HomeMy WebLinkAboutComm No 0042.01 - Transmit CA-25 for First ReadingDouglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
Date: March 11, 2019
2018-2020
HAWAII COUNTY
CHARTER COMMISSION
To: Members of the Hawai`i County Charter Commission
From: Douglass Shipman Adams, Chair
Hawai`i County Charter Commission
William Carthage Bergin
Michelle Galimba
Paul K. Hamano
Kevin D. Hopkins
Bobby Jean Akane Leithead Todd
Sarah H. Rice
Christopher John Imiloa Roehrig
Marcia A.K. Saquing
Donna Mae Springer
RE: Transmitting CA -25 for First Reading; Proposed Amendment to Section 6-7.5 and
Repealing Section 6-7.6 — Relating to the Leeward and Windward Planning
Commissions; Submitted by Commissioner Adams
Please find attached CA -25 as properly formatted for First Reading.
CA -25 passed Initial Approval on March 8, 2019, and will be placed on the April 25,
2019, meeting agenda for First Reading.
Should you have any questions, please contact our Commission Analyst, Jon Henricks.
DSA/jdh
Hawai`i County is an Equal Opportunity Provider and Employer
Comm. No. 42.1
CHARTER AMENDMENT NO. CA -25
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
Section 1. Article VI, Chapter 7, Section 6-7.5, of the Hawai`i County
Charter (2018 Edition), is amended to read as follows:
"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
new uniform rules of practice and procedure arc 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."
Section 2. Article VI, Chapter 7, Section 6-7.6, of the Hawai`i County Charter
(2018 Edition), is repealed:
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
leeward 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 lccward planning commissions, as appropriate
to be finalized.
(b) 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 terms on the windward and the leeward planning commissions, duly
assigned according to their respective residence address.
(e) If there shall exist vacancies on either the windward planning commission or the
lccward planning commission not filled by term hold over, the mayor shall
lccward planning commission in accordance with Section 13 'I, Hawai`i County
Charter (2000).]"
Section 3. Charter material to be repealed is bracketed and stricken through.
New charter material is underscored. When revising, compiling, or printing these charter
provisions for inclusion in the Charter of the County of Hawai`i (2020), the revisor need
not include the brackets, bracketed and stricken material, or underscoring.
Section 4. The revisor of the charter shall renumber charter article, chapter,
and section numbers and any cross references thereto pursuant to amendments approved
by the electorate.
Section 5. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, such invalidity shall not affect
other provisions or applications of the ordinance which can be given effect without the
invalid provision or application, and to this end, the provisions of this ordinance are
declared to be severable.
Section 6. This amendment shall take effect upon approval by the electorate.
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