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DISTRIBUTED AT 4-20-23 <br /> JOINT LPC & WPC HEARING <br /> Proposed Amendments to PC Rules 8 & 9 <br /> From: Cory Testimony C. Harden 04.19.23 <br /> To: W PCtesti mono <br /> Subject: for April 20 <br /> Date: Wednesday,April 19,2023 8:41:00 AM <br /> Attachments: ISSUE shoreline 2023 4-20.docx <br /> attachment is identical <br /> Hello, I could not submit earlier because I did not receive e-mail notification, despite being <br /> signed up. thx, Cory <br /> comments on amendments to <br /> Planning Commission Rule 8 regarding the Shoreline Setback <br /> Planning Commission Rule 9 regarding the Special Management Area <br /> to conform with Act 16, which amended Chapter 205A, Hawai'i Revised Statutes <br /> re. the Special Management Area and Shoreline Setbacks <br /> for Joint Windward and Leeward Planning Commission meeting, 9:30 AM Thursday, April 20, 2023 <br /> from Cory Harden <br /> Aloha Commissioners, <br /> Thank you for your volunteer service. <br /> I support conforming with Act 16, but see below for "land mines" that go beyond Act 16. <br /> Mahalo, Cory <br /> p. 1 "changes to Department Rule 11 do not require approval by the Commission" <br /> What law or rule is the basis for this conclusion? <br /> p. 3 "...the Planning Director is proposing amendments to Planning Department and Planning <br /> Commission rules to reflect changes that were made in HRS 205A prior to Act 16 but have yet to be <br /> updated in both <br /> Department and Commission rules." <br /> It's been almost three years since the State law was passed. <br /> What was the deadline for the County to revise its rules to conform? <br /> If County actions were taken after the State law passed, without benefit of today's proposed <br /> rules, were the County actions legal? <br /> p. 12 #15 "Shoreline Setback Variance" <br /> Who grants these? Planning Director? Planning Commission? <br /> p. 14 "archaeological inventory report pursuant to DLNR and SHPD rules"was deleted <br /> "A written description and plot plan showing any known historic, archaeological, and cultural <br /> resources on the property" was added <br /> Keep the "archaeological inventory report" as a stronger tool to protect cultural history. <br /> p. 36 "8- 10 Waiver of Public Hearing and Action a)The Commission hereby delegates to the <br /> Department the authority to waive a public hearing and to take action on a variance application for... <br /> other structures or activities; provided that no person or agency has requested a public hearing <br />