ORDINANCE NO. 753 BILL NO. 1957, Draft 2
A BILL FOR AN ORDINANCE TO AMEND CHAPTER 7 OF THE KAUAʻI COUNTY CODE 1987 ENTITLED "THE GENERAL PLAN FOR THE COUNTY OF KAUAʻI"
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAʻI, STATE OF HAWAI`I:
SECTION 1. The purpose of this ordinance is to revise the General Plan for the County of Kauaʻi, in compliance with the Charter of the County of Kauai. This revision is based on the 1998-2000 General Plan Update undertaken by the Planning Department.
SECTION 2. Chapter 7 of the Kauai County Code 1987, as amended, is repealed and a new Chapter 7 is enacted, to read as follows:
CHAPTER 7
THE GENERAL PLAN FOR THE COUNTY OF KAUAʻI
Sec. 7-1.1 Title.
This Chapter shall be known and may be cited as "The General Plan for the County of Kauaʻi."
Sec. 7-1.2 Purpose.
Pursuant to the provisions of the Charter for the County of Kauaʻi, the General Plan sets forth in graphics and text, policies to govern the future physical development of the county. The General Plan is intended to improve the physical environment of the County and the health, safety and general welfare of Kauaʻi’s people.
The General Plan states the County’s vision for Kauaʻi and establishes strategies for achieving that vision. The strategies are expressed in terms of policies and implementing actions. They may be augmented and changed as new strategies are developed.
The General Plan is a direction-setting, policy document. It is not intended to be regulatory. It is intended to be a guide for future amendments to land regulations and to be considered in reviewing specific zoning amendment and development applications.
The vision, the maps and text policies, and the implementing actions are intended to guide county actions and decisions. In addition, the maps and text policies are intended to guide the County in specific types of actions: making revisions to land use and land development regulations; deciding on zoning changes; preparing and adopting Development Plans and Public Facility Plans; and preparing and adopting capital improvement plans.
Sec. 7-1.3 Definitions.
"Charter" means the Charter of the County of Kauaʻi, as amended.
"CIP" means the Capital Improvement Program of the County of Kauaʻi, which is part of the annual budget ordinance and programs appropriations and funding for capital improvements for six years and beyond.
"Comprehensive Zoning Ordinance" means the Comprehensive Zoning Ordinance of the County of Kauaʻi, Chapter 8, Kauaʻi County Code 1987, as amended.
"Council" means the Council of the County of Kauaʻi.
"Development" means any public improvement project, or any public or private project requiring a permit or approval from the Planning Department or Planning Commission.
"Development Plan" means a detailed plan for a specific geographic area of the County of Kauaʻi, as defined by Sec. 14.07 of the Charter and as further defined herein.
"General Plan" means the General Plan for the County of Kauai, including the vision, policies, implementing actions and Land Use and Heritage Resources maps.
"Implementing Action" means a strategy to implement a policy, which may include recommendations for amending ordinances and rules.
"Owner" means the holders of at least seventy-five percent (75%) of the equitable and legal title of a lot.
"Planning Commission" means the Planning Commission of the County of Kauai.
"Planning Department" means the Planning Department of the County of Kauai.
"Planning Director" means the Director of the Planning Department of the County of Kauai.
"Policy" means a statement in the General Plan Policies Sections intended to guide the County in achieving the vision
"Public facility" means a building, road, pipeline, or other capital improvement that is constructed by the County of Kauaʻi in order to provide a service to the public.
“Special Management Area Rules and Regulations” means the Special Management Area Rules and Regulations of the County of Kauaʻi, as amended.
“Special Development Plans” means the Special Development Plans, Chapter 10, Kauaʻi County Code 1987, as amended.
“Subdivision Ordinance” means the Subdivision Ordinance for the County of Kauaʻi, Chapter 9, Kauaʻi County Code 1987, as amended.
“Vision” means a preferred future as described in Chapter 2 of the text of the General Plan.
“Zoning Amendment” means a change of the zoning district boundaries in relation to a specific parcel or parcels of land.
Sec. 7-1.4 Applicability.
(a) All actions and decisions undertaken by the County Council and the County Administration, including all County departments, agencies, Boards and Commissions, shall be guided by the vision statement, policies, and the implementing actions of the General Plan.
