spe~:ifying procedures for the administration
and enforcement thereof, and reads as follows:
(copy attached - Bill 1002)
Date Introduced:: June :?0, 1973
Copies of the foregoing Bill, in full, are on file in the
Office of the Couni_y Clerk for use and examination by the public.
I hereby certify that the foregoing Bill passed first reading
at the meeting of i:he Coun.y Council on June 20, 1973, by the
following aye and too vote:
AYES: Councilmen Carpenter, De Luz, Farias, Fujii, Hisaoka,
Kawahara„ Matayos~hi, Yadao and Chairman Yamada - 9.
iQOES: None.
COUNTY CLERK
COUNTY OF HAWAII
AFFIDAVIT OF PUBLICATION
State of Hawaii )
County of Hawaii ~ SS:
LEILANI K. R. HIGAKI
duly sworn, deposes and says:
1• That she is the
newspaper published in the City
State of Hawaii.
being
ASSISTANT OFFICE MANAGER
HAWAII TRIBUNE-HERALD, LTD, of
of HILO a
2. That the " NJt_ TIFF' PiJALIC ?Ig,,;3ING~~,lality Growth Polic
Indus= ~1n,m~P ~j, Y for Visitor
111. 1(K)2
---~---", of which a clipping from the newspaper
as published is attached hereto, was published in said newspaper on the following
date(s)~~ 5 ~.
19 73 (etc.).
cl~e-cu
~ ~' ~ ~t
Subscribed and sworn to before me
this ~~'-^ Jul
-------day of y
~.~,~~~t~ ~ -x_,19 73,
C'~-'ec'-L-Sir \ ~ti TT _
:~otar P ~~ \
Y ublic, Third Circuit,
State of Hawaii
My commissio^ expires JAN 1 ~ I9/i
~m a~
v
Y
OFFICE INFORMATION ONLY
Meeting: AP~1 17 ~ 1974
Action: Defer (Mx'. Bisaoka r~quested opportunity to compare with
the Bill passed by the Legislature.)
Re: Bill 1002, ae
OFFICN: IIVFORMA'fION ONLY
Meeting: ApTll 17, 1974
Aaliuri; ;_I ri :, [n_ t.t_r.. ,n :,_. . L. rs°_.i.. ~.c.9 ' ~ --:r_5 t. .>Hin ..
k~'~ Bill 1002, as amended/~'CR-19
v
r
~~
OIFFICE OF THE COUNTY CLERK
HAWAII COUNTY BUILDING
COUNTY OF HAWAII
HILO, HAWAII 96720
December 1y, 1973
To: pLtll~RVIPdG COAgdISSION
Re: Amended Bill 1002
The following is the aLCtion of the Hawaii County Council adopted at
its meeting held today
Refer fiill 1002, as amended, to the
PJ'_anning Cammiasion for consideration and
r<:commendation prior to second and final
re:adir~ by the Council.
COUNTY CLERK
ec: Planning Dept.
Refer: Bill 1002/'C-324.8
SNUNICtiI KIMU'~A ~'
MAYOR `~ ~.~)J'~~I
' • 'Q.~.i
~ ~
.!
..~
1 I .. r sue/
F
CO' NTY OF HAWAII
OFFICE OF ~I-+E COR PO R.:TION COUNSEL
AUPUNI <TwEET
.LC'L. HAWAII 96]20
June 1, 1973
Honorable Robert h4. Yamada
Chairman, County Council
County of va:.aii
Hilo, Hawaii '?6720
Dear Mr. Yamada:
CLIFFORD M. F. LUM
CORPORATION COUN]G~
Re: ual'._ty Grol•~th ?oli cv for Visitor Industry
• The joint cor:,mittge of the planning L'epartment and the
Office of the Corporation Counsel to •r~hich :•n_s referred the
subject entitled "Quality Grozrth policy for Visitor Industry,
County of :ia::'aii" begs leave to report as follo:•~s
The purpose of the request from Council:cea Fujii and
Farias ':ras to establish a ooLcv for an orderly oro:•rth of
the Big Island':; visitar indust_v, olacira t^e emphasis on
quality aro:a h =and sir..ultaneously ~Tplementinc ~e General
Plan (Ordinance X39) arud Section 3-l0 of the County Charter.
Your joint cofnmittee has fcr^aLzed tr:o documents
entitled: " Ou_'ism - Guideli:les r Ievala^:':ent" and
"Enviror.^ent=l _.-:pact Gitate^ent G::i deL-les - =:.' el/Condo-; ^ ..:-
Develop~•lent_" a.a annex; hereto CC`)i c5 Of tale a: OV2 dOCU.^..ent5,
the conte:.ts of '.~hi ch are incorpcrated herein dy re'ere.^.ce.
