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Home My WebLink AboutCA-0025 - Proposed Amendment to Sec 6-7-5 and Repealing Sec 6-7-6 Planning CommPROPOSAL NO. CA -25 (For Commission Use Only) 2018-2020 HAWAII COUNTY CHARTER COMMISSION CHARTER AMENDMENT PROPOSAL FORM 1. GENERAL INFORMATION Name of Commission Member: ADAMS 2. If applicable, list the charter provision(s) to be deleted or amended: Amend Section 6-7.5 and delete Section 6-7.6. 3. Provide a brief description of the purpose of the proposed charter amendment; include a description of the issue the proposal would address: These actions remove transitional language from the current charter that is no longer applicable to the operations or structure of the Windward and Leeward planning commissions. Both commissions and the planning department support these actions. 4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction, name the jurisdiction and, if possible, attach a copy of the relevant provision(s). 5. If the proposal is based on any written materials you have, please attach a copy with a citation to its source. See reverse side Form CA -1 Revised 8/29/18 1 of 2 6. Attach the text of the proposed charter amendment in Ramseyer format (see below). Ramseyer Format, if proposing: Amendments to Existing Charter Provisions Any language being proposed to be added to the Charter shall be underscored. Any language being proposed to be deleted from the Charter shall be [bracketed and stricken] . Replacing Existing Charter Provisions in their Entirety Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed to be deleted, and provide the text of any provisions proposed to replace the deleted material. New Charter Provisions Provide the text of the new provision(s) and, if possible, indicate where in the Charter the new material should be inserted. Form CA -1 Revised 8/29/18 2 of 2 Hawaii County Charter Proposal -- text Section 6-7.5. Duties and Functions of the Windward and Leeward Planning Commissions. (a) Both commissions shall: (1) Advise the mayor, council and the planning director on planning and land use matters pursuant to law and this charter. (2) Review the general plan, its amendments and other plans and modifications thereof and transmit such plans with recommendations thereon through the mayor to the council for consideration and action. (3) Review proposed subdivision and zoning ordinances and amendments thereto and transmit such ordinances with recommendations thereon through the mayor to the council for consideration and action. (4) Conduct public hearings in every case prior to action on any matter upon which the commission is required by law or this charter to act. Notice of the time and place of the hearing shall be published at least ten days prior to such hearing in at least two daily newspapers of general circulation in the county and shall also be distributed via an electronic medium, such as the Internet. (5) Perform such other related duties and functions as may be necessary or required pursuant to law and this charter. (b) A uniform body of rules of practice and procedure, except for meeting places and times, shall apply to both commissions. Uniform rules of practice and procedure shall be adopted by a majority vote of the combined membership of the windward planning commission and the leeward planning commission, meeting jointly. [The existing rules of practice and procedure of the Hawai`i county planning commission, except for and procedure are adopted.] (c) Each planning commission shall review and take action upon applications for land use changes and community development plans involving only property within their respective jurisdictions, other than those involving the general plan. If an application for a land use change or a community development plan includes land within the jurisdiction of both the windward planning commission and the leeward planning commission, the application shall be considered by both commissions meeting jointly and action shall require the affirmative vote of a majority of the combined membership of the two commissions. All amendments to the general plan or the adoption of a new general plan shall be considered by each planning commission, meeting separately, and each commission shall make its own recommendation to the council. Each planning commission, meeting separately, shall make its own recommendations to the council on changes to the subdivision and zoning codes and any other planning or land use matters which apply generally and not to a specific area. The planning director shall determine which commission shall take jurisdiction over any matters when not fully established by the charter. 1 The existing planning commission shall remain in effect and continue to hear and decide matters pursuant to Section 6 7.3, Hawai`i County Charter (2000), until April 1, 2009, the date upon which the windward planning commission and the lccward planning commission becomes effective. Matters pending before the existing planning commission that arc not finally decided by April 1, 2009, will be transferred to the windward or leeward planning commissions, as appropriate to be finalized. Members of the existing planning commission whose terms will not have expired on April 1, 2009, shall hold over and continue to serve the remainder of their respective to their respective residence address. - - - - ither the windward planning commission not filled by term hold over, the mayor shall appoint the remaining members of the windward planning commission and the lccward planning commission in accordance with Section 13 11, Hawai`i County Charter (2000).]