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July 13, 2021 PC Agenda PacketPLANNING COMMISSION KAAINA S. HULL, CLERK OF COMMISSION RECE, 1£0 FRANCIS DEGRACIA, CHAl�1 JUN 29 A11 :54MELVIN CHIBA, VICE CHAIR � CE Gr _q,- '1 n! .' Cl_f ,-� ! ·,1\li'i°.-V·'UA'ISUBDIVISION COMMITTEE TELECONFERENCE MEETING NOTICE AND AGENDA Tuesday, July 13, 2021 8:30 a.m. or shortly thereafter Microsoft Teams Audio:+ 1 469-848-0234, Conference ID: 191 594 685# This meeting will be held via Microsoft Teams conferencing only. Members of the public are invited to join this meeting by calling the number above with the conference ID information. You may testify during the video conference or submit written testimony in advance of the meeting via e­ mail, fax, or mail. To avoid excessive noise/feedback, please mute your microphone except to testify. A.CALL TO ORDER B.ROLL CALL C.APPROVAL OF AGENDA D.MINUTES of the meeting(s) of the Subdivision Committee E.RECEIPT OF ITEMS FOR THE RECORD F.HEARINGS AND PUBLIC COMMENT The Planning Commission will accept written testimony for any agenda item herein. Written testimony indicating your 1) name, and if applicable, your position/title and organization you are representing, and 2) the agenda item that you are providing comment on, may be submitted in writing to planningdepartment@kauai.gov or mailed to the County of Kaua'i Planning Department, 4444 Rice Street, Suite 473, Lihu'e, Hawai'i 96766. Written testimony received by the Planning Department before 9:00 a.m. on Monday, July 12, 2021, will be distributed to all Planning Commissioners prior to the meeting. Written testimony received after 9:00 a.m. on Monday, July 12, 2021, will be summarized by the Clerk of the Commission during the meeting and added to the record thereafter. G.GENERAL BUSINESS MATTERS H.UNFINISHED BUSINESS I.NEW BUSINESS (For Action) 1.Tentative Subdivision Map Approval a.Subdivision Application No. S-2021-4 {Tower Kaua'i Lagoons 8, LLC.} Proposed 2-lot Subdivision TMK: (4) 3-5-001: 171 Kalaaki, L1hu'e, Kaua'i 1)Subdivision Report pertaining to this matter. 2.Tentative Subdivision Extension Request a.Subdivision Application No. S-2002-25 {Association of Apartment Owners of Kulana) Hauiki Road Subdivision Proposed 3-lot Subdivision TMK: {4) 4-3-003:027 Kapa'a & Waipouli, Kawaihau, Kaua'i 1)Subdivision Report pertaining to this matter. b.Subdivision Application No. S-2017-6 {Moloa'a Valley Homeowners} Proposed 7-lot Subdivision TMK: (4) 4-9-011:013 Kawaihau, Kaua'i 1}Subdivision Report pertaining to this matter. 3.Final Subdivision Map Approval a.Subdivision Application No. S-2020-11 {Kukui'ula Development Co. (Hawai'i) LLC.} Kukui'ula Parcel CC West Subdivision, Phase 2 Proposed 14-lot Subdivision TMK: {4} 2-6-019:048 Koloa, Kana, Kaua'i 1)Subdivision Report pertaining to this matter. PLANNING COMMISSION SUBDIVISION COMMITTEE - July 13, 2021 PAGE 2 Ka'aina S.Hull [^ircctor ol'l'lanning COUNTY OF KAUA'I PLANNING DEPARTMENT SUBDIVISION REPORT Jodi A.Higuchi Sayegusa Dcputy [)ircctorol'!>ianning I.SUMMARY Action Required by Planning Commission: Subdivision Permit No. Name ofApplicant(s) Consideration ofSubdivision Application No.S-2021-4 that involves a two (2)lot Subdivision. Application No.S-2021-4 TOWER KAUA'I LAGOONS 8,LLC. II.PROJECT INFORMATION Map Title Tax Map Key(s): Zoning: State Land Use District(s): Plan showing subdivision ot Lot 8 as shown on Kaua'i County Subdivision File No.S-2010-11,being a portion ofRoyal Patent 4480, Land Commission Award 7713,Apana 2,Part 1 to V.K.amamalu,into Lots 8-A and 8-B;and Cancellation ofEasement TC-1 and TC-2 affecting Lot 8 as shown on File Plan 1933 at Kalapaki,LThu'e,Kaua'i, Hawai'i. (4)3-5-001:171 Area:14.20 acres Resort RR-10 &Resort RR-20 Urban General Plan Designation: Resort AGENCYCOMMENTS COKPublic Works COK Water: COK Housing 05.26.2021 Pending 05.26.2021 State DOT-Highways: State Health: DLNR-SHPD: 05.19.2021 EXIST1NG ROAD RIGHT-OF-WAY(S) Road Name Ho'olaulea Way (Private Road) Existing Width 56 feet Required Width 56 feet Pavement YES a D N0 a D D Reserve APPLICABLE FEES Environmental Impact Assessment (EIA) Park Dedication Appraisal Report Required N/A $150.00 N/A III.EVALUATION The proposed development involves a two (2)lot subdivision with the County Resort Districts RR-10 and RR-20.As represented by the applicant,the purpose ofthe proposed subdivision is allow for the boundary adjustments necessary to support a purchase and sale agreement between the Applicant and Silverwest Hotels,LLC that involves Lot 8 of Hokuala Resort project area.The Applicant indicated that Silverwest is proposing to develop a 210-room hotel on the RR-20 portion ofthe property (proposed Lot 8-A)and has no specific interest with the RR-10 zoned portion ofthe property (proposed Lot 8-B). Silverwest has agreed to subdivide the property to allow the Applicant to keep and maintain this portion as part ofthe overall master plan ofHokuaIa Resort. In further evaluating the project,it will be subjected to the requirements that were imposed through the Planning Commission's action on August 11,2009 involving SMA Use Permit <5 h Cs) C3r\l rri SMA (U)-2005-08,Project Development Use Permit U-2005-26,Use Permit U-2005-25, Variance Permit V-2005-7,and CIass IV Zoning Permit Z-1V-2005-30. IV.RECOMMENDATION DApproval D Denied n Approval D Denied Tentative Approval subject to all requn-ements.as n^tfid^on the follow pages: All conditions have been complied with ^hal--2<rz1 Directpr of^Ianning Date Director of Planning Date V.AGENCY REQUIREMENTS 1.Requirements ofthe Planning Department: a.An updated preliminary title report for the existing lot shall be submitted to the Planning Department for review. b.AII existing and proposed easements,ifany,shall be identified in the deed descriptions ofthe affected lots,draft copies ofwhich shall be submitted to the Planning Department for review and approval. c.Pursuant to Section 9-3.8(b)ofthe Subdivision Ordinance,Kaua'i County Code (1987),the Applicant shall submit to the Planning Department an electronic record (digitized format)ofthe final subdivision map(s)on disk for record keeping purposes prior to final subdivision approval. d.Prior to final subdivision approval,the Applicant shall comply with the applicable conditions/requirements ofSMA Use Permit SMA (U)-2005- 08,Project Development Use Permit U-2005-26,Use Permit U-2005-25, Variance Permit V-2005-7,and CIass IV Zoning Permit Z-IV-2005-30. The Applicant shall provide the department an updated status report on the compliance ofthe conditions. e.A Park Dedication Fee ofOne Hundred Fifty Dollars ($150.00)shall be paid to the County ofKaua'i. 2.Requirements ofthe Department ofPubIic Works (DPW): a.All proposed improvements shall be designed in compliance with the "Storm Water RunoffSystem Manual,July 2001." b.A grading and/or grubbing permit in compliance with the County's Sediment and Erosion Control Ordinance No.808 is required ifthe work area exceeds one (1)acre and/or grading involving excavation or embankment or combination thereof exceeds more than 100 cubic yards. c.All existing storm water runoff volumes and flow patterns shall be maintained and subject to Best Management Practices (BMPs).BMPs shall be implemented at all times to the maximum extent practicable to prevent damage by sedimentation,erosion,dust to streams,watercourses,natural areas and the property ofothers. 2 1 Page S-2021 -t;Subdivision Ruport'l'owcr Kauai [.agoons 8,[J,C. 07.13.2021 3.Requirements ofthe Department ofWater (DOW): a.The subdivider shall comply with all requirements ofthe Department ot'Water,if any,prior to final subdivision approval. 4.Requirements ofthe Department ofHealth (DOH): a.The property may harbor rodents which will be dispersed to the surrounding areas when the site is cleared.In accordance with Chapter 11-26,entitled "Vector Control ,Title 11,HAR,the applicant shall ascertain the presence or absence of rodents on the property.Should the presence of rodents be determined,the applicant shall eradicate the rodents prior to clearing the site. b.Noise will be generated during the construction and grading phase ofthe project.The applicable maximum permissible sound levels as stated in Title 11. Hawaii Administrative Rules (HAR),Chapter 11-46,"Community Noise Control",shall not be exceeded,unless a noise permit is obtained from the State Department ofHealth (DOH). c.Temporary fugitive dust emissions could be emitted when the project site is prepared for construction and when construction activities occur.In accordance with Title 11,HAR Chapter 11-60.1,entitled "Air Pollution Control",effective air pollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas.This includes the offsite roadways used to enter/exit the project.The control measures include but are not limited to the use ofwater wagons,sprinkler systems,dust fences,etc. d.The construction waste that will be generated by the project shall be disposed of at a solid waste disposal facility that complies with the applicable provisions of Title 11,HAR,Chapter 11-58.1,"Solid Waste Management Control",the open buming ofany ofthese wastes on or offsite is prohibited. 5.The Applicant is advised the should any archaeological or historical resources be discovered during ground disturbing/construction work,all work in the area ofthe archaeological/historical findings shall immediately cease and the applicant shall contact the State Department ofLand and Natural Resources,Historic Preservation Division and the Planning Department to determine mitigation measures. 6.The Applicant is advised that prior to and/or during construction and use additional conditions may be imposed by govemment agencies.Should this occur,the applicant shall resolve these conditions with the respective agency(ies). The Planning Commission is turther advised that this report does not represent the Planning Department's final recommendation in view ofthe forthcoming public hearing process scheduled for JULY 13,2021 whereby the entire record should be considered prior to decision-making. The entire record should include but not be limited to: a.Pending government agency comments; b.Testimony from the general public and interested others;and c.The Applicant's response to staffs report and recommendation as provided herein. k.^h^ 'NNETH A.ESTES,PIanner 3|Page S-2021-4;Subdivision Keporl'l'ower Kauai l.agoons 8,LLC. 07.13.2021 PROJTECTAfiEA K*trupVLu tMr PLAN SHOW1HG SUBDMSION OF LOT 8 AS SHOWN ON KAUAI COUN7Y SUBDMSION RLE N0.S-2010-11 bsing a portion of Royal Patent 4480, Land Commisglon Award 77f3,Apono 2,Port 1 to V,Kannomalu INTO LOTS 8-A AWD S-B CANCELLATION OF EASE-MENT TC-1 AND TC-2 AFFECTING LOT 8 AS SHOWN ON FILE PIAN 1933 otKolapakl,UhuB,Kauoi,Konoii T(oi Mop Ksy.(4)3-5-01:171 Owner Towar Kouul Logoons 6.LLC Rftd Pivpvffy Uappi'n}Bronch. 3.nocd Z&nt X;FEU^Ftood ipBunncd Ponnr ]50ff02032BF -Mov.26.3C10 Fmvl 1S01W20329F -Hw.26.2010 ^^ Subdivision No.S-2021-4_Tower Kauai Lagoons 8,LLC • 12/23f2020 COUNTYOFKAUA'I DEPARTMENT OF PUBLIC WORKS TO:PLANNING DIRECTOR p r-L^fl^;^^'.'J ^ s-?n'>i-n4 VIA:COUNTY ENGWEER FROM:ENGDMEERING DIVISION '21 J'AUferaatf^NO. OWNER:Tower Kaua'i Lagoons 8,LLC REGISTEREpiP^^^jq^j^] SURVEYOR: ~•••--1-'•• KevinK.Ke'a.PLS. TAX MAP KEY:3-5-001:171 PRELIMINARYMAP CONSTRUCTION PLANS (TFTLE SHEET) CONSTRUCTION INSPECTION FEE AGREEMENT &BOND COMPLET10N OF IMPROVEMENT FINALMAP DEDICATION x PW 05.21.069 DATE:May 26,2021 RE:Subdivision ofLot 8 as shown on Kaua'i County Subdivision File No.S-2010-11 bemgaportionofRoyal Pateat 4480,Land Commission Award 7713,Apana 2, Part 1 to V.Kamamalu into Lots 8-A and 8-B. Cancellation ofEasement TC-1 aad TC-2 affecting Lot 8 as shown on File Plan 1933 at Kalapaki,LIhu'e,Kaua'i, Hawai'i COMMENTS: 1.FORM &CONTENT OF MAP &SUPPLEMENTAL DOCUMENTS: 2.SEWER: 3.PARK: 4.DRAINAGE: •All proposed improvements shall be desigaed in compliance widi'the Stomi Water Runoff System Manual,July 2001." 5.ROAD: 6.OTHERS: •A grading and/or gmbbing permit m compliance with the County's Sediment and Erosion Control Qrdinance No. 808 is required ifthe work area exceeds one (1)acre and/or grading involving excavation or embankment or combination thereofexceeds more than 100 cubic yards. •All existing storm water runoffvolumes and flow pattems shall be maintained and subject to Best Management Practices (BMPs).BMPs shall be implemented at all times to the maximum extent practicable to prevent damage by sedimentation,erosion,dust to streams,watercourses,natural areas and the property ofothers. a.Transmitted herewith for your review &approval is the approved constmction plan Title Sheets for: b.Engineer Estimate for Construction ofRoads,Drainage and Sewer is estimated at c.Request Developer to deposit with Public Works Department a Coiistructioa Inspection Fee of d.As-built tracings have (not)been received e.Deed is approved f.Attached Deed requires revision(s)as follows Sincerely, ^ '7- •ISflCHAEL MOULE,P.E. Chief,Engineering Division MM/PT Copy:S-2021-4 21 JliH-4 P2:( R&& £4 RECBVED ^iAY ?-'50^ COUNTY OF KAUA-I PLANNINGDEPARTMENT ENVIRONMENTAL HEALTH SERVICES 4444 RICE STREET,SUITE A473 LIHU'E,HAWAI'I 96766 y^j^ (808)241^050 SUBDmSION APPLICATION ROUTING FORM DATE:May 19,2021 Subdivision Map Review and Approval REQUEST: ^Preiiminary Q Pre-Fmal Hl Final Q Extension SUDmSION APPLICATION N0: Owner(s)/AppUcant(s): Subdivision Permit N0.S-2021-4, Tower Kauai Lagoons 8 LLC Name ofSurveyor/Engineer/Authorized Agent:|Rebecca Candilasa Tax Map Key: Improvements: TaxMapKey:(4)3-5-001:171 |Assignedto:|Kenny Route To: COMMENTS (Comment Due Date:6/18/2021): See comments on attached sheet. June 1,2021 raiqfeka^,Ac^^ng Chief District Env^ronmei(lt^l Health Office Kauai ~w DPW-Engineermg 'n' Department of Transportation -STP-D- DPW-SolidWaste 'D" DOT-Highway,Kauai~a DPW-Wastewater ~w Stat&^D^iartmeat ofHeafafa ^'D" Fire-Department ~s~ State Historic Preservation Division~D- Department of Parks &Recreation T UHSeaGrmt~w County Housing-Agency ~w U.S.Postal Department TT KHPRC 'D" Othcr:~w County Water Department~w County Transportation Agency Subdivision Application No.:S-2021-4 Applicant:Tower Kauai Lagoons 8,LLC Based on our review ofthe application at this time,we have these environmental health concerns or comments for your consideration at this time. 1.The property may harbor rodents which will disperse to the surrounding areas when the site is cleared.In accordance with Title 1 1,Hawaii Administrative Rules (HAR),Chapter 11-26,"Vector Control",the applicant shall ascertain the presence or absence of rodents on the property.Should the presence of rodents be determined,the applicant shall eradicate the rodents priorto cleanng the site. 2.Noise will be generated during the construction and grading phase of this project. The applicable maximum permissible sound levels as stated in Title 11,HAR, Chapter 11-46,"Community Noise Control"shall not be exceeded unless a noise permit is obtained from the State Department of Health. 3.Temporary fugitive dust emissions could be emitted when the project site is prepared for construction and when construction activities occur.In accordance with Title 11,HAR Chapter 11-60.1 "Air Pollution Control",effective air pollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas. This includes the off-site roadways used to enter/exit the project.The control measures include but are not limited to the use of water wagons,sprinkler systems,dust fences,etc. 4.The construction waste that will be generated by the project shall be disposed of at a solid waste disposal facility that complies with the applicable provisions of Title 11,HAR,Chapter 11-58.1 "Solid Waste Management Control",the open burning of any of these wastes on or off site prohibited. Due to the general nature ofthe application submitted,we reserve the right to implement future environmental health restrictions when information that is more detailed is submitted. KAUA'I COUNTY HOUSING AGENCY ADAM ROVERSI,DIRECTOR .,DEREK S.K.KAWAKAMI,MAYOR MICHAEI.A.DAHUie.lMANAGING DIRECTOR ^L.,.'.FI,NiNGU.. TO: FROM: DATE: RE: Kaaina Hull,Director,Kaua'i County Planning Department Adam P.Roversi,Housing Director May 26,2021 21 Y 26 P 1 37 L/1-1''..-: Housing Agency Comments on Hokuala Resort Lot 8 Subdivision,TMK (4)3-5-001:171, S-2021-4 Applicant Tower Kaua'i Lagoons 8,LLC proposes to subdivide lot 8 into lots 8-A and 8-B,to facilitate the sale and development of lot 8-A into a 210-room hotel,while retaining Lot 8-B as part ofthe future master plan developmentforthe Hokuala Resort. The workforce housing requirements for this parcel were satisfied by the Kaua'i Lagoons Affordable Housing Agreement executed in February of 2005 pursuant to zoning Ordinance No.PM-2002-363,as modified by several subsequent amendments.Generally,this Agreement permitted the development of up to 750 resort units and required the construction of 113 workforce units.This workforce housing requirement was subsequently satisfied by the construrtion of the Courtyards at Waipouli and the Kamamalu condominiums in LThu'e. Because the present subdivision proposal does not seek to increase the Kaua'i Lagoons project area density,the Housing Policy,Kaua'i County Code Chapter 7A,does not impose any additional workforce housing assessment on the proposed subdivision. Thank you for the opportunity to provide comments. 4444 Rice Street,Suite 330 •Lihu'e,Hawai'i 9G766 •(808)241-4444 (b)•(808)241-5118 (f) An Equal Opportuni-ty Employer COWJTY OF KAUA-I PLA^^lING DEPARTMENT 7Drr; r~ SUBDrVISION APPL.ICATION rs.! \-^ \3 Owner(s)/AppUcant(s)*Tower Kauai Lagoons 8 LLC *Holder ofATLEAST7g%ofthe equitable and legal title oftheproperty Name ofSurveyor/Engineer/AuthorizedAgent **Wilson Okaffloto Corporatlon (Rebecca Candiiasa) Telephone No.SOS-946-2277 Map Title/Descripti.cn pian showina subdivislon of Lot 8 as shown on_KauaLCoynOLSubdiy!sion File No. S-2010-1J^being a pqrtion of RovaS Patent 4480,Land Commissjon Award 7713,Apana2^Part 1 to V.Kamamatu, jnto Lots 8-A and 8-B;and Caneellaiion of Easement TC-1 and TC-2 affecting Lot 8 As shown on File P!an 1933 AppUcant's Signatore DEFARTMENT USE ONLY For: n Review and Recommendation Signature and Retum Route to: PubHc VVorks Departinent Water Department Housing Agency State Healfh Depai-tment State Higlivvays Division -DOT State Historic Presei-vation Division -DLNR AGENCX'DEADLINE: AGE^CYCOMMENTS CTP.^>^O fv^TU^CO^CTT O^ -^l^ ^OASErCT./ ^^Date:AP^^^,^^^/ <0--2..1<?-2^ \':RCSI'I.U-CL-Libr:ir..''.For!ns -.\pp!ic.i;i<''ns'5^b AppUc.iticn Fr>nr,.^i RL-vist:d M.1)l.2ni.? f^S/^^y' APPLICATIONTYPE DEPT.USE ONLY [X]Preliminary -12 Maps_[]Final -15 Maps Application No. Attachmeuts: 00 Title Report D<J Application Fee +$300.00 Processiug Fee [X]Letter of Authorization " Date Accepted Assigned to: SMA Permit: [JYes [JNo GENERAL INFORMATION TaxMapKey;(4)Zonitig General PIan State Lasid Use Designation (4)3-5-001:171 RR-10;RR-20 Resort Urban Property Size (Acres or Sq.Feet)Total Aiaouiit of Lots Subdavision Fee ($16.50 per lot) 14.02 acres 2 $33.00 +$300.00 =$333.00 COUNTYOFKAUA-I PLANNING DEPARTMEW 4444 RICE STREET,SUTTE A473 LIHU-E,HAWAI-I 96766 (808)241-4050 SUBDIVISION APPLICATION ROUTING FORM DATE:May 19,2021 Subdivision Map Review and Approval REQUEST: 0 PreKaunary Q Fre-Final Q Final a Extension SUDFVISION APPLICATION N0:Subdivision Permit N0.S-2021-4, Owner(s)/AppUcant(s):Tower Kauai Lagoons 8 LLC NameofSiuTeyor/Engineer/AuthorizedAgent:|Rebecca Candilasa Tax Map Key:TaxMapKey:^4)3-5-001:171 [Assignedto^LKeiuy Improvements: Route To: COMMENTS (Commem Due Dale:6/18/2021 ): No comments from the Wastewater Management Division Digitallysigned byJason Kagimoto Date:2021.06.14 14:17:27 -1 O'OO'Jason Kagimoto .^ ^ .4' ~s DPW-Engineering ~a Department of Transportation -STP~a DPW-SolidWaste ~D DOT-Highway,Kauai 1BI aaES-'SastEJlnSr' ~w State Department of Health~D Hre-Department ~w State Historic Preservation Division~a Department ofParks &Recre^ion ~a UH Sea Ormt~w County Housing-Agency ~w U.S.Postal Department~a~ KHPRC ~a- Other:~w County Water Department~w County Transportation Agency COUNTYOFKAUA'l PLANNING DEPARTMENT TO:Subdivision Committee,Planning Commission SUBJECT:Extension Request PURPOSE:•/File Final Subdivision Maps Complete Subdivision Improvements Other: Subdivision Application No^Applicant(s) S-2002-25 Association ofApartment Owners ofKulana Location:Kapa'a Tax Map Key:|(4)4-3-003:027 Extension Request No.(1st,2nd,etc.)Tentative Approval Granted On:Previous Ext.Expired On: N/A April 09,2002 N/A Subdivision Bonded:No Deadline to Complete Improvements:N/A APPLICANT S REASONS:Additional time is being requested to comply with the conditions/requirements oftentative approval.The Applicant is currently with the various reviewing agencies in resolving the required infrastructure improvements for the subdivision. PLANNING DEPARTMENT EVALUATION &RECOMMENDATION EVALUATION:Please referto next page... RECOMMENDATION:Please refer to next page. /.JUN 3 O 2021 \Sta^Planner Date [<^]Approved and Recommended to Planning Commission []Denied Comments: Planmng^)ireclor ^/lt I-T*^ Date V:\2003Masler Files\tegulalory\Sub(tivisions\S-2U02-25 Hiuki Road Subdirision\DC Edit_Ettension Report -07.13.2021 KES-2002-25 Hauiki Road Subdiviaon.docx T.^-a.i iJUL132021 Yes •/, COUNTY OF KAUA'I PLANNING DEPARTMENT Extension requests are primarily processed for the purpose ofcontinuing a tentative approval for a subdivision application.An extension approval allows an applicant additional time to comply with the requirements in order to obtain final subdivision approval. [n determining whether additional time should be granted,an evaluation is made ofthe project's progress as well as compliance with the requirements oftentative approval.The evaluation is primarily based on determining whether the applicant is progressively working towards obtaining final subdivision approval with the various reviewing agencies.The tentative approval conditions are then re-evaluated to determine whether the conditions/requirements are adequate to address the impacts of the proposed development in consideration of the time that haslapsed. Pending evaluation ofan extension request,one ofthe following can occur: 1.The extension is approved without changes to the tentative approval requirements; 2.The extension is approved with modified time frames but no modifications or additions to the tentative approval requirements; 3.The extension is approved with modifications and/or additions to the requirements; and 4.The extension is denied. BACKGROUND: The proposed subdivision creates a roadway lot to accommodate roadway improvements to Hauiki Road and establishes two (2)remnant parcels.The remnant parcels are a result of the roadway lot and the existing irrigation ditch right-of-way that traverses through the property.The roadway improvements will be accomplished in conjunction with the development ofthe Applicant s adjacent 23-Iot agricultural subdivision identified as Kulana Subdivision (Subdivision Application No.S-99-49)that was granted final subdivision map approval by the County ofKaua'i Planning Commission on August 24,2004.This application was granted Tentative Approval by the Planning Commission on April 09,2002. The subject property is immediately adjacent to Kulana Subdivision,approximately 2.4 miles mauka ofKuhio Highway in Kapa'a.The total area involved is approximately 1.162 acres within the County Agriculture District and within the State Land Use Agricultural District.The surrounding parcels are also within the County Agriculture district and within the State Land Use Agricultural District. S-2002-25;Siib Extension Hauiki Road Subdivisioii 07.13 202] -2- As part ofthe infrastructure improvements related to the Kulana Subdivision,the Owners and Association have agreed to realign a portion ofHauiki Road by constructing a Roadway in Roadway Lots 22 and 22-A,at their sole cost and expense and to dedicate the roadway lots to the County at no cost to the County.The right-of-way for the re-aligned portion ofHauiki Road consists ofRoadway Lot 22,Roadway Lot 22-A,a portion ofState Ditch 8,and a portion of Remnant Parcel 5 and Remnant Parcel 6.The primary purpose ofthe Hauiki Road Subdivision is to re-align Hauiki Road to provide:an improved road alignment for public use;and a safer access into the Kulana Subdivision. FINDn^GS In evaluating ofthe proposed subdivision,the original applicant,Kapa'a 382,LLC.,was informed by letter dated April 30,2008 that the Hauiki Road Subdivision was declared null and void effective April 28,2008 in accordance with Section 9-3.8(c)(l)ofthe Subdivision Ordinance because ofthe Subdivider's failure to file a final map within one year ofthe date of Tentative Approval.Through a Restated Subdivision Agreement for Kulana Subdivision executed on November 26,20 18 the County agreed to withdraw the Hauiki Road Revocation Letter and to allow the Subdivider to complete the Hauiki Road Subdivision consistent with the Hauiki tentative approval,provided that a Final Map for the Hauiki Road Subdivision is filed within one (1)year ofthe date ofthe Restated Subdivision Agreement (November 26,2019),or such later date as may be approved by the Planning Commission. APPLICANT'S REASON/JUSTIF1CATION The Applicant submitted a letter dated October 29,2019 noting the benchmarks that were accomplished in the previous year and requested a one-year extension oftime.This extension letter was submitted before the deadline date ofNovember 26,2019 (Please see the Applicant's extension letters,attached). PROGRESS OF SUBDIVISION: It should be noted that the Owners and Association have substantially constructed a County standard road within Roadway Lots 22 and 22-A.This application is being accomplished in conjunction with the improvements ofKulana Subdivision.As represented by the Applicant, most ofthe infrastructure improvements for the development are physically completed and it is a matter ofobtaining the necessary paperwork from the agency approvals. The Applicant has submitted pre-final subdivision maps to the Planning Department for review. The maps have been routed to the various reviewing agencies for final sign-off and/or pre-final comments. PRELIMINARY EVALUATIOJ'.) In considering the extension request,it should be noted that the Applicant has shown progress with the development. S-20Q2-25;SubExtension IIaiiiki Road Sabdivision 07.13 202] -3- Based on the foregoing circumstances,the Applicant's reasons arejustifiable and no problems are foreseen in granting the extension request.The Departments ofPublic Works and Water have no objections to the request. Additionally,the Applicant should demonstrate further progress with the subdivision within one (1)year from the approval ofthis extension request.As such,the Applicant shall be made aware that in further considering extension requests involving the proposed development,the Applicant shall continue to submit to the Planning Department an updated status report on the subdivision with a detailed time chronology on the progress ofthe tentative approval requirements.The status report shall be submitted to the Planning Department no later than sixty (60)days prior to the expiration date in order to allow sufficient time to evaluate whether progress have been made and conditions satisfied. RECOMMENDATION: It is recommended that an extension until JULY 13,2022 be granted to obtain final subdivision approval.However,the Applicant is made aware that an updated status report on the subdivision with a detailed time chronology on the progress of the tentative approval requirements shall be submitted to the Planning Department for review for further extensions requests.The status report shall be submitted to the Planning Department no later than sixty (60)days prior to the expiration date. S-2002-25,SubExtension Hauiki Road Subdivision 07 13.2021 -4.- LEGENO 8UILOING SETBACK AND ORAINAGEWAY LiNE DITCH EASEMENT CENTESUNE ^K A f A if C-rani S Z 6 e t a R u.fv.t P .Spuldi NOTES- 1.BUILOING SETBACK AND DRAINAGEWAY UNE BASED ON ORAINAGEWAY S7UDY PREPARED 8Y FRED A.REYES,C.E.UCENSE fB552-C,OATED NOVEMSER 14,200G. (REUSEO LOCAT10NS:MAY 26,2003) 2.WATEP SERVICE FOR THESE NEW.Y CREATEO LOTS 24 AND 25 MUST BE PROVIDEO 7HROUGH THE PROPOSED WA7ER SYSTEM FOR KULANA SUBDIVISION S-99-49. %e, \v^"'" PRE-FINAL S-2002-25 CONSOUDA'nON OF REMNANT PARCELS 5 AND 6,AND PORT10N OF STATE DITCH 8 BEING PORT10NS OF GRANT 5266 TO RURJS P.SPALDINGANDR.P.7,373,LC.AW.8559-B.APANA 42 TO WILUAM C.LUNAULOANDRESUBDIViSIONOFSAIDCONSOLIDATiON INTO LOT 22-A.LOT 24,ANO LOT 25ANDDESIGNA-nON OF EASEMENTS D-57.D-58 SD-1 KAPA'A Sc WAJPOUU,KAWAIHAU.KAUA'I.HAWAI'I TQX Mop K»f (4)4-3-03:27 Owner Hancock &Co,Inc.PSP Sc Tnjst.Cy Miyashiro,June &Kris Von Oohfn Datc;June 25.2031 Pr ^11 FlK lfl-13 EltflhtKl -tuid iunfl - s-aoos-ys HAVIKIRO^ID SUBDlVISlt)N "vSS^...J5--:R2^.\- S-99-49 KVLANA SVBDIVISION S-2018-12 KVLANA VATERTANK SVBDIVISWN Kapaa Middle School ^./v.^-^ '"fea^«»&aeASt'affi VSBIXISIQ co in •^n-> •^^•p s 3 in•o (Uo tf 3 fO I. 1in N 1 N po N 1 in co <n •^n :>»fHU•u s 3 in rt CsJo (M oio <D6 M Laurel Loo,Partner it@m4iaw.com MCCORRISTON MlLLER MUKAI MACKlNNON LLP ATTORNEYS AT LA May 27,2021 Ka'aina Hull Planning Director Via e-mail to attention of Kenneth Estes (KEstes@kauai.gov) Re:Hauiki Road Subdivision Request for Extension (S-2002-25) Dear Mr.Hull: We recently had the opportunity to discuss with Dale Cua and Kenneth Estes our request for an extension for the above-referenced subdivision.Dale and Kenny asked us to request it in writing with an explanation of this very lengthy process. 1 am attempting to summarize it because there is so much history in this matter -but we are almost at the finish line and hence would like one last extension rather than reapplying and running the risk of new conditions.All requirements ofthe subdivision's tentative approval have been substatially completed,including construction ofthe improvements.We are working with Esaki Surveying to submit the "pre-final" subdivision map,deeds and title report to the County forfinal review and approval.We currently expect to submit within the next 2-4 weeks,however we understand Esaki Surveying is very busy. Pursuant to a Restated Subdivision Agreement dated November 28,2018, the County agreed to allow the subdivider to complete the Hauiki Road Subdivision, provided a final map forthe subdivision was filed by November27,2019,orsuch later date as may be approved by the Planning Commission.On October 29,2019,we submitted a request for a one-year extension,noting that in the previous year many benchmarks had been completed.A copy ofthat request is attached hereto;1 had been working with Chance Bukoski on this and then,Covid-19 hit and the County was unable to schedule the request.Now that Chance has transferred from planning to the fire department,we submitted a second requestforextension on March 9,2021,also attached. But,there has been so much that has occurred to move the subdivision along.For example,the completion,connection and disinfection of the Kulana on-site and off-site water system,which conveys water through and supplies water to the Hauiki Road subdivision,and which included approximately five miles ofwater pipelines,a 250,000-gallon watertank,and associated appurtenances. Honolulu Offlce;P 0.Box 2800 •Honolulu,Hawai'i 96803.2800 Five Waterfront Plaza,4th Floor •500 Ala Moana Boulevard •Honolulu,Hawai'i 96813 Telephona:(808|529.7300 •Fax:(808)524.8293 Kaua'i Office:4357 Rice Slreet,Suite 102*Uhu'e,Hawai'i 96766 Telephone;(808)632.2267 •Fax:(808)524-8293 Ka'aina Hull May27,2021 Page2 Other notable milestones include: 1.Haujkj Road Realignment Aoreement:The execution of the Hauiki Road Realignment Agreement occurred on December 22,2020.This document was first transmitted to the County in 2006 -and so the final document,approximately fifteen years later -now allows Hauiki Road to be dedicated to the County within one year of the Planning Commission's final approval ofthis subdivision. 2.Hauiki Road Riaht of Entrv:The execution of the Hauiki Road Right of Entry occurred on February 9,2021.This right of entry allows traffic to be transferred on to the new road,so that construction work to abandon the old road could commence. Traffic was transferred onto the new road in March ofthis year. 3.Convevance of Water Svstem:The water system improvements constructed on behalfofthis subdivision have been accepted by,and were conveyed to theDOWonApril22,2021. 4.Abandonment of Old Hauiki Road:Construction work to abandon the old road was substantially completed in May of 2021 .We are currently working with DPW to secure final inspection,punchlist and accepted record drawings. We thank you and your staff for your patience and assistance in this project.After years of litigation,mediation,and having the project finished by the actual owners ofthe subdivision,we are hopefulfora conclusion this yearofall outstanding matters. Sincerelyyours, McCorriston Miller Mukai MacKinnon LLP -c-L<'< Laurel Loo Enclosures LL;vct Brad Rockwell (via e-mail only) Mark Sullivan (via e-mail only) MCCORRISTON MlLLER MUKAI MACKlNNON LLP ATTORNEYS AT LA Laurel Loo,Partner //@m4taw.com March 9,2021 Glenda Nogami-Streufert,Chair Kauai County Planning Commission 4444 Rice Street,Suite A473 Lihue,Kauai Hl 96766 Attn:Kenny Estes (via email:KEstes®.kauai.aov) Re:Hauiki Road Subdivision.(S-2002-25) Dear Chair Nogami-Streufert: This follows a request made by me on October 29,2019,requesting a one-year extension forthe above subdivision,a copy ofwhich is enclosed.Due to Covid-19 delays,we are not informed aboutthe status ofthe 2019 extension request and therefore are requesting another extension until November 26,2021. Since my previous request,despite Covid-19,the Association ofApartment Owners has made great strides toward completion of the subdivision.These include updating the Hauiki Road Realignment Agreement,originally submitted to the County in 2006,which is now a fully executed document as of December 2020.In addition,the Hauiki Road Right of Entry,originally submitted to the County last year to allow the transfer of traffic to a new road alignment,is now fully executed as of last month.We estimate the transfer oftraffic to the new road and completion of improvements to be complete in May of this year. In conclusion,we request an extension until November 26,2021 . Sincerely, McCorriston Miller Mukai MacKinnon,LLP '.J^^i-^^ff^ LAUREL LOO LKL;vct Attachment Honolulu Office P.0.Box 2800 •Honofulu,Hawai'i 96803-2800 Five Waterfront Plaza,^)th Floor •500 Afa Moana Boulevard •Honolulu,Hawai'i 96813 Telephone:(808)529.7300 >Fax:(808)524-8293 Kaua'i Office:4357 Rice Street,Sute W*Lihu'e,Hawai'i 96766 Tetephona;(808)632.2267 •Fa»;(808)524.8293 MCCORRISTON MlLI.ES MUKAI MACXiNNON LLP Lauiffi Luo October29,2019 Mr.Sean Mahoney,Chairman Kauai County Planning Commission 4444 Rice Street,Suite A473 Lihu'e,Kaua'i,Hawai'i,96766 ATTN:Chance Bukoski VIA EMAIL AND REGULAR MAIL RE:Hauiki Road Subdivision,(S-2002-25) Dear Chairman Mahoney: I am writing to you on behalf of the Association of Apartment Owners in the above-identified matter to request a one-year extension. The history of this application is lengthy,but the salient points are: A)By letter dated April 30,2008,the Hauiki Road Subdivision was declared null and void because of the subdivider's failure to file a final map within one year of the date of tentative approval; B)Pursuant to a Restated Subdivision Agreement the County dated November 28,2019,the County agreed to withdraw the above-referenced revocation and to allow the subdivider to complete the Hauiki Road Subdivision,provided a final map for the subdivision was filed by November 27,201 9,or such later date as may be approved by the Planning Commission. In the past year,the Association of Apartment Owners have taken great strides in working toward completion of the subdivision.It has been active in the completion, connection and disinfection of the Kulana on-site and off-site water system,which conveys water through and supplies water to the Hauiki Road subdivision,which includes approximately five miles of water pipelines,a 250,000 gallon water tank,and Mr.Sean Mahoney,Chairman Kaua'i County Planning Commission October29,2019 Page2 associated appurtenances;it is coordinating with the state to secure an easement over State Ditch #8,which crosses under the new Hauiki Road;it has retained Esaki Land Surveying to prepare a draft final subdivision map;and many other items.We are currently securing agreements from one remaining party to dedicate the Hauiki Road right-of-way to the County.However,we need more time to complete the final subdivision map and to secure all parties'signatures on the dedication. I am therefore requesting an extension of time until November 28,2020,to file the final subdivision map. Thank you very much for your consideration of this request. Sincerely, McCorriston Miller Mukai MacKinnon,LLP (T^^V^v Laurel Loo LKL;vct cc:Mr.Mark Sullivan (via email only) Mr.Dennis Esaki (via email only) COUNTYOFKAUA'I PLANNING DEPARTMENT TO:Subdivision Committee,PIanning Commission SUBJECT:Extension Request PURPOSE:•/File Final Subdivision Maps Complete Subdivision Improvements Other: Subdivision Application No.Applicant(s) S-2017-6 Moloa'a Valley Homeowners,LLC. Location:Moloa'a TaxMapKey:|(4)4-9-011:013 st ">ndExtensionRequestNo.(Is1,2"°,etc.)Tentative Approval Granted On:Previous Ext.Expired On; 3rd May 09,2017 May 09,2021 Subdivision Bonded:Yes 1X1No Deadline to Complete Improvements:Not Applicable APPLICANT S REASONS:Additional time is being requested to comply ivith the conditions/requirements oftentative approval.The Applicant is currently with the various reviewing agencies in resolving the required infrastructure improvements for the subdivision. PLANNING DEPARTMENT EVALUATION &RECOMMENDATION EVALUATION:Please refer to next page... RECOMMENDATION:Please refer to next page. JUN 3 O 2021 Date ['/]Approved and Recommended to Planning Comnussion [JDenied Comments: Planning f)irecti Date http!://kuuaicoun1y-my.sharepni(if.com/per5onol/kesfes_kauni_gov/Documenh/DeiklBp/DC Edil^Exlension Bepnrt -07.13.2021 K£S-2017-6 Moloaa Valley Homeowners.docK xa-b.i- JUL 1 3 2021 COUNTYOFKAUA'I PLANNING DEPARTMENT Extension requests are primarily processed for the purpose ofcontinuing a tentative approval for a subdivision application.An extension approval allows an applicant additional time to comply with the requirements in order to obtain final subdivision approval. In determining whether additional time should be granted,an evaluation is made ofthe project's progress as well as compliance with the requirements oftentative approval.The evaluation is primarily based on determining whether the applicant is progressively working towards obtaining final subdivision approval with the various reviewing agencies.The tentative approval conditions are then re-evaluated to determine whether the conditions/requirements are adequate to address the impacts of the proposed development in consideration ot'the time that has lapsed. Pending evaluation ofan extension request,one ofthe following can occur: 1.The extension is approved without changes to the tentative approval requirements; 2.The extension is approved with modified time frames but no modifications or additions to the tentative approval requirements; 3.The extension is approved with modifications and/or additions to the requirements; and 4.The extension is denied. FINDINGS/BACKGROUND: The proposed development involves a six (6)lot subdivision and one (1)roadway lot.This application was granted tentative approval by the Planning Commission on May 09,2017 and the Applicant's request is the (At'rrf extension ofthe tentative approval. The subject property is situated in the Moloa'a area and a section ofthe subject property is abutting Kuhi'o Highway.The total area involved is approximately 190.09 acres within the County Open (0)District and within the State Land Use Agricultural District.The surrounding parcels are County zoned Open District vvith the exception ofthe parcels to the Southeast that are within the County Agriculture District.All the surrounding parcels are within the State Land Use Agricultural District. Roadway Lot 7 will serve as the primary access for majority ofthe lots within the development. As represented,the applicant has intentions to dedicate the roadway to the County. S-2017-6,Sub Extension (3rd) Moloa a Vallev Hoineowners.LLC. 07 132021 ^. [t is also noted that the subject parcel existed prior to the adoption ofthe Comprehensive Zoning Ordinance (CZO)in 1972.Therefore,the project is subject to the requirements in Section 8- 9.2(c)(4)(B)which specify that parcels larger than fifty (50)acres but not more than three hundred (300)acres may be subdivided into ten (10)or fewer parcels,none ofwhich may be smaller than five (5)acres.In addition,this project is subjected to the "one-time"subdivision limitation for parcels within the Open District,pursuant to Section 8-8.3(c)ofthe CZO,Kaua'i County code(1987). PROGRESS OF THE SUBDIVISION: In considering the extension request,it should be noted that the Applicant has shown some progress with the development.The Applicant has submitted a status report and has been in frequent contact with the Planning Department to detennine the conditions oftentative approval that still need to be addressed.As represented,the Applicant has submitted pre-final subdivision maps and already received final subdivision map approval recommendations from the Department of Water,the County Housing Agency and the State Department of Health. The Applicant is currently working on resolving Conditions l.h.and l.j.oftentative approval relating to roadway improvements on Lot 7.The Applicant is intending to post a bond for completion and is working with the Planning Department and the Department of Public Works in getting the matter resolved.The Applicant is also working to submit an Updated Preliminary Title Report for the subject property and the Declaration ofConditions,Covenants and Restrictions. Based on the foregoing circumstances,the Applicant's reasons arejustifiable and no problems are foreseen in granting the extension request.The Departments of Public Works and Water have no objections to the request. Additionally,the Applicant should demonstrate further progress with the subdivision within one (1)year from the approval ofthis extension request.As such,the Applicant shall be made aware that in further considering extension requests involving the proposed development,the Applicant shall continue to submit to the Planning Department an updated status report on the subdivision with a detailed time chronology on the progress ofthe tentative approval requirements.The status report shall be submitted to the Plarming Department no later than sixty (60)days prior to the expiration date in order to allow sufficient time to evaluate whether progress have been made and conditions satisfied. AMENDMENTS TO THE SUBDIVISION: 1)As stated in the extension request letter from Esaki Surveying and Mapping,Inc.dated April 16,2021,the original application name and entity formerly known as Moloa'a Valley One, LLC.is now Moloa'a Valley Homeowners,LLC.The subdivision file will be amended to reflect the current change in name and ownership. S-2017-6,Sub Extension (3rd) Moloa a Valley Homeowners,LLC. 07 13.2021 -3- 2)In further evaluation,Condition l.k.ofthe Tentative Approval Letter dated May 10,2017 should be removed since there have been recent updates to the Comprehensive Zoning Ordinance (CZO).Presently,the condition reads: "k.Prior to final subdivision approval,the following restriction shall be incorporated into the lot descriptions ofthe affected lots,draft copies ofwhich shall be submitted to the Planning Department for its review and acceptance. •Pursuant to Section 8-4.5(a)(l)ofthe Kaua'i County Code,"No residential building may be constructed on a parcel that is on excess of six hundred (600) feet oftraveling distance from a public thoroughfare,or is in excess ofthree hundred (300)feet oftraveling distance from vehicular access."" Section 8-4.5(a)(l)ofthe CZO was amended to reflect private driveway standards and as a result,this specific requirement was removed.Since it is no longer in the CZO,it would be prudent to delete this specific requirement and apply the current language that was adopted. Finally,the remaining requirements ofthe tentative approval letter are still applicable towards the completion ofthe project. RECOMMENDATION: It is recommended that an extension until MAY 09,2022 be granted to obtain final subdivision approval.However,the Applicant is made aware that an updated status report on the subdivision with a detailed time chronology on the progress ofthe tentative approval requirements shall be submitted to the Planning Department for review for further extensions requests.The status report shall be submitted to the Planning Department no later than sixty (60)days prior to the expiration date. It is also recommended that Condition 1 .k.of the Tentative Approval Letter dated May 10,2017 for the subject subdivision be deleted to align with the current standards set forth in the Comprehensive Zoning Ordinance,Kaua'i County Code (1987),as amended.The remaining conditions ofthe Tentative Approval letter are still applicable. S-2017-6;Sub Extension (3rd) Moloa'a Valley Homeowners,LLC. 07.13.2021 -4. J /.s'Ri^^A :---. ziUvr'"-tii^ -—^^i:('?y?-T.'."^^'ViX\L il:\i^"?*7 '^'^-•^-^^^.w s" i'la's^1 .>A^i i;l .^%s\'"\ SX.s38!Ui.ss'!'i ;lM?.""/^,,\<,;T'^"u'."/!si!3s!;?s;isSs..il.it Mz.'ofS-szgT Mi^f fe,^7i"!7^y^ ESAKI SURVEYING &MAPPING,INC 1610 HALEUKANA STREET -LIHUE,KAUAI,HAWAII 96766 (808)246-0625 FAX:(808)246-0229 esm@esakimap.Com April 16,2021 Mr.Ka'aina Hull DirectorofPlanning CountyofKauai 4444 Rice Street,Suite A473 Lihue,Hl 96766 RE:S-2017-6,MOLOAAVALIEYONE,LLC 3rd SUBDIVISION EXTENSION REQUEST TMK (4)4-9-11:13 KAWAIHAU,KAUA'I,HAWAI'I The subject subdivision was granted TENTATIVE APPROVAL by the Planning Commission at their meeting held on May 9,2017.It was also granted an extension until May 9,2019 by the Planning Commission at their meeting held on May 22,2018.A second extension was granted until May 9,2021 by the Planning Commission at their meeting held on May 28,2019. During the extension period that was granted,the applicant was able to resolve all of the conditions in the Tentative Approval and submitted pre-final maps to the Planning Department on March 23rd,2021. The applicant is requesting an extension while the pre-final map gets routed and reviewed by all ofthe approving agencies.We respectfully request an extension in time of one year to file the Final Subdivision Map. ESAKI SURVEYING &MAPPING,INC 1610 HALEUKANA STREET -LIHUE,KAUAI,HAWAII 96766 (808)246-0625 FAX:(808)246-0229 esm@esakimap.Com 1 would also like to take this opportunity to mention that the entity formerly known as Moloaa Valley One,LLC (Applicant)is now Moloaa Valley Homeowners. Thank you for your consideration, Verytrulyyours, A_^</-7 Dennis M.Esaki cc:Gary Seals,Mark Freeman SubdivisionS-2017-6 Status as of 7/22/2020 Tentative Approval Reference STATUS Anticipated Completion Notes Started In :>rogress Finished 1[1.Planning Dept a.Preliminary Title Report x x x May-2020 raxes,fines and encumbrances must be cleared prior to submission. Jnit 5 cleared by sale.Unit 14 is for sale.Units 20 and 21 cleared by :ransfer of Unit 20 to AOAO b.Deeds x x Deeds to include all exlstlng and proposed easements. 3eeds are waiting for easements and meets and bounds c.Final Subdivision Map x x Fhis is nearly complete,minor revisions and review are needed. d.Park Dedication Fee x x x '\ppraisal complete.Park dedication fee:$8,472.16 e.EIA fee NA NA NA At submission $1250 Due prior to approval of final subdivision map f.CC&Rs x x [n progress g.Road Widening Reserve x x x Needs Review h.Road Drawing Approvals by PublicWorks x x Road drawings submitted to public works(?) i.Street Name x x x Oct-2018 Main Road:Honua Lani Secondary Road:Lokahi j.Construction Plan approvals x x Related to 1h.Pending submission to Public Works Subdivision S-2017-6 Status as of 7/22/2020 k.600 ft rule included in deeds x x /Vill be included in deeds,CC&Rs I.No direct access to Kuhio Hwy x x Ulap will be labeled as directed m.Chapter205HRS 1.A.Ag MasterPlan x x x May-2019 ittD://moloaahomeowners.info/news/Master%20Plan%20180905.Ddf 1.B.Map x x x May-2019 ittD://moloaahomeowners.info/news/Master%20Plan%20180905.Ddf 1.C.CC&Rs x x 3ee also 1)1 .f.Started 1.D.Ag Subdivision Agreement x x x ;omplete and submitted to County by Childs.Status with County jnknown II 2.Departmant of Water a,No Water Sen/ice x x NA May-2019 ;C&Rs.Deeds and Subdivision Map b.Deeds x x Filed within 90 days of final subd approval "Domestic water service is not avaiiable from the Department of Water, County of Kauai"to be included in Lot snd Apt.deeds 1[3.Departmant of Public Works a.Drainage Study x x x May-2018 b.Road Lot dedication NA NA NA NA c.Best Management Practices Construction Requirement II 4.Departmant of Health a.Wastewaterdisposal systems x x May-2019 Show on final subdivision map b.Noise mitigation NA NA NA NA Construction Requirement c.Vector Control NA NA NA NA Construction Requirement Subdivision S-2017-6 Status as of 7/22/2020 r r d.Dust Control NA NA NA NA ;onstruction Requirement e.Solid Waste Management NA NA NA NA ;onstruction Requirement II 5.State DOT a.No new access to Kuhio hlwy x x May-2019 3how on final subdivision map b.TIAR x x x May-2019 ^eport.complete 116.Kauai Housing Agency x May 13,2020 a.Workforce Housing Agreement x x 3omplete.Under review.Needs President's signature D 6.Archaeological Notification II 7.Additional Conditions Ka'aina S.Hull Director ol'Planniny COUNTY OF KAUA'I PLANNING DEPARTMENT SUBDIVISION REPORT Jodi A.Higuchi Sayegusa I^cputy Director ot'1'lanning 1.SUMMARY Action Required by Planning Commission: Subilivision Permit No. Name ofApplicant(s) Consideration ofSubdivision Application No.S-2020-1I that subdivides a parcel into a total of fourteen (1 4)lots. Application No.S-2020-11 KU1CUI-ULA DEVELOPMENTCOMPANY.LLC. II.PROJECT INFORMATION Map Title Tax Map Key(s): Zoning: State Land Use District(s): Kukui'ula Parcel CC West Subdivision,Phase 2 -Subdivision of'Lot 15 of'Kukui'ula CC West Subdivision into Lots A through H,J through N, and P.Designation ofEasement 1,K.oloa,Kona,Kaua'i.Hawai'i. 2-6-019:048 Area:233.174sq.tt. Residential(R-lO) Urban General Plan Designation: Residential Community AGENCY COMMENTS COK Public Works 7/09/2020 COK Water:7/20/2020 Q 0ther(8) State DOT-Highways: StateHealth:7/15/2020 DLNR-SHPD:Pending EXISTING ROAD RIGHT-OF-WAY(S) Road Name Ike Kai Street Ala Kukui'ula Existing Width 44 feet 60 feet Required Width 44 feet 44 feet Pavement YES D N0 D D D Reserve APPLICABLE FEES Environmental Impact Assessment (EIA) Park Dedication Appraisal Report Required $6,000.00 To be determined Yes III.EVALUAT10N The proposed development subdivides Lot 15 ot the Kukui'ula CC West Subdivision into a total oftwelve (12)residential lots,2 remnant parcels and 1 roadway lot.The development shall be subject to the applicable requirements/conditions of Ordinance No.PM-2004-379 and the E1A &Park Fees shall be credited,as specified by the ordinance. IV.RECOMMENDATION TENATFVE APPROVAL KIApproval D Denied Tentative Approval subject to all requirements as noted on the follow pages: of Planning -?-"t i'Lr2^- Date FINAL APPROVAL/ Approval D Denied AII conditions have been eomplied with ^bo Director ofPlanning Date C~sJ C3r^l •n ti ^ H CSI a. UJv> V.AGENCY REQUIREMENTS 1.Requirements ot the Planning Department: a.An updated preliminary title report for the existing lot shall be submitted to the Planning Department for review. b.All existing and proposed easements,ifany,shall be identified in the deed descriptions ofthe affected lots,draft copies ofwhich shall be submitted to the Planning Department for review and approval. c.Pursuant to Ordinance No.PM-2004-370,the Applicant is allowed to credit Environmental Impact Assessment and Park Dedication tees for developments within their Project Area.Since the Applicant has not resolved with the Planning Department whether they will pay fees or provide improvements fbr credit,the following fees are being assessed: 1)An Environmental Impact Assessment Fee of Six Thousand Dollars ($6,000.00)shall be paid to the County ofKaua'i;and 2)The Applicant shall pay a Park Dedication fee pursuant to Section 9-2.8 of the Kaua'i County Code Subdivision Ordinance.An appraisal report and price list shall be provided to the Planning Department to forward to the Real Properties Division to help calculate the tee amount. The Applicant shall resolve with the Planning Department the method that will be utilized to satisfy these fee requirements prior to final subdivision approval. d.Relative to Condition No.1 .b.and prior to final subdivision map approval,the Applicant shall meet with the Planning Depanment to resolve the applicable requirements ofOrdinance No.PM-2004-370.Specifically,the following conditions shall apply to this subdivision: Conditions ofOrdinance No.PM-2004-370: o 3.(prohibition ofAdditional Dwelling Units) o 7.(improvements to roadway system) o 14.(EIAcredit) o 15.(recreation) o 16.(park dedication credit) o 23.(wastewater system master plan) o 27.(solid waste management plan) o 30.(blasting plan) e.There shall be no direct access permitted onto Ala Kukui'ula from Lots 35 &36, and no direct access permitted onto Ala Kukui'ula from Lot M.Semi-circles denoting no direct access permitted shall be shown on the final subdivision map. These provisions shall be incorporated as a restrictive covenant for the subject lots, draft copies ot'which shall be submitted to the Planning Department for review and approval. f.As represented on the preliminary subdivision map,Lots M &N are "unique" shaped lots that qualify for residential density based on the R-10 zoning designation.Prior to final subdivision approval,the Applicant shall disclose whether these lots will be further developed,and ifso,the layout oftheselots may be revised in order to accommodate future development.The Planning Department reserves the right to impose additional conditions relating to this matter while in the process ofresolving this condition. 2 1 P age S-2020-));SubdiuisionReport Kukui'ula Dev.Co.[Parcel CC West,Phoie 1 8.18.2020 g.The Applicant shall establish bus stops/shelters pursuant to Ordinance No.406. The details shall be resolved with the Planning Department and Department of Public Works prior to construction plan approval. h.The Applicant is made aware that the streets designated within the subdivision must be officially named before the Department approves the construction plans.Street names should be in Hawaiian and be submitted to our Department for review and approval,along with a request letter and 12 maps (on S'/i"x 14"paper).The maps should be detailed such that emergency vehicles,police services,postal deliveries, etc.,are able to locate the street.References to roadway,such as the highway and other surrounding roads,should be shown on the street-naming map i.The Subdivider shall comply with the requirements in Section 9-2.3(e)ofthe Kaua'i County Code (1987)relating to the provision ofcurbs,gutters and sidewalks along [ke Kai Street and Roadway Lot P.The extent ofimprovements shall be resolved with the Planning Department and Department ofPublic Works prior to final subdivision map approval. j.The Applicant shall prepare and obtain construction plan approvals for necessary road,water,drainage,electrical and telephone utilities and facilities,and either construct the same or post a surety bond for completion. k.Relative to the requirements/standards setforth in Ordinance No.777,the Applicant shall resolve with the Planning Department the provision ofpublic access. The subdivider shall incorporate the features ofthe Conceptual Trail Master Plan (dated April 2004)within the project area,ifapplicable.The access plan shall be reviewed and approved by both the Planning and Parks &Recreation Departments. Furthermore,proper documents shall be prepared and ready for execution prior to final subdivision approval.The Planning Department reserves the right to impose additional conditions relating to this matter while in the process ofresolving this condition. 1.Pursuant to Section 9-3.8(b)ofthe Subdivision Ordinance,Kaua'i County Code (1987),the Applicant shall submit to the Planning Department an electronic record (digitized format)ofthe final subdivision map(s)on disk for record keeping purposes prior to final subdivision approval. 2.Requirements ofthe Department ofPublic Works (DPW): a.The Parcel CC West Subdivision Draft Drainage Report dated May 2020 was prepared by Austin,Tsutsumi &Associates,Inc.for the subject development.The drainage concept as proposed in this drainage repon must be followed to ensure and maintain stormwater quality form the project and to detain the increase in storm runotfto pre-development levels in accordance with the County's Storm Water RunoffSystem Manual. b.Grading plans,construction plans,and specifications showing details and road construction,drainage structures,sewers,water mains,and all other utilities proposed to be construction in the subdivision shall be submitted for the department's review and approval. c.Best Management Practices (BMP's)shall be provided at all times to the maximum extent practicable to prevent damage by sedimentation,erosion,and dust to streams, watercourses,natural areas,and the property ofothers. 3.Requirements of the Department of Water (DOW): a.Prior to final subdivision approval,the Applicant shall be required to: 1)Submit an update Kukui'ula Water Demand and System Capacity Tracking Matrix; 3|Page S-2020-11;Subdivisionlleporl Kukui'ulo Dev.Co.(Parcel CC Wesl,Phuse 1 8.18.2020 2)Be aware that the Facilities Reserve Charge (FRC)and the adequacy of source,storage,and transmission facilities for the proposed development will be dependent on the approved updated Kukui'ula Water Demand and System Capacity Tracking Matrix;and 3)Identify the proposed subdivision lot the water service will be assigned to. The DOW comments may change depending on the approved subdivision map. b.The subdivider shall prepare and receive DOW's approval ofconstruction for the necessary water system facilities and either construction said facilities or post a performance bond for construction.These facilities shall also include: 1)All facilities required in the approved Kukui'ula Water Master Plan for the proposed project. c.Ifa bond is filed to secure final subdivision approval,the subdivider shall clearly letter the following on the approved construction plans,flnal subdivision map,and deeds: "Domestic water service will not be available until the required construction improvements for this subdivision are completed and accepted by the Department ofWater,County ofKaua'i." This deed restriction shall be recorded with the Bureau of Conveyances within ninety (90)days offinal subdivision approval by the Planning Department. 4.Requirements ofthe Department ofHealth (DOH): a.The subject project is located within HOH's Poipu Water Reclamation Facility wastewater sewer system.All wastewater generated shall be disposed into HOH's Poipu Water Reclamation Facility sewer system.AII lots in the proposed development/subdivision shall connect to HOH's Poipu Water reclamation Facility sewer system. b.Noise will be generated during the construction phase ofthis project.The applicable maximum permissible sound levels as stated in Title 1 1,Hawai'i Administrative Rules (HAR),Chapter 1 1 -46,entitled "Communitv Noise Control"shall not be exceeded unless a noise permit is obtained from the State Department ofHealth (DOH). c.Temporary fugitive dust emissions could be emitted when Lots 1-16 are developed.At that time,in accordance with Title 11,HAR,Chapter 11- 60.1,entitled "Air Pollution Control",effective measures for air pollution control shall be provided to minimize or prevent any fugitive dust emissions caused by the construction work from impacting the surrounding areas. This includes the off-site roadways used to enter/exit the project.The control measures include but are not limited to the use ofwater wagons, sprinkler systems,dust fences,etc. d.The construction waste generated from the project shall be at a solid waste disposal facility that is in compliance with the applicable provisions ofTitle HAR,Chapter 11 -58.1,entitled "Solid Waste Management Control",the open buming ofany ofthese wastes on or offsite is prohibited). e.The DOH Clean Water Branch (CWB)has review the subject document and offers the following comments.Please note that the review is based solely on the information provided in the subject document and its compliance with Chapters 11-54 and 11-55 HAR.The Applicant is responsible for fulfilling additional requirements related to the program and it is recommended that the department's standard comments be reviewed at 4|Page i-2020-11;Subdivisionlleporl Kukui'ula Dev.Co.(Porcel CC Wesl,Phase II) a.18.2020 http://www.hawaii.gov/health/environmental/env-planning/landuse/CWB- standardcomment.pdf. 1)Any project and its potential impacts to State waters must meet the lollowing criteria: A)Antidegradation policy (HAR,Section 11-54-1.1),which requires that the existing uses and the level ofwater quality necessary to protect the existing uses ofthe receiving State water be maintained and protected; B)Designated uses (HAR,Section 11-54-3),as determined by the classification ofthe receiving State waters;and C)Water quality criteria (HAR,Sections 11-54-4 and 11-54-8). f.The Applicant may be required to obtain a National Pollutant Discharge Elimination System fNPDES)permit coverage for discharges of wastewater. include storm water runoft,into State surface waters (HAR,Chapter 11-55). For NPDES general permit coverage,a Notice ot Intent (N01)form must be submitted at least 30 calendar days before the commencement ofthe discharge.An application for a NPDES individual permit must be submitted at least 180 calendar days before the commencement ofthe discharge,To request NPDES permit coverage,you must submit the applicable form ("CWB Individual NPDES Form -or CWB N01 Form") through the e-Permitting Portal and the hard copy certification statement wit the respective filing f'ee ($1,000 for an dividual NPDES Permot or $500 for a Notice ofGeneral Permit Coverage).Please open the e-Permitting Portal website located at:https://eha-cloud.doh.hawaii.8ov/epermit/.You will be asked to do a one-time registration to obtain your login and password.After you register,click on the Application Finder tool and located the appropriate form Follow the instructions to complete and submit the form. g.It is the State's position that all project must reduce,reuse,and recycle to protect,restore,and sustain water quality and beneficial uses ofState waters.Project planning should: 1)Treat storm water as a resource to be protect by integrating it into project planning and permitting.Storm water has long been recognized as a source ofirritation that will not deplete potable water resources.What is otten overlooked is that storm water recharges ground water supplies and t'eeds streams and estuaries;to ensure that these water cycles are not disrupted,storm water cannot be relegated as a waste product ot impervious surfaces.Any project planning must recognize storm water as an asset that sustains and protects natural ecosystems and traditional beneficial uses ofState waters,like community beautification,beach going,swimming,and fishing.The approaches necessary to do so, including low impact development methods or ecological bioengineering ofdrainage ways must be identified in the planning stages to allow designers opportunity to include those approaches up front,prior to seeking zoning,construction or building permits. 2)Clearly articulate the State's position on water quality and the beneficial uses ofState waters.The plan should include statements regarding the implementation ofmethods to conserve natural resources (e.g. Minimizing potable water for irrigation,gray water re-use options, energy conservation through smart design)and improve water quality. 3)Consider storm water Best Management Practice (BMP)approaches that minimize the use ofpotable water for irrigation through storm water storage and reuse,percolate storm water to recharge groundwater to revitalize natural hydrology,and treat storm water which is to be discharged. 5|Page S-2020-11;SubdivisionBeport Kukui'ula Qev.Co.(Panel CC Wes),Ptanse II) 8.18.ZOZO -^ 4)Consider the use ofgreen building practices,such as pervious pavement and landscaping with native vegetation,to improve water quality by reducing excessive fertilization,respectively. 5)Identify opportunities for retrofitting or bio-engineering existing storm water infrastructure to restore ecological function while maintaining,or even enhancing,hydraulic capacity.Particular consideration should be given to areas prone to flooding,or where the infrastructure is aged and will need to be rehabilitated. For any questions,please visit website at http://health.hawaii.sov/cwb/,or contact the Engineering Section,CWB,at (808)586-4309. BMP Comments h.National Pollutant Discharge Elimination System (NPDES)permit coverage is required for pollutant discharges into State surtace waters and for certain situations involving storm water (HAR,Chapter 11-55) 1)Discharges into Class 2 or CIass 1 State water can be covered under an NPDES general permit only ifall ofthe NPDES general permit requirements are met.Please see the DOH-CWB website (http://health.hawaii.eov/cwb/)for the NDES general permits and instructions to request coverage. 2)All other discharges into State surface waters (including discharges from Concentrated Animal Feed Operations)and discharges into Class 1 or Class AA State water require an NPDES individual permit.To request NPDES individual permit coverage,please see the DOW-CWB forms website located at:http://'health.hawaii.aov/cwb/site-map/clean-water- branch-home-paee/forms/ 3)NPDES permit coverage t'or storm water associated with construction activities is required ifyour project will result in the disturbance ofone (1)acre or more oftotal land area.The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan ofdevelopment or sale.NPDES permit coverage is required before the start ofthe construction activities. Land disturbances includes,but is not limited to clearing,grading,grubbing, uprooting ofvegetation,demolition (even ifleaving foundation slab), staging,stockpiling,excavation into pavement areas which go down to the base course,and storage areas (including areas on the roadway to park equipment ifthese areas are blocked otffrom public usage,grassed areas,or bare ground). i.Please note that all discharges related to the project construction or operation activities,whether or not NPDES permit coverage and/or Section 401 WQC are required,must comply with the State's Water Quality Standards.Noncompliance with water quality requirements contained in HAR,Chapter 11 -54 and/or permit requirements,specified in HAR,Chapter 11-55,may be subject to penalties of $25,000 per day per violation. 5.The Applicant is advised the should any archaeological or historical resources be discovered during ground disturbing/construction work,all work in the area ofthe archaeological/historical findings shall immediately cease and the applicant shall contact the State Department of Land and Natural Resources,Historic Preservation Division and the PIanning Department to determine mitigation measures. 6.The Applicant is advised that prior to and/or during construction and use additional conditions may be imposed by government agencies.Should this occur,the applicant shall resolve these conditions with the respective agency(ies). 6 1 P age S-2020-11,-SuMivjsionReport Kukufula Dev.Co.(Parcel C(West,Fhose It) 8.1B.2020 The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view ofthe forthcoming public hearing process scheduled for SEPTEMBER 8,2020 whereby the entire record should be considered priorto decision-making.The entire record should include but not be limited to: a.Pending government agency comments; b.Testimony from the general public and interested others;and c.The Applicant's response to staffs report and recommendation as provided herein. DALEA. PIanner 7|P age S-;020-11;Subdivisionlleporl Kukui'ulo Dev.Co.(Parcel CC West,Phose 1 l.lt.iOil nnmn r'*€n*WT& CtsaoHro-vlasuwwM<yw>. PBIIBH5 CF EMEKNI Np-1 F(R HBN-POTMU p n f*wn (F KCt. FCft SICR P11RPOSES WTECIttC imwtcwns. kIER plWOSES tfTECTHG ctiinumT an»a&iic. ;lu5Trru%3E£^%iro^ '/"ra '>Kffn^A:' ^SSB KUKUI'ULA PARCEL CC WEST SUBDmSION,PHASE 2 SUBDmSION OF LOT 15 OF KUKUI'ULA PASCEL CC TOST SUBDIVISION INTO LOTS A TO H,INCLUSIVE, J TO N,INCLUSIVE,AND P AND DESIGNATION OF EASEMENTS I TO 6,INCLUSIVE AND DESIGNATION OF EESTEICTION OF VEHICUIAR ACCESS EIGHTS AFFECTING LOT N BEING A PORTION OF ROYAL FATENT 6714,LAND COMMISSION AWARD 7714-8, APANA 2 TO M,KEKUAIffA N0 M.KEKUANAOA SITUATED AT KOLUA (MAKAI),KOLOA,KUNA,KAUAI,HAWAII OWNER:KUiCUi'UIA OETELOPMENT CO.(HAVAII).L.L.C. ADBRESS:P.0.BOX E80 KOLOA.HI B 6758 ARE BtSCD ON 01»EBBO<T SUti^ ^^XD<M»XH.nicHiirr TM REBOIBS. wuhtE)IN ^/a H,nns uuns DnBiNz juiEn. fiBco zow 11 u nBm CH FROI nai i nwos crraatM BiuBincs PSOPOTYe Dausnc UWMKH yiuiBi, F.flCTSEB IKHEnEn M,Wi( BC AtfJUUISU PtNCLKuan I! anwo®nsFcn THS SUBOHSIOH JWE COMPI£TCD JUB AcctpTE)BY nc DCPWTKMT CURfttmLT SDIMCtUIKTtSEREaUETOFOHpfWOStDLUOSUtfWflLO^P. ^vasfsj iw »*fcnupua> FJkTOi'AinueNT artftc >AinuiHTIIVWItWH,tUUUU EU)*>inuir CWCUTX,camTTVCWMCt^HAVMJtH mMU,IUVW ou» semiacs.uc -iT.?n sn.n. ron tucmoy.nn*oscs wffciwc U>T c n twwt w KUC -47 sa.FT. ran divttww.nwcses tffftTua LOT F K FAVJR v mx *I,TW at 10.EASOffHT <FW OECTOCAL PUWCGts JIFTlCTTfG UT H n FAVK CF uuc •47 M,FT. 11.EISEUENI S Fdt nECIRlC*t PiTOtses HTfcma UT L u FAWI CF wt -\cz*so. Tllll:3-6-022:021 (POfi.) Kutu'ulc Oew[Epme[)l Cc..L1C (B.nrr) KUKUl'ULt PABCEL I;SUBtNWSION Twitiinl VBWtkrt Smld PW)SunmKry Numb«sf Unlli Dn^mil«i n tluttl-Fnnily nit PfHBt 1 (S-TODS-H)T F'hlBI U (S-MICI5-21)U1N4 f>h B (s-axB-a)K!>U Ph U((S-2008-3)CCfF LT)»lai 12 n i i (S-2013-07) Pisnl FF (t-^-2B13'l) PMB*«c(s-wi-a)MU Fuul CC llnl (S-i013-07) Pnd A.Ffima I (S-201I-1B)Paiul H (S-20ie-2) faK*f [S-me-;; Poml ff (S-2C1B-B) PliUt »C-1 (S-a)1»-)3)AUi ftirul C (S-KII>-1B) Fiiiuf E (5-iCBO-y Fuut FF (I-I-imB-IOfl Fiml 1 (S-;0;t-1) leld TWt znmc ecuH)«HB ACC£SS fOiwnic CEWOTES ACCESE PCRdTTOI 1B 11NKR U1 SUBnBUt ^-l^.t^3_ UCOtSOI PIKlFtSSKMM. nifc (4)2-8-018;f aacwea^ATA^K- COUNTYOFKAUA'I DEPARTMENT OF PUBLIC WORKS COU^TV ^'/A'JA TO:PLANNING DIRECTOR .'21 APR -9 p 1 :30 VIA:COUNTyENGINEER "'"" FROM:ENOrNEERING DFVISION-pi AN^;NG DEP7. DATE:April 6,2021 RE:Kukui'ula Parcel CC West Subdivision,Phase 2 Subdivision ofLot 15 ofKukui'ula Parcel CC West Subdivision into Lots A to H,Inclusive,J to N,Inclusive, and P and Designation ofEasement 1 to 6,Inclusive and Designation ofRestriction ofVehicular Access Rights Affecting Lot N.Being a Portion ofRoyal Patent 6714, Land Commission Award 7714-B,Apana 2 to M. Kekuaiwa No M.Kekuanaoa Situated at Koloa (Makai), Koloa,Kona,Kaua'i,Hawai'i s-'?n7n-i i SUBDIVISION N0. OWNER:Kukui'ula Development Co (Hawai'i)LLC REGISTERED PROFESSIONAL LAND SURVEYOR: Erik Kaneshiro,PLS. TAX MAP KEY:2-6-019:048 PREFINAL MAP CONSTRUCTION PLANS (TITLE SHEET) CONSTRUCTION INSPECTION FEE AGREEMENT &BOND COMPLETION OF IMPROVEMENT FINALMAP DEDICATION PW 03.21.151 COMMENTS: 1.FORM &CONTENT OF MAP &SUPPLEMENTAL DOCUMENTS: 2.SEWER: 3.PARK: 4.DRAINAGE: 5.ROAD: 6.OTHERS:We have no further comments.Recommend proceeding to Final Map. a.Transmitted herewith for your review &approval is the approved constmction plan Title Sheets for: b.Engmeer Estimate for Construction of Roads,Drainage and Sewer is estimated at c.Request Developer to deposit with Public Works Department a Constmction Inspection Fee of d.As-built tracings have (not)been received e.Deed is approved f.Attached Deed requires revision(s)as follows Sincerely, ^. 'MICHAEL MOULE,P.E. Chief,Engineering Division MM/PT Copy:S-2020-11 Wati'fhissiwsfitistittili:.,....Coa.wiivil! C n^f a*Saaal 4398 PUA LOKE STREET LIHU'E,KAUA'I,HAWAI'I 96766 (808)24S-5400 [P)•»(808)24S-S813 {F} TO:PLANNING DEPARTMENT PROM:DEPARTMENT Of WATER TMK:2-6-19:048 NAME:Kufcuiula Parcel CC West Phase II SURVEYOR:viTA REPORTNO;S-2020-11 1.Domestic water is adequate.Teatative approval is recommended. Water Requirements are nofc affected.Tcntative qiproval is recommeiided. 2.All requircments bsve been fully met and;therefbre,Final approval is recoinmended. 3.Before finalapproval caa be recommended,the subdivider must: A.PaytheDepartmentofWaterthe following charges in effect at the rime ofreceipt.Atthepresent tune, these charges mclude: 1)The Facilities Reserve CliaTge (FRC): Lot@$I4,115pCTlot =S .IfPaymenttoinstallorrelocateserviceconnecfions(s)at the fbced cost of $ 2)the subdivider causes a delay in the service counection installation after one year since fina]map approval,the subdivider shall be charged the mcrease in tbe fixed cost,ifany. Deposit (the subdivider will either be bUled or retumed the difference between this deposit and the3)actual cost ofcons&uction of$for constniction by the Departmeat ofWater (DOW). B.SubmittotheDOWacopyofthesubdivider'spemiittoperfonnworkuponaStatehighwayfromthe State Highways Division a a B n a D D a D C.Prepare aad receive DOWs approval of construction drawings for the necessaiy water systsm facilities and either construct said facilities or post a performance boud for constaTuction.These facilj'ties sball atsa Q include: D.Prepare and convey to tlie Department ofWater a Right-of-EctTy and Temporary Grant ofEasement for the purpose ofconstructioa,repair,mamfeoance,and operatton ofthe subdivision water system Q improvements installed in other than County-owned property, E.Ifa bond is filed,to secure final subdivision ^proval,the subdivider shall cleariy letter the following on the approved constmctioa plans,final subdivision map,and deeds: 'T>omestic water service wiU uot be available until the reqmred construcdon iroprovements for this subdivisioD are compieted and accepted by the Departmeat ofWater,County ofKauai. This deed restrictioa shaU be recorded with tiie Bureau ofConveyances within ninety (90)days offiaal subdivision approval by the Planning DepartmenL 4.InstaUation ofservice conaectioDS wUI oot be required unti]requsst foi water service is made.The applicant for service will be charged the applicable service connection charges at tbat time. 5.Other (or reniarks): a a D <^^y¥^- MarkR.Kiioff,P.E.,PhD Maitager&ChiefEngineer May 7,2021 Date SUBDtVESION REPORT N0.S-2020-11 RF:mlm S-2020-1I,Finai Approval,Kufcuiirln Pnrccl CC Wcsl Pitiisc )!.2-6-0[9-043 DAVID Y.IGE SOVERNOR OF HAUUAII STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 3378 HONOLULU,Hl 968U1-3378 cnu*-^/,J ^.-i '. ,ELEABETH A.CHAfi,N1.0. 11 •.??-^L ^OIRECTOR OF HEALTH •21 AFR 13 Inreply.pleasereferto: Rle; April 6,2021 Mr.Ka'aina Hull,Director County of Kauai Planning Department 4444 Rice Street,Suite A473 Lihue,Hl 96766 Dear Mr.Hull SUBJECT:PRE-FINAL Subdivision Map Review and Approval Subdivision No.:S-2021-11 Applicant:Kukui'ula Parcel CC West Phase II Subdivision We have no additional environmental health concems to add to those previously submitted on July 15,2020 and has no objections with final approval ofthis subdivision application. Should you have any questions,please call me at 241-3323. Sincerely, ^'^'/'./ -^-^- ^'^',''^Barren Tamekazu,Ghief (Acting) District Environmental Health Program Kaua'i Kenneth Estes 'frpO Co<f,f,iri-'. From: Sent: To: Subject: Paul Toqioka Friday,June 18,2021 10:55 AM Kenneth Estes FW:HICRIS SHPD Response for Project Review (S-2020-11 Kukuiula Dvelopment Parcel CC West Phase II) From:PaulTogioka Sent:Friday,February 12,2021 6:34 AM To:Paul Togioka <ptogioka(S>kauai.gov> Subject:HICRIS SHPD Response for Projert Review (S-2020-11 Kukuiula Dvelopment Parcel CC West Phase From:HICRIS <no-reply@shpd.dlnr.hawaii.gov> Sent:Thursday,February 11,2021 11:18 AM To:Paul Togioka <ptogioka@kauai.gov>;dhutchinson@kukuiula.com;dshideler@culturalsurveys.com; hhammatt@cufturalsurveys.com Subject:HICRIS SHPD Submission Consolidated Response for Project Review Project:2020PR33587 CAUTION:This email originated from outside the County ofKauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. This is an automated notification sent by the Hawaii State Historic Preservation Division (SHPD)from the Hawaii Cultural Information System (HICRIS). In response to review ofyour submission (2020PR33587.001)forproject 2020PR33587 named Subdivision Application Routing Fomi i,Koloa,Kona,Kauai, SHPD consolidated the responses from SHPD Reviewers.A consolidated response includes individual responses from the Reviewers ofthis submission,as well as supporting documentation in the fomi of attachments.Please follow the link below to review SHPD's consolidated response to your submission.Further action on your part may be required to respond to SHPD requests for additional information. SHPD Comments: &IIDS:.shpd.hawai;,30vlh;cns,-;ommuiiicats,address-fesDonse,1 Kaua‘i Habitat for Humanity, Inc. P.O. Box 28 808-335-0296 Eleele, HI 96705  (See Attachment 1) Stephen Spears P.O. Box 28 808-631-9157 Eleele, HI 96705 stephens@kauaihabitat.org 4-870 Kuhio Highway (4) 4-3-09: 71 and 51 Kapaa HI 96746 36,861 Sq. Ft. Urban R-20 Neighborhood Center 17 affordable housing units (8 duplexes and 1 single), CPR ownership. All 17 units to be sold as workforce housing to residents, ranging from 30% to 120% AMI. $5,950,000 (See Attachment 2) 11/10/2020 See Attachment 3. The proposed development does not abut a shoreline. See Attachment 4. N/A See Attachment 5. See Attachment 5.  See Attachment 5.  See Attachment 5.  See Attachment 5.  See Attachment 5.  See Attachment 5.  See Attachment 5.  See Attachment 5.  See Attachment 5.  See Attachment 5.  See Attachment 5.  The Proposed Development is approximately 270 ft. from the shoreline with Wana and Niulani Roads between the property and properties that abut the shoreline. Shoreline access and use with the development will be unchanged from the current access and use.  The Proposed Development is approximately 270 ft. from the shoreline with Wana and Niulani Roads between the property and properties that abut the shoreline. Shoreline access and use with the development will be unchanged from the current access and use.  The west edge of the property borders the Kapa`a Bike/Pedestrian Path, making it an ideal location for residents to access and enjoy the path.  The Proposed Development is approximately 270 ft. from the shoreline with Wana and Niulani Roads between the property and properties that abut the shoreline. Shoreline access and use with the development will be unchanged from the current access and use.  Property does not abut the shoreline. Access is provided via Wana Road, located on the south side of the property.  The Proposed Development is approximately 270 ft. from rocky and sandy beach shorelines that residents can access through existing beach transit corridors on neighboring properties.  As a development that is fully in-line with county zoning, environmental, and general plans it is not expected to cause any significant increase in pollution.  Not to our knowledge.  Not to our knowledge.  Neither Kauai County nor Hawaii Historical Preservation Office have any records involving the subject property. Applicant doesn’t have any archeological records for the project site. Since it’s in close proximity to the shoreline, it would be advisable to seek a consultant to perform an archaeological survey of the site and ensure the project does not impact any archaeology, if any.  Not to our knowledge, and the State Historical Preservation Office has no records for these TMK’s.  Not to our knowledge, and the State Historical Preservation Office has no records for these TMK’s.  No Hawaiian fishponds within or near the project site.  During an inventory survey conducted in association with the Kapa`a sewer line construction, buried habitation deposits were encountered along Kuhio Highway between Wana Road and Waikaea Drainage Canal (Historic Site #01848, State Site #50- 30-08-01848, SHPD Library K-00252). During the actual construction of the sewer line, burials were found in association with the previously identified habitation deposits.  See Attachment 6.  The proposed development will consist of multiple 2 story structures. Currently dense, mature iron wood trees line the east side of the property blocking off the shoreline view, these trees will be removed.  The flat lot will remain flat. Views from the shoreline makai will remain unaltered as well because the view from the shoreline to the mountains is already interrupted by the tall buildings of the Ross/Safeway shopping center.  Two-story buildings nestled between several three-story buildings, across from the shopping center will be visually compatible.  The development is makai of Kuhio Highway, with one road and one parcel between the site and the shoreline.  The proposed development is approximately 270 feet from the shoreline.  Not to our knowledge.  The site has been previously developed. All surrounding and nearby areas have been developed in a similar manor as current and proposed development.  No diversions, disruption or degradation of waters will be necessary for this development.  The proposed development will connect to existing County of Kaua`i wastewater infrastructure on Wana Road, the sewer main is located within Kuhio Highway.  Not to our knowledge.  Not to our knowledge.  Project does not involve harbor or port.  60 unit Kaua`i Kailani condominium complex along the south boundary across Wana Road. 81 Unit Kapa`a Shores is north and northeast of the project, and also owns Wana and Niulani Roads. (See Attachment 5, Figure 3).  Residential zoning (R-20) in place.  The proposed development is a residential project and does not relate to commercial fishing or seafood production.  The property is in the Tsunami Evacuation Zone. (See Attachment 5, Figure 3).  The property is in Zone X, area of minimal flooding. (See Attachment 5, Figure 6).  The proposed development is located in a non-special flood hazard area, an area in a low- to-moderate risk flood zone. No mandatory flood insurance purchase requirements apply, but coverage is available in participating communities.  The nearby shoreline experiences an erosion rate of -0.5 to -1 ft. per year (See Attachment 5, Wailua Erosion Map and Attachment 5, Figure 7).  See Attachment 5. The proposed development would not have any substantial, adverse environmental or ecological effect. Any adverse effect will be minimized to the extent practicable by mitigation measures mentioned above. Most of the adverse effects will be temporary in nature and related to the construction activities. (See Attachment 4). The proposed development is not perceived to have adverse environmental or ecological effects. (See Attachment 4). The proposed development is compliant with SMA Rules and Regulations. (See Attachment 4). The proposed workforce housing development of 17 units complies with the County zoning district of R-20, as well as the County’s General Plan designation of “Neighborhood Center”. It is also consistent with the State Land Use zoning of Urban District. (See Attachment 4). Milani Pimental, Acting Executive Director 11/10/2020 (4) 4-3-009: 051, and 71 N/A Kauai Habitat for Humanity, Inc. 4-870 Kuhio Highway, Kapaa, HI 96746 P.O. Box 28, Eleele, HI 96705 36,861 Sq. Ft. 808-631-9157 R-20 stephens@kauaihabitat.org X X X X X X X X X X X X X X X X X N/A 17 condominium units to be sold as workforce housing at and below 120% AMI. One home currently on property. S.S. S.S.. S.S. S.S. S.S. N/A N/A S.S. S.S. S.S. S.S. 11/13/2020 A Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity TMKs: (4) 4-3-009:071 and 051 Waipouli Ahupua‘a Puna District Island of Kauaʻi Prepared By: Nicole Ishihara, B.A. and Lokelani Brandt, M.A Prepared For: Kauaʻi Habitat for Humanity P.O. Box 28 ʻEleʻele, HI 96705 April 2021 ASM Project Number 36670.00 A Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity TMKs: (4) 4-3-009:071 and 051 Waipouli Ahupua‘a Puna District Island of Kauaʻi Table of Contents Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi i CHAPTERS Page 1. INTRODUCTION ......................................................................................................... 1 2. IDENTIFICATION OF CUSTOMARY AND TRADITIONAL RESOURCES AND PRACTICES .............................................................................. 7 WAIPOULI AHUPUAʻA AND THE GREATER PUNA DISTRICT ................................ 7 Traditional Accounts Associated in Waipouli Ahupuaʻa ............................................... 9 EARLY EUROPEAN DESCRIPTIONS ........................................................................... 14 MĀHELE ‘ĀINA OF 1848 ................................................................................................ 16 Kuleana Awards and Government Land Grants .......................................................... 16 Commission of Boundaries (1862-1876) ..................................................................... 19 WAIPOULI AND THE GREATER PUNA DISTRICT AFTER THE MĀHELE ........... 19 PREVIOUS ARCHAEOLOGICAL STUDIES ................................................................. 23 3. CONSULTATION ....................................................................................................... 28 KAUANOE HOʻOMANAWANUI ................................................................................... 28 SHELEIGH KAʻAHIKI SOLIS ......................................................................................... 29 4. ANALYSIS AND MITIGATIVE MEASURES ........................................................ 29 IDENTIFY WHETHER ANY VALUED CULTURAL, HISTORICAL, OR NATURAL RESOURCES AREA PRESENT WITHIN THE PETITION AREA, AND IDENTIFY THE EXTENT TO WHICH TRADITIONAL AND CUSTOMARY NATIVE HAWAIIAN RIGHTS ARE EXERCISED .............................. 29 Traditional Agricultural and Fishing Practices ............................................................ 29 Iwi Kūpuna ................................................................................................................... 30 IDENTIFY THE EXTENT TO WHICH THOSE RESOURCES AND RIGHTS WILL BE AFFECTED OR IMPAIRED BY THE PROPOSED ACTION ....................... 30 SPECIFY ANY MITIGATIVE ACTIONS TO BE TAKEN TO REASONABLY PROTECT NATIVE HAWAIIAN RIGHTS IF THEY ARE FOUND TO EXIST. ......... 30 REFERENCES CITED ................................................................................................... 31 FIGURES Page 1. Project area location. ................................................................................................................................. 2 2. Tax Map Key plat (4) 4-3-009 showing project area with parcels 051 and 071. ...................................... 3 3. Google Earth™ satellite image showing the project area. ........................................................................ 4 4. Northwest corner of proposed project area along Kuhio Highway, view to the southeast. ...................... 5 5. Southern boundary of the project area bounded by Wana Road, view to the east. ................................... 5 6. Southeast corner of the project area, view to the northwest. .................................................................... 6 7. Eastern boundary of the project area, view to the northwest. ................................................................... 6 8. Northern boundary of project area, view to the west. ............................................................................... 7 9. A portion of Hawaiʻi Registered Map No. 2375 from 1903 by John M. Donn showing swamp land north of the project area. .................................................................................................................. 8 10. A portion of Hawaiʻi Registered Map No. 432 ca. 1833 by Emerson shows a trail alignment to the west of the project area. ................................................................................................................... 15 Table of Contents ii Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi FIGURES Page 11. Distribution of Kuleana (LCAw.) parcels shown on a portion of Hawaiʻi Registered Map No. 2452 from 1907...................................................................................................................................... 18 12. Photo of Makee Plantation (center) with Nounou (also known as “Sleeping Giant”; left) and Waiʻaleʻale (right) (Kauaʻi Museum). ................................................................................................... 