YOUT joint Co[^.mi tt2e 1s ' n aCCOrd '~/itl t:1e Intent and
purpose of the attached ordinance '.:hiCh reflects the intent a^~
purpose Of th2 2COVe-StFteQ aUi: e~i.^•e5] =nd reC.^.-L~lefld t at t1c
ordinance be placed on the calendar for first reading.
~ ~./"'
To: AvIC `•
Honorable Robert M. Yamada -2- June 1, 1973
Since this. matter was requested by two councilmen
independently, tive are referring this report and ordinance
to you for disposition.
Respectfully submitted,
~`1 •-
Y6: Ivi7 H. Sii~rU.1I ~/
Planning Director
CL rY nD "....? . ~",i
Corpora y~o~./Counset
APPROVED:
~r
'1, ( l l t C l ;'l l,~
SHUNICi-iI KIL,ui~.i
Mayor
TOURISM - GUIDELINES FOP. DEVELOPMENT
Purpose
Certain conditions in the Big Islard's~development point toward
the need for specific legislation to i.:.plement the goals, policies
and standards contained in the County's General Plan. The Big Islz~.3's
visitor industry, de:apite a greater nu-_.a*er of tourists, is faced wi=.':
low occupancy rates. In the past two years, hotels on the island ::are
experienced average annual occupancy rates below 64~. Despite this,
several plans for large resort develc~-ent are still being implemen`_.3,
and firms are seeking the necessary governmental approval to proceer
with their projects.
The present occupancy rate proble_-1 is forcing businesses to
cut back on their labor force. In addition, County government is
being requested to provide financial aid in the form of promotional
assistance. There a:re also requests `or the County to provide the
necessary ancillary :Facilities to induce the visitor to remain lone=_.
on the island.
Aside from the occupancy rate problem, there are .many other cc=-
terns associated with tourism. The public debate on the costs and
benefits of the visitor industry has_ong since been expanded to
include social and envirorr.,ental cor.sirerations. The economic asYec_s
of tourism such as jobs and income are generally known and accepter.
It is the social and other environmental consequences that freque.^.t=_
cause much public furor and consternation.
For example, there is sincere concern for the physical envirc:-
went and public facilities as they relate to the residents of the ~:;
Island. Questions about the adequacy of the public facilities necessary
to serve existing and. proposed developments frequently arise. Like any
entity, the County has finite resources to allocate among an infinite
number of needs. Therefore, trade-offs, compromises, and decisions
must be made as' to which needs have priority.
The island of Hawaii has finite boundaries and there is,.theoreti-
Lally, a certain point where dangerous environmental degradation takes
place. There is, in addition, the human element which manifests itse:f
in terms of the "desirable" quality of life on the Big Island.
Sprawl, economies of scale, design, natural beauty, aesthetics,
costs and other factors affect the quality of development and the liv.s
of the residents of t:~e County. There is also renewed interest in
the public's right to the shoreline and the preservation of historic='
sites.
Increasing emphasis is also placed o~_social considerations, i.e.
the attitudes toward c?evelops.ent and the non-quantifiable values of
the residents. There is increasing concern for qualitative forces
when discussing jobs, housing, and the lire. For example, it is oft
insufficient and inap;;ropriate to create a quantity of jobs without
looking at qualitative factors. Many ti:.es the labor supply consists
of over-skilled and/o:- under-skilled persons.
There must also :;e an awareness of the various lifestyles which
residents desire to pt:rsue. Decisions must be made when such desires
conflict with pragmat:.c conditions.
Housing shortage,;, especially for certain income levels, are of
Critical concern. It seems apparent that if present trends are allc~e__
-2-
to continue, low cost. housing will becc~e~an increasing problem.
Finally, on a philosophical level, there is the question of who
or what should deterriine our destiny and future. Should we, because
of our belief in the free enterprise system, merely attempt to accc=o-
date the forces of growth? Or should we become goal-oriented and
pursue the "ideal" community? Are the investor's interests and those
of the residents of the County the same? These are questions and
decisions which fall into the realm of County government. The repre-
sentatives of the people must decide on and resolve these philosophical
and genuine issues.
All of these issues definitely po i~t out a need for a method to
assure quality resort. development with a minimum of social and envirc.,-
mental disruptions. This report is in response to that concern.
