(a) The director may establish, expand, reduce, modify, or dissolve an RPZ in accordance with the limitations and criteria established in subsection (c); provided that:
(1) The director may not establish more than one new RPZ each calendar year; and
(2) The council may amend, expand, reduce, modify, or dissolve an RPZ that was established under this subsection only by ordinance.
(b) The council may establish, expand, reduce, modify, or dissolve an RPZ by resolution, in accordance with the limitations and criteria established in subsection (c); provided that the director may initiate the expansion, reduction, modification, or dissolution of an RPZ established under this subsection through submission to the council of a recommendation and rationale, which will be effective upon the council’s adoption of a resolution.
(c) Limitations and criteria.
(1) No RPZ may be established within a 0.5-mile distance landward of:
(A) The certified shoreline, as determined by the State board of land and natural resources or the State surveyor in accordance with HRS § 205A-42, or its successor, and the rules adopted pursuant thereto; or
(B) If no valid certified shoreline survey exists, the shoreline as determined as the upper reaches of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves.
(2) In determining whether to establish a new RPZ, or to expand, reduce, or modify an existing RPZ, the following factors must be considered:
(A) The extent to which on-street parking is occupied;
(B) The extent to which off-street parking is available;
(C) The extent to which vehicles parking in the area are not registered to residents of the affected area;
(D) Whether there is an identifiable traffic generator;
(E) Whether a majority of the residents in the affected area support the initiative, which may include a petition signed by a majority of the residents;
(F) Whether an RPZ would promote certain benefits or would result in adverse impacts:
(i) Benefits include but are not limited to: increased access for area residents, reduced traffic congestion, increased traffic or pedestrian safety, reduced air or noise pollution, reduced commuter parking in neighborhoods, prevention of blighted areas, and promotion of the use of alternative modes of transportation; and
(ii) Adverse impacts include but are not limited to: transferring a parking problem to a different area, inability to effectively enforce program restrictions, lack of alternative transportation modes, reduction in public access to publicly-accessible areas or health care services, and availability of simpler, cheaper, or more effective solutions;
(G) Whether the public interest would be served;
(H) The extent to which elimination or limitation of ongoing street parking to the general public would impact access to publicly-accessible areas, including, in particular, the shoreline, legal hiking, and legal hunting areas; and
(I) Whether other regulations or measures would improve parking availability.
Modification of the hours of an existing RPZ, or the expansion or reduction of the boundaries of an existing RPZ by two contiguous blocks or less may be made without the necessity of considering all of the criteria set forth in this subsection; provided that any expansion of the boundaries of an existing RPZ must be in compliance with the limitation in subdivision (1).
(3) In determining whether to dissolve an existing RPZ, the following factors must be considered:
(A) Low permit sales in an RPZ;
(B) The absence of the original traffic generator; and
(C) Whether the public interest would be served.
(d) The boundaries of an RPZ must be described on Schedule XXXIX, in substantially the form set forth in Ordinance 23-27 as Exhibit A. Notwithstanding subsections (a) and (b), the Kalihi Valley RPZ is hereby established, to include the streets and street segments identified in Exhibit A, and will be the first RPZ to be included on Schedule XXXIX.
(1) If the council, by resolution, establishes a new RPZ, or expands, reduces, modifies, or dissolves an existing RPZ, the director shall amend Schedule XXXIX to reflect the action of the council, and submit an updated Schedule XXXIX to the city clerk.
(2) If the director establishes a new RPZ, or expands, reduces, modifies, or dissolves an existing RPZ, the director shall submit:
(A) To the council, a report that includes a summary and rationale for the action of the director, and the associated updated Schedule XXXIX; and
(B) To the city clerk, an updated Schedule XXXIX that reflects the action of the director.
(e) Notwithstanding the establishment of the Kalihi Valley RPZ by ordinance pursuant to this section and subsection (b), the director may expand, reduce, modify, or dissolve the Kalihi Valley RPZ by submission to the council and the city clerk of a revised Schedule XXXIX indicating the changes thereto.
(Added by Ord. 19-1) (Am. Ord. 23-27)
Editor’s note:
*In accordance with Ordinance 23-27: No later than one year prior to the repeal date of §§ 15-30.3(a) and 15-30.3(d)(2), the Director of Transportation Services shall submit to the Council a report on the restricted parking zones established, expanded, reduced, modified, or dissolved by the Director pursuant to § 15-30.3(a), including but not limited to the location and boundaries of, and the type and number of parking permits issued for, each restricted parking zone, and a recommendation regarding the repeal, modification, or extension of the Director’s authority under § 15-30.3(a).