21 13. Kapaʻa School ca.1933 (Library of Congress). ..................................................................................... 21 14. Waipouli Polo Field, ca. 1924 (Hawaiʻi State Archives). ..................................................................... 22 15. Prior archaeological studies conducted in the vicinity of the project area. ........................................... 26 16. Historic properties identified within and in the vicinity of the project area. ........................................ 27 Tables Page 1. Kuleana awards in Waipouli Ahupuaʻa. ................................................................................................. 17 2. Waipouli land grants. .............................................................................................................................. 19 3. Previous archaeological studies near the project area ............................................................................. 24 4. Community members contacted for consultation. .................................................................................. 29 1. Introduction Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 1 1. INTRODUCTION At the request of the County of Kauaʻi, the Kauaʻi Habitat for Humanity (Applicant) contracted ASM Affiliates (ASM) to prepare this Ka Paʻakai O Ka ‘Āina Analysis in support of a Special Management Area (SMA) Permit for the development of an affordable housing project on Tax Map Key (TMK): (4) 4-3-009:071 and 051, Waipouli Ahupuaʻa, Puna District, Kauaʻi Island (Figures 1, 2, and 3). The proposed project will involve the construction of seventeen affordable housing units (8 duplexes and 1 single-family dwelling) within the 0.8-acre project area at 4-870 Kuhio Highway, Kapaʻa, Kauaʻi. The subject parcel consists of two lots, one with an existing residenc e, and is located a little more than 200-feet from the ocean. Photo of the project area are included as Figures 4, 5, 6, 7, and 8). Article XII, Section 7 of the Hawaiʻi Constitution obligates the State and its agencies “to protect the reasonable exercise of customarily and traditionally exercised rights of native Hawaiians to the extent feasible when granting a petition for reclassification of district boundaries” (Ka Pa‘akai O Ka ‘Aina v Land Use Commission, 94 Hawai‘i 31, 7 P.3d 1068 [2000]). Under Article XII, Section 7, the State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua‘a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights. In the context of land use permitting, these issues are commonly addressed when the state or county commission is asked to approve a petition for the reclassification of district boundaries or zoning, as such an action most often initiates activities that precede initial intensive development. While this approval of a Special Use Permit does not involve the reclassification of any lands, the Applicant thought it prudent to provide a discussion of such rights to facilitate the Special Use Permit decision making processes for the County Planning Commission. On September 11, 2000, the Hawai‘i Supreme Court’s landmark decision in Ka Pa‘akai O Ka ‘Aina v Land Use Commission established a three-part analytical framework for addressing the preservation and protection of traditional and customary rights specific to Hawaiian communities. To effectuate the State’s (and its agencies) constitutional responsibility to protect native Hawaiian customary and traditional practices while reasonably accommodating competing private interest, the Ka Paʻakai O Ka ʻAina framework addresses the following: 1) Identify whether any valued cultural, historical, or natural resources area present within the petition area, and identify the extent to which traditional and customary Native Hawaiian rights are exercised; 2) Identify the extent to which those resources and rights will be affected or impaired by the proposed action; and 3) Specify any mitigative actions to be taken to reasonably protect native Hawaiian rights if they are found to exist. Following this framework, the Ka Paʻakai o ka ʻĀina analysis provided here consists of four sections. Each section relies on historical archival sources, prior archaeological studies, and consultation to identify whether any valued cultural, historical or natural resources are present within the project area. These sources, furthermore, aid in identifying the extent to which any traditional and customary native Hawaiian rights are (or have been) exercised in the project area. The first section considers the project area in relation to customary and traditional practices known within broader Puna region. The second section assesses the extent to which specific customary and traditional practices were practiced in the ahupuaʻa of Waipouli and the project area. The third section summarizes consultation with community members who have genealogical ties and long -standing residency or relationships to Waipouli. The last section summarizes these findings using the analytical framework outlined above. 1. Introduction 2 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi Figure 1. Project area location. 1. Introduction Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 3 Figure 2. Tax Map Key plat (4) 4-3-009 showing project area with parcels 051 and 071. 1. Introduction 4 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi Figure 3. Google Earth™ satellite image showing the project area. 1. Introduction Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 5 Figure 4. Northwest corner of proposed project area along Kuhio Highway, view to the southeast. Figure 5. Southern boundary of the project area bounded by Wana Road, view to the east. 1. Introduction 6 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi Figure 6. Southeast corner of the project area, view to the northwest. Figure 7. Eastern boundary of the project area, view to the northwest. 2. Identification of Customary and Traditional Resources and Practices Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 7 Figure 8. Northern boundary of project area, view to the west. 2. IDENTIFICATION OF CUSTOMARY AND TRADITIONAL RESOURCES AND PRACTICES In an effort to identify any valued cultural, historical, or natural resources and to assess the extent to which traditional and customary rights are or have been exercised in the project area (the first part of the analytical framework), this section presents a summary of historical-archival information specific to Waipouli Ahupuaʻa and where applicable the broader moku (district) of Puna. This section concludes with a summary of findings from previous archaeological studies conducted within the subject parcel. WAIPOULI AHUPUAʻA AND THE GREATER PUNA DISTRICT The approximately 0.85-acre project area is located within the ahupuaʻa of Waipouli, which is one of fourteen traditional ahupuaʻa that make up the larger windward moku (district) of Puna. The project area is within the modern judicial district of Kawaihau, a designation that was effected in 1887 under the administration of King David Kalākaua; prior to that time, the district was known as Koʻolau (Commission 1898). The name of the ahupuaʻa, moku, and judicial district connote the abundance of water in this region: Waipouli can be translated as “dark water,” Kawaihau literally means “ice water,” and Puna refers to “freshwater springs” (Pukui et al. 1974:98, 227, 355). Waipouli Ahupuaʻa is nestled between the ahupuaʻa of North Olohena (to the south) and Kapaʻa (to the north) and does not extend to the summit of Waiʻaleʻale. The makai portion of Waipouli is generally flat, while the uplands consist of small valleys and irregularly shaped gulches. Tributaries in the mauka region include Kapahi (“the knife”), Makaleha (“eyes looking about as in wonder and admiration”), and Moalepe (“chicken with comb”) Streams (Handy and Handy 1972:423). The Kapaʻa Stream (also known as Kapaʻa River and Keālia River) is formed by the convergence of the former and empties to the north of the Kapaʻa/Keālia border. An approximately 170-acre swamp land, which has been mostly filled in modern times, can also be found in the lowlands of Kapaʻa (Handy and Handy 1972). Two prominent landscape features encompass the Kapaʻa/Waipouli area—a coastal plain with sand dunes and a large marsh. These features are shown in Hawaiʻi Registered Map No. 2375 from 1903 map (Figure 9) by John M. Donn which depicts these boundaries and the swamp area in th e makai region of Waipouli that extends into Kapaʻa. 2. Identification of Customary and Traditional Resources and Practices 8 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi Figure 9. A portion of Hawaiʻi Registered Map No. 2375 from 1903 by John M. Donn showing swamp land north of the project area. The following passage as told by Frederick B. Wichman describes the ‘āina (land), the many kahawai (rivers), and historical settlement of the Puna District: The ancient kingdom of Puna lies between the walls of Waiʻaleʻale and the sea, cradled by the arms of the Hāʻupu Range on the south and the Makaleha Mountains to the north. This area is watered by three small rivers--Hulēʻia, Hanamāʻulu and Keʻālia—that fed complexes of taro fields. The center of the land was also dominated by the watershed of the mighty Wailua River. It begins in the countless waterfalls that cascade down an immense green amphitheater formed by three -thousand foot cliffs. Small tributaries join to form large ones and those combine into large streams, the North and South Forks, which together cut a path through the ridge lying crossways inland of the shore. The river becomes broad, deep, and slow, Hawaiʻi’s longest navigable stream. It was the center of Kauaʻi’s second kingdom, Puna. For six to eight hundred years, from the time of Kūʻalunuikiniākua, the inhabitants of Kona centered on the Waimea River has little or no contact with the islands to the south. The population peacefully grew and expanded into new areas, developing new homes, agricultural fields, and temples. Then sometime between 1000 and 1100 A.D., the settlers from the Marquesas arrived, led by Puna- nui-ka-ia-ʻāina. There is no trace in surviving legends of the negotiations that must have taken place to accommodate these new settlers, but Punanuikaiaʻāina succeeded in creating a chiefdom independent of Kona. The Puna kingdom grew to accommodate an increasing population and spread out on both sides of the river until it covered the area between the Hāʻupu Range and the Makaleha Mountains. By the end of the fourteenth century, seven ahupuaʻa were created to the south and five to the north of the river. (Wichman 1998:50) 2. Identification of Customary and Traditional Resources and Practices Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 9 Each geographic area around the Hawaiian Islands has a name for the natural elements unique to that specific place. There was no exception for the ahupuaʻa of Waipouli or the moku of Puna. The rains of associated with Kapaʻa and the greater Puna District include Hāʻao, Kea, and Hoʻolua. The Hāʻao rain is mentioned in the mele (song) titled, “Kawaikini,” which describes Waiʻaleʻale, the highest summit on Kauaʻi: Aloha ke kapa huki palai Greetings to the shores that conceal and confuse I ka lupea e ka ua Hāʻao Made attractive by the Hāʻao rain (Holstein in Akana and Gonzalez 2015:30) A makena (lament) for Queen ‘Emalani Kaleleonālani discusses the Kea rain of Puna, Kauaʻi below: He ua Kea ko Puna Puna has a white [Kea] rain Ke ua maila i Kuaahiahi Raining now at Kuaahiahi He ua hoʻomālie kai no Makaīwa A rain that quiets the sea of Makaīwa E ana ana i ka laulā o Kapaʻa Measuring the expanse of Kapaʻa (Nogelmeier in Akana and Gonzalez 2015:72-73) The name of the winds of Kauaʻi are listed in a chant and story called The Wind Gourd of Laʻamaomao. When the gourd was opened, a specific wind would emerge and could fill the sails of a canoe, taking that person in the direction they desired. Kūapākaʻa, the son of Pākaʻa and descendant of Laʻamaomao, calls out to the winds of Puna Moku: Hoʻolua is the wind of Makaīwa, Kēhau is of Kapaʻa, Malamalamamaikai is of Keālia, Hulilua is of Homaikawaʻa, Amu is of Anahola, (Nakuina 1990:53) Pukui’s (1983) ʻŌlelo Noʻeau Hawaiian Proverbs & Poetical Sayings recorded the following poetical expression that further describes the beauty throughout the moku of Puna, Kauaʻi below: He nani wale no o Puna mai ‘o a ‘o. There is only beauty from one end of Puna to the other. There is nothing to complain about. Refers to Puna, Kauaʻi. (Pukui 1983:91) Traditional Accounts Associated in Waipouli Ahupuaʻa Moʻolelo (accounts) and mele (songs) offer rich resources for understanding the cultural landscape, land use, and practices of an area. In addition to the aforementioned inoa ua (rain names) and inoa makani (wind names), they are another source of history that informs our understanding of how peoples of the past expressed their relatio nships to their lands and environment. The following paragraphs present a summary of select traditional accounts with reference to Waipouli and the greater Puna District of Kauaʻi. Ka Mo‘olelo O Hi‘iakaikapoliopele The story begins at Hā‘ena in the Puna District on Hawai‘i Island—the district where Pele, the deity of lava and the elder sister of Hi‘iakaikapoliopele, resided. After enjoying a great display of hula, Pele fell into a deep sleep and heard the rhythmic beats of hula pahu (hula drums). Drawn to the sound, Pele in her spirit form followed the echoes of the drums and arrived at the small village of Hā‘ena on the north shore of Kaua‘i. Here Pele found herself amongst a crowd of spectators, all of whom looked at her in wonder and admira tion at her beauty, a beauty not seen before on their island. Standing in the midst of this crowd was the striking Lohiau, who was seemingly unconscious of Pele’s presence. The two lovers spent three nights and days together, however, Pele would only grant him kisses. During that time, Pele recited a chant naming the many winds of the islet of Lehua, Niʻihau, and Kauaʻi. Below is an excerpt from that chant which features winds in the Puna District. Note that Inuwai (drinking water, a sea breeze) is the name of one of the winds of Waipouli: He Waiakualawalawa ka makani o Konoleʻa He Wailohi ka makani o Nāhanahanai He Inuwai ka makani o Waipouli Waiakualawala is the wind of Konoleʻa Wailohi is the wind of Nāhanahanai Inuwai is the wind of Waipouli 2. Identification of Customary and Traditional Resources and Practices 10 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi He Hoʻoluaheʻenalu ka makani o Makaīwa He Pepeʻekiukena ka makani o Kapaʻa (Hoʻoulumāhiehie 2006) Hoʻoluaheʻenalu is the wind of Makaīwa Pepeʻekiukena is the wind of Kapaʻa (ASM in-house translation) On the morning of Pele’s departure, she promised to fetch him and bring him to Puna, where they would once again be united, at which time, Pele’s spirit leaped into the ocean and was united with her body that lay in Puna, Hawai‘i. When Pele’s spirit was finally reunited with her body, she called upon each of her sisters where she made a proposition, asking which one of them would fetch her dream lover Lohiʻau from Kauaʻi. Knowing Pele’s tempestuous temper, each feared possible repercussions and refused to go. After being denied by all but one sister, her youngest sister, Hiʻiakaikapoliopele appeared to her. Pele demanded that Hiʻiaka travel to Kauaʻi to fetch Lohiʻau and sent her on her way with strict instructions. Hiʻiaka was not to take him as her husband, she was not to touch him, and she was to take no longer than forty days on her journey. While Hiʻiaka agreed to her sister’s demands, she realized that in her absence, Pele would become incensed with a burning and vehement fury and destroy whatever she desired. So Hiʻiaka set forth two stipulations; her beloved ʻōhiʻa lehua grove was to be spared from destruction, and Pele was to protect her dear friend Hōpoe in her absence. Hi‘iaka immediately set out on her journey to fetch Lohi‘au, traveling to various parts of the islands where she encountered a variety of challenging situations that tested her skills and abilities as a rising goddess and found traveling companions that accompanied her on this journey. After some time, Hi‘iaka a rrived at Hā‘ena, Kaua‘i, and found herself at the home of the paralyzed fisherman, Malaeha‘ako‘a, and his haughty and inhospitable wife, Wailuanuihoano. Malaeha‘ako‘a was a man of chiefly rank and because of his condition, his wife would carry him to the shore where he could enjoy his favorite activity, fishing. After leaving him at the shore, Wailuanuiahoano returned home to her hale kūkū kapa (tapa beating house) to prepare kapa (traditional bark cloth). Upon reaching the home of Wailuanuihoani and Malaehaʻakoʻa, Hiʻiaka offered the following chant, requesting permission to enter: Kunihi ka mauna i ka la‘i, e, O Wai-aleale,la, i Wai-lua; Huki iluna ka popo ua o Ka-wai-kini; Alae ia a‘e la e Nounou, Nalo ka Ipu-ha‘a, Ka laula ma uka o Ka-pa‘a, e. I pa‘a i ka leo, he ole e hea mai. E hea mai ke leo, e! The mountain turns the cold shoulder, Facing away from Wai-lua, Albeir in time of fair weather. Wai-kini flaunts, toplofty, its rain-cap; And the view is cut off by Nounou, Thus Humility Hill is not seen, Nor Ka-pa‘a’s broad upland plain. You seal your lips and are voiceless; Best to open your mouth and speak. (Emerson 1915:109) When Hiʻiaka finished chanting, Wailuanuiahoano did not respond and continued to beat her kapa. Although Hi‘iaka did not receive the reply she had anticipated, she continued with her journey and ascended the pali (cliff) near Wailuanuiahoano and Malaehaʻakoʻa’s home. Atop the pali, Hiʻiaka saw Malaeha‘ako‘a at the shore and proceeded to make her way there. As she approached, Hiʻiaka heard him chanting, and thus, she replied to him with another chant. Immediately following this exchange, the sea calmed, and numerous fish began to bite his hook. When he looked up at Hi‘iaka, he immediately knew she was an akua (deity) that had come from across the archipelago. Malaeha‘ako‘a felt a thrill run through his body and soon found himself able to stand on his own feet. Without a word, he walked back to his home. To Wailuanuiahoano’s surprise, he began tearing down a portion of the fence that surrounded their home. Malaeha‘ako‘a knew that the woman he encountered was a divine being, so he hastily prepared a feast. When Hi‘iaka arrived once more at the home of the fisherman and his wife, she was greeted and entertained by Malaeha‘ako‘a, who performed a mele “that recited the deeds, the events, the mysteries that had marked Pele’s reign since the establishment of her dominion in Hawaii” (Emerson 1915:112). Following this initial mele, more mele were exchanged, offering Hi‘iaka insight into her sacred and powerful lineage. One of the mele that Malaeha‘ako‘a shared with Hi‘iaka described Pele’s travels throughout Hawai‘i, including the following stanza that described her time on Kaua‘i and where reference is made to Wailua: A Kaua‘i, i ke olewa iluna, A ka pua lanai kai o Wai-lua, Nana mai Pele ilaila: E waiho aku ana o Ahu. Aloha i ka wai li‘u o ka aina: E ala mai ana Mokihana, From the ether above Kaua‘i To the blossoms afloat at Wailua Ranges the flight of Pele’s gaze. She sees Oahu floating afar; Feels thirst for the wat’ry mirage; Inhales the scent of mokihana— 2. Identification of Customary and Traditional Resources and Practices Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 11 Wai auau o Hiiaka. Hoopa‘apa‘a Pele ilaila; Aohe kahu e ulu ai. Keehi aku Pele i ka ale kua loloa: He onohi no Pele, Ka oaka o ka Lani, la. Elieli, kau mai! (Emerson 1915:115-116) The bath-water of Hiiaka. She once had a contest there; She had no tenant to guard the place. Pele spurns with her feet the long waves; They give back a flash like her eye, A flash that’s repeated on high. Wonder and awe possess me! (Emerson 1915:126) A second chant was offered that described Wailua as the place where Pele’s lover Lohi‘au’s house stood. The first line of this mele is titled Ku i Wai-lua ka pou hale a ka ipo, and reads thusly: Ku i Wai-lua ka pou hale a ka ipo; Hoolono i ka uwalo, ka wawa nui O Ulupo ma oli nei; aohe uwalo mai, e Aloha ino o Ikuwa ma oli nei. Ke lele la ka eka mua, Ka ino a ka makani. Ukiuki, kolo e, Kau-lana, Ka ua lele aku a lele mai: Lele a Puhi-lala, lele a kau-lana— Ka hoaka, e Hiiaka, e! Nowai ke kanaenae? No ka ohana a Haumea ke kanaenae. Ku‘u a e Kane ke ko‘a: I ka ia nei manawa ia. No Pele, no Hiiaka no ka honua, Ka honua ne‘i, ka honua lewa, Ka lani iluna. O Ana-ku, ku ka aha iloko: O Haamo he ala i hei a‘e ia, He pahu i kula‘i na, he pa i a‘e ia; He kahua i hele ia, he luana mau‘u; He kaunana ko, okana piko; He hola moena, he lawe na ipukai; He ukuhi na wai, he kaumaha ai: He haina no ka hale, e. Noa, noa ia hale—ua a‘e a, Ua komohia no wai-honua. Ku ana o halau ololo, Ka hale o Pele i noho ai. Maka‘ika‘i mai Kini o ke Akua. Ho‘i aku e, ho‘i aku iwaho na! He kahuna pule ole, he li‘i pule ole! Mai komo wale mai i ka hale o Pele, O ko‘u Akua, la! Elieli, kau mai! (Emerson 1915:122) Her lover’s house-post stands in Wai-lua; There Pele hears a call that appeals; ‘Tis a song voiced by Ulu-po. She utters no word to answer This pleading babel of voices, Now comes the first thrill to virgin flesh; Impatient, the princeling crawls on his knees; There’s plenteous downfall of tears, as when Rain-columns fall, or men leap and dive, Head-first, feet-first, into the flood. These symbols will tell the tale, Hiiaka. For whom do I make this offering of song? For the ancient stock of Haumea. God Kane planted the coral reefs; A work that done in Pele’s time; For Pele, for Hiiaka the land— This solid ground that swings and floats Beneath the o’erhanging arch of heaven. (Emerson 1915:129-130) After the exultant feast and exchange of dances, Hi‘iaka knew it was time to carry forth with her journey and to fetch her sister’s lover, Lohi‘au. Hi‘iaka informed Malaeha‘ako‘a of the purpose of her journey, to which he informed the young girl that Lohi‘au had taken his own life after a passionate encounter and that he had been dead for many days. Hi‘iaka managed to find Lohi‘au’s lifeless body and knew that she had the power to restore him back to life, so she went in search of his wailua (spirit) that was reportedly wandering around Kaua‘i. Hi‘iaka found his wailua and desperately chanted incantations to restore him to life. After some time, Hi‘iaka’s prayers had brought life back to Lohi‘au, and the two charge back towards Puna on Hawaiʻi Island, where Pele impatiently awaited their return. As Hi‘iaka and Lohi‘au made their way back to Puna, she observed smoke trailing from her sacred lehua groves—the very groves that she has requested for her sister to protect. In an act of rebellion, Hi‘iaka embraced L ohi‘au at the rim 2. Identification of Customary and Traditional Resources and Practices 12 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi of Kīlauea and made love to her sister’s lover. Pele broke out in a great rage and killed Lohi‘au causing his wailua to flee back to Kaua‘i in search of someone who could help him. Lohi‘au’s spirit appeared one night before his dear friend Paoa. Upon seeing Lohi‘au’s spirit, Paoa offered the following chant, again making explicit reference to Wailua, Kaua‘i. Mau a‘alina oe mauka o Ka-la-ke-ahi Ma Puna ka huli mai ana; Ka ua a Makali‘i, Ke ua la i Laau, I Ka‘u, i Ka-hihi, i Ka-pe‘a, I ke wao a ke akua. Eia ho‘i au la, o ka Maka-o-ke-ahi; Aole ho‘i na la o ka Lawa-kua, Ke Koolau la, e, aloha! Aloha ku‘u hoa i ka ua anu lipoa, Hu‘ihu‘i, ko‘eko‘e, kaou: He ahi ke kapa o kaua e mehana ai, E lala au kaua i Oma‘o-lala; I pili wale, i ha‘alele la, e. Ha‘alele i Wailua na hoa aloha— O Puna, aina aloha, O Puna, i Kaua‘i. (Emerson 1915:217) Thou bundle of scars from a fiery day, ‘Twas at Puna our journey began, With a dash of rain in the summer; Rain again when we entered the woods, Rain, too, in Ka‘u, in the jungle, In the forest-haunts of the gods, Rain at each crossing of road and path:-- Here stand I, with fire in my eyes: Our days of communion are gone; You’ve bidden adieu to Ko‘olau; Hail now to my mate of the gloomy rain— When wet and cold and chilled to the bone, Our garmet of warmth the blazing hearth; Then basked we at Omo‘o-lala, Haunting the place, then tearing away. E’en so you tore away from your friends, Those friends of Wailua, of Puna— That dear land of Puna, Kaua‘i! By this time, Pele was furious. She shook the earth with great ferocity and heaved her lava in a torrent of devastation, annihilating Hiʻiaka’s ‘ōhiʻa lehua forest, obliterating all of Puna, and finally consuming her beloved friend Hōpoe as she lingered by the sea. Enraged by her sister’s spiteful acts, Hi‘iaka turned her wrath onto her beloved sister Pele. The two sisters went head-to-head in a brutal battle that could only be subdued by the elder gods. Fearing that the two sisters would destroy the entire island, the elder gods intervened and quieted the battle between the two powerful sisters. Winds Described in He Ka‘ao no Paka‘a Set mainly on Hawai‘i, Kaua‘i, and Moloka‘i, the story of Paka‘a was first published in 1861 by S. K. Kuapuu. In 1990, Esther T. Moʻokini and Sarah Nākoa translated a version of the moʻolelo penned by Moses Nakuina in 1902 and published it under the title The Wind Gourd of Laʻamaomao (Nakuina 1990). Nathaniel B. Emerson (1915) also published a version of this story as well. Paka‘a was a respected advisor of Keawenuia‘umi, chief of Hawai‘i Island. His primary role was to care for the king’s personal possessions and his double hauled canoe. Whatever Paka‘a advised, the king obeyed. Paka‘a’s brother, Lapakahoe also served as an advisor in the chief’s royal court. Pak a‘a kept a special gourd calabash called La‘amaomao, which he named after his mother, who , during her lifetime, developed a special relationship with the winds. Laʻamaomao contained the bones of Paka‘a’s mother; he would call upon her to summon the power of the winds when needed. One day, Ho‘okeleihilo and Ho‘okeleipuna joined Keawenuiaumi’s court. They told lies to Keawenuiaumi about Pakaʻa, which led to Pakaʻa’s mistreatment by the king. With the exception of caring for the king’s personal items, Pakaʻa’s advisory duties were stripped from him and given to the two men. After some time, Paka‘a left Keawenuia‘umi’s court and during his departure, took some of the king’s personal possessions, including his kapa (bark cloth) and malo (loincloth), and placed them in his sacred calabash. He eventually settled on the leeward side of Moloka‘i and took up a wife, who was a chiefess. She later gave birth to their son whom they named Kuaapaka‘a. Paka‘a taught his son all that he knew about caring for and advising the paramount chief, for he wanted Kuaapakaʻa to be prepared should the king desire to have him back in his court. Paka‘a prepared wisely, for a canoe arrived from Hilo carrying the message that Keawenuia‘umi was looking for his long-lost servant. Paka‘a, however, did not tell the messengers aboard the canoe that he was indeed Paka‘a. In a dream, Paka‘a and Keawenuia‘umi came to each other and Paka‘a told the chief of his whereabouts. With out hesitation, Keawenuia‘umi summoned his six district chiefs to seek out Paka‘a. Paka‘a and his son set out in their canoe pretending to be fishing for ‘uhu (parrotfish; Scarus perspicillatus), a fishing style that required one to continuously gaze down at the ocean as to avoid being seen by Keawenuia‘umi’s chiefs. The canoes of the district chiefs led the way with Keawenuia‘umi’s canoe following behind. As each of the canoe’s belonging to the district chiefs passed, Kuaapaka‘a at the advice of his fathe r chanted insultingly to each of 2. Identification of Customary and Traditional Resources and Practices Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 13 the district chiefs’ canoes, pointing out discrepancies in their lineage and the shortcomings of the lands they ruled. This greatly angered the district chiefs causing them to sail past the father and son duo. The king’s double hauled canoe finally made its way toward the small fishing canoe and onboard was Lapakahoe, brother of Paka‘a. Lapakahoe inquired with the young boy about his knowledge of these chiefs, pointing out that such knowledge was only held by a few people, one of which was Paka‘a and asked if he knew where the chief’s former servant was. The boy, however, continued with his taunts, this time calling forth all the winds of the various lands, including those of Kaua‘i’s Puna District. This chant could bring about a violent storm. The chant segment below is extracted from Kuapuu’s moʻolelo. Note that the Inuwai winds are named once more in Pakaʻa’s chant: He paupua ko Kipu, He alaoli ko Hulaia, He waikai ko Kalapaki, He ka-ao ko Hanamaulu, He waipua-a-ala ka makani kulai hale no Konolea, He waiopua ko Wailua, He waiolohia ko Nahanahanai, He inuwai ko Waipouli, He hoolua makani ko Makaiwa, He kehau ko Kapaa, He malamalamaiki ko Kealia, (Kuapuu 1861:4) Kīpū has the Paupua wind Hulāʻia has the Alaʻoli wind Kalapakī has the Waikai wind Hanamāʻulu has the Kaʻao wind Konolea has the Waipuaʻaʻala, the wind that knocks down houses, Wailua has the Waiʻōpua wind Nāhanahānai has the Waiolohia wind Waipouli has the Inuwai wind Makaiwa has the Hoʻolua wind Kapaʻa has the Kēhau wind Keālia has the Mālamalamaiki wind (ASM in-house translation) After calling forth all the winds of the islands, Kuaapaka‘a proceeded to call forth all the men aboard the king’s canoe by name. Angered by the boy’s remarks, the chief’s canoe drew away until nothing, but a mere speck of the canoe was in sight. At which time, at the orders of his father, Kuaapaka‘a uncovered the sacred wind gourd La‘amaomao, sending a fury of wind over the ocean that caused the ocean to churn and overwhelmed the chief’s canoe. After watching the chief’s canoe nearly swamped with water, the boy placed the cover back on the sacred gourd, causing the ocean to become calm once again. Although stripped of all their possessions, the chief and his men landed on Moloka‘i. Although Paka‘a remained out of sight of the chief, he gave specific orders to his son on how to best care for the chief for he knew of all the chief’s favorite things. He gave his son the chief’s malo and told the son to offer it to Keawenuia‘umi. Paka‘a then gave his son the chief’s kapa which was scented with fragrant plants of La‘a (‘Ōla‘a), Puna. As Kuaapaka‘a handed the kapa to the chief, he recognized the scent. Paka‘a’s intent was to gr ow the chief’s desires by giving him all of his favorite things that reminded him of how he once cared for the chief. This went on for some time as Kuaapaka‘a again uncovered La‘amaomao, causing a storm that kept the chief on the island which lasted for four months. After closing the gourd, the weather had calmed and Keawenuia‘umi strongly desired to have the young Kuaapaka‘a join his court. After negotiating with the king, the boy consented. The chief’s canoe was prepared and they set sail for Kaua‘i. While there, they encountered a storm incited by the wind gourd La‘amaomao. Nonetheless, Kuaapaka‘a had come prepared with food and other necessities. The young boy offered protection and food to everyone on the canoe except for the sailing masters, Ho‘okeleihilo and Ho‘okeleipuna, the very men that had replaced his father. Weak and battered from the storm, the two men eventually fell overboard at which time Kuaapaka‘a covered the gourd once more, sending calmness over the waters. Kuaapaka‘a ordered the canoe back to Hawai‘i Island and after several more cunning acts, Kuaapaka‘a reveal ed his true identity to Keawenuia‘umi and ordered the boy to bring his father Paka‘a to him. Paka‘a refused the king’s orders until full restoration was made to which the king agreed and upon Paka‘a’s return to Hawai‘i, the whole of Hawai‘i was given to hi m. Mōʻīkeha Mōʻīkeha was an infamous chief from Wailua and Hanamāʻulu. He was the grandson of Maweke, one of the first genealogical lines to arrive in Hawaiʻi dating back to the eleventh and twelfth centuries (Beckwith 1970). Mōʻīkeha was one of the three high ranking sons of Mulielealiʻi. The eldest son, Kumuhonua, was his father’s successor. Kamakau relates that Kumuhonua battled with his younger brothers, ‘Olopana and Mōʻīkeha, and took them to sea as captives (Kamakau 1991). Mōʻīkeha brought Laʻa with him, an aliʻi born at Kūkaniloko in Waialua, Oʻahu to Ahukai and Keaka-milo 2. Identification of Customary and Traditional Resources and Practices 14 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi In another moʻolelo, Mōʻīkeha sailed from Kahiki to Hawaiʻi because “he had opened a food-offering calabash (ipu ‘aumakua) of his older brother ‘Olopana”, and had been caught undoing the “chastity belt” of his sister-in-law Luʻukia and was severely criticized for these actions (Kamakau 1991:105). He took several followers with him and traveled throughout the islands to Kaʻū (Hawaiʻi Island), Lahaina (Maui), Haleolono (Molokaʻi), and Waiʻanae (Oʻahu). At each place, one of Mōʻīkeha’s companions left his entourage (Kamakau 1991:105-106). Kamakau continues to recount Mōʻīkeha’s voyage and his life in the Puna District of Kauaʻi: As Moʻikeha sailed on, the backs of Hāʻupu and Kalalea on Kauaʻi were seen, then Kalalea rising from the sea as though carried in the arms of Nounou, then the face of Puna and its harbor, Wailua. He landed in Puna at Wai-mahana-lua in Kapaʻa. He left the things he had used on the sands of Kapaʻa among the kalukalu sedges of Kēwā. The chiefs of Kauaʻi who lived at Kapaʻa while Moʻikeha was living there were Puna -nui-kai- anaina, Puna-kai-‘ōlohe, and Puna-‘ai-koaʻe. A beautiful daughter of the Puna chiefs, Hoʻoipo-i-ka- malanai—also called Hina-‘au-lua—lived at Waimahanalua because of the excellence of the surf of Makaiwa there. Moʻikeha took her to wife, and they were united in a lasting union (hoʻao paʻa). When their oldest son was born, Moʻikeha gave him the name Hoʻokamaliʻi, for the skin of ‘Olopana. Their second son he named Haulani-nui-ai-ākea for the eyes of ‘Olopana, and their third son he named Kila for Luʻukia, the wife of ‘Olopana. (Kamakau 1991:106) Political Instability Following Kaumualiʻi’s Death A chief of Waipouli named Kiaʻimakani is described in “Ka Moolelo o Na Kamehameha,” a serialized history of the Kamehameha dynasty written by Kamakau. In 1961, a translation of “Ka Moolelo o Na Kamehameha” was published by Kamehameha Schools as Ruling Chiefs of Hawaii, followed by the publication of a revised second edition in 1992. In Kamakau’s account, he recalls Kaumualiʻi’s death in 1825 and the political turmoil that resulted. Upon his death bed, Kaumualiʻi proclaimed that the rule over Kauaʻi and Niʻihau should be given to his nephew, Luanuʻu Kahalaiʻa. The council of chiefs worked to abide by Kaumualiʻi’s last words. Kahalaiʻa and several other chiefs, including Kalanimoku, sailed to Kauaʻi to let the people of that island know of their King’s death and his successor. However, after the announcement, a chief of Waipouli objected to the new leadership which led to a skirmish at at Ka Pā ʻUlaʻula o Hipo (also known as Russian Fort Elizabeth) in Waimea: At Waimea Ka-lani-moku examined the property at the fort. He then called a council of all the chiefs and announced to them the will of their dead ruler, that “those of the chiefs who hold land, they are well off; the commoner who holds property is fortunate; the chief or commoner who has no portion is unfortunate. The lands shall continue as they now stand. Our son, Kahala -iʻa, shall be ruler over you.” A blind chief of Waipouli in Puna, named Kiʻai -makani, said, “That is not right; the land should be put together and re-divided because we have a new ruler,” but Ka-lani-moku would not consent to this. On Friday most of the chiefs gathered at Nihoa, one of Ka -ʻahu-manu’s houses at Papaʻenaʻena, and urged the redistribution of the land, but Ka-lani-moku again refused. On Saturday night they seized their digging sticks and attacked the fort, which they found manned by the men of Hawaii with guns. Kahala-iʻa and his men were awakened by the ringing of the bell and the shouts of a woman warrior who cried, “Here come the Kauai warriors after the arms! here come the rebels! the men of Hawaii still hold the fort! it is not taken for Kauai!” Niʻau, who tried to push his way into the fort past Kahala-iʻa, was shot in the mouth and killed. Several others were killed, som e leaped down the cliff of Hipo and had their bones broken, others escaped by sea. The next day, Sunday, the dead bodies were turned over to the pigs. Ka-lani-moku sent the ship, Paʻalua, to Honolulu after reinforcements and Mr. Bingham and Mr. Whitney and their families took passage for fear of the war. It was on this trip that the captain threw Kane -maka-kini overboard to be drowned. (Kamakau 1992:267) EARLY EUROPEAN DESCRIPTIONS Historical descriptions of Waipouli are limited with the earliest derived from the journal of Captain George Vancouver, who arrived in 1793. Although Vancouver did not disembark at Wailua, he provided a brief description, writing: This portion of Attowai [Kaua‘i], the most fertile and pleasant district of th e island, is the principal residence of the king, or, in his absence, of the superior chief, who generally takes up his abode in an extensive village, about a league to the southward of the north -east point of the island. Here Enemo [Inamo‘o] the regent, with the young prince Tamooerrie [Kaumuali‘i], were now living;… (Vancouver 1967:221-222) 2. Identification of Customary and Traditional Resources and Practices Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 15 Following the death of Ka‘eokūlani in 1794 and the subsequent passing of his mother high chiefess Kamakahelei their son Kaumuali‘i assumed the sovereign reign over Kaua‘i and Ni‘ihau (Kamakau 1992). While Kaumuali‘i ruled over his island kingdom, Hawai‘i Island chief, Kamehameha had already embarked on a major quest to consolidate all of the islands under his rule—a destiny that was prophesized in his earlier years when he managed to overturn the famed Pōhaku Naha (Naha Stone) in Hilo (Desha 2000). Although this amazing feat occurred in Hilo, Desha points to Wailua as the stone’s place of origin when he noted: This stone, called Pōhaku Naha, had been brought from Kaua‘i, from a place close to that great heiau which was situated near the estuary of the Wailua River. This royal birthstone has been brought by a certain chief named Makali‘inuikuakawaiea, and it was the mark of the chiefly naha line. (Desha 2000:78) In 1840, the United States Exploring Expedition lead by Charles Wilkes, traversed the coastline from Wailua to the north by horseback.. Below is an excerpt from Wilkes travels: The country on the way is of the same character as that already seen. They passed the small villages of Kupau [Kapaʻa], Kealia [Keālia], Anehola [Anahola], Mowaa [Moloaʻa], and Kauharaki, situated at the mouths of the mountain streams, which were closed wi th similar sand-bars to those already described. These bars afforded places to cross at, though requiring great precaution when on horseback. The streams above the bars were in most cases, deep, wide, and navigable a few miles for canoes. Besides the sugarcane, taro, etc., some good fields of rice were seen. The country may be called open; it is covered with grass forming excellent pasture -grounds, and abounds in plover and turnstones, scattered in small flocks. (Wilkes 1856:69) Although Wilkes’ did not provide a map showing their route, Hawaiʻi Registered Map No. 432 dated 1833 and produced by Emerson shows a trail alignment passing to the north of the current project area (Figure 10). Figure 10. A portion of Hawaiʻi Registered Map No. 432 ca. 1833 by Emerson shows a trail alignment to the west of the project area. 2. Identification of Customary and Traditional Resources and Practices 16 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi MĀHELE ‘ĀINA OF 1848 By the mid-19th century, the Hawaiian Kingdom was an established center of commerce and trade in the Pacific, recognized internationally by the United States and other nations in the Pacific and Europe (Sai 2011). As Hawaiian political elite sought ways to modernize the burgeoning Kingdom, and as more Westerners settled in the Hawaiian Islands, major socioeconomic and political changes took place, including the formal adoption of a Hawaiian constitution by 1840, the change in governance from an absolute monarchy to a constitutional monarchy, and the shift towards a Euro-American model of private land ownership. This change in land governance was partially informed by ex-missionaries and Euro-American businessmen in the islands who were generally hesitant to enter business deals on leasehold lands that could be revoked from them at any time. Mōʻī (King) Kauikeaouli (Kamehameha III), through intense deliberations with his high-ranking chiefs and political advisors, separated and defined the ownership of all lands in the Kingdom (King n.d.). They decided that three classes of people each had one-third vested rights to the lands of Hawai‘i: the Mōʻī, the aliʻi and konohiki, and the native tenants known as hoaʻāina. In 1846, King Kauikeaouli formed the Board of Commissioners to Quiet Land Titles (more commonly known as the Land Commission) to adopt guiding principles and procedures for dividing the lands, grant land titles, and act as a court of record to investigate and ultimately award or reject all claims brought before them (Bailey in Commissioner of Public Lands 1929). All land claims, whether by chiefs for an entire ahupua‘a or ʻili kūpono (nearly independent ʻili land division within an ahupuaʻa, that paid tribute to the ruling chief and not to the chief of the ahupuaʻa), or by hoaʻāina for their house lots and gardens, had to be filed with the Land Commission within two years of the effective date of the Act (February 14, 1846) to be considered. This deadline was extended several times for chiefs and konohiki, but not for native tenants (Soehren 2008). The Mōʻī and some 245 aliʻi spent nearly two years trying unsuccessfully to divide all the lands of Hawai‘i amongst themselves before the matter was discussed in the Privy Council on December 18, 1847 (King n.d.; Kuykendall 1938). Once the Mōʻī and his aliʻi accepted the principles of the Privy Council, the Māhele ‘Āina (Land Division) was completed in just forty days (on March 7, 1848). The names of all of the ahupua‘a and ‘ili kūpono of the Hawaiian Islands, as well as the names of the chiefs who claimed them, were recorded in the Buke Māhele (Māhele Book) (Buke Māhele 1848; Soehren 2008). As this process unfolded, the Mōʻī, Kauikeaouli, received roughly one- third of the lands of Hawai‘i, realizing in the process the importance of setting aside public lands that could be sold to raise money for the government and also purchased for fee simple title by his subjects. Accordingly, the day after the division when the name of the last chief was recorded in the Buke Māhele, the Mōʻī commuted about two-thirds of the lands awarded to him to the government (King n.d.). Unlike Kauikeaouli, the chiefs and konohiki were required to present their claims to the Land Commission to receive their Lan d Commission Awards (LCAw.). The chiefs who participated in the Māhele were also required to provide to the government commutations of a portion of their lands in order to receive a Royal Patent giving them title to their remaining lands. The lands surrend ered to the government by the King and chiefs became known as “Government Land.” The lands personally retained by the King became known as “Crown Land.” Lastly, the lands received by the chiefs became known as “Konohiki Land” (Chinen 1958:vii; 1961:13). For all lands designations, whether to the Mōʻī, konohiki, or Government, the rights of the native tenants were expressly reserved (Garavoy 2005). To expedite the work of the Land Commission, all lands awarded during the Māhele were identified by name only, with the understanding that the ancient boundaries would prevail until the lands could be formally surveyed. On January 28, 1848, the aliʻi Charles Kanaʻina on behalf of his son, William Charles Lunalilo, who was only thirteen years of age, claimed Waipouli Ahupuaʻa as parcel 42 of LCAw. 8559 -B. Lunalilo’s claim to Waipouli was confirmed on September 24, 1879, when he received the Royal Patent Grant No. 7373 from the then ruling monarch, King Kalākaua. Despite having to relinquish some 73 percent of his land in li eu of commutation, he was the third- largest aliʻi land holder during this time (Kame‘eleihiwa 1992). Kuleana Awards and Government Land Grants As the Mōʻī and his aliʻi and konohiki made claims to large tracts of land via the Māhele, questions arose regarding the protection of rights for the native tenants. To resolve this matter, on August 6, 1850, the Kuleana Act (also known as the Enabling Act) was passed, clarifying the process by which native tenants could claim fee simple title to any portion of lands that they physically occupied, actively cultivated, or had improved (Garavoy 2005). The Kuleana Act also clarified access to kuleana parcels, which were typically landlocked, and addressed gathering rights within an ahupuaʻa. Lands awarded through the Kuleana Act were and still are, referred to as kuleana awards or kuleana lands. The Land Commission oversaw the program and administered the kuleana as Land Commission Awards (LCAw.) (Chinen 1958). Native tenants wishing to make a claim to their lands were required to register in writing those lands 2. Identification of Customary and Traditional Resources and Practices Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 17 with the Land Commission, who assigned a number to each claim, and that number (the Native Register) was used to track the claimant through the entire land claims process. The native tenants registering their kuleana were then required to have at least two individuals (typically neighbors) provide testimony to confirm their claim to the land. Those testimonies given in Hawaiian became known as the Native Testimony, and those given in English became known as the Foreign Testimony. Upon provision of the required infor mation, the Land Commission rendered a decision, and if successful, the tenant was issued the LCAw. Finally, to relinquished any government interest in the property, the holder of a LCAw. obtained a Royal Patent Grant from the Minister of the Interior upon payment of the commutation fee. Within Waipouli, ten kuleana comprised of approximately seventeen acres were awarded. Table 1 below lists (by claimant name) all awarded claims along with other pertinent information. The data included in Table 1 was extracted from the Indicies of Awards (Commissioner of Public Lands 1929) and the Office of Hawaiian Affairs Kīpuka Database. Hawaiʻi Registered Map No. 2452 (Figure 11) from 1907 shows the distribution of the kuleana awards within Waipouli. All of kuleana awards were located between the coast and about half a mile inland and centered around Kealia swamp. None of the awarded kuleana parcels are within the project area. Based on a review of the Native Testimony and Native Register, documents it can be deduced that the larger parcels located mauka of Kūhio Highway were typically for kula lands, defined by Lucas (1995) as dry open plains and that may or may not be cultivated. At least one claimant (Kaalihikaua LCAw. 8836) did note plantings of waukē (paper mulberry) on their kula lands and a pā puaʻa (pig pen), while others noted its use as a house lot. Nearly all of the awardees made claims for kalo (taro) lands and one fishpond named Kapakio was noted by Kawaimakanui (LCAw. 9013). Table 1. Kuleana awards in Waipouli Ahupuaʻa. Awarded. LCAw. No. Royal Patent No. Year Awarded Approx. Acres No. of Parcels Awarded ʻIli Name Kaalihikaua 8836 n/a n/a 1.17 1 Kahaloke Kahakuma 8838 7109 1878 1.73 1 Pini Kamaholelani 3622 n/a n/a 2.53 2 Kukaeuli & Makamakaole Kanaka 7636 7636 1882 0.92 2 Mokuapi Kapalahua 3639 4835 1860 0.75 1 Keku Kauakahi 3560 4855 1861 3.67 2 Puaa & Puuiki Kawaimakanui 9013 n/a n/a 1.49 2 Mokunahele & Uhelekawawa Kuaiwa 8839 n/a n/a 2.08 2 Hape & Mokunahale Mahi 10146 6951 1877 1.35 2 Paa & Paikahawai Umiumi 3624 4854 1861 1.49 2 Makamakaole & Pohaku It is unclear as to how long the aliʻi Lunalilo held on to his Waipouli lands because by the turn of the 20th century, large swaths of the mauka Waipouli lands were subdivided as part of the 2nd series of the Kapaʻa Homesteads. This homestead series included lands in both Waipouli and the neighboring South Olohena. While historical records do not clearly account for the change in ownership, based on the establishment of the homesteads and issuance of grants, it may well be that by the turn of the 20th century Lunalilo had lost control of these lands and the land was subsequently incorporated into the inventory of Government land. In conjunction with the Kuleana Act, the King authorized the issuance of Land Grants to applicants for tracts of Government land that were allocated during the Māhele ʻĀina. These Land Grants were generally larger than those awarded by the Land Commission. The Act resolved that portions of Government Lands should be set aside and sold as grants ranging in size from one to fifty acre s at a cost of fifty cents per acre. The stated goal of the program was to enable native tenants, many of whom were insufficiently awarded or not awarded land through the Kuleana Act to purchase lands of their own. Despite the stated goal of the land grant program, this provided the mechanism that allowed many foreigners to acquire large tracts of Government lands. A review of land grants in Waipouli reveals that approximately thirty -seven land grants parcels (Table 3) were sold to twenty-one individuals. All land grants awarded in Waipouli were located roughly 2.5 miles from the coast, well beyond the constraints of the project area. 2. Identification of Customary and Traditional Resources and Practices 18 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi Figure 11. Distribution of Kuleana (LCAw.) parcels shown on a portion of Hawaiʻi Registered Map No. 2452 from 1907. 2. Identification of Customary and Traditional Resources and Practices Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 19 Table 2. Waipouli land grants. Awardee Grant No. Year Sold Number of Lots Purchased Total Acres Amalu, Charles K. 7368 1919 1 24.64 Booge, Alice J. 6870 1917 2 46.30 Booge, A. 7487 1920 1 0.63 Booge, Annie May 6909 1917 3 119.13 Cummings, Jonah B. 7848 1921 1 27.94 Cummings, Martha K. 8979 1926 1 31.75 French, Clarence E. 6855 1917 2 70.53 Hepa, Willie 7614 1920 1 24.17 Johonnot, L.C. 7147 1918 2 69.36 Kaiu, Wahine 9165 1926 3 69.95 Kondo, Tadaichi 7719 1921 2 72.17 Miyoshi, Kurakichi 7633 1920 1 38.81 Nagahisa, Sadatomo 7645 1920 2 54.54 Reichelt, Agusta 7958 1921 3 70.85 Reis, Frank C. 7718 1921 1 30.27 Silva, Joseph E. 6965 1917 3 70.06 Soto, Jose C. 7360 1919 1 22.09 Souza, John B. 7286 1919 1 35.35 Souza, Vincent 7717 1921 2 70.13 Tracy, Frederick R. 6944 1917 2 68.35 Ventura, Jule 8540 1924 1 21.76 Wilson, David G. 7624 1920 2 55.39 Commission of Boundaries (1862-1876) In 1862, the Commission of Boundaries (Boundary Commission) was established in the Kingdom of Hawai‘i to legally set the boundaries of all the ahupua‘a that had been awarded as a part of the Māhele. Subsequently, in 1874, the Boundary Commission was authorized to certify the boundaries for lands brought before them. The primary informants for the boundary descriptions were old native residents who learned of the boundarie s from their parents, neighbors. or other relatives. The boundary information was collected primarily between 1873 and 1885 and was usually given in Hawaiian and simultaneously transcribed into English. Although hearings for most ahupua‘a boundaries were brought before the Boundary Commission and later surveyed by Government employed surveyo rs, in some instances, the boundaries were established through a combination of other methods. In some cases, ahupua‘a boundaries were established by conducting surveys on adjacent ahupua‘a. Or in cases where the entire ahupua‘a was divided and awarded as LCAw. and or Government-issued Land Grants (both of which required formal surveys), the Boundary Commission relied on those surveys to establish the boundaries for that ahupua‘a. Although these small-scale surveys aided in establishing the boundaries, they lack the detailed knowledge of the land that is found in the Boundary Commission hearings. On August 28, 1872, Charles R. Bishop and Charles Kanaʻina, guardians of William Charles Lunalilo filed a petition with the Commissioner of Boundaries to define and settle boundaries of Waipouli Ahupuaʻa. Testimony was heard from four kamaʻāina, Pahuwai, Hoolepu, Kahu, and Huluili. Various places along the boundary of the ahupuaʻa accompanied by brief descriptions were noted in the testimony. Because the project area is not located along the ahupuaʻa boundary, no specific information was discussed. However, general land use patterns were discussed which included a canoe landing known as Kaunanawaʻa (located at the southeast boundary of Waipouli. In addition to taro lands and open plains (kula), the testimony also indicates that this ahupuaʻa had fishing rights that extended out to the reef as several boundary points in the sea were noted including Kumunui described as a hole in the reef and Pohakuao noted as a point at the edge of the reef. WAIPOULI AND THE GREATER PUNA DISTRICT AFTER THE MĀHELE As foreigners increasingly settled on Kauaʻi and in the wake of the formalized private property right, they pursued a variety of diversified agricultural endeavors. For example, Elard Hoffschlaeger and Florens Stapenhorst consolidated 2. Identification of Customary and Traditional Resources and Practices 20 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi their business holdings in 1856 to form Ed. Hoffschlaeger & Stapenhorst (by 1866, Stapenhorst’s name was removed, and the company referred to as Ed. Hoffschlaeger & Co.). Ed. Hoffschlaeger & Stapenhorst established a ranch that supplied provisions for whaling ships that arrived in Hawaiian waters during the winter months. While the company’s primary business was cattle ranching, they also made butter, barreled salted beef, and raised fresh produce. Prior to the establishment of Ed. Hoffschlaeger & Stapenhorst, Duncan McBryan arrived in Wailua in 1854 to manage this enterprise. McBryde was later replaced by Paul Isenberg who was hired in 1860 as the manager of Wailua Ranch. A year later Isenberg left Wailua Ranch for an employment opportunity with Lihue Plantation —a sugar plantation company that started in 1849 as a partnership between Charles Reed Bishop (the husband of Hawaiian royalty, Princess Bernice Pauahi Bishop), Judge William L. Lee, and Henry A. Pierce (Flores 1995). Native Hawaiians also attempted to collectively pursue agricultural ventures in Wailua through the creation of an agricultural cooperative known as Hui Mahikū (literally translated as “Land Clearing Group”). The Hui was formed in 1855 when they leased former konohiki lands within Wailua Kai in the amount of $300 per year (Flores 1995). As their chosen group name indicates, Hui Mahikū brought together farmers to clear loʻi (irrigated terraces) overgrown with neki (Great bulrush; Scirpus validus) to make them productive once more. This collective effort was a benefit to Hui members because it meant that the clearing and planting of loʻi could be done in less time than if the farmers worked individually (Holi 1856). Hui Mahikū’s lease to these lands was later acquired by Ernest Lindemann who arrived in Wailua from Germany in 1864 to manage Wailua Ranch. Lindemann devoted the Wailua Kai lands for sheep ranching and later added cattle and horses. Lindemann also attempted to grow cotton on ten acres of land in the ‘ili of Konolea, which was originally leased to Thomas Brown in 1850. In the Kapaʻa and Keālia region, the first large-scale agricultural enterprise began in 1877 by the Makee Sugar Plantation and the Hui Kawaihau. Originally a choral society in Honolulu, the Hui Kawaihau membership was comprised of prominent Hawaiian and foreign names. Kalākaua felt that the Hui could join fo rces with Captain Makee, who had previous experience in the sugar business on Maui, to establish a successful sugar corporation for east Kauaʻi. Makee was given land in Kapaʻa for the construction of a mill (Figure 12). He also agreed to grind cane for Hui Kawaihau members. The Hui attempted to grow sugarcane at Kapahi—the plateau above Kapaʻa but a fire destroyed almost half of the Hui’s second crop of sugar and Captain Makee’s untimely death led to the Hui dispersing. The leasehold rights were passed on to Colonel Z. S. Spalding, Makee’s son-in-law and the new Makee Plantation owner (Dole 1916). The new plantation included a sugar mill and the Makee Landing at Kapaʻa. In 1885, the plantation moved to neighboring Keālia (Cook 1999). Condé and Best (1973) state that railroad construction for Makee Plantation began sometime in the mid -1890s. A reference to Queen Liliʻuokalani’s visit to Kauaʻi in the summer of 1891 suggests the train was completed, in use, and utilized by a royal band (Joesting 1984). In the late 1800s, Makee Plantation was thriving with more than 1,000 workers mostly of Portuguese and Japanese descent (Cook 1999). In 1883, a lease was signed between Makee Sugar Company and the Board of Education, as Portuguese immigrant contracts had a stipulation for children to be instructed in public school (Figure 13). The original school site was constructed in 1883 on a rocky point adjacent to the railroad known as Kaahiahi. In 1908, Kapaʻa School moved to its present site at Mailihune Hill. Additionally, south of the project area was the Waipouli Polo Field and Race Track (Figure 14) that dates back to the 1880s when Colonel Spalding took over Makee Plantation (Soboleski 2015). The location of the race track with respect to the pro ject area is shown on Hawaiʻi Registered Map No. 2375 by John M. Donn from 1903 (see Figure 9). Spalding constructed the track, then his son James built the polo field within the racetrack around 1915. The fields were in use until sometime in the mid-1920s and often provided spectators with free transportation via Ahukini Terminal & Railway Company. One sporting highlight that occurred at the field and track was a polo match on January 1, 1917 (Soboleski 2015). With more than 1,000 in the audience, a Kauaʻi team comprised of Charles Rice, Phillip Rice, James Spalding, and John Malina defeated an Oʻahu team consisting of Harold Castle, Arthur Rice, Charles Lyman, and Charles Lucas. In addition to polo and horse races, men’s basketball, and rodeo events were also held at Waipouli. 2. Identification of Customary and Traditional Resources and Practices Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 21 Figure 12. Photo of Makee Plantation (center) with Nounou (also known as “Sleeping Giant”; left) and Waiʻaleʻale (right) (Kauaʻi Museum). Figure 13. Kapaʻa School ca.1933 (Library of Congress). 2. Identification of Customary and Traditional Resources and Practices 22 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi Figure 14. Waipouli Polo Field, ca. 1924 (Hawaiʻi State Archives). In the late 1800s, Chinese rice farmers began to cultivate lower Kapaʻa and were successful with their crops. This led to kuleana owners leasing or selling their parcels to Chinese rice farmers. Eventually, these farmers appealed to the government for swamplands. By the early 1900s, government lands in Kapaʻa town were auctioned to help accommodate the burgeoning plantation population (Bushnell et al. 2004). Many of the lots were purchased by Portuguese and Japanese laborers working for the Makee Plantation. In 1908, the territorial government offered to exchange lands in the Puna District with the Makee Sugar Company (MSC). Discussions around this exchange were published in newspapers at the time as the territorial government determined how best to proceed. Once the lands were appraised, a letter dated April 18, 1908 , was prepared by James W. Pratt, Commissioner of Public Lands of the Territory of Hawaiʻi, and sent to G. H. Fairchild, the Mana ger of MSC. Pratt stated that the government would convey to MSC their lands in Anahola, Kamalomalo, as well as some land in Kapaa. The government also reserved their rights and ownership of pre -existing roads, church, school, and cemetery lots in the area, the right to construct and maintain a railroad across Anahola and Kamalomalo…anywhere between the shore and one hundred (100) feet above the present railroad track .” Lastly, the government granted MSC water rights and the use of the wharf in Anahola (Pratt 1908:1). In exchange, the government proposed to MSC to do the following: …convey to the government the lands of Waipouli, North Olohena and the part of Kealia above the forest line (reserving right to develop and take water etc.); surrender the lease of South Olehena [sic.]; fence…along the forest line across Anahola, Kamalomalo, Kealia, Kaapa [sic.], Waipouli and North and South Olehena [sic.]; raise the dam of northerly Kapaa reservoir about ten (10) feet or so as to increase the reservoir’s capacity…; pay the cost of said appraisement; and convey to the Government other lands acceptable to it of the value of $12,876.42. (Pratt 1908:1) Finally, Pratt outlined that if the exchange proceeded then the government would lease to MSC for approximately nine years their cane lands in Kapaʻa, Waipouli, and South Olohena. The “Kapaa land question,” as it was referred to at the time, was settled in 1910. The terms of the settlement were similar to what was drawn up in 1908 but included the conveyance of MSC’s lands in Mānoa Valley to the government to build the College of Hawaii, the predecessor to the University of Hawaiʻi at Mānoa (Star 1910:8). 2. Identification of Customary and Traditional Resources and Practices Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 23 The next commercial enterprise was the pineapple industry. As homesteaders moved into the newly established Kapaʻa tract lots, pineapple became one of their major products. In 1912, Governor Walter F. Frear and territorial Land Commissioner Charles S. Judd discussed surveying and opening lands in Waipouli for further homesteading to grow pineapples, as well as plans for opening a cannery on Kauaʻi (Advertiser 1912:2). “Eighty lots, averaging twenty acres each in area,” were surveyed by government surveyors in the same year (Bridgewater 1912:1). In 1913, Hawaiian Canneries (later renamed Kapaʻa Cannery) opened in Kapaʻa where the Pono Kai Resort stands today north of the project area (Cook 1999:56). Kapaʻa Cannery employed many area residents and by 1960, the company had 250 full- time employees along with 1,000 seasonal workers and 3,400-acres of pineapple (Bushnell et al. 2004:21). Two years later, the business failed as it was unable to keep up with pineapple plantations in foreign countries. In 1920, the Ahukini Terminal & Railway Company was forme d to connect Anahola, Keālia, and Kapaʻa to Ahukini Landing at Hanamāʻulu to “provide relatively cheap freight rates for the carriage of plantation sugar to a terminal outlet (Condé and Best 1973:185). The company was responsible for extending the railroad for Makee Plantation from Makee Landing to Ahukini Landing. The rail line traversed much of the Puna coastline and was in use from 1921 until Lihue Plantation Company took over in 1934. The rail line continued to be in use until the late 1950s when the company converted from railroad transport to tr ucking making it the last plantation in Hawaiʻi to phase railroads out (Condé and Best 1973:167). Resort development in Waipouli was promoted with great interest immediately following Hawaiʻi’s statehood in 1959. According to McGerty and Spear (2005), sometime during the first half of the 20th century, Mr. Broadbent, who was associated with the Makee Plantation, planted a coconut grove to produce copra and animal feed in coastal Waipouli. In Waipouli and neighboring Kapaʻa Town, the push for developing hotels and other sites of leisure was regarded by some residence as an opportunity for employment since the Hawa iian Canneries Company was closing (Kadota 1960). One of the first hotel ventures in Waipouli was the development and construction of Ebbtide Hotels’ Blue Water Lodge, a three-story, 30 unit structure built on 50,000 square feet of land (Star-Bulletin 1965). The Castaways Resorts Inc., managed by John Rohrback, began construction of a hotel at Waipouli Beach in 1965 and resulted in a 72-unit property that was ready to receive guests by 1967 (Advertiser 1967). By 1978, the development of the “Coconut Plantation complex” by Blackfield-Hawaii, south of the current project area, was well underway. Four hotels were already built by Blackfield-Hawaii and plans were drawn up to build a fifth hotel, leading one news reporter to comment that “the Wailua-to-Kapaa district of East Kauai [is] the fastest developing area on the Garden Island” (Stoffel 1978:C-13). According to the County of Kauaʻi tax map records, between 1958-1964, a roughly 2,040 square foot home was constructed on the western portion of the project area on TMK: (4) 3-009-071. The home included four bedrooms and 2.5 baths. Of the two TMK parcels that make up the current project area, development has been limited to parcel 071. Additional knowledge of historic resources in this region began to develop following the passage of the federal and state legislation (i.e. National Historic Preservation Act of 1966 and the Hawaiʻi Revised Statutes Chapter §6E). As such, this legislation led to a series of state-mandated archaeological studies that has helped to improve our understanding of Precontact and Historic Period land-use patterns in Waipouli. PREVIOUS ARCHAEOLOGICAL STUDIES To gain an understanding of the type of cultural resources and historic properties that may be present within the project area, this section typically begins with a summary of archaeological studies conducted within the subject parcel. However, because no previous archaeological studies have been conducted on the subject parcel thus, this section includes a summary of studies conducted in the vicinity of the project area. Collectively, these studies provide a general understanding of the cultural resources and historic properties that may be present within the project area. Table 3 below includes a chronological listing of such studies and the location of these studies with respect to the project area is shown in Figure 16. In 1988, Rosendahl and Kai (1988) conducted an Archaeological Inventory Survey (AIS) on TMK parcels (4) 4- 3-007:027 and (4) 4-3-002:016, located south of the project area (only parcel 027 is shown in Figure 16). Rosendahl and Kai (1988) identified two extensive subsurface cultural deposits. SIHP Site 50-30-08-1801 was documented within parcel 027 and SIHP Site 50-30-08-1800 was documented with parcel 016. Site 1800 consists of two subsurface cultural deposit layers. The uppermost cultural deposit layer contained variable amounts of shell midden, fishbone, charcoal fragments, ash, fire-cracked rock, and several pit features. The lower cultural deposit layer contained small amounts of shell midden, charcoal flecks, fire-cracked rocks, several pit features, and artifacts. Additionally, a minimum of eight Precontact Period human burials were identified at Site 1800 . Site 1801 contained one subsurface 2. Identification of Customary and Traditional Resources and Practices 24 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi cultural deposit layer in which shell midden, fish and mammal bone, charcoal fragments, fire -cracked rocks, and pit features were identified. Also, five Precontact Period human burials were identified at Site 1801. Table 3. Previous archaeological studies conducted near the project area Year Author(s) Type of Study 1988 Rosendahl and Kai Archaeological Inventory Survey 1991 Folk et al. Archaeological Inventory Survey and Subsurface Testing 1991 Hammatt Subsurface Testing 1991 Townjes et al. Data Recovery 1991 Shun Subsurface Testing 1994 Hammatt et al. Archaeological Inventory Survey 1995 Creed et al. Monitoring Report 2000 Bushnell and Hammatt Monitoring Report 2000 Hammatt et al. Data Recovery 2000 Ida et al. Burial Disinterment and Reinterment 2001 Persinski and Hammatt Archaeological Monitoring 2003 Dega and Powell Archaeological Monitoring and Burial Report 2004 Hammatt and Shideler Archaeological Assessment 2005 Dega and Powell Burial Site Component of a Data Recovery Plan 2006 Dega and Dagher Archaeological Inventory Survey 2006 Morawski and Dega Monitoring Report 2006 Wilson and Dega Data Recovery 2007 Tome et al. Archaeological Inventory Survey 2009 McCurdy et al. Monitoring Report 2012 Burke and Hammatt Archaeological Inventory Survey 2012 Potter and Dega Archaeological Inventory Survey 2014 Lyman and Dega Monitoring Report 2018 Monahan and Condit Archaeological Inventory Survey 2020a Monahan Burial Site Component of a Preservation Plan 2020b Monahan Burial Site Component of a Data Recovery Plan In 1991, during archaeological data recovery efforts at Site 1801 (see Figure 16), Toenjes et al. (1991) identified another subsurface cultural layer below the one identified by Rosendahl and Kai (1988). This layer contained hematite flakes and lithic debitage believed to be associated with fishing tool manufacturing; as well as numerous sh ell, bone, coral, and sea urchin artifacts. In 2006, Wilson and Dega (2006) conducted data recovery efforts at Site 1801 (see Figure 16) to disinter two of the five burials originally recorded by Rosendahl and Kai (1988). Wilson and Dega (2006) also attempted to systematically define the boundaries of Site 1801 and to gather additional information through the excavation work. Although the two previously identified burials could not be located, the excavation work resulted in the recovery of an abundance of marine shell, bone, traditional and historic artifacts. South of the current project area between Kūhio Highway and Aleka Loop (the current Longs Drugs/CVS Pharmacy property), Shun (1991) conducted subsurface testing (see Figure 16). Twelve backhoe trenches were excavated and none of the test trenches contained any cultural material. In 1991, Cultural Surveys Hawaiʻi (CSH) conducted an archaeological inventory survey with subsurface testing (Folk et al. 1991) for a study of a Niu Pia property located south of the project area (see Figure 16). A cultural layer was found adjacent to and north of Uhalekawaʻa Stream (also known as Waipōuli Stream). The site extended from the shoreline to the mauka side of Kūhiō Highway and was given SHPD Site 50-30-08-1836 (Figure 16). Additional studies conducted on this property included data recovery (Hammatt et al. 2000), burial disinterment (Ida et al. 2000), and archaeological monitoring (McCurdy et al. 2009). The same year, CSH conducted subsurface testing for the Kapaʻa Sewer Project which extended along Kūhiō Highway from the Wailua River through Kapaʻa Town (Hammatt 1991). The purpose of the testing was to determine if any archaeologically sensitive areas were present, to assess potential impacts, and to recommend mitigative measures. Thirteen backhoe trenches and fifteen hand-dug trenches were excavated along Kūhiō Highway. Three sites were identified: SHPD Site 50-30-08-1836, Site 1848, and Site 1849 (Hammatt 1991:50-52). Site 1836 (see Figure 16) was a cultural layer located in Waipouli Ahupuaʻa on the north side of Uhelekawaʻa Stream. Site 1848 (see Figure 16) was another A-horizon cultural layer extending along Kūhiō Highway including the western portion of the current 2. Identification of Customary and Traditional Resources and Practices Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 25 project area, which contained pre-Contact and historic deposits. Site 1849 consisted of a continuation of cultural material. Charcoal samples were collected from Site 1836 and 1849 with age ranges from A.D. 1435 to 1920. The report found the area along Kūhiō Highway from south of Kapaʻa Town to the commercial area of Kapaʻa Town extending makai to Inia Street. All three sites were deemed as subsurface habitation layers. No burials were located in the test trenches, but it was determined that there would be a high probability during sewer construction and on -call archaeological monitoring was recommended (Hammatt 1991:i). From 1992 to 1995, CSH provided archaeological monitoring for the Kapaʻa Sewer Project (Creed et al. 1995). Between April 1992 and December 1993, thirty burials were inadvertently found during subsurface trenching, which were documented in place then disinterred. Osteological analysis revealed that all human remains were of Hawaiian or Polynesian descent. Most of the burials were found along Inia (13 individuals) and Ulu (11 individuals) Streets, however, other burials were found at Kukui (1 individual) and Ohia (1 individual) Streets as well as along Kūhiō Highway between Wana Road and Kaloloku Road in Waipouli (4 individuals). The Inia Street burials were given SHPD Site 50-30-08-871; the Ulu Street burials were Site 1894; and the Kūhiō Highway burials were classified as Site 872 (see Figure 16). The Kukui Street burial was given Site 867 and the Lehua Street was Site 868. All burials were found with moepū or funerary goods and were reinterred at the Kapaʻa County Cemetery. Five radiocarbon dates were obtained at Site 1849 and another sample was taken from a burial pit on Ulu Street, which yielded dates ranging from A.D. 1445 to present (Creed et al. 1995:i). An archaeological inventory survey (Hammatt et al. 1994) was conducted on a 1.87-acre property northwest of the project area (see Figure 16) where five backhoe trenches were excavated. Although the northern portion of that particular project area was disturbed, an A-horizon correlating to late Hawaiian prehistoric occupation was observed in two of the backhoe trenches. No prehistoric cultural materials were found with the exception of a charcoal sample taken from a pit feature in Trench 1 that was tested and yielded a radiocarbon date ranging from A.D. 1464 -1703 (Hammatt et al. 1994:26). Due to minimal findings, archaeological monitoring was not recommended. During improvements at the Kapaʻa Seventh-Day Adventist Church located to the northwest of the project area (see Figure 16), Bushnell and Hammatt (2000) conducted archaeological monitoring as it was determined that most of the project area lies within the previously identified Site 1848. No human remains or subsurface cultural deposits were encountered during construction activities and Bushnell and Hammatt (2000) determined that Site 1848 did not extend into their project area. CSH conducted archaeological monitoring (see Figure 16) along Kūhiō Highway and on the margins of Waikaea Canal (Perzinski and Hammatt 2001). During monitoring, no significant archaeological material was identified. In 2003, Dega and Powell (2003) conducted archaeological monitoring for a residential lot (TMK: (4) 4 -5- 002:004 located to the northeast of the project area (see Figure 16). One site, Site 881 comprised of four features and three human burials were identified. Features that were identified included a buried cultural stratum, fire pit/hearth, an anomalous pot, and post molds. The three burials were disinterred and reinterred elsewhere on the property. In 2004, CSH conducted an Archaeological Assessment (Hammatt and Shideler 2004) for the Lydgate to Kapaʻa bike and pedestrian path (see Figure 16). Hammatt and Shideler (2004) noted four previously documented sites within Waipouli: Site 1801, a subsurface cultural deposit with five human burials; Site 1836, a subsurface cultural layer and fifteen burials; Site 1848 (see Figure 16), a subsurface cultural layer; and Site 872 (see Figure 16), four burials. Sites 1801 and 1836 are southeast of the current project area. However, a portion of Sites 1848 extends along the western boundary of the current project area and Site 872 is immediately west of the project area along Kūhiō Highway (see Figure 16). Eight years later, an AIS (Burke and Hammatt 2012) was conducted for Phases C and D of the Lydgate Park-Kapaʻa Bike and Pedestrian path located south of the project area (see Figure 16). Burke and Hammatt (2012) noted four previously identified sites (SIHP Site 50-30-08-791, 1800, and 1801) and two new burials (located south of the project area) were documented. Dega and Powell (2005) prepared a Burial Site Component of a Data Recovery Plan for an inadvertently discovered human burial (Site 3927) that was encountered on a residential lot on Kealoha Road (TMK: (4) 4-5- 002:016) located to the northeast of the project area (see Figure 16). The burial was disinterred and reinterred elsewhere on the property. Scientific Consultant Services, Inc. (SCS) (Dega and Dagher 2006) conducted an archaeological inventory survey on a 0.44-acre coastal parcel in Waipouli and North Olohena Ahupuaʻa (see Figure 16). Ten backhoe trenches were excavated and two sites were identified: SIHP Site 50-30-08-3938, a cultural layer, and Site 3939 (see Figure 16), two pre-Contact/early Historic Native Hawaiian burials. Site 3939 consisted of a pit feature with charcoal and fire-cracked rocks. Samples were taken and radiocarbon dating resulted in a date of A.D. 1690 to 1775, which was later documented in the subsequent monitoring report (Morawski and Dega 2006). 2. Identification of Customary and Traditional Resources and Practices 26 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi Figure 15. Prior archaeological studies conducted in the vicinity of the project area . 2. Identification of Customary and Traditional Resources and Practices Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 27 Figure 16. Historic properties identified within and in the vicinity of the project area . In 2007, directly makai of the project area on the east side of Niulani Road (see Figure 16), an AIS was conducted by Tome et al. (2007). Eight trenches were excavated on the 0.3295-acre property that resulted in two newly identified sites, Site 5003 and Site 5004 (see Figure 16). Site 5003 was a pre-Contact cultural layer with two associated subsurface features that included a pit and hearth. This site was found throughout five of the eight stratigraphic trenches (ST-1 thru ST-4, and ST-6) (Tome et al. 2007). Site 5004 consisted of an uncovered human cranium and femur that were not associated with the cultural layer in ST-8 (Tome et al. 2007:24). The only surface structure found above the surface was a residential concrete foundation that was affected by Hurricane Iniki , however, the date of the concrete foundation could not be determined (Tome et al. 2007). Other surface structures that were present included cesspool PVC pipes, a water spigot, and T-bars. Large basalt boulders found at the eastern perimeter of the parcel were used for the purpose of erosion prevention from the ocean. No further work was recommended for Site 5003, but a Burial Treatment Plan was to be prepared for Site 5004. SCS conducted an archaeological inventory survey in 2011 (Potter and Dega 2012) for Section I of the Waipouli Waterline Replacement Project, which spanned from Waipouli to Kapaʻa and located northeast of the current project area (see Figure 16). Twenty-seven stratigraphic trenches were mechanically excavated. Three newly identified archaeological sites (SHPD Site 50-30-08-2152 through 2154) that included eight subsurface features. Charcoal samples were collected and returned a calibrated dates ranging from the 1400s through the late 1800s. Site 2152 consisted of four subsurface features inclu ding two postmold features, a possible postmold feature, and an associated cultural layer. A wood charcoal sample collected from the base of the site yielded a date of A.D. 1440 to A.D. 1480. Site 2153 consisted of three subsurface features interpreted as two fire pits and a cultural layer. A wood charcoal sample was collected near the base of the site, which yielded a date of A.D. 1800 to A.D. 1890. Based on the features identified and the results of radiocarbon analysis, the site was interpreted to repres ent traditional Hawaiian activities in the surrounding area. Although there was an absence of lithic artifacts, data suggest Hawaiian subsistence practices were occurring in the area. SCS performed archaeological monitoring for the Waipouli Waterline Repla cement Project (see Figure 16) in 2014 (Lyman and Dega 2014). During monitoring, SHPD Site 50-30-08-2078, a concrete foundation remnant associated with the Ahukini Terminal and Railroad, was encountered . The feature consisted of a rectangular, semi- buried, soil-filled concrete box with an unknown function. However, it was determined that this specific feature was not identified at the time of its original documentation and was designated as Feature F. Artifacts found during monitoring in the spoils during trenching excavations consisted of Western and traditional historic cultural materials. This included six historic glass bottles; a Japanese porcelain rice bowl; a 6 -inch railroad spike; and one basalt cobble hammer stone. No burials were found during excavation. The 2018 AIS (Monahan and Condit 2018) conducted by TCP Hawaiʻi, LLC focused their investigation on a 0.9- acre area south of the project area (see Figure 16) that would be physically altered by proposed development activities. Of the six test tenches, one historic property (SIHP Site 50-30-08-2384) described as an organic-rich, buried A horizon 3. Consultation 28 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi was identified between 70-85 centimeters (cm) (2.3-2.8 feet) below the ground surface in Trench #6. Screening of the excavated material did not yield any cultural material (i.e. artifacts, bones, midden, or charcoal). Given the results of the five other test trenches which exposed introduced fill sediment down to the water table (Trench #3, 4, 5) and down to 210 centimeters below surface (cmbs) for Trench #1 and 235 cmbs for Trench #2, the buried A horizon in Trench #6 was determined to be a remnant portion of what is believed to be an extensive buried land surface. Due to a large number of utilities and hardscape near Trench #6, the precise lateral limits of the site could not be ascertained, however, Monahan and Condit (2018) proposed, with limited certainty, that this buried A horizon may have once connected with Site 1801 to the northeast and Site 1800 to the southwest. Monahan and Condit (2018:54) recommended an effect determination of “effect, with agreed-upon mitigation commitments.” The first mitigative commitment included the creation of a vertical buffer in which the project proponent redesigning a water feature planned for the area and limited excavation to 45.7 cm (18 inches; 1.5 feet) thereby creating a verticle buffer of 24.3 cm (9.6 inches; 0.8 feet). The final m itigative commitment called for archaeological monitoring during all ground - disturbing activities. In 2019, ground-disturbing activities revealed unidentified human skeletal remains in a previously disturbed area. A second inadvertent (Site 2399) discovery was made and a third discovery of isolated fragments (Site 2398) was found in fill. A Burial Site Component of a Preservation Plan (Monahan 2020a) and a Burial Site Component of a Data Recovery Plan (Monahan 2020b) were prepared, respectively. Site 2399 was preserved in place, while Site 2398 was relocated on the subject parcel. In summary, the archaeological studies conducted in coastal Waipouli and the neighboring ahupuaʻa makai of Kūhio Highway have demonstrated the presence of buried cultural layers along with human burials (see Figure 16). Thus, any proposed development activity that requires digging has the potential to encounter such resources. 3. CONSULTATION In an effort to identify individuals knowledgeable about past and ongoing customary and traditional cultural practices associated with the project area, efforts were made by ASM staff to contact eight individuals via email, U.S postal service, and or phone. The names of the individuals are listed in Table 4 below. These individuals were identified as persons who were believed to have genealogical ties, long-standing residency, or knowledge of Waipouli Ahupuaʻa and the greater Puna District. Of the eight individuals originally contacted, a joint response was received via phone by Aunty Nani Rogers and Noelani Josselin who asked about a wastewater management plan for the proposed project and pointed out that the project area is at sea-level and in a tsunami (Japanese for tidal wave) zone. Ms. Rogers relayed that a joint written testimony would be forthcoming. Multiple attempts to contact Ms. Rogers were made and as of the finalization of this report, no written testimony was provided. In addition, SHPD Kauaʻi Burial Sites Specialist, Kauanoe Hoʻomanawanui was contacted if she had comments and/or recommendations regarding the proposed project area. Ms. Hoʻomanawanui commented and also referred SHPD Cultural Historian, Sheleigh Kaʻahiki Solis, who also commented. Their responses are included below. Prior to the interview, ASM staff provided the potential interviewees with information about the nature and location of the proposed project and the scope the current study. The potential interviewees were informed that the interviews were voluntary and that they would be given an opportunity t o review and edit their interview summary prior to inclusion in this report. With their consent, ASM staff then asked questions about their background, their knowledge of past land use, and history of the project area, as well as their knowledge of any pas t or ongoing cultural practices. The informants were also invited to share their thoughts on the proposed development and offer mitigative solutions. Below are the interview summaries that have been reviewed and approved by the consulted parties. KAUANOE HOʻOMANAWANUI ASM Affiliates Cultural Specialist, Nicole Ishihara, contacted SHPD Kauaʻi and Niʻihau Burial Sites Specialist, Kauanoe Hoʻomanawanui, via email on April 1, 2021 to see if she had any concerns or comments on the proposed project area. The following response was received from Ms. Hoʻomanawanui: Ccd above is SHPD’s Kauai Cultural Historian [Sheleigh Kaʻahiki Solis] for further traditional cultural practices. The entire Waipouli has hundreds of families there. Please see the LCA records for possible burials within the that area without invasive studies. 4. Analysis and Mitigative Measures Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 29 Table 4. Community members contacted for consultation. Name Affiliation Date Contacted Response KAHEA, The Hawaiian Alliance March 12, 2021 No Donna Kaliko-Santos Nā Kuleana o Kānaka ‘Ōiwi March 12, 2021 No Kumu Hula Beverly Muraoka March 12, 2021 No Noa Mau-Espirito Nā Moʻokūpuna O Wailua March 12, 2021 No Liberta Albao-Huseey Queen Deborah Kapule Hawaiian Civic Club March 12, 2021 No Kamealoha Smith Mahamoku ‘Ohana Council March 12, 2021 No Nani Rogers Kamaʻāina and kūpuna March 12, 2021 Yes Noelani Josselin Kamaʻāina and cultural practitioner March 17, 2021 Yes Kauanoe Hoʻomanawanui Kauaʻi Burial Sites Specialist, SHPD April 1, 2021 Yes Sheleigh Kaʻahiki Solis Cultural Historian, SHPD April 1, 2021 Yes SHELEIGH KAʻAHIKI SOLIS Ms. Solis was CC’d on an email by Ms. Hoʻomanawanui on April 1, 2021. Ms. Solis responded with the following: As always community groups. Possible IBC presentation you can ask if the Kauaʻi Niʻihau Island Burial Council wants to hear about your project. It is a great way to reach descendants! If they choose to hear your project. Homestead groups in the area that may have cultural ties through customary practices and traditions. I would also like to see your final product. If you would kindly send all of yo ur finished CIA, EA, EIS to me that would be great! 