Conceptual Aonroach
The kind of economic infra-structure we want is central. to this
discussion. We constantly talk about a "balanced" economy, but, to
date, no one has really made a fervent attempt to define it. Is a
"balanced economy" a state when we have 50 or 70~ of our ecorcm}' a-'_/cr
labor force dominated. by the tourist industry? ~Pnat specific ecc nc-_c
roles do we want agriculture and the of^er industries to play? L'n-
deniably, these and many other questions are tough to answer. Per`__s
there are no answers. It may even be u.^.desirable to have specific
percentages attributed to each industry. All we do know at the m.c-ect,
however, is that an excessive dominance of one industry or a single-
based economy creates an economically risky environment.
-3-
In evaluating the role of tourism in~.our economy, we find that
there is a definite need to see it from a macro-economic perspective.
That is, we must relate the role of tourism with agriculture, manu-
facturing, research ar~d science, and our other economic activities.
We must also have a ci.ear understanding of the role of each activity
to one another and, equally important, have a notion of the desired
role of each in our economy. The question of the desired role is
important in attempting to define one's concept of a "balanced eccnc-:.'
To properly evaluate the macro-economic concerns will invariably
involve much analysis and time. In the meantime, however, we do knc~
that the tourist industry will continue to expand. Thus, out of
temporal necessity, we must first evaluate the tourist industry oa a
micro-economic level. Since the industry will inevitably grow, giver
the present economic conditions of Hawaii, we must make efforts *_o
assure a minimum of adverse social and physical disruptions. Once a
method for evaluating and assessing a resort development from a tcta_
environn;ental perspective is developed, we would then have more t_-_
to assess the macro-economic concerns. In short, with this method,
there would be more breathing room to assess the role of tourism in
Hawaii relative to the other economic activities.
Methodological Aonroac'.~
In order for us to analyze any development plans in the overall
context of what is going on in tourism and on the island, it is ne-
cessary to study in detail all of the proposed project's impacts.
-4-
With that, also, is a~ need for a vehicle from which to closely evaluate
those impacts. This section attempts to 'articulate such a vehicle.
The vehicle herein proposed is the Environmental Impact State^ert
(EIS). The EIS is a basic requirement for all State funded projects
and the County's General Plan makes this requirement for all proposed
resort development. Some of the more pertinent policies include:
1. The County of Hawaii shall encourage the development of a
visitor industry which is consistent with the social,
physical, anal economic goals of the residents of the County.
(page 10]
2. The County shall require a study of the total social and
physical impact of large developments prior to approval.
(page 10)
There is already clearly established precedence for requiring
EIS for projects. This EIS, however, is proposed to be a require-:eat
of all hotel and condominium developments. Hotel is defined as "a
building containing sleeping accommodations in six or more rooms for
use of persons, on a commercial basis whether such establisb~:ent is
called a hotel, inn, motel, motor hotel, motor lodge, or otherwise,
which rooms do not constitute dwelling units." Condominium is defined
as "a system of separate ownership of individual units in a multiple-
residential building." Where there are definitional questions, the
Planning Director shall review the proposal and determine its lard
use classification.
The EIS and Zoned Lands. In reviewing proposals for hotel and
condominium development, we note that they occur on both zoned and
-5-
unzoned lands. In tlhe area of zoned lands--that is, those already
zoned for resort and condominium uses -- the Planning Department
currently reviews the proposal during the Plan Approval process.
Currently, no impact statement is required, and the developer needs
to meet only basic rc=_quirements such as setback, paiking, landscapirc,
and the like before approval is given. It is strongly believed, how-
ever, that these proposals must be subjected to the EIS requirement.
Ideally, it wou]!d be easiest to merely downzone all vacant or
•undeveloped resort zoned lands. That, however, would not necessarily
be the best alternative, as reasonable back-up lands for resort de-
velopment must be provided. Additionally, without a thorough under-
standing of the resox•t (micro) economic structure and, in essence,
a comprehensive study, it would be unwise to immediately downzone
all vacant lands. Only after a zone Guide map or a Community De-
velopment Plan has been completed would it be feasible to initiate
downzoning action. But we cannot wait for those to be completed.
The problem is with us today.
In that light, it is proposed t:.at an EIS be required of the
applicant who is planning a hotel and;'or condominium develop^ent en
lands already zoned for such. This EIS and the applicant's proposa'
shall then be reviewed by the County ?'_anning Commission. The Com-
mission shall then approve/disapprove the proposed project. If the
request is approved, a Planned Develc =-.ezt Permit (PDP) shall be
issued by the Commission which would enable the applicant to submit `..s
plan for Plan Approval under the provisions of Section 32, Ordinance :;~.
