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Home My WebLink About2021-05-20 Leeward Exh H (County Planning Department SMA Presentation) Special MArea SMA Review Criteria and the RegulatoryProcess AVA- .I Jp C Codified under Hawaii Revised Statutes (HRS) Chapter 205A (provides authority) While Act 16 SLH 2020 updated 2 p ed OSA, PC and PD Rules have not been updated. Planning Commission Rules: Rule 9. Special Management Area 9-8(a) - "No development shall be allowed within the SMA without obtaining a permit in accordance with Rule 9. " 9-4(e)(1 ) - Defines what is considered "Development" 9-4(e)(2) - Defines what is NOT considered "Development"* *Rule 9-4(e)(4): If Director determines that excluded uses may have cumulative impact, or significant adverse environmental or ecological effect on SMA, it may be considered "Development" A MI, 'F-A W.MT M-Tv"IM"M- F F may be issued when project: • Is exempt from the definition of "Development". • Is not in excess of $500,000 valuation. • Does not include cumulative impact or substantial adverse effects. A may be issued when project: • Is not exempt from the definition of "Development". Is not in excess of $500,000 in valuation. • Does not include cumulative impacts or substantial adverse effects. A is required when project is: • In excess of $500,000 in valuation. • Is considered "Development" per PC Rule 9-4 • Including cumulative impacts or substantial adverse effects. All "Development" that is ._ 3 automatically requires a SMA Permit. / Department must assess potential effects and significance of proposed use according t riteria established by PC Rule 9-10(h)* - "Criteria of Substantial Adverse Effect". *Additional information such as SHPD determination or an applicant derived miti tion plan for proposed impacts may be required for SMA review. Consider the "sum" of those effects that may adversely affect the quality of the environment and shall evaluate the overall and cumulative effects of the proposed use. • Involves an irrevocable commitment to loss or destruction of any natural or cultural resources - includes historic sites, view planes, etc. • Curtails the use of the environment. • Conflicts with General Plan. • Substantially affects economic or social welfare of the community/County. • Involves secondary impacts (i.e., population changes and impacts to public facilities) . • Project cumulatively has considerable adverse effect (or commitment for larger actions) . • Substantially affects flora or fauna (rare or threatened) . • Affects air, water quality or noise levels. • Affects environmentally sensitive area (i.e., flood plain, tsunami, "erosion pron r Geologically hazardous area, estuary, or coastal water, etc.) . • Contrary to objectives and policies of CZM program and the SMA Guidel' es of Ch. 205A. Applicant must pr vi a -, rit n t m nt is ussg development inWj • .. • x Coastal Zone Management and SMA review criteria . • Recreational Resources - Requiring restoration of coastal resources; providing and managing adequate public access; and protecting coastal resources suited for recreation. • Historic Resources - Identify and analyze significant Arch resources and support State goals for protection of Historic resources. • Scenic and Open Space Resources - Ensure new development is compatible with their visual environment, and preserve, maintain, and improve shoreline open space and scenic resources. • Coastal Ecosystems - Preserve valuable coastal ecosystems (i.e., reefs, dunes, and beaches), and minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, etc. • Economic Uses - Concentrate coastal dependent development in appropriate areas, and ensure coastal dependent development are constructed to minimi exposure to coastal hazards. More involved descriptions of Coastal Zone Management and SMA review criteria ` '`. • - Coastal Hazards Control development, including planning and zoning control, in areas subject to coastal hazards. • Managing Development - Communicate the potential short- and long-term impacts of coastal development. • Public Participation - Promote public involvement in coastal zone management processes and provide information of coastal management issues to the public. • Beach Protection - Locate new structures inland from the shoreline setback to conserve open space and prohibit construction of private/public shoreline hardening structures including seawalls and revetments. • Marine and Coastal resources - Promote research, etc. of ocean and coastal processes, impacts of climate change and SLR to better understand how development impacts ocean and coastal resources. �� ; _� w r • e r r r r r ' t The Commission may permit the proposed development upon finding that: 1 . The development will not have any substantial adverse environmental or ecological effect • Such adverse effect is minimized to the extent practicable. • Adverse effect is clearly outweighed by public health, safety. • There is compelling public interest in approving project despite adverse effect. 2. The development is consistent with objectives and policies of 205A. 3. The development is consistent with General Plan and Zoning. 4. The development will reasonably protect native Hawaiian rights if they are found to exist. Commission will determine whether to approve or deny application at public meeting. 9-16(f)(1): IN THE EVENT THE PC FAILS TO RENDER A DECISION TO APPROVE OR DENY, HE REQUEST SHALL BE CONSIDERED DENIED. Planning Commission Rules: Rule 8. Shoreline Setback ,j 8-4: Applications for a Shoreline Setback Variance (SSV) shall be filed with PC through Planning Department. • Requires compliance with Ch. 343, HRS and Title 11 , Ch. 200, HAR (EA or exemption) • Requires Shoreline Certification to establish shoreline setback lines • Director may waive shoreline certification; however, it may impact the PC's decision on the variance. 8-11: Criteria for Approval of a Variance • Shoreline-dependent facility • Public interest • Hardship Planning Department Rules: Rule 11 . Shoreline Setback • Minimum setback of 40-feet is required • Section 1 1 -7: dictates the uses or structures permitted within the Shoreline setback. • Section 1 1 -8: Minor structures and minor activities shall not need a SSV if it does no affect beach processes, artificially fix the shoreline, or interfere with public view or access. 1 / 1 /\ C E f -7 rr M F ' f S T it G r� ' A rJ </ \ R P 3864 L C AW ? \ 4 AP ? TO M A. L.6 AW \ 4'41 SO FT % .mss - ,„.. _ - 1 \\\ 4', K �3 Ile Certified Shoreline 40-foot Shoreline Setback Note: Board o • • •and Natural Resources - • • - - shoreline • • Further information on Coastal Resources, Hazards and Future Work t Atlas " 1 ' M� Hawaii a Meb4. Sea Level Rise County of Hawaii Vulnerability and �~ Qtr Multi-Hazard Adaptation Report County of Howcfi l Hazard `` Mitigation Plan Mitigation Pian (2010); Updated WY2oZo 2020 fps >lmu,q,i,roA ,,. 91 1 11;21 inow j • • Study to quantify historic shoreline change rates. • Determine typology specific setbacks and hazard assessment. • • Work to establish research (science) based shoreline and riparian setbacks. : To effectively reduce risks to people and property from coastal and riparian hazards. Hawaii Island does not have a comparative, foundational erosion study similar to other islands to assist in regulating coastal and • riparian hazards to minimize impacts to and from development. Toois: GIS (ArcMap), DEMs, LIDAR, USGS maps, SLR-Xa, Aerial 1.07 Photographs, Shoreline Certification Maps, Ground Truthing (direct observation). Hui: County of Hawaii Planning Dept., NOAA, FEMA, UH-HILO, Office of Planning (CZM), SOEST