4. ANALYSIS AND MITIGATIVE MEASURES This section provides an analysis within the three-part Ka Pa‘akai framework. IDENTIFY WHETHER ANY VALUED CULTURAL, HISTORICAL, OR NATURAL RESOURCES AREA PRESENT WITHIN THE PETITION AREA, AND IDENTIFY THE EXTENT TO WHICH TRADITIONAL AND CUSTOMARY NATIVE HAWAIIAN RIGHTS ARE EXERCISED A review of the culture-historical background material has resulted in the identification of several traditional cultural practices that formerly took place within the general project area vicinity. Traditional Agricultural and Fishing Practices An 1840 account by Charles Wilkes indicated from Kapaʻa extending north towards Moloaʻa were full of villages that engaged in traditional cultural farming practices which were planted in sugarcane, taro, and some rice. During the Māhele, ten kuleana comprised of approximately seventeen acres were inland from the coastline, but clustered around Keālia Swamp. No kuleana parcels were within the project area. It can be deduced that larger parcels mauka of Kūhio Highway were typically used for kula lands, which may or may not have been cultivated. One claimant (LCAw. 8836) noted the farming of waukē and a pā puaʻa on their kula land. The majority of awardees made claims for cultivating kalo with one fishpond called Kapakio (LCAw. 9013). In addition to taro and kula lands, an 1872 petition filed with the Commissioner of Boundaries to define and settle the boundaries of Waipouli, indicated that the ahupuaʻa retained traditional cultural fishing rights that extended to the reef with several boundary points in the sea. The area known as Kaunanawaa (Kaunanāwaʻa) was described as a canoe harbor. One point in the sea was noted as Kumunui, which consisted of a hole in the reef, while Pohakuao was located at the edge of the reef. SHPD Kauaʻi Cultural Historian, Sheleigh Kaʻahiki Solis mentioned via email that “homestead groups in the area that may have cultural ties through customary practices and traditions.” 4. Analysis and Mitigative Measures 30 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi Iwi Kūpuna Two prominent landscape features in the Kapaʻa/Waipouli area include a coastal plain with sand dunes and a large marsh. The marsh has since been mostly filled and is northwest of the project area. However, the project area lies within the coastal plain and sand dunes—the latter being a preferred sediment for traditional reinterment. During Wilkes 1840 expedition, he noted the various tributaries and sandbanks throughout the northern portion of Puna Moku, which required great caution when traversing via horseback. Previous archaeological research indicates that the coastal Kapaʻa/Waipouli areas extending to Kūhiō Highway have demonstrated the presence of buried cultural layers along with human burials. SHPD Kauaʻi and Niʻihau Burial Sites Specialist, Kauanoe Hoʻomanawanui, suggested reviewing “LCA records for possible burials” within the proposed project area without having to perform any invasive studies.” IDENTIFY THE EXTENT TO WHICH THOSE RESOURCES AND RIGHTS WILL BE AFFECTED OR IMPAIRED BY THE PROPOSED ACTION Based on the available information, traditional agricultural and aquaculture practices will not be affected or impaired by the proposed action. However, the proposed project does require ground disturbance that may potentially encounter, affect, and/or impair iwi kūpuna, moepū, and previously disturbed skeletal remains. There has not been any previous archaeological work done in the project area. However, a property directly makai of the subject parcel has been previously investigated (Tome et al. 2007), which yielded a cultural layer (Site 5003) and a human cranium and femur (Site 5004). Furthermore, the western portion of the project area is within Site 1848, a buried cultural layer. Lastly, Site 872, containing four human burials, is located to the northwest of the project area along Kūhio Highway. Due to these previous findings, there is a probability that iwi kūpuna may be encountered on the property and the proper precautions to mitigate impacts to human remains must be take n into consideration. SPECIFY ANY MITIGATIVE ACTIONS TO BE TAKEN TO REASONABLY PROTECT NATIVE HAWAIIAN RIGHTS IF THEY ARE FOUND TO EXIST. Based on the information provided above paired with the results of the consultation process, the following mitigation actions are proposed to reasonably protect Native Hawaiian rights. First, there is the concern of potentially encountering iwi kūpuna during ground-disturbing activities. All consulted parties, including DLNR-SHPD, suggested archaeological monitoring as a mitigation measure. Archaeological monitoring during all ground-disturbing activities is recommended. A cultural awareness and sensitivity briefing for all construction personnel prior to the commencement of any construction activities is also recommended. Second, DLNR-SHPD also has information regarding recognized descendants for this area and if skeletal remains are encountered, these indi viduals should be consulted regarding the handling and treatment of any inadvertently discovered human skeletal remains. Lastly, the project proponents should be committed to the proper treatment of all inadvertently discovered human skeletal remains, associated moepū, and artifacts in accordance with HAR §13-13-300 and HRS §6E-43. References Cited Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 31 REFERENCES CITED Advertiser, T. H. 1912 Governor Talks of Homesteading Plans. The Honolulu Advertiser [Honolulu]. February 27, 1912: 2. 1967 Kauai Hotel Will Expand. The Honolulu Advertise [Honolulu]. March 19, 1967: A-17. Akana, C. L. and K. Gonzalez 2015 Hānau Ka Ua: Hawaiian Rain Names. Kamehameha Publishing, Honolulu. Beckwith, M. W. 1970 Hawaiian Mythology. University of Hawai'i Press, Honolulu. Bridgewater, E. B. 1912 Territory is Again Surveying Lots. The Garden Island [Lihue, HI]. June 18, 1912: 1. Buke Māhele 1848 Buke Kakau Paa no ka mahele aina i Hooholoia iwaena o Kamehameha III a me Na Lii a me Na Konohiki ana, Hale Alii, Honolulu. Burke, K. and H. H. Hammatt 2012 Archaeological Inventory Survey Report for the Lydgate--Kapaʻa Bike and Pedestrian Path Project, Phases C and D, South Olohena, North Olohena, and Waipouli Ahupuaʻa, Kawaihau District, Island of Kauaʻi, TMK: [4] 4-3-001, 002 and 007: various. Cultural Surveys Hawaii, Inc. Bushnell, K. W., D. Shideler, and H. H. Hammatt 2004 Cultural Impact Assessment for the Kapaʻa Relief Route; Kapaʻa, Waipouli, Olohena, Wailua, and Hanamāʻulu, Island of Kauaʻi. Cultural Surveys Hawaiʻi, Inc. Prepared for Kimura International. Bushnell, T. and H. H. Hammatt 2000 An Archaeological Monitoring Report for Improvements to the Kapaʻa Seventh -Day Adventist Church, 1132 Kuhio Highway, Kapaʻa Ahupuaʻa, District of Puna, Island of Kauai (TMK 4-5- 03:19). Cultural Surveys Hawaiʻi, Inc. Prepared for Kapaʻa Seventh -Day Adventist Church. Chinen, J. J. 1958 The Great Mahele: Hawaii’s Land Division of 1848. University of Hawaii Press, Honolulu. 1961 Original Land Titles in Hawaii. Privately published. Commission, H. 1898 Message from the President of the United States, 55th Congress 3d Session . Government Printing Office, Washington. Commissioner of Public Lands (Office of the Commissioner of Public Lands of the Territory of Hawaii) 1929 Indices of Awards Made by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Star Bulletin Press, Honolulu. Condé, J. C. and G. Best 1973 Sugar Trains: Narrow Gauge Rails of Hawaii. Glenwood Publishers, Felton, California. Cook, C. 1999 Kauaʻi, the Garden Island: A Pictorial History of the Commerce and Work of the People . Donning Company, Virginia Beach, VA. Creed, V. S., H. H. Hammatt, G. K. Ida, I. A. Masterson, and J. Winieski 1995 A Summary of the Archaeological Monitoring for the Kapaa Sewerline Project, Waipouli and Kapaʻa Ahupuaʻa, Puna District, Kauaʻi, (TMK: 4-3-09 & 4-5-03 to 11). Cultural Surveys Hawaiʻi, Inc. Prepared for Park Engineerings. References Cited 32 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi Dega, M. F. and C. A. Dagher 2006 An Archaeological Inventory Survey of a 0.440-acre Area in Waipouli, North Olohena Ahupuaa, Kawaihau District, Island of Kauaʻi, Hawaiʻi [TMK (4) 4 -3-007:008 and 009]. Scientific Consultant Services, Inc. Dega, M. F. and J. Powell 2003 Archaeological Monitoring Report and Burial Treatment Plan for a Coastal Parcel in Kapa'a Town, Kapa'a Ahupua'a, Kawaihau District, Kaua'i Island, Hawaii (TMK (4) 4 -5-002:004. Scientific Consultant Services, Inc., Honolulu. 2005 Burial Site Component of an Archaeological Data Recovery Plan for Inadvertently Disc overed Burial (State Site No. 50-30-08-3927) on Approximately 0.3-Acres in Kapa'a, Waipouli Ahupua'a, Puna District, Kaua'i Island, Hawai'i (TMK (4) 4-5-002:016). Scientific Consultant Services, Inc., Honolulu. Desha, S. 2000 Kamehameha and his warrior Kekūhaupiʻo. Translated by F. N. Frazier. Kamehameha Schools Press, Honolulu. Dole, C. S. 1916 “The Hui Kawaihau.” A Paper read at the November meeting of the Kauaʻi Historical Society on 16 November 1916. In Papers of the Hawaiian Historical Society, pp. 8-15. The Print Shop Co., Ltd., Līhuʻe, Kauaʻi, Hawaiʻi. Emerson, N. B. 1915 Pele and Hiiaka; a myth from Hawaii. Honolulu Star Bulletin Limited, Honolulu. Flores, K. 1995 Historical & Cultural Research of Malaeha‘akoa, District of Puna, Island of Kaua‘i, State of Hawai‘i, Draft. Mana‘o‘i‘o, Waimea, Kaua‘i, Hawai‘i. Prepared for State of Hawaii. Folk, W. H., R. Chiogioji, M. J. McDermott, and H. H. Hammatt 1991 Archaeological Survey and Subsurface Testing at Waipouli Kauaʻi, State of Hawaiʻi Site No . 50- 30-08-1836. Cultural Surveys Hawaiʻi. Garavoy, J. 2005 “Ua koe ke kuleana o na kanaka” (Reserving the rights of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities in Hawaii. Harvard Environmental Law 29:523-571. Hammatt, H. H. 1991 Archaeological Subsurface Testing for the Proposed Kapaʻa Serwerline, Wailua, Olohena, Waipouli and Kapaʻa, Kaua‘i. Cultural Surveys Hawaii, Kailua, HI Prepared for James Pederson. Hammatt, H. H., G. K. Ida, and W. Folk 1994 Archaeological Inventory of a 1.87-Acre Parcel, Kapaʻa, Kauaʻ (TMK 4-5-05:6). Cultural Surveys Hawaii. Prepared for Applied Planning Services. Hammatt, H. H. and D. W. Shideler 2004 Archaeological Assessment of Alternative Routes Proposed for the Lydgate to Kapaʻa Bike Path and Pedestrian Pathway Project within the Ahupuaʻa of Wailua, South Olohena, North Olohena, Waipouli, and Kapaʻa. Cultural Surveys Hawaiʻi, Inc. Prepared for Kimura International. Hammatt, H. H., D. W. Shideler, J. Winieski, and D. Perzinski 2000 Archaeological Data Recovert for a 12 acre Parcel (The Golding Property) at Waipouli, Puna, Kauaʻi (TMK 4-3-08:1). Cultural Surveys Hawaii, Inc. Handy, E. S. C. and E. G. Handy 1972 Native Planters in Old Hawaii: Their Life, Lore, and Environment. Bernice P. Bishop Museum Bulletin 233. Bishop Museum Press, Honolulu. References Cited Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 33 Holi, B. K. 1856 Na Mea Hou Ma Wailua Kauai. Ka Hae Hawaii [Honolulu]. 26 November 1856: 153. Hoʻoulumāhiehie 2006 The Epic tale of Hi‘iakaikapoliopele. Translated by M. P. Nogelmeier. Awaiaulu, Honolulu. Ida, G., D. W. Shideler, and H. H. Hammatt 2000 Documentation of Burial Disinterment and Re-interment at the “Golding Property,” Waipouli, Kawaihau, Kauaʻi (TMK: 4-3-08:1) Cultural Surveys Hawaii. Joesting, E. 1984 Kauaʻi: The Separate Kingdom. University of Hawaiʻi Press, Honolulu. Kadota, J. 1960 Why I'm Proud of Kapaʻa. Honolulu Star-Bulletin [Honolulu]. May 1, 1960: 62. Kamakau, S. M. 1991 Tales and Traditions of the People of Old, Nā Moʻolelo a ka Poʻe Kahiko . Bishop Museum Press, Honolulu. 1992 Ruling Chiefs of Hawaii. Revised ed. Kamehameha Schools Press, Honolulu. Kame‘eleihiwa, L. 1992 Native Land and Foreign Desires: How Shall We Live in Harmony? = Ko Hawaii Aina a Me Na Koi Puumake a Ka Poe Haole. Bishop Museum Press, Honolulu. King, R. n.d. Hawaiian Land Titles. n.d. Electronic document, https://ags.hawaii.gov/wp-content/uploads, accessed May 15, 2020. Kuapuu, S. K. 1861 He wahi Moolelo--Helu 1. Ka Hae Hawaii [Honolulu]. 17 April: 12. Electronic document, https://www.papakilodatabase.com, accessed 08/28/2020. Kuykendall, R. 1938 The Hawaiian Kingdom 1778–1854. Foundation and Transformation, vol. 1. 3 vols. University Press of Hawaii, Honolulu. Lucas, P. 1995 A Dictionary of Hawaiian Legal Land -Terms. Native Hawaiian Legal Corporation. University of Hawaiʻi Committee for the Preservation and Study of Hawaiian Language, Art and Culture, Honolulu. Lyman, K. and M. Dega 2014 An Archaeological Monitoring Report for the Waipouli Main Replacement Along Kūhiō Highway (JOB No. 02-19, WK-12), Kapaʻa, Kapaʻa Ahupuaʻa, Puna District, Kauaʻi Island, Hawaiʻi, [TMK: (4) 4-3-09, and 4-5-01 through 07, and 09]. Scientific Constultant Services, Inc. SCS Project Number 1338-AMR-2. Prepared for Goodfellow Bros, Inc., Honolulu. McCurdy, T., R. Runyon, and H. H. Hammatt 2009 Archaeological Monitoring Report for Waipouli Beach Resort (SIHP #50 -30-08-1836), Waipouli Ahupuaʻa, Kawaihau District, Kauaʻi (TMK (4) 4-3-008:001). Cultural Surveys Hawaiʻi, Inc. McGerty, L. and R. L. Spear 2005 A Cultural Impact Assessment of Approximately 12-acres of Land in Waipouli Ahupuaʻa, Kawaihau District, Kauaʻi, Hawaiʻi, [TMK: 4-3-007:027]. Scientific Consultant Services, Inc. SCS Project 597-CIA-1. Prepared for Coconut Plantation Holdings, LLC, Honolulu. References Cited 34 Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi Monahan, C. 2020a Burial Site Component of a Preservation Plan for SIHP 50-30-08-2399 at Waipouli Ahupua'a, Puna District, Island of Kaua'i, TMK: (4) 4-3-007:028. TCP Hawaii. Prepared for KHS Hotel Holding, LLC. 2020b Burial Site Component of an Archaeological Data Recovery for SIHP 50-30-08-2398 at Waipouli Ahupua'a, Puna District, Island of Kaua'i, TMK: (4) 4-3-007:028. TCP Hawaii. Prepared for KHS Hotel Holding, LLC. Monahan, C. M. and J. Condit 2018 FINAL Archaeological Inventory Survey of an Approximately 0.9 -acre Parcel at Courtyard by Marriott at Coconut Beach, Waipouli Ahupuaʻa, Puna District, Kauaʻi Island, Hawaiʻi, TMK (4) 4 - 3-007:028 (por.). TCP Hawaiʻi, LLC. Prepared for KHS Hotel Holding, LLC, d/b/a Courtyard by Marriott at Coconut Beach, Kailua, HI. Morawski, L. and M. Dega 2006 An Archaeological Monitoring Report for a 0.440 Acre Area in Waipouli, North Olohena Ahupuaʻa, Kawaihau District, Island of Kauaʻi, Hawaiʻi [TMK [4] 4 -3-007:008 and 009]. Scientific Consultant Services, Inc., Honolulu. Nakuina, M. 1990 The Wind Gourd of Laʻamaomao. Revised ed. Translated by Esther T. Mookini and Sarah Nakoa. Kalamakū Press, Honolulu. Paul H. Rosendahl and V. Kai 1988 Interim Report: Summary of Findings, and General Significance Assessments and Recommended General Treatments. Archaeological Inventory Survey, Coconut Plantation Development Sites 4 and 6, Lands of Olohena and Waipouli, Kawaihau District, Island of Kauai . Paul H. Rosendahl, Ph.D. Inc. Report 467-08228. Prepared for Blackfield Hawaii Corporation, Hilo, H I. Perzinski, D. and H. H. Hammatt 2001 A Summary of Archaeological Monitoring for the Kuhio Highway, Waikaea Bridge Widening Project, Kapaʻa Ahupuaʻa, Kawaihau District, Kauaʻi Island (TMK (4) 4-3-06 to 4-3-08). Cultural Surveys Hawaiʻi, Kailua, HI. Potter, E. and M. F. Dega 2012 Archaeological Inventory Survey Report for the Pipeline Replacement Project (Job No. 02 -16), Wailua, Wailua Ahupaʻa, Lihue and Kawaihau Districts, Kauaʻi Island, Hawaiʻi, [TMK: (4) 3 -9-06, 4-1-02, 4-1-03, and 4-1-04]. Scientific Consultant Services, Inc. Job No. 02-16. Pratt, J. W. 1908 The Kapaa Land Exchange Offer. The Hawaiian Star [Honolulu]. April 18, 1908: 1,5. Pukui, M. K. (editor) 1983 ʻŌlelo Noʻeau: Hawaiian proverbs & poetical sayings. Bishop Museum Press, Honolulu. Pukui, M. K., S. H. Elbert, and E. Moʻokini 1974 Place Names of Hawaii. Revised and Expanded ed. University of Hawaii Press, Honolulu. Sai, D. K. 2011 Ua Mau Ke Ea Sovereignty Endures: An Overview of the Political and Legal History of the Hawaiian Islands. Pūʻā Foundation, Honolulu. Shun, K. 1991 Archaeological Subsurface Testing, TMK: 4-4-3-07:29 and 30, Waipouli, Kawaihau District, Island of Kauai. Archaeological Associates Oceania. Prepared for Hawaii Sponsorship Corporation, Kaneohe, HI. References Cited Ka Paʻakai O Ka ʻĀina Analysis for the Kauaʻi Habitat for Humanity, Waipouli, Puna, Kauaʻi 35 Soboleski, H. 2015 The Waipouli Polo Field and Race Track. The Garden Island, Lihue, Hawaii. Electronic document, https://www.thegardenisland.com/2015/07/05/lifestyles/the-waipouli-polo-field-and-race-track/, accessed March 2, 2021. Soehren, L. 2008 A Catalog of Oʻahu Place Names Compiled from the Records of the Boundary Commission and The Board of Commissioners to Quiet Land Titles of the Kingdom of Hawaii. Part 1: Alphabetical. 2008. Electronic document, http://www.useapencil.org/soehren/pdfs/oahu.pdf, accessed. Star-Bulletin, H. 1965 Ebbtide Hotels' first profitable year. Honolulu Star-Bulletin [Honolulu]. October 27, 1965: F-7. Star, T. H. 1910 Kapaa Settled. The Hawaiian Star [Honolulu]. April 16, 1910: 8. Stoffel, P. 1978 Garden Isle Development Plans Held Up. Honolulu Star-Bulletin [Honolulu]. January 26, 1978: C- 13. Toenjes, J. H., R. Chiogioji, W. H. Folk, and H. H. Hammatt 1991 DRAFT, Results of Archaeological Data Recovery For 12-acre Property at Coconut Plantation, Waipouli, Kauaʻi, (TMK 4-3-07:27). Cultural Surveys Hawaiʻi. Prepared for Pankow Development Company and Coconut Limited Partnership, Honolulu. Tome, G., S. Cordle, and M. Dega 2007 An Archaeological Inventory Survey Report on a 0.3295 -acre Property in Waipouli, Waipouli Ahupuaʻa, Kawaihau District, Island of Kauaʻi, Hawaiʻi, [TMK: (4) 4 -3-009:049]. Scientific Consultant Services, Inc. SCS Project Number 775-2. Prepared for Kohala Design, Honolulu. Vancouver, G. 1967 A Voyage of Discovery to the North Pacific Ocean, and Round the World, vol. II. Three vols. Bibliotheca Australiana #31. N. Israwl/Da Capo Press, Amsterdam, New Yotk. Wichman, F. B. 1998 Kauaʻi: Ancient Place-names and Their Stories. University of Hawaiʻi Press. Wilkes, C. 1856 Narrative of the United States Exploring Expedition During the Years 1838–1842, Under the Command of C. Wilkes, U.S.N, vol. IV. G. P. Putnam and Co., New York. Wilson, J. and M. F. Dega 2006 Archaeological Data Recovery Report for 11.783 acres (Coconut Plantation -Lot 6) Including State Site 50-30-08-1801 in Waipouli, Waipouli Ahupuaʻa, Kawaihau District, Kauaʻi Island, Hawaiʻi [TMK (4) 4-3-07:27]. Scientific Consultant Services, Inc. SCS Project 580-DR-2. Prepared for CM&D-Hawaiʻi, LLC, Honolulu. LIST OF FIGURES FIGURE 1 Site Map FIGURE 2 TMK Map FIGURE 3 TMK Shoreline FIGURE 4 Shoreline Drone FIGURE 5 Tsunami Zone FIGURE 6 Flood Zone FIGURE 7 Coastal Erosion 3.2 ft. FIGURE 8 Passive Flooding FIGURE 9 High Wave FIGURE 10 Wailua Erosion Map Page 1 of 11 Site Location Subject Site Project Name: Kauhale O Waipouli, 4-870 Kuhio Hwy, Kapaa HI 96746 Figure Title: Site Map Figure Number: 1 Page 2 of 11 Project Name: Kauhale O Waipouli, 4-870 Kuhio Hwy, Kapaa HI 96746 Figure Title: TMK Map Figure Number: 2 TMK 4-4-3-9-71 and 51, Kauai HI Page 3 of 11 Subject Site Sandbags Concrete & Lava rock Naturally occurring or placed lava rock TMK 4-4-3-9-48 TMK 4-4-3-9-51 and 71 TMK 4-4-3-9-41 TMK 4-4-3-9-40 TMK 4-4-3-9-49 Project Name: Kauhale O Waipouli, 4-870 Kuhio Hwy, Kapaa HI 96746 Figure Title: TMK Shoreline Figure Number: 3 Page 4 of 11 Project Name: Kauhale O Waipouli, 4-870 Kuhio Hwy, Kapaa HI 96746 Figure Title: Shoreline Drone Figure Number: 4 Page 5 of 11 Project Name: Kauhale O Waipouli, 4-870 Kuhio Hwy, Kapaa HI 96746 Figure Title: Tsunami Zone Figure Number: 5 Page 6 of 11 Project Name: Kauhale O Waipouli, 4-870 Kuhio Hwy, Kapaa HI 96746 Figure Title: Flood Zone Figure Number: 6 Page 7 of 11 Project Name: Kauhale O Waipouli, 4-870 Kuhio Hwy, Kapaa HI 96746 Figure Title: Coastal Erosion 3.2ft Figure Number: 7 Page 8 of 11 Project Name: Kauhale O Waipouli, 4-870 Kuhio Hwy, Kapaa HI 96746 Figure Title: Passive Flooding Figure Number: 8 Page 9 of 11 Project Name: Kauhale O Waipouli, 4-870 Kuhio Hwy, Kapaa HI 96746 Figure Title: High Wave Figure Number: 9 Page 10 of 11 443010003 443010002 443010001 443004005 443010004 443004014 443004001 441003004 441003005 439002021 443001999439002012 441003007 443008001 443007027 443007028 443002016 441003048 443002015 4 4 1 0 0 6 9 9 9 443002017 443002014 443006002 443002018 443001014 439006020 439006029 443002013 44300 2 0 0 1 443004006 443002012 443004015443005020443008013 443002010 439006001 443008002 443009004 445004001 445004018 443007011 439006999441004024 443008014 445006001 445002001 441005999441006016 443002004445007002 445004999443002999441004999443007030 443008999439002013441008013 441008071 44500500643900601644100801544100200344 5 0 0 6 4 4 4 445002023441003045 441003046 443002008443007029 4390060094410030 4 7 445007001441007007439002030 443009999439004003 44300201144100900244100202344 1 0 0 5 0 0 9 4430060074430020 0 2 443002003441004001445005014 439002028443009050 443 0 0 7 0 1 3 44 3 0 0 7 0 1 4 441008020443005008 441005 0 0 3 44 1 0 0 7 0 9 0 44100607644100 6 0 0 9441006006 4430050024450060024410050054430090614410050084430060 0 1 441005001441007008441 0 0 3 0 1 7 439002999443005009441004021445005004443009045 44100704244 1 0 0 8 0 0 6 44100601444300904 6 44100801644300901544 1 0 0 8 0 2 3 443009055441006 0 3 9 44100604044100 6 0 34441008026 44500500744 1 0 0 3 0 0 8 44 1 0 0 8 0 2 4 441004009445007 4 4 4 441006038443 0 0 9 0 4 1 44500600844 3 0 0 8 0 0 9 441006011441 0 0 4 0 0 8 445004017 443008006445005009 4410 0 4 0 0 7 445004003 4430090 4 8 44300905 2 4430090 4 9 445002003 445002002 445003006445003002 4410080224450010 2 2 4410080034 4 3 0 0 7 0 2 2 20"10"159o20' W 40"50"30"159o19' W10" 50" 20" 20"10"159o20' W 40"50"30"159o19' W10" 50" 20" 10"22o04' N50"30"40"20"50"22o03' N40" 10" 30"10"22o04' N50"30"40"20"50"22o03' N40" 10" 30"465000mE 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 7069 71 72 73 74 75 76 467700mE 465000mE 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 7069 71 72 73 74 75 76 467700mE 0706050403020100999897969594939291908987888685842440800mN83828180797877762437500mE0706050403020100999897969594939291908987888685842440800mN83828180797877762437500mEWailua Bay, Kauai, Hawaii Contract C25514 Contract 7249 Charles Fletcher, Matthew Barbee, Siang-Chyn Lim, Matt Dyer and Ayesha Genz University of Hawaii Coastal Geology Group School of Ocean and Earth Sciences and Technology 1680 East West Road, Honolulu, HI 96822, U.S.A. The preparation of this poster was financed in part by the Coastal Zone Management Act of 1972, as amended, administered by the Office of Ocean and Coastal Resource Man- agement, National Ocean Service, National Oceanic and Atmospheric Administration, United States Department of Commerce, through the Office of Planning, State of Hawaii. 400 300200 1200 900600 100 3000 0100 300 Scale 1:3000 Meters FeetLatitude/Longitude coordinates UTM coordinates 22o03'10" W 465000mE 0 0 10km 10mi Kauai Wailua Bay ava N HISTORICAL SHORELINES Erosion rate measurement locations (shore-normal transects) Historical beach positions, color coded by year, are determined using orthorectified and georefer- enced aerial photographs and National Ocean Survey (NOS) topographic survey charts. The low water mark is used as the historical shore- line, or shoreline change reference feature (SCRF). Movement of the SCRF along shore-normal transects (spaced every 66 ft) is used to calcu- late erosion rates. Nov Mar 1950 1972 Apr 1975 Jul May Feb May Sept 1987 1988 2002 1992 2000 1992Sept Jan Oct 2008 2007 Feb 1927 T-sheet Lydgate Beach Park Wailua River Kuhio HighwayKuhio HighwayWaikae a C a n al Wailua Waipouli Erosion Rate Accretion Rate SHORELINE CHANGE RATES Historical shoreline positions are measured every 66 ft along the shoreline. These sites are denoted by yellow shore-perpendicular transects. Changes in the position of the shorelines through time are used to calculate shoreline change rates (ft/yr) at each transect location. Annual shoreline change rates are shown on the shore-parallel graph. Red bars on the graph indicate a trend of beach erosion, while blue bars indicate a trend of accretion. Approximately every fifth transect and bar of the graph is numbered. Where necessary, transects have been purposely deleted to maintain consistent alongshore spacing. As a result transect numbering is not consecutive everywhere. The rates are smoothed alongshore using a 1-3-5-3-1 technique to normalize rate differences on adjacent transects. AREA DESCRIPTION The Wailua study area (transects 146 – 337) is located on the east coast of Kauai. The shoreline is composed of carbonate sand beach interrupted by basalt headlands, hardened shoreline and boulder groins. A fringing reef extends offshore the length of Waipouli Beach. The area is exposed to persistent tradewinds and rough seas throughout the year. Overall, the area is experiencing insignificant erosion at an average rate of -0.3 ft/yr. The area lends itself to division into four portions. The most northern portion (transects 146 – 212) extends south from Waikaea Canal to a small discharge canal near transect 212. This section is part of Waipouli Beach and has experienced erosion over time with an average rate of -0.5 ft/yr. The rest of Waipouli Beach to the south (transect 214 – 287) has experienced erosion at an average rate of -0.4 ft/yr. Between Alakukui Point and a boulder revetment to the south is a 600 ft length of beach (transects 289 – 300). This portion has experienced erosion with an average rate of -1.1 ft/yr. Wailua Beach (transects 302 – 337) has experienced accretion with an average rate of 0.6 ft/yr. Previous studies1 found similar trends in shoreline change for the Wailua study area. 1 Makai Ocean Engineering and Sea Engineering, 1991 Aerial Photograph Analysis of Coastal Erosion on the Islands of Kauai, Molokai, Lanai, Maui, and Hawaii. State of Hawaii Office of Coastal Zone Management Program. 2 3 0 2 3 8 2 4 0 2 4 5 2 6 9 2 7 1 3 0 2 3 0 5 3 0 8 3 1 0 3 1 5 3 2 0 3 2 5 3 3 0 3 3 5 3 3 7 -2-1012-2-1012Shoreline Change Rate (ft/yr)2 1 4 2 1 5 2 2 0 2 2 5 2 3 5 2 3 6 2 5 0 2 5 5 2 5 7 2 5 9 2 6 0 2 6 5 2 7 5 2 8 0 2 8 5 2 8 7 2 8 9 2 9 0 2 9 2 3 0 0 3 0 2 2 9 4 2 9 5 -2-1012-2-1012Shoreline Change Rate (ft/yr)146 150 155 160 165 170 175 180 185 187 189 190 195 200 205 210 212 146 150 155 160 165 170 175 180 185 187 189 190 195 200 205 210 212 230 2382402452 6 9 2 7 1 3 0 2 3 0 5 3 0 8 310 315 320 325 330 335 337 21 4 21 5 22 0 225 235 23 6 2502552572 5 9 2 6 0 2 6 5 2 7 5 2 8 0 2 8 5 2 8 7289290292300294295 Page 11 of 11 Attachment 1 Page 1 of 2 ATTACHMENT 1 LETTER OF AUTHORIZATION KAUHALE O WAIPOULI Kapa`a Affrodable Housing Project Waipouli, Kawaihau, Kaua`i, Hawai`i TMK (4) 4-3-09: 51 & 71 Kauai Habitat for Humanity, Inc. P.O. Box 28 Eleele, HI 96705 November 2020 Attachment 1 Page 2 of 2 Attachment 2 Page 1 of 1 ATTACHMENT 2 PROJECT VALUATION ESTIMATE KAUHALE O WAIPOULI Kapa`a Affrodable Housing Project Waipouli, Kawaihau, Kaua`i, Hawai`i TMK (4) 4-3-09: 51 & 71 Kauai Habitat for Humanity, Inc. P.O. Box 28 Eleele, HI 96705 November 2020 Project Evaluation: Purchase Cost of land with Permitting: $ 1,400,000 Cost to install Infrastructure: (Water, Sewer, Electric, Roads, Driveway Drainage) $ 800,000 Cost to construct Housing Units: $ 2,600,000 Total cost Estimate and selling price of 17 units: $ 4,800,000 Total Estimated Market Appraised Value for House and Lot: $ 5,950,000 ATTA CHMENT 3 PROJECT DESCRIPTION Attachment 3 Page 1 of 8 KAUHALE O WAIPOULI Kapa`a Affordable Housing Project Waipouli, Kawaihau, Kaua`i, Hawai`i TMK (4) 4-3-09: 51 and 71 Project Description The proposed development is located in Waipouli, District of Kawaihau on the east side of the Island of Kaua`i (see Figure 1). The site is identified as Lots 21, 22, 29, and 30 of Land Court Application No. 276, and Lots D-1 and E-1 being portions of Lots D and E of the Niulani Tract (First Edition) Subdivision. These Lots are also identified as tax map keys (TMK) (4) 4-3-09: 51 and 71 (see Figure 2). The Project Site encompasses 36,861 square feet; Parcel 71 currently has a single-story home that was built in 1958. The Site is currently accessible via Kuhio Highway and Wana Road. The future access will be restricted via Wana Road only. The Site is bounded on the north by residential properties. On the south, it is bounded by Wana Road and a multi-story condominium complex of residence and vacation rentals. On the east, by Niulani Road and it is bounded by a single-family residence and a vacant lot. On the west, it is bounded by Kuhio Highway. Project Development Summary: Kauai Habitat for Humanity, Inc. is proposing the development of an affordable for-sale housing project consisting of 17 units, estimated to be 15 three-bedroom units, 2 two- bedroom units. At least 13 of the units will be sold at and bleow 80% of Kauai County AMI and the remaining 4 units will be sold below 115% of AMI. Associated improvements include grading, roadways, water system, drainage system, sewer system and landscaping. The objective of this project is to produce a single family workforce housing development of for-sale Duplex and single unit configuration with individual CPR land ownership. City Water and Sewerage is currently available to the project. The County Department of Water currently has water meter on the property and has issued conditional approval letter for 16 additional water meters. The County Waste Water Department has indicated that there is sufficient capacity to connect the existing sewer for the project and that there is an existing stub connection to serve the project adjacent to property on Wana Rd. All utilities are available and it is believe that no off site utility improvement will be required. The existing House will have to be dismantled and moved, existing driveway removed and trees in the center of the lot remove to enable the building of the 17 new units. ATTA CHMENT 3 PROJECT DESCRIPTION Attachment 3 Page 2 of 8 RELAT ION SHIP OF THE PROPOSE D D EV ELOP MENT TO LAN D USE PLAN S OF THE AFF ECTED AREA The property is in the Urban District as established by the State Land Use Commission, in the County Zoning District of Residential (R-20), and is designated as Neighborhood Center by the Kaua`i General Plan. According to the State Land Use Commission, the Urban District generally includes lands characterized by “city-like” concentrations of people, structures and services. This District also includes vacant areas for future development. Jurisdiction of this district lies primarily with the respective counties. Generally, lot sizes and uses permitted in the district area are established by the respective county through ordinances or rules. The Kauai County Comprehensive zoning states that the Residential District regulates the number of people living in a given area by specifying the maximum allowable number of dwelling units that may be developed on any given parcel of land. There are six (6) residential density districts: R-1, R-2, R-4, R-6, R-10, R-20. The number portion of each residential district establishes the maximum number of dwelling units that may be permitted per acre of land in each district. The maximum allowable number of dwelling units for the project site is as follows: Total Area = 36,861 Sq. Ft. or 0.846 Acre. Max. Density = (20 dwelling units/Acre) X (0.846 Acre) = 16.92 dwelling units ≈ 17 dwelling units Kauai County General Plan The County General Plan (2018) acts as an over-arching values statement and provides a policy framework for the Kauai Island Plan and Community Plans within a twenty-year timeframe. The County General Plan provides broad goals, objectives, policies, and implementing actions that portray the desired direction of the County’s future. The Kapa`a Affordable Housing Project Waipouli in accordance with the following Countywide Policy Plan goals, objectives, and policies: Goal: Promote a Sustainable Island Objective: Improve the stewardship of the natural environment Policies:  Manage growth to preserve rural characteristic by limiting supply of developable land to an amount adequate for future needs, prohibiting development not adjacent to towns, and ensuring new development occurs inside growth boundaries and is compact and walkable  Protect the island’s natural beauty by preserving the open space and views between towns. ATTA CHMENT 3 PROJECT DESCRIPTION Attachment 3 Page 3 of 8  Protect our watersheds by acting with the understanding that forests, biodiversity, and water resources are fragile and interconnected. Restore and protect our watershed from mauka to makai. Goal: Stewardship and Protection of Unique and Beautiful Place Objective: Share kuleana, or responsibility to care for and protect treasured resources, traditions, and qualities of the natural, built, and human environment. Policies:  Recognize and protect the identity of Kauai’s individual towns and districts and uniqueness in community plans and reinforced in development standards.  Uphold Kauai as a unique visitor destination by protecting the identity of Kauai’s visitor industry by focusing on revitalization and limiting new resort growth only to existing Visitor Destination Areas and reducing visitors’ impacts on infrastructure and communities.  Respect native Hawaiian rights and Wahi Pana by perpetuating traditional rights and protecting public trust resources and cultural sites in all land use development and activities.  Protect Access to Kauai’s treasured places such as the access to and customary use of shoreline areas, trails, and places for religious and cultural observances, fishing, gathering, hunting, and recreational activities, such as hiking and surfing. Goal: Healthy and Resilient People Objective: Increase resilience and vitality of communities and improve natural, built, and social environment to promote better health outcomes. Policies:  Design healthy and complete neighborhoods by ensuring new and existing neighborhoods have safe roads and functional parks, as well as access to jobs, commerce, transit, and public services.  Make Strategic infrastructure investments by having government investment support growth areas and include priority projects as identified in Community Plans.  Build a balanced multimodal transportation system to reduce congestion conditions through strategic infrastructure improvements and increase multimodal transportation options.  Complete Kauai’s shift to clean energy by mitigating climate change and reduce system- wide carbon emissions by at least 80 percent by 2050 through deep reductions in energy use and by transforming electricity, transportation, and infrastructure systems toward the use of clean energy.  Prepare for climate change and impacts to the island economy, food systems, and infrastructure. Goal: Equitable Place, with Opportunity for All Objective: Foster diverse and equitable communities with vibrant economies, access to jobs and housing, and a high quality of life. ATTA CHMENT 3 PROJECT DESCRIPTION Attachment 3 Page 4 of 8 Policies:  Provide affordable housing while facilitating a diversity of privately-developed housing for local families by establishing fair and effective housing ordinance, adequate capital, effective partnerships, clear policy guidelines ensuring cost-effective and energy-efficient homes by design and location, a strategy for providing adequate infrastructure for affordable housing, a housing first approach to ending homelessness, and a timetable for action.  Reduce the combined cost of housing and transportation by connecting housing to jobs and by providing a diversity of housing types and affordable transportation options.  Create and foster thriving commercial areas in Town Centers through improved infrastructure, civic space, streetscapes, updated zoning standards, and streamlined approval processes.  Help agricultural lands be productive by supporting economic diversification and access to locally produced food by increasing the productivity and profitability of all forms of agriculture. Nurture small-scale farms, promote crop diversity, and form stronger public/private partnerships with farmers.  Value youth as Kauai’s most treasured resource and provide them with safe communities, great schools and facilities, and financially sustainable jobs, housing, and transportation opportunities so they are able to seek livelihoods on Kauai.  Prepare for the aging of Kauai’s population through housing services, and facility improvements that meet the needs of elderly households.  Communicate with aloha; Kauai’s residents care about planning and decision-making. Government must share information, encourage input, improve public processes, and be responsive. The proposed development is considered a permissible land use by both County and State zoning ordinances. It is also consistent with the objectives and policies of the County General Plan. The proposed use does not conflict with the zoning of nearby properties, and is compatible with surrounding uses. ATTA CHMENT 3 PROJECT DESCRIPTION Attachment 3 Page 5 of 8 PROBABLE IMPA CT OF THE PROPOSED D EV ELOPMEN T ON THE EN V IRONMEN T , PROBABLE AD V ERSE EN V IRONMENTA L EFF ECTS , AND MITIGATIN G MEAS URES TO MIN IMIZE IMPA CTS - CLIMATE: The project will not affect macro or micro weather conditions - GEOLOGY, TOPOGRAPHY, AND SOILS: Impacts occurring on the physical terrain from development of the project site are expected to be minimal. Since the site is relatively flat, minimum grading will be required. To minimize soil erosion during the construction process, erosion control measures will be designed and implemented in accordance with applicable governmental regulations. - HYDROLOGY: Most of the improvements will occur within the previously developed area. To minimize storm water runoff during the construction process, erosion and sediment control measures will be designed and implemented in accordance with applicable governmental regulations. As a result, no direct impacts on ground, surface and coastal waters should occur. - FLOOD HAZARD AND DRAINAGE: The project will not affect the base flood elevation, impacts on surface drainage will be mitigated by drainage system improvements, if necessary. - FLORA AND FAUNA: Adverse impacts are not anticipated. The proposed project is not expected to have a significant impact on threatened or endangered flora or fauna as the site was previously developed as evidenced by the existing structure. - AIR QUALITY: Construction activities may result in short-term air quality impacts, including the generation of dust from soil excavation and emissions from construction vehicles and equipment. Dust control measures should be implemented during construction. At completion of the project, air quality for the existing residential community will revert to pre- construction levels. - NOISE: The property is currently impacted by noise from local traffic. Noise levels are expected to increase once construction starts on the property. Noise should be most pronounced during site work followed by reductions in frequency and duration during actual construction and post construction phases. It is anticipated that noises emanating from the completed project would be similar to the pre-construction levels, and to those on adjoining properties. - VISUAL EFFECTS: For the short term, construction activities will affect aesthetics. For the long term, the new improvements will be similar in nature to those in the surrounding properties and not be detrimental to the aesthetics of the area. The proposed development would not have any substantial, adverse environmental or ecological effect. Any adverse effect will be minimized to the extent practicable by mitigation measures mentioned above. Most of the adverse effects will be temporary in nature and related to the construction activities. ATTA CHMENT 3 PROJECT DESCRIPTION Attachment 3 Page 6 of 8 EV ALUAT ION OF ALT ERNAT IVES TO THE PROPOSED DEV ELOP MEN T a) Alter n ati ve: Mor e Con d omin iu m Un its A larger development with more dwelling units would not be practicable due to the size constraints of the site. In addition, with a combined lot area is 36,861 Sq. Ft. (0.846 Acre), and County Zoning of R-20, the maximum density equals 17 dwelling units; additional dwelling units are not permitted. b) Alter n ati ve: Less Condomin iu m Un its Reducing the number of condominium units would not maximize the allowed density. Furthermore, reducing the number of units would not significantly reduce the environmental impacts associated with the project. c) Alter n ati ve: N o Action or D ela yed Action With a shortage of affordable housing on island, there is an urgent need to provide affordable housing opportunities to Kaua`i residents. The existing housing crisis makes prompt action essential in order to help alleviate the need for affordable housing. Additionally, housing conditions would only worsen as the population grows. d) Alter n ati ve: D iffer en t Locati on The proposed site is perfectly zoned for the proposed use. It is also consistent with the Kaua`i General Plan, which is a guide to plan and improve the physical environment and quality of life for the people of Kaua`i, and to address the overall development of the island. The development of a new suitable site would result in further postponement of these much needs workforce housing units. ATTA CHMENT 3 PROJECT DESCRIPTION Attachment 3 Page 7 of 8 EV ALUAT ION OF THE PROPOSED DEV ELOP MEN T IN RELAT ION TO THE OBJECTIV ES AN D POLICIES OF THE STAT E’S COAST AL ZON E MAN AGEMEN T ACT - RECREATIONAL RESOURCES: The Proposed Development does not abut the shoreline, it is approximately 270 ft. from the shoreline with Wana and Niulani Roads between the property and properties that abut the shoreline. The west edge of the property borders the Kapa`a Bike/Pedestrian Path. The project is not expected to have any impact on the recreational resources in the area, including public access to the shoreline and to the Kapa`a Bike/Pedestrian Path. - HISTORIC RESOURCES: Neither Kauai County nor Hawaii Historical Preservation Office have any records involving the subject property. Applicant does not have any archeological records for the project site. Since it is in close proximity to the shoreline, it would be advisable to seek a consultant to perform an archaeological survey of the site and ensure the project does not impact any archaeology. During an inventory survey conducted in association with the Kapa`a sewer line construction, buried habitation deposits were encountered along Kuhio Highway between Wana Road and Waikaea Drainage Canal (Historic Site #01848, State Site #50-30-08-01848, SHPD Library K- 00252). During the actual construction of the sewer line, burials were found in association with the previously identified habitation deposits. Should subsurface features or qualified burials be unearthed during construction activities, work shall cease in the immediate area of the find and the find shall be protected from further damage. The Contractor will notify the County of Kaua`i Planning Department and the State Historic Preservation Division. Disinterment of qualified gravesites shall comply with Chapter 6E H.R.S. - SCENIC AND OPEN SPACE RESOURCES: The residential buildings and landscaping will be compatible with the surrounding area. - COASTAL ECOSYSTEMS: The site has been previously developed. All surrounding and nearby areas have been developed in a similar manor as current and proposed development. No endangered flora or fauna, wetland, natural area reserve or wildlife refuge are situated on the project site. No diversions, disruption or degradation of waters will be necessary for this development. The proposed development will connect to existing County of Kaua`i wastewater infrastructure, no special waste treatment facilities will be necessary. - ECONOMIC USE: The project does not involve or relate to a harbor, port, use of agricultural lands, commercial fishing, or seafood production. The proposed development is a single family Units with CPR land ownership, while it is near to existing condominium projects, it is unrelated to them. ATTA CHMENT 3 PROJECT DESCRIPTION Attachment 3 Page 8 of 8 - COASTAL HAZARDS: The property is in the Tsunami Evacuation Zone. The property is in Flood Zone X, area of minimal flooding. The nearby shoreline experiences an erosion rate of -0.5 to -1 ft. per year - MANAGING DEVELOPMENT: The project will have no effect on the State’s Coastal Zoning Management Program’s ability to improve the development review process, communication, and public participation in the management of coastal resources and hazards no harm or prevent; use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development; facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process. - PUBLIC PARTICIPATION: The project will have no effect on the State’s Coastal Zoning Management Program’s ability to stimulate public awareness, education, and participation in coastal management; promote public involvement in coastal zone management processes; disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and organize workshops, policy dialogues, and site-specific mediations to respond to coastal issues and conflicts. - BEACH PROTECTION: The project area does not abut the shoreline; therefore, it will not interfere with the public use of nearby beaches. All structure related to the project will be inland from any shoreline setbacks. No erosion-protection structures seaward of the shoreline are proposed. - MARINE RESOURCES: The project will have no effect on the State’s Coastal Zoning Management Program’s ability to promote the protection, use, and development of marine and coastal resources to assure their sustainability; ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial; coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency; assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone; promote research, study, and understanding of ocean processes, marine life, and other ocean resources in order to acquire and inventory information necessary to understand how ocean development activities relate to and impact upon ocean and coastal resources; and encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources. ATTACHMENT 4-3 PRELIMINARY FLOOR PLAN (DUPLEX) KAUHALE O WAIPOULI Kapa`a Affrodable Housing Project Waipouli, Kawaihau, Kaua`i, Hawai`i TMK (4) 4-3-09: 51 & 71 Kauai Habitat for Humanity, Inc. P.O. Box 28, Eleele, HI 96705 November 2020 ATTACHMENT 4-4A PRELIMINARY ELEVATION PLAN (DUPLEX) KAUHALE O WAIPOULI Kapa`a Affrodable Housing Project Waipouli, Kawaihau, Kaua`i, Hawai`i TMK (4) 4-3-09: 51 & 71 Kauai Habitat for Humanity, Inc. P.O. Box 28 Eleele, HI 96705 November 2020 ATTACHMENT 4-4B PRELIMINARY BUILDING SKETCH PLANS KAUHALE O WAIPOULI Kapa`a Affrodable Housing Project Waipouli, Kawaihau, Kaua`i, Hawai`i TMK (4) 4-3-09: 51 & 71 Kauai Habitat for Humanity, Inc. P.O. Box 28 Eleele, HI 96705 November 2020 a. Description of the area and environment involved including flora and fauna, and other features; b. Description of the existing land uses of the project site and surrounding areas; c. Description of how the proposed project will affect the area involved and surrounding areas. Specifically the assessment should evaluate if the proposal: i. Involves an irrevocable commitment to loss or destruction of any natural or cultural resources, including but not limited to, historic sites, Special Treatment Districts as established by the County of Kauai Comprehensive Zoning ordinance, view planes or scenic corridors as outlined in the Community Development Plans, and recreation areas and resources; No. The proposed development does not involve the loss or destruction of any natural or cultural resources. The Kaua`i General Plan contains a set of Heritage Resources Maps, these maps document important natural, scenic and historic features that are . The East Kaua`i Heritage Resource map does not show any natural, cultural, or scenic resources on the project site. The project will not affect any Special Treatment Districts, view planes, or scenic corridors. Currently the view from Kuhio Highway to the shoreline is completely blocked off by a tall row of mature ironwood trees. The development will remove these trees and potentially open views to the shoreline. The new structures will be no more than 2 stories (or up to 45 ft.) tall. The Kapa`a Cultural Layer (Historic Site #01848, State Site #50-30-08-01848, SHPD Library K-00252) is located along Kuhio Highway, between Wana Road and the Waikaea Drainage Canal. Due to the close proximity of the project to the Kapa`a Cultural Layer archeological monitoring for the project is probably warranted for any significant subsurface impacts along Kuhio Highway or seaward thereof. Should subsurface features or qualified burials be unearthed during construction activities, work shall cease in the immediate area of the find and the find shall be protected from further damage. The Contractor will notify the County of Kaua`i Planning Department and the State Historic Preservation Division. Disinterment of qualified gravesites shall comply with Chapter 6E H.R.S. ii. Curtails the range of beneficial uses of the environment; No. There will be no long-term detrimental environmental and ecological effects that will result from the construction of a relatively small condominium development. Any environmental effects will be caused mostly by construction activities, as such, the effects will be temporary in nature, and short-lived. Once the construction of the new facilities is complete, temporary impacts will cease. Construction activities are regulated by State of Hawaii's Department of Health conditions, and the County of Kaua`i Best Management Practices for sediment and erosion control. iii. -term environmental policies or goals; No. The proposed development whole- sustainability plan and includes several innovations in line with these goals. Page 7 of the Hawaii 2050 Sustainability Plan, Ten Year Measurement Update, prepared by The Office of Planning for the Office of the Auditor, State of Hawaii, March 2018) establishes aims to implement these benchmarks as follows: Increase Affordable Housing Opportunities: As a 100% affordable housing project, this development directly fulfills the need for workforce housing. The majority of the units will be sold to qualified residents in the 50-80% AMI range. Some of the units will sell to residents in the 120% AMI range. Sustainable Way of Life: As truly affordable housing where total housing cost each unit gives the resident family housing security and financial stability; helping to root families in Kauai for generations to come. Social/Cultural Equity: Too many burdened by unaffordable high rents, and/or endure inadequate housing conditions. We will create a community of families, each unit featuring generous living spaces, multiple bedrooms, full kitchens, 2 car garages, and the ultimate luxury close proximity to the shoreline. At just 270 feet from accessible public beach, this workforce housing projects offers ocean views dents can live affordably, with dignity, and in close in higher income brackets. Reduce Reliance of Fossil Fuels: The units will be built to Kauai County energy standard that include sufficient ventilation to reduce or eliminate the need for cooling systems. Currently Kauai Habitat for Humanity, Inc. provides PPI Photovoltaic system on all home and these units will all have individual PV system installed as long as PV vendors are still offering a cost effect PV system at the time of Unit construction. The proposed development site is situated directly across from the Kapa`a Kauai Village Shopping Center and Waipouli Town Center shopping complexes putting shopping, dining, the bus line, county sidewalk, Ke Ala Hele Makalae Bike/Pedestrian Path, and an estimated 5,000+ jobs within walking distance. Parked cars reduce traffic, noise, pollution, and fossil fuel consumption. Economic Growth: This project will take several years to complete and call upon several professionals, companies, and skilled trades people. PAL Kauai is dedicated to hiring local workers and companies for this project, keeping Kauai dollars on Kauai, feeding the local economy while helping Kauai diversify and reduce reliance on the tourism industry. Affordable housing stimulates economic growth. With a greatly reduced monthly housing cost each family can free-up hundreds of dollars every month; much of that money inevitably finds its way back into the local economy. Environmental Protection: More greenspace and less hardscape; wherever possible our driveways and sidewalks will be composed of absorbent or water permeable pavers that meet County and State building codes. Unlike traditional concrete hardscaping, these materials minimize stormwater runoff and reduce erosion. Increase Production and Consumption of Local Foods: The proposed development provide local sourcing of food by the residents. iv. Substantially affects the economics or social welfare and the activities of the community, County or State; Yes. The proposed development will provide 17 workforce housing units in close proximity to business, shopping and transportation. As such, we see the potential for substantial positive effects on both economics and social welfare of the community. Those who experience a less than 30-minute commute report increased satisfaction, quality of life, & family time, and decreased pollution, attendance issues, transportation and childcare costs. v. In itself has no significant adverse effect but cumulatively has considerable effect upon the environment or involves a commitment for larger actions; No. No cumulative adverse effects are foreseen by developing the site in compliance with both the General and Zoning plan. The proposed project does not involve a commitment for larger actions in the immediate area and is not part of a multi-phased project. The proposed action represents the complete facility, with no plans for future system improvements. vi. Substantially affect a rare threatened, or endangered species of animal or plant, or its habitat; No rare threatened or endangered species are currently known to be on the property. If any are discovered in the course of development, mitigation measures will be employed to avoid or minimize project impacts to listed species during project construction and occupancy, as applicable. These mitigation measures include, but are not limited to, avoidance, biological monitoring, and training of construction employees to recognize protected species that may potentially be in the vicinity of the project site. vii. Detrimentally affects air or water quality or ambient noise levels; No. There are no foreseeable effects on water quality. The major impacts expected, although minimal, will be occurring because of the construction activities. No. Although fugitive dust and noises created during construction cannot be completely eliminated, such conditions can be mitigated and will only be temporary. During constructions, the Contractor shall be responsible to ensure that effective control measures are provided to minimize or prevent visible dust emissions, discharge of sediments, debris, and other water pollutants. The Contractor shall also be responsible for providing effective control measures to minimize or prevent construction related noise from impacting the residents in the immediate area. If required, noise reduction measures shall be implemented by the Contractor during the construction work. Proposed work shall comply with state erosion control standards, as well as the Construction Best Management Practices (BMPs) for Sediment and Erosion Control for the County of Kaua`i (County of Kaua`i, 2004). viii. Affects an environmentally sensitive area, such as flood plain, shoreline, tsunami zone, erosion-prone area, geologically hazardous land, estuary, fresh water or coastal water; Yes. The property is in the Tsunami Evacuation Zone. No other listed conditions apply. See Figures 5 and 6. ix. May have a major effect on the quality of the environment or affect the economic or social welfare of the area; and Yes. Our proposed building height will be shorter than surrounding condominium complexes and unlike those developments will be sold exclusively as workforce housing. This places a number of residents and families within walking distance of jobs, shopping, dining and the shoreline resulting in an improved quality of life and advanced social welfare. x. Would possibly be contrary to the policies and guidelines of the Rules and Subdivision Ordinances: No. There are no known contrary effects related to items listed above. d. Evaluation of the proposed development relative to the objective and policies as contained in Chapter 205A, HRS; and Section 3.0 of the Special Management Area (SMA) Rules and Regulations: - Coastal Hazards Have any seawalls/revetments/etc. been constructed or exist in the immediate vicinity? Yes (see Figures 3 and 4). TMK 4-4-3-9-48 is improved with a single-family home and is directly makai of the proposed development site. There appears to be a concrete and lava rock sea wall on the shoreline of this property. TMK 4-4-3-9-49 is a vacant lot with concrete pads presumably left behind from the demolition of a previous residence; it is also directly makai the site. The shoreline here and in front of TMK 4-4-3-9-40 appears to have naturally occurring or purposely placed lava rock boulders preceding the beach. Land Division shows a current permit application for TMK 4-4-3-9-49. TMK 4-4-3-9-41 is Kauai Kailani Condominium complex. The shoreline in front of this property is currently lined with large sandbags. We found no records of any seawall permits with Land Division for any of these properties, except as noted. Attachment 6 Page 1 of 8 ATTACHMENT 6 PHOTOS KAUHALE O WAIPOULI Kapa`a Affrodable Housing Project Waipouli, Kawaihau, Kaua`i, Hawai`i TMK (4) 4-3-09: 51 & 71 Kauai Habitat for Humanity, Inc. P.O. Box 28 Eleele, HI 96705 November 2020 Attachment 6 Page 2 of 8 Attachment 6 Page 3 of 8 INGRESS AND EGRESS PHOTOS Ingress and Egress Photo ( EI.1 ) Ingress and Egress Photo ( EI.2 ) Ingress and Egress Photo ( EI.3 ) Ingress and Egress Photo ( EI.4 ) Attachment 6 Page 4 of 8 Attachment 6 Page 5 of 8 NEIGHBORING PROPERTIES PHOTOS Neighboring Properties Photo ( NP.1 ) Neighboring Properties Photo ( NP.2 ) Neighboring Properties Photo ( NP.3 ) Neighboring Properties Photo ( NP.4 ) Attachment 6 Page 6 of 8 Neighboring Properties Photo ( NP.5 ) Neighboring Properties Photo ( NP.6 ) Neighboring Properties Photo ( NP.7 ) Neighboring Properties Photo ( NP.8 ) Attachment 6 Page 7 of 8 Neighboring Properties Photo ( NP.9 ) Neighboring Properties Photo ( NP.10 ) Neighboring Properties Photo ( NP.11 ) Neighboring Properties Photo ( NP.12 ) Attachment 6 Page 8 of 8 Neighboring Properties Photo ( NP.13 ) Neighboring Properties Photo ( NP.14 ) Neighboring Properties Photo ( NP.15 ) OLD REPUBLIC Title & Escrow of Hawaii Will Any Of These Situations Affect your Transaction? 1.Are your principals exchanging this property? 2.Will your principals be using a power of attorney? 3.Are any of the parties on title deceased? 4.Has there been a change of marital status? 5.Do any of the parties signing NOT have a photo ID or Driver’s License? 6.Will there be a new entity formed (e.g. Partnership or Corporation)? 7.Have any of the principals recently filed bankruptcy? 8.Are the sellers of this property not residents of the State of Hawaii? 9.Are any of the principals minors? 10.Is this commercial property? If you answered “yes” to any of these questions, Please contact your escrow officer. Attachment 7 Page 1 of 18 ATTACHMENT 7 PRELIMINARY TITLE REPORT KAUHALE O WAIPOULI Kapa`a Affrodable Housing Project Waipouli, Kawaihau, Kaua`i, Hawai`i TMK (4) 4-3-09: 51 & 71 Kauai Habitat for Humanity, Inc. P.O. Box 28 Eleele, HI 96705 November 2020 OLD REPUBLIC TITLE & ESCROW OF HAWAII For Exceptions Shown or Referred to, See Attached Page 1 of 6 Pages ORT 3158-A (Rev. 08/07/08) 3176 Poipu Road, Unit 3 Koloa, HI 96756 (808) 742-1494 Fax: (808) 356-0385 PRELIMINARY REPORT A -UPDATE Our Order Number 6822002661-BJ When Replying Please Contact: Bea Jeal Escrow Officer bjeal@ortc.com (808) 742-1494 KAUAI REALTY, INC. 2403 Ulu Maika Street Lihue, HI 96766 Attention: ERIC YAMA Buyer: PAL KAUAI Property Address: 4-870 Kuhio Highway, Kapaa, HI 96746 In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE & ESCROW OF HAWAII, as issuing Agent of Old Republic National Title Insurance Company, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit I attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit I of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of March 16,2020,at 8:00 AM Attachment 7 Page 2 of 18 OLD REPUBLIC TITLE &ESCROW OF HAWAII ORDER NO. 6822002661-BJ A -UPDATE Page 2 of 6 Pages ORT 3158-B The form of policy of title insurance contemplated by this report is: Homeowners Policy of Title Insurance -2013; AND ALTA Loan Policy -2006. A specific request should be made if another form or additional coverage is desired. The estate or interest in the land hereinafter described or referred or covered by this Report is: Fee Simple Title to said estate or interest at the date hereof is vested in: C.S. FUJII, Trustee of the Creighton Fujii Family Trust, dated March 31, 2014, with full powers to sell, convey, mortgage, lease, etc. The land referred to in this Report is situated in the State of Hawaii, and described as follows: See Legal Description Exhibit. At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1. 2.Taxes and assessments, general and special, which are a lien, whether due, payable, delinquent or otherwise, for the fiscal year 2019 -2020: Tax Map Key :4-4-3-009-051 3.Taxes and assessments, general and special, which are a lien, whether due, payable, delinquent or otherwise, for the fiscal year 2019 -2020: Tax Map Key :4-4-3-009-071 (AS TO ITEM II) 4.The fact that the premises covered herein may be subject to possible rollback or retroactive property taxes due to possible loss of tax credit or exemption status. 5.Mineral and water rights of any nature in favor of the State of Hawaii. Attachment 7 Page 3 of 18 OLD REPUBLIC TITLE &ESCROW OF HAWAII ORDER NO. 6822002661-BJ A -UPDATE Page 3 of 6 Pages ORT 3158-B 6.An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument :RIGHT-OF-ENTRY Granted To :GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED For :a right-of-entry and temporary easement for construction and maintenance of power and communication lines Dated :April 19, 1977 Recorded :July 22, 1977 in the Bureau of Conveyances, State of Hawaii, in Book 12336, Page 528 7.AFFIDAVIT Recorded :March 15, 2012 in the Bureau of Conveyances, State of Hawaii, as Document No. A-44570355 Executed By :EDUARDO L. PORTUGAL And Between :CREIGHTON S. FUJII 8.EASEMENT “E-2” For: electrical purposes As per Subdivision S-2011-09 recorded March 15, 2012, in the Bureau of Conveyances, State of Hawaii, as Document No. A-4457355. (AS TO ITEM I, PARCEL FIRST) 9.EASEMENT “E-3” For: electrical purposes As per Subdivision S-2011-09 recorded March 15, 2012, in the Bureau of Conveyances, State of Hawaii, as Document No. A-4457355. (AS TO ITEM I, PARCEL SECOND) Attachment 7 Page 4 of 18 OLD REPUBLIC TITLE &ESCROW OF HAWAII ORDER NO. 6822002661-BJ A -UPDATE Page 4 of 6 Pages ORT 3158-B 10.An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument :GRANT OF EASEMENT Granted To :HAWAIIAN TELCOM, INC., a Hawaii corporation For :a right and easement to construct, reconstruct, operate, maintain, repair and remove poles, guy wires, anchors, pullboxes, handholes, overhead and underground wire lines Dated :June 20, 2013 Recorded :September 13, 2013 in the Bureau of Conveyances, State of Hawaii, as Document No. A-50040816 11.Mortgage to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, with power of sale and assignment of rents. Amount :$276,500.00 Mortgagor :CREIGHTON SEIICHI FUJII, unmarried Mortgagee :MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as a nominee for AMERICAN SAVINGS BANK, F.S.B., a Federal Savings Bank organized and existing under the laws of the United States of America, with full powers to sell, convey, mortgage, lease, etc. Dated :March 14, 2013 Recorded :March 21, 2013 in the Bureau of Conveyances, State of Hawaii, as Document No. A-48280112, and in the Office of the Assistant Registrar of the Land Court, State of Hawaii, as Document No. T- 8480088 Loan No.:9609533 MIN NO.: 1001476-0009609533-5 NOTE: This loan appears to be registered with Mortgage Electronics Registration Systems, Inc. ("MERS"). Accordingly, the name, address and telephone number of the loan servicer should be obtained by calling the toll-free number, 1-888-679- MERS, and referring to the Mortgage Identification Number ("MIN") shown above Attachment 7 Page 5 of 18 OLD REPUBLIC TITLE &ESCROW OF HAWAII ORDER NO. 6822002661-BJ A -UPDATE Page 5 of 6 Pages ORT 3158-B 12.Mortgage to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, with power of sale and assignment of rents. Amount :$145,000.00 Mortgagor :CREIGHTON SEIICHI FUJII, unmarried Mortgagee :AMERICAN SAVINGS BANK, F.S.B., a federal savings bank Dated :March 14, 2013 Recorded :March 21, 2013 in the Bureau of Conveyances, State of Hawaii, as Document No. A-48280113, and in the Office of the Assistant Registrar of the Land Court, State of Hawaii, as Document No. T- 8480089 NOTE: Said Mortgage appears to secure a Revolving Line or Equity Line of Credit. If this loan is to be paid off and reconveyed through this transaction, the Company will require a written statement from the Beneficiary/Lender that a freeze is in effect on the account, and that the demand for payoff from the Beneficiary/Lender states that a reconveyance will be issued upon payment of the amounts shown therein. The Beneficiary/Lender may be assisted in freezing this account by receiving a creditline freeze authorization letter signed by the Trustor/Borrower/Seller with the request for payoff demand. A sample copy of a typical such letter is available from the Company upon request. 13.Terms and provisions contained in the Creighton Fujii Family Trust, dated March 31, 2014, as disclosed in QUITCLAIM DEED, recorded April 28, 2014, in the Bureau of Conveyances, State of Hawaii, as Document No. A-52310253. 14.Terms and provisions contained in the Creighton Fujii Family Trust, Dated March 31, 2014, as disclosed in Quitclaim Deed, recorded April 28, 2014, in the Office of the Assistant Registrar of the Land Court, State of Hawaii, as Document No. T-8883166. 15.The requirement that this Company be provided with a suitable Owner's Declaration (form ORT 174). The Company reserves the right to make additional exceptions and/or requirements upon review of the Owner's Declaration. 16.The Homeowner’s Policy applies only if each insured named in Schedule A is a Natural Person (as Natural Person is defined in said policy). If each insured to be named in Schedule A is not such a Natural Person, contact the Title Department immediately. Attachment 7 Page 6 of 18 OLD REPUBLIC TITLE &ESCROW OF HAWAII ORDER NO. 6822002661-BJ A -UPDATE Page 6 of 6 Pages ORT 3158-B --------------------Informational Notes ------------------- A.There is hereby omitted from any covenants, conditions, restrictions, reservations, agreements, obligations, easements and other provisions, any covenants or restrictions, if any, based upon race, color, religion, sex, including gender identity or expression, sexual orientation, handicap, disability, age, marital status, familial status, national origin, ancestry, source of income, etc., as set forth in applicable state or federal law, unless and only to the extent that said covenant or restriction is permitted by applicable law. Lawful restrictions under state or federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. B.NOTE: According to the public records, there have been no deeds conveying the property described in this report recorded within a period of 36 months prior to the date hereof except as follows: NONE C.Short Term Rate (“STR”) does not apply. Attachment 7 Page 7 of 18 Page 1 of 4 ORDER NO. : 6822002661-BJ LEGAL DESCRIPTION EXHIBIT The land referred to in this Report is situated in the State of Hawaii, and described as follows: ITEM I: PARCEL FIRST: LOT D-1 Portion of Lot D NiulaniTrace (First Addition) As shown on File Plan 435 Being a portion of Royal Patent 7373, Land Commission Award 8559-B, Apana 42 to W. C. Lunalilo Land situated at Waipouli, Kawaihau, Kauai, Hawaii Beginning at the Northwest corner of this parcel of land, the Northeast corner of Lot D-2 portion of Lot D and Niulani Trace, (First Addition) File Plan 435 and the Southwest cornerofLot E-1 portion of Lot E, Niulani Tract, (First Addition) File Plan 435, the coordinates of said point of beginning referred to Government Survey Triangulation Station “NONOU” being 492.17 feet North and 11,831.48 feet East, thence running by azimuths measured clockwise from True South: 1. 284° 17’12.89 feet along Lot E-1, portion of Lot E Niulani Tract (First Addition) File Plan 435; 2. 15° 50’53.80 feet along Lot 21 (Map 4) Land Court Application No. 276; 3. 115° 01’19.55 feet along Lot C Niulani Tract, (First Addition) File Plan 435; 4.Thence along Lot D-2, portion of Lot D Niulani Tract (First Addition) File Plan 435 on a curve to the left with a radius of 1034.00 feet, the chord azimuth and distance being: 203° 05’ 32”50.74 feet to the point of beginning and containing an area of 832 square feet, more or less, as per survey dated December 2, 2010 by Eduardo L. Portugal, Licensed Professional Land Surveyor, Certificate No. 12973. Attachment 7 Page 8 of 18 Page 2 of 4 PARCEL SECOND: LOT E-1 Portion of Lot E Niulani Tract, (First Addition) As shown on File Plan 435 Being a portion of Royal Patent 73783, Land Commission Award 8559-B, Apana 42 to W. C. Lunalilo Land situated at Waipouli, Kawaihau, Kauai, Hawaii Beginning at the Southwest corner of this parcel of land, the Southeast corner of Lot E-2 portion of Lot E Niulani Tract (First Addition) File Plan 435, and the Northwest corner of Lot D-1 portion of Lot D Niulani Tract, (First Addition) File Plan 435, the coordiantes of said point of beginning referred to Government Survey Triangulation Station “NONOU” being 49+2.17 feet North and 11,831.48 feet East, thence running by aizmuths measured clockwise from True South: 1.Thence along Lot E-2, portion of Lot E Niulani Tract, (First Addition) File Plan 435 on a curve to the left with a radius of 1034.00 feet, the chord azimuth and distance being: 199° 44’ 15”70.37 feet; 2. 284° 17’8.10 feet along Lot F-1, portion of Lot F Niulani Tract, (First Addition) File Plan 435; 3. 15° 50’70.02 feet along Lot 22 (Map 4) Land Court Application 276; 4. 104° 17’12.89 feet along Lot D-1, portion of Lot D Niulani Tract, (First Addition) File Plan 435 to the point of beginning and containing an area of 707 square feet, more or less, as per survey dated December 2, 2010 by Eduardo L. Portugal, Licensed Professional Land Surveyor, Certificate No. 12973. TOGETHER WITH vehicular access permitted over and across the following: Beginning at the South end of this access permitted boundary, the true azimutha nd distance from the initial point of the above described Lot E-1 being, thence along Lot E-2, portion of Lot E Niulani Tract, (First Addition) File Plan 435 on a curve to the left with a radius of 1034.00 feet, the chord azimuth and distance being 200° 54’ 35” 28.02 feet, thence running by azimuths measured clockwise from True South: 1.Thence along Lot E-2 protion fo Lot E Niulani Tract, (First Addition) File Plan 435 on a curve to the left with a radius of Attachment 7 Page 9 of 18 Page 3 of 4 1034.00 feet, the chord azimuth and distance being: 199° 34’ 45”20.00 feet, as per survey dated December 2,2010 by Eduardo L. Portugal, Licensed Professional Land Surveyor, Certificate No. 12973. ITEM II: All that certain parcel of land situate at Waipouli, District of Kawaihau, Island and County of Kauai, State of Hawaii, described as follows: LOTS:21, area 7,640.0 square feet; 22, area 8,104.0 square feet; 29, area 10,828.0 square feet; 30, area 8,750.0 square feet as shown on Map 4, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 276 of Gaylord Parke Wilcox. TOGETHER with an easement in the nature of a road right of way, to be used in common with Suekichi Otsuka and Shige Otsuka, husband and wife, and others entitled thereto, over and across Lot 45, as shown on Map 4 of said Land Court Application No. 276; TOGETHER, also with right of access to Kauai Belt road over Lot C of "Niulani Tract" (First Addition), File Plan No. 435, as created by Land Court Order No. 7704 filed September 26, 1947. Being the premises acquired by: QUITCLAIM DEED Recorded :April 28, 2014 in the Bureau of Conveyances, State of Hawaii,as Document No.A-52310253, and in the Office of the Assistant Registrar of the Land Court, State of Hawaii, as Document No. T- 8883166 Grantor :CREIGHTON SEIICHI FUJII, unmarried Grantee :C.S. FUJII, Trustee of the Creighton Fujii Family Trust, Dated March 31, 2014, with full powers to sell, convey, mortgage, lease, etc. Being the property described in and covered by Transfer Certificate of Title No. 1,077,431 Attachment 7 Page 10 of 18 Page 1 of 2 Exhibit I CLTA HOMEOWNER’S POLICY OF TITLE INSURANCE (12/02/13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a.building; b.zoning; c.land use; d.improvements on the Land; e.land division; and f.environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4.Risks: a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c.that result in no loss to You; or d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack of a right: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws. 8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence. 9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1.00% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 18:1.00% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19:1.00% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21:1.00% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Attachment 7 Page 11 of 18 Page 2 of 2 Exhibit I AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE INSURANCE (06/17/06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE SCHEDULE B -PART I Except as provided in Schedule B -Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees, or expenses that arise by reason of: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy. Attachment 7 Page 12 of 18 rev. 09/2019 FACTS WHAT DOES OLD REPUBLIC TITLE DO WITH YOUR PERSONAL INFORMATION? Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depend on the product or service you have with us.This information can include: •Social Security number and employment information •Mortgage rates and payments and account balances •Checking account information and wire transfer instructions When you are no longer our customer, we continue to share your information as described in this notice. How? All financial companies need to share customers’personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Old Republic Title chooses to share; and whether you can limit this sharing. Reasons we can share your personal information Does Old Republic Title share? Can you limit this sharing? For our everyday business purposes —such as to process your transactions, maintain your account(s), or respond to court orders and legal investigations, or report to credit bureaus Yes No For our marketing purposes — to offer our products and services to you No We don’t share For joint marketing with other financial companies No We don’t share For our affiliates’everyday business purposes — information about your transactions and experiences Yes No For our affiliates’everyday business purposes — information about your creditworthiness No We don’t share For our affiliates to market to you No We don’t share For non-affiliates to market to you No We don’t share Questions Go to www.oldrepublictitle.com (Contact Us) Attachment 7 Page 13 of 18 Page 2 Who we are Who is providing this notice?Companies with an Old Republic Title name and other affiliates. Please see below for a list of affiliates. What we do How does Old Republic Title protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law.These measures include computer safeguards and secured files and buildings. For more information, visit http://www.OldRepublicTitle.com/newnational/Contact/privacy. How does Old Republic Title collect my personal information? We collect your personal information, for example, when you: ·Give us your contact information or show your driver’s license ·Show your government-issued ID or provide your mortgage information ·Make a wire transfer We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can’t I limit all sharing?Federal law gives you the right to limit only: ·Sharing for affiliates’ everyday business purposes -information about your creditworthiness ·Affiliates from using your information to market to you ·Sharing for non-affiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See the "Other important information" section below for your rights under state law. Definitions Affiliates Companies related by common ownership or control.They can be financial and nonfinancial companies. • Our affiliates include companies with an Old Republic Title name, and financial companies such as Attorneys’Title Fund Services, LLC, Lex Terrae National Title Services, Inc., Mississippi Valley Title Services Company, and The Title Company of North Carolina. Non-affiliates Companies not related by common ownership or control.They can be financial and non-financial companies. •Old Republic Title does not share with non-affiliates so they can market to you Joint marketing A formal agreement between non-affiliated financial companies that together market financial products or services to you. •Old Republic Title doesn’t jointly market. Attachment 7 Page 14 of 18 Page 3 Other Important Information Oregon residents only: We are providing you this notice under state law. We may share your personal information (described on page one) obtained from you or others with non-affiliate service providers with whom we contract, such as notaries and delivery services,in order to process your transactions. You may see what personal information we have collected about you in connection with your transaction (other than personal information related to a claim or legal proceeding). To see your information, please click on "Contact Us" at www.oldrepublictitle.com and submit your written request to the Legal Department.You may see and copy the information at our office or ask us to mail you a copy for a reasonable fee. If you think any information is wrong, you may submit a written request online to correct or delete it. We will let you know what actions we take. If you do not agree with our actions, you may send us a statement. Affiliates Who May be Delivering This Notice American First Title & Trust Company American Guaranty Title Insurance Company Attorneys' Title Fund Services, LLC Compass Abstract, Inc.eRecording Partners Network, LLC Genesis Abstract, LLC Guardian Consumer Services,Inc. Kansas City Management Group, LLC L.T. Service Corp.Lenders Inspection Company Lex Terrae National Title Services, Inc. Lex Terrae, Ltd.Mississippi Valley Title Services Company National Title Agent's Services Company Old Republic Branch Information Services, Inc. Old Republic Diversified Services, Inc. Old Republic Escrow of Vancouver, Inc. Old Republic Exchange Company Old Republic National Title Insurance Company Old Republic Title and Escrow of Hawaii, Ltd. Old Republic Title Co.Old Republic Title Company of Conroe Old Republic Title Company of Indiana Old Republic Title Company of Nevada Old Republic Title Company of Oklahoma Old Republic Title Company of Oregon Old Republic Title Company of St. Louis Old Republic Title Company of Tennessee Old Republic Title Information Concepts Old Republic Title Insurance Agency, Inc. Old Republic Title, Ltd.Republic Abstract & Settlement , LLC Sentry Abstract Company The Title Company of North Carolina Trident Land Transfer Company, LLC Attachment 7 Page 15 of 18 Attachment 7 Page 16 of 18 737 Bishop Street, Suite 2200 Honolulu, HI 96813 (808) 566-0100 Fax: (808) 522-1375 Dated as of March 16, 2020 at 8:00 AM LIEN REPORT A -UPDATE Order No.:6822002661-BJ OLD REPUBLIC TITLE CORPORATION has carefully researched the indices in the Bureau of Conveyances of the State of Hawaii as to the following Party or Parties: PAL KAUAI and have found the following liens against the above named Party or Parties: NONE Attachment 7 Page 17 of 18 737 Bishop Street, Suite 2200 Honolulu, HI 96813 (808) 566-0100 Fax: (808) 522-1375 FINANCING STATEMENT REPORT A -UPDATE Issued for the sole use of Our Order No.6822002661-BJ Kauai Realty, Inc. 2403 Ulu Maika Street Lihue, HI 96766 Attn: ERIC YAMA Title Officer: Property Address: 4-870 Kuhio Highway, Kapaa, HI 96746 Dated as of March 16, 2020 at 8:00 AM We hereby certify that we have carefully examined the indices in the Bureau of Conveyances of the State of Hawaii for any Financing Statement, Amendments of Financing Statements, Assignments of Financing Statements and Continuations of Financing Statement executed by the hereinafter names Party or Parties affecting the property described in the preliminary report to which this report is attached: PAL KAUAI And we further certify that said indices do not disclose the existence of any such Financing Statement, Amendments of Financing Statements, Assignments of Financing Statements and Continuations of Financing Statements on said Party or Parties recorded since 3/17/2015 except: NONE Attachment 7 Page 18 of 18 LIST OF ATTACHMENTS ATTACHMENT 1 Letter of Authorization ATTACHMENT 2 Project Valuation Estimate ATTACHMENT 3 Project Description ATTACHMENT 4 Plot Plans ATTACHMENT 5 Project Assessment Addendum ATTACHMENT 6 Photos ATTACHMENT 7 Preliminary Title Report Shanlee Jimenez From: Sent: To: Subject: Planning Department Monday,June21,2021 11:46 AM Shanlee Jimenez FW:Kauai Planning Commision Habitat for humanity affordable homeownership From:luisa vaca <esunperuanismo@hotmail.com> Sent:Monday,June 21,2021 11:39 AM To:Planning Department <planningdepartment@kauai.gov> Subject:Kauai Planning Commision Habitat for humanity affordable homeownership CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, 1 am grateful for all that Habitat for humanity does for the community.But I am writing to express my strong opposition to Habitat For Humanity proposed 17-unit development in the vicinity of 2 parcels in Waipouli located along the Makai side of 4-870 Kuhio highway Kapaa.Tax map keys:4-3-009:051 and 4-3-009:071. 1 am an owner of a condo in Kauai Kailani complex address:4-856 Kuhio Hwy Unit 320B Kapaa.Just 300 feet away from this proposal.As you can see is in my neighborhood and very near my building.Here are the concerns 1 want to share with you: -"Proposed Structures"does not give parking space details,Habitat for humanity may believe that most oftheir residents will not have vehicles.In reality,with limited public transportation,these build-outs WILL yield vehicles and then parking becomes a real issue once these homes are occupied.We also should be aware that the ingress/egress into this proposed development is via the same Wana road we have access now to both Kauai Kailani buildings,at the present moment our buildings are lacking several parking spaces. -Vehicle congestion and safety.Trafficand safetyofpedestrians are majorareasofconcern.Trafficbacks upthearea Getting onto Kuhio highway from our access road (Wana Rd)is ALREADY a challenge due to the busy Kuhio highway.More vehicles using this road and access will only add to the congestion and will create additional safety concerns and dangerous traffic back-ups.The bike path is our crossing street,this raises concern for those usingthis path daily. -It is unclearwhetherthese homeswill be one story or multi-level.With such a high density 17-home proposal, these units would almost have to be multi-level to get enough square footage per home.This would dramatically change thejandscape of our neighborhood.Placing 17 units ^^.^l*d.l' JUL 1 3 2021 on what are currently two-tax lot single home dwellings will have a significant negative impact on the quiet neighborhood for Kauai Kailani owners. Thank you for your continued service and support of our communities. Best regards, Luisa Vaca Kauai Kailani 4-856 Kuhio hwy.unit 320B Kapaa Hl 96746 .& ••.y-W t»<t»,"", Shanlee Jimenez From: Sent: To: Subject: Planning Department Friday,June25,2021 7:56 AM Shanlee Jimenez FW:hlFH Proposal for 17-Unit Housing Project in Waipouli From:Nurseg2004@yahoo.com <Nurseg2004@yahoo.com> Sent:Friday,June 25,2021 4:15 AM To:Planning Department <planningdepartment@kauai.gov> Subject:HFH Proposal for 17-Unit Housing Project in Waipouli CAUTION:Thisemail originated from outsidethe CountyofKauai.Do not click links oropen attachments even ifthe sender is known to you unless it is something you were expecting. To:Kauai PlanningCommission Re:Habitat For Humanity Proposal for 17-Unit Low-lncome Housing in Waipouli June 24,2021 To Whom It May Concern: 1 am writing in regards to the upcoming hearing on the proposed Habitat for Humanity construction project at 4-870 Kuhio HiKhwav in Waioouli. 1 have carefully reviewed the information provided by Habitat for Humanity and 1 applaud their noble efforts to provide affordable home ownership to families and individuals on Kauai.However,1 have some majorconcernsaboutthis particular project. It is my opinion that 17 housing units (eight duplexes and one single family residence)on two parcels (one of which currently has ONE single family home),is excessive.That is simply too many units for two parcels.Halfthatmanywould be much more reasonable andwould createa much more livable space for future occupants.If 17 units are needed,a different location would certainly be better. There is no mention of parking in the information sent to me by HFH.I would hope that parking for two or more vehicles per unit would be provided ifthis is to be a reasonable,successful development.On attachment4-lofthe proposed structures (sent byHFH)1 can see noevidenceofparkingplaces.Most families own at least two vehicles.Even those who do not may very well own at least two as their children grow and begin driving.In addition,many,if not all of the units will be sold at some point in the future and the new owners will likely own more than one vehicle.There is no good street parking in the area,so parking would need to be provided for each of the parcels in question. 1 see that access to the units would be via heavily trafficked,very narrow,Wana Road.This will all but eliminatethe privacyand integrityofthe Kauai Kailanicondominium development located directly across Wana road from the parcels.The owners at Kauai Kailani purchased their units with the expectancyofa quiet,peaceful neighborhood and every effort should betakento preservethat expectation.Seventeen units will bring significant noise and almost complete lack of privacy.Attj ^.4A ^UL 1 3 2021 least,a high,permanent fence on the edge ofthe proposed development at Wana Road should be provided. Also,and perhaps most important,traffic on Kuhio Highway in that area is very,very heavy much ofthe time.Adding 17 housing units in that location will significantly and negatively impact the very serious and dangerous traffic problem.Ifthis project is allowed as proposed,an alreadydangerous problemwill become even more dangerous. 1 urgeyouto considertheveryseriousimpactthisprojectwill have on the area ifitis allowed as proposed.While 1 entirely support ofthe the work of HFH,this is not the right location. ThankYou, Geneva Reddoch Kauai Kailani#213 4-856 Kuhio Highwav Kaoaa,Hl96746 Sent from my iPhone ^*.^<-•"*-^•t Ka'aina S.Hull Director of Planning Jodi A.Higuchi Sayegusa Deputy DirectorofPlanning COUNTY OF KAUA'I PLANNING DEPARTMENT DIRECTOR'S REPORT '-•"'•iEKfT ..:\.'n^:^^.*l-*!i I.SUMMARY Action Required by PIanning Commission: Consideration of a Special Management Area Use Permit for the construction of eight (8)two-story multi-family buildings and a two-story single-family dwelling,consisting oftwelve (12)three (3)bedroom units and five (5)2-bedroom units for a total of seventeen (17)residential units. Permit Application Nos.Special Management Area Use Permit SMA(U)-2021-8 Name of Applicant(s)KAUA'I HABITAT for HUMANITY,INC. II.PERMIT INFORMATION V:\202I Mastcr FiIes\Rcgulatory\SMA Permits\SMA Usc Permits\SMA(U)-2021-8\Repon\Repon-I 06.26.21_SMA(U)-2021-8 Kapaa Habitat.docx F.^.