Article 4. East Honolulu
Sections:
24-4.1 Definitions.
24-4.2 Applicability.
24-4.3 Adoption of the East Honolulu development plan.
24-4.4 Existing zoning and subdivision ordinances.
24-4.5 Consistency.
24-4.6 Implementation.
24-4.7 Zoning change applications.
24-4.8 Review of development and other applications.
24-4.9 Annual capital improvement program review.
(24-4.10 Public infrastructure maps. Repealed by Ord. 99-69.)
24-4.10 Reserved.
24-4.11 Five-year review.
24-4.12 Biennial report.
24-4.13 Authority.
24-4.14 Severability.
24-4.15 Conflicting provisions.
Sec. 24-4.1 Definitions.
Unless the context otherwise requires, the definitions contained in this section shall govern
the construction of this article and the East Honolulu development 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" and "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
East Honolulu development plan.
"General plan" means the general plan of the City and County of Honolulu
as defined by Section 6-1508 of the charter.
"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 East Honolulu, and the relevant policies, principles, and guidelines for the site,
the surrounding lands, and the region.
"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 East Honolulu development plan area
that requires more detailed planning efforts beyond what is contained in the East
Honolulu development 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.
"Vision" means the future outlook for the East Honolulu region extending out to
the year 2020 and beyond that entails creation of an urban growth boundary,
an open space network for preserving natural features, scenery and shoreline areas for
public use, protection of historic and community resources, and provision of adequate infrastructure
and community facilities to meet East Honolulu's future needs.
(Added by Ord. 99-19)
Sec. 24-4.2 Applicability.
(a) The East Honolulu development plan area encompasses the entire area from the mountains
to the southern shoreline of Oahu stretching from Makapuu Point on the eastern
sector, along the ridgeline of Koolau Mountain Range in a westerly direction to
the Ainakoa ridgeline and drainage channel on the western sector.
(b) It is the intent of the East Honolulu development plan to provide a
guide for orderly and coordinated public and private sector development in a manner
that is consistent with applicable general plan provisions, recognizing this urban fringe area
as one of the principal stable areas in the county for low-density residential
development.
(c) The provisions of this article and the East Honolulu development plan are not
regulatory. Rather, they are established with the explicit intent of providing a coherent
vision to guide all new public and private sector development within East Honolulu.
This article shall guide any development for East Honolulu, public investment in infrastructure,
zoning and other regulatory procedures, and the preparation of the city's annual capital
improvement program budget.
(Added by Ord. 99-19)
Sec. 24-4.3 Adoption of the East Honolulu development plan.
(a) This article is adopted pursuant to Revised Charter Section 6-1509 and provides a
self-contained development plan document for East Honolulu. Upon enactment of this article, all
proposed developments will be evaluated against how well they fulfill the vision for
East Honolulu enunciated in the East Honolulu development plan and how closely they
meet the policies, principles, and guidelines selected to implement that vision.
(b) The plan entitled "East Honolulu Sustainable Communities Plan," attached as an exhibit to
this ordinance, has been prepared in accordance with the charter-prescribed requirements for development
plans and is to be accorded force and effect as such for all
charter- and ordinance-prescribed purposes, and 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 East Honolulu development plan area. The East Honolulu
development plan, as adopted by reference by this ordinance, supersedes any and all
common provisions previously applicable to the East Honolulu area.
(d) Ordinance No. 83-6, as amended, entitled, "Article 4, East Honolulu: Part I Development
Plan Special Provisions for East Honolulu," and "Part II Development Plan Maps (Land
Use and Public Facilities Maps) for East Honolulu," is hereby repealed in its
entirety.
(Added by Ord. 99-19)
Sec. 24-4.4 Existing zoning and subdivision ordinances.
(a) All existing subdivisions and zoning approved prior to July 27, 1999,* including but
not limited to those subject to unilateral agreements, shall continue to remain in
effect following July 27, 1999.*
(b) Subdivision and zoning ordinances applicable to the East Honolulu development plan area enacted
prior to July 27, 1999* shall continue to regulate the use of land
within demarcated zones of the East Honolulu development plan area until such time
as the subdivision and zoning ordinances may be amended to be consistent with
the revised East Honolulu development plan.
