Sec. 24-3.1    Definitions.
    Unless the context otherwise requires, the definitions contained in this section shall govern the construction of this article.
    "Charter" or "Revised Charter" means the Revised Charter of the City and County of Honolulu 1973, as amended.
    "Council" means the city council of the City and County of Honolulu.
    "County" means the City and County of Honolulu.
    "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" 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.
    "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 to meet the needs created as a result of the developments in the Ewa area.
    "General plan" means the general plan of the City and County of Honolulu as defined by Revised Charter Section 6-1508.
    "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 Ewa, 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)    Changes 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 Ewa development plan area that requires more detailed planning efforts beyond what is contained in the Ewa development plan.
    "Special area plan" means a plan for a special area.
    "Unilateral agreement" means a conditional zoning agreement made pursuant to Section 21-2.80 or any predecessor provision that imposes conditions on a landowner's or developer's use of the property at the time of the enactment of an ordinance for a zoning change.
    "Vision" means the future outlook for the Ewa region extending out to the year 2020 and beyond that entails creation of an urban growth boundary, an open space network for development of the secondary urban center with its core at Kapolei, master planned communities with pedestrian and transit orientation, protection of historic and community resources, and provision of adequate infrastructure and community facilities to meet Ewa's future needs.
(Added by Ord. 97-49; Am. Ord. 00-16)

Sec. 24-3.2    Applicability.
(a)    The Ewa development plan area encompasses the coral plain which stretches from the northeastern end of Kunia Road down to Waipahu and Pearl Harbor, and around the southwestern corner of Oahu along the shoreline up to Nanakuli where the coral plain meets the moderately steep slopes of the southerly end of the Waianae Mountain Range, which form Ewa's mauka sector.
(b)    It is the intent of the Ewa 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, including the designation of Ewa as the secondary urban center for Oahu and the Ewa urban fringe areas as one of the principal areas for residential development.
(c)    The provisions of this article 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 Ewa. This article shall guide the phasing of development for Ewa and public investment in infrastructure, zoning and other regulatory procedures, and the preparation of the city's annual capital improvements program budget.
(Added by Ord. 97-49)

Sec. 24-3.3    Adoption of the Ewa development plan.
(a)    This article is adopted pursuant to the Revised Charter Section 6-1509 and provides a self-contained development plan document for Ewa. Upon its adoption, all proposed developments will be evaluated against how well they fulfill the vision for Ewa enunciated in the Ewa development plan and how closely they meet the policies, principles, and guidelines selected to implement that vision.
(b)    The plan appended to this article as Appendix 24-3, "Ewa Development Plan" is hereby adopted and made part of this article.
(c)    Ordinance 84-54, as amended, entitled, "Chapter 24, Development Plans: Article 1. Development Plans Common Provisions," in its entirety is no longer applicable to the Ewa development plan area. The Ewa development plan, as adopted and made a part of this article, supersedes any and all common provisions previously applicable to the Ewa area.
(d)    Ordinance 81-80, as amended, entitled, "Article 3, Ewa: Part I Development Plan Special Provisions for Ewa," and "Part II Development Plan Maps (Land Use and Public Facilities Maps) for Ewa," is hereby repealed in its entirety.
(Added by Ord. 97-49; Am. Ord. 00-16)

Sec. 24-3.4    Existing zoning and subdivision ordinances.
(a)    All existing subdivisions and zoning already approved for projects, including but not limited to those operating under unilateral agreements, shall continue to remain in effect following the enactment of this ordinance.
(b)    Existing subdivision and zoning ordinances applicable to the Ewa development plan area shall continue to regulate the use of land within demarcated zones until such time as the subdivision and zoning ordinances may be amended to be consistent with the revised Ewa development plan.
(c)    Notwithstanding adoption of the revised Ewa development plan, subdivision actions and land use permits 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. 97-49)

Sec. 24-3.5    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 become consistent with the Ewa development plan, as adopted.
(b)    Any questions of interpretation regarding the consistency of a proposed development with the provisions of the Ewa 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 Ewa 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 Ewa development plan.
(d)    Whenever there is a question regarding consistency between existing subdivision or zoning ordinances, including any unilateral agreement, and the Ewa development plan, the existing subdivision or zoning ordinances shall prevail until such time as they may be amended to be consistent with the Ewa development plan.
(Added by Ord. 97-49; Am. Ord. 00-16)

