DEPARTMENT OF PLANNING AND PERMITTING
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN, pursuant to Chapter 91, Hawaii Revised Statutes (HRS), that the Department of Planning and Permitting of the City and County of Honolulu will hold a public hearing to consider amendments to Part 2 Rules Relating to Shoreline Setbacks and the Special Management Area. The hearing will be held at the following time and location:
DATE: Tuesday, September 17, 2013
TIME: 10:00 a.m.
PLACE: Mission Memorial Conference Room, Mission Memorial Building,
550 South King Street, Honolulu, Hawaii
PURPOSE AND DESCRIPTION OF THE PROPOSED AMENDMENTS TO PART 2 RULES RELATING TO SHORELINE SETBACKS AND THE SPECIAL MANAGEMENT AREA
The purpose of the proposed action is to simplify the Department of Planning and Permitting (DPP) Part 2 Rules (“the rules”). The DPP has always considered a solid wall in the 40-foot Shoreline Setback Area as a structure that could only be constructed and/or retained after the property owner obtained a Shoreline Setback Variance from the DPP Director. Therefore, such a structure was not viewed as being eligible for a Minor Shoreline Structure Permit. But the rules are unclear in what is and what is not considered to be a minor structure in the Shoreline Setback Area. Therefore, the rules specifically state that all buildings and walls in the 40-foot Shoreline Setback Area shall not be considered minor structures that are eligible for a Minor Shoreline Setback Permit. Such buildings and walls would thus only be permitted after a Shoreline Setback Variance has been approved.
CHAPTER 15 MINOR STRUCTURES AND ACTIVITIES:
Section 15-1(b) is amended to limit the minor structures and activities specified in that section to only those listed uses and activities.
A new subdivision 15-1(b)(15) is added which states that other structures, as may be determined by the DPP Director to be appropriate pursuant to new subsection 15-1(c), are considered minor shoreline structures.
New subsection 15-1(c) states that, for purposes of this chapter, the DPP Director may consider for treatment and include other types of structures as minor structures, provided such structures shall, as a class: (1) satisfy the criteria enumerated in Section 15-1(a) of the Rules; and (2) share essential characteristics with those types of structures identified in Section 15-1(b). New subdivision 15-1(c)(3) specifically excludes from classification as a minor shoreline structure all buildings and walls of any kind and at any height, and any work requiring a grading or grubbing permit.
Various other minor amendments to Chapter 15 are technical, non-substantive, and housekeeping in nature.
For any questions regarding the proposed amendment, you may call Nelson Armitage at Department of Planning and Permitting at 768-8016.
All interested persons are invited to attend. Those persons desiring to testify may register prior to the public hearing at the public hearing site and are encouraged to submit one copy of their testimony in writing.
Attendance at the public hearing is not necessary to submit testimony. Written testimony which is received by the Department of Planning and Permitting at the above address prior to the public hearing will be included with the transcripts of the hearing and will be considered in the evaluation of the request.
George I. Atta, FAICP, Director
Department of Planning and Permitting