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Home My WebLink About2023-04-20 DRAFT Joint Meeting Exh A (Public Testimony) JOINT PUBLIC MEETING AND HEARING LEEWARD AND WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I TESTIMONY TRANSCRIPT (DRAFT) APRIL 20, 2023 Public testimony regarding proposed amendments to County of Hawaii Planning Commission Rule 8 Shoreline Setback and Rule 9 Special Management Area was called to order at 9:46 a.m. via live stream online meeting, with Chairperson Barbara DeFranco presiding. The Leeward Planning Commission members participated via interactive conference technology (ICT) from the West Hawaii Civic Center, Council Chambers, Building A, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, and the Windward Planning Commission members participated remotely via ICT. LEEWARD COMMISSIONERS PRESENT: Barbara DeFranco, Zaheva Knowles, Clement Kanuha III, Mahina Paishon-Duarte, and Michael Vitousek, WINDWARD COMMISSIONERS PRESENT: Dennis Lin, Louis Daniele III, Lauren Balog, John Cross, Wayne De Luz, and Chantel Perrin ABSENT AND EXCUSED: Michael Dela Cruz (Leeward) ALSO PRESENT IN THE COUNCIL CHAMBERS: Sinclair Salas-Ferguson, Esq. (Counsel to the Planning Commissions), Jean Campbell, Esq. (Counsel to the Planning Department), Zendo Kern (Planning Director), Maija Jackson (Planning Program Manager), Tracie-Lee Camero (Planner), Clinton Mercado (Planner), Alex Roy (Planner), and Noriko Sauer (Leeward Planning Commission Secretary) ALSO PRESENT VIA ICT REMOTELY: Melissa Dacayanan-Salvador (Windward Planning Commission Secretary) and Janice Hata(Zoom host) Proposed Amendments to Planning Commission Rule 8 and 9 Review and action of proposed amendments to County of Hawai`i's Planning Commission (PC) Rule 8 regarding the Shoreline Setback and PC Rule 9 regarding the Special Management Area (SMA) to conform with Act 16, which amended Chapter 205A, Hawaii Revised Statutes (HRS) regarding the Special Management Area and Shoreline Setbacks. The proposed amendments to PC Rule 8 and 9 seek to add sea level rise to the definition of coastal hazards, adds a definition of beach to enhance beach protection, restricts construction of shoreline hardening structures at sites with beaches, increases the minimum shoreline setback from 20 feet to 40 feet and includes the construction of a single-family residence on a shoreline parcel as "development". DEFRANCO: So, we want to take the public testimony first. So, is that someone who is on Zoom then? 1 EXHIBIT A (DRAFT) KANUHA: Do we have anybody in person? DEFRANCO: Yeah. I'll swear you in, so, where is her name? Cory Harding, Harden. Cory Harden. Hi. HARDEN: Hi. DEFRANCO: Can you say you're going to tell the truth today before the Commissioners? HARDEN: Yes. DEFRANCO: Thank you. Can you again just state your name and where you're from? HARDEN: Okay, I'm Cory Harden from Hilo. First thank you all for your volunteer service on this Commission. I've sent an email testimony, I'm sorry it was late. I did not get notice of this meeting though I've been on the email list for years. I am in strong support of strengthening coastal zone management policy and that said I have a few comments. First, I wonder if the County has already been following requirements in Act 16 and changes before Act 16 made the HRS 205A and if the County was not following requirements were some County approvals done legally or not. Also, on pages 12 to 13 of the document. Work on structures is called repair if it's 5 1% or less of the replacement cost of the structure. And I hope there is something to prevent people from spreading out multiple repairs over time to avoid going over the 51% and doing things in bits and pieces. On Page 14, there's a requirement for an archaeological inventory report pursuant to DLNR and SHPD rules and that has been deleted and is replaced with a written description and plot plan. I would support keeping the inventory report, that's a stronger tool to protect historic resources and I think it's allowable for the County to have more stringent rules in the state. Looking at Rule 8,page 8-7. This says Planning can waive a public hearing on a variance application. I hope the helicopter is not disturbing you. Our tour companies at work. Planning can waive a public hearing on a variance application if no one asks for a hearing. I don't support this. It's easy to miss a little legal notice buried in the back of the newspaper and I again I didn't even get notice of this meeting. Rule 8 page 8-9. A variance can be granted if a proposal is related to private facilities or improvements that are clearly in the public interest. This seems awfully broad — HATA: Thirty (30) seconds remaining. HARDEN: I'd like to see something this come before the Planning Commission. Rule 11 page 11-4 at the bottom. There used to be language saying not in excess of one gallon per person per day. 2 EXHIBIT A (DRAFT) When you're taking things off the beach and the one-gallon limit got deleted but I wish it would be restored to protect our resources. So, thank you. DEFRANCO: Okay, thank you so much. Does anybody have any questions, for our, no questions. All right, we're all good. Thank you so much and so now we've concluded public testimony. The public testimony ended at 9:50 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 3 EXHIBIT A (DRAFT)