^.21 Kapaa JUL 1 3 2021 PERMTTS REQUIRED I1 Use Permit Project Development Use Permit I1 Variance Permit 1I Special Permit [_]Zoning Permit Class DIV III Special Management Area Permit I^Use Q Minor Pursuant to Section 205A of the Hawaii Revised Statutes (I4RS)and the Special Management Area Rules and Regulations of the County of Kaua'i,the change in intensity of use of land,including but not limited to the division or subdivision of land;which constitutes "Development". Therefore,a SMA Use Permit is required as defined in Section 7.3 of the SMA Rules. AMENDMENTS I1 Zoning Amendment [_]General Plan Amendment Date of Receipt of Completed Application:May 28,2021 Date of Director's Report:June 26,2021 Date of Public Hearing:JULY 13,2021 Deadline Date for PC to Take Action (60 Day):July27,2021 III.PROJECTDATA SMA(U)-2021-8;Dircctor's Repon Kaua'i Habitat forHumanity,Inc. June23,2021 a|Pag e D State Land Use District Amendment PROJECT INFORMATION Parcel Location:The project sites are located offKuhio Highway at the intersection of Wana Road,situated across the Kaua'i Shopping Village and Kaua'i Choy Village. Tax Map Key(s):(4)4-3-009:071and051 Area:ParceI071 .40 acres Parcel 051 .45 acres Total:0.85 acres (37,026 s.f.) ZONING &DEVELOPMENT STANDARDS Zoning:Residential (R-20) State Land Use District:Urban General Plan Designation:Neighborhood Center Height Limit:No multiple family buildings,hotel or motel,shall be more than ten (10)feet higher than any residential building located within thirty (30)feet of the building,or shall not exceed four (4)stories nor exceed forty (40)feet from finished grade at each point along the building to the highest wall plate line.Gables and roof height shall not exceed one-half (1/2)the wall height or fifteen (15)feet, whichever is less.The limits contained in this Section shall not apply to spaces containing mechanical equipment,such as elevator machinery and air conditioning units,but the spaces shall not exceed fifteen (15)feet above the highest wall plate line. Max.Land Coverage:90%maximum Front Setback:lO'-O" Rear Setback:5'or '/2 the wall plate height whichever is greater Side Setback:5'or */2 the wall plate height whichever is greater IV.LEGAL REQUIREMENTS Section 8.0,9.0,and 10.0 of the Special Management Area Rules and Regulations: This report is being transmitted to the Applicant and Planning Commission in order to satisfy the requirements of Sections 8.0,9.0 and 10.0 of the Special Management Area Rules and Regulations.The application was received on May 28,2021 and the Applicant,through its authorized agent,was notified accordingly of the Planning Department's intent to commence permit processing. Public Hearing Date:JULY 13,2021 V.PROJECT DESCRIPTION AND USE The proposed development is an affordable housing project that will be offered to qualifying buyers for sale and consists oftwelve (12)3-bedroom units and five (5)2- bedroom units for a total of seventeen residential units along with associated site improvements such as grading,drainage system,water connections,wastewater sewer connections,and landscaping.The development will be placed on two (2)adjacent parcels identified as TMKs (4)4-3-009:071 and 051. Currently,there is an existing single-family dwelling located on parcel 71,built in 1958. The applicant is seeking to relocate parts of the existing residence to another lot.The remaining portions of the existing residence that is built on a concrete slab will be demolished.The applicant represented that if they cannot find an interested party in purchasing the remaining portions of the existing dwelling,it will be dismantled and any reusable materials will be sold at the Habitat Restore located in Hanapepe or other reuse stores located on the East Side of Kaua'i.In addition,the existing driveway serving Parcel 71 will beremoved. The trees on Parcels 51 and 71 (where the new driveway is being proposed along Wana Road)will be removed.The remaining trees on the project site will be topped off and trimmed. As represented,the applicant is proposing to constmct eight (8)2-story multi-family units and a 2-story single-family dwelling (Unit 17).Units 1-8,1 1-13,and 14 are thiee (3) bedrooms units (3BR),whereas Units 9,10,15-17 are 2-bedroom units (2BR).The 3BR SMA(U)-202I-8;Dircctor's Report Kaua'i Habitat for Humanity,Inc. June23,2021 3|Page Community Plan Area:Kapa'a -Wailua Development Plan Community Plan Land Use Designation:N/A Deviations or Variances Requested:N/A Unit has a total living space of approximately 1,052 square feet (SF)and the 2 BR Unit has a total are of 920 square feet (SF).It is noted that the area given excludes the garage, stairways,and lanais.The units will be on Concrete Masonry Units (CMU)columns with LP smartside siding with eight (8)inch grooves with gable roof styles finished with composition shingles (see attachment 4-4A). VI.APPLICANT'S REASONS/JUSTIFICATION The proposed development is to provide affordable housing for Kaua'i .Thirteen (13)of the seventeen (17)units will be sold below 80%of Kaua'i County's Area Median Income (AMI)and the remaining four (4)units will be sold below 115%of the Kaua'i County's AMI. VII.ADDITIONAL FINDINGS 1.The project sites is located off Kuhio Highway at its intersection with Wana Road, situated across the Kaua'i Village Shopping Center,Kaua'i Choi Village,and is approximately 240 feet from the shoreline (see Figures 1,2,and 3).The subject parcels are accessed off Kuhio Highway and Wana Road,although the applicant intends to restrict access to the property via Wana Road only. 2.The State Land Use District (SLUD)designation for parcel 71 and 51 is "Urban"which allows for urban growth in a specified are. 3.The property is situated within the Kapa'a-Wailua Development PIan (KWDP), however per section 10-l.l(c)(2),the KWDP only applies to those parcels located with Special Planning Areas A,B,and C.The subject parcel is not located within those designations. 4.The proposed development is not a shoreline property but within the 500 feet shoreline setback threshold,pursuant to the County's shoreline setback requirements contained in Chapter 8,Article 27 ofthe Kaua'i County Code (1987),as amended will be applicable to this project.A shoreline setback determination (SSD-2021-2)was completed on July 6,2020.The proposed development is in accordance with the shoreline setback ordinance as required. 5.The subject properties is NOT located within the Visitor Designation Area (VDA)and the General PIan designation (GP)is "Neighborhood Center".According to the GP, areas designated as Neighborhood Center is a new designation focused on historic town cores and corresponds to existing or future areas appropriate for accommodating infill development and growth. 6.The subject parcels are located within the Zone 'X'of the Federal Emergency Management Agency (FEMA)Flood Insurance Rate Map and is outside of the 0.2% SMA(U)-2021-8;Director's Report Kaua'i Habitat for Humanity,Inc. June23,2021 4|Page susceptible to 1%annual chance floodplain.The parcels are also within the extreme tsunami evacuation zone. 7.The topography is relatively flat and grading of the project area will be very minimal and not negatively impact drainage in the area. 8.Special Management Area (SMA) In addressing the issues of the Special Management Area and its objectives and policies,the following aspects will be considered and evaluated: a.Recreational Resources b.Cultural/Historic Resources c.Scenic resources d.Coastal Hazard e.Coastal Ecosystem Furthermore,the proposal does not: •Involve dredging,filling or otherwise altering any bay,salt marsh,river mouth,slough or lagoon; •Reduce the size of any beach or other area usable for public recreation; •Reduce or impose restrictions upon public access to tidal and submerged lands,beaches,rivers,and streams within the SMA;and •Adversely affect water quality,existing areas of open water free of visible structures,existing and potential fisheries and fishing grounds,wildlife habitats,estuarine sanctuaries,potential or existing agriculture uses of land. 9.CZO Development Standards The proposed development is subjected to standards prescribed in Sections 8-4.3. a.Setback Requirements:Front property line setbacks are ten feet (lO'-O )with a side and rear property line setback of five feet (5'-0")or half the distance of the plate height whichever is greater. b.Parking Requirements:The applicant shall provide two (2)off-street parking spaces per dwelling unit.A total of34 off-street parking spaces shall be provided for the proposed development. SMA(U)-2021-8;Director'sRepon Kaua'i Habitat for Humanity,Inc. June23,2021 5|Page c.Setback between buildings:The distance between buildings shall be ten (10)feet minimum. d.Lot Coverage:Parcels 7 1 and 51 has the County zoning designation of Residential (R-20)District and is entitled to a maximum lot coverage of ninety percent (90%). Parcel 71 consists of .40 acres or 17,283 SF.Parcel 51 is .45 acres or 19,578 SF. The combined square footage of both parcels is 36,86 l square feet.The proposed development features approximately 21,291 SF of land coverage,which includes the residential units and driveway.It amounts to fifty-eight percent (58%)lot coverage and complies with he allowable lot coverage within the R-20 zoning district. 10.Building Height Pursuant to Sec.8-4.5(b)(2)multiple family buildings,hotels or motels,shall not be more than ten (10)feet higher than any residential building located within thirty (30)feet of the building,or shall not exceed four (4)stories nor exceed forty (40) feet from finished grade.The proposed two-story residential units are approximately twenty-four feet six inches (24'-6")form to the highest point ofthe roof. VIII.AGENCY COMMENTS See attached Exhibit "A" IX.PRELIMINARY EVALUATION In evaluating the Applicant's request to allow the construction ofthe proposed development,the following are being considered. 1.General Plan The proposed development satisfies the following policies of the General Plan,as taken from Section 1.3 and 1.4: A.1.3,entitled "VISIONS AND GOALS" 1)Goal #1 "Sustainable Island -The proposed development is within an existing residential and resort area of the Waipouli Town area.The proposed development involves eight (8)2-story multi-family dwellings and one (1) single family dwelling.The 2-story design ofthe units minimizes the overall building footprint with minimal impacts to the project site.The proposed lot coverage is fifty eight percent (58%),which is lower than the allowable ninety percent (90%)lot coverage within the County R-20 zoning district. 2)Goal #2 "Unique and Beautiful Place"-The proposed development does not negatively impact the rural character of the surrounding area.The proposed SMA(U)-2021-8:Director'sRepon Kaua'i Habitat for Humanity,Inc. June23.2021 6|Page development of residential units provides in-fill housing for Kaua'i and would not be used for short-term vacation rentals,thus reducing the visitor impacts on infrastructure and the community. 3)Goal #3 "A Healthy and Resilient People"-Recreation and open spaces are easily accessible within this compact walkable community.The proposed dwelling units are within the Waipouli Town area and walking or biking distance to the shopping centers,restaurants,beach recreation,and as well as the County ofKaua'i Multi-use path.The project also provides additional housing satisfying the need for in fill housing. 4)Goal #4 "An Equitable Place,with Opportunity for All"-The proposed development will provide housing and within walking and biking distance to the Waipouli-Kapa'a area.The Waipouli-Kapa'a town area has potentialjob opportunities,shopping,recreational activities,and public transportation via Kaua'i Bus. B.Section 1.4,entitled "POLICIES TO GUIDE GROWTH" 1)Policy #1 Manage Growth to Preserve Rural Character"-The proposed development is in within an existing residential subdivision and should be consistent with preserving the mral character of the neighborhood since it is already within an existing residential area. 2)Policy #2 "Provide Local Housing"-As stated within the application,the proposed residential units will serve as affordable housing with thirteen (13) units being sold at 80%lower than the County of Kaua'i's Area Median Income (AMI)and four (4)units sold at 115%lower the County of Kaua'i's AMI. 3)Policy #3 "Recognize the Identity of Kaua'i's Individual Towns and Districts -Waipouli-Kapa'a town area Hanalei Town is one ofthe remaining walkable communities on the island.The proposed development is placed within a residential area close to commercial services,open spaces,and recreation areas without the need for a motor vehicle.The design of the proposed development its surrounding areas and will not impact the unique mral character of the area. 4)Policy #4 "Design Healthy and Complete Neighborhoods"-The proposed development area is located close to shopping,medical,and commercial opportunities.The site is also walking/biking distance to beach accesses and the County of Kaua'i multi-use path. 5)Policy#6 "Reduce cost of Living"-The proposed project sites is located within walking and biking distance to the Waipouli-Kapa'a area which provides shopping,potential job opportunities,and near public bus transportation lines. SMA(U)-2021-8;Director'sRcport Kaua'i Habitat for Humanity,Inc. June23,2021 7|Page AIso,the project development are close to the County of Kaua'i Multi-use path offers easy access to recreational activities to the Waipouli-Kapa'a shoreline 6)Policy#8 "Protect Kaua'i's Scenic Beauty"-The project site is within an existing residential area and is consistent with the surrounding area.The height ofthe residence is approximately twenty-four six inches (24'-6"),well below the allowed maximum height within the County zoning designation ofR-20. Giving these provisions the proposed residences will have a minimal visual impact to its surroundings.The development will not negatively impact views from Kuhio Highway. 2.Native Hawaiian Traditional and Cultural Riehts A Ka Pa'akai O Ka'aina analysis provided by the applicant's consultant,ASM Affiliates.shows the deep historic and cultural significance of the Waipouli Ahupua'a. The analysis provides insight of the areas Wahi Pana (storied lands),important archelogy finds and as well as seeking knowledge of local cultural practitioners about cultural practices in the area past and present.The applicant has reached out to eight (8) individuals via email,phone,and postal service.Out ofthe eight individuals contacted, two (2)responding via joint response inquiring of the waste water management plan of the proposed development.A list of the individuals and organizations that the applicant s consultant contacted are listed in Table 4 ofthe Ka Pa'akai O Ka'aina analysis. It is noted that the Waipouli-Kapa'a coastal areas extending to Kuhio Highway have demonstrated the presence ofburied cultural layers along with human burials.The proposed development does require ground disturbance that may potentially encounter, affect,and/or impair iwi kupuna (bones of ancestors)and previously disturbed skeletal remains.Department of Land and Natural Resources (DLNR)-State Historic Preservation Department (SHPD)suggested archaeological monitoring as a mitigative measure.Archaeological monitoring is recommended. Based on the available information,traditional agriculture and aquaculture practices will not be affected or impaired by the proposed development. 3.SMA Rules and Reeulations The COK SMA Rules and Regulations contain objectives,policies and guidelines designed to protect coastal resources.Within the SMA,special consideration is given to recreational opportunities,cultural and historic resources,scenic qualities and open space,coastal ecosystems,and coastal hazards.In evaluating the proposed development relative to the goals and objectives of the SMA Rules and Regulations,the following aspects are taken into consideration: a.Public Access and Coastal Recreation -The project site does not contain any public access or offer any recreation activities.Existing beach access to the WaipouIi-Kapa'a shoreline are located on TMK:4-3-007:004 along parcel 49. SMA(U)-2021-8;Director's Report Kaua'i Habitat for Humanity,Inc. June23,202I 8|Page No public access to Coastal recreation will be impacted. b.Cultural/Historical Resources -The Ka Pa'akai O Ka'aina analysis submitted by the applicant acknowledges that traditional agriculture and aquaculture gathering practices will not be affected.The subject property has the potential of encountering iwi kupuna during construction.Proper precautions to mitigate impacts to human remains and cultural artifacts must be taken into consideration. c.Scenic and Open Space Resources -The proposed project site is within an existing residential subdivision in WaipouIi-Kapa'a area.There are no scenic or open space resources impacted by this development. d.Coastal Hazards -The subject parcel is located within the Zone 'X'of the Federal Emergency Management Agency (FEMA)Flood Insurance Rate Map and is outside the 0.2%susceptible to 1%annual chance floodplain.Although the parcel is within the extreme tsunami evacuation zone,it is out of any Coastal High Hazard areas.Based on the Pacific Islands Ocean Observing System (PacIOOS) State of Hawai'i sea level rise viewer website the subject parcels were analyzed using the Sea Level Rise Exposure Area (SLRXA)at the 3.2 feet range for potential impacts of passive flooding,annual high wave flooding,and coastal erosion.The subject parcels are not impacted by passive flooding or coastal erosion,however a small area of the parcel 51 is impacted by annual high wave flooding.To mitigate this potential hazard,the applicant has made adaptive designs to the residential units by elevating them on concrete masonry unit (CMU)columns. e.Coastal Ecosystems -The project site is not located on the shoreline.The project will not have any significant impact on the coastal ecosystem and any adjacent properties or its surroundings.The proposed development is out of the shoreline setback area and no erosion-protection structures seaward of the shoreline is being proposed.No endangered flora or fauna,wetland,natural area reserve,or wildlife reserve are situated on the project sites.The proposed development will be connected to the County ofKaua'i's wastewater infrastmcture,no individual wastewater systems or wastewater treatment facility is being proposed on the project sites or within vicinity of the coastal area. X.PRELIMINARY CONCLUSION Based on the foregoing,it is concluded that through proper mitigative measures,the proposed development can be considered,and it complies with the policies and guidelines of the Special Management Area Rules and Regulations in that: 1.The development will not have any substantial adverse environmental or ecological effect. SMA(U)-202I-8;Director's Report Kaua'i Habitat for Humanity,Inc. June23.202I 9|Page 2.The development is consistent with the objectives/goals/policies of the County General Plan,the Comprehensive Zoning Ordinance,and other applicable ordinances. Furthermore,the proposal DOES NOT: a.involve dredging,filling,or otherwise altering any bay,estuary,salt marsh,river mouth,slough or lagoon; b.reduce the size of any beach or other area usable for public recreation; c.reduce or impose restrictions upon public access to tidal and submerged lands, beaches,rivers or streams within the special management area;and d.adversely affect water quality,existing areas of open water free of visible structures,existing and potential fisheries and fishing grounds,wildlife habitats, estuarine sanctuaries or existing agricultural uses of land. Furthermore,through proper mitigation measures the proposed development would not have any detrimental impact to the environment or the surrounding area and is in compliance with the criteria outlined for the granting of a Special Management Area Use Permit. The Applicant should institute the "Best Management Practices"to ensure that the operation of this facility does not generate impacts that may affect the health,safety,and welfare ofthose in the surrounding area ofthe proposal. The Applicant shall implement to the extent possible sustainable building techniques and operational methods for the project. XI.PRELMINARY RECOMMENDATION Based on the foregoing evaluation and conclusion it is hereby recommended Special Management Area Use Permit SMA(U)-2021-8 to be APPROVED.If approved,the following conditions shall be implemented: 1.The proposed improvements shall be constructed as represented.Any changes to said development shall be reviewed by the Planning Director to determine whether Planning Commission review and approval is warranted. 2.Prior to commencement of the proposed development,written confirmation of compliance with the requirements from all reviewing agencies shall be provided to the Planning Department.Failure to comply may result in forfeiture of the SMA Permit. SMA(U)-2021-8:Director's Repon Kaua'i Habitat for Humanity,Inc. June23,2021 io|Pa g e 3.The proposed dwellings shall not be utilized for any transient accommodation puqioses.It shall not be used as a transient vacation rental (TVR)or as a homestay.This restriction shall be incorporated into the deed restrictions of the subject parcel in the event the property is sold to another party,draft copies of which shall be submitted to the PIanning Department prior to building permit application approval. 4.In order to ensure that the project is compatible with its surroundings and to minimize the visual impact of the structures,the extemal color of the proposed dwellings shall be of moderate to dark earth-tone color.The proposed color scheme and a landscape plan should be submitted to the Planning Department for review and acceptance prior to building permit application. 5.In accordance with Section 11A-2.2 of the Kaua'i County Code,the applicant shall submit to the Planning Department and Environmental Impact Assessment (EIA)Fees for the project.The EIA fee for the Multi-FamiIy residential unit project is based on $1,000 per unit and is due prior to building permit approval. 6.The applicant shall provide two (2)off-street parking spaces per dwelling unit.A total of 34 off-street parking spaces shall be provided for the proposed development. 7.The Applicant is advised that should any archaeological or historical resources be discovered during ground disturbing/constmction work,all work in the area of the archaeological/historical findings shall immediately cease and the Applicant shall contact the State Department ofLand and Natural Resources,Historic Preservation Division at (808)692-8015 and the Planning Department at (808)241-4050 to determine mitigation measures. 8.In order to minimize adverse impacts on the Federally Listed Threatened Species, Newell s Shearwater and other seabirds,if extemal lighting is to be used in connection with the proposed project,all extemal lighting shall be only ofthe following types: downward-facing,shielded lights.Spotlights aimed upward or spotlighting of structures shall be prohibited. 9.The Applicant shall develop and utilize Best Management Practices (B.M.P's) during all phases of development in order to minimize erosion,dust,and sedimentation impacts of the project to abutting properties. 10.The Applicant shall resolve and comply with the applicable standards and requirements set forth by the State Health Department,State Historic Preservation Division-DLNR, and the County Departments of Public Works,Fire,Transportation,and Water. ll.To the extent possible within the confines of union requirements and applicable legal prohibitions against discrimination in employment,the Applicant shall seek to hire SMA(U)-2021-8;Director's Report Kaua'i Habitat for Humanity,[nc. June23,2021 ii|Pa g e Kauai contractors as long as they are qualified and reasonably competitive with other contractors and shall seek to employ residents of Kauai in temporary construction and permanent resort-relatedjobs.It is recognized that the Applicant may have to employ non-Kauai residents for particular skilledjobs where no qualified Kauai residents possesses such skills.For the purposes ofthis condition,the Commission shall relieve the Applicant ofthis requirement ifthe Applicant is subjected to anti-competitive restraints on trade or other monopolistic practices. 12.The Planning Commission reserves the right to revise,add,or delete conditions of approval in order to address or mitigate unforeseen impacts the project may,create,or to revoke the permits through the proper procedures should conditions of approval not be complied with or be violated. 13.Unless otherwise stated in the permit,once permit is issued,the Applicant must make substantial progress,as determined by the Director,regarding the development or activity within two (2)years,or the pennit shall be deemed to have lapsed and be no longer in effect. The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the forthcoming public hearing process scheduled for JULY 13,2021 whereby the entire record should be considered prior to decision-making.The entire record should include but not be limited to: a.Pending govemment agency comments; b.Testimony from the general public and interested others;and c.The Applicant's response to staff's report and recommendation as provided herein. By ROMIO IDICA Planner Approved &Recopim^nded to Commission: Date: ,/A'AINAS.HULL •irector of PIanning (•^3>/^(Z( SMA(U)-2021-8:Director's Repon Kaua'i Habitat forHumanity,Inc. June23.2021 i2|Pa g e EXHIBIT"A" (Agency Comments) For reference COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766 (808)241-4050 FROM:Kaaina S.Hull,Director (Romio)May 28,2021 SUBJECT:Special Management Are Use Permit SMA(U)-2021-8,Dwelling,Multiple Family Tax Map Key:(4)4-3-009:071,Kauai Habitat For Humanity,Inc,Applicant TO: D DepartmentofTransportation -STP DPW-Engineering DOT-Highway,Kauai(inft)only)a DPW-Wastewater D DOT-Aiiports,Kauai (info only)D DPW-BuiIding D DOT-Harbors,Kauai (info only)a DPW-SolidWaste State Department ofHealth D Department ofParks &Recreation D State Department ofAgriculture glire-IB^BBWSf D State Office of Planning County Housing-AgencyaStateDept.ofBus.&Econ.Dev.Tourism a County Economic Development State Laiid Use Commission KHPRC State Historic Presei-vation Division Water Department D DLNR-Land Management n Kaua'i Civil Defense DLNR-Foresty &Wildlife n U.S.Postal DepartmentaDLNR-Aquatic Resources UH Sea Grant DLNR-OCCL County Transportation AgencyaOther: FOR YOUR COMMENTS (penaining to your depai-tment): Plot plan should include parking stalls as to not impede fire department access This matter is scheduled for a public hearing before the County ofKauai Planning Commission on 7/13/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Steeet, Lihue,Kauai,at 9:00 am or soon thereafter.Ifwe do not receive your agency comments withm one (1) month fi'om the date ofthis request,we will assume that there are no objections to this pennit request. Mahalo! COUNTV n";?,"JA RECE1VED JUN -1 ?n^ •21 JIJN 17 P1 f.1 „COUNTYOFKAUA1 PLANNDMG DEPARTMENT ;STREET,SUITE A473 LIHU'E,HAWAn'"9'6"7?6"ftl-"l:AL SERVICES KAUAI 4444 RICE STREET,'•'.':..:'.^^E.PT.(808)241-4050 FROM:Kaaina S.Hull,Director (Romio)May 28,2021 SUBJECT:Special Management Are Use Permit SMA(U)-2021-8,Dwelling,Multiple Family Tax Map Key:(4)4-3-009:071,Kauai Habitat For Humanity,Inc,Applicant TO: Department ot'Transportation -STP DPW-Engineering DOT-Highvvay,Kauai(info only)a DPW-Wastewater D DOT-Airports,Kauai (info only)a DPW-Building DOT-Harbors,Kauai (info only)DPW-SolidWaste D Department of Parks &Recreation D State Departinent of Agriculture Fire-DepartmentnStateOfficeof'Planning County Housing-Agency D State Dept.ofBus.&Econ.Dev.Tourism D County Economic Development State Land Use Commission KHPRC State Historic Preservation Division Water Department D DLNR-Land Management 'a Kaua'i Civil Defense D DLNR-Foresty &Wildlife D U.S.Postal DepartmentaDLNR-Aquatic Resources UH Sea GrantaDLNR-OCCL a County Transportation Agency Other: FOR YOUR COMMENTS (pertaining to your department): See comments on attached sheet. June 15,2021 ^Darren T^ District Er izu,Acting Chief, Lronmental Health Office Kauai This matter is scheduled for a public hearing before the County ofKauai PlanningCommission on 7/13/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street, Lihue,Kauai,at 9:00 am orsoon thereafter.Ifwe do not receive your agency comments within one (1) iTionth from the date ofthis request,we will assume that there are no objections to this penTiit request. Mahalo' Special Management Area (Use)Permit:SMA (U)-2021-8 Applicant:Kauai Habitat for Humanity Based on our review ofthe application,we offer the following environmental health concems for your consideration. 1.The subject property is located within the County of Kauai sewer system service area.All lots and structures must connect to the county sewer system. 2.Noise will be generated during the demolition and construction phase ofthis project.The applicable maximum permissible sound levels as stated in Title 11,HAR,Chapter 11-46,"Community Noise Control",shall not be exceeded unless a noise permit is obtained from the Department of Health. 3.Temporary fugitive dust emissions could be emitted when the project site is prepared for demolition and when construction activities occur.In accordance with Title 11,Hawaii Administrative Rules (HAR),Chapter 11- 60.1 "Air Pollution Control",effective air pollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas.This includes the off- site roadways used to enter/exit the project.The control measures include but are not limited to the use of water wagons,sprinkler systems,dust fences,etc. 4.The waste that is generated by the project shall be disposed of at a solid waste disposal facility that complies with the applicable provisions ofTitle 11, HAR,Chapter 11-58.1 "Solid Waste Management Control",the open buming of any of these wastes on or off site prohibited. Due to the general nature of the application submitted,we resen/e the right to implement future environmental heatth restrictions when more detailed information is submitted. APPLICANT: Land Use Review Clearinghouse Form I ^La^'1 ^L hf <^f ^f-i '.^f ^ APPLICATION N0:^^(^CY'- DEADLINE: \Ct'.'.fl.i'H?^'to'i"^kt'.v.b^i 6 TO: a Sanitarian (Rickyj3yama,Ljsa Otoman-Murayama,RogerAgullana) Wastewater Branch (Lori Vetter^^ Clean Air Branch (Laci Uyesono)Jj~ Clean Water Branch (Gary Ueunten) Safe Drinking Water Branch EMD/EHSD/EPO Please review the attached land use application and indicate your comments or concems below. Please return to Darren or whoeyer else is doing Land Use after everyone has reviewed the proposal. Sanitation Comments ;V^^-/^'-V /<^^^z^>^^J^S/V Wastewater Comments;fy^Y^/fiA l^j^\^T-Y-)^!, Clean Air Comments;Ru.kr Clean Water Comments; Safe Drinking Water Comments; Other Comments; Ka'aina S.Hull Director of Planning Jodi A.Higuchi-Sayegusa Deputy Director ofPlanning COUNTY OF KAUA'I PLANNING DEPARTMENT SUPPLEMENT #1 TO PLANNING DIRECTOR'S REPORT RE:Special Management Area Use Permit SMA(U)-2021-8 APPLICANT:Kaua'i Habitat for Humanity,INC. ADDITIONAL FINDINGS Attached for the Planning Commission's reference is supplemental information as follows: •Kaua'i Habitat for Humanity,INC.,Stephen Spears,Amendment 1,Received June 21, 2021 Romio Idica Staff PIanner SMA(U)-2021-8 Supplement #1 to Director's Report Kaua'i Habitat for Humanity,INC. 06.26.21 1r'^.^+. JUL 1 3 2021 LOT 23 LOT 31 MAIL L~~~-I~~~----.2"BFP 1-1/2"METER PROJECT AREA Porcel 51 =19,578 Sq.Ft. Porcel 71 =17.283 Sa.Ft. 36,861 Sq.Ft. General Plan Designation;Neighborhood Center SLUD Zoning:Urban County Zoning:R-20 Allowed Coverage:90%=33,175 Sq.Ft. Existing Coveroge:4,866 Sq.Ft.(13.2%) Proposed Coverage:21,291 Sq.Ft.(5S%) ATTACHMENT 4-1 PROPOSED STRUCTURES KAUHALE O WAIPOULI Kapa'a Affordable Housing Project WAIPOULI,KAWAIHAU,KAUA'I,HAWAI'I Tax Map Key:4-3-09:51 &71 Prepared for:Kauai Habitat for Humanity,Inc. Date:November 10,2020 Job Number:20-131 MA Drawing File'20-151 attachment 4-1.dwg ESAKI SURVEYING &MAPPING,INC. Civil Engineers —Land Surveyors —Planners 1610 Haleukana Street Lihue.Hawoii 96756 -1 -"""'"""—~SltL .,^.. •y BEDKOOM 3 /® M -86) 1,052 S/F LIVING SPACE QOool UPSTAIRS HiM l ^ft ®. 306 B el-(5)\BATH 1 i 666 1,052 S/F LIVING SPACE UPSTAIRS !QO 00 DOWNSTAIRS PARKING ® 306a ® 306B 1 DOWNSTAIRS PARKING /...„„\^MASTER BATH -w 306B•:::!.• ®'106S '1 / es- ~~B ^v> w w Trri'"—*[w 2'-l(^" 920S/FLIViniGSPACE UPSTAlRS LIVING ROOM ® 30tiS 1 QQ66 MASTER BATH /c: MASTERBEDROOM 10'-'^" UPSTAIRS 00 00 o^'N ©8- BATH MASTER MASTER BEDROOM @ LIVING ROOM ® 306S :10 / @ 30ti» .ir.ij- MASTEfl BEOROOM DOWNSTAIRS PARKING -16'- [lltl .12'.^.. MASTER BEDROOM ® 30Ei8 ® 306B DOWNSTAIRS PARKING =s 01 '16' 2-Y>r. KPAR-8-1.5 DEFINITIONS.COMPKEHENSIVE ZONING QRDINANCE GUESTHOUSE AUTHORITy: PURSUANT TO Artide XIV section 14.03.E of the Kauai County Charter the Planning Commission ofthe County of Kaua'l adopts the following administrative rules pertaining to the responsibility of the Departmentto implement and enforce Chapter 8,Section 8-1.5 ofthe Kaua'i County Code,1987 as amended,concemtng the definiUon of "Guest House." DEFINITION: Section 8-1.5 of the Kaual County Code,1987 as amended,deflnes GUest Hou'se to mean "a building wtth a floor area of no more than dve hundred (500)square feet,may contam a kltchen,and is used for dwelling purposes by guests,tenants,or owner(s).A guest house shall not be used for a transient vacation rental fTVR)or homestay operatlon wtthln or outside ofthe vlsitor destination area (VDA). FINDINGS: In implementlng the deflnitton of a "Guest House",there Is a need to clarify whether or not the structure may be attached to a slngle famlly residence,detached from a slngle family residence,within a multifamily resldence,or accompanied by an accessory structure (i.e.Garage). RULE: DEVELOPMENTAL STANDARDS 1.The maximum floor area for a guest house is flve hundred (SOO)square feet. 2.The total floor area fora guest house shall be the sum ofthe horlzontal areas ofeach floor of a building,measured from the interior faces of the exterior walls.Tlie total floor areas shall indude enclosed attached accessory structure such as garages or storage areas.Unenclosed attached structures,such as breezeways,lanais,or porches shall be excluded. 3.The guest house may be delached from a slngle-family resldence or multl-famlly resldence. 4.The guest house may be attached to a slngle-family dwelling unit or multl-famlly unlt(s). When the guest house is attached to a single-family dwelling unlt or multi-famlly dwelling unit(s),the enclosed and unendosed floor areas ofthe dwelling unit(s)shall not be counted in the calculation ofthe maidmum five hundred (500)square feet offloor area forthe respertive guest house. F.^.^.F; JUL 1 3 2021 ^PR- 5.When attached to another dwelllng unit(s),the guest house shall have its own separate exterlor access. 6.When proposed with a kltchen in the State Land Use Agriculture,the guest house appllcation shall require an executed Farm Dwelling Agreement t^'ttr,^.c^5'v s •»<*«.„«!.-.''s*i» a couNry COUNCIL Arryl Kaneshlro,Chair Mason K.Chock,Vice Chair Bemard P.Carvatho,Jr. Felicia Cowden Bill DeCosta Luke A.Evslin KipuK.ai Kuali'i Council Serviees Division 4396 Rice Street,Suite 209 LThu'e,Kaua'i,Hawai'i 96766 April 7,2021 OFFICE OF THE COUNTY CLERK Jade K.Fountam-Tanigawa>County Clerk Scott K.Sato,Deputy County Clerk Telephone:(808)241-4188 Facsimile:(808)241-6349 E-mail:cokcouncil@kauai.gov Donna Apisa,Chair and Members ofthe Planning Commission c/o County of Kaua i Planning Department 4444 Rice Street,Suite A473 Lihu'e,Hawai'i 96766 Dear ChairApisa and Members ofthe Planning Commission: The Kaua'i County Gouncil,at its meeting on April 7,2021,referred the followingproposed amendments to Chapter 8,Kaua'i County Code 1987,as amended, to the Planning Commission for review and recommendation: "PROPOSED DRAFT BILL (N0.2822)-A BILL FOR AN ORDINANCE AMENDING CHAPTER 8,KAUA'I COUNTY CODE 1987,AS AMENDED, RELATING TO TRANSIENT ACCOMMODATIONS" Thank you for your continued assistance in these planning matters.Should you have any questions,please fee]free to contact me at 241-4188. JAIfE-K..FOUNTAIN-TANIGAWA County Clerk County of Kaua'i AMK:dmc Enclosure AN EQUAL OPPORTUNITY EMPLOYER r.i+.fl rJUl I 3 2021 ORDINANCE N0.BILL N0. A BILL FOR AN ORDINANCE AMENDING CHAPTEB 8, KAUA1 COUNTT CODE 1987,AS AMENDED, RELATmG TO TRANSIENT ACCOMMODATIONS BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA'I,STATE OF HAWAI'I: SECTION 1.Chapter 8,Section 8-1.5,Kaua'i County Code 1987,as amended,is hereby amended by amending the definition of Developed Campgioiuids and Undeveloped Campground"as follows: "Developed Campgrounds"meana land or premises designed to be used, let,or rented for temporary commercial occuDancv by campers traveling by automobile or otherwise and which contain such facilities as tent sites, bathiooms or other sanitary facUiti.es,piped water mstaUations,and parking areas,but not including mobile home parks.Each mdividual tent campuie site offers a campsite th.at mav have cermanent footines.blatforms.and/or private restroom facilities.Developed campgrounds may include faciUties for the temporary placement of camp trailers aad campmg vehicles which are utilized for non-permanent residential uses at no more than six (6)vehicles per acre. ["Undeveloped Campground"meazis land or premises designed to be used for temporary occupancy by campers travelingby foot or horse which may contain facUities and fireplaces,but do not contain facUities as are provided at developed campgrounds.]"Undeveloced Camperounds"means land or crpmiRBs desiened to be used bv oropertv owners and their cuests for non-commercial campuie oiu-poses.There are no permanent footmes or platforms.aad there are no oermanent structures.There J8 no comoensation.monetanr or otherwise.for use ofthis site. SECTION2.Chapter 8,Kaua'i Couaty Code 1987,as amended,is hereby amended by amending Table 8-2.4 -Table of Uses,in pertinent part,to outright permit Developed campgrounds"m the Resort Zomng District as follows: * ,^-.« •*»» ff Proposed Draft Bill (No.2822) Sec.USE ZONING DISTRICT Residential Conimercial Industrial _AO_o 'HT to R-6 TE-IO" to ^-20 RB CM._ca IL I0_ 8-2.4(g)(I)Accessory uees aiid structures p_ 8.2.4(g)(2)Apartment hotels p 8-2.4(gKS)Autom.obile service and stora^e p 8-2.4(B)(4)Barber shop and beauty shop .p 8.2^(gK5)Commercial recreation p S-2A(e)(6)DeveloDed^amTi eroynds p [8.2.4(g)(6)] 8-2.4feTm Gifb shops p [8^,4fe)/_7)] S-2MS(S)Golf courses p [8-_2.4fe)^)rs-2.4feyr9y Home businesa p SECTION3.Chapter 8,Kaua'i County Code 1987,as amended,is hereby amended by amending Table 8-2.4 -Table of Uses,in pertinent part,to outright permit "Developed campgrounds"in the General Commercial Zoning District as follows: Proposed Draft Bill (No.2822) Sec.USE ZONING DISTBICT Residenbial Commercial ladustrial ,AG o TtT tos.-s Tnr to R.20 RR CN CG IL JG tS-ZA^W8-2.4teyao)Hotels p t8.2,4(g).(10)]8-2A(e}<n)Laundromat p [8.2.4(g)a_l)l8-2.4(el 112}Libraries p [8-2.4(g)(12)] 8-2.4frid3)Motels p [8-_2,4(g)a3)] 8-2.4fe)(14)Museums p [8-2.4(g)a4)]8-2.4feyasy PoU.ee and.fire stations p [8._2,4(g)a,6)]8-2.4(gy(l6)PubLc parks and monumenta p [8-_2,4(g)a_6)]8-2.4(g5(l7);Restaurants and food service p [8-2.4fe)(17)]^[Retail cleaning outlets]JPL 8-2.4(g)(18)Retail cleaning outlets p 8.2.4(g)(19)Retail food and drug shops p 8.2.4(g)(20)Shoe repair shops p 8-2.4(e)(21)Siugle fanuly detached dwellings p 8-2.4(g)(22) Transient vacation rentals,provided tliey are located within the designated Visitor Destination Areas established pursuant to Arfeicle 17 ofthis Chapter.These uses are prohibited m non-VDA areas^ p Sec.USE ZONING DISTRICT Residential Comraercial Industrial _&s^o TET to R-e B-10 to _B-20 RR CN CG IL IG ^2.40)(1)Accessory yses and structures p 8-2.4Q)(2)Automobile sales,repair,and storage p 8-2.4p)(3)AutomobUe services ^ 8-2.4fl)(4)Churches,temples,and m.onaste.ries p S-2.4®(S)^lubs,Iqdg^s,and commuiiity centers p 8-2.40)(6)Commercial indoor amusement and parks p 8-2^07(77 Department stqres p 8-2.4fi)(8)Develo^ed camDeTomids p [8-_2,4(j).(8)] 8-2.4d)(9-}Hotelig aad motels p [8-2.40).(9)]8-2.4ffl d 'Hoiisehold services p [8.2.40)(10)]8-2.4fiYnn light nianufacturmg,such as handicrafts and garment fabrication p [S-_2.4fi)a_l)]8-2.4ffl d2y Minor food processing,eucli as cracked seeds,jeUiea,candies,and ice cream.p SECTION 4..Chapter 8,Kaua'i County Code 1987,as amended,is hereby amended by amending Table 8-2.4 -Table of Uses,m pertment part,to prohibit "Developed campgrounds"in the Agriculture Zoiiing District as follows: Proposed Draft Bill (No.2822) Sec.USE ZONINGDISTBICT Residential Commercial lEidustrial AG o ~ET to R-fi_ ^B-OT to Ji-20 sa _CN_co JL 10-[8^.4(:j).(12)] s-2.4fiYrisy Museums,Ubraries,and public services p [8-2.4(1)(13)] 8.2.4cfffl4)Offices and professional Tbuildmgs p l8-2.4g)(14)] 8-2.4ffi (15)Parking garages p'p^4fi).(15)] a-2.41fi (16)'Person.al eervices p [8.2.4(j)(16)] 8.2.4dVri7y Public offices and builduags p [8.2,4(j)(17)] 8-2.4ffi'(l8y Public parks aiid monumente p [8.2,4tj)(18)] 8-2.4fiya9y Research and development p [8.2.4®(19)] 8.2.4fiV(20y Reeidential dweUmge,detached,attached or multi-family dwellings p 18-274(3)(20)] S-2.i(f{(21)Elestaurants and food services p [8-2,4®.(21)]8-2.4fi)'Q2)Etetail sales p [8.2.4(3)(22)] 8-2.4flT ffl31 3upermarkets and.ahopping centers p [8-2.4Q)(23)]~S-2.4(fl'<24) Fransient Vacation.Rentals,provided they ire loeated withia the desien.ated Vieitor 3estination Areas established pursiiant to ^rti.cle 17 oftlus Chapter.These uses are )robibited in non-YDA areas. p [8^4®p4)] 8.2.4fll (25)Pransportation termmals and docks p [8-2.4CJ)(25)] 8.2.4fiY(26y Varehouses p [8-2.4(3)(26)] 8-2.4flY(27)'Vholesale Outlets p Seo.USE ZONINGDISTRICT Residential ER Commercial Industeial AO o B-lta E-6 B-10 to R-20 CN CQ tL IG 8-2.4(r)(l)Aji.ira.al hospitale u 8-2.4(r)(2)Botanical and Zoological gardens u 8-2.4(r)(3)Cemeteries u 8-2.4(r)(4)Churches,teniplee,smd monasteries u 8.2.4(r)(5)Commercial Reereation u 8.2.4(r)(6)3onstrucfcion and worker temporary housiiig u [8.2.4(r)(7)]Development campgrounds][U]_ [8.2.4(r)@)] 3-2.4frYffl'?arm worker houamg u SECTION5.Chapter 8,Kaua'i County Code 1987,as amended,is hereby amended by amendmg Table 8-2.4 -Table of Uses,m pertiiient part,to prohibit "Developed campgrounds"in the Open Zoning District as follows: Proposed Draft Bill (No.2822) Sec.USE ZONING DISTRICT Residential RE Commeicial Indiistrial AG o E-lto K.6 B-10 to R-20 CN CQ IL ro [8^2.4(r)(9)] 8.2.4fr)(8)-Farmers Markets u 18^4(r)(l0)r8-2.4fryi'9)Golfcourses u [8^.4(r)(U)T8-2.4rrt (10)Mineral extraction and quarries u [8-2,4(r)(12)]&-2Ati)tllY Pet keeping and raiemg proposed within.five tiundreS (500)feet of any Residential District u [8-2.4(r)(l^T 8-2.4fr1 (12) Piggery,wlien to be located within three :housand (3,000)feet of any Use District u [8-2.4(r)(14)]8-2.4('ryCl3)- Poultry [and piggeries]Raismg,when to be .ocated witliin three thousand (3,000)feet of uiy Use District u [8^4fr)(16>T 8.2.4frt (14)Private and public utiMties facUities u [S^4(r)(16)T3.2.4rr)"i5 :i,eatauranta and food services Us [8-,2,4(r)(17)]3-2.4fr)'d61'ietEul Salee u [8-_2,4(r)(18)]3.2.4frVCl7)-ichools and day care centers u :8-2.4(r)(19)]i-2.4b)d8)'[^•aiisportation terminals u :8-2.4(r)(20)]i.2.4frl 119) ^ny other use or structure which the Planmng 3irector finds to be similar in nature to fhose iated m this Sectioa and appropriate to the )i8trict u Sec.USE ZONING DISTRICT Residential Commercial Industrial AG_o R-l to E.6 R-10 to ,R-20 ^B CN CG IL,10 8-2.4ft)(1)Communu;ation facilifies ~v 8;2:4<s»21.Day care eenters tr f8-2.4(s)(3)1 FDeveloped campgroimdsl [8.2,4(8).(4)]8.2.4(81'f3V Home biifiuiesses u [8-2,4(8).(5)]8-2.4fa)'C4y Intensive agrictilture u [8-2.4(8).(6)] S-2A<B)<6) Uvestock and grazmg withia the Urbaii District as eatablislied ly the State Land Use Coinmissioii u [8^2,4(s)P)] &-2A(B}'(6)Organized rea-eation camps u [8-2,4(8)^8)]8.2.4hym Outdoor recreation concessioiLS u [8-2.4(8).(?)] 8-2A(s)<8}PoUce and fire facOities u SECTION6.Chapter 8,Article 4,Kaua'i County Code 1987,as amended,is hereby amended by amending Sec.8-4.9 as follows: "Sec.8-4.9 Developinent ofOther Uses in a Residential District. AU permitted uses,aU uses requiring a Use Peimit,and aU Uses aUowed by variance other than residential shaU conform to: (a)Development staadards established for the district in which they are norrually permitted,provided that: (1)The minimum distance from property Unes shaU be the same as that required for single family detached dweUings;and (2)The maximum buildiug beights shall be the same as that required for single family detached dwellings;[or]and (3)Developed camtierounds are prohibited in all Eesidential Znnme Districts:or (b)The requirem.ents and conditions imposed by the Planning Commission in grantmg the Use Permit or Variance Permit." SECTION7.Chapter 8,Article 8,Kaua'i County Code 1987,as amended,is bereby amended by mserting a new Sec.8-8.7 as follows: "Sec.8-8.7 Develooed Cainnerounds in Aericulture Zonine Districts. Developed camoerounds are orohibited in aU Aericultu''B 7nTiinfr niat.rift.a " SECTION8.Chapter 8,Article 9,Kaua'i County Code 1987,as amended,is hereby amended by inserting a new Sec.8-4.9 as foUows:"Sec.8-9.6 Develoned CaBaBirrounds in Onen Zonlne Dlstrlcts. Developed camperounds are prolubited m aU Ooen Znninf;Diatricts." SEOTION9..Chapter 8,Article 17,Kaua'i County Code 1987,as amended,is hereby amended as follows: "ARTICLE 17.TIME SHAKING AND TRANSIENT VACATION RENTALS Sec.8-17.1 Liniitations oa Location. Except as provided in this Section,time share units,tune share plans,and transient vacation rentals are prohibited. Sec.&-17.2 Permitted Tinie Share Locations. Subjectto the Umitations contained in Secs.8-17.4 and 8-17.5,time share units and time share plans are aUowed: (a)In hotela in Resort or Commercial Districts;and Proposed Draft BU1 (No.2822) Sec.USE ZONINQ DISTBICT Kesidential Commercial Industrial AQ__0 ^-T to B.e TE-IIT to B-20 BB _CN CQ IL 10 [8-2.4(s)(10)] a-2.4(B)(B)Quarries u [8-2.4(s)(11)]8-2.4feyaoy Recreation velu.de parks v (8-2.4(8).(12)]8-2.4feyftU Religious facilities u [8-2,4(6)03)] S-l.its}(12)UtUity installations u [8-2,4(3)04)]8-2.4CS)(13) Any other use or structure which the Plammig Director finds to be similar in nature to those listed ui this Section and appropriate to the District u (b)In the Resort RR-10 and RR-20 Districts and Multi-FamUy R-10 and R-20 Residential Districts when such districts are located within the Visitor Destination Areas of Po'ipu,Lihu'e,Wailua Kapa'a or Frinceville,as more paiticularly designated on County ofKaua'i Visitor Destination Area maps attached to Ordinance No.436 and incorporated herein by reference.The boundary Unes estabUshed on these visitor destination maps shall be transferred onto the Official Zoning Maps for reference purposes. (c)Time share units and time share plans are prohibited in the R-l,R-2, R-4 and R-6 Residential Districts. Sec.8-17.3 Permitted Locations for IVIulti-Family Transient Vacation Eentals. Subject to the Umitations contained in Sec.8-17.5,mulfei-family transient vacation rentals are allowed: (a)In hotels in Resort or Commercial Districts;and (b)In Resort Districts and Residential Districts within the visitor destuiation areas as more particularly designated on County ofKaua'i Zonmg Maps. fc)Nofrwithstandine the visitor destination area desienation.multi-familv transient vacation reatals are orohibited in the Aericulture District and m the Qpen District. Sec.8-17.4 Tiine Sharing in Projects Located Within Visitor Destination Areas and Hotels in Resort or Coaunercial Districts. If the project in which the tims share unit or time share plan is to be created contains an existing time share unit or time share plan,then time share units and plans shall be regulated according to the terms ofthe project mstruments. If the project in which the time share unit or time shaie plan is to be created is not a hotel and does not contain time share units or time share plans,then such use may be created oiily if such use is explicitly and prominently authorized by the project uistruments,or the project instruments are amended by unanimous vote of the unit owners to explicitly and prominently authorize time sharing.Provided, however,that time share units and time share plans pernutted under this Section shall be Umited to the Visitor Destination Areas described in Sec.8-17.2,and to hotels in Resort or Commercial Districts. Sec.8-17.5 Existing Tinie Share and Multi-FamiIy Transient Vacation Rental Uses. (a)Time Share Units,Time Share Plans,and Miilti-FamiIy Transient Vacation Rentals Existing On or Before September 22,1982,That Ace Not Located in Visitor Destination Areas.Time share units,time share plans,or multi-family vacation rentals existing on or before September 22,1982 that are not located witUn the visitor destination areas described in Sec.8-17.2 may continue as aUowed uses. However,no additional time share units,time share plans,sinele-familv transient vacation rentals.or multi-fanuly transient vacation rentals outside the visitor destmation area shaU be created after September 22,1982.The uses left unimpau-ed by this Subsection shall not be lost by the failure to exercise the use unless it clearly appeais that the use has been abandoned for a period in excess oftwo (2)years.This Subsection shaU not apply to hotels in Resort or Commercial Districts. (b)Time Share Units,Time Share PIans,and Transient Vacation Rentals in Projects Located Within Visitor Destination Areas Existing On or Before September 22,1982.Time share luuts and time share plans in projects existing on or before September 22,1982,and located within areas described in Sec.8-17.3 shall be regulated in accordance with the provisions ofSec.8-17.4. 6 Proposed Draft Bill (No.2822) Sec.8-17.6 Penalty. An owner of any unit which.is operated rn violation of this Article,and/or any other person,firm.,company,association,partnership or corporation violating any provision of tlus Article,shaU each be fined not less than five hundred doUars ($500.00)nor more than ten thousaad doUars ($10,000.00)for each offense. This civil fine may be iu addition to any criminal fines.If any person fails to cease sucli violation withm one (l)month,such person shaU be subject to a new and separate violation for each day the violation contuiues to exist. (a)ActionsbyCountyAttorney.Tlie County Attorney may file a civil action to enjoia any violation of this Article and collect any penalties provided for by this Article. (b)Disposition ofFines.AU fines imposed for violations ofthis Article shall be paid to the Director of Finance to the credit of the Development Fund. Sec.8-17.7 Ainendnients to Visitor Destination Areas Designatlons. Amendments to the location and7or boundaries ofthe Visitor Destination Areas shall be made in accordance with the amendment provisions of Sec.8-3.4 of this Chapter 8,provided that the biirden of proof rests with the appUcant to show upon the clear preponderance of the evidence that the amendment is reaeonable.The criteria for evaluating such proposed amendments shaU be as follows: (a)The proposed amendment is consistent with the General Plan and the Development Plan. (b)The parcel or parcels to be affected by the proposed amendment are suitable for Visitor Destinatioa Aiea uses. (c)TIie availability of existing pubUc services and facilities in the affected areas and whether the requested public seivices and facilities for the proposed change in use can be met without undue burden. (d)The proposed change will conflict with other existing uses in the affected area. (e)The proposed change wiU cause or result in uareasonable air,noise,or water pollution,or wiU adversely affect ineplaceable natural resources. (f)The affected areas contain or are in close proximity to other areae tliat contain: (1)Large numbers of hotel and/or multiple family dweUing units suitable as accommodations by temporary visitors. (2)Lands designated &r Reeort Use on the General Plan or having Resort zoning. (3)Outdoor or conimercial recreational facilities,such as beaches, golf courses,temus courts and other similar facUities. (4)Tourist related commercial facflities,such as gift shops,food stores,recreational equipment and services shops,tour ajid transportation service termmals,restaurants,bars,niglit clubs,cabarets,shoppuig centers, theaters,auditoriums,and other similar facilities. (g)The proposed change will mclude or adversely affect predommantly residential neighborhoods. Sec.8-17.8 Single Family Transient Vacation Rentals. (a)[Notwithstanding any underiying zonuig designation and with]With the exception ofproperties on the National or State Register ofHistoric Places,single family transient vacation rentals are prohibited iii all areas not designated as Visitor Destination Areas. (b)_Notwithstandme the visitor destination area desienatioa.sinele familv tra-asient yacation rentals are orohibited in the Aericulture Diatrict and m the Onen District. (b)Development Standards for Siagle FamUy Vacation Rentals Permitted Within Visitoi Destination Areaa and Holders of Nonconforming Use Certificates. Proposed Draft Bill (No.2822) Development standards shall be the same as those for siiigle family detached dwellings in Secs.8-4.5 through 8-4.8,mclusive,with the following additions: (1)Applicant for a single family transient vacation rental shall designate a contact person or owner s representative who shall be available on a twenty-four (24)hour,seven (7)days-per-week basis.Applicant shall provide the name and contact infoimation to neighbors adjacent to and directly across subject vacation rental,the Planning Department,the Kaua'i Police Department,the Kaua i Civil Defense Agency,and the Kaua'i Visitors Bureau upon issuance of a nonconfonning use certificate or registration number. Owner is responsible for keeping mformation updated with aU agencies. (2)One (1)outdoor sign no larger than one (1)square foot shall be posted in a visible place on a wall,fence,or post immediately mside or on the front boundary of the property where it is easy to see,for the purpose of providing the current Nonconforming Use Certificate number or the Registration Number and the 24/7 phone number.No other signs shall be aUowed and there shaU be no direct illumination of the required sign.The numbers on the sign shall be no smaller than two (2)inches in height. (3)The applicant shall provide a list ofrequirements and Information entitled "For the Safety and Comfort ofYou and Your Neighbors."This shaU provide essential information to the visitor and shall seek to reduce negative impacts on the surroundmg neighborhood.This information piece shall be provided to the Planning Department at time of application and shall be posted in a conspicuous place in the guests sleeping quarters along with a copy ofthe Nonconforming Use Certificate or the Registration Number,whichever the case may be and if required.The list shaU mclude,but not be limited to, suggested curfews,guidance with respect to the character ofthe neighborhood and gatherings and noise,and what to do in cases of emergency and natural disaster. (4)All print and internet advertismg for single family vacation rentals,including listings with a rental service or real estate firm,shall include the Noncon&rming Use Certificate or the Registration Number. (5)A copy of the Nonconforming Use Certificate or the Registration Number,where required,shall be displayed in the back ofthe front door ofthe sleeping quarters. (6)A site and floor plan shall be filed with tbe application. Sec.8-17.9 Registration ofAllTransientVacationRentals. (a)All single family transient vacation rentals,excluding,however,a tune share unit in a time share plan subject to Chapter 514E of the Hawai'i Eevised Statutes,as amended,lawfuUy esdsting in Visitor Destination Areas on March 7,2008 shall register with the Director of Finance on a form prescribed by the Director of Finance no later than one hundred eighty (180)days after March 7,2008.Any new single famUy transient vacation rental,excludes,however,a time share unit in a time share plan subject to Chapter 514E ofthe Hawai'i Revised Statutes,as amended, estabUshed in Visitor Destination Aceas subsequent to March 7,2008 shaU register with the Director of Finance prior to any such use of said rental.AU single family transient vacation rental uses will be subject to Kaua'i County Code Title III, Chapter 5A. (b)No single family transient vacation rental shall operate outside a Visitor Destination Area without a Noncon&Tming Use Certificate obtained under Sec.8-13.10. Sec.8-17.10 Nonconforming Use Certificates for Single Family Vacation Rentals. (a)The purpose of this Section is to provide a process to identify and register those single family transient vacation rentals as nonconforming uses which 8 Proposed Draft Bill (No.2822) have been in lawful use prior to March 7,2008 and to aUow them to contmue subject to obtaining a Nonconforming Use Certificate as provided by this Section. (b)The owner,operator or proprietor of any single fainily transient vacation rental which operated outside of a Visitor Destination Area prior to March 7,2008 shaU obtain a Noncon&rming Use Certificate for single family vacation rentals. (c)No Nonconfortaing Use Certificate shall be issued by the Planning Director unless the use as a single family rental is a legal use under the Comprehensive Zoaing Ordinance and the applicant provides a sworn af&davit and demoiistratea to the satisfaction of the Planning Director that a dweUing unit was being used as a vacation rental on an ongoing basis prior to March 7,2008.The Planning Director,in making the decision,shaU take into consideration;among other thinge,the foUowing guidelines: (1)The applicant had a State of Hawai'i genera]excise tax Ucense and tiansient accommodations tax license for the purpose of the lawful operation of single family transient vacation rentals for a period long enough to demonstrate actual payment oftaxes. (2)That prior to March 7,2008,appUcant had deposits for reservations by tranaient guests in exchange for compensation for use of subject property as a vacation rental. (3)That applicant had transient guests occupy subject property UL exchange for compensation prior to March 7,2008,with a pattern of consistency that evidences an ongoing and lawful enterprise. (d)Applicatione for Noncon&rming Use Certificates for single famUy traasient vacation rentals located on land designated "Agricultiiral"pursuant to Chapter 205 ofthe Hawai'i Revised Statutes shaU be made within sixty (60)days of August16,2010.If an operator as defined under Subsection (c)fails to apply for a Noncon&rmmg Use Certificate within sixty (60)days of August 16,2010,then the Planning Director shaU assess an admmistrative late applLcation processing fee of one tliousand five hundred dollars ($1,500.00)at filing.A Nonconforming Use Certificate may be issued for a single family transient vacation rental located on land m the State of Hawai'i's land use Agricultural District if: (1)It was built prior to June 4,1976;or (2)The applicant has obtained a Special Permit under Hawai'i Revised Statutes,Sec.205-6 which specificaUy permite a vacation rental on the subject property. (A)An appUcation for a Special Permit shall include verification by the applicant that the farm dwelhng unit was being used as a vacation rental on an ongoing basis in accordance with Subsection (c). (B)An application for a Special Pennit pursuant to Hawai'i Revised Statutes Sec.205-6 and Chapter 13 ofthe Rules ofPractice and Procediires of the Plamiiiig Conamission that is deemed complete by the Planning Director must be filed within one (1)year ofAugust 16,2010. Upon completion ofthe application,the Planning Director shaU issue a provisional certifi.cate that will allow the transient vacation rental to operate.The provisional certificate shall be null and void after the Planning Commission or the Land Use Commission makes a decision upon the application. (C)In addition to the Special Permit standards set forth in Hawai'i Revised Statutes Sec.205-6 and Chapter 13 of tbe Rules of Practice and Procedure of the Planning Commission,tlie Planning Comm.iasion may only grant a Special Permit if,prioi to March 7,2008: (i)the property upon which the transient vacation rental is located had a registered agricultural dedication pursuant to the guidQlmes set forth in the County of Kaua'i's Department of Finance Real Property Tax Division Agricultural Dedication Program Rules;(ii)a bona fide Proposed Draft Bill (No.2822) agricultural operation existed,as shown by State General Excise Tax Forms and/oi Federal Income Tax Form 1040 Schedule F filings;or (iii) the Planning Commission finds that the size,shape,topography, location or surroundings oftlie property,or other circumstances,did not allow an applicant to qualify for an agricultural dedication piu-suant to the County of Kauai's Department of Finance Real Property Tax Division Agricultural Dedication Program Rules or inhibited mtensive agricultural activities. (D)If the application for the Special Permit is graiited,then the transient vacation rental operation shall be subject to conditions imposed by the Planning Commission or the Land Use Gommission. (E)If the application for Special Permit is denied,then the Nonconformmg Use Certificate shall not be issued and the transient vacation rental must cease operatiou. (e)The owner,operator,or proprietor shall have the burden of proof in establishing that the use is properly nonconforming based on the following documeatation which shaU be provided to the Planrung Du-ector as evidence of a nonconforming use:records of occupancy and tax documents,including all relevant State ofHawai'i general excise tax filings,all relevant transient accommodations tax fiUngs,Federal and/or State of Hawaii income tax returns for the relevant time period,reservation lists,and receipts showing paynient.Other reliable inforination may also be provided.Based on the evidence submitted,the Planning Director shall determine whether to issue a Nonconforming Use Certificate for the single family transient vacation rental. (f)The PIanning Director shall make avaUable to the public at the Planning Department counter and on the County of Kaua'i website a Ust of all completed appUcations for Nonconforming Use Certificates.Applications deemed completed shaU concurrently be made available to the pubUc.Copies of appUcations shaU also be inade available to the public as pubhc information,as provided by H.R.S. Chapter 92F (the Umform Information Practices Act).Such list shall mclude the names of the applicants and the tax map key number of the parcels which are the subject ofthe applications.The Planiiing Department may physically inspect a single famUy transient vacation rental prior to a Nouconforming Use Certi&cate being issued. (g)The Plaaniag Director shaU prepare an application form which shall be available to the pubhc.If an operator as defined under Subeection (c)faUs to apply for a Nonconforming Use Certificate within sixty (60)days of August 16,2010 the Planning Director shall assess sm administrative late application processmg fee of one thousand five hundred dollais ($1,500.00)at filing.Applications received more than one (1)year after August 16,2010 shall not be accepted and the use of a transient vacation rental shaU be deemed discontinued. (h)The owner or lessee who has obtained a Nonconforming Use Certificate under this Section shaU apply to renew the Nonconfoiming Use Certificate annuaUy on the date ofissuance ofthe Nonconforming Use Certificate. (1)Bach application to renew shall include proof that there is a currently valid State of Hawaii general excise tax license Emd transient accorrmiodations tax license for the nonconforming use and shall be received by the Department prior to the expiration date of a held Nonconforming Use Certificate.Failure to meet this condition will result in the automatic denial ofthe application for renewal ofthe Nonconforming Use Certificates. (2)Upon renewal,the Planning Department may initiate re-inspection ofproperties for compliance with other provisions ofthis chapter, or other pertinent land use laws,and may withhold approval of a renewal application and issue cease and desist notices to the applicant until aU violations have been resolved to the satisfaction of the Planning Director. 10 Proposed Draft Bill (No.2822) (3)The applicant shall pay an annual renewal fee of seven hundredfifty dollars ($750.00)which shall be deposited into the County General Fund. Sec.8-17.11 Enforcetnent Against Illegal Transient Vacation Rentals. (a)In addition to other penalties provided by law,including,but not Umited to,Secs.8-3.5(a)aad 8-17.6,the Planning Commission Rules,as amended,the Planning Du-ector,or any memlier of the public who has didy obtained standing piirsuant to rules promulgated by the commission,may initiate proceedm.gB to revoke or modijfy the terms of a Nonconforming Use Certt&cate pursuant to the Rules of Practice and Procedures of the Planning Commission,as amended.Violations of coaditions of approval or providing false or misleading information on the application or in any information relatiag thereto at any time duriag the application process shall be groiuids for revocation or ceaae and desist orders. (b)Advertising of any sort which offers a property as a tranBient vacation rental shall constitute prima facie evidence of the operation of a tranaient vacation rental on said property and the burden ofproof shall be on the owner,operator,or lessee to establish that the subject property is not being used as a transient vacation rental or that it is being used for such purpose legally.If any unit is found to be operating unlawfully,penalties established in Secs.8-3.6(a)and 8-17.6 shall apply. Sec.8-17.12 Historic Properties Exeinption. Single family dweUing units on the National or State Register of Historic Places may be allowed to operate as a transient vacation rental through a Use Permit and by ablding by the development 8tandards speci&ed in Sec.8-17.8(b). SECTION 10.Kanyprovisionofthisorduiance,orthe applicationthereof to any person or circumstance,is held invalid,the mvalidity does not affect the other provisions or applications of this ordinance that can be given effect without the invaUd provision or application,and to this end the provisions of this ordinance are severable. SECTION 11.Ordmance material to be repealed is bracketed.New ordinance material is underscored.When revising,compiling,or printing this ordinance for inclusion in the Kaua'i County Code 1987,as amended,the brackets, bracketed material,and underscormg shall not be uicluded. SECTION12.This Ordinance shall take effect upon approval.The requirements of this Ordinance shall not affect any application which has been approved by the Commission prior to the effective date ofthis Ordinance,unless there is a subsequent approval required prior to a building permit,in which case,that subsequent application shall be subject to the relevant requirements of this Ordinance,excludmg subdivisions which have received tentative approval prior to the approval date of this Ordinance. Introduced by: ?^ LUKE A.EVSUN DATE OF INTRODUCTION: MASON K.CHOCK Lihu'e,Kaua'i,Hawai'i V:\BILLS\2020-2022 TEEMVAgOpen-no TVK D6 AMK_dmc.docx 11 Proposed Draft BU1 (No.2822) Shanlee Jimenez From: Sent: To: Subject: Planning Department Friday,May 28,2021 8:56 AM Shanlee Jimenez FW:Land Use Ooen space &Bill 2822 From:Kimber Rickabaugh <kimber@manorhouseinc.com> Sent:Friday,May 28,2021 8:21 AM To:Planning Department <planningdepartment@kauai.gov> Subject;Land Use Ooen space &Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Dear Planning Department members, 1 watched the video of the last meeting of the city council and was happy with their discussion and debate regarding Bill 2822 &open space camping use. 1 want to urge you to support Bill2822 and to encourage the Planning Department &Commission to deny Starwood Capital's request for a use permit on the Woods 1-3 in Princeville. Starwood Glamping is not camping and has built in bathrooms on zoned open land. As was correctly discussed open land use needs to be protected from commercial ventures that do not benefit the community and this Starwood Glamping is most certainly NOT proper use of open spaces on Kauai. The entire community here is appalled at this Starwood project and their request for land use...please DENY Starwood's request for the best interests of Kauai. Thank you Kimber Rickabaugh Crowe 3777 Punahele Road Princeville Kauai 96722 ^l-b^.l.'5n?1 Ka'aina S.Hull Director of Plamiing Jodi A.Higuchi Sayegusa Deputy Director ofPlanning I.SUMMARY Action Required by Planning Commission: Permit Application No. Name ofAppIicant(s): COUNTY OF KAUA'I PLANNING DEPARTMENT DIRECTOR'S REPORT Consideration ofan Ordinance amending Chapter 8,Kaua'i 1987, as amended,relating to Transient Accommodations. Zoning Amendment ZA-2021-2 KAUA'I COUNTY COUNCIL II.PERMIT INFORMATION III.LEGAL REQUIREMENTS r4.^.^ JUL 1 3 2021 v:\2021masterfiles\amendments\zoning\z3-2021-2\reports\report-16.25,21 mv_za-2021-2 campgrounds.docx AMENDMENTS [X]Zoning Amendment Pursuant to KCC Section 8-3.4(a),as amended,a Zoning Amendment is necessary when changing the text whenever the public necessity and convenience and the general welfare require an amendment. General Plan Amendment I1 Community Plan Amendment State Land Use District Amendment KCC Section 8-3.4 Public Hearing Date: JULY13,2021 Date of Publication: Junel 1,2021 Date of Director s Report: June 25,2021 IV.DESCRIPTION OF THE AMENDMENT The proposed legislation (see attached Exliibit A)amends Section 8-1.5 (Definitions), Section 8-2.4 (Use Table),and Section 8-4.9 (Development ofOther Uses in a Residential District)ofthe Comprehensive Ordinance (1987)relating to "undeveloped campgrounds" and "developed campgrounds."In addition,new sections are added to clarify where developed campgrounds are prohibited. Specifically,the draft bill: 1)Clarifies the definitions of "undeveloped campgrounds"and "developed campgrounds";amends the use table to prohibit "developed campgrounds"in the Open Zoning District (0)and the Agriculture Zoning District (A); 2)Amends the use table to outright permit "developed campgrounds"in the Resort Zoning District (RR)and the General Commercial Zoning District (C- G);and 3)Adds new language under Section 8-8.7 and Section 8-9.6 to clarify that developed campgrounds are prohibited in the Open (0)and Agriculture (A) Zoning Districts It should be noted that the proposed legislation (see attached Exhibit A)amends portions of the original draft bill transmitted by the County Council (see attached Exhibit B).The table below fiirther clarifies some ofthe major differences between the proposed legislation and the County Council's draft bill. CZO Section to be Amended Sectfon 8-1.5 Definitions Developed Csimpgrounds ZA-2021-2 Director'sReport Kaua'i County Council July 13,2021 Existing versus Proposed Language 1.Eristine Lanenaee in the CZO "Developed Campgrounds"means land or premises designed to be used,let,or rented for temporaiy occupancy by campers traveling by automobile or otherwise and which contain such facilities as tent sites,bathrooms or other samtary facilities, piped water instaUatioiis,and parking areas,but not including mobile home parks. Developed campgrounds may include facilities for the temporary placement ofcamp traileis and camping vehicles which are utilized for non-pennanent residential uses at no more than six (6)vehicles per acre." 2.Council Verslon "Developed Campgrounds"means land or premises designed to be used,let,or rented for temporary commercial occupancy by campers traveling by automobile or otherwise and which contain such facilities as tent sites,bathrooms or other sanitaiy facilities,piped water installations,and parking areas,but not including mobile home parks.Each individual tent campme site offers a campsite that mav have geimanent footines.platfonns.and/or private restroom facilities.Developed campgrounds may include facilities for the temporaiy placement of camp trailers 2 |P ag e ^ and camping veMcles which are utilized for non-pemianent residential uses at no more than six (6)vehicles per acre." 3.Department Version "Developed Campgrounds"means land or prcmises designed to be used,let,or rented for [temporaiy]compensation.monetary or otherwise.for transient occupancy by campers traveling by automobile or otherwise and which contain such facilities as tent sites,bathmoms or other sanitary facilities,piped water mstallations,and parking areas,but not mcluding mobile home parks.Each individual tent campine site offers a campsite fhat mav have permanent footmes. platforms,and/or private restroom facilities.Developed campgrounds may mclude facilities for the temporary placement ofcamp trailers and camping veUcles which are utilized for non-permanent residential uses [at no more than sbt (6)vehicles per acre]." Section 8-1.5 Definitions Undeveloped Campgrounds 1.Existins Laneuaee in the CZO "Undeveloped Campgrounds"means land or premises designed to be used for temporary occupancy by campers traveling by foot or horse which may contam facilities and fireplaces,but do not contain facilities as are provided at developed campgrounds." 2.CouncU Version "Undeveloped Campgrounds"means land or premises designed to be used [for temporary occupancy by campers traveling by foot or horse which may contain facilities and fireplaces,but do not contain facilities as are provided at developed campgrounds]by propertv owners and their euests for non-commercial camping purposes.There are no permanent footings orplatforms,and_there are no permanent sfructures.There is no compensation,monetarv or otherwise,for use ofthis site. 3.Department Version "Undeveloped Campgrounds"means land or premises designed to be used [for temporary occupancy by campers traveling by foot or horse which may contain facilities and fireplaces,but do not contain facilities as are provided at developed campgroimds]by propertv owners and their guests for non-commercial camping purposes.There are no permanent footings^or platforms,and_there are no pemianent stmctures.There is no compensation,monetary or otherwise,,for use ofthis site. Section 8-2.4 TabIeofUses Resort Zoning District Section 8-2.4 TableofUses ZA-2021-2 Director's Report fCaua'i County Council Julyl3,2021 3|Page Use Eristing Council Version Department Draft Developed Campgrounds N/A p p General Commercial Zoning District Setitlon 8-2.4 -Tii!M^|81BU!(ig|^ l%%niiM8ct^ Section 8-2.4 TableofUses Open Zoning District dIlpnffliiJrVSnSiuie'ibaiiieiGZO ^..-.';8;.FiS^^;-''; |^|^|||^|gijl|||g)g||l;(y^^^^''^'^5^^%^^f^'f^y^'''^^^^'-i:^'"'-'' •^S ^%1^%%^ ^'#8BI%tSSS^8 Sa.ffiKSSsi^iS '•",^^w^'€^;<^N^^.^^i^^l^lM^Si .:^^y^^^jK^^ •W:>wSwsSSWt>!S ;eZoniiffil>ngaN8!B ?tt<(%IS8W13^^a^w^l?etai^^!'?tBi^t:^i^s^im^ C^li^isacfft^jj^tfn^'jl^lJsft^PenBit.QrVanance.PemutA^;;:•w.'^.r::-i^" 3.'a^DCT>artinentVennlon •'.-'.:;'.;"/•:,:',:;^.:'^,,...-,:•?. ZA-2021-2 Director's Report Kaua'i County Council Julyl3,2021 4|Page Use Existing Council Version Department Draft 1 Developed Campgrounds N/A p p •iVMXy S I-^MM^^^'.^'K^.:';;A.ii;"H^g'y''^'.^.i^,:'/';-;"..'."^^' l;E:c"une'"''l sS'BSSs^'-^i ?C<iuni:Bf/:l::'"' titon¥.:"1'^ 'DCTijiirtmeint' Ij^^l^^^ll'SSSWit;^iWIWIS Mm^'w W /^ ^ Use Existtng CouncU Version Department Draft Developed Campgrounds u [U][U] NEW Section 8-8.7 Developed Campgrounds in Agriculture Zoning Districts All permittcd uses,all uses requiring a Use Peimit,and all Uses allowed by variance other than residential shall coiiform to: (a)Development standards established for the disti'ict in which they are normally permitted,provided that: (1)The mimmum distance from property lines shall be the same as that required for single family detached dwellings;and (2)The maximum building heights shall be the same as that required for single family detached dwellings;[or]and (3)Developed campErounds are prohibited in all Residential ZoninE Districts:or (b)The requirements and conditioiis imposed by the Plamung Commission in granting the Use Pennit or Variance Peimit." 1.Existine Laneuase in the CZO N/A 2.Council Version "Sec.8-8.7 Developed Camperounds in Aericulture Zoninz Districts. Developed campgrounds are prohibrted in all Agriculture Zoning Districts. 3.Department Version "Sec.8-8.7 Developed CampBrounds inAariculture Zonine Districts. Developed campgrounds are^rohibjted m all Agriculture Zoning Districts. NEW Section 8-9.6 Developed Campgrounds in Open Zoning Districts 1.Eristine Laneuase m the CZO 2.Council Version "Sec.^5.6 Developed CampErounds in Open Zonin2 Districts. Deyelot)ed_campgroimds are_BrohibitdJnall Open Zonine Districts." 3.Deoartment Version "Sec.S^.6 Developed CampETounds tn Open Zoiiine Districts. Developed camperoimds are prohibited in all Open Zoiiine Districts." In contrast to the CpuncU version,the Department v^rsion dfles not amend this section. Time Sharing and Transient Vacation Rentals ZA-2021-2 Director's Report Kaua'i County Council Julyl3,2021 5|Page V.AMENDMENT JUSTIFICATION —— The primary function ofthe draft bill is to prohibit developed campgrounds in the Open (0) Zoning District and the Agriculture (A)Zoning District in order to ftlrther restrict transient accommodation uses from proliferating m areas outside ofthe Visitor Destination Areas. In addition,this draft bill outright permits developed campgrounds in the Resort and General Commercial Zoning Districts-areas where transient accommodations are appropriate and outright permitted uses. The draft bill does not amend portions of the Transient Vacation Rental sections as such changes are intended to be addressed at a fiiture date through a separate draft bill. VI.AGENCY COMMENTS See attached Exhibit C. VII.PRELIMINARY EVALUATION In evaluating the proposed zoning amendment,the following aspect should be taken into consideration: 1.The proposed request is to be evaluated pursuant to Section 8-3.4(d)ofthe KCC,as amended,relating to the consideration ofaproposed amendment and it reads: "(d)Consideration.In considering an amendment,the Planning Commission shall consider the purposes ofthe existing and proposed changes to the Zoning Ordinance.A change in the Zoning Map or text shall not be made unless the change will filrther the public necessity and convenience and the general welfare." The proposed legislation will promote the public necessity and convenience and the general welfare by managing growth and preserving mral areas. 2.General Plan The proposed bill is in aligmnent with the following goals and policies ofthe General Plan,which emphasizes the protection and preservation ofKaua'i's natural beauty: A.Section 1.3,entitled "Visions and Goals" 1)Goal #1:"Unique and Beautiful Place"-The proposed draft bill will ensure that natural and cultural landscapes,located within the Open (0) and Agriculture (A)zoning districts,will continue to be protected and preserved as part ofKaua'i's natural beauty. ZA-2021-2 Director'sReport Kaua'i County Council July 13,2021 6|Page B.Section 1.4,entitled "Policies to Guide Growth" 1)Policy #1:"Manage Growth to Preserve Rural Character"-To preserve rural areas,the draft bill will prohibit developed campgrounds in the Open (0)and Agriculture (A)zoning districts to maintain the rural character in between towns,but will direct such uses to be outright permitted in the Resort (RR)and General Commercial (C-G)zoning districts.Directing growth and transient accommodations to the towns ensures that open space and scenic views are protected and preserved. 2)PoUcy #8:"Protect Kaua'i's Scenic Beauty"-The proposed draft bill will directly protect Kaua'i's scenic beauty by ensuring that open spaces and scenic view corridors will be preserved, 3)Policy #11:"Help Agricultural Lands Be Productive"-The proposed draft bill will ensure that agricultural lands will be utilized for the active production and promotion ofagricultural activities.Prohibiting developed campgrounds as transient accommodations on agricultural lands will preserve the land supply available for agricultural uses. 3.As set forth in the General Plan,the protection ofopen space and scenic view corridors is what makes Kaua'i a unique and beautifiil place to live and to visit. Therefore,growth must be managed to preserve our rural character. 4.Although developed campgrounds are currently allowed in the Open (0)and Agriculture (A)zoning districts,such uses are no longer appropriate in these areas and better directed in urban areas such as in the Resort (RR)and the Commercial-General (C-G)zoning districts.This proposed bill will allow developed campgrounds to be consistent with transient accommodations which are uses that are allowed within the Resort (RR)and Commercial-General (C-G) zoning districts. 5.In contrast to the County Council draft bill (see Exhibit B),the Department's proposed draft bill (see Exhibit A)focuses only on the campground aspects and does not address the Transient Vacation Rental sections which require further assessment and analysis.The administration intends to work with the County Council on possible further vacation rental modifications in the fiifaire. VIII.PRELIMINARY CONCLUSION Based on the foregoing fmdings and evaluation,it is concluded that the proposal is reasonable and appropriate. IX.PRELIMINARY RECOMMENDATION ZA-2021-2 Director's Rqmrt Kaua'i Couaty Council JulyI3,202I 7|P ag e Based on the foregoing evaluation and conclusion,it is recommended that the subject request to amend Section 8-1.5,Scction 8-2.4,Section 8-4.9,Section 8-8.7,and Section 9.6 ofthe Kaua'i County Code (1987),as amended,be TENTATIVELY APPROVED and DEFERRED pending ftlrther analysis with community groups and govemment agencies. Marisa Digitally signed by Marisa Valenciano D.1te:2021.06.25Byvaienciano7s':42:35''io'oo'- Marisa Valenciano Planner Approved &Recommended to Commission: By Digitally signed by Jodi Jodi Higuchi £^,.06.25 15:44:38-10'00' KA'AINA S.HULL Director ofPlanning Date:6/25/21 ZA-2021-2 Director's Report Kaua i County Couacil JulyI3,2021 8|Page EXHIBIT"A" Proposed Bil Planning Department Version (June2021) Planning Department Version for Planning Commission Mtg.July 13,2021 ORDINANCE N0.BILL N0. A BD.L FOR AN ORDINANCE AMENDING CHAPTER 8, KAUA'I COUNTY CODE 1987,AS AMENDED, RELATmG TO TRANSIENT ACCOMMODATION8 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA'I,STATE OF HAWAI'I: SECTION 1.Chapter 8,Section 8-1.5,Kaua'i County Code 1987,as amended,is hereby amended by amending the definition of "Developed Campgrounds","Undeveloped Campground",and "Organized Recreation Camps as follows: "Developed Campgrounds means land or premises designed to be used, let,or rented for [temporary]compensation.monetarv or otherwise,for transient occupancv by campers traveling by automobile or otherwise and which contain such facilities as tent sites,bathrooms or other sanitary facilities,piped water installations,and parking areas,but not including mobile home parks.Each individual tent campine site offers a campsite that mav have permanent footings.platforms.and/or private restroom facilities. Developed campgrounds may include facilities for the temporary placement of camp trailers and camping vehicles which are utilized for non-permanent residential uses [at no more than six (6)vehicles per acre]. ["Undeveloped Campground"means land or premises designed to be used for temporary occupancy by campers traveling by foot or horse which may contain facilities and fireplaces,but do not contain facilities as are provided at developed campgrounds.]"Undeveloped CampKrounds"meansjland or _Bremises _designed to be used bv Dropertv owners and their euests for non-commercial campine purBfises.There are no uermanent footines or platforms,an^there are_jio oermanent structures.There is jio compensation,nionetary or otherwise.for use ofthis site. SECTION2.Chapter 8,Kaua'i County Code 1987,as amended,is hereby amended by amending Table 8-2.4 -Table of Uses,in pertinent part,to outright permit "Developed campgrounds in the Resort Zoning District as follows: Sec.USE ZONINGDISTRICT Residential Commercial Industrial AG o UNV 'RT to R-6 R-10 to R-20 RE CN CG IL 10 8-2.4(g)(1)Accessory uses and structures p 8-2.4(g)(2)Apartment hotels p 8-2.4(g)(3)Automobile service and storage p 8-2.4(g)(4)Barber shop and beauty shop p 8-2.4(g)(5)Commercial recreation p 8-2.4(el (6)DeveloEed campsrrounds p [8-2.4(g)(6)] 8-2.4(e)(7)Gift shops p [8-2.4(g)(7)I 8-2.4(g)(8)Golf courses p Planning Department Version for Planning Commission Mtg.July 13,2021 SECTION3.Chapter 8,Kaua'i County Code 1987,as amended,is hereby amended by amending Table 8-2.4 -Table of Uses,in pertinent part,to outright permit "Developed campgrounds"in the General Commercial Zoning District as follows: Sec.USE ZONING DISTRICT Residential Commercial Industrial AG o UNV in- to R-6 R-10 to R-20 RR CN CG IL IG [8-2.4(g)(8)] 8-2.4(el (9)Home business p [8-2.4(g)(9)] 8-2.4(e)(10)Hotels p [8-2.4(g)(10)] 8-2.4(e)(ll)Laundromat p [8-2.4(g)(11)] 8-2.4fe)(12)Libraries p [8-2.4(g)(12)l 8-2.4(e)(13)Motels p [8-2.4(g)(13)] 8-2.4(el (14)Museums p [8-2.4(g)(14)] 8-2.4(£)(15)Police and fire stations p [8-2.4(g)(15)] 8-2.4(e)(16)Public parks and monuinents p [8-2.4(g)(16)] 8-2.4fe)(17)Restaurants and food service p [8-2.4(g)(17)][Retail cleaning outlets][p] 8-2.4(g)(18)Retail cleaning outlets p 8-2.4(g)(19)Retail food and drug shops p 8-2.4(g)(20)Shoe repair shops p 8-2.4(g)(21)Single family detached dwellings p 8-2.4(g)(22) Transient vacation rentals,provided they are located within the designated Visitor Destination Areas established pursuant to Article 17 ofthis Chapter.These uses are prohibited in non-VDA areas. p Sec.USE ZOMING DISTRICT Residentiat Commercial Industrial AG o UNV 'WT to R-6 R-10 to R-20 RR CN CG IL IG 8-2.4(j)(1)Accessory uses and structures p 8-2.4CJ)(2)Automobile sales,repair,and storage p 8-2.4(j)(3)Automobile services p 8-2.4(j)(4)Churches,temples,and monasteries p 8-2.4(j)(5)^lubs,lodges,and community centers p 8-2.4(j)(6)Commercial indoor amuseinent and parks p 8-2.40-)(7)Department stores p 8-2.4d)(8)Developed camperounds p [8-2.4(j)(8)] 8-2.40)(9)Hotels and motels p [8-2.4(j)(9)] 8-2.4d)(10)Household services p [8-2.4(j)(10)] 8-2.4(i)(ll) Light manufacturing,such as handicrafts and garment fabrication p Planning Department Version for Planning Commission Mtg.July 13,2021 SECTION4.Chapter 8,Kaua'i County Code 1987,as amended,is hereby amended by amending Table 8-2.4 -Table of Uses,in pertinent part,to prohibit "Developed campgrounds"in the Agriculture Zoning District as follows: Sec.USE ZONING DISTRICT Residential Commercial Industrial AG o UNV TtT to R-6 R-10" to R-20 RR CN CG IL IG [8-2.4(j)(11)] 8-2.4d)(12) Minor food processing,such as cracked seeds,jellies,candies,and ice cream p [8-2.40')(12)] 8-2.4d)(13)Museums,libraries,and public services p [8-2.41J)(13)] 8-2.4(i)(14)Offices and professional buildings p 18-2.4U)(14)] 8-2.4d)(15)Parking garages p [8-2.4(j)(15)] 8-2.4d)(16)Personal services p 18-2.4(j)(16)] 8-2.4d)(17)Public offices and buildings p [8-2.4(j)(17)] 8-2.4(i K 18)Public parks and monuments p [8-2.4(j)(18)] 8-2.4(0(19)Research and development p [8-2.4(j)(19)] 8-2.4d)(20) Residential dwellings,detached,attached or multi-family dwellings p [8-2.4(j)(20)] 8-2.4(D (21)Restaurants and food services p [8-2.4(j)(21)] 8-2.4d)(22)Retail sales p [8-2.4CJ)(22)] 8-2.4d)(23)Supermarkets and shopping centers p [8-2.4^)(23)] 8-2.4d)(24) Transient Vacation Rentals,provided they are located within the designated Visitor Destination Areas established pursuant to Article 17 ofthis Chapter.These uses are prohibited in non-VDA areas. p [8-2.4(j)(24)] 8-2.4d)(25)Transportation tenninals and docks p [8-2.40')(25)] 8-2.4d)(26)Warehouses p [8-2.4(j)(26)] 8-2.4d)(27)Wholesale Outlets p Sec.USE ZONING DISTRICT Residential RR Commercial Industrial AG o UNV R-lto R-6 R-10 to R-20 CN CG IL IG 8-2.4(r)(l)Animal hospitals u 8-2.4(r)(2)Botanical and Zoological gardens u 8-2.4(r)(3)Cemeteries u 8-2.4(r)(4)Churches,temples,and nionasteries u 8-2.4(r)(5)Commercial Recreation u 8-2.4(r)(6)Construction and worker temporary housing u Planning Department Version for Planning Commission Mtg.July 13,2021 SECTION5.Chapter 8,Kaua'i County Code 1987,as amended,is hereby amended by amending Table 8-2.4 -Table of Uses,in pertinent part,to prohibit "Developed campgrounds"in the Open Zoning District as follows: Sec.USE ZONING DISTRICT Residential RR Commerciat Industrial AG o UNV R-lto R-6 R-10 to R-20 CN CG IL IG [8-2.4(r)(7>][Development campgrounds][U] [8-2.4(r)(8)] 8-2.4(rt (7)Farm worker housing u [8-2.4(r)(9)] 8-2.4(r)(8)Farmers Markets u [8-2.4(r)(10)l 8-2.4(rl (9)Golfcourses u [8-2.4(r)(lD] 8-2.4(rl (10)Mineral extraction and quarries u [8-2.4(r)(12)] 8-2.4(rt (11) Pet keeping and raising proposed within five biundred (500)feet ofany Residential District u [8-2.4(r)(13)l 8-2.4(rt (12) Piggery,when to be located within three .housand (3,000)feet ofany Use District u [8-2.4(r)(14)] 8-2.4fr)(13) Poultry [and piggeries]Raising,when to be .ocated within three thousand (3,000)feet of uiy Use District u [8-2.4(r)(15)l 8-2.4(rt (14)Private and public utilities facilities u [8-2.4(r)(16)] 8-2.4tr)15 itestaurants and food services U2 [8-2.4(r)(17)l S-2.4(r)(16)^etail Sales u [8-2.4(r)(18)] 8-2.4(rl (17)schools and day care centers u [8-2.4(r)(19)l 3-2.4fr)(18)Fransportation terminals u [8-2.4(r)(20)l 3-2.4(rt (19) \ny other use or structure which the Planning ^irector finds to be similar in nature to those isted in this Section and appropriate to the .)istrict u Sec.USE ZONING DISTRICT Residential Commercial Industrial AG o UNV ~R-T to R-6 R-10 to R-20 RR CN CG IL IG 8-2.4(t)(l)Cominunication facilities TT 8-2.4(s)(2)Day care centers ~u- [8-2.4(s)(3)]'[Developed campgrounds]JHL [8-2.4(s)(4)] 8-2.4(s)(3)Home businesses u [8-2.4(s)(5)l 8-2.4(s)(4)Intensive agriculture u (8-2.4(s)(6)] 8-2.4(s)(5) Livestock and grazing within the Urban District as established by the State Land Use Commission u Planning Department Version for Plamiing Commission Mtg.July 13,2021 SECTION6.Chapter 8,Article 4,Kaua'i County Code 1987,as amended,is hereby amended by amending Sec.8-4.9 as follows: "Sec.8-4.9 Developnient of Other Uses in a Residential District. All permitted uses,all uses requiring a Use Permit,and all Uses allowed by variance other than residential shall conform to: (a)Development standards established for the district in which they are normally permitted,provided that: (1)The minimum distance from property lines shall be the same as that required for single family detached dwellings;and (2)The maximum building heights shall be the same as that required for single family detached dwellings;[or]and (3)_Develoued campgrounds are prohibited in all Residential Zoning Districts;or (b)The requirements and conditions imposed by the Planning Commission in granting the Use Permit or Variance Permit." SECTION7.Chapter 8,Article 8,Kaua'i County Code 1987,as amended,is hereby amended by inserting a new Sec.8-8.7 as follows: "Sec.8-8.7 Developed Camoerounds in Aericulture Zoning Districts, Developed campgrounds are prohibited in all AEfriculture Zoning Districts. SECTION8.Chapter 8,Article 9,Kaua'i County Code amended,is hereby amended by inserting a new Sec.8-4.9 as follows:"Sec.8-9.6 Developed CaniBgrounds iiLOBen ZoninfcDistricts. 