63, County of Hawaii. k'ithout the Permit, no Plan Approval shall be c:v==
-6-
Should the Commission deny the issuance of the PDP, the applicant
may re-apply no ear h~:er than two years from the effective date of the
final denial of the original application. however, if the applicant
proves that there have been substantial charge of circumstances, the
Planning Commission may permit the filing of a new application prior
to the expiration of the two (2) year period. The applicant may also
elect to appeal the C:ommission's action to the County Board of Appeals.
The overall PDP procedure, in a sense, is similar to a variance appl
cation.
It is realized ghat the County has no land use jurisdiction ove=
lands designated Con~;ervation by the State Land Use Commission. Foz
any hotel and/or condominium developments to occur, however, Plan Ap-
proval from the Country must nevertheless be secured. It is the inte-=
here to require the developer then to prepare and submit to the Plan-
ning Departr.:ent the E;IS as a condition of Plan Approval. The purpose
here is to subject al.l land developments of the hotel and condominiu=
nature to closer Cour.~ty scrutiny to assure a minimum of adverse seci=_
and physical impacts.
The EIS and Rezoni^.a Recuests. The EIS shall be a requirement o-
all rezoning requests involving hotel and condominium developments. :_
this case, the Planning Department shall have the authority to disap___.~
a request. Should it. be regarded favorably, the request, together w_
the EIS, shall be forwarded to the Planning Cc^,mission for its consice__-
tion. The request, together with the Planning Department and Co:,~issicn'=
recommendations, shall then be forwarded to the County Council for u.=_
-7-
mate action. Again, as in the case of ~.1r unaoned lands, the applicant
may appeal the decision of the Planning Department or Commission to t}e
County Board of Appeals.
In instances where a special pewit is required for the hotel
and/or condominium d<~velopment from the State Land Use Commission, the
EIS shall be made a part of the application. Under existing statutes
and rules and regulations, the County Planning Cor,.mission is authori~z
to deny any special permit requests. It can, however, only recor:^end
the approval of a special permit to the Land Use Commission. The
appeal procedures available for special permits shall also apply here.
Environmental IraDact Statement. In preparing the EIS, the fo=,±at
found in the appendi:c of this report shall be followed. It was felt
that a format articu.Lating all of the County's concerns, as expressed
in the General Plan, must be developed. Many EIS have been found to
be quite deficient irr their treatment of the social and economic co^-
sequences of a project. The format ccntained herein was designed to
elucidate all of tho:~e concerns and more. Moreover, the nature o~
hotel and condominiurl developments rec;:ires the expression of a whole
array of assessments..
Some Concludiac Re^arks
With the EIS rec;uirement, it is strongly felt that the General c_.
can be more effectively and meaningfully. implemented. It will previce
us with a means of evaluating construction and resort activities ea
zoned and unzoned lands not only fror., a physical perspective, but frc=
a social and an economic one. Additio:.ally, it will provide greater
-8-
opportunities for citizen participation in the planning process. The
public would be able to test the validity and wisdom of existing zoned
lands, the need for ai project, and so forth.
We must, nevertY~eless, not fail to realize that this EIS require-
ment is part of a continuing program designed to implement the General
Plan. The requiremer,~t proposed herein has been limited to hotel and
condominium developments. Perhaps it should be expanded to incorporate
other uses. Moreover, we must not forget that the bigger task of
defining realistic economic alternatives for Hawaii County still must
be performed.
-9-
Enviror.-:ental Impact Statement Guidelines
Hotel/Condominium Developments
I. Title Pane
A. Name; etc.
B. Submittal Date to County Planning Department
II. Summarv and Findings
Listing of sicnificant impacts of project with brief description
of each. Inpac~s to be listed in order of importance or sisni-.
ficance. Dist_::ction betz•:een factual findings and subjective
judgments shoo' d be Wade clear. :yreas in c:~hich the sienif i car.ce
of environ:~entaa effects remains unresolved should be identified.
III. Statement of Cb~ectives-Purpose of Froject
A. Objectives-purpose of project
B. Relations,:i^ of proposed project to publicly adopted policy
and plans (=?ederal, State, County)
C. The reasons the proposed action
now, rather than reserving long
alternatives, including no use.
D. Docurentati:;.. of projections me
or assess r.=~<d for the project.
in the anal: si s.
is believed to be justi~ied
term option for other
'-hods used to predict de^,an~
Document assu:ptions used
E. Cost-Benefi': ..nalysis o° project-sur;nary sufficient i•;ith
full ar.alys:.s in appendix.
IV. Descri»tion c` "^oect
A. Locational setting
Precise location and boundaries of the proposed project
shown on a retailed man included ~•:ith state^~cat. (i_init:um
scale shoulc: be USGS 7 1/2 minute quad. or 1:24,000.)