(c) Notwithstanding adoption of the revised East Honolulu development plan, application for subdivision actions
and land use permits accepted by the department for processing prior to July
27, 1999* 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. 99-19)
[ *Editor's Note: "July 27, 1999" is substituted for "the effective date of this
ordinance."]
Sec. 24-4.5 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 East Honolulu development plan.
(b) Any questions of interpretation regarding the consistency of a proposed development with the
provisions of the East Honolulu development 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 East Honolulu development
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 East Honolulu development plan.
(d) Whenever there is a question regarding consistency between existing subdivision or zoning ordinances,
including any unilateral agreements, and the East Honolulu development plan, the existing subdivision
or zoning ordinances shall prevail until such time as they may be amended
to be consistent with the East Honolulu development plan.
(Added by Ord. 99-19)
Sec. 24-4.6 Implementation.
Implementation of this article relating to the East Honolulu development plan will be
accomplished by the following:
(a) Guiding development in special areas of critical concern, such as Ka Iwi Shoreline
through the formulation of a special area plan;
(b) Guiding public investment in infrastructure which supports the vision of the East Honolulu
development plan;
(c) Promoting the policies and guidelines contained in the East Honolulu development plan as
the basis of assuring consistency of developments and other improvement projects with the
East Honolulu development plan;
(d) Incorporating the East Honolulu development plan priorities in preparation of the city=s annual
capital improvement program and budget;
(e) Evaluating progress in achieving the vision of the East Honolulu development plan periodically
and presenting the results of the evaluation in the biennial report which is
required by Revised Charter Section 6-1510.4; and
(f) Reviewing the vision of the East Honolulu development 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. 99-19)
Sec. 24-4.7 Zoning change applications.
(a) All zone change applications relating to land in the East Honolulu development plan
area will be reviewed by the department for consistency with the general plan,
the East Honolulu development 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 East Honolulu development
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 July 27, 1999,* then a subsequent project master plan shall
not be required for the development.
[ *Editor's Note: "July 27, 1999" is substituted for "the effective date of this
ordinance."]
(b) For projects which involve a significant zone change, an environmental assessment shall be
submitted to the department of planning and permitting prior to an application for
a zone change being accepted. 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) If an environmental impact statement is required, the environmental impact statement shall be
accepted by the director before a zone change application may be initiated.
(e) Zone changes shall be processed in accordance with this section, Section 5.4 of
the East Honolulu development plan, and Chapter 21.
(Added by Ord. 99-19)
Sec. 24-4.8 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 East Honolulu development 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 East
Honolulu development 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 East Honolulu development plan.
(Added by Ord. 99-19)
Sec. 24-4.9 Annual capital improvement program review.
Annually, the director shall work jointly with the chief budget officer 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 East Honolulu
development plan and other development plans, any applicable special area plans, and appropriate
functional plans. The director will prepare a written report of findings to be
included in the budget submittal to the council. (Added by Ord. 99-19)
(Sec. 24-4.10 Public infrastructure maps. Repealed by Ord. 99-69.)
Sec. 24-4.10 Reserved.
Sec. 24-4.11 Five-year review.
(a) The department shall conduct a comprehensive review of the East Honolulu development plan,
every five years subsequent to July 27, 1999* and shall report its findings
and recommended revisions to the city council.
[ *Editor's Note: "July 27, 1999" is substituted for "the effective date of this
ordinance."]
(b) The East Honolulu development 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 East Honolulu development plan in accordance with the charter.
(Added by Ord. 99-19)
Sec. 24-4.12 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 East Honolulu development plan. (Added by
Ord. 99-19)
Sec. 24-4.13 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 East Honolulu development plan pursuant to
the charter and the above procedures. (Added by Ord. 99-19)
Sec. 24-4.14 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. 99-19)
Sec. 24-4.15 Conflicting provisions.
Any provision contained in this article shall, with respect to the East Honolulu
development plan area, prevail should there be any conflict with the common provisions
or any other provisions under Chapter 24. (Added by Ord. 99-19)