Sections
24-5.1 Definitions.
24-5.2 Applicability and intent.
24-5.3 Adoption of the Central Oahu sustainable communities plan.
24-5.4 Existing zoning and subdivision ordinances.
24-5.5 Consistency.
24-5.6 Implementation.
24-5.7 Zoning change applications.
24-5.8 Review of development and other applications.
24-5.9 Annual capital improvement program review.
24-5.10 Five-year review.
24-5.11 Biennial report.
24-5.12 Authority.
24-5.13 Severability.
24-5.14 Conflicting provisions.
Sec. 24-5.1 Definitions.
Unless the context otherwise requires, the definitions contained in this section shall govern
the construction of this article and the Central Oahu sustainable communities plan.
"Charter" or "Revised Charter" means the Revised Charter of the City and County
of Honolulu 1973, as amended.
"City" means the City and County of Honolulu.
"Council" means the city council of the City and County of Honolulu.
"County" means the City and County of Honolulu.
"Department" or "department of planning and permitting" means the department of planning and
permitting of the City and County of Honolulu.
"Development" means any public improvement project, or any public or private project requiring
a zoning map amendment.
"Development plan" or "sustainable communities plan" means a plan document for a given
geographic area which consists of conceptual schemes for implementing and accomplishing the development
objectives and policies of the general plan for the several parts of the
City and County of Honolulu.
"Director" means the director of the department of planning and permitting.
"Environmental assessment" and "EA" mean a written evaluation prepared in compliance with the
environmental quality commission's procedural rules and regulations implementing HRS Chapter 343 to determine
whether an action may have a significant environmental effect.
"Environmental impact statement" and "EIS" mean an informational document prepared in compliance with
the environmental quality commission's procedural rules and regulations implementing HRS Chapter 343; and
which discloses the environmental effects of a proposed action, effects of a proposed
action on the economic and social welfare of the community and state, effects
of the economic activities arising out of the proposed action, measures proposed to
minimize adverse effects, and alternatives to the action and their environmental effects.
"Finding of no significant impact" and "FONSI" mean a determination based on an
environmental assessment that the subject action will not have a significant effect and,
therefore, will not require the preparation of an environmental impact statement.
"Functional plan" means the public facility and infrastructure plans prepared by public agencies
to further implement the vision, policies, principles, and guidelines set forth in the
Central Oahu sustainable communities plan.
"General plan" means the general plan of the City and County of Honolulu
as defined by Revised Charter Section 6-1508.
"Hawaii Revised Statutes" or "HRS" means Hawaii Revised Statutes, as amended.
"Planning commission" means the planning commission of the City and County of Honolulu.
"Project master plan" means a conceptual plan that covers all phases of a
development project. The project master plan shall be that portion of an EA
or EIS which illustrates and describes how the project conforms to the vision
for Central Oahu, and the relevant policies, principles, and guidelines for the site,
the surrounding lands, and the region.
"Revised Ordinances of Honolulu" or "ROH" means Revised Ordinances of Honolulu 1990, as
amended.
"Significant zone change" means a zone change which involves at least one of
the following:
(1) Any change in zoning of 25 or more acres of land to any
zoning district or combination of zoning districts, excluding preservation or agricultural zoning districts;
(2) Any change in zoning of more than 10 acres to a residential or
country zoning district;
(3) Any change in zoning of more than five acres to an apartment, resort,
commercial, industrial or mixed use zoning district; or
(4) Any development which would have a major social, environmental, or policy impact, or
major cumulative impacts due to a series of applications in the same area.
"Special area" means a designated area within the Central Oahu sustainable communities plan
area that requires more detailed planning efforts beyond what is contained in the
Central Oahu sustainable communities plan.
"Special area plan" means a plan for a special area.
"Unilateral agreement" means a conditional zoning agreement made pursuant to the city's land
use ordinance as part of the process of enactment of an ordinance for
a zone change and that imposes conditions on a landowner's or developer=s use
of the property.
(Added by Ord. 02-62)
Sec. 24-5.2 Applicability and intent.
(a) The Central Oahu sustainable communities plan area encompasses the upland plateau between the
Waianae and the Ko'olau Mountain Ranges. The area includes the towns of Waipahu,
Mililani, and Wahiawa and their surrounding communities.
(b) It is the intent of the Central Oahu sustainable communities plan to provide
a guide for orderly and coordinated public and private sector development in the
Central Oahu sustainable communities plan area in a manner that is consistent with
applicable general plan provisions, including the designation of Central Oahu as an urban
fringe area which is to be developed to relieve development pressures in the
remaining urban-fringe and rural areas and to meet housing needs not readily provided
in the primary urban center.
(c) The provisions of this article and the Central Oahu sustainable communities plan are
not regulatory. Rather, they are established with the explicit intent of providing a
coherent vision to guide resource protection and land use within Central Oahu. This
article shall guide any development for Central Oahu, public investment in infrastructure, zoning
and other regulatory procedures, and the preparation of the city=s annual capital improvement
program budget.