1987,as Developed campCTQunds are prohibited in all OpeiiZonine Districts." Sec.USE ZONING DISTRICT Residential Commercial Industrial AG o UNV "RT to R-6 Tt^lT to R-20 RR CN CG IL IG [8-2.4(s)(7)] 8-2.4(s)(6) Organized recreation camps u 18-2.4(s)(8)] 8-2.4(s)(7)Outdoor recreation concessions u [8-2.4(s)(9)] 8-2.4(s)(8)Police and fire facilities u l8-2.4(s)(10)] 8-2.4(s)(9)Quarries u [8-2.4(s)(11)] 8-2.4(s)(10)Recreation vehicle parks u [8-2.4(s)(12)] 8-2.4(s)(ll)Religious facilities u [8-2.4(s)(13)] 8-2.4(s)(12)Utility installations u [8-2.4(s)(14)] 8-2.4(s)(13) Any other use or structure which the Planning Director finds to be similar in nature to those listed in this Section and appropriate to the District u Planning Department Version for Planning Commission Mtg.July 13,2021 SECTION9.Chapter 8,Article 17,Kaua'i County Code 1987,as amended,is hereby amended as follows: "ARTICLE 17.TIME SHARING AND TRANSIENT VACATION RENTALS Sec.8-17.1 Liinitations on Location. Except as provided in this Section,time share units,time share plans,and transient vacation rentals are prohibited. Sec.8-17.2 Permitted Time Share Locations. Subject to the limitations contained in Secs.8-17.4 and 8-17.5,time share units and time share plans are allowed: (a)In hotels in Resort or Commercial Districts;and (b)In the Resort RR-10 and RR-20 Districts and Multi-Family R-10 and R-20 Residential Districts when such districts are located within the Visitor Destination Areas of Po'ipu,Lihue,Wailua Kapa'a or Princeville,as more particularly designated on County ofKaua'i Visitor Destination Area maps attached to Ordinance No.436 and incorporated herein by reference.The boundary lines established on these visitor destination maps shall be transferred onto the Official Zoning Maps for reference purposes. (c)Time share units and time share plans are prohibited in the R-l,R-2, R-4 and R-6 Residential Districts. Sec.8-17.3 Permitted Locations for Multi-Family Transient Vacation Rentals. Subject to the limitations contained in Sec.8-17.5,multi-family transient vacation rentals are allowed: (a)In hotels in Resort or Commercial Districts;and (b)In Resort Districts and Residential Districts within the visitor destination areas as more particulariy designated on County ofKaua'i Zoning Maps. Sec.8-17.4 Time Sharing in Projects Located Within Visitor Destination Areas and Hotels in Resort or Coininercial Districts. If the project in which the time share unit or time share plan is to be created contains an existing time share unit or time share plan,then time share units and plans shall be regulated according to the terms ofthe project instruments. If the project in which the time share unit or time share plan is to be created is not a hotel and does not contain time share units or time share plans,then such use may be created only if such use is explicitly and prominently authorized by the project instruments,or the project instruments are amended by unanimous vote of the unit owners to explicitly and prominently authorize time sharing.Provided, however,that time share units and time share plans permitted under this Section shall be limited to the Visitor Destination Areas described in Sec.8-17.2,and to hotels in Resort or Commercial Districts. Sec.8-17.5 Existing Tiine Share and Multi-Family Transient Vacation Rental Uses. (a)Time Share Units,Time Share Plans,and Multi-Family Transient Vacation Rentals Existing On or Before September 22,1982,That Are Not Located in Visitor Destination Areas.Time share units,time share plans,or multi-family vacation rentals existing on or before September 22,1982 that are not located within the visitor destination areas described in Sec.8-17.2 may continue as allowed uses. However,no additional time share units,time share plans,or multi-family transient vacation rentals outside the visitor destination area shall be created after September 22,1982.The uses left unimpaired by this Subsection shall not be lost by the failure to exercise the use unless it clearly appears that the use has been abandoned for a period in excess of two (2)years.This Subsection shall not apply to hotels in Resort or Commercial Districts. 6 Planning Department Version for Planning Commission Mtg.July 13,2021 (b)Time Share Units,Time Share Plans,and Transient Vacation Rentals in Projects Located Within Visitor Destination Areas Existing On or Before September 22,1982.Time share units and time share plans in projects existing on or before September 22,1982,and located within areas described in Sec.8-17.3 shall be regulated in accordance with the provisions ofSec.8-17.4. Sec.8-17.6 Penalty. An owner of any unit which is operated in violation of this Article,and/or any other person,firm,company,association,partnership or corporation violating any provision of this Article,shall each be fined not less than five hundred dollars ($500.00)nor more than ten thousand dollars ($10,000.00)for each offense. This civil fine may be in addition to any criminal fines.If any person fails to cease such violation within one (1)month,such person shall be subject to a new and separate violation for each day the violation continues to exist. (a)Actions by County Attorney.The County Attorney may file a civil action to enjoin any violation of this Article and collect any penalties provided for by this Article. (b)Disposition ofFines.All fines imposed for violations ofthis Article shall be paid to the Director of Finance to the credit of the Development Fund. Sec.8-17.7 Amendnients to Visitor Destination Areas Designations. Amendments to the location and/or boundaries ofthe Visitor Destination Areas shall be made in accordance with the amendment provisions of Sec.8-3.4 of this Chapter 8,provided that the burden of proof rests with the applicant to show upon the clear preponderance of the evidence that the amendment is reasonable.The criteria for evaluating such proposed amendments shall be as follows: (a)The proposed amendment is consistent with the General Plan and the Development Plan. (b)The parcel or parcels to be afEected by the proposed amendment are suitable for Visitor Destination Area uses. (c)The availability of existing public services and facilities in the affected areas and whether the requested public services and facilities for the proposed change in use can be met without undue burden. (d)The proposed change will conflict with other existing uses in the affected area. (e)The proposed change will cause or result in unreasonable air,noise,or water pollution,or will adversely affect irreplaceable natural resources. (f)The affected areas contain or are in close proximity to other areas that contain: (1)Large numbers of hotel and/or multiple family dwelling units suitable as accommodations by temporary visitors. (2)Lands designated for Resort Use on the General Plan or having Resort zoning. (3)Outdoor or commercial recreational facilities,such as beaches, golfcourses,tennis courts and other similar facilities. (4)Tourist related commercial facilities,such as gift shops,food stores,recreational equipment and services shops,tour and transportation service terminals,restaurants,bars,night clubs,cabarets,shopping centers, theaters,auditoriums,and other similar facilities. (g)The proposed change will include or adversely affect predominantly residential neighborhoods. Sec.8-17.8 Single Fainily Transient Vacation Rentals. (a)Notwithstanding any underlying zoning designation and with the exception of properties on the National or State Register of Historic Places,single family transient vacation rentals are prohibited in all areas not designated as Visitor Destination Areas. Planning Department Version for Planning Commission Mtg.July 13,2021 (b)Development Standards for Single Family Vacation Rentals Permitted Within Visitor Destination Areas and Holders of Nonconforming Use Certificates. Development standards shall be the same as those for single family detached dwellings in Secs.8-4.5 through 8-4.8,inclusive,with the following additions: (1)Applicant for a single family transient vacation rental shall designate a contact person or owner's representative who shall be available on a twenty-four (24)hour,seven (7)days-per-week basis.Applicant shall provide the name and contact information to neighbors adjacent to and directly across subject vacation rental,the Planning Department,the Kaua'i Police Department,the Kaua i Civil Defense Agency,and the Kaua'i Visitors Bureau upon issuance of a nonconforming use certificate or registration number. Owner is responsible for keeping information updated with all agencies. (2)One (1)outdoor sign no larger than one (1)square foot shall be posted in a visible place on a wall,fence,or post immediately inside or on the front boundary of the property where it is easy to see,for the purpose of providing the current Nonconforming Use Certificate number or the Registration Number and the 24/7 phone number.No other signs shall be allowed and there shall be no direct illumination of the required sign.The numbers on the sign shall be no smaller than two (2)inches in height. (3)The applicant shall provide a list ofrequirements and information entitled For the Safety and Comfort ofYou and Your Neighbors."This shall provide essential information to the visitor and shall seek to reduce negative impacts on the surrounding neighborhood.This information piece shall be provided to the Planning Department at time ofapplication and shall be posted in a conspicuous place in the guest's sleeping quarters along with a copy ofthe Nonconforming Use Certificate or the Registration Number,whichever the case may be and if required.The list shall include,but not be limited to, suggested curfews,guidance with respect to the character of the neighborhood and gatherings and noise,and what to do in cases of emergency and natural disaster. (4)All print and internet advertising for single family vacation rentals,including listings with a rental service or real estate firm,shall include the Nonconforming Use Certificate or the Registration Number. (5)A copy of the Nonconforming Use Certificate or the Registration Number,where required,shall be displayed in the back ofthe front door ofthe sleeping quarters. (6)A site and floor plan shall be filed with the application. Sec.8-17.9 Registration of All Transient Vacation Rentals. (a)All single family transient vacation rentals,excluding,however,a time share unit in a time share plan subject to Chapter 514E of the Hawai'i Revised Statutes,as amended,lawfully existing in Visitor Destination Areas on March 7,2008 shall register with the Director of Finance on a form prescribed by the Director of Finance no later than one hundred eighty (180)days after March 7,2008.Any new single family transient vacation rental,excludes,however,a time share unit in a time share plan subject to Chapter 514E of the Hawai'i Revised Statutes,as amended, established in Visitor Destination Areas subsequent to March 7,2008 shall register with the Director of Finance prior to any such use of said rental.All single family transient vacation rental uses will be subject to Kaua'i County Code Title III, Chapter 5A. (b)No single family transient vacation rental shall operate outside a Visitor Destination Area without a Nonconforming Use Certificate obtained underSec.8-13.10. 8 Planning Department Version for Planning Commission Mtg.July 13,2021 Sec.8-17.10 Nonconfonning Use Certificates for Single Fainily Vacation Rentals. (a)The purpose of this Section is to provide a process to identify and register those single family transient vacation rentals as nonconforming uses which have been in lawful use prior to March 7,2008 and to allow them to continue subject to obtaining a Nonconforming Use Certificate as provided by this Section. (b)The owner,operator or proprietor ofany single family transient vacation rental which operated outside of a Visitor Destination Area prior to March 7,2008 shall obtain a Nonconforming Use Certificate for single family vacation rentals. (c)No Nonconforming Use Certificate shall be issued by the Planning Director unless the use as a single family rental is a legal use under the Comprehensive Zoning Ordinance,and the applicant provides a sworn affidavit and demonstrates to the satisfaction of the Planning Director that a dwelling unit was being used as a vacation rental on an ongoing basis prior to March 7,2008.The Planning Director,in making the decision,shall take into consideration,among other things,the following guidelines: (1)The applicant had a State ofHawai'i general excise tax license and transient accommodations tax license for the purpose of the lawful operation of single family transient vacation rentals for a period long enough to demonstrate actual payment oftaxes. (2)That prior to March 7,2008,applicant had deposits for reservations by transient guests in exchange for compensation for use of subject property as a vacation rental. (3)That applicant had transient guests occupy subject property in exchange for compensation prior to March 7,2008,with a pattern of consistency that evidences an ongoing and lawful enterprise. (d)Applications for Nonconforming Use Certificates for single family transient vacation rentals located on land designated Agricultural"pursuant to Chapter 205 ofthe Hawaii Revised Statutes shall be made within sixty (60)days of August 16,2010.Ifan operator as defined under Subsection (c)fails to apply for a Nonconforming Use Certificate within sixty (60)days ofAugust 16,2010,then the Planning Director shall assess an administrative late application processing fee of one thousand five hundred dollars ($1,500.00)at filing.A Noriconforming Use Certificate may be issued for a single family transient vacation rental located on land in the State of Hawai'i's land use Agricultural District if: (1)It was built prior to June 4,1976;or (2)The applicant has obtained a Special Permit under Hawai'i Revised Statutes,Sec.205-6 which specifically permits a vacation rental on the subject property. (A)An application for a Special Permit shall include verification by the applicant that the farm dwelling unit was being used as a vacation rental on an ongoing basis in accordance with Subsection (c). (B)An application for a Special Permit pursuant to Hawai'i Revised Statutes Sec.205-6 and Chapter 13 ofthe Rules ofPractice and Procedures ofthe Planning Commission that is deemed complete by the Planning Director must be filed within one (1)year ofAugust 16,2010. Upon completion ofthe application,the Planning Director shall issue a provisional certificate that will allow the transient vacation rental to operate.The provisional certificate shall be null and void after the Planning Commission or the Land Use Commission makes a decision upon the application. (C)In addition to the Special Permit standards set forth in Hawai i Revised Statutes Sec.205-6 and Chapter 13 of the Rules of Practice and Procedure of the Planning Commission,the Planning Commission may only grant a Special Permit if,prior to March 7,2008: 9 (e) establishing Planning Department Version for Planning Commission Mtg.July 13,2021 (i)the property upon which the transient vacation rental is located had a registered agricultural dedication pursuant to the guidelines set forth in the County of Kaua'i's Department of Finance Real Property Tax Division Agricultural Dedication Program Rules;(ii)a bona fide agricultural operation existed,as shown by State General Excise Tax Forms and/or Federal Income Tax Form 1040 Schedule F filings;or (iii) the Planning Commission finds that the size,shape,topography, location or surroundings ofthe property,or other circumstances,did not allow an applicant to qualify for an agricultural dedication pursuant to the County of Kauai s Department of Finance Real Property Tax Division Agricultural Dedication Program Rules or inhibited intensive agricultural activities. (D)If the application for the Special Permit is granted,then the transient vacation rental operation shall be subject to conditions imposed by the Planning Commission or the Land Use Commission. (E)If the application for Special Permit is denied,then the Nonconforming Use Certificate shall not be issued and the transient vacation rental must cease operation. The owner,operator,or proprietor shall have the burden of proof in that the use is properly nonconforming based on the following documentation which shall be provided to the Planning Director as evidence of a nonconforming use:records of occupancy and tax documents,including all relevant State ofHawai'i general excise tax filings,all relevant transient accommodations tax filings,Federal and/or State of Hawai'i income tax returns for the relevant time period,reservation lists,and receipts showing payment.Other reliable information may also be provided.Based on the evidence submitted,the Planning Director shall determine whether to issue a Nonconforming Use Certificate for the single family transient vacation rental. (f.)The Planning Director shall make available to the public at the Planning Department counter and on the County of Kaua'i website a list of all completed applications for Nonconforming Use Certificates.Applications deemed completed shall concurrently be made available to the public.Copies of applications shall also be made available to the public as public information,as provided by H.R.S. Chapter 92F (the Uniform Information Practices Act).Such list shall include the names of the applicants and the tax map key number of the parcels which are the subject ofthe applications.The Planning Department may physically inspect a single family transient vacation rental prior to a Nonconforming Use Certificate being issued. (g)The Planning Director shall prepare an application form which shall be available to the public.If an operator as defined under Subsection (c)fails to apply for a Nonconforming Use Certificate within sixty (60)days ofAugust 16,2010 the Planning Director shall assess an administrative late application processing fee of one thousand five hundred dollars ($1,500.00)at filing.Applications received more than one (1)year after August 16,2010 shall not be accepted and the use of a transient vacation rental shall be deemed discontinued. (h)The owner or lessee who has obtained a Nonconforming Use Certificate under this Section shall apply to renew the Nonconforming Use Certificate annually on the date ofissuance ofthe Nonconforming Use Certificate. (1)Each application to renew shall include proof that there is a currently valid State of Hawai'i general excise tax license and transient accommodations tax license for the nonconforming use and shall be received by the Department prior to the expiration date of a held Nonconforming Use Certificate.Failure to meet this condition will result in the automatic denial ofthe application for renewal ofthe Nonconforming Use Certificates. (2)Upon renewal,the Planning Department may initiate re-inspection ofproperties for compliance with other provisions ofthis chapter, 10 Planning Department Version for PIanning Commission Mtg.July 13,2021 or other pertinent land use laws,and may withhold approval of a renewal application and issue cease and desist notices to the applicant until all violations have been resolved to the satisfaction ofthe Planning Director. (3)The applicant shall pay an annual renewal fee of seven hundred fifty dollars ($750.00)which shall be deposited into the County General Fund. Sec.8-17.11 Enforceinent Against Illegal Transient Vacation Rentals. (a)In addition to other penalties provided by law,including,but not limited to,Secs.8-3.5(a)and 8-17.6,the Planning Commission Rules,as amended,the Planning Director,or any member of the public who has duly obtained standing pursuant to rules promulgated by the commission,may initiate proceedings to revoke or modify the terms of a Nonconforming Use Certificate pursuant to the Rules of Practice and Procedures of the Planning Commission,as amended.Violations of conditions ofapproval or providing false or misleading information on the application or in any information relating thereto at any time during the application process shall be grounds for revocation or cease and desist orders. (b)Advertising of any sort which offers a property as a transient vacation rental shall constitute prima facie evidence of the operation of a transient vacation rental on said property and the burden of proof shall be on the owner,operator,or lessee to establish that the subject property is not being used as a transient vacation rental or that it is being used for such purpose legally.If any unit is found to be operating unlawfully,penalties established in Secs.8-3.5(a)and 8-17.6 shall apply. Sec.8-17.12 Historic Properties Exeniption. Single family dwelling units on the National or State Register of Historic Places may be allowed to operate as a transient vacation rental through a Use Permit and by abiding by the development standards specified in Sec.8-17.8(b)." SECTION 10.Ifany provision ofthis ordinance,or the application thereof to any person or circumstance,is held invalid,the invalidity does not affect the other provisions or applications of this ordinance that can be given efiect without the invalid provision or application,and to this end the provisions of this ordinance are severable. SECTION 11.Ordinance material to be repealed is bracketed.New ordinance material is underscored.When revising,compiling,or printing this ordinance for inclusion in the Kaua'i County Code 1987,as amended,the brackets, bracketed material,and underscoring shall not be included. SECTION 12.This Ordinance shall take effect upon approval.The requirements of this Ordinance shall not affect any application which has been approved by the Commission prior to the efFective date ofthis Ordinance,unless there is a subsequent approval required prior to a building permit,in which case,that subsequent application shall be subject to the relevant requirements of this Ordinance,excluding subdivisions which have received tentative approval prior to the approval date of this Ordinance. Introduced by: LUKE A.EVSLIN DATE OF INTRODUCTION: MASON K.CHOCK 11 Planning Department Version for Planning Commission Mtg.July 13,2021 Lihu e,Kaua'i,Hawai i V:\BILLS\2020-2022 TERMYAgOpen-no TVR D6 AMK_dmc.docx 12 EXHIBIT"B" Proposed Bil County Council Version (April 2021) couNry COUNCIL Arryl Kaneshiro,Chair Mason K.Chock,Vice Chair Bemard P.Carvalho,Jr. Felicia Cowden BiU DeCosta Luke A.Evslin KipuKai Kuali'i Council Services Division 4396 Rice Street,Suite 209 Lau'e,Kaua'i,Hawai'i 96766 AprU 7,2021 OFFICE OF THE COUNTY CLERK Jade K.Fountain-Tanigawa,County Clerk Scon K.Sato,Deputy County Clerk Telephone:(808)241-4188 Facsimile:(808)241-6349 E-mail:cokcouncil@kauai.gov Donna Apisa,Chair and Members of the Planning Commission c/o County ofKauai Planning Department 4444 Rice Street,Suite A473 Lihu'e,Hawai'i 96766 Dear Chair Apisa and Members ofthe Planning Commission: The Kaua'i County Council,at its meeting on April 7,2021,referred the followingproposed amendments to Chapter 8,Kaua'i County Code 1987,as amended, to the Planning Commission for review and recommendation: "PROPOSED DRAFT BILL (N0.2822)-A BILL FOR AN ORDINANCE AMENDING CHAPTER 8,KAUA'I COUNTY CODE 1987,AS AMENDED, RELATING TO TRANSIENT ACCOMMODATIONS" Thank you for your continued assistance in these planning matters.Should you have any questions,please feel free to contact me at 241-4188. JAD&iC.FOUNTAIN.TANIGAWA County Clerk County of Kaua'i AMK:dmc Enclosure AN EQUAL OPPORTUNITY EMPLOYER ORDINANCE N0.BILL N0. A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUA'I COUNTT CODE 1987,AS AMENDED, RELATING TO TRANSIENT ACCOMMODATIONS BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA'I,STATE OF HAWAI'I: SECTION 1.Chapter 8,Section 8-1.5,Kaua'i County Code 1987,as amended,is hereby amended by ameuding the definition of "Developed Campgrounds"and "Undeveloped Campground"as foUows: "Developed Campgrounds means land or premises designed to be used, let,or rented for temporary commercial oecuoancv by campers traveling by automobile or otherwise and which contain such facilities as tent sites, bathrooms or other sanitary facilities,piped water instaUations,and parking areas,but not including mobile home parks.Each individual tent campine site offers a camosite that may have oermanent footines.blatforms.and/or orivate restroom facilities.Developed campgrounds may include facilities fer the temporary placement of camp trailers and camping vehicles which are utilized for non-permanent residential uses at no more than six (6)vehicles per acre. ["Undeveloped Campground"means land or premises designed to be used for temporary occupancy by campers traveling by foot or horse which may contain facilities and fireplaces,but do not contain facilities as are provided at developed campgrounds.] Undevelooed^-nmpf'Tounds"means land or cremises desiened to be used bv oroperty ^owners and theu euests for non-commercial campme ourposes.There are no permanent footmes or clatforms,and there are no permanent structures.There is no compensation.monetary or otherwise.for use oftbis site. SECTION2.Chapter 8,Kaua'i County Code 1987,as amended,is hereby amended by amending Table 8-2.4 -Table of Uses,in pertinent part,to outright permit "Developed campgrounds"in the Resort Zoning District as follows: Proposed Draft Bill CNo.2822) Sec.USB ZONINGDISTRICT Residential Conunercial Industrial AG o ~ST to R-6 "KM to B-20 RB CN CG LL IG 8-2.4(g)(1)Accessoiy uses and structiires p 8-2.4(8)(2)Apartment hotels p 8-2AWJ~(3~)AutqmobUe service and stprag^p 8-2.4(g)(4)Barber^shop an.d beauty shop .p 8-2.4(g)(6)Comm.ercial recreation p 8-2.4fe)(61 Developed campgroundB p [8-2,4(g)(6)] 8-2.4(g)(7)_Gifb shops p [8-2.4fe)(7)] 8-2.4CeH8)Grolf coiarses p [8-_2,4(g)®] 8-2A(e)(9)Home business p SECTION 3.Chapter 8,Kaua'i County Code 1987,as amended,is hereby amended by amending Table 8-2.4 -Table of Uses,in pertinent part,to outright permit "Developed campgrounds"in the General Commercial Zoning District as follows: Proposed Draft Bill (No.2822) Sec.USE ZONING DISTRICT Residential Commercial Industrial _AO o "BT b) R-6 S-IO" to R-20 HK CN co IL _IO [8-2,4fe).(9)l8-2.4fe)ao1 Hotels p [8-2.4(g)ao)] 8-2.4rey(ll)Laundromat p [8-Z.^)(11)}8-2.4fayri2V Libraries p [8-2,4(^).(12)]8-2.4fcT fl31 Motels p [8-2.4fe)a3)] 8-2.4te)<lfl Museums p [8-2,4(g)&4)]8-2.4fe)fisy PoU.ee and fire stations p (8-2,4fe)aS)] 8-2.4feT rieV PubUc parks and monuments p lS-2A^)d6)] S-2A(el(iTi Restaurants and food service p [8.2.4fe)(17)][Retail cleaning outlets]JPL 8-2.4(g)(18)Retail cleaiiing outlets p 8.2.4fe)(19)Retail food and drug shop^p 8.2.4(g)(20)Shoe repair shops p 8-2.4(g)(21)Single famUy detached dwellings p 8-2.4(g)(22) Transient vacation rentals,provided tliey are located within the designated Visitor Destination Areas eetalilished pursuant to Article 17 ofthis Chapter.These uses are prohibited iii non-VDA areas. p Sec.USE ZONING DISTSICT Residential Commercial Industrial _AG,o ~HT to R-6 Ti-W to .R-20 RB CN CG IL,IG 8-2.4Q)(1)Accessory uses and structures p 8-2.4Q)(2)Autompbjle sales,repaic,and storage p 8-2.4Q)(3)Autoniobile services p 8-2.4Q)(4)Chiu'clies,temples,and monasteTies p 8-2.40)(B)CIubs,loclges,and cominunity centers p 8-2.40)(6)Coinmercial ixidoor amusement and parks p 8-2.4Q)(7)Department stores p 8-2.41-fl f81 Developed camnerourLds T [8-2.40).(8)]8-2.4('iVfgY Hotels and motels p [8-_2.40)(9)]8-2.4CiVa6)'Household services p [8-2.40)00)] 8-2.4ffldl) Light manufacturmg,auch as handicrafts and garmenfc fabrication p [8-,2.4(j)a_l)] 8-2A<{)(J2) Mm.cr food procesemg,eucli as cracked seeds,jeUies,candies,and ice cream p SECTION 4..Chapter 8,Kaua'i Couaty Code 1987,as amended,is hereby amended by amending Table 8-2.4 -Table of Uses,in pertinent part,to prohibit "Developed campgrounds"in the Agriculture Zonmg District as follows: Proposed Draft Bill (No.2822) Sec.USE ZONING DtSTRICT Residential Commercial Jndustrial AG o ~E-T to B-e "B-10 to E.20 RE CN__CG IL IG-[&.2.4(j)a2)] 8-2.4fild3)Museums,libraries,and publie services p T8-2.40-)(13)]8-2.4rtYa4)Offices and professional b'uildixigs p T8.2.4g)(14)] 8-2.4CiY(15y Parking garages p T8:2-4S).(16)]a.2.4rff fieV Personal services p -[8.2.40) (16)] 8-2.4ffl (l7Y Public of&cee and buildings p [8-2.4tj)(17)] 8-2.4riYa8V Public parks and monuments p~w-2AWS8^ 8-2.4ffi a9Y Reeearch and development p [8-2.40).(19)]8.2.4ffl fflOV Eteeidential dweUiiigs,detached,attached or nulti-family dwellinga p "[8.2740) (20)] 8.2.4ffl Ql)Elestaurants and food services p [8-.2-4®,(2yi8-2.4fiYr22y Retail sales p [8-2.40)(22)] 8-2.4(fi (23)3upermarkets and shopping centere p [8-2.4®(23)] 8-2.4fflffi4) Fransient Vacation Rentals,provided they ire loeated within the designated Visitor DestinationAreas establishedpursuant to ^rticle 17ofthis Chapter.Theseusesare )rohibited ia non-VDA areas. p [8^4®(24)] 8.2.4ffl Q6)[*ransportation terxainals and doeks p [8.2.4®.(25)]8.2.4flY(26y Varehouses p [8^4$).(26)]8-2.4flY(27y VIiolesale Outlets p Seo.USE ZONINODISTRICT Sesidential RK Commercial Industrial AG oR-lto B-G B-10 to R.20 CN ca IL IG 8-2.4(r)(l)Aninial hospitalB u 8-2.4(r)(2)Botamcal and Zoological gardens u 8-2.4(r)(3)Cemeteries u 8-2.4(r)(4)Churches,temples,and monasteries u 8-2.4(r)(6)3om.mercial Recreation u 8-2.4(r)(6)^onstrucfcioD.and worker temporary housuig u [8-2.4(r)(7)]Development caoipgrounds]m_ [8-,2.4(r)(8)]8.2.4frt'm'Tarm.worker housuig u SECTION5.Chapter 8,Kaua'i County Code 1987,as amended,is hereby amended by amending Table 8-2.4 -Table of Uses,in pertinent part,to prohibit Developed campgrounds in the Open Zoning District as foUows: Proposed Draft Bill (No.2822) Sec.USE ZONINGDISTRICT Residential RE Commercial Industrial AG oE-lto R.6 E-10 to R.20 CN CG IL 10 [8^.4(r)(9)] 8.2.4fr)C8)~Farmers Markets u [8-2,4(r)(10)] 8-2.4M'(9)Solf courses u ]S-2-W(JW 8-2.41'r')(101 Mineral extraction and quarries u [8^,4(r)(12)f S-2Ab)'(nY Pet keeping and raiemg proposed witbin five h.undred (500)feet of any Residential Diatrict u [8-2.4(r)(i^T 8-2Ak)(12) Piggery,when to be located within three ;hoiieand (3,000)feet of any Use District u [8-2.4(r)(14)] S-2.4W (18) Poultafy [and piggeries]Raising,wheii to be .ocated witlun three thoysand (3,000)feet of iny Use District u [8^4(r)(15)] 8.2.4M (14)~?rivate and public utilities facilities u [8.2;4(r)(16)] 8-2.4rri 16 :teataurants cind food services Us [8-2,4(r)(17)] S-2.4('ry(16)- :t,etail Sales u [8-2.4(r)(18)] 3-2.4frY('17')-Schools and day care centers u [8^4fr)(ig)]-i-2.4frt <18Y rransportation termmals u [8-2,4(r)(2p)]3-2.4frt fl9)- \xiy other use or structure which the Planning 3irector finds to be similar in nature to those isted in this Section and appropriate to the ^iatnct u Sec.USE ZONING DISTRICT Residential Commercial Industrial AG o TST to R.6 Tt-lO to R-2B BR CN 00 IL.10 ?2-4®<1'Commimication facUities TT 8:2;4<^.(2}.Day care^enters 3T F8-2.4(8)(3)r CDeveloEed campgroundsl TUT [8.2,4(8).(4)] 8-2.4<s)(3)Home busmesses u [8-2.4(s) )]8-2.4fa)av Intensive agricultiire u [8.2.4(s)<6)]S-2A(s)'(5) Livestock and grazing within fche Urban Districi ae establLshed by the State Land Use Commiesion u (8-2.4(8)^)] 8-2.4fayf6V Organized recreation cainps u t8--2-4(8).(8)] 8.2.4fsKT)'Outdoor recreation concessions u [8-2,4(8)W] 8-2.4fa)(8)PoHce and fire facilities u SECTION6.Chapter 8,Article 4,Kaua'i County Code 1987,as amended,is hereby amended by amending Sec.8-4.9 as follows: "Sec.8-4.9 Developtnent of Other Uses in a Rpsidential District. AU permitted uses,aU uses requiring a Use Permit,and aU Uses allowed by variance other than residential shall conform to: (a)Development standards estabUshed for the district in which they are normaUy permitted,provided that: (1)The mimmum distance from property Unes shaU be the aame as that required for single family detached dweUings;and (2)The maximum buildiiig heights shall be the same as that required for siagle family detaehed dwellings;[or]and C3)Developed camoerounds are prohibited in all Residential Zonine Districts:or (b)The requirements and conditions imposed by the Planning Commission in granting the Use Permit or Variance Permit." SECTION7.Chapter 8,Aiticle 8,Kaua'i County Code 1987,as amended,is hereby amended by insertiiig a new Sec.8-8.7 as follows: "Sec.8-8.7 DeveloBed Cainnerounds in Asfriculture Zoninff Districts. Develoced camperounds are prohibited m all Aericulture 7nninf nistricts." SECTION8.Chapter 8,Article 9,Kaua'i County Code 1987,as amended,is hereby amended by inserting a new Sec.8-4.9 as foUows:"Sec.8-9.6 Develoned CainpBrounds in Qpen Zonine Dlstricts. Develotied camperounds are nrohibited in all Ooen Zoninp Districts." SECTION9..Chapter 8,Article 17,Kaua'i County Code 1987,as amended,is hereby amended as follows: "AKTICLE 17.TIME SHARING AND TRANSIENT VACATION RENTALS Sec.8-17.1 Liinitations on Location. Except as provided in this Section,time share units,time share plans,and transient vacation rentals are prohibited. Sec.8-17.2 Pernutted Tinie Share Locations. Suliject to the Umitations contained in Secs.8-17.4 and 8-17.5,time share units and time share plans are allowed: (a)In hotels in Resort or Commercial Districts;and Proposed Draft Bill (No.2822) Sec.USE ZONING DISTRICT Eesidential Commercial Industrial AQ 0_ ~ST to a.6 Tna' to R-20 RR CN ca IL 10 [8.2,4(8)00)]~S.2A<B) (9)Quarries u [8-2.4(s).(11)]8-2.4feyaoy Recreation vehicle parks u [8-2.4(8).(12)]8-2.4fayaiy ReUgious farilities u [8-2.4(8)03)]~8-2.4(s)(J2)UtUity installations u [8-2.4(8)04)]~S-2.4(s) (13) Any other use or stoucture wbich the Planning Director finds to be simUar in nature to those Usted in this Section and appropriate to the Digtrict u (b)In the Resort RR-10 aiid RR-20 Districts and Multi-Family R-10 and R-20 Residential Districts when such districts are located within the Visitor Destination Areas of Poipu,Lihu'e,Wailua Kapaa or PrmcevUle,as more particularly designated on County ofKaua'i Visitor Destination Area maps attached to Ordinance No.436 aiid incorporated heiein by reference.The boundary lines estabUshed on these visitor destination naaps shall be transferred onto the Of&cial Zoning Maps for reference purposes. (c)Time share units and time share plans are prohibited in the R-l,R-2, R-4 and R-6 Residential Districts. Sec.8-17.3 Pernutted Locations for Multi-Family Transient Vacation Rentals. Subject to the Umitatione contained in Sec.8-17.5,multi-fanuly transient vacation rentals are allowed: (a)In hotels in Resort or Commercial Districts;and (b)In Resort Districts and Itesidential Districts within the visitor destination areas as more particularly designated on County ofKaua'i Zoning Maps. (c)Notwithstandine the visitor destmation area desienation,multi-famUv transient vacation rentals are prohibited ia the Aericulture District and in the Ooen District. Sec.8-17.4 Tiine Sharing in Projects Located Within Visitor Destination Areas and Hotels in Resort or Coinmercial Districts. Ifthe project in which the time share unit or time shaie plan is to be created contains an existing tiine shEire unit or time share plan,then tinie share units and plans shall be regulated according to the terms ofthe project instruments. If the project in which the time shaie unit or time share plan is to be created is not a hotel and does not contain time share units or time share plans,then such use may be created oiily if such use is expUcitly and prominently authorized by the project uistruments,or the project instruments are amended by unanimous vote of the unit owners to explicitly and prominently authorize time sharing.Provided, however,tliat time share units and time share plans permitted under this Section shall be Umited to the Visitor DestuationAreas described in Sec.8-17.2,and to hotels in Resort or Commercial Districts. Sec.8-17.5 Existing Time Share and Multi-Family Transient Vacation Rental Uses. (a)Time Share Umts,Time Share Plans,and Multi-Family Transient Vacation Rentals Existing On or Before September 22,1982,That Are Not Located in Visitor Destination Areas.Tune sbare units,time share plans,or multi-family vacation rentals existing on or before September 22,1982 that are not located within the visitor destmation areas described in Sec.8-17.2 may continue as allowed uses. However,no additional time share units,time share plans,smele-familv transient vacation rentals.or multi-family transient vacation rentals outside the visitor destination area shall be created after September 22,1982.The uses left uiumpaired by this Subsection shaU not be lost by the failure to exercise the use unless it clearly appears that the use has been abandoned for a period in excess oftwo (2)years.This Subsection shall not apply to hotels in Resort or Commercial Districts. (b)Time Share Units,Time Share Plans,and Transient Vacation Rentals in Projects Located Within Visitor Destination Areas Existing On or Before September 22,1982.Time share units and time share plans in projects existing on or before September 22,1982,and located within areas described in Sec.8-17.3 shaU be regulated in accordance with the provisions ofSec.8-17.4. Proposed Draft Bill (No.2822) Sec.8-17.6 Penalty. An owner of any unit which is operated ui violation of this Article,and/or any other person,firm,company,association,partnership or corporation violating any provislon of this Article,shaU each be fijied not less than five hundred dollars ($500.00)nor more than ten thousand dollars ($10,000.00)for each offense. This civU fine may be in addition to any crimmal fines.If any person fails to cease such violation within one (l)month,such person shaU be subject to a new and separate violation for each day the violation continues to exist. (a)Actions by County Attorney.The County Attoiney may file a civil action to enjoin any violation of this Article and collect any penalties provided for by this Article. (b)Disposition of Fines.AU fines imposed for violatioas of this Article shall be paid to the Director of Finance to the credit of the Development Fund. Sec.8-17.7 Ainendments to Visitor Destination Areas Designations. Amendments to the location and/or boundaries ofthe Visitor Destination Areas shall be made iu accordance with the amendment provisions of Sec.8-3.4 of this Chapter 8,provided that the burden of proof rests with the applicant to show upon the clear preponderance of the evidence that the amendment is reasonable.The criteria for evaluating such proposed amendments shaU be as follows: (a)The proposed amendment is consistent with the General Plan and the Development Plan. (b)The parcel or parcels to be affected by the proposed ainendment are suitable for Visitor Destination Area uses. (c)The availability of existing public services and facilities in the affected areas and whether the requested pubhc services and facilities for the proposed change in use can be met without undue burden. (d)The proposed change wiU conflict with other existing uses in the affected area. (e)The proposed change wUl cause or result ia uiireasonable air,noise,or water pollution,or will adversely affect ineplaceable natural resources. (f)The affected areas contain 01 are in close proximity to other areas that contain: (1)Large numbers of hotel and/or multiple family dwelhng units suitable as accommodations by temporary visitors. (2)Lands designated for Resort Use on the General Plan or having Resort zoning. (3)Outdoor or commercial recreational faciUties,such as beaches, golf courses,tennis courts and other similar faciUties. (4)Tourist related commercial facilities,such as gift shops,food stores,recreational equipment and services shops,tour and traiisportation service terminals,restauraiits,bars,night clubs,cabarets,shopping centers, theaters,auditoriums,and other similar facilities. (g)The proposed change will include or adversely affect predomiaantly residential neighborhoods. Sec.8-17.8 Single Family Transient Vacation Rentals. (a)[Notwithstanding any underlying zomng designation and with]With the exception ofproperties on the National or State Eegister ofHistoric Places,single family transient vacation rentals are prohibited in all areaa not designated as Visitor Destination Areas. (b)Notwithstandins the visitor destination area desJBnation.sinele family transient vacation rentals are crohibited in the Aericulture District and in the Open District, (b)Development Standaids for Siiigle Family Vacation Rentals Permitted Within Visitor Destination Areas and Holders of Nonconforming Use Certi&cates. Proposed Draft Bill (No.2822) Development standards shaU be the same as those for single family detached dweUings in Secs.8-4.5 through 8-4.8,inclusive,with the following additions: (1)AppUcant for a single family transient vacation rental shall designate a contact person or owner s representative who shaU be available on a twenty-four (24)hour,seven (7)days-per-week basis.Applicant shall provide the name and contact information to neighbors adjacent to and directly across subject vacation rental,the Planning Department,the Kaua'i Police Department,the Kaua'i CivU Defense Agency,and the Kaua'i Visitors Bureau upon issuance of a noncon&rming use certificate or registration number. Owner is responsible for keeping mformation updated with aU agencies. (2)One (1)outdoor sign no larger than one (1)square foot shall be posted in a visible place on a wall,fence,or post immediately inside or on the front boundary of the property where it is easy to see,for the piirpose of providing the current Nonconformuig Use Certificate number or the Registration Number and the 24/7 phone number.No other signs shall be aUowed and there shaU be no direct iUumiuation of the required sign.The numbeis on the sign shall be no smaller than two (2)inches in height. (3)The applicant shaU provide a list of requirements and informatioB entitled "For the Safety and Comfort ofYou and Your Neighbors."This shall provide essential information to the visitor and shall seek to reduce negative impacts on the surrounding neighborhood.This information piece shall be provided to the Planning Department at time of application and shall be posted in a conspicuous place in the guest's sleeping quarters along with a copy ofthe Nonconforming Use Certij&cate or the Registration Number,whichever the case may be and if required.The Ust shall include,but not be limited to, suggested curfewe,guidance with respect to the character of the neighborhood and gatherings and noise,and what to do m cases of emergency and natural disaster. (4)AU print and internet advertising for single family vacation rentals,including Ustings with a rental service or real estate firm,shall include the Noncon&rming Use Certt&cate or the Registration Number. (5)A copy of the Nonconforming Use Certificate or the Registration Number,where required,shall be displayed in the back of the front door ofthe sleeping quarters. (6)A site and floor plan shall be filed with the application. Sec.8-17.9 Kegistration ofAll Transient Vacation Rentals. (a)All suigle family transient vacation rentals,excluding,however,a time share unit in a time share plan subject to Chapter 514E of the Hawai'i Revised Statutes,as amended,lawftdly existing in Visitor Destination Areas on March 7,2008 shall register with the Director of Finance on a form prescribed by the Director of Frnance no later than one hundred eighty (180)days after March 7,2008.Any new single family transient vacation rental,excludes,however,a time share unit in a time share plan subject to Chapter 514E of the Hawai'i Revised Statutes,as amended, established ia Visitor Destmation Areas subsequent to March 7,2008 shaU register with the Director of Finance prior to any such use of said rental.AU single family transient vacation rental uses wiU be subject to Kaua'i Coimty Code Title III, Chapter 5A. (b)No single family transient vacation rental shall operate outside a Visitor Destination Area without a Nonconforming Use Certificate obtained under Sec.8-13.10. Sec.8-17.10 Nonconforming Use Certificates for Siagle Family Vacation Rentals. (a)The purpose of this Section is to provide a process to identify and register those single famUy transient vacation rentals as nonconforming uses which 8 Proposed Draft Bill (No.2822) have been in lawful use prior to March 7,2008 and to aUow them to continue subject to obtaining a Nonconforming Use Certificate as provided by this Section. (b)The owner,operator or proprietor of any siugle family transient vacation rental which operated outside of a Visitor Destination Area prior to March 7,2008 shall obtain a Noncon&rmuig Use Certificate for single family vacation rentals. (c)No Noncoiiforming Use Certificate shall be issued by the Planning Director unless the use as a single family rental is a legal use under the Comprehensive Zoning Ordinance,and the applicant provides a sworn affidavit and demonstoates to the satisfaction of the Planning Diiector that a dwelling unit was being used as a vacation rental on an ongoing basis prior to March 7,2008.The Planning Diiector,in making the decision,shall take iiito consideration;among other things,the following guideUnes: (1)The applicant had a State of Hawai i general excise tax Ucense and transient accommodations tax license for the purpose of the lawful operation ofsingle family transient vacation rentals for a period long enough to demonstrate actual payment oftaxes. (2)That prior to March 7,2008,appUcant had deposits for reservations by transient guests m exchange for compensation for use of subject property as a vacation rental. (3)That applicant had transient guests occupy subject property in exchange for compensation prior to March 7,2008,with a pattern of consistency that evidences an ongoing and lawful enterprise. (d)Applications for Nonconformmg Use Certificates for single family tiansient vacation rentals located on land designated Agricultural"pursuant to Chapter 205 of the Hawai'i Revised Statutes shaU be made within sbity (60)days of August16,2010.If an operator as defined under Subsection (c)fails to apply for a Noncon&rming Use Certificate within sbtty (60)days ofAugust 16,2010,then the Planning Director shall assess an administrative late appUcation processing fee of one thousand five hundred doUars ($1,500.00)at filing.A Nonconforming Use Certificate may be issued for a single family transient vacation rental located on land in the State of Hawai'i's land use Agricultural Distri.et if: (1)It was built prior to June 4,1976;or (2)The applicant has obtained a Special Permit under Hawai'i Revised Statutes,Sec.205-6 which specificaUy permits a vacation rental on the subject property. (A)An application for a Special Permit shaU include verification by the applicant that the farm dwelhng unit was being used as a vacation rental on an ongoing basis in accordance with Subsection (c). (B)An application for a Special Pennit piirsuant to Hawai i Revised Statutes Sec.205-6 and Chapter 13 ofthe Rules ofPractice and Procedures of the Plamiing Commission that is deemed complete by the Planning Du-ector must be filed within one (1)year ofAugust 16,2010. Upon completion of the apphcation,the Plannmg Director shaU issue a provisional certificate that wiU aUow the transient vacation rental to bperate.The provisional certificate shall be null and void after the Planmng Commission or the Land Use Commission msLkes a decision upon the application. (C)In addition to the Special Permit standards set forth in Hawai'i Revised Statutes Sec.205-6 and Chapter 13 of the Rules of Practice and Procedure of the Planning Commission,the Plamung Commission may only grant a Special Permit if,prioi to March 7,2008: (i)the property upon which the teansient vacation rental is located had a registered agricultural dedication pursuant to the gmdelines set forth in the County of Kaua'i's Department of Fmance Real Property Tax Division Agricultural Dedication Program Rules;(ii)a bona fide Proposed Draft Bill (No.2822) agricultiual operation existed,as shown by State General Excise Tax Forms and/or Federal Income Tax Form 1040 Schedule F filmgs;or (iii) the Planning Commission finds tliat the size,shape,topography, location or surioundmgs ofthe property,or other circumstances,did not allow an appUcant to quaUfy for an agrieultural dedication pursuant to the County of Kauai's Department of Finance Real Property Tax Division Agricultural Dedication Program Rules or inhibited intensive agricultural activities. CD)If the application for the Special Permit is granted,then the transient vacation rental operation shall be subject to conditions imposed by the Planning Commission or the Land Use Commission. (E)If the application for Special Permit is denied,then the Noncon&rming Use Certificate shall not be issued and the transient vacation rental m.ust cease operation. (e)The owner,operator,or proprietor shall have the burden of proof in estabUshing that the use is properly noncoiiforming based on the followmg documentation which shall be provided to the Planning Director as evidence of a nonconforming use:records of occupancy and tax documents,including all relevant State ofHawai'i general excise tax filings,aU relevant transient accommodations tax filings,Federal and/or State of Hawaii income tax returns for the relevant time period,reservation Usts,and receipts showing payment.Other reUable information may also be provided.Based on the evidence submitted,the PIannmg Director shall determiae whether to issue a Nonconforming Use Certi&cate foi the single family transient vacation rental. (!)The Planning Du-ector shaU make available to the public at the Planmng Department counter and on the County of Kauai website a list of all completed appUcations for Ncnconforming Use Certificates.AppUcations deemed completed shaU concurrently be made available to the public.Copies of applications shall also be inade available to the public as public information,as provided by H.R.S. Chapter 92F (the Umform Information Practices Act).Such list shall mclude the names of the applicants and the tax map key number of the parcels which are the subject ofthe applications.The Planning Department may physicaUy inspect a single family transient vacation rental prior to a Nonconforming Use Certificate bemg issued. (g)The Planniag Director shall prepare an application form which shall be available to the public.If an operator as defined under Subsection (c)fails to apply for a Nonconforming Use Certificate within sixty (60)days of August 16,2010 the Planmng Director shaU assess an administrative late application processing fee of one thousand five hundred dollars ($1,500.00)at filing.Applications received more than one (1)year after August 16,2010 shall not be accepted and the use of a transient vacation rental shall be deemed discontinued. (h)The owner or lessee who has obtained a Nonconfornung Use Certificate under this Section shaU apply to renew the Nonconforming Use Certificate annuaUy on the date ofissuance ofthe Nonconformmg Use Certificate. (1)Each application to renew shall include proof that there is a currently valid State of Hawaii general excise tax license and transient accommodations tax license for the nonconforming use and shall be received by the Department prior to the expiration date of a held Noncon&rming Use Certificate.Failiire to meet this condition will result in the automatic denial of the application for renewal of the Noncon&rming Use Certificates. (2)Upon renewal,the Planning Department may initiate re-inspection ofproperties for compliance with other provisions ofthis chapter, or other pertinent land use laws,and may withhold approval of a renewal application and issue cease and desist notices to the appUcant until aU violations have been resolved to the satisfaction of the Planning Diiector. 10 Proposed Draft Bill (No.2822) (3)The applicant shall pay an annual renewal fee of seven hundred fifty dollars ($750.00)which shall be deposited into the County General Fund. Sec.8-17.11 Enforcement Against Illegal Transient Vacation Rentals. (a)In addition to other penalties provided by law,including,but not limited to,Secs.8-3.5(a)and 8-17.6,the Plarmmg Comnussion Rules,as amended,the Plarming Director,or any member of the public who has duly obtained standing pursuant to rules promulgated by the commission,may initiate proceedings to revoke or modiiy the terms of a Nonconforming Use Certificate pursuant to the Rules of Practice and Procedures of the Planmng Commission,as amended.Violations of conditions of approval or providing false or misleading mformation on the application or m any infonnation relatmg thereto at any time diiring the application process shall be grounds for revocation or cease and desist orders. (b)Advertising of any sort which offers a property as a transient vacation rental shaU constitute pruna facie evidence of the operation of a transient vacation rental on said property and the burden of proof shall be on the owner,operator,01 lessee to estabUsh that the subject property is not being used as a transient vacation rental or that it is being used for such purpose legaUy.If any unit is found to be operating unlawfully,penalties established in Secs.8-3.6(a)and 8-17.6 shaU apply. Sec.8-17.12 Historic Properties Exeinption. Single family dweUmg units on the National or State Eegister of Historic Places may be allowed to operate as a transient vacation rental tfarough a Use Permit and by abiding by the development standards specified in Sec.8-17.8(b). & SECTION 10.Ifany provision ofthis ordinance,or the application thereof to any person or circumstance,is held uivaUd,the invalidity does not affect the other provisions or appUcations of this ordinance that can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are severable. SECTION 11.Ordinance material to be repealed is bracketed.New ordinance material is underscored.When revising,compiling,or printing this ordinance for inclusion in the Kaua'i County Code 1987,as amended,the brackets, bracketed material,and underscoriiig shall not be uicluded. SECTION12.This Ordmance shaU take effect upon approval.The requirements of this Ordinance shall not affect any application which lias been approved by the Commission prior to the effective date ofthis Ordinance,miless there is a subsequent approval required prior to a building permit,in which case,that subsequent application shall be subject to the relevant reqmrements of this Ordinance,excludmg subdivisions which have received tentative approval prior to the approval date ofthis Ordinance. Introduced by: LUKE A.EVSLIN DATE OF INTRODUCTION: MASON K.CHOCK Lihu'e,Kaua'i,Hawai'i V:\BILLS\2020-2022 TERM\AgOpen-no TVE D6 AMK_dmc.docx 11 Proposed Draft Bill (No.2822) EXHIBITT" Agency Comments COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET,SCTTE A473 LlHU'E,HAWAI'I 96766 (808)241-4050 FROM:KaainaS.Hull,Director (Marisa) SUBJECT:Zoning Ainendment ZA-2021-2, Kaua'i Coiinty Council,Applicant TO: 6/10/2021 Department ofTransportation -STP DPW-Engineering D DOT-Highway,Kauat(info only)DPW-Wastewater DOT-Au-ports,Kauai (info only)DPW-Buildmg D DOT-I larbors,Kanai (info onty)D DPW-SoIidWaste State Department ofHealth D Departnient ofParks &Recreation State Department ofAgriculture Fire-DepartmentaStateOfficeofPlanningCountyHousing-Agency State Dept.ofBus.&Econ.Dev.Tourism a County Economic Development D State Land Use Commission K RCaStateHistoricPreservattonDivisionWaterDepartment D DLNR-Land Management Kaua'i Civil Defense DLNR-Foresty &Wildlife a U.S.Postal Department DLNR-Aquatic Resources n UH Sea Grant D DLNR-OCCL Coiinty Transpoitation AgencyaOther; FOR YOUR COMMENTS (pertaining to your department): Ensure that plans include Fire department access and distance to nearest hydrant This matter is scheduled for a public hearing before the County ofKauai Planning Commission on 7/13/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street, Lthue,KaiiaJ,at 9:00 am or soon thereafter.Ifwe do not receive yoitr agency commeiits within one (l) moiith from the date oftliis request,we will assume that tjiere are no objections to this pennit request. Mahalo! '?""' S.^l COUNTY nFKAlJAI "21 JUN 23 P 1 :10 COUNTY OF KAUA'I PLANNING DEPARTMENT jl^^tSi 1|4J;^NJ<5.~JUK "\^ m^W^STREET'SUITEA473J:mu'E-HA^AtfI"%7WRrffi3im%%',.s 241-4050 '—.—..^;77;"""°"I"t FROM:Kaaina S.Hull,Director (Marisa)6/10/2021 SUBJECT:Zoning Amendment ZA-2021 -2, Kaua'i County Council,Applicant TO: D Departinent ofTransportation -STP DPW-Engineering D DOT-Highway,Kaiiai(info only)DPW-Wastewater D DOT-Airports,Kauai (info only)a DPW-Building D DOT-Harbors,Kaiiai (info oiily)DPW-SolidWaste State Depaftment ofHealth a Department of Parks &Recreation State Department ofAgricultut'e Fire-Departmcnt State Office ofPlanning D County Housing-Agency D State Dept.ofBus.&Econ.Dev.Tourism County Economic Development a State Land Use Commission KHPRC D State Historic Preservation Division Water Departmenl DLNR-Land Management Kaua i Civil Defense a DLNR-Foresty&Wildlife U.S.Postal Departmeiit D DLNR-Aquatic Resources a UH Sea Grant a DLNR-OCCL County Transportation Agency Otlier: FOR YOUR COMMENTS (pertaiiiiiig to yoi]]'department): See comnents on attached sheet. June 17,2021 ^J^ /Aciting Chi,ef,District ^VW <0i?PSligiiRai§Si larren Taidokazu, Tliis iiiatter is scheduled fbr a public hearing before tli®gvii]i(ii^l^j(gf]iiyg 7/13/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Ricc Street, Lihue,Kauai,at 9:00 am or sooii thereafter.Ifvve do iiot receive your agency coinments within one (1) month fi'om tlie date ofthis request,we will assume tliat tliere are no objections to tliis permit request. Mahalo! Zoning Amendment Permit:ZA-2021-2 Applicant:Kauai County Council We have reviewed the submitted subject proposal and have these environmental health concerns to offer at this time. 1.If County and Private wastewater system connections are not available for the restroom facilities at these camp sites,wastewater systems for the restroom facilities shall be designed and constructed in accordance with applicable requirements of Chapter 11-62,Hawaii Administrative Rules. 2.Noise will be generated during the construction phases.The applicable maximum permissible sound levels as stated in Title 11,Hawaii Administrative Rules (HAR),Chapter 11-46,"Community Noise Control"shall not be exceeded unless a noise permit is obtained from the State Department of hlealth. 3.Temporary fugitive dust emissions could be emitted if /when construction activities occur.In accordance with Title 11,HAR,Chapter 11-60.1 "Air Pollution Control",effective air pollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas.This includes the off-site roadways used to enter/exit the project.The control measures include but are not limited to the use ofwater wagons,sprinkler systems,dustfences,etc. 4.The construction waste that is generated by the project shall be disposed of at a solid waste disposal facility that complies with the applicable provisions of Title 11,HAR,Chapter 11-58.1 "Solid Waste Management Control",the open burning of any of these wastes on or off site prohibited. However,due to the general nature ofthe application submitted,we reserve the right to implement future environmental health restrictions as additional detailed information becomes available. Hōkūala Resort – Subdivisions 1 and 1A Petition for County Zoning Amendment Kalapakī, Līhuʻe, Kauaʻi, Hawaiʻi TMKs: (4) 3-5-001: 027 (por.), 168 (por.), and 177; (4) 3-5-004: 100 to 109 Petitioner: Tower Kauai Lagoons Sub 1, LLC 2014 Kauai Lagoons Golf, LLC Tower Kauai Lagoons Land, LLC Tower Kauai Lagoons Sub 7, LLC Authorized Agents: Timbers Resorts Belles Graham, LLP Wilson Okamoto Corporation June 2021 PETITION FOR COUNTY ZONING AMENDMENT HŌKŪALA RESORT SUBDIVISIONS 1 AND 1A Kalapakī, Līhuʻe, Kauaʻi, Hawaiʻi Tax Map Keys: (4) 3-5-001: 027 (por.), 168 (por.), and 177; (4) 3-5-004: 100 to 109 Petitioner: Tower Kauai Lagoons Sub 1, LLC 2014 Kauai Lagoons Golf, LLC Tower Kauai Lagoons Land, LLC Tower Kauai Lagoons Sub 7, LLC 3351 Hoʻolaulea Way, Suite 201 Līhuʻe, Kauaʻi, Hawaiʻi 96766 Authorized Agents: Timbers Resorts 3351 Hoʻolaulea Way Līhuʻe, Hawaiʻi 96766 Belles Graham, LLP 4334 Rice Street, Suite 202 Līhuʻe, Hawaiʻi 96766 Wilson Okamoto Corporation 1907 South Beretania Street, Suite 400 Honolulu, Hawaiʻi 96826 June 8, 2021 i CONTENTS Page SECTION I: PETITIONER'S ADDRESS AND TELEPHONE ................................... 7 SECTION II: IDENTIFICATION OF PETITIONER .................................................... 7 SECTION III: PETITION AREA DESCRIPTION ........................................................ 8 SECTION IV: ZONING DESIGNATIONS ................................................................... 8 SECTION V: DESCRIPTION OF PETITION AREA .................................................. 9 SECTION VI: DESCRIPTION OF PROPOSED DEVELOPMENT ........................... 12 SECTION VII: EFFECTS UPON RESOURCES OF THE AREA ............................... 28 SECTION VIII: REASONS AND JUSTIFICATION FOR THE PROPOSED RECLASSIFICATION ........................................................................ 36 SECTION IX: COMPLIANCE WITH LAND USE DISTRICT REGULATIONS ........... 38 SECTION X: COMPLIANCE WITH STATE AND COUNTY LAWS ......................... 38 SECTION XII: CONCLUSION .................................................................................. 51 Tables Table 1 Proposed Density Allocation for Hōkūala Resort ................................. 2 Table 2 Total Maximum Density of Dwelling and Hotel Units Based Upon Existing Zoning at Hōkūala Resort ....................................................... 9 Exhibits Exhibit A: Figure 1 – Location Map Figure 2 – Tax Map Keys: (4) 3-5-001: 027 (Por.), 168 (Por.), and 177; (4) 3-5-004: 100 to 109 Figure 3 – Existing County Zoning Map Figure 3a – Proposed Zoning Changes Map Figure 3b – Proposed Zoning Map Figure 4 – County Special Management Area Map Figure 5 – Vicinity Map Figure 6 – Flood Zone Map Figure 7 – Soils Map Figure 8 – Hōkūala Resort Master Site Plan Figure 9 – Roadway and Public Access Plan Figure 10 – Existing Trails Map Figure 11 – Existing Kauaʻi General Plan Līhuʻe Land Use Map Exhibit B: Zoning Ordinance No. PM-2009-394 Status of Compliance With Conditions of Approval of Zoning Ordinance No. PM-2009-394 Dated April 13, 2021 ii Exhibit C: State Land Use District Ordinance No. PM-2009-392 Exhibit D: General Plan Ordinance No. PM-2009-393 Exhibit E: Visitor Destination Area Ordinance No. PM-2009-395 Exhibit F: Letters of Permit Approval from Planning Department Dated August 12, 2009 and January 13, 2010 (Second and Third Amendments to Special Management Area Use Permit SMA (U) 2005-8, Project Development Use Permit PDU-2005-26, Use Permit U-2005-25, and Class IV Zoning Permit Z-IV-2005-30 and Special Permit SP-2008-4) Status of Compliance with Conditions of Approval Dated June 9, 2020 (2020 Annual Report for Hōkūala Resort) Letter of Acceptance from Planning Department Dated October 14, 2020 Exhibit G: Letters of Agent Authorization Dated April 15, 2021 Exhibit H: Title Report for Tax Map Keys: (4) 3-5-004: 100 to 109 Title Report for Tax Map Keys: (4) 3-5-001: 027 and 168 Title Report for Tax Map Key: (4) 3-5-001: 177 Exhibit I: Petition Area Photos Exhibit J: Topographic Map of Subdivisions 1 and 1A Exhibit K: Subdivisions 1 and 1A Conceptual Site Plan Single-Family – 1 Story Conceptual Plans and Elevations Single-Family – 2 Story Conceptual Plans and Elevations Design and Construction Guidelines for Subdivision 1/1A at Hōkūala Exhibit L: Letter from County of Kauaʻi Department of Water Dated June 24, 2011 Exhibit M: Letter from County of Kauaʻi Department of Public Works Dated February 18, 2009 And Detention Basins Map (Figure A) Exhibit N: Financial Statement of Tower Kauai Lagoons Sub 1, LLC Financial Statement of Tower Kauai Lagoons Sub 7, LLC Financial Statement of Tower Kauai Lagoons Land, LLC and 2014 Kauai Lagoons Golf, LLC Exhibit O: Letter from State Department of Land and Natural Resources Historic Preservation Division Dated July 17, 2009 Exhibit P: Shoreline Setback Site Plan Letter from County of Kauaʻi Planning Department Dated May 11, 2009 Letter from County of Kauaʻi Planning Department Dated June 2, 2009 1 BEFORE THE COUNTY OF KAUAʻI STATE OF HAWAIʻI In the Matter of the Petition of Tower Kauai Lagoons Sub 1, LLC, 2014 Kauai Lagoons Golf, LLC, Tower Kauai Lagoons Land, LLC, and Tower Kauai Lagoons Sub 7, LLC To reclassify approximately 16.8 acres of land, comprised of approximately 14.2 acres of land currently situated within the County Zoning Residential District (R-2) into Residential District (R-4) and approximately 2.6 acres of land currently situated within the County Zoning Resort District (RR-10) into Residential District (R-2), located at Kalapakī, Līhuʻe, Kauaʻi, Hawaiʻi, further identified as Tax Map Keys (TMKs): (4) 3-5-001: 027 (por.), 168 (por.), and 177; and (4) 3-5-004: 100 to 109 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) DOCKET NO. ZA-20_____-_____ COUNTY ZONING AMENDMENT PETITION FOR COUNTY ZONING AMENDMENT Tower Kauai Lagoons Sub 1, LLC, 2014 Kauai Lagoons Golf, LLC, Tower Kauai Lagoons Land, LLC, and Tower Kauai Lagoons Sub 7, LLC (“Petitioner”) propose to amend the existing County Zoning District designation of approximately 16.8 acres of land (“Petition Area”), comprised of approximately 14.2 acres of land currently situated within the County Zoning Residential District (R-2) and approximately 2.6 acres of land currently situated within the County Zoning Resort District (RR-10), located in Kalapakī, Līhuʻe, Kauaʻi to develop a portion of the Hōkūala Resort (formerly the Kauaʻi Lagoons Resort) (“Resort”). Maps showing location and other figures for this Petition are provided in Exhibit A. The Petitioner is seeking to amend the zoning designation for inland portions of the Resort property to allow for higher-density development at the proposed Subdivisions 1 and 1A developments (“Project”) and to allow for a significant reduction in the allowable density at Lot 10C located in the vicinity of the existing man-made lagoon feature north of the existing Kalanipuʻu subdivision. The proposed Project involves reassigning a density of 23 dwelling or hotel units from existing planned developments at Hōkūala Resort to the current density of 19 dwelling units at Subdivisions 1 and 1A for a total proposed density of 42 dwelling units. Upon reassignment of the additional density to the Project, it is envisioned that Subdivision 1 will consist of 24 dwelling units and Subdivision 1A will consist of 18 dwelling units. No additional dwelling or hotel units are proposed to be reassigned to Lot 10C, which has the potential to be developed with up to 52 hotel units under its current Resort District (RR-10) designation. Instead, the Petitioner is proposing to downzone Lot 10C to the 2 Residential District (R-2). By proposing a relatively modest increase in density concurrently with a substantial decrease in density, the Petitioner intends to ensure that an appropriate balance of development will be maintained in the vicinity of the proposed Project. The additional dwelling units being reassigned to Subdivisions 1 and 1A are being afforded by a reduction in dwelling or hotel units from completed developments based on as-built conditions and from existing planned developments that are expected to be developed at a lower density pursuant to the approved density cap of 772 dwelling or hotel units for Hōkūala Resort. Table 1 summarizes the current and proposed density allocation for planned developments at Hōkūala Resort. Table 1. Proposed Density Allocation for Hōkūala Resort Parcel Current Unit Count Proposed Unit Count Status Parcel 9A – Bldg A (formerly Inn on the Cliffs) 14 14 Completed Parcel 9B – Bldg B (formerly Makalii Bldg A) 28 28 Completed Parcel 9A – Townhomes 5 5 Completed Parcel 8 Timeshare (Silverwest) 175 210 Proposed / Under Review Ocean Course, Central Operations, Future Golf Expansion -- -- Proposed Shops at Hōkūala -- -- Completed Ninini Point Residences 48 36 Proposed / Under Review Parcel 9E – Boutique Hotel 291 263 Proposed Subdivision 1 10 24 Proposed Subdivision 1A 9 18 Proposed Subdivision 2 -- -- No longer proposed Subdivision 3 -- -- No longer proposed Subdivision 4 24 24 Proposed Parcels 9C and 9D – Hotel Villa 90 (52 and 38 respectively) 72 Proposed Kalanipuʻu 78 78 Completed TOTAL 772 772 The proposed reassignment of density stems from recent changes in market conditions, as well as recent cultural shifts to telecommuting and remote working that has been facilitated by technological advancements. Together these changes have affected the overall demand for housing types. By reassigning density within a previously planned development, the Project will serve to protect open space throughout the Resort as units will be allocated to an area already designated for development. The 42 dwelling units proposed for the Project will be developed as 42 single-family residential units within two (2) adjacent single-family residential subdivisions located within a remnant area of the Resort’s existing 18-hole golf course complex owned by the 3 Petitioner. The two (2) single-family residential subdivisions, identified as Subdivision 1 and Subdivision 1A, will encompass a total area of approximately 14.2 acres comprised of approximately 6.2 acres for Subdivision 1, approximately 4.6 acres for Subdivision 1A, and approximately 3.4 acres for remnant green space. It is anticipated that these estimated areas will be finalized through the subdivision process as the development will be subject to setback requirements set forth by the County of Kauaʻi Comprehensive Zoning Ordinance (CZO). In addition, the Project will be required to comply with all applicable laws, rules, and regulations of the County of Kauaʻi. Background of Entitlements for the Kauaʻi Lagoons Resort: On August 23, 2005, the Kauaʻi Lagoons Resort received approval for a Special Management Area Use Permit SMA (U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U-2005-25, Variance Permit V-2005-7, and Class IV Zoning Permit Z-IV-2005-30 (“SMA Permit”) from the County Planning Commission to allow the development of 723 hotel/residential units, along with 24 affordable housing units, a new golf clubhouse, treatment spa, fitness center, retail and office space, a restaurant, resort check-in facilities, temporary sales facilities and model units, public recreational facilities, off-street parking stalls, and other resort amenities. The 24 affordable housing units were proposed to be developed in partial fulfillment of the 106 affordable housing units required in conjunction with the Kauaʻi Lagoons Resort development as stated in the Kauaʻi Lagoons Resort Affordable Housing Agreement effective February 18, 2005. The Variance Permit Application V- 2005-7 was previously withdrawn by the Applicant on June 22, 2005. On September 29, 2006, a General Plan Amendment, Zoning Amendment, and Visitor Destination Area Amendment was approved by the Kauaʻi County Council to provide lower-density development, develop in remnant golf course areas, permit additional lagoon area units, and permit single-family lots within the golf course. An Environmental Assessment (“EA”) was prepared in April 2006 in conjunction with the General Plan Amendment process for the Kauaʻi Lagoons Resort. The Zoning Amendment Ordinance established a 750-dwelling or hotel unit density cap for the Kauaʻi Lagoons Resort, exclusive of the affordable housing units. The Kauaʻi Lagoons Resort Affordable Housing Agreement was also amended to provide for permanent affordable housing and to add an additional seven (7) affordable housing units to the previously approved number of 106 for a total of 113 affordable housing units. On June 10, 2008, Kauaʻi Lagoons Resort received approval for an Amendment to Special Management Area Use Permit SMA (U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U-2005-25, and Class IV Zoning Permit Z-IV-2005-30 and Special Permit SP-2008-4 (“Amended SMA Permit”) from the County Planning Commission to implement a revised master plan for the balance of the Resort development and to allow the development of 407 resort residential units, the previously mentioned 31 affordable housing units, a new golf clubhouse with a pro shop, a restaurant, a commercial facility, a members lounge, a main check-in building, a central operations building, temporary central operations facilities, temporary sales facilities and model units, public lateral shoreline access, public recreation/picnic shelters, showers and restroom facilities, swimming pools, a new tennis court complex, an electrical/mechanical facility, relocated and reconfigured golf holes of the Kiele Golf Course, in conjunction with modifications to other areas of the golf course to allow for a Par 72 championship Kiele Golf Course, and off-street parking stalls, including 20 public beach access parking stalls. The Special Permit was granted to allow the proposed tennis court complex, consisting of five (5) tennis courts, to be developed within a portion of land located in the State Agricultural District within the Mokihana Golf Course. The 4 project also included a large lot subdivision of the Kauaʻi Lagoons Resort to allow for various boundary adjustments necessary to accommodate the proposed development, and subdivision of the parcels involving the single-family residential development to undertake the then-proposed 54 single-family residential lots. On August 11, 2009, Kauaʻi Lagoons Resort received approval for a Second Amendment to Special Management Area Use Permit SMA (U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U-2005-25, and Class IV Zoning Permit Z-IV-2005-30 and Special Permit SP-2008-4 (“Second Amended SMA Permit”) from the County Planning Commission to implement further revisions to the master plan for the Kauaʻi Lagoons Resort development within the previously approved 750-dwelling or hotel unit density cap. The proposed revisions were needed to provide for adjustments to the residential product types being offered in response to then-current market conditions. The proposed revisions to the master plan included approximately 387 resort residential units comprised of 372 condominium/time share units and 15 single-family residential lots, and support facilities including a central operations building with a marketplace/café, a temporary central operations facility, administrative office facilities, a temporary sales facility and model units, a marketplace express and grill/kitchen, a kids club, a fitness center, a resales center, a landscape maintenance facility, swimming pools, two (2) pool bars, three (3) greeter stations, two (2) electrical/mechanical facilities, an underground sewer pump station, a water booster pump station, drainage improvements, and off-street parking stalls. The Special Permit SP-2008-4 application, which would have allowed for the development of the proposed tennis court complex, was withdrawn by the Applicant under the same action. A copy of the Second Amended SMA Permit approval letter from the County Planning Department dated August 12, 2009, and the status of compliance with the conditions of approval are included in Exhibit F. On January 12, 2010, Kauaʻi Lagoons Resort received approval for a Third Amendment to Special Management Area Use Permit SMA (U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U-2005-25, and Class IV Zoning Permit Z-IV-2005-30 and Special Permit SP-2008-4 (“Third Amended SMA Permit”) from the County Planning Commission to assign a 22 dwelling unit density to three (3) separate single-family residential subdivisions, Subdivisions 1A, 5, and 6, located within the Kauaʻi Lagoons Resort development. The density assignment of 22 dwelling units stemmed from an agreement between Kauaʻi Development LLC, owner of an approximately 138-acre oceanfront parcel located adjacent to and east of the Līhuʻe Airport, and the County, to assign a density equivalent to the calculated density of 22 dwelling units from the 138- acre parcel to the Kauaʻi Lagoons Resort consistent with the provisions of Condition No. 23 of Zoning Ordinance No. PM-2006-383 for the Kauaʻi Lagoons Resort. Following the assignment of density, the 138-acre parcel was conveyed to the County for public purposes. With the density assignment of the 22 dwelling units to the Kauaʻi Lagoons Resort, the density cap for the Resort was increased from the previous maximum density of 750 dwelling or hotel units established under Condition No. 1 of Zoning Ordinance No. PM-2006-383 to a total maximum density of 772 dwelling or hotel units, exclusive of the Resort’s 31 affordable housing units, established under Condition No. 1 of Zoning Ordinance No. PM-2009-394. A copy of the Third Amended SMA Permit approval letter from the County Planning Department dated January 13, 2010, and the status of compliance with the conditions of approval are included in Exhibit F. 5 In accordance with the Kauaʻi Lagoons Resort Affordable Housing Agreement, a total of 113 affordable housing units were developed in conjunction with the Kauaʻi Lagoons Resort development. Eighty-two (82) of these units were developed as multi-family affordable housing rental units located on an approximately 6.7-acre parcel identified as TMK: (4) 4-3-001: 014 within the Waipouli area of the island. The remaining 31 multi- family affordable housing units were developed and offered for sale as fee simple on an approximately 2.1-acre parcel identified as TMK: (4) 3-5-001: 165 within the northwestern portion of the Kauaʻi Lagoons Resort at the intersection of Kāpule Highway (now known and referred to hereinafter as the Kauaʻi Veterans Memorial Highway) and Haoa Street. For the currently proposed Project, the Petitioner is seeking to amend the County land use designations for inland portions of the Resort property to accommodate the proposed density of 42 dwelling units at Subdivisions 1 and 1A, and to accommodate the proposed reduction of density at Lot 10C. The required amended land use designations for 16.8 acres of land consist of a County Zoning Amendment from the Residential District (R-2) to the Residential District (R-4) for approximately 14.2 acres of land and a County Zoning Amendment from the Resort District (RR-10) to the Residential District (R-2) for approximately 2.6 acres of land within the Hōkūala Resort. The Project is consistent with the State and other County land use designations as approved by Zoning Ordinance No. PM-2009-394, State Land Use District Ordinance No. PM-2009-392, General Plan Ordinance No. PM-2009-393, and Visitor Destination Area Ordinance No. PM-2009-395, copies of which are included in Exhibits B, C, D and E, respectively. The status of compliance with the conditions of approval of Zoning Ordinance No. PM-2009-394 is also included in Exhibit B. In addition to the County Zoning Amendment, County land use permits may also be required for development of the proposed Project improvements. The required land use permits may include 1) a Project Development Use Permit for development of more than ten (10) dwelling units in any Residential District (Section 8-10.2[a][2] of the CZO); and 2) a Class IV Zoning Permit since a Project Development Use Permit is required. The Application to amend the existing Project Development Use Permit and Class IV Zoning Permit for Hōkūala Resort is being obtained separately by the Petitioner and its authorized agents. The Petition Area encompasses approximately 16.8 acres of the Hōkūala Resort and is defined by Tax Map Keys (TMKs): (4) 3-5-001: 027 (por.), 168 (por.), and 177 and TMKs: (4) 3-5-004: 100 to 109 as shown on the Tax Map attached as Figure 2 in Exhibit A. The following defined terms are used in this Petition: “Resort Property” refers to the overall Hōkūala Resort, formerly Kauaʻi Lagoons Resort, and property consisting of approximately 560 acres. “Resort Development” refers to the planned master plan development of the Hōkūala Resort property, formerly the Kauaʻi Lagoons Resort property. “Petition” refers to this Petition for County Zoning Amendment. 6 “Petition Area” refers to the approximately 16.8 acres of land within the Hōkūala Resort comprised of the total acreage associated with Subdivision 1 (approximately 6.2 acres), Subdivision 1A (approximately 4.6 acres), remnant green space (approximately 3.4 acres) currently within the County Residential District (R-2), and Lot 10C (2.6 acres). “Petitioner” refers to the landowners of the subject property Tower Kauai Lagoons Sub 1, LLC, 2014 Kauai Lagoons Golf, LLC, Tower Kauai Lagoons Land, LLC, and Tower Kauai Lagoons Sub 7, LLC. “Project” refers to the two (2) proposed single-family residential subdivisions (Subdivisions 1 and 1A) consisting of 42 single-family residential units that will be situated on lots developed in compliance with the CZO. “Project Site” refers to the approximate 14.2 acres of land within a remnant area of the Hōkūala Resort’s existing 18-hole golf course complex comprised of the total acreage associated with Subdivision 1 (approximately 6.2 acres), Subdivision 1A (approximately 4.6 acres), and remnant green space (approximately 3.4 acres) identified as TMK: (4) 3-5-004: 100 to 109 and TMK: (4) 3-5-001: 027 (por.) and 168 (por.). “Subdivision 1” refers to the approximate 6.2-acre subdivision consisting of 24 single-family residential units located within a remnant area of the Hōkūala Resort’s existing 18-hole golf course complex, southwest of Hole Nos. 10 to 12 (TMK: (4) 3-5-004: 100 to 109). “Subdivision 1A” refers to the approximate 4.6-acre subdivision consisting of 18 single-family residential units located within a remnant area of the Hōkūala Resort’s existing 18-hole golf course complex, southwest of Hole Nos. 10 to 12 (TMK: (4) 3-5-001: por. 027 and por. 168). “Lot 10C” refers to the approximate 2.6-acre area located in the vicinity of the existing man-made lagoon feature north of the existing Kalanipuʻu subdivision (TMK: (4) 3-5-001: 177). Through this Petition for County Zoning Amendment (the “Petition”), the Petitioner is requesting that the Petition Area be reclassified as follows: County Zoning Amendment: The zoning designation for approximately 16.8 acres of the Petition Area is proposed to be amended as follows: 7 a. The approximate 14.2 acres of land designated County Residential District (R-2) comprised of TMKs: (4) 3-5-001: 027 (por.) and 168 (por.), and (4) 3-5- 004: 100 to 109 to be reclassified to the Residential District (R-4) for the development of Subdivisions 1 and 1A consisting of a total of 42 single-family residential units that will be situated on lots developed in compliance with the CZO. b. The approximate 2.6 acres of land designated County Resort District (RR-10) comprised of TMK (4) 3-5-001: 177 to be reclassified to the Residential District (R-2) for a reduction in the allowable density to ensure an appropriate balance of development is maintained in the vicinity of the Project Site. SECTION I: PETITIONER’S ADDRESS AND TELEPHONE Petitioner: Tower Kauai Lagoons Sub 1, LLC, 2014 Kauai Lagoons Golf, LLC, Tower Kauai Lagoons Land, LLC, and Tower Kauai Lagoons Sub 7, LLC 3370 Alaʻoli Way Līhuʻe, Hawaiʻi 96766 Contact Person: Gary Siracusa, LEED AP Phone: (808) 639-1917 Authorized Agents: Timbers Resorts 3351 Hoʻolauleʻa Way, Suite 201 Līhuʻe, Hawaiʻi 96766 Contact Person: Gary Siracusa, LEED AP Phone: (808) 639-1917 Belles Graham, LLP 4334 Rice Street, Suite 202 Līhue, Hawaiʻi 96766 Contact Person: Michael J. Belles Phone: (808) 246-6961 Facsimile: (808) 245-3277 Wilson Okamoto Corporation 1907 South Beretania Street, Suite 400 Honolulu, Hawaiʻi 96826 Contact Person: Rebecca Candilasa Phone: (808) 946-2277 Facsimile: (808) 946-2253 SECTION II: IDENTIFICATION OF PETITIONER The Petitioners are Tower Kauai Lagoons Sub 1, LLC, 2014 Kauai Lagoons Golf, LLC, Tower Kauai Lagoons Land, LLC, and Tower Kauai Lagoons Sub 7, LLC, with its address at 3370 Alaʻoli Way, Līhuʻe, Hawaiʻi 96766. The Petitioner’s representative is Mr. Gary Siracusa, LEED AP – Director of Construction. 