(2)
8. Relationstii~ of the Project to Other ?rojects and/or as a
Component of Larner Plans or Programs.
1. The project's `uture phases or e;aensions (e. g., future
sectic :f highway)--avoid piecemealing of project.
2. Cher proposed projects that will be dependent on ti:e
execution of tite project as planned or ~•~ill be direct'_-_-
influe:.ces b•~ t::e project (e.g., fill for highway
construction sepen~inr on dredge spoils from excavatic-
of canal). Ia•~act statements for projects so relates
shoulc be submitted simultaneously or compiled into o-e
document to permit a comprehensive revicca of the inter-
connected impacts.
3. The project as an integral component of larger scale
programs and plans. Citation and brief descrintior.
of impact statement prepared for appropriate prceram
or plan.
4. Description of existing projects in surrounding area
(location r..aps) ~•..=hich may have major influence on cr b=_
influenced b;• the ^roposed project. ('7here impact
statements nave been prepared for these projects, cita-
tions should be given--see 2 above.)
C. Project ~.ctions or activities
Photocraphs or illustrations should be provided to give
objective vie:a of the cor.,ponerts of the project and t:ae
relations:zip of the project to the surroundinc environ-.e:__.
1. Temporar~i actions or activities involved in corstruct_~n
of project (blasting, fill hauling, and steel: pilirc)
2. Permanent :actions or :,ctivities
a. actions once completed are relatively permanent--
structures, ir.,nervious surfacing
b. dCtlVlt'_°_s 4:h1 Cif COa^.t1nL'O US1V OCCur OVer t2.^..°_
but may vary tes~porarily--cutfalling of cooling
water
c. routine maintenance of project--dredging of cilan.^.e_s
and soil disposal
D. Natural and Physical F.nvironmertal Settinr,
(Descri~_~tior. of the environmental conriitions prior to the
proposed project. Description shoulc ,~roviue sufficient
information to permit independent evaluatior. by revie~::crs
of factors that could be af~°ected by proposes project.)
(31
Photoc;ran)ZS or illustrations r..ay be included to provide
revie::cr with visual orientation of existing environment.
The use of maps should be encou=aged to relate the conditions
described to specific areas. ;-,yeas cate?orized accorciirr,
to the type of impact would be outlined on these mans. •
The follo::ing environ^~ez;tal factors should be described
if the impact assessr.,ent (Sec. J, y, 3 & 4) indicates a
potential s:ic;nific~nt chznce from the existine cpndition.
If the assesstlent (Sec. :', y; 3 & -i) indicates that there
will not be a S1gn2f 1C c;.t C:=a:;C° 1n t)'1° follOt:'1nQ factCrs--
it should be so stated, instead of including a detailed
description..
1. Iiydroloc7ic Conditions
a. watershed in :~rhich project located (particularly
dotaristrean clrainace)
b, suri_ace and grow.^.d:aaters receiving project effluent
or drainage diversio_^.. Surface or groundwaters that
may be c:ithdra:::: or influenced by project
C. conditions do:;nstrea_:, or on projects receiving
:waters which r.,ay be pacted--such as flood prone
areas, areas particularly sensitive to changes in
water quality, -ouatic-riparian habitats of species
with sport, sped_tcr, cor..mercial, or scientific
value, crater oriented recreation areas, public
water supplies
d. project site's hvcso'_ccic hazarc--flood, storm,
runoff, tsunami hazard, salt water intrusion
e. exi:>ting crater quality conditions
2. Atmospheric Conditions
a. airshed or basin. in :•:::^.ich project located (pzrt-
icu].arly Co:v71•.ii nC1)
b. local microcli~ate, circulation patterns, prevailin_
winds, storm e::~psure a
c. quality of air recei~-i^g atmospheric emissions fro^
pro iect
d. conditions do:~:::;ind aac;or in airshed or project o:i_.