(Added by Ord. 02-62)
Sec. 24-5.3 Adoption of the Central Oahu sustainable communities plan.
(a) This article is adopted pursuant to Revised Charter Section 6-1509 and provides a
self-contained sustainable communities plan document for Central Oahu. Upon enactment of this article,
all proposed developments will be evaluated against how well they fulfill the vision
for Central Oahu enunciated in the Central Oahu sustainable communities plan and how
closely they meet the policies, principles, and guidelines selected to implement that vision.
(b) The plan entitled "Central Oahu Sustainable Communities Plan," attached as an exhibit to
this ordinance, is hereby adopted by reference and made part of this article.
(c) Chapter 24, Article 1, entitled "Development Plan Common
Provisions," in its entirety is no longer applicable to the Central Oahu plan
area. The Central Oahu sustainable communities plan, as adopted by reference by this
ordinance, supersedes any and all common provisions previously applicable to the Central Oahu
area.
(d) Ordinance 83-7, as amended, entitled, "Article 5, Central Oahu: Part I Development Plan
Special Provisions for Central Oahu," and "Part II Development Plan Maps (Land Use
and Public Facilities Maps) for Central Oahu," is hereby repealed in its entirety.
(e) Notwithstanding Section 2 of this ordinance and subsection (d) of this section:
(1) Those provisions of Chapter 24, Article 1, relating to
development plan public facilities maps;
(2) Those provisions of Ordinance 83-7, as amended,
relating to the development plan public facilities map
for Central Oahu; and
(3) The development plan public facilities map for Central
Oahu, as amended;
shall remain in force and effect until such time as the public infrastructure
map for Central Oahu is adopted in accordance with the provisions of Chapter
4, Article 8.
(Added by Ord. 02-62)
Sec. 24-5.4 Existing zoning and subdivision ordinances.
(a) All existing subdivisions and zoning approved prior to February 18, 2003 * for projects,
including but not limited to those subject to unilateral agreements, shall continue to
remain in effect following February 18, 2003. *
(b) Subdivision and zoning ordinances applicable to the Central Oahu sustainable communities plan area
enacted prior to February 18, 2003 * shall continue to regulate the use of
land within the demarcated zones of the Central Oahu sustainable communities plan area
until such time as the subdivision and zoning ordinances may be amended to
be consistent with the Central Oahu sustainable communities plan.
(c) Notwithstanding adoption of the Central Oahu sustainable communities plan, application for subdivision actions
and land use permits accepted by the department for processing prior to February
18, 2003 * shall continue to be subject only to applicable ordinances and rules
and regulations in effect at the time the application is accepted for processing.
(Added by Ord. 02-62)
[ *Editor’s Note: “February 18, 2003” is substituted for “the effective date of this
ordinance.”]
Sec. 24-5.5 Consistency.
(a) The performance of prescribed powers, duties and functions by all city agencies shall
conform to and implement the policies and provisions of this ordinance. Pursuant to
Revised Charter Section 6-1511.3, public improvement projects and subdivision and zoning ordinances shall
be consistent with the Central Oahu sustainable communities plan.
(b) Any questions of interpretation regarding the consistency of a proposed development with the
provisions of the Central Oahu sustainable communities plan and the objectives and policies
of the general plan shall ultimately be resolved by the council.
(c) In determining whether a proposed development is consistent with the Central Oahu sustainable
communities plan, the responsible agency shall primarily take into consideration the extent to
which the development is consistent with the vision, policies, principles, and guidelines set
forth in the Central Oahu sustainable communities plan.
(d) Whenever there is a question regarding consistency between existing subdivision or zoning ordinances,
including any unilateral agreements, and the Central Oahu sustainable communities plan, the existing
subdivision or zoning ordinances shall prevail until such time as they may be
amended to be consistent with the Central Oahu sustainable communities plan.
(Added by Ord. 02-62)
Sec. 24-5.6 Implementation.
Implementation of this article relating to the Central Oahu sustainable communities plan will
be accomplished by the following:
(a) Initiating zoning map and development code amendments to achieve consistency with the policies,
principles, and guidelines of the Central Oahu sustainable communities plan;
(b) Guiding development in the special areas of Waipahu and Wahiawa through the special
area plans for each area;
(c) Guiding public investment in infrastructure through functional plans which support the vision of
the Central Oahu sustainable communities plan;
(d) Recommending approval, approval with modifications or denial of developments seeking zoning and other
development approvals based on how well they support the vision of the Central
Oahu sustainable communities plan;
(e) Incorporating Central Oahu sustainable communities plan priorities through the public infrastructure map and
the city's annual budget process;
(f) Evaluating progress in achieving the vision of the Central Oahu sustainable communities plan
periodically and presenting the results of the evaluation in the biennial report which
is required by Revised Charter Section 6-1510.4; and
(g) Reviewing the vision of the Central Oahu sustainable communities plan every five years
and revising, as necessary, on the basis of that review, the policies, guidelines,
and capital improvement program investments therein.