8 The landowners of the subject properties which are the subject of this Petition are the Petitioner: Tower Kauai Lagoons Sub 1, LLC, 2014 Kauai Lagoons Golf, LLC, Tower Kauai Lagoons Land, LLC, and Tower Kauai Lagoons Sub 7, LLC. By letters dated April 15, 2021 from Tower Kauai Lagoons Sub 1, LLC, 2014 Kauai Lagoons Golf, LLC, Tower Kauai Lagoons Land, LLC, and Tower Kauai Lagoons Sub 7, LLC, to Mr. Kaʻaina Hull, Director of the County Planning Department, the Petitioner has authorized Timbers Resorts, Belles Graham, LLP, and Wilson Okamoto Corporation to act as its agents for the processing of the subject Petition (authorization letters attached hereto as Exhibit G). SECTION III: PETITION AREA DESCRIPTION The Petition Area is located within the Hōkūala Resort in Kalapakī, Līhuʻe, Kauaʻi, Hawaiʻi approximately one mile southwest of Līhuʻe Town as shown on the Location Map included as Figure 1 in Exhibit A. The developments planned within a portion of the Petition Area are referred to as Subdivisions 1 and 1A. The Petition Area encompasses approximately 16.8 acres of the Hōkūala Resort identified as TMKs: (4) 3-5-004:100 to 109 and (4) 3-5-001: 027 (por.), 168 (por.), and 177 as shown on the Tax Map attached as Figure 2 in Exhibit A. The three (3) Title Reports that include the parcels comprising the Petition Area are attached hereto as Exhibit H. SECTION IV: ZONING DESIGNATIONS County Zoning: The Petition Area encompasses approximately 16.8 acres and is comprised of approximately 14.2 acres currently zoned within the Residential District (R- 2) and approximately 2.6 acres currently zoned within the Resort District (RR-10). This Petition seeks to reclassify approximately 14.2 acres of the Residential District (R-2) into the Residential District (R-4) for the development of Subdivision 1 (TMK: (4) 3-5-004:100 to 109) and Subdivision 1A (TMK: (4) 3-5-001:027 (por.) and 168 (por.)). In addition, this Petition also seeks to reclassify approximately 2.6 acres of the Resort District (RR-10) to the Residential District (R-2) at Lot 10C (TMK: (4) 3-5-001: 177). A figure showing the proposed changes in zoning designation is included as Figure 3a in Exhibit A. Reclassifying 14.2 acres of land designated County Residential District (R-2) to the Residential District (R-4) would allow for an additional 23 dwelling or hotel units to be reassigned to the developments at Subdivisions 1 and 1A that will consist of 42 single- family residential units in total. These additional dwelling units are being afforded by a reduction in dwelling or hotel units from completed developments based on as-built conditions and from existing planned developments that are expected to be developed at a lower density pursuant to the approved density cap of 772 dwelling or hotel units for Hōkūala Resort. By reassigning existing approved density within the Hōkūala Resort to the Project, no increase in the approved density cap of 772 dwelling or hotel units, as permitted pursuant to Zoning Ordinance No. PM-2009-394, would be required. Within the overall Hōkūala Resort, the total calculated maximum density of dwelling or hotel units pursuant to the County’s CZO is 2,775 dwelling or hotel units. This calculated maximum density is based on the current zoning designations as set forth in the Existing County Zoning Map included as Figure 3 in Exhibit A and is summarized as follows: 9 Table 2. Total Maximum Density of Dwelling or Hotel Units Based Upon Existing Zoning at Hōkūala Resort Existing Zoning1 Acreage Maximum No. of Dwelling or Hotel Units/Acre Maximum Density of Dwelling or Hotel Units Resort District (RR-10) 16.6 20 332 Resort District (RR-20) 41.8 40 1,672 Residential District (R-20) 16.2 20 324 Residential District (R-2) 61.6 2 123 General Commercial District (CG) 16.2 20 324 Total Maximum Dwelling or Hotel Unit Density 2,775 1 Based on current Resort (RR), Residential (R) and General Commercial (CG) District zoning designations as set forth in the Existing County Zoning Map included as Figure 3 in Exhibit A. The calculation of density excludes the 351.5 acres of Open District (O) zoned lands within the Hōkūala Resort in accordance with Condition No. 2 of Zoning Ordinance No. PM-2009-394 which restricts the Open District (O) portions of the Resort property from having any residential density or being used for the calculation of any residential density on the property. As indicated in Table 2, the Hōkūala Resort currently has a maximum dwelling or hotel unit density, as permitted pursuant to the County’s CZO, well in excess of the 772 dwelling or hotel unit density currently allowed under existing entitlements. Therefore, the reclassification of land from Residential District (R-2) to Residential (R-4) would not affect the Resort Development’s conformance with the CZO. Moreover, the proposed reclassification of 2.6 acres of land designated County Resort District (RR-10) to Residential District (R-2) would substantially decrease the total maximum density of dwelling or hotel units allowed under the CZO in that area thereby helping to offset the modest increase created by the reclassification of 14.2 acres from Residential District (R-2) to Residential District (R-4). Līhuʻe Community Plan (2015): The Līhuʻe Community Plan Land Use Map shows the Petition Area as partially designated for Resort use and partially designated for Open space. The proposed use is in conformance with previous land use entitlements approved for the area, including the General Plan Ordinance No. PM-2006-382 adopted on September 29, 2006 which designates the Petition Area as Resort. SECTION V: DESCRIPTION OF PETITION AREA 1. Location The Petition Area is located within the Hōkūala Resort in Kalapakī, Līhuʻe, Kauaʻi as shown in Figure 1 in Exhibit A. The Hōkūala Resort is located adjacent to and south/southwest of Līhuʻe Airport and approximately one mile southwest of Līhuʻe Town. Its primary physical boundaries consist of the Līhuʻe Airport to the north and east, Nāwiliwili to the west, and Nāwiliwili Bay to the south. The approximately 560-acre Hōkūala Resort property is owned by various Tower Kauaʻi Lagoons (“TKL”) entities and is identified as TMK: (4) 3-5-001: 027, 165, 168, 169, 171 to 177, and 180 to 215; and TMK: (4) 3-5-004:100 to 109, 200 to 208, 300 to 310, 400 to 423, 700, and 705 as shown in Figure 2 in Exhibit A. 10 The Petition Area is comprised of two distinct areas located southwest of Holes 10 to 12 of the Hōkūala Resort’s 18-hole golf course complex. Approximately 14.2 acres of the Petition Area comprised of TMK: (4) 3-5-004:100 to 109 and (4) 3-5-001: 027 (por.) and 168 (por.), referred to herein as the “Project Site”, is located in a remnant area of the existing golf course and north of the existing man-made lagoon feature. The remaining 2.6 acres of the Petition Area comprised of TMK (4) 3-5-001: 177, referred to herein as “Lot 10C”, is located in the vicinity of the existing man-made lagoon feature north of the existing Kalanipuʻu subdivision. 2. Existing Use Existing Uses: The existing use within the Petition Area includes portions of cleared, vacant land surrounding the Hōkūala Resort’s 18-hole golf course complex and man- made lagoon as shown in the Petition Area Photos included in Exhibit I. Kāhilipulu Way currently bisects the Project Site. Surrounding Uses: Within the Resort Property, land uses immediately bordering the Petition Area include portions of the Hōkūala Resort’s 18-hole golf course complex and the man-made lagoons which provide recreational opportunities and accommodate drainage for the Resort Development. South of the Petition Area is the existing Kalanipuʻu subdivision, the existing commercial complex (formerly Fashion Landing), and the currently vacant Parcel 9E, which is the site of the proposed boutique hotel. The County’s Līhuʻe Wastewater Treatment Plant (“WWTP”) is also located approximately 0.5 miles from the Petition Area within the general area of the Resort Property; however, the WWTP property is owned by the County of Kauaʻi. Beyond the Resort Property, to the north and east, are the Līhuʻe Airport and an 138- acre oceanfront parcel that was conveyed to the County. Approximately a mile northwest and west of the Resort Property are the Līhuʻe and Nāwiliwili communities where the Kauaʻi Judiciary Complex, Kauaʻi Police Department Headquarters, Vidinha Memorial Stadium, U.S. Postal Service Post Office Līhuʻe Carrier Annex, and Līhuʻe Industrial Park are all located. Major thoroughfares through this area include the Kauaʻi Veterans Memorial Highway and Rice Street. Southwest and south of the Resort Property are the Kauaʻi Marriott Resort and Beach Club, Nāwiliwili Harbor, and Kalapakī Beach. Other land uses in the vicinity of the Hōkūala Resort include residential developments to the west, Ahukini Recreation Pier State Park to the north, and Ninini Point Lighthouse to the south. Existing and surrounding land uses are depicted in the Vicinity Map included as Figure 5 in Exhibit A. 3. Elevation Within the Petition Area, elevations of the Project Site are defined by the existing topographic contours and features, which have been mass graded previously. Elevations at the proposed Subdivision 1 site range from approximately 90 feet above mean sea level (msl) to 117 feet above msl. At the Subdivision 1A site, elevations range from approximately 110 feet above msl across most of the site to approximately 100 feet above msl near the eastern end. 11 4. Slope Relative to the Resort Property, the Petition Area is part of the general 2 to 15 percent downward slope towards Nāwiliwili Bay. At the Project Site, Subdivisions 1 and 1A are relatively flat with slight changes in elevation accommodated by a gentle slope in the topography. 5. Drainage The Nāwiliwili Stream is the nearest perennial stream, located approximately 0.3 miles southwest of the Resort Property at its closest point. Nāwiliwili Stream flows into Nāwiliwili Bay at an outlet near Kalapakī Beach. The Hanamāʻulu Stream is also a perennial stream and is located approximately 1.4 miles north of the Resort Property at its closest point. There are no natural streams or wetlands located within or in the immediate vicinity of the Petition Area. Within the Hōkūala Resort, there are two existing drainage channels. The Western drainage channel is located on the west side of the Resort Property and is about 4,160 feet long. The channel runs along the Līhuʻe WWTP, makai through the golf course, and eventually discharges into Nāwiliwili Stream through a two-cell box culvert at the west side of the Kauaʻi Marriott Resort and Beach Club. The second channel, identified as the Eastern drainage channel, is located on the east side of the Resort Property and is about 1,750 feet long. This channel runs through the golf course, eventually discharging into the ocean along the east side of the existing commercial complex (formerly Fashion Landing). In addition to these channels, drainage at the Hōkūala Resort is managed by a network of man-made lagoons encompassing approximately 35 surface acres. These lagoons are approximately 10 feet deep, aerated to help maintain water quality, and are supplied by non-potable wells within the Hōkūala Resort. A redundant spillway structure is provided at the lagoons to prevent the water surface from overflowing the lagoon. Man- made ponds and detention basins also help to capture and manage stormwater runoff at the Hōkūala Resort. The lagoons are located makai of the Project Site while Lot 10C is located in the vicinity of the northeastern end of the main lagoon. A discussion of the existing and proposed drainage system for the Petition Area is included in Section VI. F. 3. 6. Flood Hazard According to the Flood Insurance Rate Map (“FIRM”) prepared by the Federal Emergency Management Agency (“FEMA”), the Petition Area is located within Zone “X”, defined as “Areas determined to be outside the 0.2% annual chance floodplain” as shown on the Flood Zone Map included as Figure 6 in Exhibit A. 7. Rainfall The average annual rainfall in the Petition Area ranges from approximately 40 to 60 inches. 12 8. Soil Classification The existing soil conditions consist of basaltic rock built by the extrusion of lavas of the Koloa Volcanic Series, which are generally characterized by flows of jointed dense vesicular basalt with interbedded thin clinker layers. The weathering process has formed a mantle of residual soils, which grade to saprolite with increased depth. Saprolite is composed of mainly silty material and is typical of the tropical weathering of volcanic rocks. The U.S. Department of Agriculture, Natural Resources Conservation Services, classifies the soils within the project area as predominantly Lihue silty clay (LhB), 0 to 8 percent slopes, with some portions of Subdivision 1 comprised of Lihue gravelly silty clay (LIB), 0 to 8 percent slopes. The Lihue series consist of deep, well drained soils on uplands. These soils developed in material weathered from basic igneous rock. The LhB and LIB soil series are similar in that permeability is moderately rapid, runoff is slow, and erosion hazard is no more than slight. The Detailed Land Classification - Island of Kauaʻi published by the University of Hawaiʻi Land Study Bureau (LSB), evaluates the quality or productive capacity of certain lands on the island for selected crops and overall suitability in agricultural use. A five-class productivity rating system was established with “A” representing the class of highest productivity and “E” the lowest. Within the Petition Area, Subdivision 1A and a portion of Subdivision 1 is classified as “B” rated soils, which indicates a high suitability for productive agriculture. The Agricultural Lands of Importance in the State of Hawaiʻi (ALISH) map designates the entire Petition Area as “Prime Agricultural Land”, defined as land which has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modern farming methods. 9. Demographic or Ecological Studies A botanical and faunal survey of the Resort Property was conducted by Rana Productions, Ltd. in October 2005 to support the EA prepared in conjunction with the 2006 General Plan Amendment process associated with the development of the then- Kauaʻi Lagoons Resort. Subsequent to these surveys, a Habitat Conservation Plan (February 2012) was established with the U.S. Fish and Wildlife Service (USFWS) and the State Department of Land and Natural Resources (DLNR) Division of Forestry and Wildlife (DOFAW) in accordance with Section 10 of the Endangered Species Act, as amended, and §195-D, HRS and is discussed further in Section VII. A. 2. SECTION VI: DESCRIPTION OF PROPOSED DEVELOPMENT A. Type (e.g., residential, commercial, industrial, etc.) The Petition Area encompasses a total of approximately 16.8 acres which includes the total acreage associated with Subdivision 1 totaling approximately 6.2 acres, Subdivision 1A totaling approximately 4.6 acres, the remnant green space totaling approximately 3.4 acres, and Lot 10C totaling approximately 2.6 acres. No development is being proposed at Lot 10C (TMK: 3-5-001: 177). 13 The proposed density of 42 dwelling units will be developed into 42 single-family residential units within two (2) separate single-family residential subdivisions located within a remnant area of the Resort Development’s 18-hole golf course complex. The Hōkūala Resort Master Site Plan depicting the location of the two (2) single-family residential subdivisions within the Resort Development’s 18-hole golf course complex is included as Figure 8 in Exhibit A. A preliminary site layout for the Project is included in Exhibit K. It is noted that the site layout within the boundaries of the two (2) single-family residential subdivisions as depicted in Exhibit K is conceptual and may be subject to change. Notwithstanding, the proposed lots will be developed in compliance with the CZO and the Project will be required to comply with all applicable laws, rules, and regulations of the County of Kauaʻi. The first subdivision, identified as Subdivision 1 consisting of approximately 6.2 acres, will consist of 24 single-family residential units that will be situated on lots developed in compliance with the CZO. Subdivision 1 is located in the vicinity of what once was the first hole of the former Mokihana Golf course and is now a remnant area of the existing 18-hole golf course complex within the central-eastern portion of the Resort Development (TMK: (4) 3-5-004: 100 to 109). The second subdivision, identified as Subdivision 1A consisting of approximately 4.6 acres, will consist of 18 single-family residential units situated on lots developed in compliance with the CZO. Subdivision 1A is also located in the vicinity what once was the first hole of the former Mokihana Golf course and is now a remnant area of the existing 18-hole golf course complex within the central-eastern portion of the Resort Development (TMK: (4) 3-5-001: por. 027 and por. 168). Dwelling construction and lot landscaping will be undertaken separately by the developer in accordance with the County’s CZO and established design guidelines. Copies of the design and construction guidelines and conceptual single-family residential dwelling unit floor plans and exterior elevations for the Resort Development’s single-family residential dwelling units are included in Exhibit K. Existing public roadways in the vicinity of the Resort Development include Kaua‘i Veterans Memorial Highway to the north and Rice Street to the west. In accordance with Condition No. 6 of the Amended SMA Permit, the Ninini Point Street entrance at Kauai Veterans Memorial Highway will serve as the primary vehicular access for the Resort Development. Vehicular access to each of the proposed single-family residential subdivisions will be from the privately-owned and maintained internal roadway system within the Resort Development. The primary vehicular access from Kauaʻi Veterans Memorial Highway to both Subdivisions 1 and 1A will be via Ninini Point Street, Pāhola Drive (formerly known as Limo Road), Ho‘olaule‘a Way, and Kāhilipulu Way. Sustainable Strategies: Consistent with existing and planned developments within the Resort Development, the proposed Project proposes to incorporate the application of Leadership in Energy and Environmental Design (“LEED”) standards and strategies, to the extent deemed economically feasible, to achieve sustainable site, utilities and building development. The following green principles and strategies being proposed for the Project and the overall Resort Development include the following: 14 Sustainable Sites:  Control storm water runoff on-site. The project’s design will reuse the majority of the storm water volume generated for non-potable uses. Storm water runoff will be captured and returned to the lagoons or retained on-site.  Develop an erosion and sedimentation control plan meeting the construction activity pollution prevention criteria. This would include reducing pollution from construction activities by controlling soil erosion, waterway sedimentation and airborne dust generation.  Reduce the roof heat island effect by using Energy Star compliant, high reflectance and low emissivity roofing at roof areas.  Minimize light pollution by designing exterior lighting to reduce fixture lumens emitted at an angle of 90 degrees or higher from nadir (straight down).  Promote alternative transportation by providing secure bicycle storage.  Provide pedestrian linkages within the Resort Development and to Island-wide public transportation. Water Efficiency:  Achieve water and energy savings by utilizing high efficiency heating, ventilation and air-conditioning (HVAC) systems.  Design for low irrigation water usage and utilize non-potable water for landscape irrigation. The project’s irrigation will utilize water from the Resort’s lagoons, on-site wells, and R-1 quality recycled wastewater effluent from the County’s Līhuʻe Wastewater Treatment Plant. Potable water for irrigation of the project’s landscaping will be minimized or eliminated.  Reduce potable water usage through use of high efficiency, low flow plumbing fixtures. Energy and Atmosphere:  Assess building energy design efficiencies and perform fundamental building commissioning.  Reduce energy demand through specification of efficient lighting and mechanical equipment. Specify Energy Star rated appliances that will reduce electric consumption. Use high performance glazing to achieve an increased level of performance and reduction in energy use.  Energy consumption reduction through design modeling has been designed to be ~14% more efficient than ASHRAE 90.1 2004.  Incorporate specified refrigerants that do not utilize ozone depleting chemicals such as Chloro-fluoro-carbons (“CFCs”). Indoor Environmental Quality:  Design HVAC systems to monitor air delivery.  Propose low Volatile Organic Compound (“VOC”) materials such as adhesive and sealants, paints and coating, and carpet systems.  Require a construction management plan for the proper storage, installation and maintenance of HVAC systems to minimize particulate and organic contaminants. Implement an Indoor Air Quality (“IAQ”) Management Plan during pre-occupancy phases that 15 protects the HVAC system during construction, controls pollutant sources and interrupts contamination pathways.  Provide lighting control systems that reduce light usage and sensors for day lighting to reduce energy consumption.  Provide building occupants with options for thermal comfort and control.  Design spaces with views to the exterior and options for natural ventilation. Innovation and Design Process:  Provide a post-occupancy ongoing pest management program with an emphasis on effective use of Green pesticides and techniques.  Implement a green housekeeping program.  Consider carbon neutral building products.  Incorporate use of low VOC furniture.  Incorporate use of LED lighting.  Adhere to the joint Federal-State Habitat Conservation Plan in accordance with the requirements of Section 10 of the Endangered Species Act, as amended, and §195D, HRS. Waste Stream Diversion:  During construction, develop a solid waste management plan to segregate and store materials for recycling (paper, wood, cardboard, glass, metals, and plastics) and minimize construction, demolition and land clearing debris from disposal in the County’s landfill.  Reuse concrete from the demolition of existing buildings and other infrastructure within the Resort Development as non-expansive granular fill in areas deemed appropriate for such reuse.  Utilize locally-produced materials such as aggregate and concrete wherever feasible and applicable.  Incorporate waste diversion and reduction facilities into the design of the project and encourage recycling of materials at the project during the operations phase. Implement a solid waste management plan to provide for recycling of cardboard, aluminum, glass, plastic, and green waste, and participation in the State’s “high five” program. Incorporate recycling and waste collection facilities at each development area within the Resort Development. Employ composting of all greenwaste on-site for the project’s golf course and landscaped areas. B. Projected Number of Lots/Units, Size, Selling Price; If Residential Development, Whether Development Considers Housing For All Economic And Social Groups The proposed Project will provide a total of 42 single-family residential units within two (2) adjacent single-family residential subdivisions. The first subdivision, identified as Subdivision 1, will include 24 single-family residential units situated on lots developed in compliance with the CZO. The second subdivision, identified as Subdivision 1A, will include 18 single-family residential units situated on lots developed in compliance with the CZO. 16 Dwelling construction and lot landscaping will be undertaken separately by the developer in accordance with the CZO and established design guidelines. A copy of the draft design and construction guidelines and conceptual typical single-family residential dwelling unit floor plans and exterior elevation for the Resort Development’s single- family residential dwelling units are included in Exhibit K. The final product is envisioned as a mix of 2- to 3-bedroom single family residential units that would have an estimated selling price between $1.5 million to $1.75 million. The final selling price will be set by the developer. The workforce housing requirement for the proposed Project has been met with the development of 113 affordable housing units, 82 multi-family affordable housing rental units located on an approximately 6.7-acre parcel in Waipouli and 31 multi-family affordable housing units located on an approximately 2.1-acre parcel within the northwestern portion of the Hōkūala Resort at the intersection of Kauaʻi Veterans Memorial Highway and Haoa Street. These affordable housing units were developed in accordance with the Kauaʻi Lagoons Resort Affordable Housing Agreement effective February 18, 2005, as amended. C. Location of Proposed Development in Relationship to Adjacent Urban Districts and Developments Whether Contiguous or Part of a Planned Community Project The Petition Area is located within the existing Urban District, and the surrounding Hōkūala Resort is located adjacent to existing Urban Districts. Hōkūala Resort is in turn contiguous with existing Urban District areas and developments, including the Līhuʻe Airport to the north and east; commercial, industrial, public facilities, and residential areas to the west; and the resort (Kauaʻi Marriott Resort and Beach Club), commercial, and residential uses to the south. The subject Project is part of the overall master site plan for the development of the Hōkūala Resort as shown in Figure 8 of Exhibit A. D. Development Timetable Mass grading of the Project Site was completed at the time the former golf course was modified to its current 18-hole golf course complex layout. Therefore, development of the proposed Project is projected to be undertaken following receipt of applicable or required entitlements, permits, subdivision, and construction plan approvals. Subdivision 1: Start Completion Subdivision/Construction Documents June 2021 August 2021 Infrastructure/Lot Construction September 2021 October 2021 Subdivision 1A: Start Completion Subdivision/Construction Documents June 2021 August 2021 Infrastructure/Lot Construction August 2021 October 2021 17 E Preliminary Development Plans, Topographic Data, Soil Conditions, Traffic or Demographic Studies The Site Concept Plan depicting the location and preliminary site layout of the two (2) single-family residential subdivisions consisting of 42 single-family residential units within the Resort Development’s 18-hole golf course complex is depicted in Exhibit K. It is noted that the site layout within the boundaries of the two (2) single-family residential subdivisions as depicted in Exhibit K are conceptual and may be subject to change. The proposed 42 single-family residential units will be developed in compliance with the CZO. No Additional Dwelling Units and guest cottages will be permitted. Dwelling construction and lot landscaping will be undertaken separately by the developer in accordance with the CZO and established design guidelines. Topographic data (elevation and slope) and soil conditions are discussed in Sections V. 3., 4., and 8., respectively. A discussion of traffic is included in Section VI. F. 4. F. Availability and Adequacy of Public Services and Facilities 1. Wastewater System: The County’s Līhuʻe WWTP is located within the northwestern portion of the Hōkūala Resort, near the Līhuʻe Airport. This secondary treatment plant has been upgraded to a present average design flow capacity of 2.5 million gallons per day (“mgd”), with current flows under 1.5 mgd. Wastewater effluent from the WWTP is treated to a R-1 water quality level and is then reclaimed for irrigation of the Hōkūala Resort golf courses or disposed of in injection wells. Tower Kauai Lagoons Land, LLC has an effluent use agreement with the County amended March 25, 2009 which allows Tower Kauai Lagoons Land, LLC to accept up to 1.5 mgd of R-2 treated effluent and a treatment capacity reservation of up to 290,000 gallons per day (gpd) at the Līhuʻe WWTP to service additional resort developments. The amended effluent use agreement also provides for the effluent to the Resort to be R-1 quality. Based on the County’s Sewer Design Standards, the average sewer design flow for the proposed 42 single-family residential units is estimated at 16,800 gpd. Based on the treatment capacity reservation of 290,000 gpd pursuant to the amended effluent use agreement, and the estimated average sewer design flow of 202,900 gpd for the Resort Development improvements, there is available capacity at the Līhuʻe WWTP to accommodate the flows from the proposed Project. The proposed Project will be connected to the Līhuʻe WWTP via a privately-owned and operated sewer collection system to be maintained by the Petitioner and the various TKL entities. The collection system for the proposed Project, including sewer mains and laterals, were previously installed during the development of Kāhilipulu Way. No additional improvements to the existing wastewater system infrastructure are anticipated to be needed for the proposed Project. 2. Water System: The County Department of Water (DOW) supplies the Hōkūala Resort’s potable water system through two (2) major water distribution systems. One 12-inch water line located off Haoa Street in the Līhuʻe Industrial Park services the northern and eastern portions of the Resort Property through an 8-inch water meter. The second 12-inch water line located near Rice Street south of the Resort Property, 18 which passes through the Kauaʻi Marriott Resort and Beach Club, services the southern and western portions of the Resort Property through two (2) 6-inch water meters that are being shared by the Hōkūala Resort, the adjacent Kauaʻi Marriott Resort and Beach Club, and the nearby Pali Kai Homes. The Resort Property is within the 393-foot pressure zone of DOW’s potable water source that is supplied by nine (9) well sources, two (2) tunnel sources, and a surface water treatment plant source. The potable water is stored in five (5) existing storage tanks located in the vicinity of the Resort Property. The potable water demand for the Project is based on the proposed 42 single-family residential units. Based on the County’s Water Standards and the residential use proposed, the estimated average daily demand for the Project is 21,000 gpd. From a cumulative Resort Development standpoint, an Updated Water Study Report was prepared by Wilson Okamoto Corporation in March 2010 to determine the adequacy of the existing water system and future water requirements to serve the proposed and planned developments within the Resort Development. The 2010 update reflected minor revisions to the 772 dwelling or hotel unit cap distribution of density throughout the resort core. The March 2010 report was subsequently updated in June 2011 and accepted by the DOW by letter dated June 24, 2011. A copy of this letter approving the March 2010 report and the June 2011 report is included in Exhibit L. At present, DOW is reviewing another update to the Water Study Report that was prepared by Bow Engineering & Development, Inc. in September 2020 comparing the plan approved fixture unit allocations with the fixture unit counts of the proposed Hōkūala developments. Although some modifications to the unit counts are being proposed with this Petition, the proposed increase at Subdivisions 1 and 1A would be partially offset by a decrease in water demand elsewhere in the Resort Development. As such, the proposed Project is not anticipated to have a significant effect on the calculated demand of water. Nonetheless, the Petitioner will continue to coordinate with DOW as they continue their review of the 2020 report and regarding any required updates. The potable water demand for the overall Hōkūala Resort development is based on the number of dwelling or hotel units and other land uses proposed. Based on the 2020 Water Study Report using the County’s Water Standards, the overall Resort Development has an estimated average daily demand of 315,050 gpd. As calculated in the report, the Project would reassign the water demands associated with 23 hotel units to 23 single-family residential units, resulting in a net increase in average daily demand of 3,450 gpd. It is anticipated that the existing 8-inch water meter and the two (2) existing 6-inch water meters will continue to serve the Resort Development and will be used to supply water to the various proposed and approved planned developments within the Resort. The Petitioner will continue to coordinate with DOW on whether the 8-inch meter is adequate to supply water for the remainder of the Resort Development, including the proposed Project. The Petitioner will also be coordinating with the DOW regarding additional source and storage requirements for the remainder of the Hōkūala Resort development, including the proposed Project. As the existing potable water transmission and distribution system is adequate, no transmission and distribution improvements are needed for the proposed Project. Water service to the Project Site will be provided by existing water lines which were installed 19 during the road improvement projects for the Resort Development and will connect to existing water lines within Kāhilipulu Way. The water system within the Resort Development will be privately-owned and operated and will be maintained by the Petitioner and other TKL entities. Currently, water from the Resort’s lagoons is used to irrigate areas makai of the lagoons, and R-1 quality water from the County’s Līhuʻe WWTP is reclaimed for irrigation for all of the Hōkūala Resort’s golf course areas mauka of the lagoons, as well as the landscaping for the resort and residential common areas. 3. Drainage: The Resort Property lies within an approximately 462-acre watershed area that is divided into eight (8) major drainage basins and encompasses the majority of the Resort. Currently, the majority of the runoff from the Resort Property sheet flows onto the golf courses and into the lagoons. Surface runoff converges into various drain inlets within the basins and into two (2) existing channels within the western and eastern portions of the Resort Property. The channel located within the western portion of the Resort Property (western drainage channel) encompasses a series of culverts and drain lines. The channel runs along the County’s Līhuʻe WWTP site, through the golf course, and eventually discharges into Nāwiliwili Stream through a 2-cell box culvert located west of the Kauaʻi Marriott Resort and Beach Club. The channel located within the eastern portion of the Resort Property (eastern drainage channel) runs through the golf course, eventually discharging into the ocean on the east side of the existing commercial complex (formerly Fashion Landing). Currently, storm water runoff from the Project Site sheet flows into the Hōkūala Resort’s lagoons located makai of the site. Due to the relatively flat topography at the Project Site, construction of the proposed Project improvements will involve only minor grading and excavation activities. Potential water quality impacts to nearshore coastal waters during construction of the proposed Project will be mitigated by adherence to State and County water quality regulations governing grading, excavation and stockpiling. Appropriate erosion and sediment controls will be instituted during Project grading operations and construction site work activities in compliance with the County’s grading ordinance and the State DOH’s National Pollutant Discharge Elimination System (“NPDES”) General Permit for Storm Water Associated with Construction Activity. Mitigation measures will be instituted following site-specific assessments, incorporating appropriate structural and/or non-structural Best Management Practices (“BMPs”) such as minimizing time of exposure between construction and re-vegetation, and implementing erosion control measures such as silt fences, graveled construction entrances, and sediment basins. Development of the proposed Project will result in an increase in storm runoff since portions of the remnant golf course areas within the Project Site will be replaced with non-permeable surfaces. The Project’s drainage system will be designed to accommodate the increased storm runoff without increasing off-site impacts and will comply with the County’s Drainage Standards. Following construction, exposed soils will have been graded, built and paved over, and landscaped which will control erosion. A Master Drainage Study, revised May 2010, was prepared by Wilson Okamoto Corporation subsequent to some of the Resort Development’s core improvements. The 2010 Master Drainage Study was approved by the County Department of Public Works (“DPW”) by letter dated February 18, 2009, a copy of which is included in Exhibit M. As the Master Drainage Study comprehensively evaluates the drainage impacts and 20 improvements needed to mitigate such impacts for the entire Resort Development, the assessment of impacts resulting from the proposed Project is discussed herein on a cumulative basis with the remainder of the Resort Development. Cumulatively, as the proposed developments within the Hōkūala Resort occur, the rate and quantity of runoff will change as a result of the proposed alterations to the natural topography and existing facilities within the area of development. The existing runoff outside of and unaffected by the Resort Development is assumed to remain unchanged. To determine the size of the drainage facilities required to maintain existing drainage conditions, peak runoff rates and runoff volumes were calculated for the pre- development and post-development conditions. A 100-year, 24-hour storm event was used, except for the mauka-most and makai-most portions of the Resort Development where a 2-year, 24-hour storm event was used. The 2-year, 24-hour storm event was used to estimate the required storage because it generates a larger runoff volume than the 100-year, 24-hour storm event. The results were used to size detention basins such that post-development runoff volume will not exceed the pre-development run-off volume. According to the May 2010 Master Drainage Study, the Resort Development will result in an estimated increase of approximately 125 cubic feet per second (“cfs”) of runoff and an increase in runoff volume of 29.336 acre-feet. To accommodate the projected increase in runoff volume, a total of seven (7) detention basins will be provided throughout the Resort Development which will account for 3.77 acre-feet of the increase in runoff volume with 24.920 acre-feet diverted into the existing lagoons. The excess runoff proposed to be diverted into the lagoons is estimated to raise the water level of the lagoons by 8.9 inches. The maximum allowable increase in water level height of the lagoons is 24 inches, which is sufficient to accommodate the estimated 8.9-inch rise in water level. With the addition of the proposed detention basins and use of the existing lagoons, the flow rates and drainage patterns will be kept to pre-development conditions, and the runoff generated by the Resort Development will not adversely affect the adjacent properties and down-gradient areas. 4. Traffic/Transportation Facilities: The main roads providing access to the Resort Development include Kauaʻi Veterans Memorial Highway and Rice Street. Haoa Street provides access to the Resort Development’s completed 31-unit multi-family affordable housing project located at the corner of Haoa Street and Kauaʻi Veterans Memorial Highway. Kauaʻi Veterans Memorial Highway is primarily a two-way, two-lane, undivided State highway providing access between Līhuʻe and Hanamāʻulu to the north. Kauaʻi Veterans Memorial Highway intersects Ninini Point Street and Hoʻolako Street at the northwest portion of the Resort Property. Ninini Point Street is a two-lane, two-way private roadway located within the Resort Property and is generally oriented in an east-west direction. Vehicular access is currently provided on Ninini Point Street to allow the public access to the coastal areas, along with access to the County’s Līhuʻe WWTP and for general resort servicing requirements. Hoʻolako Street is a predominantly two-lane, two-way roadway generally oriented in the east-west direction that primarily serves as the access road for the adjacent Vidinha Memorial Stadium. At this unsignalized intersection, Kauaʻi Veterans Memorial Highway has one lane for both approaches that serves all traffic movements, Ninini Point Street westbound has one lane that serves all traffic movements, and Hoʻolako Street eastbound has one lane that serves all traffic movements. 21 In accordance with Condition No. 6 of the 2008 Amended SMA Permit, the primary vehicular access to the Resort Development will be from Ninini Point Street at the Kauaʻi Veterans Memorial Highway intersection. Farther south, Kauaʻi Veterans Memorial Highway intersects Haoa Street and Halau Street in the vicinity of the Līhuʻe Industrial Park. At this signalized intersection, both approaches of Kauaʻi Veterans Memorial Highway have exclusive turning lanes and one through lane. Haoa Street and Halau Street are predominantly two-lane, two-way County roadways generally oriented in the east-west direction that provide access to the commercial/industrial areas along their alignment. At the intersection with Kauaʻi Veterans Memorial Highway, Haoa Street westbound and Halau Street eastbound have exclusive left-turn lanes and shared through and right-turn lanes. Haoa Street provides the primary vehicular access to the Resort Development’s 31-unit multi-family affordable housing project located within the Resort Property at the corner of Kauaʻi Veterans Memorial Highway and Haoa Street. Beyond that, Kauaʻi Veterans Memorial Highway intersects Rice Street which, in the vicinity of the Resort Property, is a two-way, two-lane State roadway serving as a connector road between Nāwiliwili Harbor and Līhuʻe. At this unsignalized intersection, Kauaʻi Veterans Memorial Highway southbound has exclusive left-turn and right-turn lanes. At the intersection, Rice Street eastbound has an exclusive left-turn lane and one through lane, while the westbound approach has one through lane and an exclusive right-turn lane. Secondary vehicular access to the Resort Property is provided from Rice Street at its intersection with Ho‘olaule‘a Way. This intersection also serves as the primary vehicular access to the Kauaʻi Marriott Resort and Beach Club located adjacent to the Resort Property. Within the Resort Development, the roadways and common driveways serving the various development areas will allow for two-way traffic and emergency vehicular access. Relative to the proposed Project, the primary vehicular access from Kauaʻi Veterans Memorial Highway to Subdivisions 1 and 1A will be via Ninini Point Street, Pāhola Drive (formerly known as Limo Road), Ho‘olaule‘a Way, and Kāhilipulu Way. In accordance with Condition No. 6 of the Amended SMA Permit, an updated Traffic Impact Report (“TIR”) was conducted by Wilson Okamoto Corporation in June 2016 for the Resort Development. This TIR was prepared as an update to the Traffic Impact Report Update for the Proposed Kauai Lagoons Resort dated July 2009, the Traffic Impact Report for the Proposed Kauai Lagoons Resort dated September 2004, the Supplemental Traffic Analysis for the Proposed Kauai Lagoons Resort dated June 2005 which assessed the Resort Development’s multi-family affordable housing development at the corner of Haoa Street and Kauaʻi Veterans Memorial Highway, and the Supplemental Traffic Analysis for the Proposed Kauai Lagoons Resort dated September 2005 which assessed the Ninini Point Street access at Kauaʻi Veterans Memorial Highway as the primary access to the Resort. 22 The following intersections were assessed in the updated TIR to determine the relative impact of the Resort Development:  Kauaʻi Veterans Memorial Highway at Ninini Point Street and Hoolako Street  Kauaʻi Veterans Memorial Highway at Rice Street  Kauaʻi Veterans Memorial Highway at Haoa Street and Halau Street  Rice Street at Ho‘olaule‘a Way Traffic volumes were forecast for Year 2022, the anticipated full build-out date for the Hōkūala Resort development. The TIR also accounted for the cumulative impact of the Resort development with other nearby proposed and planned developments, including the State of Hawaiʻi Department of Transportation (DOT) 2035 Transportation Plan Improvements, the proposed Wailani development located within a portion of the former Līhuʻe-Hanamāʻulu Master Plan development, the proposed Vidinha Stadium Complex expansion located adjacent to Hoʻolako Street west of Kauaʻi Veterans Memorial Highway, the planned Līhuʻe Airport master plan improvements located adjacent to the Resort, and the Kauaʻi Veterans Memorial Highway and Rice Street Intersection Improvements, along with general projected growth in the region. Traffic volumes and conditions without the Hōkūala Resort development were also forecast as a baseline from which to identify the incremental effects of the Resort Development. Total trips anticipated to be generated by the Resort Development is 349 trips during the AM peak period and 430 trips during the PM peak period. Based on the 2016 TIR, traffic operations in the vicinity of the Resort Property are generally expected to remain similar to without project conditions (with improvements) despite the addition of site-generated traffic to the surrounding roadways. The development of the Hōkūala Resort would not significantly impact traffic conditions and operations in the vicinity of the Resort Development. In accordance with Condition No. 6 of the Amended SMA Permit, a Memorandum of Agreement (“MOA”) was submitted by the Petitioner and Tower Kauai Lagoons LLC to the State DOT Highways Division on November 20, 2008 which identifies specific proposed roadway improvements and associated funding and construction considerations in association with the Hōkūala Resort development. The MOA includes specific improvements to be designed, permitted, funded, and constructed at the Kauaʻi Veterans Memorial Highway/Rice Street intersection, the Kauaʻi Veterans Memorial Highway/Ninini Point Street/Vidinha Stadium Access Road (Hoʻolako Street) intersection, and the Kauaʻi Veterans Memorial Highway/Haoa Street/Halau Street intersection. Based on initial review comments, the Petitioner and Tower Kauai Lagoons LLC submitted revised versions of the MOA to the DOT Highways Division which addresses the comments. In consideration of the ongoing MOA discussions between the DOT and the Applicant, by letter dated May 18, 2010 in regard to the preliminary Revised Large Lot Subdivision (S-2010-11), the DOT indicated that the Applicant appears to be in accordance with the various land use permits that have been approved for the Hōkūala Resort and expects the Applicant will continue working with the DOT Highways Division to develop the MOA. The Applicant intends to continue to engage in ongoing discussions, as per the draft MOA, with the DOT Highways Division toward seeking resolution and ultimately execution of the MOA. Anticipating the execution of the MOA, and in consultation with the DOT, the Applicant worked on the design phase for the Kauaʻi Veterans Memorial Highway/Rice Street intersection improvements. DOT approval of the conceptual design for the Kauaʻi 23 Veterans Memorial Highway/Rice Street intersection improvements was received on October 22, 2010, and the construction drawings were being reviewed by DOT. DOT approval of the final construction drawings for the Kauaʻi Veterans Memorial Highway/Ninini Point Street/Hoolako Street (Vidinha Stadium Access Road) intersection improvements was received on July 8, 2011. Because of the time involved since the 2011 approval, DOT requested a resubmittal of the plans for the Kauaʻi Veterans Memorial Highway/Ninini Point Street/Ho‘olako Street (Vidinha Stadium Access Road) intersection improvements. Plans were resubmitted to DOT on March 28, 2016 and to DPW on April 21, 2016. DOT approved the plans on October 20, 2016. Construction of the improvements at the Kauaʻi Veterans Memorial Highway/Haoa Street/Halau Street intersection was completed in February 2010 and accepted by the County, and subsequently dedicated to the County by the Applicant. The road improvements were wholly contained within the County’s Haoa Street. The proposed Project’s reassignment of 23 dwelling or hotel units to the currently proposed 19 dwelling units are not expected to generate a significant increase in the number of trips during the peak travel period as these trips are essentially being reassigned from other locations within the Resort Property. These nominal peak hour trips will not result in the need for any additional traffic improvements beyond those to be undertaken by the Petitioner and Tower Kauai Lagoons LLC as set forth by an approved MOA in conjunction with the Resort Development. Other Transportation Modes: To supplement vehicular transportation to and within the Resort Development, a Resort shuttle system will be implemented for its employees and guests which will also include adjacent services and destinations. The guest transportation system will include Airport shuttle service; on-property shuttles to and from the Resort’s sales centers, golf course clubhouse, and food and beverage services; and a lagoon water taxi service. All shuttles will operate on a planned schedule, except for the Airport shuttle which will be on a demand basis. As a condition of SMA approval, a County bus stop with a bench and shelter will be provided by the Petitioner and Tower Kauai Lagoons LLC. It is anticipated that provision of the County bus stop will not be required until additional Hōkūala Resort projects and facilities are developed prompting the necessary demand to warrant its construction. Details of the proposed bus stop and shelter will be resolved with the Planning Department and Department of Public Works at that time prior to future construction plan approval. A circulation system for pedestrians and bicyclists will be provided within the Resort Development. A Roadway and Public Access Plan is included as Figure 9 in Exhibit A. In addition, there are already about 10 miles of improved pathways/trails throughout the Resort Development that are regularly used by the public. An Existing Trails Map is included as Figure 10 in Exhibit A. Existing public shoreline access ways within the Hōkūala Resort will also be maintained, including a shoreline access path near the Ocean Golf Course Hole No. 16, a shoreline access point from the former Inn on the Cliffs restaurant, and beach access off of Kalapakī Circle near the Kauaʻi Marriott Resort and Beach Club. A pedestrian path around the lagoon, east of the second bridge and in the vicinity of the existing commercial complex will also be maintained. A public lateral shoreline access has been developed between the former Inn on the Cliffs and the existing commercial complex. Further discussion of the Resort Development’s public access plan is included in Section VI. F. 7. and Section VII. C. The County’s proposed Nāwiliwili-Ahukini Shared-Use Path improvements within the Resort Development will be 24 coordinated with the DPW Building Division. The Petitioner is committed to maintaining ongoing coordination with the DPW Building Division in working out details of the shared-use path improvements and associated easement locations within the Resort Development as the planning and design phases of the shared-use path project progresses by the County. 5. Electrical and Telecommunications Systems: Electrical service for the Resort Property is available from Kauaʻi Island Utility Cooperative (“KIUC”). The KIUC electrical substation which serves the Līhuʻe area is located north of the Resort Property, with underground transmission and distribution lines serving the Resort Development. The existing telephone service provided by Hawaiian Telcom enters the Resort Property from Rice Street through underground cables. The existing cable television (“CATV”) is provided by Spectrum. The existing system enters the Resort Property from the western portion of the Property and provides service throughout the entire Resort Development. KIUC currently supplies the electrical power that enters from the western portion of the Resort Property. Based on preliminary consultation with KIUC, the existing electrical system is generally adequate, and no problems are anticipated in the provision of electrical supply to service the proposed Project. Service lines to the proposed Project Site were previously installed with the road improvements associated with the Resort Development. No further improvements to the existing electrical infrastructure are anticipated to be needed for the development of the proposed Project. Service for both telephone and CATV will be provided for the proposed Project. Service lines to the proposed Project were previously installed with the road improvements associated with the Resort Development. No further improvements to the telephone or CATV infrastructure are anticipated to be needed for the development of the proposed Project. 6. School Facilities: Public schools servicing the Petition Area include Wilcox Elementary School (Grades K to 6) located approximately 3.25 miles northwest of the Resort Property, King Kaumualiʻi Elementary School (Grades K to 6) located approximately 3.85 miles to the north of the Resort Property, Chiefess Kamakahelei Middle School (Grades 6 to 8) located about 3.25 miles west of the Resort Property, and Kauaʻi High School (Grades 9-12) located approximately 0.45 miles west of the Resort Property. According to the State Department of Education (“DOE”), these schools are currently operating below enrollment capacity. For school year 2019-2020, student enrollment at Wilcox Elementary School was 770 students, 614 students at King Kaumualiʻi Elementary School, 964 students at Chiefess Kamakahelei Middle School, and 1,168 students at Kaua‘i High School. The proposed 42 single-family residential units would not generate a significant demand on student enrollment at the area schools due to the associated marginal increase of residents resulting from the Project. 7. Recreational Facilities: County parks in the region include Nāwiliwili Beach Park, Niumalu Beach Park and Kalapakī Bay Memorial Park located southwest of the Petition Area, and Hanamāʻulu Beach Park located north of the Petition Area. The County also operates Vidinha Memorial Stadium located northwest of the Petition Area which is used 25 as a venue for public sporting events. State recreational facilities in the area include Ahukini Recreation Pier State Park at Ahukini Landing to the north of the Petition Area, and the Nāwiliwili Small Boat Harbor located southwest of the Petition Area. Kalapakī Beach and Running Waters Beach are located south of the Petition Area. Existing public shoreline access ways within the Hōkūala Resort include a shoreline access path near the Ocean Golf Course Hole No. 16, a shoreline access point from the former Inn on the Cliffs restaurant, and a beach access off of the makai end of Kalakapī Circle near the Kauaʻi Marriott Resort and Beach Club. A Roadway and Public Access Plan is included as Figure 9 in Exhibit A. A total of 20 existing public beach access parking stalls are provided within the Resort, including ten (10) stalls at the makai end of Kalapakī Circle and Pali Kai Cottages and ten (10) stalls within the existing commercial complex (former Fashion Landing) area. Existing public vehicular shoreline access within the Kauaʻi Lagoons Resort is provided via Ninini Point Street which connects to the existing public vehicular access within the adjacent Līhuʻe Airport property, and which continues within the 138-acre oceanfront parcel owned by the County. The proposed 42 single-family residential units would not generate a significant demand for recreational facilities due to the associated marginal increase of residents resulting from the Project. The provision of private, on-site recreational amenities within the Resort Development for the Resort’s residents and guests, such as outdoor recreational pool areas and a fitness center, as well as on-site recreational amenities also open to the public, such as an extensive trail system, a fruit orchard and organic vegetable garden, tennis courts, and the golf course, will lessen the Project’s impact on public recreational facilities in the area. In addition, the Subdivision 1 development may include its own pool and recreation/fitness facility. Existing public shoreline access ways will continue to be maintained within the Hōkūala Resort, including the shoreline access near the Ocean Golf Course Hole No. 16, the shoreline access point from the former Inn on the Cliffs restaurant, and the beach access off the makai end of Kalapakī Circle. The existing 20 public beach access parking stalls at the makai end of Kalapakī Circle and Pali Kai Cottages and within the existing commercial complex (former Fashion Landing) area will continue to be provided as part of the Resort Development. A pedestrian path around the lagoon, east of the second bridge along Hoʻolaulea Way and in the vicinity of Fashion Landing will also be maintained. In accordance with Condition No. 9 of the Amended SMA Permit and Condition No. 7 of Zoning Ordinance No. PM-2006-383, the developers of the Resort Development, including the Petitioner, provided public lateral shoreline access between the former Inn on the Cliffs and the existing commercial complex (former Fashion Landing), and public recreational facilities, including public restrooms and shower facilities at the existing commercial complex area (beneath the restaurant); a public recreation/picnic shelter and shower facility near Running Waters Beach, just mauka of the public lateral shoreline access; and a public recreation/picnic shelter, shower and restroom facility farther west and mauka of the public lateral shoreline access. 8. Police and Fire Protection: Police protection service for the proposed Project is provided by the County Police Department’s based out of the Līhuʻe Headquarters located approximately 0.5 mile-northwest of the Petition Area on Kaʻana Street off of Kauaʻi Veterans Memorial Highway. The Petition Area is part of Sectors 4 to 6. 26 Fire protection service for the proposed Project is provided by the County’s Līhuʻe Fire Station located approximately one mile west of the Petition Area on Rice Street. The proposed Project will not adversely impact police and fire protection services. On- site security is provided for the overall Resort Development. The Project will be designed and constructed in compliance with the applicable County fire code requirements. 9. Medical Facilities and Ambulance Service: Emergency medical service is provided by American Medical Response, a private ambulance service contracted by the County to provide ambulance and paramedic services which is located at 3277 Palai Street, approximately 2 miles from the Petition Area. Health care services for residents of the Līhuʻe area are available at the Wilcox Memorial Hospital located at 3420 Kūhiō Highway. The Wilcox Memorial Hospital is operated by Hawaiʻi Pacific Health and is located at the northern end of Līhuʻe, about 2 miles from the Petition Area. It consists of the main clinic and hospital that provides men’s, women’s, and children’s health services, specialty services, elderly care, family support, a long-term care unit, and education and prevention services. The proposed 42 single-family residential units are not anticipated to generate any significant demands on medical assistance. The existing medical facilities and ambulance service will be adequate to serve the needs of the Project. 10. Solid Waste Disposal: The County DPW maintains an island-wide solid waste collection and disposal system. The existing Kekaha Landfill located 1.3 miles northwest of the town of Kekaha on the southwest side of Kauaʻi is the primary disposal site for solid waste on the island. Following a recent lateral expansion, the County estimates the Kekaha Landfill will reach capacity by 2026. Thereafter, the County is proposing to construct and operate a new municipal solid waste landfill on about 270 acres at a site on Maʻalo Road. The closest refuse transfer station to the Petition Area is located at the north end of the Līhuʻe Airport. A construction phase solid waste management plan (“SWMP”) will be developed by the Petitioner for the proposed Project which will include implementation of a trash management and recycling program to minimize impacts to the Kekaha Landfill. Refuse generated by the proposed Project will be collected by a private refuse collection company and transported to the Kekaha Landfill for disposal. The Petitioner will prepare a SWMP for the operations phase activities of the proposed Project which will provide for recycling of cardboard, metal, glass, paper, plastic, and green waste, as well as participation in the State’s “HI-5” program. G. Projected Cost of Development The total cost of the Project is estimated at $500,000.00, including site improvements for Subdivision 1A. Site improvements for Subdivision 1 were undertaken previously with improvements to the existing golf course complex. This estimated cost excludes dwelling construction and lot landscaping which will be undertaken separately by the developer. 27 H. Financial Capability The Petitioner and landowner of the Petition Area is Tower Kauai Lagoons Sub 1, LLC, 2014 Kauai Lagoons Golf, LLC, Tower Kauai Lagoons Land, LLC, and Tower Kauai Lagoons Sub 7, LLC. The unaudited financial statement for Tower Kauai Lagoons Sub 1, LLC, 2014 Kauai Lagoons Golf, LLC, Tower Kauai Lagoons Land, LLC, and Tower Kauai Lagoons Sub 7, LLC for 2020 is included in Exhibit N. I. When Applicable, Any Unique Planning or Development Feature; Long-Range Plans for Adjacent Areas or Community Development; Changing Characteristics of Community or Area in Question The County’s 2015 Līhuʻe Community Plan (“LCP”) translates community input into policies and plans that shape the future of the Līhuʻe District. It identifies priority locations and principles for housing, economic development, visitor industry activities, and resource protection. The LCP is intended to provide the Līhuʻe area with organized and more detailed criteria and standards to implement the objectives of the County General Plan. Land use designations of the Petition Area within the LCP include Resort and Open. The proposed Project is consistent with the LCP’s policies for the Nāwiliwili-Niumalu- Kalapakī area, specifically the following: Nāwiliwili and the associated neighborhoods of Niumalu and Kalapakī should be an attractive, walkable place, with good connectivity and transit options to and from Līhuʻe…Development should not be greatly intensified, but improvements should enhance Nāwiliwili as a draw. Hōkūala Resort features a robust network of roadways and public access trails that provide good connectivity to various areas throughout the resort and beyond including to areas along the coast and to surrounding uses in Nāwiliwili. The proposed reassignment of density to the Project is a modest increase over the currently proposed development density for Subdivisions 1 and 1A and would ultimately be offset by a more substantial and concurrent decrease in density on Lot 10C. Overall, there are no proposed changes to the existing 772 dwelling or hotel unit density cap for the Resort Development and the proposed Project improvements would ensure Hōkūala Resort remains a one-of-a-kind resort/residential community. The goals, objectives and policies that provide overall guidance to the implementation of the LCP and with which the proposed Project is consistent are as follows: Economic Development  The following policies pertain to the economy in the Līhuʻe District: o Support visitor accommodations and attractions that are consistent with the character of the individual communities and with the rural agricultural quality and sustainable vision for the island. Hōkūala Resort not only provides world-class visitor accommodations, but it also provides market-rate residences and amenities that incorporate the natural, open character of Līhuʻe, and more specifically Nāwiliwili, into an elegant design aesthetic. The proposed Project improvements would contribute to the range and quality of housing types available at Hōkūala Resort and the overall experience for guests and 28 residents while allowing Hōkūala Resort to continue operating as an economically sustainable resort destination. The Project will both preserve and enhance direct and indirect employment opportunities through construction and maintenance of the Project, and will also offer immediate and long-term economic benefits associated resident expenditures that would support the Līhuʻe community, the island of Kauaʻi, and the State of Hawai‘i. The improvements will also serve to promote an optimal balance of economic, social, and cultural vitality at Hōkūala Resort while maintaining the rural and scenic character of the coastline for the enjoyment of the guests, residents, and community at large. SECTION VII: EFFECTS UPON RESOURCES OF THE AREA A. ENVIRONMENTAL AND ECOLOGICAL RESOURCES 1. Flora The Project Site is located within a remnant area of the Hōkūala Resort’s existing 18-hole golf course complex. Existing vegetation at the Project Site and within the vicinity consists of common ruderal species and landscaping associated with golf course use. Based on a botanical survey conducted by Rana Productions, Ltd. in October 2005 which encompassed most of the Resort Property, the Hōkūala Resort’s golf course is dominated by alien turf grasses and various ornamental landscape plants, including numerous fig trees (Ficus sp.), silk oak (Grevillea robusta), ironwood (Casuarina equisetifolia), African tulip (Spathodea campanulata), coconut (Cocos nucifera), monkey pod (Samanea saman), hau (Hibiscus tiliaceus) Royal poinciana (Delonix regia), Manila palm (Veitchia merrillii), sago palm (Cycas sp.), plumeria (Plumeria sp.), bouganvillea (Bouganvillea sp.), and various ornamental palms. There is very little ground cover other than turf grass, although the more common ruderal weedy species are present between some of the paved cart paths and the vegetation separating the golf course from the resort areas. As the Project Site does not contain a unique botanical habitat, no significant impacts on flora are anticipated from the construction and development of the proposed Project. The vegetation present within the Petition Area is dominated by alien plant species which are currently being maintained as either golf course or resort landscaping. No habitat of a proposed or listed, threatened, or endangered plant species will be disturbed as a result of the proposed Project. Upon construction of the proposed Project, any disturbed areas will be re- vegetated with new landscaping. The lot landscaping will be undertaken separately by the developer in accordance with established design guidelines. 2. Fauna The modification of habitat within the Petition Area poses potential direct impacts to five (5) listed avian species, Hawaiian Goose, Hawaiian Duck, Common Moorhen, Hawaiian Coot, and Hawaiian Stilt. All five (5) species are opportunistic, and although listed as endangered, are relatively widespread within the lowland areas of the island that support wetlands, or man-made water features such as ponds, wastewater ponds, and irrigation canals. The principal threats posed to these species by the modification of the habitat present within 29 the Petition Area are the inadvertent destruction of nests, eggs or chicks during construction activities and the temporary disturbance of non-nesting birds as a result of construction activity. It is likely that the construction activity associated with the implementation of the Project will temporarily disturb avian species, including the five (5) endangered species known from within the Resort Property. A Habitat Conservation Plan (HCP) (February 2012) was established with USFWS and DLNR DOFAW in accordance with Section 10 of the Endangered Species Act, as amended, and §195-D, HRS, which governs the development operations, ongoing golf operations and construction activity in protection of threatened or endangered species and their habitat. This HCP, and the incidental take authorizations which it supports, covers the following threatened or endangered waterbird and pelagic seabird species found throughout the Hōkūala Resort: nene (Branta sandvicensis), Hawaiian stilt (Himantopus mexicanus knudseni), Hawaiian coot (Fulica alai), Hawaiian moorhen (Gallinula chloropus sandvicensis), Hawaiian duck (Anas wyvilliana), Hawaiian Petrel (Pterodroma sandwichensis), Newell’s shearwater (Puffinus auricularis newelli), and Band-rumped storm-petrel (Oceanodroma castro). Pursuant to the established HCP, no significant impacts on fauna within the Project Site are anticipated from the construction and operation of the proposed Project. The proposed Project poses a potential secondary threat to two (2) listed pelagic seabird species, Hawaiian Petrel (Pterodroma sandwichensis) and Newell’s Shearwater (Puffinus auricularis newelli), both of which regularly over-fly the Petition Area between April and the end of November each year. Both species are at risk of being downed by interactions with unshielded lighting and collisions with man-made structures when disoriented by lights. To reduce the potential for interactions between nocturnally flying Hawaiian Petrels and Newell’s Shearwaters with external lights and man-made structures, any external lighting planned for the Project will be shielded or of the cut-off luminaire or indirect lighting types, and/or directed downward. The use of spotlights aimed upward or spotlighting of structures and landscaping within the Petition Area will be prohibited. In addition, nighttime construction activities will not be undertaken in conjunction with the development of the proposed Project. 3. Coastal Waters The coastal waters in the vicinity offshore of the Property are classified as Class A waters by the State DOH. The objective of this class is that “their use for recreational purposes and aesthetic enjoyment be protected. These waters shall not act as receiving waters for any discharge which has not received the best degree of treatment or control compatible with the criteria established for this class.” (Water Quality Standards, Title 11, Chapter 54, Hawaii Administrative Rules). No significant impacts on near shore coastal waters are anticipated as a result of the construction and development of the proposed Project. Potential water quality impacts to near shore coastal waters during construction of the Project will be mitigated by adherence to State and County water quality regulations governing grading, excavation and stockpiling. A NPDES General Permit for Storm Water Associated with Construction Activity administered by the State 30 DOH will be required to control storm water discharges. The County’s grading ordinance includes provisions related to reducing and minimizing the discharge of pollutants associated with soil disturbing activities in grading, grubbing and stockpiling. Mitigation measures will be instituted following site-specific assessments, incorporating appropriate structural and/or non-structural BMPs such as minimizing time of exposure between construction and re-vegetation, and implementing erosion control measures such as silt fences, graveled construction entrances, and sediment basins. Development of the proposed Project will result in an increase in storm runoff since portions of undeveloped land be replaced with non-permeable surfaces. The Project’s drainage system will be designed to accommodate the increased storm runoff without increasing off-site impacts and will comply with the County’s Drainage Standards. Cumulatively, as the proposed developments within the Hōkūala Resort occur, the rate and quantity of runoff will change as a result of the proposed alterations to the natural topography and existing facilities within the area of development. Development of the overall Hōkūala Resort improvements will result in an estimated increase of approximately 125 cubic feet per second (“cfs”) of runoff and an increase in runoff volume of 29.336 acre-feet. To accommodate the projected increase in runoff volume, a total of seven (7) detention basins will be provided throughout the Resort Development which will account for 3.77 acre- feet of the increase in runoff volume with 24.920 acre-feet diverted into the existing lagoons. The excess runoff proposed to be diverted into the lagoons is estimated to raise the water level of the lagoons by 8.9 inches. The maximum allowable increase in water level height of the lagoons is 24 inches, which is sufficient to accommodate the estimated 8.9-inch rise in water level. With the addition of the proposed detention basins and use of the existing lagoons, the flow rates and drainage patterns will be kept to pre-development conditions, and the runoff generated by the Resort Development will not adversely affect the adjacent properties and down-gradient areas. B. AGRICULTURAL RESOURCES Prior to the mid-1980s and development of the existing golf courses, the lands within the Petition Area were owned by Līhuʻe Plantation Company and used for sugar cane cultivation. The Petition Area is currently developed with golf course use and no agricultural activities presently occur. Given the existing golf course use and proposed single-family residential development within the Petition Area, it is highly unlikely that the lands will revert to agricultural use. C. RECREATIONAL RESOURCES County parks in the region include Nāwiliwili Beach Park, Niumalu Beach Park and Kalapakī Bay Memorial Park located southwest of the Petition Area, and Hanamāʻulu Beach Park located north of the Petition Area. The County also operates Vidinha Memorial Stadium located northwest of the Petition Area which is used as a venue for public sporting events. State recreational facilities in the area include Ahukini Recreation Pier State Park at Ahukini Landing to the north of the Petition Area, and the 31 Nāwiliwili Small Boat Harbor located southwest of the Petition Area. Kalapakī Beach and Running Waters Beach are located south of the Petition Area. Existing public shoreline access ways within the Hōkūala Resort include a shoreline access path near the Ocean Golf Course Hole No. 16, a shoreline access point from the former Inn on the Cliffs restaurant, and a beach access off of the makai end of Kalakapī Circle near the Kauaʻi Marriott Resort and Beach Club. A Roadway and Public Access Plan is included as Figure 9 in Exhibit A. A total of 20 existing public beach access parking stalls are provided within the Resort, including ten (10) stalls at the makai end of Kalapakī Circle and Pali Kai Cottages and ten (10) stalls within the existing commercial complex (former Fashion Landing) area. Existing public vehicular shoreline access within the Kauaʻi Lagoons Resort is provided via Ninini Point Street which connects to the existing public vehicular access within the adjacent Līhuʻe Airport property, and which continues within the 138-acre oceanfront parcel owned by the County. The proposed 42 single-family residential units would not generate a significant demand for recreational facilities due to the associated marginal increase of residents resulting from the Project. The provision of private, on-site recreational amenities within the Resort Development for the Resort’s residents and guests, such as outdoor recreational pool areas and a fitness center, as well as on-site recreational amenities also open to the public, such as an extensive trail system, a fruit orchard and organic vegetable garden, tennis courts, and the golf course, will lessen the Project’s impact on public recreational facilities in the area. In addition, the Subdivision 1 development may include its own pool and recreation/fitness facility. Existing public shoreline access ways will continue to be maintained within the Hōkūala Resort, including the shoreline access near the Ocean Golf Course Hole No. 16, the shoreline access point from the former Inn on the Cliffs restaurant, and the beach access off of the makai end of Kalapakī Circle. The existing 20 public beach access parking stalls at the makai end of Kalapakī Circle and Pali Kai Cottages and within the existing commercial complex (former Fashion Landing) area will continue to be provided as part of the Resort Development. A pedestrian path around the lagoon, east of the second bridge along Hoʻolaulea Way and in the vicinity of Fashion Landing will also be maintained. In accordance with Condition No. 9 of the Amended SMA Permit and Condition No. 7 of Zoning Ordinance No. PM-2006-383, the developers of the Resort Development, including the Petitioner, provided public lateral shoreline access between the former Inn on the Cliffs and the existing commercial complex (former Fashion Landing), and public recreational facilities, including public restrooms and shower facilities at the existing commercial complex area (beneath the restaurant); a public recreation/picnic shelter and shower facility near Running Waters Beach, just mauka of the public lateral shoreline access; and a public recreation/picnic shelter, shower and restroom facility further west and mauka of the public lateral shoreline access. D. HISTORICAL AND ARCHAEOLOGICAL RESOURCES The Project Site was previously under golf course use. An archaeological reconnaissance survey in February 1980 was conducted on portions of the Resort Property by Archaeological Research Center Hawaiʻi, Inc. The TMKs surveyed included (4) 3-5-01: 82, 83, 119 and portions 27, 115-118 and 120. The report noted that the area had been previously impacted by sugar cane cultivation and cattle grazing and no 32 archaeological or historic sites were found. The report recommended archaeological clearance with no further investigation (Letter Report: Archaeological Reconnaissance of Ninini Point Area, February 27, 1980). No significant impacts on archaeological/historic resources within the Petition Area are anticipated from the construction and development of the proposed Project as the site has been significantly disturbed through its previous use for sugar cane cultivation and its prior use as a golf course. The State DLNR Historic Preservation Division (“SHPD”), in a letter dated July 17, 2009 in conjunction with the Resort Development, a copy which is included in Exhibit O, has determined that “no historic properties will be affected” by the proposed Project since the subject area has been previously assessed in a prior archaeological inventory. In the event that any archaeological sites, significant cultural deposits, or human skeletal remains are found during construction activities of the proposed Project, all work will immediately cease pending consultation with the SHPD. The treatment of any remains or artifacts will be in accordance with procedures obtained by the Kauaʻi/Niʻihau Islands Burial Council and the SHPD. A Cultural Impact Evaluation was undertaken for the Resort Property by Cultural Surveys Hawaiʻi in October 2005, a summary of which is provided below. By the end of the 18th century, population in the Kalapakī Ahupuaʻa likely focused along the floodplains of valley lands and along the shoreline. In the valley lands, streams fed taro loʻi, while along the shore, fishponds supported the coastal population. Plateau areas of Kalapakī like the Resort Property may have been utilized for planting of dryland crops and gathering of timber and medicinal plants. As confirmed by historical records and archaeological investigation, sugarcane cultivation and development of plantation infrastructure was the dominant land use within the Resort Property and surrounding lands throughout the first half of the 20th century. The decades of sugar cultivation in the area would have eliminated any surface properties related to traditional Hawaiian culture that may have formerly existed. Further, plantation operations would have discouraged access by cultural practitioners who may have formerly used the area. During the second half of the 20th century, resort development would have further eliminated any remnants of the former traditional landscape and further discouraged access. None of the community contacts queried for this evaluation identified any cultural sites or concerns specifically within the Resort Property. Ms. Cheryl Lovell-Obatake noted that portions of the Resort Property are still accessed by community members “because the area is the last remnant of open space with no buildings.” These portions of the Resort Property may be the more makai lands along the coast, outside the present Petition Area. Ms. Lovell-Obatake also noted that she has never heard of any burials in the Resort Property. Based on the above findings, development of the proposed Project will have no impact on any known traditional or customary practices of native Hawaiians for the following reasons: 33 1. There are no known traditional or customary practices of native Hawaiians that are presently occurring within the Petition Area. 2. There are no special gathering practices taking place within any portion of the Petition Area. 3. The Project will not detrimentally affect: access to any streams; access to the shoreline or other adjacent shoreline areas; or gathering along any streams, the shoreline or in the ocean. 4. There are no known religious practices taking place within the Petition Area. 5. There are no known pre-contact cultural or historic sites or resources located within the Petition Area. 6. There are no known burials within the Petition Area. It should be noted, however, that subsurface properties associated with former traditional Hawaiian activities in the Petition Area, such as artifacts and cultural layers, have the potential to occur despite the decades of sugar cultivation and resort development. As a precautionary measure, personnel involved in future development of the Petition Area will be informed of the possibility of inadvertent cultural finds and made aware of the appropriate notification measures to follow, including consultation with the SHPD and, as may be appropriate, with Kauaʻi community cultural organizations. E. SCENIC RESOURCES Due to its inland location within the Resort Property, the Project will not be visible from public vantage points outside of the Hōkūala Resort. The Project will not be visible from the nearest major public roadways of Kauaʻi Veterans Memorial Highway and Rice Street due to the distance from those roadways. Views of the Project from coastal areas will also be non-existent due to its location well inland (mauka) from the coastline. Within the Hōkūala Resort, development of the proposed Project will minimally alter the visual landscape from its relatively open state to one of urban use. However, as the proposed Project will be part of the overall Resort Development, the change in views will be of a similar nature to the existing use. Views of the proposed Project from coastal areas will be non-existent due to the inland location of the Petition Area. The proposed subdivision nearest to the coastline is Subdivision 1 which is located approximately 1,400 feet inland (mauka) from the nearest shoreline. The Heritage Resources Map for the Līhuʻe Planning District in the County’s General Plan designates the portion of Kauaʻi Veterans Memorial Highway fronting the Resort Property as a Scenic Roadway Corridor. The proposed Project will not be visible from Kauaʻi Veterans Memorial Highway due to its inland location and distance from that roadway. The proposed Subdivision 1A site, which is the nearest subdivision to Kauaʻi Veterans Memorial Highway, is located approximately 0.9-mile inland and southeast from the roadway at its closest point. Any visual impacts from public vantage points will be mitigated by developing the proposed Project in accordance with the applicable development standards of the County’s CZO relative to building height and envelopes, setbacks, etc. The development will also minimize the intrusion of buildings on the visual environment through architectural design criteria and landscaping deemed appropriate for the surrounding Resort development. 34 F. NOISE AND AIR QUALITY Noise: Ambient noise in the vicinity of the Petition Area is predominantly attributed to aircraft operations at Līhuʻe Airport, and to a lesser extent, vehicular traffic along the major roadways. Aircraft noise sources in the vicinity of the Petition Area are associated with fixed and rotary wing aircraft operations at Līhuʻe Airport. Hawaiian Airlines, Alaska Airlines, United Airlines, and other major air carriers primarily operate carrier flights, and additional flights are conducted by commuter general aviation, air taxi, tour helicopter, business jet, and military aircrafts. In 1989, the State Department of Transportation, Airports Division (“DOT-A”) completed a Noise Compatibility Program for Līhuʻe Airport in compliance with the guidelines contained in the Federal Aviation Regulations (“FAR”) Part 150 Noise Compatibility Planning Program for airports. This program establishes a single system for measuring airport noise, a standardized procedure for determining the exposure of individuals to noise, and a formal airport noise compatibility planning process. For aircraft noise, the DOT-A has recommended that 60 DNL (“Day-Night Level average noise contour”) be used as the common level for determining land use compatibility with respect to noise sensitive uses near its airports. Low-density residential, resorts and hotels (outdoor facilities) are recommended for land use compatibility within 60 DNL or less. Based on the official Calendar Year 1991 noise contours established by the FAR Part 150 study, the proposed Project is planned to be within the 55 to 65 DNL noise contours. Condition No. 9 of Zoning Ordinance No. PM-2009-394 provides in part that: No residential, condominium, or hotel units shall be constructed within areas greater than the 60 DNL noise contour of the Lihue Airport; provided, however, that such uses may be permitted within the 60 to 65 DNL noise contours, if there is an accompanying mitigation of interior noise to the 45 DNL noise level. The Petitioner intends to comply fully with this condition. The Project’s design guidelines will be specific in referencing this requirement for interior noise mitigation as needed. For all residential development located between the 60 to 65 DNL noise contours, design guidelines will be established which would set forth the various door, window and exterior building envelope treatment measures to be followed in the construction of the units to achieve an interior noise level of 45 DNL. In accordance with Condition No. 14 of Zoning Ordinance No. PM-2009-394, the Petitioner, Tower Kauai Lagoons Sub 1, LLC, Tower Kauai Lagoons Land, LLC, 2014 Kauai Lagoons Golf, LLC, and Tower Kauai Lagoons Sub 7, LLC, owners and developers of the Resort Development, have granted to the State DOT-A a Grant of Avigation and Noise Easement dated October 14, 2008 and recorded in the State Bureau of Conveyances as Document No. 2008-162922 pertaining to the operations of the adjacent Līhuʻe Airport. The Grant of Avigation and Noise Easement sets forth covenants and restrictions with regard to the potential adverse impacts on the Resort Property from noise, fumes, smoke, vibrations, and other substances and phenomena resulting from aircraft operations at the Līhuʻe Airport. 