Sec. 24-3.6    Implementation.
    Implementation of this ordinance relating to the Ewa development plan will be accomplished by the following:
(a)    Phasing developments to support the vision for Ewa and to maximize the effect of infrastructure investments;
(b)    Guiding development in special areas of critical concern, such as Kalaeloa (Barber's Point Naval Air Station) through the formulation of a special area plan;
(c)    Guiding public investment in infrastructure which supports the vision of the Ewa development plan through functional plans;
(d)    Promoting the policies and guidelines contained in the Ewa development plan as the basis of assuring consistency with the Ewa development plan of developments and other improvements to land seeking approvals;
(e)    Incorporating the Ewa development plan priorities in preparation of the city's annual capital improvement program and budget;
(f)    Evaluating progress in achieving the vision of the Ewa 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
(g)    Reviewing the vision of the Ewa development plan every five years and revising the policies, guidelines, and capital improvement program investments, as necessary, on the basis of the review.
(Added by Ord. 97-49; Am. Ord. 00-16)

Sec. 24-3.7    Zoning change applications.
(a)    All zone change applications relating to land in the Ewa development plan area will be reviewed by the department of planning and permitting for consistency with the general plan, the Ewa development plan, and any applicable special area plan provisions.
    (1)    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 of planning and permitting shall review the project master plan for its consistency with the Ewa development plan. Project master plans shall be reviewed in accordance with Section 5.4.2 of the Ewa development plan.
    (2)    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 of planning and permitting determines that the proposed zone change is generally consistent with the existing project master plan for the affected area.
    (3)    If a final EIS has already been accepted for a development, then a subsequent project master plan shall not be required.
(b)    Projects which involve a significant zone change shall be required to submit an environmental assessment 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 of planning and permitting. Based on review of the environmental assessment, the director of planning and permitting 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 must be accepted by the director of planning and permitting before a zone change application shall be initiated.
(e)    Zone changes shall be processed in accordance with the provisions of this section, Section 5.4 of the Ewa development plan, and all applicable requirements under Chapter 21.
(Added by Ord. 97-49; Am. Ord. 00-16)

Sec. 24-3.8    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 Ewa development plan. Decisions on all proposed developments should be based on the extent to which the project enabled by the development approval supports the policies, principles, and guidelines of the Ewa development plan.
    The director of planning and permitting may review other applications for improvements to land, as well, to help the responsible agency determine whether a proposed improvement supports the policies, principles, and guidelines of the Ewa development plan.
(Added by Ord. 97-49; Am. Ord. 00-16)

Sec. 24-3.9    Annual capital improvement program review.
    Annually, the director of planning and permitting shall work jointly with the director of budget and fiscal services and the city agencies to review all projects in the city's capital improvement program and budget for compliance and consistency with the general plan, the Ewa development plan and other development plans, any applicable special area plan provisions, and the appropriate functional plans. The director of planning and permitting will prepare a written report of findings to be submitted to the council in accordance with Revised Charter Section 6-903. (Added by Ord. 97-49; Am. Ord. 00-16)

(Sec. 24-3.10    Public infrastructure map. ^* Repealed by Ord. 99-69.)
[* Editor's Note: The public infrastructure map for the Ewa development plan adopted pursuant to Section 24-3.10 as it existed prior to November 26, 1999, shall on that date be deemed the public infrastructure map for the Ewa development plan area adopted pursuant to Sections 4-8.1 to 4-8.4, with the exception that public infrastructure projects not shown on the Ewa public infrastructure map, which are required to be shown under the criteria specified in Section 4-8.4, shall be added to the Ewa public infrastructure map. For that purpose, the director of planning and permitting shall submit to the council for approval a revised Ewa public infrastructure map, if necessary, within 180 days of November 26, 1999 (May 24, 2000).]

Sec. 24-3.10 Reserved.

Sec. 24-3.11    Five-year review.
(a)    The department of planning and permitting shall conduct a comprehensive review of the Ewa development plan, as adopted in Section 24-3.3(b), every five years subsequent to the plan's adoption and shall report its findings and recommended revisions to the city council.
(b)    The Ewa 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 to the general plan. In addition, the development phasing guidelines shall be reviewed to assess whether their purpose is being achieved and if phasing priorities should be revised.
(c)    Nothing herein contained shall be construed as a prohibition against processing a revision to the development plan, in the event the biennial report of the director of planning and permitting or council recommends consideration of such a revision, pursuant to the Revised Charter of the City and County of Honolulu.
(Added by Ord. 97-49; Am. Ord. 00-16)

Sec. 24-3.12    Biennial report.
    In addition to meeting the requirements of the Revised Charter Section 6-1510.4, the planning department's biennial report shall also address the city's achievements and progress in fulfilling the vision of the Ewa development plan. (Added by Ord. 97-49)

Sec. 24-3.13    Authority.
    Nothing in this article shall be construed as an abridgement or delegation of the responsibility of the chief planning officer, or of the inherent legislative power of the city council, to review or revise the Ewa development plan pursuant to the city charter and the above procedures. (Added by Ord. 97-49)

Sec. 24-3.14    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. 97-49)

Sec. 24-3.15    Conflicting provisions.
    Any provision contained in this article shall prevail should there be any conflict with the common provisions or any other provisions under Chapter 24. (Added by Ord. 97-49)