may be impacted--suci: as public facilities, recreat_:-
are<1S, VeCetat10i1 air: .rrldlife areas partlCL`l ariy
sensitive to air _ol~u.tion, noxious odors, or other
atmospheric phenomena
e. current air :;onitorin: in the area--location and
duration of air :~onitprirg activities
3. Geologic and Pedologic Conditions
a. ero:;ion potential on site (cliff, sheet, gully, wir.c:
b. seismic hazards on site or within site influence
(fault zone, sha::ing, liquefaction)
tai
C. stability of geologic conditions on site lareas
prone to landslide, subsidence)
d. bearing conditions of soils on site
e. soil permeability and infiltration rates
f. productivity of soil for agricultural uses and r:ain-
te:nance of plant a~.d animal species _
g• mineral resources or unique geologic/land form
features
4. Biotic conditions (Plant and Animal Species)
a. vegetation. of high brush-forest fire potential
on site or close proximity to site
b. highly productive habitats fo= wildlife species
of sport, spectator, co,:.mercial or educational
va:Lue, on site or *.aithin close proximity to site
(e:specially nesting and/or breeding sitas)
C. relatively undisturbed or unique vegetation and
wi:dlife communities on site and within close
proximity to site. Flant life of special historic
or scenic value.
d.. ray^e or endangered species on site and within close
proximity to site
e. areas of low revegetation potential on site (low
fertility/lack of seed sources)
5. Sonic <:onditions
a. area vrithin sound of project construction and
continuous actions (sounds audible to hur,.ans any
animals) characteristics of sonic disturbance.
b. far_ilities caithin sonic area sir_ich crould be sersiti~e
to sonic disturbance, such as schools, churc_•_es,
hospitals, theaters, par~:s, residential areas--
particularly sonic reflective or absorptive charac=__-
isi:ics of such facilities.
c. wildlife, domestic stock within sonic area cr[,_ic':
would be particularly sensitive to scunds c=_::erat=_=
d. areas of exceptional : uiet and serenity s;ithi
sonic range of project
6. Visual Conditions
a. area within view o_ project and/or area visible
from project (particularly at Foreground and r:iddl_
ground distances)
b. features of architectural-cultural significa-.ce
and/or scenic areas that will be seen in jua apositic-
to project
C. public recreation areas, parklands, residential
areas that will have vies: of project
d. corlmercial activities that directly benefit frem
view which will have view of project
~~i
e. wildlife, domestic stock within view area which
would be p.3rticularly sensitive to project's actions
f. visual Rualities that presently characterize projec~
7. Aesthetic/amenity Conditions
a. safety--crime and delincruency rates, fears erdan^,ered
by existing hazards
b. health--airi:aater pollution, noise
C. comfort--arenable climate, noise, vibration
d. convenience--access to public services, places of
high amenity .'
e. social interaction--relationships between neighbor,
traffic and nefiestrian flow
f. privacy--absence of intrusion, control of irdividu~l
or group control over actions in the environ-ent
h. community identity--distinct characteristics of
social and physical environr.,ents
E. Socio-Economic Setting
1. Characteristics of the population (Island, district, any
area)
a. income, age, education, racial' bacl-cround, fa-iil_v
size
b. distinct settlements of Socio-economic groups
c. neighborhood groups
2. Migrational Trends
a. inf:Luence cn the dominant/sub-cominant groups ;7ita°_^
the population
b, relatiorshi? to current migrational trends estab_is=_
for the area
3. Employ..^..ent opportunities
a. a=era's labor force availability
1) une.:.nloyed, uncerem?loved
2) new sources o= e-r~loynent--new island reside:a
vis a vis island migrational shift
b~ labor needs of residents
c. labor needs of proposed develonmert
1) by occupation
2) by inco:~e
d. manpocaer training nrograra and educational grou?
1) provisions for mobility
2) fundincr sources
3) coordinative efforts with public agencies
(6)
e. Area's employment pattern by industry
1) breal:dot:•n by tyn~s of industries and number
2) location of surrounding major industries
f. Hotel occu^anev rate
1) island-iaidc; district
2) 12 months preceding a.~plication
3) mar::etjclass of hotel (luxury and mediu:a/moderate)
g'. 'Economic forecasts ( 1 yr. from date of EIS)
1) projected visitor arrival and length of stay
2) types cf visitors and other related data
h. Housing characteristics
1) projected housing demands due to employment
generated by the project (direct and indirect
• employ„.ent )
2) method of alleviating housing demand--price
range, type of units, location, etc.
i. Hisi:oric sites
1) surveys of the area
2) methods of preservation
j. Cultural progrars
1) theme of develonr..ent--whether cultural traditica
will play a role
2) method of coordinating e;ith various cultural/
et:inic ;roues
k. Shoreli~/recreational areas
1) proxir..ity to shoreline; accessibili:•• to it
2) prosect's shoreline setbac'._
3) area's existin, recreational areas
4. Fiscal c,ffects on L'ublic Servicerrograsis
a. recu.ire~ents for schools, police, fire protection,
healt
b. expressed in terms of capital improvement and
annual c~eratina costs
c. effects on the.auality of existing services
(7)
F. E:cistin, a~ad Planned Land Uses
1. Curr~r.t lane use r..an for site and surrounding are (1~-d
use r:ap shoulu include area in ~rhicii ~rovth or ~on-
ulation shifts would be induced by project--as ic7erti-
fied bar the impact assessment, Sec. V, B, 1, 2, 3)
2. Policy as per general elan document (;o include area in
whi di ~;rot~-th or nonulation shifts would be induces by
project--as isentified by the impact assessment, Sec.