35 Potential noise impacts during construction of the Project will be mitigated by complying with the provisions of the State DOH Administrative Rules, Title 11, Chapter 46, “Community Noise Control” regulations which require a noise permit if the noise levels from construction activities are expected to exceed the allowable noise levels stated in the Rules. It shall be the contractor(s)’ responsibility to minimize noise by properly maintaining noise mufflers and other noise-attenuating equipment, and to maintain noise levels within regulatory limits. In the vicinity of the Resort Property, ambient noise levels associated with increases in vehicular traffic generated by the proposed Project will not adversely impact nearby uses due to the nominal increase in vehicular traffic generated by the Project and the relatively self-contained nature and design of the Resort Development. Air Quality: Air quality within the Petition Area is generally considered to be good due to sparse development and the absence of point-source pollutant generators in the vicinity. Increases in exhaust emissions from construction related activity for the proposed project are anticipated to have negligible impacts on air quality in the project vicinity as the emissions would be relatively small and readily dissipated. Near the Petition Area, air quality may be affected by aircraft operations from the Līhuʻe Airport. Vehicular-related emissions in the form of carbon monoxide (CO) are also generated from traffic along the nearby roadways. It is likely that elevated concentrations of vehicle emissions are confined to areas near the Kauaʻi Veterans Memorial Highway/Rice Street intersection during periods of traffic back up when dispersion conditions are poor. However, this intersection is located about a mile from the Petition Area and at that distance, emissions are likely to dissipate with the prevailing trade winds. Potential air quality impacts during construction of the Project will be mitigated by complying with the State DOH Administrative Rules, Title 11, Chapter 60, Air Pollution. The construction contractor(s) is responsible for complying with the State DOH regulations that prohibit visible dust emissions at property boundaries. Compliance with State regulations will require adequate measures to control airborne dust by methods such as water spraying and sprinkling of loose or exposed soil or ground surface areas and dust-generating equipment during construction. As may be deemed appropriate, stabilization of disturbed areas (e.g., landscaping) early in the construction schedule will also help to control dust. No significant air quality impacts are anticipated from the development of the proposed Project. The ambient air quality levels would be most affected by vehicular emissions in the form of CO generated by Project-related traffic and development, although the elevated concentrations are anticipated to be nominal and dissipate. In accordance with Condition No. 14 of Zoning Ordinance No. PM-2009-394, the Petitioner, Tower Kauai Lagoons Sub 1, LLC, Tower Kauai Lagoons Land, LLC, 2014 Kauai Lagoons Golf, LLC, and Tower Kauai Lagoons Sub 7, LLC,, owners and developers of the Resort Development, have granted to the State DOT-A a Grant of Avigation and Noise Easement dated October 14, 2008 and recorded in the State Bureau of Conveyances as Document No. 2008-162922 pertaining to the operations of the adjacent Līhuʻe Airport. The Grant of Avigation and Noise Easement sets forth covenants and restrictions regarding the potential adverse impacts on the Resort 36 Property from noise, fumes, smoke, vibrations, and other substances and phenomena resulting from aircraft operations at the Līhuʻe Airport. SECTION VIII: REASONS AND JUSTIFICATION FOR THE PROPOSED RECLASSIFICATION A. Need and Demand The proposed reassignment of density stems from recent changes in market conditions, as well as recent cultural shifts to telecommuting and remote working that has been facilitated by technological advancements. Together these changes have affected the overall demand for housing types. The additional dwelling units at Subdivisions 1 and 1A are being afforded by a reduction in dwelling or hotel units from completed developments based on as-built conditions and from existing planned developments that are expected to be developed at a lower density pursuant to the existing density cap of 772 dwelling or hotel units for Hōkūala Resort. By reassigning density within a previously planned development, the Project will serve to protect open space throughout the Resort as units will be allocated to an area already designated for development. Furthermore, the concurrent downzone of Lot 10C will further ensure an appropriate balance of development is maintained for the area. B. Appropriateness of Location and Time of Reclassification Subdivisions 1 and 1A have been approved for development under previous land use entitlements. This Petition is seeking to reassign additional density to the approved development in response to changes in market conditions that have shifted demands in housing type. The proposed reassignment of density allows for the Petitioner to accommodate the 42 dwelling-unit density within the two (2) adjacent subdivisions while also protecting open space throughout the Resort. Concurrent with this action, this Petition is seeking to downzone Lot 10C from Resort (RR-10) to Residential (R-2) thereby substantially decreasing its development potential. The need to reclassify and rezone the Petition Area at this time is essential in ensuring the Resort is developed in conformance with existing permits and approvals, and to support the local economy which is still facing and recovering from the impacts of COVID-19. C. Creation of Employment Short-term employment will consist primarily of construction-related jobs generated by the Project, which are especially crucial as the economy recovers from the impacts of COVID-19. Upon development, long-term employment opportunities will result from skilled workers required to maintain the Project’s common areas. The proposed Project will also confer positive benefits in the local economy in the short- and long-term as discussed in Section VIII. D. D. Economic Benefits In the short term, the Project will bring about positive benefits to the local economy. This would include increased expenditures for construction, construction-related jobs and tax revenue. Direct economic benefits will result from construction expenditures both through the purchase of material from local suppliers and through the employment of 37 local labor, thereby stimulating that sector of the economy. Indirect economic benefits would include benefits to local retail businesses resulting from construction activities. In the long-term, the proposed Project will accommodate new single-family residential homes, which will result in increases in State general excise tax revenue and in County property tax revenues. The proposed Project will also offer long-term benefits to local businesses through expenditures made by residents. E. Analysis of Secondary Impacts of Proposed Use on Surrounding Uses The proposed Project is not anticipated to result in substantial secondary impacts on surrounding uses. The secondary impact of the proposed Project on property values of properties in the nearby vicinity is anticipated to be nominal, if any. The Project’s single- family residential lots are well-isolated from the greater Līhuʻe real estate market by existing uses which surround most of the Hōkūala Resort. Such surrounding uses include the Līhuʻe Airport to the north and east, the existing Kauaʻi Marriott Resort and Beach Club to the south, and the Līhuʻe Industrial Park, Phase I to the west. These uses serve as market blockades in the transmission of property value impacts to off-site locations. Also, the distance of the Project improvements to the nearest highway would effectively sever any proximal impacts upon off-site area uses. Furthermore, the uses outside of the Hōkūala Resort, particularly the residential units in the Līhuʻe area, are not competitive alternatives to the prospective purchasers and users of the Resort. With regard to the Project’s efforts to mitigate any secondary impacts on housing, the developers of the Hōkūala Resort, including the Petitioner, have developed a total of 113 affordable housing units in conjunction with the Resort Development. The provision of these affordable housing units is in accordance with the Amended Agreement (Kauai Lagoons Affordable Housing) (effective February 18, 2005). Eighty-two (82) of these units are multi-family affordable housing rental units located in the Waipouli area. The remaining 31 affordable housing units were developed on an approximately 2.1-acre parcel located at the corner of Kauaʻi Veterans Memorial Highway and Haoa Street within the Hōkūala Resort. Tax revenues from the Project are expected to contribute to State and County revenues. In addition, payment of associated development-related fees (i.e., environmental impact assessment, infrastructure facilities charges, etc.) for the Project will be made. With regard to secondary jobs and employment generated, construction of the proposed Project will contribute to employment opportunities and associated wages to off-site businesses. It is anticipated that this contribution will not create the need for new workers or companies, but it will provide patronage for on-going businesses. It is expected that this patronage will further support local businesses as the economy recovers from the impacts of COVID-19. Following build-out, secondary/supporting off- site employment will occur. The majority of these efforts will be filled by current employees of existing businesses. Upon development, the proposed Project will be compatible with uses in the surrounding Resort areas since it will not generate excessive noise, visual or other environmental secondary impacts. 38 SECTION IX: COMPLIANCE WITH LAND USE DISTRICT REGULATIONS The State Land Use Law, Chapter 205, HRS, is intended to preserve, protect and encourage the development of lands in the State for uses that are best suited to the public health and welfare of Hawaiʻi’s people. The Petition Area is located within the State Urban District as shown in State Land Use District Ordinance No. PM-2009-392 included in Exhibit C. The Urban District generally includes land characterized by “city-like” concentrations of people, structures, and services. The District also includes vacant areas for future development. Jurisdiction of this district lies primarily with the respective counties. Generally, lot sizes and uses permitted in the district area are established by the respective county through ordinances and rules. The proposed use as a single-family residential development is consistent with permissible uses in the Urban District. A discussion of the Project’s compliance with County laws is provided in Section X. SECTION X: COMPLIANCE WITH STATE AND COUNTY LAWS Hawaiʻi State Plan: The subject Petition is consistent with the following applicable goals, objectives and policies of the Hawaiʻi State Plan, Chapter 226, HRS: Section 226-8 Objectives and policies for the economy – visitor industry. (b)(4) Encourage cooperation and coordination between the government and private sectors in developing and maintaining well-designed, adequately serviced visitor industry and related developments which are sensitive to neighboring communities and activities. The low-density character of the proposed single-family residences coupled with the extensive open space of the adjacent golf course areas will create an attractive environment complementary to the remainder of the Resort Development and neighboring uses. Section 226-11 Objectives and policies for the physical environment – land-based, shoreline and marine resources. (b)(6) Encourage the protection of rare or endangered plant and animal species and habitats native to Hawaii. It is likely that the construction activity associated with the implementation of the Project will temporarily disturb avian species, including the five (5) endangered species known to occur within the Resort Property. A Habitat Conservation Plan (HCP) (February 2012) established with USFWS and the State DLNR DOFAW in accordance with Section 10 of the Endangered Species Act, as amended, and §195-D, HRS, which governs the development operations, ongoing golf operations and construction activity in protection of threatened or endangered species and their habitat. This HCP, and the incidental take authorizations which it supports, covers the following threatened or endangered waterbird and pelagic seabird species found throughout the Hōkūala Resort: nene (Branta sandvicensis), Hawaiian stilt (Himantopus mexicanus knudseni), Hawaiian coot (Fulica alai), Hawaiian moorhen (Gallinula chloropus sandvicensis), Hawaiian duck (Anas wyvilliana), Hawaiian Petrel (Pterodroma sandwichensis), Newell’s shearwater (Puffinus auricularis newelli), and Band-rumped storm-petrel (Oceanodroma castro). Pursuant to the established HCP, no significant impacts on fauna within the Project Site are anticipated from the construction and operation of the proposed Project. 39 The proposed Project poses a potential secondary threat to two (2) listed pelagic seabird species, Hawaiian Petrel (Pterodroma sandwichensis) and Newell’s Shearwater (Puffinus auricularis newelli), both of which regularly over-fly the Petition Area between April and the end of November each year. Both species are at risk of being downed by interactions with unshielded lighting and collisions with man-made structures when disoriented by lights. To reduce the potential for interactions between nocturnally flying Hawaiian Petrels and Newell’s Shearwaters with external lights and man-made structures, any external lighting planned for the Project will be shielded or of the cut-off luminaire or indirect lighting types, and/or directed downward. The use of spotlights aimed upward or spotlighting of structures and landscaping within the Petition Area will be prohibited. In addition, nighttime construction activities will not be undertaken in conjunction with the development of the proposed Project. Section 226-12 Objectives and policies for the physical environment – scenic, natural beauty, and historic resources. (b)(1) Promote the preservation of views and vistas to enhance the visual and aesthetic enjoyment of mountains, ocean, scenic landscapes, and other natural features. (b)(5) Encourage the design of developments and activities that complement the natural beauty of the islands. Views of the proposed Project from coastal areas will be non-existent due to the inland location of the Project Site. The proposed subdivision nearest to the coastline is Subdivision 1 which is located approximately 1,400 feet inland (mauka) from the nearest shoreline. Any visual impacts from public vantage points will be mitigated by developing the proposed Project in accordance with the applicable development standards of the County’s CZO relative to building height and envelopes, setbacks, etc. The development will also minimize the intrusion of buildings on the visual environment through architectural design criteria and landscaping deemed appropriate for the surrounding Resort development. Sec. 226-13 Objectives and policies for the physical environment – land, air and water quality. (b)(3) Promote effective measures to achieve desired quality in Hawaii’s surface, ground, and coastal waters. (b)(5) Reduce the threat to life and property from erosion, flooding, tsunamis, hurricanes, earthquakes, volcanic eruptions, and other natural or man-induced hazards and disasters. (b)(7) Encourage urban developments in close proximity to existing services and facilities. The Project’s drainage system will be designed to accommodate the increased storm runoff without increasing off-site impacts and will comply with the County’s Drainage Standards. As part of the overall Resort Development, detention basins will be provided throughout the Resort to accommodate the projected increase in storm runoff volume, with the remaining excess storm runoff to be diverted into the Resort’s lagoons. With the proposed detention basins and use of the existing lagoons, the flow rates and drainage patterns will be kept to pre-development conditions, and the runoff generated by the Resort Development will not adversely affect the adjacent properties and down-gradient area. 40 The Project Site is not located within a flood hazard zone. According to the FIRM prepared by the FEMA, the Petition Area is located within Zone “X”, defined as “Areas determined to be outside the 0.2% annual chance floodplain”. The Petition Area is a logical extension of urbanization in the region since it is located adjacent to urban lands within the Resort Development and is in close proximity to Līhuʻe Town, Līhuʻe Airport, the Nāwiliwili area, and the Kauaʻi Marriott Resort and Beach Club. The Petition Area is also in close proximity to public transportation systems, utilities and services. Hawaiʻi Coastal Zone Management (CZM) Program: The National Coastal Zone Management Program was created through passage of the Coastal Zone Management Act of 1972. Hawaiʻi’s Coastal Zone Management Program, adopted as Chapter 205A, HRS, provides a basis for protecting, restoring and responsibly developing coastal communities and resources. A discussion of the Project’s consistency with the objectives and policies of the Coastal Zone Management Program is provided below. (1) Recreational Resources Objective: Provide coastal recreational opportunities accessible to the public. Policies (A) Improve coordination and funding of coastal recreational planning and management; and (B) Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by: (i) Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas; (ii) Requiring replacement of coastal resources having significant recreational value, including but not limited to surfing sites, fishponds, and sand beaches, when such resources will be unavoidably damaged by development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable; (iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value; (iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation; (v) Ensuring public recreational use of county, state, and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources; (vi) Adopting water quality standards and regulating point and non- point sources of pollution to protect, and where feasible, restore the recreational value of coastal waters. (vii) Developing new shoreline recreational opportunities, where appropriate, such as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; and (viii) Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals 41 or permits by the land use commission, board of land and natural resources, county authorities; and crediting such dedication against the requirements of Section 46-6, HRS. As part of the overall Resort Development, coastal recreational activities will continue to be provided by maintaining public beach access and through the provision of public beach access parking and public recreation/picnic shelters, public restrooms and shower facilities within the Resort Property. Existing public shoreline access ways will be maintained within the Hōkūala Resort, including the shoreline access near the Ocean Golf Course Hole No. 16, the shoreline access point from the former Inn on the Cliffs restaurant, and the beach access off of the makai end of Kalapakī Circle. The existing 20 public beach access parking stalls at the makai end of Kalapakī Circle and Pali Kai Cottages and within the existing commercial complex (former Fashion Landing) area will continue to be provided as part of the Resort Development. In accordance with Condition No. 9 of the Amended SMA Permit and Condition No. 7 of Zoning Ordinance No. PM-2009-394, the developers of the Resort Development, including the Petitioner, have provided public lateral shoreline access between the former Inn on the Cliffs and existing commercial complex (former Fashion Landing), and public recreational facilities, including public restrooms and shower facilities at the existing commercial complex area (beneath the restaurant); a public recreation/picnic shelter and shower facility near Running Waters Beach, just mauka of the public lateral shoreline access; and a public recreation/picnic shelter, shower and restroom facility further west and mauka of the public lateral shoreline access. The Project’s drainage system will be designed to accommodate the increased storm runoff without increasing off-site impacts and will comply with the County’s Drainage Standards. (2) Historic Resources Objective: Protect, preserve and, where desirable, restore those natural and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. Policies: (A) Identify and analyze significant archaeological resources; (B) Maximize information retention through preservation of remains and artifacts or salvage operations; and (C) Support state goals for protection, restoration, interpretation, and display of historic resources. The land comprising the Project Site was used previously for sugarcane cultivation before it was developed into a golf course. Today, after the previous golf course complex was reconfigured, the Project Site consists of remnant land that surrounds the existing 18-hole golf course complex. An archaeological reconnaissance survey in February 1980 was conducted on portions of the Resort Property by Archaeological Research Center Hawaii, Inc. The TMKs surveyed included (4) 3-5-01: 82, 83, 119 and portions 27, 115-118 and 120. The report noted that the area had been previously 42 impacted by sugar cane cultivation and cattle grazing and no archaeological or historic sites were found. The report recommended archaeological clearance with no further investigation (Letter Report: Archaeological Reconnaissance of Ninini Point Area, February 27, 1980). The SHPD, in a letter dated July 17, 2009 in conjunction with the Resort Development, a copy which is included in Exhibit O, has determined that “no historic properties will be affected” by the proposed Project since the subject area has been previously assessed in a prior archaeological inventory. The Project will have no impact on any known traditional or customary practices of native Hawaiians. In the event that any archaeological sites, significant cultural deposits, or human skeletal remains are found during construction activities of the proposed Project, all work will immediately cease pending consultation with the SHPD. The treatment of any remains or artifacts will be in accordance with procedures obtained by the Kauaʻi/Niʻihau Islands Burial Council and the SHPD. (3) Scenic and Open Space Resources Objective: Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. Policies: (A) Identify valued scenic resources in the coastal zone management area; (B) Ensure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline; (C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and (D) Encourage those developments which are not coastal dependent to locate in inland areas. Due to its inland location within the Resort Property, the Project will not be visible from public vantage points. The Project will not be visible from the nearest major public roadways of Kauaʻi Veterans Memorial Highway and Rice Street due to its inland location and distance from those roadways. Views of the Project from coastal areas will also be non-existent due to its location well inland (mauka) from the coastline. Within the Hōkūala Resort, development of the proposed Project will minimally alter the visual landscape from its relatively open state to one of urban use. However, as the proposed Project will be part of the Resort Development, the change in views will be of a similar nature to the existing use. Views of the proposed Project from coastal areas will be non-existent due to the inland location of the Petition Area. The proposed subdivision nearest to the coastline is Subdivision 1 which is located approximately 1,400 feet inland (mauka) from the nearest shoreline. 43 Any visual impacts from public vantage points will be mitigated by developing the proposed Project in accordance with the applicable development standards of the County’s CZO relative to building height and envelopes, setbacks, etc. The development will also minimize the intrusion of buildings on the visual environment through architectural design criteria and landscaping deemed appropriate for the surrounding Resort Development. (4) Coastal Ecosystems Objective: Protect valuable coastal ecosystems, including reefs, from disruption and minimize adverse impacts on all coastal ecosystems. Policies: (A) Exercise an overall conservation ethic, and practice stewardship in the protection, use, and development of marine and coastal resources; (B) Improve the technical basis for natural resource management; (C) Preserve valuable coastal ecosystems, including reefs, of significant biological or economic importance; (D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; and (E) Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and prohibit land and water uses which violate state water quality standards. Potential water quality impacts to near shore coastal waters during construction of the Project will be mitigated by adherence to State and County water quality regulations governing grading, excavation and stockpiling. A NPDES General Permit for Storm Water Associated with Construction Activity administered by the State DOH will be required to control storm water discharges. The County’s grading ordinance includes provisions related to reducing and minimizing the discharge of pollutants associated with soil disturbing activities in grading, grubbing and stockpiling. Mitigation measures will be instituted following site-specific assessments, incorporating appropriate structural and/or non-structural BMPs such as minimizing time of exposure between construction and re- vegetation, and implementing erosion control measures such as silt fences, graveled construction entrances, and sediment basins. The Project’s drainage system will be designed to accommodate the increased storm runoff without increasing off-site impacts and will comply with the County’s Drainage Standards. As part of the overall Resort Development, detention basins will be provided throughout the Resort Property to accommodate the projected increase in storm runoff volume, with the remaining excess storm runoff to be diverted into the Resort’s existing man-made lagoons. With the addition of the proposed detention basins and use of the existing lagoons, the flow rates and drainage patterns will be kept to pre-development conditions, and the runoff generated by the Resort Development will not adversely affect the adjacent properties and down-gradient area. 44 (5) Economic Uses Objective: Provide public or private facilities and improvements important to the State’s economy in suitable locations. Policies: (A) Concentrate coastal dependent development in appropriate areas; (B) Ensure that coastal dependent developments such as harbors and ports, and coastal related development such as visitor facilities and energy generating facilities, are located, designed, and constructed to minimize adverse social, visual, and environmental impacts in the coastal zone management area; and (C) Direct the location and expansion of coastal dependent developments to areas presently designated and used for such developments and permit reasonable long-term growth at such areas, and permit coastal dependent development outside of presently designated areas when: (i) Use of presently designated locations is not feasible; (ii) Adverse environmental effects are minimized; and (iii) The development is important to the State’s economy. The Hōkūala Resort, which the proposed Project will be located within, is a designated resort destination in the County’s General Plan. The proposed Project will be designed to minimize adverse social, visual, and environmental impacts in the coastal area. (6) Coastal Hazards Objectives: Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, subsidence and pollution. Policies (A) Develop and communicate adequate information about storm wave, tsunami, flood, erosion, subsidence, and point and nonpoint source pollution hazards; (B) Control development in areas subject to storm wave, tsunami, flood, erosion, hurricane, wind, subsidence, and point and nonpoint pollution hazards; (C) Ensure that developments comply with requirements of the Federal Flood Insurance Program; (D) Prevent coastal flooding from inland projects; and The Project Site is not located within a flood hazard zone. According to the FIRM prepared by the FEMA, the Petition Area is located within Zone “X”, defined as “Areas determined to be outside the 0.2% annual chance floodplain”. The Project’s drainage system will be designed to accommodate the increased storm runoff without increasing off-site impacts and will comply with the County’s Drainage Standards. 45 (7) Managing Development Objective: Improve the development review process, communication and public participation in the management of coastal resource and hazards. Policies: (A) Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development; (B) Facilitate timely processing of applications for development permits and resolve overlapping of conflicting permit requirements; and (C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life-cycle and in terms understandable to the public to facilitate public participation in the planning and review process. Government agencies, organizations and the general public are being notified of the proposed Project and being given an opportunity to comment on the Project through the land use approvals process. Short- and long-term impacts have been assessed in this Petition. (8) Public Participation Objective: Stimulate public awareness, education, and participation in coastal management. Policies: (A) Maintain a public advisory body to identify coastal management problems and to provide policy advice and assistance to the coastal zone management program; (B) Disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal-related issues, developments, and government activities; and (C) Organize workshops, policy dialogues, and site-specific mediations to respond to coastal issues and conflicts. Government agencies, organizations and the general public are being notified of the proposed Project and being given an opportunity to comment on the Project through the land use approvals and permit process. (9) Beach Protection Objective: Protect beaches for public use and recreation. Policies: (A) Locate new structures inland from the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due to erosion; 46 (B) Prohibit construction of private shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities; (C) Minimize the construction of public shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities; (D) Minimize grading of and damage to coastal dunes; (E) Prohibit private property owners from creating a public nuisance by inducing or cultivating the private property owner’s vegetation in a beach transit corridor; and (F) Prohibit private property owners from creating a public nuisance by allowing the private property owner’s unmaintained vegetation to interfere or encroach upon a beach transit corridor. The proposed Project does not involve the construction of improvements in the shoreline setback or require any shoreline hardening structures. At its closest point, the Project Site is located approximately 1,400 feet inland (mauka) from the nearest shoreline, which is typically described as rocky in this area. (10) Marine Resources Objective: Implement the State’s ocean resources management plan. Policies: (A) Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial; (B) Coordinate the management of marine and coastal resources and activities management to improve effectiveness and efficiency; (C) Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone; (D) Promote research, study, and understanding of ocean and coastal processes, impacts of climate change and sea level rise, marine life, and other ocean resources in order to acquire and inventory information necessary to understand how coastal development activities relate to and impact ocean and coastal resources; and (E) Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources. The proposed Project is not anticipated to have any adverse impact on marine resources. The Project will comply with the State water quality regulations and County grading and erosion control standards and requirements. 47 County of Kauaʻi General Plan (2018): The County’s General Plan establishes priorities for managing growth and community development over a 20-year planning timeframe. The plan guides future action concerning land use and development regulations, urban renewal programs, and expenditures for capital improvements. The Līhuʻe District Land Use Map of the County General Plan designates the Petition Area as Resort and Golf Course as shown in the Existing Kauaʻi General Plan Līhuʻe Land Use Map included as Figure 11 in Exhibit A. The proposed use is in conformance with previous land use entitlements approved for the area, including the General Plan Ordinance No. PM-2006-382 adopted on September 29, 2006 which designates the Petition Area as Resort. A copy of the ordinance is included in Exhibit D. General Plan Policies: The proposed Project is consistent with the following applicable policies to guide growth. These areas include Manage Growth to Preserve Rural Character, Protect Kauaʻi’s Scenic Beauty, Uphold Kauaʻi as a Unique Visitor Destination, Protect Our Watersheds, and Protect Access to Kauaʻi’s Treasured Places. The proposed Project is in consonance with the following objectives and policies of the General Plan: POLICY #1: MANAGE GROWTH TO PRESERVE RURAL CHARACTER Preserve Kauaʻi’s rural character by limiting the supply of developable land to an amount adequate for future needs. Prohibit development not adjacent to towns. Ensure new development occurs inside growth boundaries and is compact and walkable. This Petition seeks to amend the zoning designation of inland areas to allow for the reassignment of density within the existing Resort Development. The proposed Project involves reassigning a density of 23 dwelling or hotel units from existing planned developments at Hōkūala Resort to the currently proposed density of 19 dwelling units at Subdivisions 1 and 1A for a total proposed density of 42 dwelling units. Upon assignment of the additional density to the Project, Subdivision 1 will consist of 24 dwelling units and Subdivision 1A will consist of 18 dwelling units. No dwelling units are being assigned to Lot 10, which is proposed to be downzoned to ensure an appropriate balance of development is maintained in the vicinity of the proposed Project. The additional dwelling units at Subdivisions 1 and 1A are being afforded by a reduction in dwelling or hotel units from completed developments based on as-built conditions and from existing planned developments that are expected to be developed at a lower density pursuant to the approved density cap of 772 dwelling or hotel units for Hōkūala Resort. By reassigning density within a previously planned development, the Project will serve to protect open space throughout the Resort as units will be allocated to an area already designated for development. The Petition Area is located within the Visitor Destination Area, an area designated for growth and use by visitors to Kauaʻi. Hōkūala Resort provides world-class visitor accommodations, as well as market-rate residences and amenities that incorporate the natural, open character of the surrounding communities. The development will seek to minimize the intrusion of buildings on the visual environment through design deemed appropriate for the surrounding Resort Development and in consonance with the rural character of Kauaʻi. 48 POLICY #8: PROTECT KAUAʻI’S SCENIC BEAUTY Protect the island’s natural beauty by preserving the open space and views between towns. Due to its inland location within the Resort Property, the Project will not be visible from public vantage points. The Project will not be visible from the nearest major public roadways of Kauaʻi Veterans Memorial Highway and Rice Street due to its inland location and distance from those roadways. Views of the Project from coastal areas will also be non-existent due to its location well inland (mauka) from the coastline. Within the Hōkūala Resort, development of the proposed Project will minimally alter the visual landscape from its relatively open state to one of urban use. However, as the proposed Project will be part of the Resort Development, the change in views will be of a similar nature of the existing use. Views of the proposed Project from coastal areas will be non-existent due to the inland location of the Project Site. The proposed subdivision nearest to the coastline is Subdivision 1 which is located approximately 1,400 feet inland (mauka) from the nearest shoreline. Any visual impacts from public vantage points will be mitigated by developing the proposed Project in accordance with the applicable development standards of the County’s CZO relative to building height and envelopes, setbacks, etc. The development will also minimize the intrusion of buildings on the visual environment through architectural design criteria and landscaping deemed appropriate for the surrounding Resort development. POLICY #9: UPHOLD KAUAʻI AS A UNIQUE VISITOR DESTINATION Protect the identity of Kauaʻi’s visitor industry by focusing on revitalization and limiting new resort growth only to existing Visitor Destination Areas. Reduce visitors’ impacts on infrastructure and communities. This Petition seeks to amend the zoning designation of inland areas within the existing Visitor Destination Area to allow for the reassignment of density within the existing Resort Development. By reassigning density within a previously planned development, the Project will serve to protect open space throughout the Resort as units will be allocated to an area already designated for development for resort and other compatible uses. The Petition Area is located within the Visitor Destination Area, an area designated for growth and use by visitors to Kauaʻi. Hōkūala Resort provides world-class visitor accommodations, as well as market-rate residences and amenities that incorporate the natural, open character of the surrounding communities. By providing a unique and wide range of amenities within the Resort Development, the Hōkūala Resort aims to reduce visitors’ impacts on infrastructure and communities. POLICY #12: PROTECT OUR WATERSHEDS Act with the understanding that forests, biodiversity, and water resources are fragile and interconnected. Restore and protect our watershed from mauka to makai. 49 Potential water quality impacts to near shore coastal waters during construction of the Project will be mitigated by adherence to State and County water quality regulations governing grading, excavation and stockpiling. A NPDES General Permit for Storm Water Associated with Construction Activity administered by the State DOH will be required to control storm water discharges. The County’s grading ordinance includes provisions related to reducing and minimizing the discharge of pollutants associated with soil disturbing activities in grading, grubbing and stockpiling. Mitigation measures will be instituted following site-specific assessments, incorporating appropriate structural and/or non-structural BMPs such as minimizing time of exposure between construction and re- vegetation, and implementing erosion control measures such as silt fences, graveled construction entrances, and sediment basins. Development of the proposed Project will result in an increase in storm runoff since portions of the existing golf course areas within the Project Site will be replaced with non-permeable surfaces. The Project’s drainage system will be designed to accommodate the increased storm runoff without increasing off-site impacts and will comply with the County’s Drainage Standards. Cumulatively, as the proposed developments within the Hōkūala Resort occur, the rate and quantity of runoff will change as a result of the proposed alterations to the natural topography and existing facilities within the area of development. Development of the overall Hōkūala Resort improvements will result in an estimated increase of approximately 125 cubic feet per second (“cfs”) of runoff and an increase in runoff volume of 29.336 acre-feet. To accommodate the projected increase in runoff volume, a total of seven (7) detention basins will be provided throughout the Resort Development which will account for 3.77 acre-feet of the increase in runoff volume with 24.920 acre- feet diverted into the existing lagoons. The excess runoff proposed to be diverted into the lagoons is estimated to raise the water level of the lagoons by 8.9 inches. The maximum allowable increase in water level height of the lagoons is 24 inches, which is sufficient to accommodate the estimated 8.9-inch rise in water level. With the addition of the proposed detention basins and use of the existing lagoons, the flow rates and drainage patterns will be kept to pre-development conditions, and the runoff generated by the Resort Development will not adversely affect the adjacent properties and down- gradient areas. POLICY #16: PROTECT ACCESS TO KAUAʻI’S TREASURED PLACES Protect access to and customary use of shoreline areas, trails, and places for religious and cultural observances, fishing, gathering, hunting, and recreational activities, such as hiking and surfing. Hōkūala Resort features a robust network of roadways and public access hike and bike trails that provide good connectivity to various areas throughout the resort and beyond including to areas along the coast and to surrounding uses in Nāwiliwili. Existing public shoreline access ways within the Hōkūala Resort include a shoreline access path near the Ocean Golf Course Hole No. 16, a shoreline access point from the former Inn on the Cliffs restaurant, and a beach access off of the makai end of Kalakapī Circle near the Kauaʻi Marriott Resort and Beach Club. A Roadway and Public Access Plan is included as Figure 9 in Exhibit A. A total of 20 existing public beach access parking stalls are provided within the Resort, including ten (10) stalls at the makai end of Kalapakī Circle and Pali Kai Cottages and ten (10) stalls within the existing commercial complex (former 50 Fashion Landing) area. Existing public vehicular shoreline access within the Kauaʻi Lagoons Resort is provided via Ninini Point Street which connects to the existing public vehicular access within the adjacent Līhuʻe Airport property, and which continues within the 138-acre oceanfront parcel owned by the County. County of Kauai Comprehensive Zoning Ordinance: The County’s CZO sets forth standards for land development and construction of buildings and other structures in the County. The CZO establishes land use districts and delineates the respective types of permitted uses and the development that can occur in those districts. The zoning designation for the Project Site is Residential District (R-2) while the zoning designation for Lot 10C is Resort District (RR-10) as shown in the Existing County Zoning Map included as Figure 3 in Exhibit A. A zoning amendment from the Resort Residential District (R-2) to the Residential District (R-4) totaling 14.2 acres will be required to accommodate the two (2) proposed single-family residential subdivisions consisting of 42 single-family residential units as shown in the Proposed Zoning Changes Map included as Figure 3a in Exhibit A. The lots will be developed in accordance with the development standards contained in the CZO. County of Kauai Special Management Area: The Petition Area is located outside of the County’s SMA boundary established pursuant to the Hawaiʻi Coastal Zone Management Law, Chapter 205A, HRS as shown in the County Special Management Area Map included as Figure 4 in Exhibit A. County of Kauaʻi Shoreline Setback and Coastal Protection (Ordinance No. 863): A determination of non-applicability from the provisions of Section 8-27 of the County’s CZO relating to shoreline setback was requested by the Petitioner from the County Planning Department based on the distance and elevations of the proposed Project improvements in relation to the nearest shoreline and the findings of a Coastal Erosion and Hazard Assessment for the Kauai Lagoons prepared by Sea Engineering, Inc. on March 26, 2008. Accordingly, a waiver from the certified shoreline survey requirement under the provisions of the County’s Special Management Area Rules and Regulations (As Amended) was previously approved by the County Planning Department by the Petitioner. The current shoreline survey for the Hōkūala Resort was certified by the Chairperson of the State Board of Land and Natural Resources on November 17, 2007. The determination of non-applicability from Section 8-27 of the CZO and the waiver from the certified shoreline survey requirement were requested since the proposed Subdivision 1 within the Petition Area which is nearest to the coastline is situated at a distance of approximately 1,400 feet mauka (inland) of the nearest existing shoreline, and at an elevation ranging from approximately 90 feet to 117 feet above msl as depicted on the Shoreline Setback Site Plan included in Exhibit P. Based on the foregoing, the County Planning Department, by letters dated May 11, 2009 and June 2, 2009, issued a determination that the provisions of Section 8-27 of the CZO are not applicable to the subject Project and that a certified shoreline survey is not required. Copies of the letters are included in Exhibit P. Visitor Destination Area: Visitor Destination Areas (VDA) establish a land use pattern intended to provide for the full range of land uses necessary to support visitor activities, including, hotels, multi-family units other than times share units, commercial, golf courses, and single-family resort dwellings, among other uses. The primary use of the EXHIBIT A Figure 1 – Location Map Figure 2 – Tax Map Keys: (4) 3-5-001: 027 (por.), 168 (por.), and 177; (4) 3-5-004: 100-109 Figure 3 – Existing County Zoning Map Figure 3a – Proposed Zoning Changes Map Figure 3b – Proposed Zoning Map Figure 4 – County Special Management Area Map Figure 5 – Vicinity Map Figure 6 – Flood Zone Map Figure 7 – Soils Map Figure 8 – Hōkūala Resort Master Site Plan Figure 9 – Roadway and Public Access Plan Figure 10 – Existing Trails Map Figure 11 – Existing Kauaʻi General Plan Līhuʻe Land Use Map FIGURE 1 LOCATION MAP HOKUALA RESORT - SUBDIVISION 1 AND 1A 0 2,000 4,0001,000 Feet . HOKUALA RESORTPROPERTY SUBDIVISION 1A SUBDIVISION 1 PROJECT VICINITY LOT 10C PETITION AREAPETITION AREA AHUKINI RDKAPULE HWYRICE ST LALA RDUNAHE STW A A P A R DHOOLAKO STNAWILIWILI RD KAANA STK A P A I A R D MOKOI ST NIUMALU RDKAPENA STKAHUMOKU RDOHI OHI STAUKELE STKAWILI ST HOOHUKI ST MOKULELE LOOPPUAOLE ST HOOLIMALIMA PLLUINA STKANOA STFIGURE 4 COUNTY SPECIAL MANAGEMENT AREA MAP HOKUALA RESORT - SUBDIVISION 1 AND 1A 0 1,750 3,500875Feet . HOKUALA RESORT PROPERTY LIHUE AIRPORT NAWILIWILIHARBOR RUNNING WATERSBEACH KALAPAKIBEACH NININI POINTLIGHTHOUSE AHUKINI RECREATIONPIER STATE PARK LEGEND Special Management Areas LIHUE INDUSTRIALPARK VIDINHA MEMORIALSTADIUM POLICEHEADQUARTERS FASHIONLANDING LIHUE WASTEWATERTREATMENT PLANT U.S. POSTOFFICE JUDICIARYCOMPLEX KAUAI MARRIOTT RESORTAND BEACH CLUB PALI KAICOTTAGES SUBDIVISION 1A SUBDIVISION 1 LOT 10C PETITION AREAPETITION AREA AHUKINI RDKAPULE HWYRICE ST LALA RDUNAHE STW A A P A R DHOOLAKO STNAWILIWILI RD KAANA STK A P A I A R D MOKOI ST NIUMALU RDKAPENA STKAHUMOKU RDOHI OHI STAUKELE STKAWILI ST HOOHUKI ST MOKULELE LOOPPUAOLE ST HOOLIMALIMA PLLUINA STKANOA STFIGURE 5 VICINITY MAP HOKUALA RESORT - SUBDIVISION 1 AND 1A 0 1,750 3,500875Feet . HOKUALA RESORTPROPERTY LIHUE AIRPORT NAWILIWILIHARBOR RUNNING WATERSBEACH KALAPAKIBEACH NININI POINTLIGHTHOUSE AHUKINI RECREATIONPIER STATE PARK LIHUE INDUSTRIALPARK VIDINHA MEMORIALSTADIUM POLICEHEADQUARTERS U.S. POSTOFFICE JUDICIARYCOMPLEX PALI KAICOTTAGES FASHIONLANDING LIHUE WASTEWATERTREATMENT PLANT KAUAI MARRIOTT RESORTAND BEACH CLUB SUBDIVISION 1A SUBDIVISION 1 LOT 10C PETITION AREAPETITION AREA X X VE VE VE VE VE VE VE VE AE VE VE AE VE VE VE AE AE VE AE VE AE VE AE AO X X AEAE VE X AE AE AE AE AE X AE X AHUKINI RDKAPULE HWYRICE ST LALA RDUNAHE STW A A P A R DHOOLAKO STNAWILIWILI RD KAANA STMOKOI ST KAPENA STOHI OHI STAUKELE STKAWILI ST HOOHUKI ST MOKULELE LOOPPUAOLE ST HOOLIMALIMA PLLUINA STKANOA STFIGURE 6 FLOOD ZONE MAP HOKUALA RESORT - SUBDIVISION 1 AND 1A 0 1,750 3,500875Feet . HOKUALA RESORTPROPERTYLIHUE AIRPORT NAWILIWILIHARBOR RUNNING WATERSBEACH KALAPAKIBEACH NININI POINTLIGHTHOUSE AHUKINI RECREATIONPIER STATE PARK LEGEND Flood Zones Zone AE Base Flood Elevations determined. Zone AO Flood depths of 1 to 3 feet (usually sheetflow on sloping terrain); average depthsdetermined. For areas of alluvial fanflooding, velocities also determined. Zone VE Coastal flood zone with velocity hazard(wave action); Base Flood Elevationsdetermined. Zone X Areas determined to be outside the 0.2%annual chance floodplain. LIHUE INDUSTRIALPARK VIDINHA MEMORIALSTADIUM POLICEHEADQUARTERS KAUAI MARRIOTT RESORT AND BEACHCLUB (22)(22) (24) (18) (21) (19) (18) (17) (16) (15) (14) (14)(12)(11) (9)SOURCE:Federal Emergency Management Agency (FEMA)Flood Insurance Rate Maps: Panel Number 1500020326F,Panel Number 1500020327F, Panel Number 1500020328F,and Panel Number 1500020329F. All maps revised November 26, 2010. (10)VE(9)VE (9)VE(7) U.S. POSTOFFICE PALI KAICOTTAGES FASHIONLANDING LIHUE WASTEWATERTREATMENT PLANT JUDICIARYCOMPLEX SUBDIVISION 1A SUBDIVISION 1 LOT 10C PETITION AREAPETITION AREA LhB LlB LhB FL Mr LhE2 rRR KvB rRR HnA HnA LhB BL LlB W LlC LhD rRR KvD KvB LlB KvD LhE2 rRR rRR LlB rRO LhB LuA LlB LhD rRR LhC LhD LhC LhE2 LlC LhC LhB LhC LhC LhB HnA LhB KvD HnA LhC HnA LhC LhC HnA Mta LhC LhD Mr rRK HrB W AHUKINI RDKAPULE HWYRICE ST LALA RDUNAHE STW A A P A R DHOOLAKO STKAANA STMOKOI ST KAHUMOKU RDKAWILI ST MOKULELE LOOPPUAOLE ST HOOLIMALIMA PLLUINA STKANOA STFIGURE 7 SOILS MAP HOKUALA RESORT - SUBDIVISION 1 AND 1A 0 1,750 3,500875Feet . HOKUALA RESORTPROPERTY LIHUE AIRPORT NAWILIWILIHARBOR RUNNING WATERSBEACH KALAPAKIBEACH NININI POINTLIGHTHOUSE AHUKINI RECREATIONPIER STATE PARKLEGEND BL Badland BS Beaches FL Fill Land, mixed HfB Halii gravelly silty clay, 3to 8 percent slopes HnA Hanalei silty clay, 0 to 2percent slopes, MLRA167 HrB Hanalei silty clay, deepwater table, 0 to 6percent slopes KvB Koloa stony silty clay, 3to 8 percent slopes KvD Koloa stony silty clay, 15to 25 percent slopes LhB Lihue silty clay, 0 to 8percent slopes LhC Lihue silty clay, 8 to 15percent slopes LhD Lihue silty clay, 15 to 25percent slopes LhE2 Lihue silty clay, 25 to 40percent slopes, eroded LlB Lihue gravelly silty clay,0 to 8 percent slopes LlC Lihue gravelly silty clay,8 to 15 percent slopes LuA Lualualei clay, 0 to 2percent slopes, MLRA163 Mr Mokuleia fine sand loam Mta Mokuleia clay loam,poorly drained variant W Water rRK Rock land rRO Rock outcrap rRR Rough broken land VIDINHA MEMORIALSTADIUM POLICEHEADQUARTERS LIB BS LhBLIB LIC LIC LhE2 LhB LhB BL HfB U.S. POSTOFFICE PALI KAICOTTAGES JUDICIARYCOMPLEX SUBDIVISION 1A SUBDIVISION 1 LOT 10C PETITION AREAPETITION AREA FIGURE 10 EXISTING TRAILS MAP EXHIBIT B Zoning Ordinance No. PM-2009-394 Status of Compliance with Conditions of Approval of Zoning Ordinance No. PM-2009-394 Dated April 13, 2021 April 13, 2021 1 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS 1. Notwithstanding any provisions to the contrary, no more than a total of 772 dwelling units or hotel/motel rooms (“herein referred to as the “Density Cap”) shall be developed on the properties identified herein including that certain area of approximately 21.6 acres being rezoned from the Open District (O) to Residential District (R-2) as reflected on the location map attached hereto and incorporated herein as Map 3 (Revised September 2009). The affordable housing units constructed within the areas rezoned herein shall not be counted as part of the Density Cap as long as the units remain as affordable pursuant to the Agreement (Kaua‘i Lagoons Affordable Housing) between Kauaʻi Development LLC and the County of Kaua‘i, dated February 18, 2005, as amended. For the purposes of implementing this condition, units are defined as a hotel room (a suite or room without kitchen facilities) or a combination of hotel and residential units (a unit with kitchen facilities) for development within the Resort District (RR-10, RR-20). For development within the Residential District (R-20) only residential dwelling units are allowed. As represented, uses situated in the affected areas sought for zoning amendment shall be limited to the following residential types as described below: a. For development within the Resort District (RR-10, RR-20), multi-family residential units are allowed. b. Development within the Residential District (R-2) shall be limited to single family detached residential units. No Additional Dwelling Units (ADU) are permitted, and no guest cottages shall be permitted on those lots developed on the approximately 21.6 acres that are being rezoned from Open District (O) to Residential District (R-2), as reflected in the location map attached hereto and incorporated herein and identified as Map 3 (Revised September 2009).” The current proposed reassignment of density being requested by the Applicant through a petition for a County Zoning Amendment will be within the maximum 772 dwelling or hotel unit density cap approved for the Resort Development. As part of the approved phases of development within the Hōkūala Resort, various phases of design, permitting and construction have been undertaken for 371 dwelling or hotel units in the Parcel 9A (former Inn on the Cliffs) area, the Parcel 9B (former Makalii Bldg A) area, the Parcel 8 area, the Ninini Point Residences, and the Kalanipuʻu subdivision. The remaining approved 401 dwelling or hotel units which are comprised of the units proposed in the Petition Area, the Parcel 9E area, and the Subdivision 4 area, added to the approved 371 dwelling or hotel units, comprise the total 772 dwelling or hotel unit maximum density established under this Zoning Ordinance. The remainder of this condition will be complied with. April 13, 2021 2 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS 2. As further represented by the Applicant, “…the Open District (O) portions of the property shall not have any residential density or be used for the calculation of any residential density on the property. No building permits shall be issued unless documentation that this restriction on density has been incorporated into the deeds of the affected property(ies) has been received by the Planning Department.” Documentation of the restriction on density within the Open District lands of the Hōkūala Resort (formerly Kauaʻi Lagoons Resort) is included in the Declaration of Deed Restriction Concerning Density in the Open District Zone of Kauai Lagoons Resort dated December 18, 2007 and recorded in the State Bureau of Conveyances on December 31, 2007 as Document No. 2007-223761 and Land Court Document No. 871,637. 3. The Applicant shall comply with, and fully implement all provisions of the Effluent Use Agreement dated August 14, 2001, entered into between Kauai Lagoons Resort Company, Ltd. and the County of Kaua‘i. The Applicant has fully complied with the provisions of the Effluent Use Agreement. In accordance with covenant no. 5 of the Effluent Use Agreement, the existing Hōkūala Resort injection well was upgraded and dedicated to the County. All lands and required easements for the Līhuʻe Wastewater Treatment Plant (WWTP), including 2.22 acres of land for the expansion of the Līhuʻe WWTP, and 7.1 acres of land in the Stable Area have been dedicated to the County of Kauai. In accordance with agreements and approvals, Tower Kauaʻi Lagoons LLC designed and constructed the R-1 filtration and disinfection system upgrade at the Līhuʻe WWTP. The upgrade to R-1 quality water enables the use of high quality reclaimed water for all irrigation needs for the Hōkūala Resort’s golf courses and landscaping for the resort and residential common areas. Upon completion of construction, the filtration and disinfection system upgrade improvements were dedicated to the County by the previous owner, and the County operates and maintains the improvements. On March 25, 2009, the Effluent Use Agreement was amended and approved by the Kauaʻi County Council which April 13, 2021 3 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS Pursuant to the aforementioned agreement, the Applicant agrees to dedicate free and clear of any liens, and encumbrances, without cost to the County: a. All land and easements required for the disposal of effluent from the Līhu‘e Wastewater Treatment Plant (“LWWTP”). b. Approximately 2.22 acres of land for the expansion of LWWTP. c. Approximately 7.1 acres of land in the “Stable Area;” d. Any other land and easements required for the County’s operation of the LWWTP as may be mutually agreed to between the County and the Applicant; e. Prior to conveying ownership of the LWWTP site to the County, the Applicant shall remove and relocate all golf course irrigation system improvements, weather station infrastructure and any related appurtenances from the property. Other than provided above, all lands conveyed to the County by the Applicant shall be on an “as is” basis. The Applicant is not aware of any dangerous, hazardous or environmentally damaging conditions existing on any of the lands to be conveyed. The Applicant shall dedicate the aforesaid lands to the County within ninety (90) days after final subdivision approval of its Subdivision Application for the subject property currently pending before the Planning Commission. increases the treatment capacity reservation for the Hōkūala Resort from 150,000 gpd to 290,000 gpd and provides for the effluent to the Resort to be R-1 quality. Dedicated to the County of Kauai. Dedicated to the County of Kauai. Dedicated to the County of Kauai. Complied with. Complied with. April 13, 2021 4 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS 4. Should the sewer capacity for additional development on the property exceed 150,000 gallons per day, the Applicant acknowledges that it shall be subject to any applicable waiting or priority list established by the County of Kaua‘i for such service. No building permits shall be issued until sewer capacity issues have been resolved with the Department of Public Works – Wastewater Division. On March 25, 2009, the STP Effluent Agreement was amended and approved by the Kauaʻi County Council which increased the treatment capacity reservation for the Hōkūala Resort Development from 150,000 gpd to 290,000 gpd and provides for the effluent to the Resort to be R-1 quality. Based on the County’s Sewer Design Standards, the average sewer design flow for the overall proposed Hōkūala Resort development, including the 772 dwelling or hotel units, 31 affordable housing units, and various commercial and public recreational facilities, is estimated at 202,900 gpd. The average sewer design flow for the proposed 42 single-family residential units from the density re- assignment is estimated at 16,800 gpd. Based on the increased treatment capacity reservation of 290,000 gpd pursuant to the recently approved amended STP Effluent Agreement, there is available capacity at the Līhuʻe WWTP to accommodate the flows from the Hōkūala Resort development, including the proposed 42 single-family residential units. 5. The Applicant shall submit a request to the Planning Commission to cancel the existing Running Waters Hotel permits, identified as SMA Use Permit SMA (U)-87-17, Special Permit SP-87-15, Project Development Use Permit U- 87-17, and Class IV Zoning Permit Z-IV-87-59, within 6 months from the approval of this zoning amendment ordinance. The Applicant’s request for cancellation of the referenced SMA Use Permit, Special Permit, Project Development Use Permit, and Class IV Zoning Permit was approved by the Planning Commission on November 26, 2002. 6. The Applicant shall resolve the provision of affordable housing for this zoning amendment with the County Council in accordance with the Kaua‘i Lagoons Affordable Housing Agreement dated February 18, 2005 as may be amended or otherwise determined by the County Council. The Affordable Housing Agreement was amended in September 2006 to provide for permanent affordable housing, along with seven (7) additional affordable housing units to the 24 affordable housing units previously to be provided on the Haoa Street site of the Hōkūala Resort development. The revised agreement April 13, 2021 5 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS provides for the 31 affordable housing units to be sold as affordable 99-year leasehold units and dedicated to the County of Kauaʻi to enable more permanently affordable housing. Construction of the 31-unit multi-family affordable housing development located within the western portion of the Hōkūala Resort property at the corner of Kauaʻi Veterans Memorial Highway and Haoa Street was completed in 2010. 7. The Applicant shall allow public access over and across all existing public vehicular and pedestrian public accessways on the subject property. Easement documents in favor of the County providing for non-motorized bicycle access from the public access entrance at Kapule Highway to eventually connect with “Easement 1” on TMK: 3-5-01 por. 102 (as described in State of Hawai‘i Bureau of Conveyances Document No. 90-152880) shall be executed within one hundred and eighty (180) days from the enactment of this ordinance. The Applicant shall provide a passive beach park to include public parking in the vicinity of the former Fashion Landing commercial area, restroom and shower facilities, recreational shelters, and picnic areas in the approximate vicinity of the Kiele No. 13 green and the area commonly referred to as Running Waters Beach. The aforementioned facilities shall be inclusive of, but not limited to, the following amenities: a. Public restrooms and shower facility at the former Fashion Landing commercial area (beneath restaurant facility); b. Public restrooms and shower facility near the Running Waters Beach; picnic shelters (i.e. recreational shelters) to be located close by; and Existing public vehicular and pedestrian access will be maintained throughout the Resort. Hōkūala Resort features a robust network of roadways and public access hike and bike trails that provide good connectivity to various areas throughout the resort and beyond including to areas along the coast and to surrounding uses in Nāwiliwili. Existing public shoreline access ways within the Hōkūala Resort include a shoreline access path near the Ocean Golf Course Hole No. 16, a shoreline access point from the former Inn on the Cliffs restaurant, and a beach access off of the makai end of Kalakapī Circle near the Kauaʻi Marriott Resort and Beach Club. The Applicant is coordinating with the County DPW Building Division regarding integration of segments of the proposed Nawiliwili- Ahukini Shared-Use Path improvements within the Resort, including the provision of bicycle access to eventually connect with Easement 1 on TMK: 3-5-001: por. 102. Public restrooms and shower facilities have been provided at the existing commercial area (former Fashion Landing area beneath the restaurant). A public recreation/picnic shelter and shower facility has been provided near Running Waters Beach, just mauka of the provided public lateral shoreline access. April 13, 2021 6 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS c. Weather shelters and picnic tables along the lateral shoreline access. Restroom and shower facilities and other public recreational amenities required in this condition shall be constructed within two (2) years from the date of the enactment of this ordinance, and shall be maintained by the Applicant. The Applicant shall provide lateral shoreline access according to the ‘Roadway and Public Access Plan (dated August 2006),’ which is attached to and incorporated herein as part of this ordinance. More specific plans shall be submitted for the review and approval of the County of Kaua‘i at the time of Zoning Permit and/or SMA permit application for the hotel/resort-residential project prior to any construction of the restroom and shower facilities and other public recreational amenities referenced above. Facility locations are to be determined at this time. As represented by the Applicant, the Applicant shall indemnify, defend, pay for all attorneys fees and costs, and hold harmless the County of Kaua‘i, its employees, agents, successors and assigns from any and all injuries and/or property damage that may directly or indirectly arise from the use by the public of the public access easements and facilities located on the Applicant’s properties identified herein. Further west, a public recreation/picnic shelter, shower and restroom facility has been located mauka of the provided public lateral shoreline access. The restroom and shower facilities and other public recreational amenities required in this condition have been constructed and are being maintained by the applicant. An updated Roadway and Public Access Plan and specific plans of the proposed public lateral shoreline access between the former Inn on the Cliffs and existing commercial area (former Fashion Landing) and public recreational amenities was included as part of the application for a second amendment to the SMA Permit, which was approved on August 12, 2009. The Grant of Pedestrian Access Easement document for the proposed public lateral shoreline access to be located between the former Inn on the Cliffs and the existing commercial area (formerly Fashion Landing) is in the process of being reviewed by the County. Construction of the two (2) public recreation/picnic shelters was completed and the Applicant has fully complied with this condition. This condition will be complied with. April 13, 2021 7 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS 8. All deeds or instruments transferring interest in the subject property, or in the structures or improvements therein, easements running in favor of the State of Hawaii and the Land Use Commission and the County of Kaua‘i shall indemnify and hold the State of Hawaiʻi and Land Use Commission and the County of Kaua‘i, harmless from any complaints or claims due to noise, odor, dust, mosquitoes, and other nuisances and problems emanating from the operation of the Līhu‘e Airport and the operation of the Līhu‘e Wastewater Treatment Plant. The Applicant will comply with this condition in the deeds transferring interest in the subject property. A master Declaration of Covenants, Conditions and Restrictions for Kauai Lagoons Resort recorded in the State Bureau of Conveyances on March 14, 2008 as Document No. 2008-040613 and on March 18, 2008 as Document No. 3723797 includes the provision of assumption of release, waiver and indemnity by each owner of the parcels or units within the Resort resulting from various potential conditions within and adjacent to the Resort. 9. No residential, condominium, or hotel units shall be constructed within areas greater than the 60 DNL noise contour of the Līhu‘e Airport; provided, however, that such uses may be permitted within the 60 to 65 DNL noise contours, if there is an accompanying mitigation of interior noise to the 45 DNL noise level. The Applicant shall satisfy this condition with the appropriate State and/or Federal agency at the time of submittal of Zoning Permit and/or SMA Use Permit application. The Applicant will comply with this condition. The development’s design guidelines will be specific in referencing this requirement for interior noise mitigation as needed. For all residential development located between the 60 to 65 DNL noise contours, design guidelines will be established which would set forth the various door, window and exterior building envelope treatment measures to be followed in the construction of the units to achieve an interior noise level of 45 DNL. 10. The Applicant shall comply with any height restriction to be set by the State of Hawaiʻi pursuant to specifications established in FAA regulations for aviations easement purposes along the perimeter of the Līhu‘e airport runways. The Applicant will comply with any height restrictions as provided by FAA regulations. The Applicant has granted to the State DOT, Airports Division a Grant of Avigation and Noise Easement dated October 14, 2008 and recorded in the State Bureau of Conveyances as Document No. 2008-162922 pertaining to the operations of the adjacent Līhuʻe Airport. 11. Traffic improvements to intersections or roadways within the Līhu‘e District, as determined by the State Highways Division and/or Department of Public Works, to mitigate increase in traffic generated by the proposed In accordance with Condition No. 6 of the Amended SMA Permit, an updated Traffic Impact Report (“TIR”) was conducted by Wilson Okamoto Corporation in June 2016 for the Resort Development. April 13, 2021 8 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS hotel/resort residential projects shall be considered and, as may be appropriate, required by the Planning Commission at time of consideration of Zoning Permit and/or SMA Use Permit Application for the proposed hotel/resort- residential project. The following intersections were assessed in the updated TIR to determine the relative impact of the Resort Development:  Kauaʻi Veterans Memorial Highway at Ninini Point Street and Hoolako Street  Kauaʻi Veterans Memorial Highway at Rice Street  Kauaʻi Veterans Memorial Highway at Haoa Street and Halau Street  Rice Street at Ho‘olaule‘a Way Traffic volumes were forecast for Year 2022, the anticipated full build-out date for the Hōkūala Resort development. The TIR also accounted for the cumulative impact of the Resort development with other nearby proposed and planned developments, including the State of Hawaiʻi Department of Transportation (DOT) 2035 Transportation Plan Improvements, the proposed Wailani development located within a portion of the former Līhuʻe-Hanamāʻulu Master Plan development, the proposed Vidinha Stadium Complex expansion located adjacent to Hoʻolako Street west of Kauaʻi Veterans Memorial Highway, the planned Līhuʻe Airport master plan improvements located adjacent to the Resort, and the Kauaʻi Veterans Memorial Highway and Rice Street Intersection Improvements, along with general projected growth in the region. Traffic volumes and conditions without the Hōkūala Resort development were also forecast as a baseline from which to identify the incremental effects of the Resort development. Construction of the 42 single-family residential units is anticipated to be completed by Year 2022. Dwelling construction and lot landscaping will be undertaken separately by the developer. April 13, 2021 9 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS Total trips anticipated to be generated by the Resort Development is 349 trips during the AM peak period and 430 trips during the PM peak period. Based on the 2016 TIR, traffic operations in the vicinity of the Resort Property are generally expected to remain similar to without project conditions (with improvements) despite the addition of site-generated traffic to the surrounding roadways. The development of the Hōkūala Resort would not significantly impact traffic conditions and operations in the vicinity of the Resort Development. In accordance with Condition No. 6 of the Amended SMA Permit, a Memorandum of Agreement (“MOA”) was submitted by the Applicant and Tower Kauai Lagoons LLC to the State DOT Highways Division on November 20, 2008 which identifies specific proposed roadway improvements and associated funding and construction considerations in association with the Hōkūala Resort development. The MOA includes specific improvements to be designed, permitted, funded, and constructed at the Kauaʻi Veterans Memorial Highway/Rice Street intersection, the Kauaʻi Veterans Memorial Highway/Ninini Point Street/Vidinha Stadium Access Road (Hoʻolako Street) intersection, and the Kauaʻi Veterans Memorial Highway/Haoa Street/Halau Street intersection. Based on initial review comments, the Applicant and Tower Kauai Lagoons LLC submitted revised versions of the MOA to the DOT Highways Division which addresses the comments. In consideration of the ongoing MOA discussions between the DOT and the Applicant, by letter dated May 18, 2010 in regard to the preliminary Revised Large Lot Subdivision (S-2010- 11), the DOT indicated that the Applicant appears to be in accordance with the April 13, 2021 10 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS various land use permits that have been approved for the Hōkūala Resort and expects the Applicant will continue working with the DOT Highways Division to develop the MOA. The Applicant intend to continue to engage in ongoing discussions, as per the draft MOA, with the DOT Highways Division toward seeking resolution and ultimately execution of the MOA. Anticipating the execution of the MOA, and in consultation with the DOT, the Applicant worked on the design phase for the Kauaʻi Veterans Memorial Highway/Rice Street intersection improvements. DOT approval of the conceptual design for the Kauaʻi Veterans Memorial Highway/Rice Street intersection improvements was received on October 22, 2010, and the construction drawings were being reviewed by DOT. DOT approval of the final construction drawings for the Kauaʻi Veterans Memorial Highway/Ninini Point Street/Hoolako Street (Vidinha Stadium Access Road) intersection improvements was received on July 8, 2011. Because of the time involved since the 2011 approval, DOT requested a resubmittal of the plans for the Kauaʻi Veterans Memorial Highway/Ninini Point Street/Ho‘olako Street (Vidinha Stadium Access Road) intersection improvements. Plans were resubmitted to DOT on March 28, 2016 and to DPW on April 21, 2016. DOT approved the plans on October 20, 2016. Construction of the improvements at the Kauaʻi Veterans Memorial Highway/Haoa Street/Halau Street intersection was completed in February 2010 and accepted by the County, and subsequently dedicated to the County by the Applicant. The road improvements were wholly contained within the County’s Haoa Street. April 13, 2021 11 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS 12. To minimize adverse impacts to Newell’s shearwaters, exterior lighting fixtures shall be only of the following types: shielded lights, cut- off luminaries or indirect lighting. The Applicant shall consult with the Division of Forestry and Wildlife, Kaua‘i District (State Department of Land and Natural Resources), for its specific lighting recommendations. Up-lighting shall be prohibited and only fully shielded, low profile lights shall be implemented. Spotlighting of any structures or the ocean shall be reviewed and approved by the Planning Director. All exterior lighting for the Hōkūala Resort will be designed in full compliance with mitigation requirements to protect threatened and endangered species. Any external lighting planned for the project will be shielded or of the cut-off luminaire or indirect lighting types, and/or directed downward. The use of spotlights aimed upward or spotlighting of structures and landscaping within the Hōkūala Resort will be prohibited. 13. The Applicant, its successors or assigns, shall develop the appropriate documents and/or agreements for the review of and approval by the County of Kaua‘i that would hold the County of Kaua‘i harmless from any lawsuits relating to noise generated during normal airport activities at the Līhu‘e Airport by any owners, subtenants, guests, or other users of the rezoned area. A master Declaration of Covenants, Conditions and Restrictions for Kauai Lagoons recorded in the State Bureau of Conveyances on March 14, 2008 as Document No. 2008-040613 and on March 18, 2008 as Document No. 3723797 includes the provision of assumption of release, waiver and indemnity by each owner of the parcels or units within the Resort resulting from various potential conditions within and adjacent to the Resort. 14. An aviation easement in a form prescribed by the State Department of Transportation shall be granted to the State of Hawaiʻi by the Applicant, to cover the entirety of the Kauai Lagoons Resort property owned by the Applicant. The Applicant has granted to the State DOT, Airports Division a Grant of Avigation and Noise Easement dated October 14, 2008 and recorded in the State Bureau of Conveyances as Document No. 2008-162922 pertaining to the operations of the adjacent Līhuʻe Airport. 15. The applicant shall consult with and comply with all archaeological/historical requirements of the State Historic Preservation Division at time of Zoning Permit and/or SMA Use Permit Applications for the property. Archaeological survey work has been previously undertaken for the subject property and no archaeological sites were found. The State Department of Land and Natural Resources Historic Preservation Division (SHPD) has previously issued a determination of “no effect” on significant historic sites. 16. The Applicant shall comply with all requirements The Applicant will fully comply with the April 13, 2021 12 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS established by the Department of Public Works regarding grading, grubbing, drainage and erosion control in order to minimize any adverse impacts to surrounding properties, to Kalapakī Bay, and to adjoining off-shore waters during construction and other grading or grubbing activity. The applicant shall also conduct a drainage study to evaluate the impacts of increased runoff from the development of residences, parking lots and other impermeable surfaces and shall implement measures to keep storm flow rates to levels existing prior to the project construction of any of the said 750 units. requirements of the County’s Grading Ordinance and the State Department of Health’s (DOH) National Pollutant Discharge Elimination System (NPDES) Permit program to ensure water quality protection. All active projects with open NPDES Construction Permits have been renewed under the new State of Hawaii DOH NPDES General Permit that expires on February 8, 2024. Any new projects seeking a grading permit from the County of Kauaʻi DPW will submit a NPDES permit application to DOH for General Permit coverage of the project, if necessary. A Master Drainage Study, revised May 2010, was prepared by Wilson Okamoto Corporation subsequent to some of the Resort Development’s core improvements. The 2010 Master Drainage Study was approved by the County Department of Public Works (“DPW”) by letter dated February 18, 2009. To accommodate the projected increase in runoff volume, a total of seven (7) detention basins will be provided throughout the Hōkūala Resort development, with the remaining runoff volume to be diverted into the existing lagoons. With the addition of the proposed detention basins and use of the existing lagoons, the flow rates and drainage patterns will be kept to pre- development conditions, and the runoff generated by the Hōkūala Resort will not adversely affect the adjacent properties and down-gradient areas. 17. The Applicant shall continue to make available two hundred (200) off-street parking stalls within the parking lot area described as “Easement P- 1” to the property currently identified as the Kauai Marriott Resort and Beach Club (TMK: 3- 5-02: 02) for hotel and resort purposes. The Applicant will continue to make available 200 parking stalls for the Kauaʻi Marriott Resort and Beach Club. The 200 parking stalls are being provided within the Residential District (R-20) area near the main entrance of the Resort. April 13, 2021 13 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS 18. Substantial construction of one hundred twenty- five (125) hotel or resort/residential units shall be completed within two (2) years from the effective date of this ordinance. Substantial construction of an additional one-hundred-twenty-five (125) hotel or resort/residential units shall be completed within seven (7) years from the effective date of this ordinance (total of two- hundred-fifty units). Substantial construction of the balance of the seven-hundred-fifty (750) units allowed by this ordinance, or five-hundred (500) units shall be completed within twelve (12) years of the effective date of this ordinance. Substantial construction, as used herein, shall mean the laying of foundations. If substantial construction is not completed within this timeframe, the Planning Commission shall initiate proceedings to review the provisions of the zoning designations for the property. Of the initial 125 dwelling or hotel units within the Hōkūala Resort, substantial construction was completed within two years and is comprised of the 78-unit Kalanipu‘u development, the 14-unit Parcel 9A (formerly Inn on the Cliffs) development, the 28-unit Parcel 9B (formerly Ritz Carlton Club) building, and the 5-unit Parcel 9A Townhomes (formerly Ritz Carlton Residence Town Homes) building. Full construction of these developments has been completed. Substantial construction of an additional 125 dwelling or hotel units was completed within seven years on Parcel 8 in compliance with the condition. Building permits are currently under review for full construction of a 210-unit hotel development at Parcel 8 and for 12 of the 36 units proposed at the Ninini Point Residences. The timing for substantial construction of the remaining dwelling or hotel units is acknowledged and will be complied with. 19. Pursuant to Chapter 4 (“Developing Jobs & Businesses”), Section 4.5.2 (“Supporting Businesses and Jobs for Kauai Residents – Implementing Actions”) of the Kaua‘i General Plan (November 2000): “(c) In granting zoning and permits for new resorts and other businesses, the County shall seek commitments that businesses will actively recruit and train Kaua‘i residents to fill new jobs.” To this end, the Applicant shall seek to actively recruit and train Kaua‘i residents to fill new jobs. The Applicant intends to actively recruit and train Kauaʻi residents to fill new jobs within the Resort. 20. To the extent possible within the confines of union requirements and applicable legal prohibitions against discrimination in employment, the Applicant shall seek to hire Kaua‘i contractors as long as they are The Applicant intends to hire Kauaʻi contractors and Kauaʻi residents for temporary construction and permanent resort jobs as much as possible. April 13, 2021 14 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS reasonably competitive with other contractors, and shall seek to employ residents of Kaua‘i in temporary construction and permanent resort related jobs. It is recognized that the Applicant may have to employ non-Kaua‘i residents for particular skilled jobs where no qualified Kaua‘i resident possesses such skills. For the purposes of this condition, the Council shall relieve the Applicant of this requirement if the Applicant is subjected to anti-competitive restraints on trade or other monopolistic practices. 21. Prior to or as part of any submittal for any major land use permits for development associated with this petition or any portion of its resort campus, the Applicant shall provide the Planning Commission a status report of applicable conditions of approval under Special Management Area Use Permit SMA (U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U-2005-25, and Class IV Zoning Permit Z-IV-2005-30. The status report shall include but not be limited to: a. a development schedule of all highway improvements as required by the State Highways Division; b. an updated roadway and public access master plan (Figure 9, Applicant’s Petition, November 2005) identifying the location and availability for use by the general, the public beach access and associated improvements, and public access for vehicular, pedestrian and non- motorized traffic that shall be incorporated herein and referenced to in this zoning ordinance; c. the location of the additional affordable housing units that are intended to be required by the subject land use petitions. A status report of the conditions of approval under the Second and Third Amended SMA Permit is included in Exhibit F of this subject Petition for county zoning amendments for the proposed re- assignment of density within the Hōkūala Resort. April 13, 2021 15 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS 22. The Applicant is made aware that during the review of major land use permits and design, additional shoreline setbacks, height restrictions, and lot coverage restrictions may be required to mitigate visual impacts along the coast and to preserve near shore water quality. The Applicant acknowledges this condition. 23. As represented by the Applicant, the Applicant shall have that certain parcel of land located in Kalapakī, Hanamā‘ulu, Līhu‘e (Puna), Kaua‘i, Hawai‘i, identified by Kaua‘i Tax Map Key No. (4) 3-05-001:102 (“Subject Property”) encumbered with a Declaration of Conservation Restriction (to be recorded in the Bureau of Conveyances of the State of Hawaii) which will contain provisions regulating the development of the Subject Property, including but not limited to, the following restrictions (hereinafter referred to as the “Development Restrictions”): a. No dwelling units shall be allowed within those portions of the Subject Property located in the 65 DNL or higher noise contours as shown on that certain map entitled FAR Part 150 5-Year (CY 1991) Noise Exposure Map for Līhu‘e Airport (from the Līhu‘e Airport – FAR Part 150 Noise Compatibility Program, Noise Compatibility Program Report, State Department of Transportation Airports Division, December 1989) (referred to hereinafter as the “Restricted Area”). b. Only the following structures or improvements shall be allowed within the Restricted Area: roads, fences, walls, vegetation and landscaping, not more than five (5) agricultural accessory buildings, underground utilities and above-ground facilities associated therewith (none of which shall exceed five (5) feet in height), irrigation ditches, no more than two (2) water tanks (neither of which shall exceed fifteen (15) feet in height), and water wells. No dwelling units shall be allowed within the Restricted Area. The 138-acre parcel identified as TMK: (4) 3-5-01: 102 has been conveyed to the County of Kauaʻi by the previous landowner and is included in the Dedication Deed dated April 21, 2010 and recorded in the State Bureau of Conveyances on May 5, 2010 as Document No. 2010-061330. The conveyance of the subject parcel to the County for public purposes resulted in the deletion of this Condition in its entirety since the provisions regulating the development of the parcel are no longer be applicable because the parcel has been conveyed to the County. April 13, 2021 16 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS c. Only agricultural uses shall be allowed within the Restricted Area. No residential, industrial, resort or commercial uses (except commercial uses related to agriculture activities) shall be allowed within the Restricted Area. d. The Subject Property shall not be subdivided. e. The maximum number of dwelling units that may be developed on the Subject Property shall not exceed eleven (11) dwelling units. The owner of the Subject Property shall have the right to use the dwelling unit density to which the Restricted Area is eligible, provided that any and all dwelling units (not to exceed 11) are located on the portions of the Subject Property outside of the Restricted Area. f. The Declaration of Conservation Restriction encumbering the Subject Property may not be amended in any manner so as to change, modify, or delete the Restrictive Covenants contained herein without the prior approval of the Council of the County of Kaua‘i. 24. The zoning designation for that certain area of approximately 21.6 acres in Nāwiliwili, Kauaʻi identified on zoning map ZM-NW 400 is hereby amended from Open District (O) to Residential District (R-2), on parcels identified by TMK: 3-5- 01: por. 27, and por. 168 and on the map attached hereto and incorporated herein as Map 3 (Revised September 2009), subject to the following conditions: a. With respect to those certain areas in Nāwiliwili, Līhuʻe, Kauaʻi, identified as (i) TMK: 3-5-01: por. 27 consisting of approximately 7.06 acres that has been amended from Open District (O) to Acknowledged. It is noted that approximately 4.6 acres of TMK 3-5-001: 027 and TMK 3-5-001:168 that was previously amended from Open District (O) to Residential District (R-2) is currently proposed to be amended from April 13, 2021 17 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS Residential District (R-2), and (ii) TMK: 3- 5-01: por. 168 consisting of approximately 14.6 acres that has been amended from Open District (O) to Residential District (R-2) as shown on zoning map ZM-NW 400 and on the map attached hereto and incorporated herein as Map 3 (Revised September 2009), (hereinafter referred to as the “2009 Petition Area”), the following conditions shall apply: b. Notwithstanding the provisions of Condition No. 1.b. of this Ordinance and as represented by the Applicant, guest cottages and additional dwelling units shall not be permitted on the lots created within the 2009 Petition Area. This restriction shall be included in the deeds for the subject lots, and recorded at the Bureau of Conveyances. A recorded copy of the deed(s) shall be provided to the Planning Department. c. Notwithstanding the provisions in Condition No. 12 of this Ordinance, in order to minimize adverse impacts on Federally Listed Threatened Species, such as Newell’s Shearwater and other seabirds, all external lighting for structures or other improvements within the 2009 Petition Area shall be limited to the following types: shielded lights, cut- off luminaries, or indirect lighting. Spotlights aimed upward or spotlighting of features shall be prohibited. d. Notwithstanding the provisions contained in Condition No. 16 of this Ordinance, Best Management Practices shall be utilized during all phases of development within the 2009 Petition Area in order to minimize erosion, dust and sedimentation impacts of the project to abutting properties. These practices shall be reflected in the subdivision, grading, construction, or other plans for Residential District (R-2) to Residential District (R-4). The Applicant acknowledges compliance with the conditions as described even in consideration of the proposed County Zoning Amendment. The Applicant acknowledges and will comply with this condition. All exterior lighting for the Hōkūala Resort will be designed in full compliance with mitigation requirements to protect threatened and endangered species. Any external lighting planned for the project will be shielded or of the cut-off luminaire or indirect lighting types, and/or directed downward. The use of spotlights aimed upward or spotlighting of structures and landscaping within the Hōkūala Resort will be prohibited. The Applicant acknowledges this condition and will ensure Best Management Practices are utilized during all phases of development. Plans of these practices shall be reflected in the subdivision, grading, construction, or other plans for the Petition Area that are submitted for permit processing. April 13, 2021 18 STATUS OF CONDITIONS OF APPROVAL ZONING ORDINANCE NO. PM-2009-394 HŌKŪALA RESORT CONDITION STATUS the Petition Area that are submitted for permit processing. e. No application for development (subdivision, grading, etc.) related to the subject requests for any proposed subdivisions within the 2009 Petition Area (identified in Figure 6a of the Applicant’s Petition, June 8, 2009, as Subdivision 1A, Subdivision 5, and Subdivision 6) shall be accepted for processing by the Planning Department until such time that the 138-acre parcel identified as TMK: (4) 3-5-01: por. 102 is conveyed to the County of Kauaʻi, as represented. f. Agency comments and concerns as submitted for the subject petition shall be resolved at the time of the next review conducted by the Planning Department, be it subdivision or other review. g. As represented, the 12.0 acre remnant that will be General Planned “Resort” and surrounding proposed Subdivision 6 within the 2009 Petition Area which currently encompasses the existing Kiele Golf Course Hole Nos. 6 and 8, shall not be utilized for any future density calculations purposes, and is only intended to provide for a more uniform General Plan “Resort” boundary designation. h. Additional government agency conditions may be imposed. It shall be the Applicant’s responsibility to resolve those conditions with the respective agency(ies). The 138-acre parcel has been conveyed to the County as represented and is included in the Dedication Deed dated April 21, 2010 and recorded in the State Bureau of Conveyances on May 5, 2010 as Document No. 2010-061330. All agency comments and concerns have been or will be resolved by the Applicant. The Applicant acknowledges this condition. The Applicant acknowledges this condition. 