STAND. COM. REP. NO. 3336

Honolulu, Hawaii

RE: S.C.R. No. 179

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committees on Water and Land and Housing, to which was referred S.C.R. No. 179 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY AND COUNTY OF HONOLULU TO REQUIRE A CONDITIONAL USE PERMIT-MAJOR FOR ANY AND ALL ALLOWED USES ON LANDS IN P-2 GENERAL PRESERVATION DISTRICTS THAT ARE WITHIN ONE HUNDRED FEET OF A RESIDENTIAL AREA,"

beg leave to report as follows:

The purpose and intent of this measure is to request the City Council of the City and County of Honolulu to require a conditional use permit-major for any and all allowed uses on lands in P-2 General Preservation Districts that are within one hundred feet of a residential area.

Your Committees received testimony in support of this measure from the Board of Directors of the Royal Kunia Community Association and one individual. Your Committees received testimony in opposition to this measure from the Hawaiian Electric Company, Inc., and Land Use Research Foundation.

Your Committees find that a conditional use permit-major is required for projects that are considered appropriate in zoning districts in the City and County of Honolulu only if certain standards and conditions are met. The Department of Planning and Permitting of the City and County of Honolulu uses a Master Use Table under the Revised Ordinances of Honolulu that lists uses within each zoning district that may be permitted only after obtaining a conditional use permit-major. By requesting the Honolulu City Council to require a conditional use permit-major for all uses on lands in P-2 General Preservation Districts that are within one hundred feet of a residential area, this measure will assist in ensuring that preservation zoning districts are preserved and managed as open spaces, recreational lands, or lands of scenic and other natural resource value.

Your Committees note that there are existing electrical utility transmission, sub-transmission, and distribution facilities throughout P-2 zoned areas that are critical to maintaining the overall reliability of the electrical utility systems from conventional systems as well from renewable energy resources to the grid. This measure could delay work on electrical utility facilities in these areas and negatively impact any emergency repairs on electrical systems, which could elevate the risk for long-term power outages.

Accordingly, your Committees have amended this measure by:

(1) Exempting Utility Installations Type A or Type B from the request to require a conditional use permit-major for any and all allowed uses on lands in P-2 General Preservation Districts within one hundred feet of a residential area;

(2) Amending its title accordingly;

(3) Adding language that requests the City Council of the City and County of Honolulu to consider whether conditional use permits-major should be required for all uses on lands in other zoning districts; and

(4) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Water and Land and Housing that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 179, as amended herein, and recommend that it be referred to your Committee on Ways and Means, in the form attached hereto as S.C.R. No. 179, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Water and Land and Housing,

________________________________ WILL ESPERO, Chair

________________________________ KARL RHOADS, Chair