V, B, 1, 2, 3)
G. Access--Circulation Patterns
1. Circulation routes--highcaays, trails, easements, navi-
gation„ public transit, channels, pipelines, airports,
railroads, that would serve project ,
2. Service. area of routes of the transportation modes that
would provide service for the project
3. Capacity of routes servicing project to move traffic,
handle future traffic
H. Public Utilities
1. require.:~ents for water, sewer, gas, power, telephone
2. expres:;ed in terms of capital isprovement and annual
operating costs
3: ef£ect:s on the quality of e::isting services
V. Environmental Sapacts of the Fro?osed ~;ction (project)
1. Describe in_oacts in terms of time frar,:es in which the~•
mill occur
a. phases in project develoer,:ent--construction o~era:_oa,
phasinr, out, re-oval and site restoration
b. Permanent vs. temporary impacts
2. Relat=_ in~acts to groups, individuals, organizations,
industries that will be the recipients of the respect_-:e
costs and benefits. Distribution. of costs and benefits
among socio-econor.ic groups, industries, and organizat_oa .
3. Those i.mnacts considered to be irreversible should be so
specified
It is assumed that any project trill relate (to varying dee_.r_cs--
depending on the scale, nature, and location of the project) to to
major points of consideration outlined below (:~-1 through F~-7, any
B-1 through B-3). E;camples have been provided to illustrate some
(E3)
of the major aspects of these points; however, this is not intended
to be a definitive listing and would be considerably reduced or
expanded to better reflect the particular characteristics of a s_oecific
project type (e.g., housing, flood control)
A. Direct Impacts of Project
1. Preemption or denial of use existing on project site or
desiring project site
a. sho:rtsiahted foreclosure of future; options or needs
b. reference to functional plans, general plan eler..ents,
industry fcrecasts and plans
C. uni~TUCness of site for proposed use and other
possible s:ecific uses alternative opportunities
for those uses in region
2. Relocation of uses preempted from project site, or
denied, future use of project site
a. impacts of the relocated or redirected uses in new
or future locations
b. imp;scts on the groups, individuals, organizatic__^.s
relocated (decreased profit to-relocated business,
relocatees' loss of neighborhood affiliations)
3. Impacts on environmeirt al conditions-systems (describe
the ful'L seruence of impacts from primary conditicr-.
Chnage 1.o ultimate effect, i.e., cost or benefit ot.er
utilizai:ions, public interests)
a. hydrologic impacts
b. atmospheric impacts
e. geologic-pedologic impacts
d. biotic i:~pacts
e. soni-c ir.:-~acts
f. visual impacts -
4. ~.dverse irro acts which the project would be subjected to
by exist:in.^, ~nvironnental and/or social conditions
a. natural hazards--flood plains, seismic zones,
landslic:e prone areas, etc.
b. unnatural conditions--disturbind noise levels,
polluted air or tivater, high crime rate neighbor-
hoods, etc. -
5. Public service facility and utility requirements (costs
of providing additional or neca services)
a. education
b. health care, welfare, public safety, sewer, etc.
C. highway-public tar.sit
d. adninistration (processing and reviewing applic~tic-.=,.
permits, etc.)
(9)
6. Socio-economic impacts
a. changes in property assessment for project site
and area surrounc:ing l.roject site
b. emplo-,~ment (continual o.^ration vs. construction)
distinguish c;hether loc~I wool or specialists/
others imaorted from otter carts of the mainland
and oaf tilE island.
C. revenues to local goner =went, special districts
d. income to com^unity, dis^osable income to population
groups -
e. opportunities provided to Socio-economic croups
(improved housing conditions for low income groins,
etc„)
f. eff<:cts on the cruality e° servicas currently pro_
vicied in relation to all groups living in the a_-e
g. effects on recreational azd historic sites pros=--~~
~..._ ,
areas, etc.
h. impact on the housing situation; demand for additic-al
housing, method of resclving the problem; im?act e::
land values.