(b) Ordinances and rules that relate to the following shall be guided by the policies of the General Plan:
- Development Plans;
- Public Facility Plans;
- Land use policies and regulations, including but not limited to zone changes, zoning regulations, subdivision regulations, and SMA rules and regulations;
- Site development and environmental regulations, such as grading and drainage regulations; and
- The six-year Capital Improvement Program.
Sec. 7-1.5. Adoption.
(a) The plan document on file with the County Clerk entitled “Kauaʻi General Plan”, including the maps and text policies, vision and implementing actions dated as of the effective date of this ordinance, is hereby adopted by reference and made a part of this ordinance.
(b) Upon adoption of this ordinance, prior resolutions and ordinances relating to the 1984 General Plan are superseded; provided that conditions of approval attached to General Plan Amendment Ordinances adopted prior to the adoption of this General Plan shall remain in effect.
Sec. 7-1.6 Administration.
The Planning Department shall administer the provisions of this ordinance and the General Plan in accordance with the provisions of the County Charter.
Sec. 7-1.7 Interpretation.
The Planning Director shall interpret the General Plan and the consistency of a County action or a proposed development with the General Plan, subject to the review of the Planning Commission.
Sec. 7-1.8 Review of the General Plan.
The Planning Department shall undertake a comprehensive review of the General Plan within ten years of the date of adoption and shall report its findings and recommended revisions to the Planning Commission and the County Council.
Sec. 7-2.1 Planning System.
The County of Kauai adopts plans and employs various methods of implementation. The various elements comprise the County of Kauai Planning System.
Sec. 7-2.2 General Plan.
(a) Through text and graphic provisions, the General Plan establishes policy for the long-range development, conservation, use and allocation of land, water, and other resources in the County of Kauai.
(b) The General Plan includes but is not limited to the following elements:
- The Vision Statement describes the desired state of the County 20 years in the future.
- The Policies establish the framework for the physical development of the County. They serve as guidelines for the location of general land uses and public facilities, the various aspects of conservation and development of the physical environment, programs, and the allocation of resources. The policies consist of both textual and graphic elements, such as maps and illustrations. Descriptive sections and policy rationale sections provide context and amplify the intent of the policies.
- The Implementing Actions set forth recommended courses of action to carry out the policies.
Sec. 7-2.3 Development Plan.
(a) A Development Plan is intended to direct physical development and public improvements within a specific geographic area.
(b) Each Development Plan shall state a specific purpose and set of objectives in relation to a specified geographic area. A Development Plan may be long-range and comprehensive, or it may be focused on specific, short-term objectives.
(c) A Development Plan may contain detailed guidance for land use and zoning, circulation systems, architectural design, public facilities, or other matters relating to the physical development of the planning area.
(d) In accordance with the Charter, a Development Plan shall be submitted to the Planning Commission for review and recommendation and to the County Council for adoption by ordinance.
Sec. 7-2.4 Public Facility Plan.
(a) Public facility plans shall include but not be limited to the following types:
- A system plan is a long-range comprehensive plan for a public service system that is island wide in scope. The purpose of the system plan is to establish policy and set priorities for services, facilities, capital improvements, and funding, considering the needs and capabilities of the various geographic areas.
- A facility plan is a master plan for the development of a specific facility, which may include a single capital improvement project or a series of capital improvements to be undertaken over a longer period of time.
(b) A Public Facility Plan shall be submitted to the County Council for adoption by resolution.
Sec. 7-2.5 Land Use Regulations.
The County regulates land use through the Comprehensive Zoning Ordinance and other ordinances and rules.
(a) Land use regulations consist of development standards, application procedures, and criteria for granting permits or other approvals. They include but are not limited to the following:
- Comprehensive Zoning Ordinance
- Subdivision Ordinance
- Special Development Plan Ordinances
- Special Management Area Rules and Regulations
(b) Amendments and updates of land use regulations and maps shall be consistent with the policies of the General Plan.
(c) Reviews of specific zoning amendment and development applications by government and private organizations shall be guided by the General Plan and shall consider the extent to which a proposed development supports the vision, policies and implementing actions of the General Plan.
