Article 2. Primary Urban Center

Sections:
    24-2.1    Definitions.
    24-2.2    Applicability and intent.
    24-2.3    Adoption of the Primary Urban Center development plan.
    24-2.4    Existing zoning and subdivision ordinances, approvals and applications.
    24-2.5    Consistency.
    24-2.6    Implementation.
    24-2.7    Zoning change applications.
    24-2.8    Review of development and other applications.
    24-2.9    Annual capital improvement program review.
    24-2.10    Five-year review.
    24-2.11    Biennial report.
    24-2.12    Authority.
    24-2.13    Severability.
    24-2.14    Conflicting provisions.

Sec. 24-2.1    Definitions.
    Unless the context otherwise requires, the definitions contained in this section shall govern the construction of
this article and the Primary Urban Center 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” 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 Primary Urban Center development plan.
    “General plan” means the general plan of the City and County of Honolulu as defined by Section 6-1508 of the
revised charter.
    “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 the Primary Urban Center, 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 10 or more acres to a low-density residential district from a less-intensive zoning district;
    (2)    Any change in zoning of two or more acres to a medium- or high-density residential (multifamily or apartment) district from a less-intensive zoning district;
    (3)    Any change in zoning of five or more acres to a resort, commercial, industrial or mixed use zoning district from a less-intensive 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 Primary Urban Center development plan area that requires
more detailed planning efforts beyond what is contained in the Primary Urban Center 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 that imposes conditions on a landowner’s or
developer’s use of the property.
    “Vision” means the future outlook for the Primary Urban Center region extending out to the year 2025 and
beyond that entails creation of an urban growth boundary, an open space network to protect and enhance the region’s
natural, cultural and scenic resources, livable neighborhoods with a range of housing choices, a balanced transportation
system to facilitate mobility, and the provision of adequate infrastructure and community facilities to meet the Primary
Urban Center’s future needs.
(Added by Ord. 04-14)

Sec. 24-2.2    Applicability and intent.
(a)    The Primary Urban Center development plan includes the coastal plain that extends along Oahu’s southern shore from Waialae-Kahala in the east to Pearl City in the west, and from the shoreline to the westerly slopes of the Koolau Mountain Range.
(b)    It is the intent of the Primary Urban Center development plan to provide a guide for orderly and coordinated public and private sector development in the Primary Urban Center development plan area in a manner that is consistent with applicable general plan provisions, including the designation of the Primary Urban Center as the principal region for future growth in residential population and jobs.
(c)    The provisions of this article and the Primary Urban Center development 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 the Primary Urban Center. This article shall guide any development for the Primary Urban Center, public investment in infrastructure, zoning and other regulatory procedures, and the preparation of the city’s annual capital improvement program budget.
(Added by Ord. 04-14)

Sec. 24-2.3    Adoption of the Primary Urban Center development plan.
(a)    This article is adopted pursuant to the Revised Charter Section 6-1509 and provides a self-contained development plan document for the Primary Urban Center. Upon enactment of this article, all proposed developments will be evaluated against how well they fulfill the vision for the Primary Urban Center enunciated in the Primary Urban Center development plan and how closely they meet the policies, principles, and guidelines selected to implement that vision.
(b)    The plan entitled, “Primary Urban Center Development Plan,” attached to this ordinance as Exhibit A4, is hereby adopted by reference and made part of this article.
(c)    Ordinance 84-54, as amended, entitled “Chapter 24, Development Plans: Article 1. Development Plan Common Provisions,” in its entirety is no longer applicable to the Primary Urban Center development plan area. The Primary Urban Center development plan, as adopted by reference by this ordinance, supersedes any and all common provisions previously applicable to the Primary Urban Center area.
(d)    Ordinance 81-79, as amended, entitled, “Article 5, Primary Urban Center: Part 1 Development Plan Special Provisions for the Primary Urban Center,” and “Part II Development Plan Maps (Land Use and Public Facilities Maps) for the Primary Urban Center” 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 81-79, as amended, relating to the development plan public facilities
        map for the Primary Urban Center; and
    (3)    The development plan public facilities map for the Primary Urban Center, as amended;
    shall remain in force and effect until such time as the public infrastructure map for the Primary Urban Center is
    adopted in accordance with the provisions of Chapter 4, Article 8.
(Added by Ord. 04-14)

Sec. 24-2.4    Existing zoning and subdivision ordinances, approvals and applications.
(a)    All existing subdivisions and zoning approved prior to June 21, 2004* for projects, including but not limited to those subject to unilateral agreements, shall continue to remain in effect following the enactment of this ordinance.
(b)    Subdivision and zoning ordinances applicable to the Primary Urban Center development plan area enacted prior to June 21, 2004* shall continue to regulate the use of land within the demarcated zones of the Primary Urban Center development plan area until such time as the subdivision and zoning ordinances may be amended to be consistent with the revised Primary Urban Center development plan.
(c)    Notwithstanding adoption of the revised Primary Urban Center development plan, applications for subdivision actions and land use permits accepted by the department for processing prior to June 21, 2004* 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. 04-14)
[ *Editor’s Note: “June 21, 2004” is substituted for “the effective date of this ordinance.”]