(Added by Ord. 02-62)
Sec. 24-5.7 Zoning change applications.
(a) All zone change applications relating to land in the Central Oahu sustainable communities
plan area will be reviewed by the department for consistency with the general
plan, the Central Oahu sustainable communities plan, and any applicable special area plan.
(1) The director will recommend either approval, approval with changes, or denial. The director's
written review of the application shall become part of the zone change report
which will be sent to the planning commission and the city council.
(2) A project master plan shall be a part of an EA or EIS
for any project involving 25 acres or more of land. The director shall
review the project master plan for its consistency with the Central Oahu sustainable
communities plan.
(3) Any development or phase of a development already covered by a project master
plan which has been fully reviewed under the provisions of this article shall
not require a new project master plan, provided the director determines that the
proposed zone change is generally consistent with the existing project master plan for
the affected area.
(4) If a final EIS has already been accepted for a development, including one
accepted prior to February 18, 2003, * then a subsequent project master plan shall
not be required for the development.
(b) For projects which involve a significant zone change, an environmental assessment shall be
submitted to the department. Any development or phase of a development which has
already been assessed under the National Environmental Policy Act, HRS Chapter 343, ROH
Chapter 25 or the provisions of this article, and for which a FONSI
has been filed or a required EIS has been accepted, shall not be
subject to further EA or EIS requirements under this chapter.
(c) The environmental assessment will be reviewed by the department. Based on review of
the environmental assessment, the director will determine whether an environmental impact statement will
be required or whether a FONSI should be issued.
(d) Zone changes shall be processed in accordance with this section, Section 5.4 of
the Central Oahu sustainable communities plan, and ROH Chapter 21.
(Added by Ord. 02-62)
[ *Editor’s Note: “February 18, 2003” is substituted for “the effective date of this
ordinance.”]
Sec. 24-5.8 Review of development and other applications.
The review of applications for zone changes and other development approvals will be
guided by the vision of the Central Oahu sustainable communities plan. Decisions on
all proposed developments shall be based on the extent to which the project
enabled by the development approval supports the policies, principles, and guidelines of the
Central Oahu sustainable communities plan.
The director may review other applications for improvements to land to help the
responsible agency determine whether a proposed improvement supports the policies, principles, and guidelines
of the Central Oahu sustainable communities plan.
(Added by Ord. 02-62)
Sec. 24-5.9 Annual capital improvement program review.
Annually, the director shall work jointly with the director of budget and fiscal
services and the applicable city agencies to review all projects in the city's
capital improvement program and budget for compliance and consistency with the general plan,
the Central Oahu sustainable communities plan and other development and sustainable communities plans,
any applicable special area plans, and appropriate functional plans. The director will prepare
a written report of findings to the council.
(Added by Ord. 02-62)
Sec. 24-5.10 Five-year review.
(a) The department shall conduct a comprehensive review of the Central Oahu sustainable communities
plan every five years subsequent to February 18, 2003 * and shall report its
findings and recommended revisions to the city council.
(b) The Central Oahu sustainable communities plan will be evaluated to assess the appropriateness
of the plan's regional vision, policies, design principles and guidelines, and implementing actions,
as well as its consistency with the general plan.
(c) Nothing in this section shall be construed as prohibiting the processing of a
revision to the Central Oahu sustainable communities plan in accordance with the charter.
(Added by Ord. 02-62)
[ *Editor’s Note: “February 18, 2003” is substituted for “the effective date of this
ordinance.”]
Sec. 24-5.11 Biennial report.
In addition to meeting the requirements of Revised Charter Section 6-1510.4, the department
of planning and permitting's biennial report shall also address the county's achievements and
progress in fulfilling the vision of the Central Oahu sustainable communities plan. (Added
by Ord. 02-62)
Sec. 24-5.12 Authority.
Nothing in this article shall be construed as an abridgement or delegation of
the responsibility of the director, or of the inherent legislative power of the
city council, to review or revise the Central Oahu sustainable communities plan pursuant
to the charter and the above procedures. (Added by Ord. 02-62)
Sec. 24-5.13 Severability.
If any provision of this article 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 article which can be given effect without the
invalid provision or application, and to this end the provisions of this article
are declared to be severable. (Added by Ord. 02-62)
Sec. 24-5.14 Conflicting provisions.
Any provision contained in this article shall, with respect to the Central Oahu
sustainable communities plan area, prevail should there be any conflict with the common
provisions or any other provisions under ROH Chapter 24. (Added by Ord. 02-62)
Revised Ordinances