Sec. 7-2.6 Capital Improvement Program Review.
(a) In consultation with the other departments, the Planning Department shall establish a systematic method of organizing capital improvement and service priorities, to be used in the formulation of the six-year Capital Improvement Program and County appropriations for capital improvements.
(b) The Planning Department shall review the annual Capital Improvement Program and each County budget submittal for conformance to stated CIP priorities and shall evaluate each project according to the established priorities. The Planning Department evaluation shall be submitted to the County Council as part of the annual budget
Sec. 7-3.1 In General.
The General Plan Ordinance or the General Plan of the County of Kauai may be amended by ordinance, in accordance with the Charter. An amendment may change provisions of this ordinance; text provisions or map designations of the General Plan document; or any of these in combination.
Sec. 7-3.2 Initiation.
(a) An amendment may be initiated by the Planning Director, by the Planning Commission, or by the Council.
(b) An amendment may be initiated by the verified petition of an owner or a person fully authorized by the owner of property affected by the proposed amendment.
- The petition shall be of such form and include such information and exhibits as may be prescribed by the Planning Director. The petition shall be filed with the Planning Department, accompanied by a filing fee of One hundred dollars ($100).
- Within 15 working days of a filing, the Planning Director shall accept or reject the petition for amendment, based on compliance with amendment application requirements. The petitioner shall be notified in writing of the acceptance decision.
Sec. 7-3.3 Public Hearings.
The Planning Commission shall hold at least one (1) public hearing on any proposed amendment.
(a) Except for amendments relating to government or public utility developments and amendments initiated by the Council or Planning Commission, proposed amendments shall be considered for public hearings twice a year.
- The Planning Commission shall conduct public hearings on proposed General Plan amendments only during the months of January and July. At any public hearing, any number of petitions may be heard provided that each petition is heard separately. In the event the proposed amendments cannot all be heard in those months, the Planning Commission shall continue the hearing period to the following month or months.
- Petitions and resolutions accepted by the Planning Commission not later than sixty (60) days prior to the review months of January and July shall be considered by the Planning Commission and Council for review and action.
(b) At least fifteen (15) days prior to the public hearing, the Planning Commission shall give notice thereof to the petitioner and also by publishing at least once in a newspaper of general circulation published in the County the time, date and place of such hearing, its purpose and a description of any property which may be involved.
(c) In the case of a petition for amendment of the General Plan Land Use Map, the petitioner, at least twelve (12) days prior to the scheduled date of such hearing, shall either hand deliver written notice to persons listed on the current Notice of Property Assessment Card File located at the Real Property Division of the Department of Finance of the County of Kauai, or mail, by certified mail, written notice to the addresses shown on such Notice of Property Assessment Cards, for at least eighty-five percent (85%) of all parcels of real property within (300) feet from the nearest point of the premises involved in the application to the nearest point of the affected property. For the purposes of this paragraph, notice to one co-owner shall be sufficient notice to all other co-owners of the same parcel of real property. For each condominium project within the affected area, one notice of the hearing shall be sent addressed “To the Residents, Care of the Manager”, followed by the name and address of the condominium involved. The notice shall include the following information and shall be in a form approved by the Planning Director:
- date;
- time;
- location;
- purpose;
- description or sketch of property involved; and
- explanation of the amendment process with emphasis on forthcoming Council action
At least seven (7) days prior to the hearing date, the petitioner shall file with the Planning Commission an affidavit as to the mailing or delivery of such notice and a list of persons to whom such notices were sent.
Should the petitioner fail to submit the affidavit within the time required, the public hearing shall be postponed, and the Planning Commission shall reschedule another hearing within sixty (60) days of the postponed hearing. The petitioner shall be required to pay for the republication costs and shall follow the notice requirements of this paragraph in the renotification of all persons previously notified.
(d) Where specific General Plan amendments are initiated by the Planning Commission or the Council, the public hearing notice requirements of subsection (c) above shall apply, except that, in the consideration of General Plan Updates, the requirements of subsection (b) above shall apply.
(e) The Planning Department shall mail a copy of the resolution or petition initiating the change together with other relevant information and a request for comments, to community associations and other civic organizations that have filed written requests with the Planning Department.
