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Home My WebLink AboutCOM 0259.002 2008-2010 LEGISLATIVE RESEARCH us w Lorraine Acdal - 961-8564 BRANCH Susan Caseria- 961-8387 46t y. Jon Henricks - 961-8580 Mailing Address:? i` (Former County Building) rF ar;4, Business Address: 25 Aupuni Street 333 Kilauea Avenue, Second Floor Hilo, Hawaii 96720 Ben Franklin Building County of Hawaii Hilo. Hawaii 96720 Office of the County Clerk Facsimile: (808) 961-8572 Email: laedaloco.hawaii.hi.us; scaseriaa co.hawaii.htus; ihenrickc(rc~Eti hawau.~irus G August 12, 2009 TO: J Yoshimoto, Chair i and Members of the Hawaii County Council r J FROM: Jon Henricks, Legislative Speciali RE: Bill 64: Rationale for Proposed Amendments to the Hawaii County Code, Relating to the Conversion from a Singular Planning Commission to Windward and Leeward Planning Commissions The Legislative Research Branch provides for your perusal a listing of the rationale for each proposed amendment to the Hawaii County Code as provided in Bill 64, relating to the Hawaii County Charter amendment that created windward and leeward planning commissions. Amendment 1, SECTION 2, which amends section 2-27 of the Hawaii County Code (HCC): Subsection (a) brings the HCC into conformance with the new provisions of the Hawaii County Charter (Charter). For matters pertaining to the Geothermal asset fund, subsection (b), the planning department confirmed that only the windward planning commission would apply, due to the geographical nature of this issue. Amendment 2, SECTION 3, which amends section 2-28 of the HCC: Explained in "purpose" section of bill. Mimics original Code language that pertained to a single commission as now applied to two commissions. For any joint meeting of the commissions, quorum requirements are resolved by requiring a majority from each commission to be present, to effectuate at least the potential for equal representation from both commissions for any joint meeting. (Four members constitute a majority of each commission.) Comm. No. 2=5 3 - 2-Serving the Interests of the People of Our island Ref. To: Hawai'i County is an Equal Opportunity Provider and Employer Ref. Dole ~l]G lyq 98110 August 12, 2009 Page 2 of 5 Amendment 3, SECTION 4, which amends section 2-28.1 of the HCC: Charter requires that community development plan issues are handled solely by the commission within the geographical boundaries of that CDP. If the geographical boundaries of the CDP overlap jurisdiction of the commissions, the commissions will meet jointly for any action. Amendment 4, SECTION 5, which amends section 2-29 of the HCC: Use of "planning department" provides some flexibility should the planning department decide to house the leeward planning commission in the West Hawaii branch of the Planning Department. Also provides that a decision to change the office location shall be made only through a joint meeting of the commissions. Amendment 5, SECTION 6, which amends section 2-30 of the HCC: Straightforward Code revision based on Charter language. Amendment 6, SECTION 7, which amends section 2-31 of the HCC: Explained in "purpose" section of the bill. Subsection (a) is no longer pertinent, as it pertained to the creation of a General Plan (GP), which has occurred. Amendment procedures are spelled out in the plan itself, as well as the requirements for public hearings, which are also clearly provided for in the Hawaii Revised Statutes, Chapter 92. Amendment of subsection (a) to pertain to two commissions would likely provide a historical inaccuracy, or at least a level of confusion. Subsection (a) was codified prior to the introduction of the GP to both authorize and obligate the County to create a GP. Amendment 7, SECTION 8, which amends section 2-32 of the HCC: Explained in "purpose" section of the bill. Similar to deletion of GP provisions. Subdivision regulations have been created and codified in chapter 23. Amendments to chapter 23 shall be reviewed and acted upon by both commissions, meeting separately, as provided for in the Charter. Amendment 8, SECTION 9, which amends section 2-33 of the HCC: Explained in "purpose" section of the bill. Similar to deletion of subdivision provisions. Zoning regulations have been created and codified in chapter 25. Amendments to chapter 25 shall be reviewed and acted upon by both commissions, meeting separately, as provided for in the Charter. Regarding zoning district classifications, Charter provisions have been incorporated, whereby only the commission within the jurisdiction of the proposed zoning district classification shall review and take action, unless said jurisdiction falls between the two commissions, in which case they shall meet as a joint commission. August 12, 2009 Page 3 of 5 Amendment 9, SECTION 10, which amends section 2-34 of the HCC: Amended to be in accordance with the Charter - as provided for in the previous explanation relating to zoning district classifications. Amendment 10, SECTION 11, which amends section 2-35 of the HCC: Explained in "purpose" section of the bill. Planning Department provides a full report to the council, on behalf of the commission(s). Nothing precludes either commission, or both commissions, from