HomeMy WebLinkAboutProposed amendment PC Rule 8 & 9 C. Harden Testimony 04.19.23 DISTRIBUTED AT 4-20-23
JOINT LPC & WPC HEARING
Proposed Amendments to PC Rules 8 & 9
From: Cory Testimony C. Harden 04.19.23
To: W PCtesti mono
Subject: for April 20
Date: Wednesday,April 19,2023 8:41:00 AM
Attachments: ISSUE shoreline 2023 4-20.docx
attachment is identical
Hello, I could not submit earlier because I did not receive e-mail notification, despite being
signed up. thx, Cory
comments on amendments to
Planning Commission Rule 8 regarding the Shoreline Setback
Planning Commission Rule 9 regarding the Special Management Area
to conform with Act 16, which amended Chapter 205A, Hawai'i Revised Statutes
re. the Special Management Area and Shoreline Setbacks
for Joint Windward and Leeward Planning Commission meeting, 9:30 AM Thursday, April 20, 2023
from Cory Harden
Aloha Commissioners,
Thank you for your volunteer service.
I support conforming with Act 16, but see below for "land mines" that go beyond Act 16.
Mahalo, Cory
p. 1 "changes to Department Rule 11 do not require approval by the Commission"
What law or rule is the basis for this conclusion?
p. 3 "...the Planning Director is proposing amendments to Planning Department and Planning
Commission rules to reflect changes that were made in HRS 205A prior to Act 16 but have yet to be
updated in both
Department and Commission rules."
It's been almost three years since the State law was passed.
What was the deadline for the County to revise its rules to conform?
If County actions were taken after the State law passed, without benefit of today's proposed
rules, were the County actions legal?
p. 12 #15 "Shoreline Setback Variance"
Who grants these? Planning Director? Planning Commission?
p. 14 "archaeological inventory report pursuant to DLNR and SHPD rules"was deleted
"A written description and plot plan showing any known historic, archaeological, and cultural
resources on the property" was added
Keep the "archaeological inventory report" as a stronger tool to protect cultural history.
p. 36 "8- 10 Waiver of Public Hearing and Action a)The Commission hereby delegates to the
Department the authority to waive a public hearing and to take action on a variance application for...
other structures or activities; provided that no person or agency has requested a public hearing
within twenty-five (25) calendar days after public notice of the application..."
Delete--this gives the Department too much leeway without adequate public input. People
may not see a small legal notice tucked into the back of the newspaper.
p. 38 "c) Public Interest Standard
A variance may also be granted, provided that the proposal is the practicable alternative which best
conforms to the purpose of this rule, and upon a finding that, based upon the record, the proposed
structure or activity is necessary for or ancillary to...
2) Private facilities or improvements that are clearly in the public Interest"
Delete--this is too broad.
pp. 74-75 11-7 Structures or Activities Permitted within the Shoreline Setback Area
a) The following structures or activities may be permitted within the shoreline setback area provided
written clearance is secured from the Planning Department:
1)The mining or taking of sand, dead coral or coral rubble, rocks, soil or other beach or marine
deposits ( such as driftwood, shells, beach glass, glass floats, or seaweed) from the shoreline setback
area
"not in excess of one gallon per person per day, for reasonable, personal, noncommercial
use"This was deleted, but should be restored