Sec. 7-3.4 Consideration.
In considering an amendment that proposes to change the General Plan Ordinance or the text or maps of the General Plan, the Planning Commission shall consider the purpose and probable outcomes of the proposed amendment in relation to the various provisions of the General Plan. In order to recommend adoption of an amendment to the General Plan, the Planning Commission must find that the amendment is consistent with other elements of the General Plan and that it advances the health, safety and general welfare of the people of Kauai.
Sec. 7-3.5 Planning Commission Action.
After the conclusion of the public hearing the Planning Commission shall recommend approval, approval with modifications, or denial of a proposed amendment and shall submit a report of its findings and recommendation to the Council.
Such report shall be submitted within ninety (90) days after the public hearing, or within such longer period as may be agreed upon by the Planning Commission and the initiator of the proposed amendment.
Sec. 7-3.6 County Council Action.
Within seventy-five (75) days after receipt (time stamp) of the Planning Commission report, the Council shall hold a public hearing and shall give notice thereof by one (1) publication in a newspaper of general circulation published within the County at least fifteen (15) days prior to such hearing. After conclusion of the hearing, the Council may adopt the proposed amendment or any part thereof by a majority vote of the Council in such form as said Council deems advisable. A proposed amendment that does not receive affirmative action by a majority of the Council shall be deemed denied
When an amendment initiated by petition is denied, the same or a substantially similar amendment may not be initiated by petition sooner than one (1) year following such denial.
Sec. 7-3.7 Withdrawal; Abandonment.
Any petition for an amendment may be withdrawn upon the written application of the initiator. The Council or the Planning Commission, as the case may be, may, by motion abandon any proceedings for an amendment initiated by its own resolution or intention.
Such withdrawal or abandonment may be made only when such proceedings are before such body for consideration.
Sec. 7-4.1 Existing Zoning and Subdivision Ordinances.
(a) All existing zoning amendment ordinances, including but not limited to all existing land use permits, and all existing subdivisions, shall continue to remain in effect following the enactment of this ordinance.
(b) Existing land use regulations, including but not limited to those in the Special Development Plans, the Comprehensive Zoning Ordinance, and the Subdivision Ordinance, shall continue to regulate the use of land within demarcated zoning districts until such time as the ordinances may be amended to be consistent with the General Plan.
(c) Notwithstanding adoption of the General Plan, land use permits and subdivisions shall continue to be subject only to applicable ordinances and rules and regulations in effect at the time the application is accepted for processing.
SECTION 3. After adoption of this ordinance, the Planning Department shall print in bound form, sufficient copies of this ordinance together with the plan document, as amended and finally adopted by the County Council. The brackets, bracketed material, and underscoring need not be included. The Planning Director, with the approval of the County Attorney, may correct any manifest clerical or typographical errors in the final plan document before its publication.
SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or property or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this 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 5. Effective Date. This ordinance shall take effect upon its enactment.
INTRODUCED BY: /s/ DARYL W. KANESHIRO (By Request)
DATE OF INTRODUCTION:
September 20, 2000
Lihue, Kauai, Hawaii
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that heretofore attached is a true and correct copy of Bill No. 1957, Draft 2, which was passed on second and final reading by the Council of the County of Kauai at its meeting held on November 29, 2000, by the following vote:
FOR ADOPTION: Baptiste, Kaneshiro, Swain, Tokioka, Valenciano, Kouchi TOTAL - 6,
AGAINST ADOPTION: Hooser - TOTAL - 1,
EXCUSED & NOT VOTING: None - TOTAL - 0.
Lihue, Hawaii
November 30, 2000
/s/ Peter A. Nakamura
County Clerk, County of Kauai
ATTEST:
/s/ Ron Kouchi
Chairman & Presiding Officer
DATE OF TRANSMITTAL TO MAYOR:
November 30, 2000
Approved this 30th day of November, 2000.
/s/ Maryanne W. Kusaka
Mayor
County of Kauai
Note:
Users should confirm the accuracy of the information with the hardcopy ordinances published according to law. Copies of individual ordinances are available from the County Clerk's Office, phone (808) 241-4188.