7. Access-circulation, transportation modes impacts
a. open or improve access to areas--impacts on these
areas from increased access
b. prevent or decrease access to areas (bypass cr
bloc:; routes)--im:acts or. these areas from decreases
access
c. croc:dir.g~ congestion i^-acts on circulation routes,
transpor,.~,.ior. r..odes--e_fects on usage of all
travel r„ores
B. Indirect Impacts
1. Surrounding Lard Use Change (3ro•..-th Incucing Impacts)
Environ:,ental Socio-ecoae,:,ic _-~acts of lznd use
change. I-acts S^Oll1C~ Je yr^ar:1Z@C' aCCOrC1ng t0 "tee(;,
Of lanCi 1152, Ct?anCre projecte_.--e, R, ~ nOll5lnn, CCi jL1Cr C.`. c_
development, hich•:;ays, se~;a a plants, etc.
a. land use cha<,e free services cirectly or ir_dir~ct'-:-
reCyil.Te:: JV ")r0~°_Ct (nett Se!:zge pl ar.t reCllireC. _; ~'
hbusi.rq cevelo^rent)
b. land use charge rro:: SCrF_C2J, opportunities
offered b,~ 7roject (.-,ou_irr cevelo~_-~.cnt i,ermittod
by pea se age ,lant cog-'s~rucLion or e:;paasion)
C. land ll5e C`l a;:Cte LrOm Caan _~in Sllrr OUI?Ging prop Crt^
values. -
d. land use change from >,re_=ect establisiiinct new
porfor~nnca standarc'.s or corinc to eli7inate con-
flictiner uses (:. e, an-_ .;? lure)
e. land use change from rndistribution of income,
emn2o}':cent, or tax revenues ,enerated by project
(lo)
2. Project's Innacts on Population in the region
a. contribution to area, regional, and island pop-
ulation grcc•;th
b, nonulZtion ristribution trend within the region
(concentration--c.isn~rsion sprawl)
c. soc:io-econonic connosition
3. Currulat:ive I.roact
a. potential inn acts of the develop-rent or non-
develo~nert tread project is establishing or con-
tributing to for the appropriate political juris-
dici:ion (city, county or region).
b. potential icrpacts of develor,:;;ent or non-develo~;_ent
trerrd project is establishinc or reir_forcing or.
envi.ror.:~ental systems (e. g., watersheds, air
basins, la;:es, enbayr.rents)
VI.
Adverse Inpacts That f~,ay Be Prevented or Reduced by f4itiaation
t•:easums
Sufficiently detailed and rigorous stater:rent of alternatives to
pernit inceperdeat and r_onparative evaluat_en of benefits, costs,
and environTenta.l ris;cs of proposed actions. ay include
discussion of alternative rejected and rationale for rejecticn.
Include alternatives ca:~able of substantially _ecucing or eli-
tainating any a~:verse in ;acts even is these alternatives sub-
stantially re~uce the project's objectives. :-,11 alternatives
available to tiro coverrr~,eat as a ;:hole need to be considerec:.
A. Locational alternatives--alternate sits for proposed
action or activity.
B. Functional or ope_ational alternatives (single fanily
detached vs. cluster).
C. F.lternatives not of the same roject t~-_~e (airport vs.
tapir, trEnsit or resicentiei developner.t vs. private
CalHpgrOlinG) '::illC~'1 ,:.ay satisfy the sar..e need.
D. Iv*o project alternative.
VII. Balancing Econo:n:ic and Environr~.iental Costs and benefits
What is necessary is a succinct recital of the interests bei.^.a
balanced, ;:hick ;;i 11 alert the County and t_:e uublic to the
nature of the interests o:hich are being ser~-ed at the expense
of environmental values.
(11)
A. Balancin7 0~° the adverse environmental effects c:~nich cannot
be mitinatev in relation to the economic benefits derivcci
from the project.
B. Balancing o.: economic benefits in relation to preemption of
multiale of exclusive use options or future resource needs.
C. Consideration of economic benefits in terms of the cumulztice
developr.,e::t trend established or reinforced by the project.
VIII. Suggested ~,pnenciices
A. Cost/Benefit: Studies '
B. Housincl Stuc!y and other feasibility studies previously
underta'.:en concerning the project.
aS('I..-~F N
~of`yr~~' v
~~I li
t ~*
Tadashi Suzuki ~
COUNTY CLERK r• "op"N~`
OFFICE OF THE COUNTY CLERK
COUNTY ~F HAWAII
H ILO, HAWAII 96720
Mayor Shunichi Kimura
County of Hewaii
Hilo, Hawaii
Robert Shioji
DEPUTY COUNTY CLERK
amended,
I hereby transmit Ordinance Bill No. 1002 as passed by
the County Council on second and final reading.
COUNTY CLERK
Encl,
Dated: May 15, 1974