Sec. 24-2.5    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 Primary Urban Center development plan, as adopted.
(b)    Any questions of interpretation regarding the consistency of a proposed development with the provisions of the Primary Urban Center 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 Primary Urban Center 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 Primary Urban Center development plan.
(d)    Whenever there is a question regarding consistency between existing subdivision or zoning ordinances, including any unilateral agreements, and the Primary Urban Center development plan, the existing subdivision or zoning ordinances shall prevail until such time as they may be amended to be consistent with the Primary Urban Center development plan.
(Added by Ord. 04-14)

Sec. 24-2.6    Implementation.
    Implementation of this article relating to the Primary Urban Center development 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 Primary Urban Center development plan;
(b)    Guiding public investment in infrastructure through functional plans which support the vision of the Primary Urban Center development plan;
(c)    Guiding development in special areas of critical concern through the formulation of special area plans. Communities may develop special area plans, which shall be reviewed and may be accepted by the council by resolution, with or without amendments as the council deems appropriate, for the purpose of guidance in establishing specific policies and an implementation program for the affected area;
(d)    Recommending approval, approval with modifications or denial of developments seeking zoning and other development approvals based on how well they support the vision for the Primary Urban Center.
(e)    Incorporating the Primary Urban Center development plan priorities through the public infrastructure map and the city’s annual budget process;
(f)    Evaluating progress in fulfilling the vision of the Primary Urban Center 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 Primary Urban Center 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. 04-14)

Sec. 24-2.7    Zoning change applications.
(a)    All zone change applications relating to land in the Primary Urban Center development plan area will be reviewed by the department of planning and permitting for consistency with the general plan, the Primary Urban Center development plan, and any applicable special area plan provisions.
    (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 part of an EA or EIS for any project involving a significant zone
        change. The director shall review the project master plan for its consistency with the Primary Urban
        Center 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 of planning and permitting 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 June 21,
        2004*, 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 of planning and permitting. 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 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 the provisions of this section, Section 5.5 of the Primary Urban Center development plan, and all applicable requirements under ROH Chapter 21.
(Added by Ord. 04-14)
[ *Editor’s Note: “June 21, 2004” is substituted for “the effective date of this ordinance.”]

Sec. 24-2.8    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 Primary Urban Center 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 Primary Urban Center development plan.
    The director of planning and permitting 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 Primary Urban Center development plan. (Added by Ord. 04-14)

Sec. 24-2.9    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 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 Primary Urban Center development plan and other development and sustainable communities plans, any applicable special area plan provisions, and appropriate functional plans. The director will prepare a written report of findings to be submitted to the council in accordance with Revised Charter Section 6-903. (Added by Ord. 04-14)

Sec. 24-2.10    Five-year review.
(a)    The department of planning and permitting shall conduct a comprehensive review of the Primary Urban Center development plan every five years subsequent to June 21, 2004* and shall report its findings and recommended revisions to the city council.
(b)    The Primary Urban Center development plan shall 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.
(c)    Nothing in this section shall be construed as prohibiting the processing of a revision to the Primary Urban Center development plan in accordance with the charter.
(Added by Ord. 04-14)
[ *Editor’s Note: “June 21, 2004” is substituted for “the effective date of this ordinance.”]

Sec. 24-2.11    Biennial report.
    In addition to meeting the requirements of the Revised Charter Section 6-1510.4, the biennial report of the department of planning and permitting shall also address the city’s achievements and progress in fulfilling the vision of the Primary Urban Center development plan. (Added by Ord. 04-14)

Sec. 24-2.12    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 Primary Urban Center development plan pursuant to the city charter and the above procedures. (Added by Ord. 04-14)

Sec. 24-2.13    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. 04-14)

Sec. 24-2.14    Conflicting provisions.
    Any provision contained in this article shall, with respect to the Primary Urban Center development plan area, prevail should there be any conflict with the common provisions or any other provisions under ROH Chapter 24. (Added by Ord. 04-14)