presenting information as described in this section, therefore deletion does not remove that power - codification is not necessary. Amendment 11, SECTION 12, which amends section 2-176 of the HCC: Relates to the Geothermal Asset Fund, which is under the geographical boundary and therefore jurisdiction of the windward planning commission. The Geothermal Asset Fund (article 35, section 2-176) is separate from the Geothermal Relocation and Community Benefits Program (article 36, section 2-177). Amendment 12, SECTION 13, which amends section 6-3 of the HCC: Pertains to establishing of sites for cemeteries. Amended to conform to the provisions of the Charter as they relate to other land use actions - relegated to the commission under which the geographical area of the proposed cemetery shall fall, or both if said proposal overlaps jurisdictional boundaries. Amendment 13, SECTION 14, which amends section 6-27 of the HCC: Pertains to issuance of licenses for mobile park homes. Amended to conform to the provisions of the Charter as they relate to other land use actions - relegated to the commission under which the geographical area of the proposed cemetery shall fall, or both if said proposal overlaps jurisdictional boundaries. Regarding deletion of the requirement for a certificate of approval from the State department of health showing compliance with chapter 15, public health regulations, department of health: DOH no longer issues these certificates. An editor's note in the Code makes mention of that. This is a good opportunity to delete this obsolete provision and remove the editor's note in the Code. Amendment 14, SECTION 15, which amends section 23-3 of the HCC: Deletes the definition for planning commission, as that term is used only once in the chapter, thus a definition is not required; defined using the term "Commission". Analysis determined that no cross references to definitions using the number of the definition for "(6) Commission" exists in this chapter, thus a renumbering of the definitions section will not make any cross-references inaccurate. August 12, 2009 Page 4 of 5 Amendment 15, SECTION 16, which amends section 23-49 of the HCC: This is the one instance/section of chapter 23 that references the planning commission(s). Amended to conform to the provisions of the Charter as they relate to other land use actions - relegated to the commission under which the geographical area of the proposed street name shall fall, or both if said proposal overlaps jurisdictional boundaries. Amendment 16, SECTION 17, which amends section 25-1-5 of the HCC: Amends the definition for "commission" so that each usage in chapter 25 is in conformance with the Charter. Usage of "commission" is abundant in chapter 25, thus this is the most practical and efficient manner to handle the conversion to two commissions. The proper commission for each usage can then be determined by the provisions of the Charter. Amendments 17 and 18, SECTION 18 and 19, which amend section 25-6-63 (subsections (c) and (d)) of the HCC: Deletes the word "planning" that appears before the word "commission," so that the newly revised definition of "commission" can be properly applied to this section. Also makes other clerical revisions, as this subsection (25-6-63(c)) is open to that opportunity at this time. Amendment 19, SECTION 20, which amends section 25-7-4 of the HCC: Adds "Kailua Village design" before the word commission, so that this section and its title do not take on the prescribed definition for "commission" (section 25-1-5), which now pertains to "...[e]ither the windward or leeward planning commissions, or both, acting jointly as provided by the Charter." Amendment 20, SECTION 21, which amends section 28-4 of the HCC: Chapter 28 State Land Use Boundary (SLUB) Amendment Procedures. Pertains to SLUB applications. Amended to conform to the provisions of the Charter as they relate to other land use actions - relegated to the commission under which the geographical area of the application for SLUB amendment shall fall, or both if said proposal overlaps jurisdictional boundaries. Amendment 21, SECTION 22, which amends section 28-5 of the HCC: Includes a definition for planning commission that conforms to the Charter provisions, as they relate to other land use actions - relegated to the commission under which the geographical area of the application for SLUB amendment shall fall, or both if said proposal overlaps jurisdictional boundaries. August 12, 2009 Page 5 of 5 A definition was provided solely for this section as revising the section for each instance of "planning commission" would have created a convoluted and extremely wordy section. The State department referenced in this section was revised to that the current title of the applicable department is accurate. Amendment 22, SECTION 23, which amends section 34-3 of the HCC: Relates to Public Access. Creates a definition for "planning commission" that conforms to the provisions of the Charter as they relate to land use actions. Creation of a definition is suitable as "planning commission" appears multiple times within chapter 34. A definition suffices for all instances of "planning commission" in this chapter. JDH