25. The Applicant is advised that additional government agency conditions may be imposed. It shall be the Applicant’s responsibility to resolve those conditions with the respective agency(ies). The Applicant acknowledges this condition. EXHIBIT C State Land Use District Ordinance No. PM-2009-392 EXHIBIT D General Plan Ordinance No. PM-2009-393 EXHIBIT E Visitor Destination Area Ordinance No. PM-2009-395 EXHIBIT F Letters of Permit Approval from Planning Department Dated August 12, 2009 and January 13, 2010 (Second and Third Amendments to Special Management Area Use Permit SMA (U) 2005-8, Project Development Use Permit PDU-2005-26, Use Permit U-2005-25, and Class IV Zoning Permit Z- IV-2005-30 and Special Permit SP-2008-4) Status of Compliance with Conditions of Approval Dated June 9, 2020 (2020 Annual Report for Hōkūala Resort) Letter of Acceptance from Planning Department Dated October 14, 2020 1907 S. Beretania Street, Suite 400 • Honolulu, Hawaii • 96826 • (808) 946-2277 June 9, 2020 Mr. Ka‘āina Hull, Director County of Kaua‘i Planning Department 4444 Rice Street, Suite 473 Līhu‘e, Hawai‘i 96766 Attention: Mr. Dale Cua, Chief Regulatory Planner Subject: 2020 Annual Report for Hōkūala Resort (formerly Kaua‘i Lagoons Resort) Second and Third Amendments to Special Management Area SMA (U)-2005-8 Project Development Use Permit U-2005-26 Use Permit U-2005-25 And Class IV Zoning Permit Z-IV-2005-30 Kalapaki, Līhu‘e, Kaua‘i, Hawai‘i Dear Mr. Hull: In accordance with Condition No. 28 of the Second and Third Amendments to Special Management Area SMA (U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U-2005-25, and Class IV Zoning Permit Z-IV-2005-30 for the Kaua‘i Lagoons Resort, of which approvals were granted by the County of Kaua‘i Planning Commission on August 11, 2009 and January 12, 2010, respectively, we hereby submit this report on the progress and status of compliance of the conditions of the subject permits. Copies of the subject permit approval letters from the County Planning Department dated August 12, 2009 and January 13, 2010, respectively, are attached for your reference. The following subdivisions have been undertaken in the development of the Kaua‘i Lagoons Resort:  Kalanipu‘u Subdivision (Subdivision No. S-2007-22) – This subdivision implemented the required boundary adjustments for the Kalanipu‘u condominium development at the former Fashion Landing area. Final subdivision approval was granted by the Planning Commission on February 26, 2008.  Large Lot Subdivision (Subdivision No. S-2008-2) – This subdivision implemented the required boundary adjustments for various areas in the Kaua‘i Lagoons Resort. Final subdivision approval was granted by the Planning Commission on September 9, 2008, and recertified by the County on September 23, 2008 and December 9, 2008.  Single-Family Subdivisions 1 and 4 (Subdivision No. S-2008-24) – This subdivision subdivided a portion of the planned single-family residential lots within the Kaua‘i Lagoons Resort, and adjusted other lot lines to facilitate the future development of the Resort. Final Letter to Mr. Ka‘āina Hull Page 2 June 9, 2020 subdivision approval was granted by the Planning Commission on December 9, 2008, and recertified by the County on December 9, 2008.  Single-Family Subdivisions 2 and 3 (Subdivision No. S-2009-06) – This subdivision subdivided a portion of the planned single-family residential lots within the Kaua‘i Lagoons Resort, and adjusted other lot lines to facilitate the future development of the Resort. Final subdivision approval was granted by the Planning Commission on May 12, 2009.  Affordable Housing (Kamāmalu) Subdivision (Subdivision No. S-2010-03) – This subdivision subdivided a 759 square-foot sliver of land from the Kaua‘i Lagoons Resort’s affordable housing parcel to accommodate roadway improvements undertaken by the Applicant along Haoa Street in conjunction with that development. Final subdivision approval was granted by the Planning Commission on January 26, 2010.  Revised Large Lot Subdivision (Subdivision No. S-2010-11) – This subdivision allows for various boundary adjustments necessary to accommodate the planned master plan revisions of the Kaua‘i Lagoons Resort approved through the Resort’s Second and Third Amendments to Special Management Area Use Permit SMA (U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U-2005-25, and Class IV Zoning Permit Z-IV-2005-30 approved by the County Planning Commission on August 11, 2009 and January 12, 2010, respectively. Final subdivision approval was granted by the Planning Commission on December 14, 2010, and recertified by the County on January 11, 2011.  Revised Subdivision 700-710 (Subdivision No. S-2019-11) – This subdivision reconsolidated the planned single-family residential lots within the Kauaʻi Lagoons Resort, and subdivided the land to facilitate future development as low-density townhomes. Other lot lines were also adjusted in conformance with the existing RR-10/RR-20 designation of the site. Final subdivision approval was granted by the Planning Commission on November 12, 2019. Construction of the 78-unit Kalanipu‘u development has been completed, with units currently occupied by residents and time share owners. The Fitness Center and Activities Room within the nearby former Fashion Landing commercial center were completed in January 2012 and October 2012, respectively, for the residents and guests of the Kalanipu‘u development. In August 2008, building permit approvals were granted by the County for the 14-unit Inn on the Cliffs and 28-unit Ritz Carlton Club developments at the site of the former Inn on the Cliffs and Artisans Landing areas. Substantial construction of the structures for the Inn on the Cliffs development and Ritz Carlton Club development has occurred. In February 2008 and April 2008, foundation permit plans and building permit plans were submitted, respectively, for the Ritz Carlton Residence Town Homes Building “A” located adjacent to and mauka of the Inn on the Cliffs site, of which the foundation permit approval was granted by the County in September 2008. In August 2008, building permit plans were submitted to the County for the Marriott Vacation Club International Timeshare Project – Phase I located within a portion of the existing vacant land area adjacent to and makai of the lagoons and the second bridge of Ho‘olaule‘a Way. These plans were subsequently rescinded by the Applicant. Letter to Mr. Ka‘āina Hull Page 3 June 9, 2020 Construction of a public recreation/picnic shelter and shower facility near Running Waters Beach, just mauka of the planned public lateral shoreline access, and a public recreation/picnic shelter, shower and restroom facility further west and mauka of the planned public lateral shoreline access, were completed in September 2009. Both of these public recreation facilities are available for public use. The 31-unit multi-family affordable housing development, identified as the Kamāmalu Condominium, within the western portion of the Kaua‘i Lagoons Resort property at the corner of Kauaʻi Veterans Memorial Highway (more commonly known and referred to hereafter as Kapule Highway) and Haoa Street, was completed in February 2010, which fulfilled the affordable housing requirement for Kaua‘i Lagoons. The associated roadway improvements at the adjacent Kapule Highway/Haoa Street intersection were also completed in February 2010 and accepted by the County, and subsequently dedicated to the County by the Applicant. It is noted that the Applicant has appointed and delegated to Timbers Kaua‘i Management, LLC (hereinafter collectively referred to as the “Applicant”) the responsibility of being the development manager for the resort project and, as such, will be responsible for the day to day management and operation of the resort and will be the entity assigned the task of providing all necessary information to the County including annual reports as well as ensuring compliance with the applicable conditions of all relevant permits and entitlements for the resort project. Consequently, the Applicant intends to fully cooperate with the County in developing the Kaua‘i Lagoons Resort property pursuant to law and in accordance with all applicable entitlements and permits relative to the property and as may be amended from time to time with the approval of the County. Minor revisions to the product mix, while not increasing the total density of the project, are being implemented. The revisions essentially are very similar to earlier approved versions of the master- planned project. A summary of the revisions is provided below. There was a reduction in the number of units at the Inn on the Cliffs (from 22 to 14 units) and the Ritz Carlton Club (from 37 units to 28 units). These two areas are currently referred to as Parcel 9A - Building A and Parcel 9B - Building B, respectively, for permit purposes. The former Ritz Carlton Townhomes (hereinafter Parcel 9A – Townhomes) remains at 5 units. Construction of Parcel 9A - Building A and Parcel 9B - Building B has been completed and the structures were opened on June 1, 2018. Design plans for building permit approval for the Parcel 9A – Townhomes were resubmitted to the County and approved on July 27, 2017. Construction of Parcel 9A – Townhomes has been completed with units currently occupied by residents. The Condominium/Timeshare (hereinafter referred to as Parcel 8 - Timeshare) property located adjacent to the Kaua‘i Marriott Resort and Beach Club was previously reduced from 193 units to 175 units. Following consultation with Planning Department staff, however, the count was subsequently increased to 210 hotel units with a corresponding reduction at Lot 9E and a net effect of no change to the total density of the project. Subdivision 7, which was envisioned as 11 single family residential lots, has evolved to low density townhomes development with 36 units. The 36-unit townhome development is now named Ninini Point Residences. Parcel 9E – Hotel and Condominiums (now referred to as a Boutique Hotel) changed from 292 to 268 units. Plans for both the Parcel 8 - Timeshare and the Ninini Point Residences has been submitted and are under review by the Department of Public Works (DPW). The various single family residential subdivisions involve a net decrease of 11 units. Subdivision 1 remains at 10 units and Subdivision 4 remains at 24 units. Nine (9) units are added to Subdivision 1A and Letter to Mr. Ka‘āina Hull Page 4 June 9, 2020 9 units are deleted from Subdivision 2. Eleven (11) units are deleted from Subdivision 3. Thus, single family subdivisions are decreased from 54 units to 43 units. There are no plans currently to develop Subdivisions 2 and 3. The bonds for both of the residential subdivisions have been left to expire with the approval and concurrence of the County of Kauaʻi Planning Director. No change is proposed to the existing 78 unit Kalanipu‘u development. The existing commercial center located at the former Fashion Landing (hereinafter Commercial Complex) is planned to be repaired and refurbished. SMA III permit approval for improvements to the Commercial Complex was issued on April 24, 2018. The net result of the minor adjustments to the product mix is no change to overall planned density. The foregoing changes were determined to be within compliance of both the issued permits and related council planning measures by Departmental Determination DD-2017-7 dated September 6, 2016, a copy of which is attached. The existing status of conditions from the August 11, 2009 and January 12, 2010 permit approvals is as follows: 1. The maximum building height for the proposed condominium, timeshare, multi-family, and hotel units buildings in Project Areas “B” and “D” approved in 2005 and Project Area “B” of the proposed amendments (Page 0.01 Volume II) shall not exceed four (4) stories or forty (40) feet from the ground line measured at each point along the building to the highest wall plate line, whichever is less. Gables and roof height shall not exceed one-half (1/2) the wall height or fifteen (15) feet, whichever is less. The maximum building height for structures in Project Area “C” (Page 4, Volume II) as approved in 2005 shall be as follows: a. The maximum building height for the proposed “Inn on the Cliffs” buildings shall not exceed three stories or 45 feet as measured from the ground line at each point along the building to the highest point of the roof of the building. b. The Ritz Carlton Club units shall have a three- to four-story design with a maximum building height of 55 feet as measured from the ground line at each point along the building to the highest point of the roof of the building. c. The maximum building height for the Ritz Carlton Residence Town Homes Building A shall not exceed two (2) stories in design with a maximum building height of 35 feet as measured from the ground line at each point along the building to the highest point of the roof of the building. The single-family residential developments within Project Area “F” of the 2008 amended permits and Project Areas “A” and “C” of the proposed amendments shall comply with all applicable residential development standards of the Comprehensive Zoning Ordinance. Design plans initiated by the Applicant for the various phases of development within the Kaua‘i Lagoons Resort are acknowledged. Letter to Mr. Ka‘āina Hull Page 5 June 9, 2020 Construction of the 78-unit multi-family Kalanipu‘u development, consisting of three buildings, has been completed. The maximum building height for the Kalanipu‘u condominium buildings is 39 feet, 6 inches from the ground line measured at each point along the buildings to the highest wall plate line, which is less than the 40-foot height limit. The roof height is 9 feet, 5 inches, which is less than one-half (1/2) the wall height or 15 feet. For the previously approved 14-unit multi-family Parcel 9A - Building A (Inn on the Cliffs) and the 28-unit multi-family Parcel 9B - Building B (Ritz Carlton Club) in Project Area “C”, building permit approvals have been obtained and substantial construction of the structures has occurred. Subsequent to receiving Departmental Determination DD-2017-7, the Applicant reactivated building permit applications for the structures in Project Area “C” that envisioned a general reduction in overall density from what was approved in the Third amendment to the SMA Permit. Parcel 9A - Building A (Inn on the Cliffs) was reduced from 22 units to 14 units and Parcel 9B - Building B (Ritz Carlton Club) was reduced from 37 units to 28 units. Parcel 9A - Townhomes (formerly Ritz Carlton Residence Town Homes) remained at 5 units. The building permits were approved on July 27, 2017 and construction of Parcel 9A – Building A and Parcel 9B – Building B has been completed and construction of the five (5) Parcel 9A – Townhomes has been completed. As depicted on the approved building permit plans, the 14 condominium time share units within Parcel 9A - Building A (Inn on the Cliffs) were developed within the overall existing building footprint and two level building height approved for this development in the 2005 SMA Permit. The maximum building height for the Parcel 9A - Building A (Inn on the Cliffs building) is 45 feet from the ground line measured at each point along the building to the highest point of the roof of the building. The 28 condominium/time share units within Parcel 9B - Building B (Ritz Carlton Club) were developed within the overall existing building footprint and four level building height approved for this development in the 2005 SMA Permit. Consistent with the building permit plans, the maximum building height for Parcel 9B - Building B (Ritz Carlton Club) is 55 feet from the ground line measured at each point along the building to the highest point of the roof of the building. As depicted on building permit plans submitted by the Applicant to the County of Kaua‘i on April 27, 2016, the maximum building height for the Parcel 9A - Townhomes (Ritz Carlton Residence Townhomes) Building A in Project Area “C” is no more than 35 feet from the ground line measured at each point along the building to the highest point of the roof of the building. The single-family residential developments within Single-Family Subdivisions 1, 1A and 4 are intended to comply with the applicable residential development standards of the County’s Comprehensive Zoning Ordinance (CZO). The Applicant noted that no building will be more than two (2) stories above and one (1) story below from the finished grade at the main entry, over 20 feet measured from the finished grade at the main entry to the highest exterior wall plate line, and over 30 feet to the highest point of the roof measured from the finished grade at the main entry. The Applicant shall also follow the proposed architectural design guidelines that establish building design, roof design, building materials, and earth tone color schemes as shown on the pages 16, 26 and 44 of Volume II of the 2005 application, on pages A.00, E.00 and F.00 of Letter to Mr. Ka‘āina Hull Page 6 June 9, 2020 Volume II of the 2008 amended permits, and on pages A.00, B.00 and D.00 of the proposed amendments. The Applicant submitted design plans to the County for building permit approval for the Parcel 9A - Building A (Inn on the Cliffs), Parcel 9B - Building B (Ritz Carlton Club), Parcel 9A – Townhomes (the Ritz Carlton Residence Town Homes Building A), and the Parcel 8 - Timeshare (Marriott Vacation Club International Timeshare Project – Phase I), and the design of the constructed Kalanipu‘u condominiums and the 31-unit Kamāmalu Condominium affordable housing development which are in conformance with this condition. As previously indicated, based on the approved adjustments to the Kaua‘i Lagoons Resort’s master plan associated with the density approved in the Third Amendment to the SMA Permit, the Applicant submitted amended design plans to the County for building permit approval subsequent to receiving approval from the Planning Department for the adjusted 14-unit Parcel 9A - Building A (Inn on the Cliffs) development and the 28-unit Parcel 9B - Building B (Ritz Carlton Club) development. The building permits were approved by the County on July 27, 2017 and Parcel 9A – Building A and Parcel 9B – Building B were developed accordingly. The maximum building height for the Kamāmalu Condominium development is 27 feet from the ground line measured at each point along the building to the highest wall plate line, which is less than the 40-foot height limit. The roof height is 8 feet, 1 inch, which is less than one-half (1/2) the wall height or 15 feet. The single-family residential dwelling units to be developed within the Single-Family Subdivisions are intended to follow the proposed architectural design guidelines as shown on page F.00 of Volume II of the Amended SMA Permit and page A.00 of the Second Amended SMA Permit. Dwelling construction and lot landscaping is intended to be undertaken by the individual lot owners in accordance with the established design guidelines. The general appearance of the individual properties, such as architectural design criteria and landscaping requirements, will be controlled through design guidelines for the development and approved by the Resort Developer. The building design, color scheme samples, and landscape plans for the remaining phases of the project are under review by the Applicant and will be submitted to the Planning Department at the time of building permit application for the respective developments. As represented, the maximum building height for the proposed Golf Club House facility on TMK: 3-5-001: por. 173 shall not exceed 35 feet from finished grade at the main entrance of the building to the highest point of the roof. As part of the Resort’s revised master plan under the Applicant, the proposed new golf clubhouse was proposed to be relocated and integrated within the Commercial Complex (former Fashion Landing). Although the location is in the General Commercial (CG) District which allows a maximum height limit of 50 feet, the golf clubhouse was proposed to not exceed 35 feet in height. The Applicant has decided to forgo construction of a new golf clubhouse and has decided to keep the existing golf pro shop and cart barn in its existing location within the Parcel 8 - Timeshare development. Letter to Mr. Ka‘āina Hull Page 7 June 9, 2020 3. The applicant shall provide building design, color scheme samples, and landscape plans for each phase of the project for the review and approval of the Planning Department at the time of Building Permit and/or Subdivision Permit Application. The Applicant is encouraged to incorporate the use of native plants that are common to the area or endemic, indigenous, or Polynesian introduced in the landscape plans for each phase of the development. The landscape plan shall also include landscaping and/or landscape berm(s) along Haoa Street and Kapule Highway to address visual impacts of the project and to help minimize noise impacts from the highway to the residential project. To be complied with. The building designs, color scheme samples and landscape plans for the 78-unit Kalanipu‘u condominium development which has been built, the 22-unit Parcel 9A - Building A (Inn on the Cliffs) development, the 37-unit Parcel 9B - Building B (Ritz Carlton Club) development, and the completed 31-unit Kamāmalu Condominium affordable housing project were approved by the County Planning Department as part of the respective building permit approval process. As previously indicated, based on the approved adjustments to the Kaua‘i Lagoons Resort’s master plan associated with the density approved in the Third Amendment to the SMA Permit, the Applicant submitted amended design plans to the County for building permit approval subsequent to receiving administrative approval for the adjusted 14-unit Parcel 9A - Building A (Inn on the Cliffs) development and the 28-unit Parcel 9B - Building B (Ritz Carlton Club) development. The Applicant worked closely with the County Planning Department on the building designs, color scheme samples and landscape plans to ensure consistency with the intent of the existing permits. The building permit was approved on July 27, 2017 and Parcel 9A – Building A and Parcel 9B – Building B were developed accordingly and, as a result, the Planning Department reviewed and approved all such plans. As part of the building permit process for the 5-unit Parcel 9A – Townhomes (Ritz Carlton Residence Town Homes) and the Parcel 8 – Timeshare (Marriott Vacation Club International Timeshare Project – Phase I), the respective building designs, color scheme samples and landscape plans were submitted to the County for review and approval. As noted previously, the building permits for the 5-unit Ritz Carlton Residence Town Homes building were rescinded by the Applicant. The Applicant reactivated the building permit applications for the 5-unit 9A – Townhomes (Ritz Carlton Residence Town Homes) on April 27, 2016. The building permits were approved on July 27, 2017 and construction of Parcel 9A – Townhomes has been completed. As previously indicated, dwelling construction and lot landscaping of the single-family residential lots are intended to be undertaken by the individual lot owners in accordance with the established design guidelines. The general appearance of the individual properties, such as architectural design criteria and landscaping requirements, will be controlled through design guidelines for the development and approved by the Resort Developer. It is intended that the individual lot owners will provide building design, color scheme samples and landscape plans for their respective proposed dwelling units to the Planning Department for review and approval at the time of building permit application for the respective lots. Letter to Mr. Ka‘āina Hull Page 8 June 9, 2020 The building design, color scheme samples, and landscape plans for the remaining phases of the project are under review by the Applicant and will be submitted to the Planning Department at the time of building permit application for the respective developments. 4. The Applicant shall comply with the required setback distance to property lines for all of the buildings as approved by adjusting the building location or configuration and/or conducting boundary adjustments through the Subdivision process to obtain the land area with the adjacent lands to meet the required setback distances to the respective property line(s). Implementation of the required boundary adjustments for the Kalanipuʻu condominiums located in the Fashion Landing Commercial area was achieved through its final subdivision which was approved by the Planning Commission on February 26, 2008 (Kalanipu‘u Subdivision (S-2007- 22). The required boundary adjustments in other areas of the Kaua‘i Lagoons Resort were achieved through the Large Lot Subdivision (S-2008-2), of which approval was granted by the Planning Commission on September 9, 2008 and recertified by the County on September 23, 2008 and December 9, 2008. The Revised Large Lot Subdivision (S-2010-11) also allows for various boundary adjustments necessary to accommodate the planned master plan revisions of the Resort which have been approved through the Second and Third Amendments to Special Management Area SMA (U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U- 2005-25, and Class IV Zoning Permit Z-IV-2005-30 for the Kaua‘i Lagoons Resort, of which approvals were granted by the Planning Commission on August 11, 2009 and January 12, 2010, respectively. 5. As required under Condition No. 2 of Ordinance No. PM-2006-383, the Applicant shall provide documentation of the restriction on density in the subject property(ies) within Open District into the deeds of the affected property prior to building permit issuance for any development proposed in the amended area. Documentation of the restriction on density within the Open District lands of the Kaua‘i Lagoons Resort is included in the Declaration of Deed Restriction Concerning Density in the Open District Zone of Kaua‘i Lagoons Resort dated December 18, 2007 and recorded in the State Bureau of Conveyances on December 31, 2007 as Document No. 2007-223761 and Land Court Document No. 871,637. 6. As represented by the applicant and as recommended by the State Department of Transportation, the Applicant shall prepare a revised Traffic Impact Analysis Report (TIAR) for the Kaua‘i Lagoons Resort development that also includes the County’s proposed Vidinha Stadium Expansion project. The Applicant shall resolve with the State Department of Transportation (DOT) the execution of a Memorandum of Agreement which would address the specific improvements to be provided as set forth in the letter from the DOT dated May 22, 2008 and July 15, 2009. The Applicant had submitted to the DOT a revised TIAR for the Kaua‘i Lagoons Resort development that also includes the County’s proposed Vidinha Stadium Expansion project. A Memorandum of Agreement (MOA) was submitted by the Applicant to the DOT Highways Division on November 20, 2008 which identifies specific proposed roadway improvements and associated funding and construction consideration in association with the Kaua‘i Lagoons Resort development. The MOA includes specific improvements to be designed, permitted, funded, and Letter to Mr. Ka‘āina Hull Page 9 June 9, 2020 constructed at the Kapule Highway/Rice Street intersection, the Kapule Highway/Ninini Point Street/Hoolako Street (Vidinha Stadium Access Road) intersection, and the Kapule Highway/Haoa Street/Halau Street intersection. Based on review comments, the Applicant had submitted revised versions of the MOA to the DOT Highways Division which addresses the comments. In consideration of the ongoing MOA discussions between the DOT and the Applicant, by letter dated May 18, 2010 in regard to the preliminary Revised Large Lot Subdivision (S-2010-11), the DOT indicated that the Applicant appears to be in accordance with the various land use permits that have been approved for the Kaua‘i Lagoons Resort, and expects the Applicant will continue working with the DOT Highways Division to develop the MOA. The Applicant intend to continue to engage in ongoing discussions, as per the draft MOA, with the DOT Highways Division toward seeking resolution and ultimately execution of the MOA. Anticipating the execution of the MOA, and in consultation with the DOT, the Applicant worked on the design phase for the Kapule Highway/Rice Street intersection improvements. DOT approval of the conceptual design for the Kapule Highway/Rice Street intersection improvements was received on October 22, 2010, and the construction drawings were being reviewed by DOT. DOT approval of the final construction drawings for the Kapule Highway/Ninini Point Street/Hoolako Street (Vidinha Stadium Access Road) intersection improvements was received on July 8, 2011. Because of the time involved since the 2011 approval, DOT requested a resubmittal of the plans for the Kāpule Highway/Ninini Point Street/Ho‘olako Street (Vidinha Stadium Access Road) intersection improvements. Plans were resubmitted to DOT on March 28, 2016 and to DPW on April 21, 2016. DOT approved the plans on October 20, 2016. Construction of the improvements at the Kapule Highway/Haoa Street/Halau Street intersection was completed in February 2010 and accepted by the County, and subsequently dedicated to the County by the Applicant. The road improvements were wholly contained within the County’s Haoa Street. As also represented, the Applicant shall provide a primary vehicular access to the resort project from Kapule Highway to lessen the traffic impacts of the project at both the Rice Street/Kapule Highway intersection and at the existing entrance to the project along Rice Street. The improvements that are needed at the Kapule Highway entrance shall be resolved with the State Department of Transportation and the Department of Public Works. The Applicant shall submit a Supplemental Traffic Impact Analysis Report to the Department of Transportation indicating that the Kapule Highway entrance shall serve as primary access to the project. A supplemental traffic analysis dated September 2005 was conducted by the Applicant to address the Ninini Point Street Access and submitted as part of the Zoning Amendment application and Environmental Assessment for the Kaua‘i Lagoons Resort development in November 2005. In accordance with the recommendations of the supplemental traffic analysis, the Applicant proposed primary vehicular access to the Kaua‘i Lagoons Resort development from Kapule Highway at the Ninini Point Street intersection which will lessen the impacts at the existing vehicular access to the Resort along Rice Street. Anticipating the execution of the MOA, and in consultation with the DOT, DOT approval of the final construction drawings for the Kapule Highway/Ninini Point Street/Hoolako Street (Vidinha Stadium Access Road) intersection improvements was received on July 8, 2011. As noted previously, DOT requested a resubmittal of the plans for the Kāpule Highway/Ninini Point Street/Ho‘olako Street (Vidinha Stadium Access Road) intersection improvements. Plans were resubmitted to DOT on March 28, 2016 and to DPW on April 21, 2016. DOT approved the plans on October 20, 2016. Letter to Mr. Ka‘āina Hull Page 10 June 9, 2020 As further represented, the Applicant shall extend the right turn lane on Haoa Street at the intersection of Haoa and Kapule Highway and also provide a left turn “pocket” on Haoa Street at the entrance to the affordable housing project on TMK: 3-5-001: 165. In conjunction with the development of the Kamāmalu Condominium affordable housing project, the Applicant has constructed the extension of the right-turn lane on Haoa Street at the intersection of Haoa and Kapule Highway, and provided two left-turn pockets on Haoa Street at the two entrances to the affordable housing development. Construction of these improvements was completed in February 2010 and accepted by the County, and subsequently dedicated to the County by the Applicant. In addition, the Applicant shall consult with the DOT Airports Division on the possibility of utilizing the “Airport Road”, situated to the north of the project site and along the western boundary of the Airport Facility, to provide direct access from the Airport Facility to the resort property for vans and/or shuttle buses. The Applicant initiated discussion with the DOT Airports Division regarding use of the Airport Road to provide direct access from Līhu‘e Airport to the Kaua‘i Lagoons Resort for vans/shuttle buses. Approval was granted, and both the Kaua‘i Marriott Resort and Beach Club and Timbers Hōkūala use the access road for their shuttle buses and vans. In order to coordinate the requirements specified in the above, the applicant shall prepare a working plan providing a schedule covering the preparation of construction plans and construction timetables for the various roadway improvements, subject to the review and approval Public Works Departments, the State Department of Transportation, and Planning Department at time of Building Permit Application and/or Subdivision Application for projects that are granted subject permits. The Applicant has been in discussions with the DOT Highways Division regarding the schedule of the preparation of construction plans and construction timetables for the various roadway improvements in conjunction with the Kaua‘i Lagoons Resort development. The Applicant is in the process of reviewing the construction plans and proposes the following tentative schedule of improvements: Kapule Highway/Rice Street Intersection  Planning: Completed, subject to review by Applicant  MOA Process: Initiated in November 2008 with anticipated completion in November 2020  Design: Completed for a signalized intersection  Agency Approvals: Initiated in August 2012 with anticipated completion in July 2021  Land Acquisition: Initiated in August 2012 with anticipated completion in March 2022  Anticipated Construction: March 2022 to March 2023 Kapule Highway/Ninini Point Access Intersection  Planning: Completed, however, plans were resubmitted to DOT on March 28, 2016 Letter to Mr. Ka‘āina Hull Page 11 June 9, 2020  Design: Completed, however, plans were resubmitted to DOT on March 28, 2016  Agency Approvals: Initiated in May 2012 and completed in February 2017  Anticipated Construction: October 2021 to October 2022 The Applicant will submit a working plan providing a schedule covering the preparation of construction plans and construction timetables for the various roadway improvements to the DOT following consummation of the MOA for the specific roadway improvements to be provided in conjunction with the Kaua‘i Lagoons Resort development. The Kapule Highway/Haoa Street intersection improvements were completed by the Applicant in February 2010 in conjunction with the Kamāmalu Condominium affordable housing project. The intersection improvements were accepted by the County, and subsequently dedicated to the County by the Applicant. 7. As recommended by the Department of Public Works, Wastewater Division, the Applicant shall resolve the following requirements with the Department of Public Works: a. The STP Effluent Agreement dated August 14, 2001, as amended by Amendment to Agreement Regarding STP Effluent dated March 27, 2009 between Kaua‘i Lagoons LLC and the County of Kaua‘i shall remain in effect. b. The said agreement, as amended, reserves the Applicant with 290,000 gallons per day of treatment capacity at the Līhu‘e Wastewater Treatment Plant for its development up to twenty-one (21) years from the date of the amended agreement. c. The applicant shall meet with the Department of Public Works to negotiate an agreement for sewer capacity exceeding 290,000 gallons per day. d. The amended agreement stipulates that the County shall provide, and the applicant shall accept, up to 1.5 million gallons per 24 hour day (MGD) of R-1 quality treated effluent. If this condition cannot be met the applicant shall meet with the Department of Public Works to negotiate an agreement to dispose any of the unused effluent that remains from the 1.5 MGD discharged from the County’s Līhu‘e Wastewater Treatment Plant. e. All sewer improvements required for the development shall be designed and constructed to County standards. Should the sewer capacity for additional development on the property exceed 290,000 gallons per day, the Applicant acknowledges that it shall be subject to any applicable waiting or priority list established by the County of Kaua‘i for such service. The major provisions of the STP Effluent Agreement, as amended, in particular the transfer of lands to the County of Kaua‘i, have been completed. In accordance with covenant no. 5 of the STP Effluent Agreement, as amended, the Applicant shall dedicate, and the County shall accept, the existing Kaua‘i Lagoons Resort injection well after it has been upgraded. The upgrade of the existing injection well has been completed. Dedication documents were approved by the County Council on April 9, 2014. Documents have been executed and were recorded on May 21, 2014. Letter to Mr. Ka‘āina Hull Page 12 June 9, 2020 The Applicant has completed construction of the R-1 filtration and disinfection system upgrade at the Līhu‘e Wastewater Treatment Plant. The upgrade to R-1 quality water enables the use of high quality reclaimed water for all irrigation needs for the Kaua‘i Lagoons Resort’s golf courses and landscaping for the resort and residential common areas. Dedication documents were approved by the County Council on April 9, 2014. Documents have been executed and recorded on May 21, 2014. 8. The Applicant shall comply with Condition No. 6 of Ordinance No. PM-2006-383, and with the requirements of the Kaua‘i Lagoons Affordable Housing Amended Agreement, dated February 18, 2005. Amendment of the subject permits is approved for the development of 31 leasehold affordable housing units on TMK: 3-5-001: 165. As part of the Zoning Amendment approved by the County Council in September 2006 for the Kaua‘i Lagoons Resort (Ordinance No. PM-2006-383), the Kaua‘i Lagoons Affordable Housing Amended Agreement, effective February 18, 2005, was executed. In accordance with the Affordable Housing Amended Agreement, a total of 113 affordable housing units have been developed in conjunction with the Kaua‘i Lagoons Resort development which fully satisfy the requirements. Eighty-two (82) of these units have been built on an approximately 6.7-acre parcel identified as TMK: (4) 4-3-001: 14 within the Waipouli area. The remaining 31 affordable housing units, identified as the Kamāmalu Condominium, have been built within the western portion of the Kaua‘i Lagoons Resort property at the corner of Kapule Highway and Haoa Street on a 2.1-acre parcel identified as TMK: (4) 3-5-001: 165. The Amended Agreement was amended by a Second Amended Agreement with an effective date of February 18, 2005, and which was executed on December 11, 15, 17, and 18, 2008. The Second Amended Agreement extended the completion date of the 82 affordable housing units at the Waipouli site from February 18, 2009 to June 18, 2009. The Second Amended Agreement was further amended by a Third Amended Agreement with an effective date of February 18, 2005, and which was executed on May 18, 22 and 29, 2009 and June 4, 2009. The Third Amended Agreement further extended the completion date of the 82 affordable housing units at the Waipouli site from June 18, 2009 to August 17, 2009. The Third Amended Agreement was further amended by a Fourth Amended Agreement dated July 6, 2010, with an effective date of February 18, 2005. The Fourth Amended Agreement allows the remaining 29 unsold units of the 31-unit Kamāmalu Condominium to be offered for sale in fee simple, instead of being sold as 99-year leasehold units, and defines the manner and timing under which such fee simple units would be offered for sale. The Fourth Amended Agreement was further amended by a Fifth Amended Agreement dated and effective November 10, 2010. The Fifth Amended Agreement allows the remaining 41 units at the Waipouli site to be rented at market rental rates, without income restrictions on renters. 9. Applicant shall continue to allow public access over and across all existing public vehicular and pedestrian public accesses on the subject property. The Applicant shall provide the improvements shown on the Applicants updated Public Access Plan as represented on Figure 9, Volume I. The improvements shall include recreational shelters, shower and restroom facilities, a minimum of 10 public parking stalls at the eastern edge of the Fashion Landing area, and a Letter to Mr. Ka‘āina Hull Page 13 June 9, 2020 minimum of 10 public parking stalls at the western end of the project near Kukii Point. The Applicant shall also provide a lateral pedestrian public access beginning from the Fashion Landing area to the former “Inn on the Cliffs” area and on to Kukii Point. Existing public vehicular and pedestrian access will be maintained throughout the Kaua‘i Lagoons Resort. As part of Zoning Ordinance No. PM-2006-383, as amended by Zoning Ordinance No. PM-2009-394, a revised Roadway and Public Access Plan dated August 2006 was incorporated as part of the approval. In accordance with this condition and Condition No. 7 of Zoning Ordinance No. PM-2006-383, as amended by Zoning Ordinance No. PM-2009-394, a public lateral shoreline access between the former Inn on the Cliffs and former Fashion Landing, and public restrooms and shower facilities at the former Fashion Landing commercial area (beneath the restaurant) is provided within the Kaua‘i Lagoons Resort. A Grant of Pedestrian Access Easement document for the public lateral shoreline access located between the former Inn on the Cliffs and the former Fashion Landing area, between Kaua‘i Lagoons, LLC and MORI Golf (Kaua‘i), LLC (Grantor) and the County of Kaua‘i (Grantee) was executed and recorded in the Bureau of Conveyances as Document No. Doc A-44710562 on March 29, 2012. Also in accordance with this condition and Condition No. 7 of Zoning Ordinance No. PM-2006- 383, as amended by Zoning Ordinance No. PM-2009-294, the Applicant has completed construction of a public recreation/picnic shelter and shower facility near Running Waters Beach, just mauka of the planned public lateral shoreline access, and a public recreation/picnic shelter, shower and restroom facility further west and mauka of the planned public lateral shoreline access. Both of these public recreation facilities are available for public use. A total of 20 public beach parking stalls are also provided, including ten (10) stalls at the end of Kalapaki Circle and Pali Kai Cottages, and ten (10) stalls within the former Fashion Landing commercial area. 10. In order to comply with Condition No. 8 of Ord. No. PM-2006-383, all deeds or instruments transferring interest in the subject property, or in the structures or improvements therein, easements running in favor of the State of Hawai‘i, the Land Use Commission, and the County of Kaua‘i shall indemnify and hold the State of Hawai‘i and Land Use Commission and the County of Kaua‘i, harmless from any complaints or claims due to noise, odor, dust, mosquitoes, and other nuisances and problems emanating from the operation of the Līhu‘e Airport, the Līhu‘e Wastewater Treatment Plant, and specifically for the 31-unit affordable housing site, the operation of Līhu‘e Industrial Subdivision II. A master Declaration of Covenants, Conditions and Restrictions for Kaua‘i Lagoons Resort recorded in the State Bureau of Conveyances on March 14, 2008 as Document No. 2008-040613 and on March 18, 2008 as Document No. 3723797 includes the provision of assumption of release, waiver and indemnity by each owner of the parcels or units within the Resort resulting from various potential conditions within and adjacent to the Resort. 11. Pursuant to Condition No. 9 of Ordinance No. PM-2006-383, no residential, condominium, or hotel units shall be constructed within areas greater than the 60 DNL noise contour of the Līhu‘e Airport; provided, however, that such uses may be permitted within the 60 to 65 DNL noise contours, if there is an accompanying mitigation of interior noise to the 45 DNL noise level. Accessory uses and structures including garages and carports not used for human habitation or occupancy may be placed within the area greater than the 65 DNL noise contours. Letter to Mr. Ka‘āina Hull Page 14 June 9, 2020 To be complied with. The development’s design guidelines will be specific in referencing this requirement for interior noise mitigation as needed. For all residential development located between the 60 to 65 DNL noise contours, design guidelines will be established which would set forth the various door, window and exterior building envelope treatment measures to be followed in the construction of the units to achieve an interior noise level of 45 DNL. 12. The Applicant shall comply with any height restriction to be set by the State of Hawai‘i pursuant to specifications established in the FAA regulations for aviation easement purposes along the perimeter of the Līhu‘e airport runways. An aviation easement in a form prescribed by the State Department of Transportation shall be granted to the State of Hawai‘i by the Applicant, to cover the entirety of the Kaua‘i Lagoons Resort Property owned by the Applicant. Acknowledged and will be complied with. The Applicant has granted to the State DOT, Airports Division a Grant of Avigation and Noise Easement dated October 14, 2008, and recorded in the State Bureau of Conveyances as Document No. 2008-162922 pertaining to the operations of the adjacent Līhu‘e Airport. The Grant of Avigation and Noise Easement was amended by Amendment to 2008 Avigation Easement and Supplemental Grant of Avigation and Noise Easement dated April 9, 2010, and recorded in the State Bureau of Conveyances as Document No. 2010-050288. 13. If historic/cultural remains such as archaeological artifacts, charcoal deposits or human burials are found during construction, the Applicant shall stop work in the immediate area, and shall contact the State Historic Preservation Division SHPD at 742-7033, and the Planning Department, to determine appropriate action. Acknowledged and will be complied with. 14. In order to minimize adverse impacts on Federally Listed Threatened Species, such as Newell’s Shearwater and other seabirds, any external lighting used in the project shall be only of the following types: shielded lights, cut-off luminaries, or indirect lighting. Spotlights aimed upward or spotlighting of structures and landscaping on the project site shall be prohibited. The Applicant is advised that this condition shall also apply to the proposed single family lot subdivisions and the affordable housing project at the intersection of Haoa Street and Kapule Highway. All exterior lighting within the Kaua‘i Lagoons Resort will be designed in full compliance with mitigation requirements to protect threatened and endangered species. Any external lighting planned for the project will be shielded or of the cut-off luminaire or indirect lighting types, and/or directed downward. The use of spotlights aimed upward or spotlighting of structures and landscaping within the Kaua‘i Lagoons Resort will be prohibited. An audit of the lighting at Kauaʻi Lagoons Resort is performed annually by a biological consultant to determine if any particular lighting or lit areas within the resort development could inadvertently attract fledglings overflying the resort during the seabird season. If so, steps will immediately be taken to re-design, re-configure or eliminate any potential light attraction sources that may be responsible. The audit is part of the mitigation measures outlined in the Habitat Conservation Plan (2012) for the resort as approved by the State DLNR and USFWS. Letter to Mr. Ka‘āina Hull Page 15 June 9, 2020 15. The Applicant shall comply with all requirements established by the Department of Public Works, County of Kaua‘i, regarding drainage and erosion control, in order to minimize any adverse impact on Kalapaki Bay and adjoining off shore waters. A National Pollutant Discharge Elimination System (NPDES) General Permit coverage has been obtained for the Kaua‘i Lagoons Resort. An updated Master Drainage Study was prepared in May 2010 (initial Master Drainage Study dated August 2007, revised November 2007, May 2008, September 2008, January 2009, August 2009, and March 2010) for the Kaua‘i Lagoons Resort development and submitted to the DPW for review and approval. To accommodate the projected increase in runoff volume, a total of seven (7) detention basins will be provided throughout the Kaua‘i Lagoons Resort development, with lesser runoff to be diverted into the Resort’s existing lagoons. With the addition of the proposed detention basins and use of the existing lagoons, the flow rates and drainage patterns will be kept to pre-development levels, and runoff generated by the Kaua‘i Lagoons Resort will not adversely affect the adjacent properties and down-gradient areas. 16. In accordance with Section 9-2.8 of the KCC, the requirements relating to “Parks and Playgrounds” are applicable to the project and shall be resolved at the time of Subdivision and/or prior to building permit approval. Payment in the amount of $383,152.62 for the park dedication fee for the Kalanipu‘u condominium development was made to the Planning Department on December 4, 2007. Payment in the amount of $58,051 and $100,427 for the park dedication fees for the Parcel 9A – Building A (Inn on the Cliffs) and Parcel 9B – Building B (Ritz Carlton Club) developments, respectively, was made to the Planning Department on July 24, 2008. Payment in the amount of $200,838.01 for the park dedication fee for the Single-Family Subdivisions 1 and 4 development was made to the Planning Department on December 3, 2008. Payment in the amount of $121,478 for the park dedication fee for the Single Family Subdivisions 2 and 3 development was made to the Planning Department on April 23, 2009. Payments in the amounts of $75,334 and $1,169,980 for the park dedication fee for the Revised Large Lot Subdivision were made to the Planning Department on July 27, 2010 and September 17, 2010, respectively. Payment in the amount of $20,574.00 for the park dedication fee for Parcel 9A – Townhomes (Ritz Carlton Townhomes) was made to the Planning Department on February 1, 2017. Payment of the applicable park dedication fees for the remaining various Resort developments will be made prior to building permit approval for the respective developments. 17. In accordance with Section 11A-2.2 of the KCC, the Applicant shall submit to the Planning Department an Environmental Impact Assessment Fees (EIA) for the project. The EIA fee for the Multi-family unit project is based on $1,000 per unit and is due prior to building permit approval. The EIA fees for the single family residential project are due prior to Subdivision permit approval. Payment in the amount of $78,000 for the EIA fee for the Kalanipu‘u condominium development was made to the Planning Department on August 6, 2007. Payment in the amount of $14,000 for the EIA fee for the Parcel A – Building A (Inn on the Cliffs) development and $28,000 for the EIA fee for the Parcel 9B – Building B (Ritz Carlton Club) were made to the Planning Letter to Mr. Ka‘āina Hull Page 16 June 9, 2020 Department on February 11, 2008. Payment in the amount of $5,000 for the EIA fee for the 5- unit Parcel 9A – Townhomes (Ritz Carlton Residence Town Homes) was made to the Planning Department on July 29, 2008. Payment in the amount of $15,000 for the EIA fee for the Single- Family Subdivisions 1 and 4 was made to the Planning Department on September 30, 2008. Payment in the amount of $8,000 for the EIA fee for the Single-Family Subdivisions 2 and 3 was made to the Planning Department on January 16, 2009. Payment in the amount of $7,000 for the EIA fee for the Revised Large Lot Subdivision was made to the Planning Department on July 14, 2010. In accordance with Chapter 11A, Environmental Impact Assessment on Land Development, Article 2. Application, Section 11A-2.1 Exemptions (4), of the Kaua‘i County Code, as amended, payment of the applicable EIA fees for the 31-unit Kamāmalu Condominium affordable housing project is exempt since it is a privately-developed, low-cost housing project financed entirely by private funds and the sales prices are in accordance with standards established by the County Housing Agency. Payment of the applicable EIA fees for the remaining various Resort developments will be made prior to building permit approval for the respective developments. 18. The applicant shall continue to make available 200 hundred off-street parking stalls within the Project Area “D” for Kaua‘i Marriott Resort and Beach Club. The 200 parking stalls are incorporated in the revised Kaua‘i Lagoons Resort plan for the existing parking lot within the R-20 zoned area near the main entrance of the Resort. 19. As contained in Condition No. 18 of Ordinance No. PM-2006-383, substantial construction of 125 hotel or resort/residential units shall be completed within two (2) years from the effective date of the Ordinance. Substantial construction of an additional 125 units shall be completed within seven (7) years from the effective date of the Ordinance (total of two-hundred fifty (250) units), and the remainder of the 750 units (or five hundred (500) units) shall be completed within twelve (12) years from the effective date of the Ordinance. Substantial construction, as used herein, shall mean the laying of foundations. If substantial construction is not completed within this time frame, the Planning Commission may initiate proceedings to review the provisions of the zoning designations for the property, including, but not limited to additional infrastructure requirements. Relative to the 125 resort-residential units within the Kaua‘i Lagoons Resort that must be completed within two years from the effective date of the Ordinance, construction of the 78-unit Kalanipu‘u development has been completed, with units currently occupied by residents and time share owners. Substantial construction of the structures for the 14-unit Parcel 9A - Building A (Inn on the Cliffs) development, the 28-unit Parcel 9B - Building B (formerly Ritz Carlton Club building), and the 5-unit Parcel 9A - Townhomes (Ritz Carlton Residence Town Homes Building “A”) has been completed. Of the additional 125 units that must be substantially complete within seven years after the effective date of the Ordinance, foundation plans at Lot 8 have been submitted to the County on April 14, 2016 and approved on October 4, 2016. The permit was issued on October 5, 2016. The laying of foundations has been completed. Letter to Mr. Ka‘āina Hull Page 17 June 9, 2020 The timing of substantial construction of the remaining balance of the units is acknowledged. 20. As stated in Condition No. 19 of Ordinance No. PM-2006-383: “Pursuant to Chapter 4 (“Developing Jobs & Business”), Section 4.5.2 (“Supporting Business and Jobs for Kaua‘i Residents – Implementing Actions”) of the Kaua‘i General Plan (November 2000): “(c) In granting zoning and permits for new resorts and other business, the County shall seek commitments that businesses will actively recruit and train Kaua‘i residents to fill new jobs. To this end, the Applicant shall seek to actively recruit and train Kaua‘i residents to fill new jobs. To accomplish this, the applicant may cooperate with, and utilize, whatever government training programs and Kaua‘i Community College curricula which may be available so that Kaua‘i residents may be trained to fill such newly-generated jobs. The Applicant may also work to actively recruit Kaua‘i residents to participate in such job training programs and curricula.” To be complied with. 21. In accordance with Condition No. 20 of Ordinance No. PM-2006-383, “to the extent possible within the confines of union requirements and applicable legal prohibitions against discrimination in employment, the Applicant shall seek to hire Kaua‘i contractors as long as they are reasonably competitive with other contractors, and shall seek to employ residents of Kaua‘i in temporary construction and permanent resort related jobs. It is recognized that the Applicant may have to employ non-Kaua‘i residents for particular skilled jobs where no qualified Kaua‘i resident possesses such skills. For the purposes of this condition, the Council shall relieve the Applicant of this requirement if the Applicant is subjected to anti-competitive restraints on trade or other monopolistic practices”. To be complied with. 22. The Applicant shall consider the application of Leadership in Energy and Environmental Design (LEED) standards and strategies wherever feasible for sustainable site, utilities and building development. The Kaua‘i Lagoons Resort development proposes to incorporate the application of Leadership in Energy and Environmental Design (LEED) standards and strategies, to the extent deemed economically feasible, to achieve sustainable site, utilities and building development. The following green principles and strategies being implemented within the Resort development include the following: Sustainable Sites:  Control storm water runoff on-site. The project’s design will reuse the majority of the storm water volume generated for non-potable uses. Storm water runoff will be captured and returned to the lagoons or retained on-site.  Develop an erosion and sedimentation control plan meeting the construction activity pollution prevention criteria. This would include reducing pollution from construction Letter to Mr. Ka‘āina Hull Page 18 June 9, 2020 activities by controlling soil erosion, waterway sedimentation and airborne dust generation.  Reduce the roof heat island effect by using Energy Star compliant, high-reflectance and low emissivity roofing at flat roof areas.  Minimize light pollution by designing exterior lighting to reduce fixture lumens emitted at an angle of 90 degrees or higher from nadir (straight down).  Promote alternative transportation by providing secure bicycle storage and locker room facilities.  Provide pedestrian linkages within the Resort development and to Island-wide public transportation. Water Efficiency:  Achieve water and energy savings by selectively deleting cooling towers and utilizing the Resort development’s lagoons as a heat sink in lieu of typical heating, ventilation and air conditioning (HVAC) systems.  Design for low irrigation water usage and utilize non-potable water for landscape irrigation. The project’s irrigation will utilize water from the Resort’s lagoons, on-site wells, and R-1 quality recycled wastewater effluent from the County’s Līhu‘e WWTP. Potable water for irrigation of the project’s landscaping will be minimized or eliminated.  Reduce potable water usage through use of high efficiency plumbing fixtures. Energy and Atmosphere:  Assess building energy demand and perform fundamental building commissioning.  Reduce energy demand through specification of efficient lighting fixtures and LED lamping, and mechanical equipment. Specify Energy Star rated appliances that will reduce electric consumption. Use high performance glazing to achieve an increased level of performance and reduction in energy use.  Energy consumption reduction through design modeling.  Incorporate refrigerants that do not utilize ozone depleting chemicals such as Chloro- fluoro-carbons (CFCs). Indoor Environmental Quality:  Design HVAC systems to monitor air delivery.  Propose low Volatile Organic Compound (VOC) materials, such as adhesive and sealants, paints and coating, and carpet systems.  Require a construction management plan for the proper storage, installation and maintenance of HVAC systems to minimize particulate and organic contaminants. Implement an Indoor Air Quality (IAQ) Management Plan during pre-occupancy phases that protects the HVAC system during construction, controls pollutant sources and interrupts contamination pathways.  Design indoor spaces such as janitor closets and copying rooms with separate ventilating systems to control indoor pollutant sources.  Provide lighting control systems that reduce light usage and sensors for day lighting to reduce energy consumption.  Provide building occupants with options for thermal comfort and control.  Design spaces with views to the exterior and options for natural ventilation. Letter to Mr. Ka‘āina Hull Page 19 June 9, 2020 Innovation and Design Process:  Create and implement a Green education program to share green strategies with Resort employees and guests through graphic stations and self-guided tours.  Provide a post-occupancy ongoing pest management program with an emphasis on effective use of Green pesticides and techniques.  Implement a green housekeeping program.  Consider carbon neutral building products.  Incorporate use of low VOC furniture.  Incorporate use of low-content mercury lighting.  Implement the joint Federal-State Habitat Conservation Plan in accordance with the requirements of Section 10 of the Endangered Species Act, as amended, and Section 195D, HRS. Waste Stream Diversion:  During construction, develop a solid waste management plan to segregate and store materials for recycling (paper, wood, cardboard, glass, metals, and plastics) and minimize construction, demolition and land clearing debris from disposal in the County’s landfill.  Reuse concrete from the demolition of existing buildings and other infrastructure within the Resort development as non-expansive granular fill in areas deemed appropriate for such reuse.  Utilize locally-produced materials such as aggregate and concrete wherever feasible and applicable.  Incorporate waste diversion and reduction facilities into the design of the project and encourage recycling of materials at the project during the operations phase. Implement a solid waste management plan to provide for recycling of cardboard, aluminum, glass, plastic, and green waste, and participation in the State’s “high five” program. Incorporate recycling and waste collection facilities at each development area within the Resort development. Employ composting of all greenwaste on-site for the project’s golf course and landscaped areas. 23. The Applicant shall seek to establish and designate emergency shelters within the Resort which would be available for use during natural disasters. To be complied with; see Appendix A included herein. 24. As recommended by the Department of Water, the applicant shall resolve the following with the Department of Water (DOW): a. Submit detailed water demand calculations along with proposed water meter size. Water demand calculations should include fixture count and water meter sizing worksheets. These calculations shall include but not be limited to domestic, irrigation and other applicable water demands of this project along with the proposed water meter size. If the existing water meters will be used to provide water service to this development, water demand calculations will be required for the existing and proposed uses and shall include the existing and proposed unit counts. The Water Department’s comments may change depending on the approved water demand calculations. Letter to Mr. Ka‘āina Hull Page 20 June 9, 2020 b. Prepare and receive DOW’s approval of construction drawings for necessary water system facilities and construct said facilities. These facilities shall include but not be limited to: 1. The domestic service connection and fire service connection, if applicable 2. The interior plumbing plans with the appropriate backflow prevention device, if applicable, 3. Additional source facilities for this area. The applicant may wait until others (including the DOW) to construct additional source for this area. The DOW is in the process of obtaining additional source for this area. Grove Farm is constructing a Surface Water Treatment Plant, which will provide additional water capacity for the Līhu‘e Area. Upon completion of this SWTP the DOW will reassess their water situation in the Līhu‘e area. 4. Additional storage facilities of this area. The applicant may wait until others (including DOW) to construct additional storage for this area. c. Pay the applicable charges in effect at the time payment is made to the Water Department. At the present time, these charges shall include: 1. The Facilities Reserve Charge (FRC) of either $4,600 per unit or the facilities reserve charge as determined by the approved water meter size, whichever amount is larger. The Applicant noted that an existing 4-inch water meter would continue to serve the Kaua‘i Lagoons Resort development and would be used to supply water to various existing, planned and proposed projects within the initial phase of development, including the Kalanipu‘u condominiums, the 31-unit affordable housing development, one public recreation/picnic shelter, the planned golf clubhouse at the former Fashion Landing, the planned 34 single-family residential lots in the Single-Family Subdivisions 1 and 4, and fitness center at the former Fashion Landing complex. The Applicant noted that two (2) existing 6-inch water meters shared between the Kaua‘i Marriott Resort and Beach Club, the Kaua‘i Lagoons Resort, and the nearby Pali Kai Homes, would be used to supply water to other planned and proposed projects within the development, including the Parcel 9A – Building A (Inn on the Cliffs), the 5-unit Parcel 9A – Townhomes (Ritz Carlton Residence Town Homes building), the Parcel 9B – Building B (Ritz Carlton Club Makali‘i Building “A”), the planned 20 single-family residential lots in Single-Family Subdivisions 2 and 3, a portion of the planned Marriott Vacation Club International Timeshare Project – Phase I, the proposed 11 single-family residential lots in Single-Family Subdivision 7, one public recreation/picnic shelter, the planned central operations building with a marketplace/café, the planned landscape maintenance facility, a future spa for the Kaua‘i Marriott Resort and Beach Club, and the Kaua‘i Marriott Resort and Beach Club renovations. Pursuant to the County Department of Water (DOW) approval, the Applicant envisioned that a new 8-inch water meter would be installed at the existing 4-inch water meter location to supply water for the remainder of the Kaua‘i Lagoons Resort development, including the planned Marriott Vacation Club International Timeshare Project – Phase 2, the planned Makali‘i Buildings B and C, the proposed Marriott Vacation Club International Timeshare Project – Letter to Mr. Ka‘āina Hull Page 21 June 9, 2020 Sequel 2, the planned restaurant at the former Fashion Landing complex, and a proposed greeter station (Ninini Point Street). A Water Study Report (January 2005, Revised July 24, 2007) was prepared for the Kaua‘i Lagoons Resort which includes water demand calculations for existing and proposed uses for domestic and irrigation demands. The Water Study Report was approved by the DOW by letter dated August 23, 2007. Subsequently, an Updated Water Study Report (May 2008) was prepared to allocate the residual capacity of the two (2) 6-inch water meters and to update the fixture unit counts for the Resort development. The Updated Water Study Report was submitted to the DOW on May 6, 2008 for review and approval. Based on comments from the DOW, an Updated Water Study Report (Revised July 16, 2008) was submitted and conditionally approved by the DOW by letter dated August 22, 2008. Based on subsequent comments from the DOW, a Final Updated Water Study Report (Revised November 25, 2008) was approved by the DOW by letter dated December 1, 2008. Based on the Kaua‘i Lagoons Resort’s revised 772-unit density master plan, an Updated Water Study Report (Revised March 2010) was prepared and approved by the DOW by letter dated June 9, 2010. Subsequently, an Updated Water Study Report (Revised June 2011) was prepared to reflect the revised building schedule for the fitness center at the former Fashion Landing complex, and was approved by the DOW by letter dated June 24, 2011. Currently, there is adequate source and storage for the proposed and planned Resort developments that will obtain water from the existing 4-inch water meter and the two (2) existing 6-inch water meters. The remainder of the Resort development to be served by the new 8-inch water meter to be installed at the existing 4-inch water meter location will require additional domestic water supply. A separate Water Study Report (October 3, 2008) was prepared by the Applicant to determine the balance of the potable water system capacity and the extent of system improvements needed to serve the remainder of the Kaua‘i Lagoons Resort development. The Water Study Report was submitted to the DOW for review and approval. The Applicant will be coordinating with the DOW regarding additional source and storage requirements for the remainder of the Kaua‘i Lagoons Resort development. Timbers Resorts has submitted a revised water master plan for Hōkūala dated November 9, 2015 to the County of Kaua‘i DOW. The Plan was subsequently revised and resubmitted on June 14, 2016. The June Plan is under review by DOW. Adequate on-site fire protection will be provided. Payment in the amount of $73,600 for the Facilities Reserve Charge (FRC) for the Kalanipu‘u condominiums was made to the DOW on November 27, 2007 as part of the building permit process for that development. Payment in the amount of $64,400 for the Parcel 9A – Building A (Inn on the Cliffs) and in the amount of $128,800 for the first building of the Parcel 9B – Building B (Ritz Carlton Club) was made to the DOW on April 23, 2008 as part of the building permit process for the respective developments. Payment in the amount of $23,000 for the Parcel 9A – Townhomes (Ritz Carlton Residence Town Homes Building A) was made to the DOW on July 29, 2008. Payment in the amount of $161,000 for the FRC for the Single-Family Subdivisions 1 and 4 was made to the DOW on October 23, 2008. Payment in the amount of $92,000 for the FRC for the Single-Family Subdivisions 2 and 3 was made to the DOW on Letter to Mr. Ka‘āina Hull Page 22 June 9, 2020 October 23, 2008. Payment in the amount of $59,800 for the FRC for the Revised Large Lot Subdivision was made to the DOW on July 14, 2010. Payment for the applicable FRC for the remaining Resort developments will be made prior to the respective building permit approvals at rates prevailing at the time. 25. The applicant shall resolve and comply with applicable conditions or requirements as recommended by the State Health Department, County Fire Department, County Public Works Department, County Department of Public Works Building Division, County Department of Water, United States Postal Service, U.S. Fish and Wildlife Service, and State Department of Transportation. To be complied with. 26. The Planning Commission reserves the authority to impose additional conditions, modify or delete conditions stated herein, or revoke the subject permits through proper procedures should the applicant fail to comply with the conditions of approval. Acknowledged. 27. Due to the phasing of the overall master plan, the applicant is advised that additional government agency conditions may be imposed, including but not limited to, procedural requirements and processes for the overall resort master plan to be implemented under the subject permits. Actions proposed by the Applicant are subject to the rules and regulations deemed applicable at that time. It shall be the applicant’s responsibility to resolve those conditions and processes with the respective approving authorities. Acknowledged. 28. The Applicant shall provide an annual report to the Planning Commission, which shall be submitted to the Planning Department 30 days prior to the annual anniversary date of approval of the amendments considered herein. The annual report shall include the progress and status of the project and compliance with all conditions of approval. An annual report shall be provided until project completion and compliance with all conditions of approval. Acknowledged and will be complied with. 29. Details of the design of the proposed bus stop with a bench and shelter to be constructed/installed by the Applicant, at no cost to the County of Kaua‘i, at the location recommended by the County Transportation Agency near the main entryway to the Kaua‘i Lagoons Resort shall be resolved by the Applicant with the County Transportation Agency, Planning Department and Department of Public Works prior to construction plan approval of the Resort’s planned central operations facility. Acknowledged and will be complied with. The development of the earliest Kaua‘i Lagoons Resort projects and facilities that would result in additional employees is anticipated to occur by June 2022. Provision of the County bus stop will not be required until additional Kauaʻi Lagoons Resort projects and facilities are developed prompting the necessary demand to warrant its Letter to Mr. Ka‘āina Hull Page 23 June 9, 2020 construction. Details of the proposed bus stop and shelter will be resolved with the Planning Department and Department of Public Works at that time prior to future construction plan approval. 30. The Applicant shall provide sidewalks along the Resort Drive and Lagoon Drive and in view of the requirements for sidewalks for RR-10, RR-20 and R-20 multi-family residential districts, the Applicant shall resolve with the Planning Department and Building Division, detailed location of sidewalk or pedestrian path improvements and design that are interconnected with the proposed public shoreline access, including but not limited to, segments of the Nawiliwili-Ahukini Bike and Pedestrian Path improvements proposed to be provided on lands owned by the Applicant. Through the Revised Large Lot Subdivision (S-2010-11), a modification of the requirement was granted to allow the approximately 1,050 linear-foot long segment of Road Lot E (Ala ‘Oli Way) located east of its intersection with Holokāwelu Way to be exempt from the requirements relative to the provision of curbs, gutters and sidewalks as set forth in Section 9-2.3 (e) (3) of the Subdivision Ordinance of the Kaua‘i County Code of Ordinances, as amended. This segment of Road Lot E is a dead-end street which will serve eight (8) adjacent single-family residential lots which are part of the Revised Large Lot Subdivision. Road Lot E will be privately owned and maintained. In lieu of curbs, gutters and sidewalks, the shoulders of this segment of Road Lot E consist of a 10-foot wide grassed swale along the mauka side of the road pavement, and a 12-foot wide grassed swale along the makai side of the road pavement. The provision of grassed swales is intended to impart a more natural, rural character to the adjacent single-family subdivision, similar to that of the Kaua‘i Lagoons Resort’s Single-Family Subdivisions 1 and 4 (S-2008-24) and Single-Family Subdivisions 2 and 3 (S-2009-06) which were approved by the Planning Commission on December 9, 2008 and May 12, 2009, respectively. The grassed swales are also intended to promote sustainable sites by providing increased pervious surface areas to control storm water runoff. All other improvements to this segment of Road Lot E have been developed to existing County standards. The remaining western segment of Road Lot E of approximately 850 linear feet has been developed to existing County standards, including the provision of curbs, gutters and sidewalks. An updated Roadway and Public Access Plan which was included as part of the Second Amendment to the SMA (U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U- 2005-25, and Class IV Zoning Permit Z-IV-2005-30 approved by the County Planning Commission on August 11, 2009 depicts existing and proposed public access throughout the Resort, including the planned public lateral shoreline access between the Parcel 9A – Building A (Inn on the Cliffs) and Commercial Complex (Fashion Landing). The Applicant has coordinated with the County DPW Building Division regarding integration of segments of the County’s proposed Nawiliwili-Ahukini Shared-Use Path improvements within the Resort. The Applicant is committed to maintaining ongoing coordination with the DPW Building Division in working out details of the shared-use path improvements and associated easement locations within the Kaua‘i Lagoons Resort as the planning and design phases of the shared-use path project progresses by the County. Letter to Mr. Ka‘āina Hull Page 24 June 9, 2020 This condition will be complied with for the remainder of the Resort development 31. As recommended by the Department of Public Works, Solid Waste Management Division, the Applicant shall prepare a solid waste management plan (SWMP) with a section detailing a “job- site recycling and waste reduction system” for demolition and construction activities and a separate section detailing the recycling and waste reduction system for operations phase activities. The SWMP shall be submitted to the Department of Public Works for review and approval, prior to commencement of demolition and construction activities for each respective component of the project. A construction phase SWMP was developed and implemented for each of the construction phases previously underway within the Resort, and for all future phases of activity. The Applicant has prepared a SWMP for the operations phase activities of the Kaua‘i Lagoons Resort, which was approved by the County DPW Solid Waste Division by memorandum dated January 7, 2009. The SWMP provides for recycling of cardboard, metal, glass, paper, plastic, and green waste, as well as participation in the State’s “HI-5” program. The Applicant also prepared an updated SWMP for the operations phase activities to include the additional 22-unit density approved through Zoning Ordinance No. PM-2009-394. The updated SWMP was approved by the County DPW Solid Waste Division by memorandum dated October 27, 2010. 32. A dedication deed executed by Kaua‘i Development LLC in a form approved by the Office of the County Attorney for TMK 3-5-1: 102 shall be submitted to the Planning Department prior to any further building permits approved by the Department. The Dedication Deed from Kaua‘i Development, LLC to the County of Kaua‘i, effective May 5, 2010, conveying the parcel identified as TMK: (4) 3-5-001: 102, was recorded in the State Bureau of Conveyances as Document No. 2010-061330. Should you have any questions, please feel free to call me at (808) 946-2277. Sincerely, Rebecca Candilasa Project Manager Cc: Gary W. Moore, Jr. Gary Siracusa Michael Belles Enclosures PLANNING COMMISSION THE COUNTY OF KAUA 'I KA 'AINA S. HULL, CLERK OF THE COMMISSION October 14 , 2020 Keala Cheng , Associate Director -Planning WILSON OKAMOTO CORPORATION 1907 South Beretania Street Artesian Plaza , Suite 400 Honolulu , Hawai 'i 96826 Subject: 2020 Annual Status Report .......... ltrc' ...• 1 Special Management Area Use Permit SMA(U)-2005-8 Project Development Use Permit PDU-2005-26 Class IV Zoning Permit Z-IV-2005-30 Use Permit U-2005-25 Glen d a Nogami Streufert CHAIR DonnaApisa VlCE-CHAJR Melvin Chiba Helen Cox Fra nci s DeGracia Roy Ho Lori Otsuka MEMBERS Tax Map Keys : (4) 3-5-001 :027 , 168 , 169 , 171 , 172 , 175 , and 176 Uhu 'e, Kaua 'i HOKOALA RESORT (formerly Kaua 'i Lagoons LLC./Mori Golf (Kaua'i) LLC .), Applicant Dear Mr. Cheng , The Planning Commission at its meeting held on October 13, 2020 accepted the 2020 Status Report . However, please be advised that in order to meet future annual status report deadlines and in compliance with Condition No . 28 of the permits , the next status report shall be submitted no later than thirty (30) days prior to the annual anniversary date of the permit approval. If you have further questions regarding this matter, please contact Dale A. Cua of my staff at (808) 241-4050 . ?}A-~ \~ Clerk , Kaua 'i Planning Commission cc: Gary Siracusa/HokOala Resort www.ka u a i.gov 4444 Rice Street Suite A473 • Llhu'e, Hawai'i 96766 • (808) 241-4050 (b) • (808) 241-6699 (f) An Equal Opportunity Employer V:\2005 Master Files \Regulatory\Zoning Pe rmi ts\Class IV\Z ·IV -2 005 -30 \2020 Annua l Report\Appra va/-5 10 .14.20 DC Kauailagoons .MOR/ Go/f_2020Stotus Rpt .dacx EXHIBIT G Letters of Agent Authorization Dated April 15, 2021 EXHIBIT H Title Report for Tax Map Keys: (4) 3-5-004: 100 to 109 Title Report for Tax Map Keys: (4) 3-5-001: 027 and 168 Title Report for Tax Map Key: (4) 3-5-001: 177 202047470 © Title Guaranty of Hawaii, LLC Page 1 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 PRELIMINARY REPORT (No Liability Hereunder) This report (and any revisions thereto) is issued solely for the convenience of the titleholder, the titleholder's agent, counsel, purchaser or mortgagee, or the person ordering it for the purpose of facilitating the issuance of a policy of title insurance by Title Guaranty of Hawaii, LLC and no liability will arise under this report. -------------------------------------------- SCHEDULE A Title Guaranty of Hawaii, LLC (the "Company") hereby reports that, subject to those matters set forth in Schedule "B" hereof, the title to the estate or interest to the land described in Schedule "C" hereof is vested in: TOWER KAUAI LAGOONS SUB 1, LLC, a Delaware limited liability company, as Fee Owner This report is dated as of October 26, 2020 at 8:00 a.m. Inquiries concerning this report should be directed to: Title Officer - Lisa Nagata; Office: (808) 533-5821 Email: lnagata@tghawaii.com Please reference Title Order No. 202047470. 202047470 © Title Guaranty of Hawaii, LLC Page 2 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B EXCEPTIONS 1. Real Property Taxes, if any, that may be due and owing. Items in Schedule C are covered by Tax Keys: Item One: (4) 3-5-004-100. Item Two: (4) 3-5-004-101. Item Three (4) 3-5-004-102. Item Four: (4) 3-5-004-103. Item Five: (4) 3-5-004-104. Item Six: (4) 3-5-004-105. Item Seven: (4) 3-5-004-106. Item Eight: (4) 3-5-004-107. Item Nine: (4) 3-5-004-108. Item Ten: (4) 3-5-004-109. 2. Mineral and water rights of any nature. 3. The terms and provisions contained in DEED dated June 29, 1977, recorded in Liber 12300 at Page 260. 4. CERTIFICATE OF CONDITIONS dated May 16, 1984, recorded in Liber 17931 at Page 249, by AMFAC PROPERTY DEVELOPMENT CORPORATION, a division of AMFAC, INC., a Hawaii corporation. 5. RIGHT OF ENTRY in favor of CITIZENS UTILITIES COMPANY, whose interest is now held by KAUAI ISLAND UTILITY CO-OP, and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED (now known as HAWAIIAN TELCOM, INC.), dated July 24, 1986, recorded in Liber 19887 at Page 53. 6. The terms and provisions contained in DEED dated March 25, 1987, recorded in Liber 20496 at Page 304, as corrected in CORRECTION DEED (The Kauai Lagoons - Lots 2, 5, 6, 7, 8, 10 and 11) dated as of January 15, 1988, recorded in Liber 21584 at Page 334. 202047470 © Title Guaranty of Hawaii, LLC Page 3 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 7. RIGHT OF ENTRY dated September 24, 1987, recorded in Liber 21309 at Page 338, in favor of CITIZENS UTILITIES COMPANY, whose interest is now held by KAUAI ISLAND UTILITY CO-OP, and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED (now known as HAWAIIAN TELCOM, INC.). 8. GRANT in favor of HEMMETER-VMS KAUAI COMPANY, a Hawaii limited partnership, dated January 15, 1988, recorded in Liber 21584 at Page 403; granting a nonexclusive right and easement for drainage purposes (over and across former Lot 4 of File Plan 1905). 9. The terms and provisions contained in FILE PLAN 1905 SUBDIVISION AGREEMENT dated January 15, 1988, recorded in Liber 22624 at Page 432, by and among the COUNTY OF KAUAI, HEMMETER-VMS KAUAI COMPANY I and the LIHUE PLANTATION COMPANY, LIMITED. 10. The terms and provisions contained in AGREEMENT RE STP EFFLUENT dated January 15, 1988, recorded in Liber 22625 at Page 761, by and among the County of Kauai, Hemmeter-VMS Kauai Company I and Hemmeter-VMS Kauai Company II. Amended by unrecorded AGREEMENT RE: STP EFFLUENT (CONTRACT NO. 6582) dated August 14, 2001, by and between KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation, and the COUNTY OF KAUAI, a political subdivision of the State of Hawaii. 11. ROADWAY AND UTILITY EASEMENT AGREEMENT dated January 30, 1991, by and among HEMMETER-VMS KAUAI COMPANY I, a Hawaii limited partnership, HEMMETER-VMS KAUAI COMPANY II, a Hawaii limited partnership, KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation, and KAUAI LAGOONS HOTEL COMPANY, LTD., a Hawaii corporation, filed as Land Court Document No. 1797886, recorded as Document No. 91-012273. 202047470 © Title Guaranty of Hawaii, LLC Page 4 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED ASSIGNMENT AND ASSUMPTION OF GOLF COURSE PROPERTY USE AGREEMENTS dated May 21, 1993, filed as Land Court Document No. 2037177, recorded as Document No. 93-100641. ASSIGNMENT AND ASSUMPTION OF GOLF AND TENNIS PLAY AGREEMENT AND OTHER AGREEMENTS dated July 1, 1994, filed as Land Court Document No. 2160571, recorded as Document No. 94-111079. FIRST AMENDMENT TO ROADWAY AND UTILITY EASEMENT AGREEMENT dated August 3, 1994, recorded as Document No. 94-129352. Said Amendment was also filed as Land Court Document No. 2178041. SECOND AMENDMENT TO ROADWAY AND UTILITY EASEMENT AGREEMENT dated October 13, 2011, filed as Land Court Document No. T-9115235, recorded as Document No. A-54630719. 12. The terms and provisions contained in DEED dated January 30, 1991, recorded as Document No. 91-012227. 13. The terms and provisions contained in DEED dated January 30, 1991, recorded as Document No. 91-012228. 14. GRANT in favor of the UNITED STATES OF AMERICA, represented by the Federal Aviation Administration, dated August 16, 1991, recorded as Document No. 91-120459; granting a restricted airspace area having a radius of 1,200 feet from the VORTAC site, which includes the right to restrict construction of certain above ground structures described therein. 202047470 © Title Guaranty of Hawaii, LLC Page 5 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 15. The terms and provisions contained in CERTIFICATE AND AUTHORIZATION dated November 6, 1991, recorded as Document No. 92-081744, made by and among WM. HYDE RICE, LIMITED, a Hawaii corporation, KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation, KAUAI LAGOONS BEACH HOTEL COMPANY, LTD., a Hawaii corporation, HEMMETER-VMS KAUAI COMPANY I, a Hawaii limited partnership, HEMMETER-VMS KAUAI COMPANY II, a Hawaii limited partnership, and HEMMETER-VMS KAUAI COMPANY III, a Hawaii general partnership. 16. The terms and provisions contained in unrecorded AGREEMENT dated June 1, 1992, of which a MEMORANDUM is filed as Land Court Document No. 1937365, recorded as Document No. 92-123466, by and between KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation, and ANDREW LELAND NICKLES. 17. The terms and provisions contained in unrecorded MARRIOTT KAUAI HOTEL USE AGREEMENT dated August 3, 1994, of which a SHORT FORM HOTEL USE AGREEMENT is dated August 3, 1994, filed as Land Court Document No. 2169456, and recorded as Document No. 94-129350, by and between KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation, and MARRIOTT KAUAI, INC., a Delaware corporation, and MARRIOTT KAUAI OWNERSHIP RESORTS, INC., a Delaware corporation, for a term commencing on the "Re-Opening Date" and terminating on December 31, 2015. ASSIGNMENT AND ASSUMPTION OF MARRIOTT KAUAI HOTEL USE AGREEMENT dated as of June 15, 2001, by and between MARRIOTT KAUAI, INC, a Delaware corporation ("Assignor"), and HPTMI HAWAII, INC., a Delaware corporation ("Assignee"), filed as Land Court Document No. 2716830, recorded as Document No. 2001-097931. 202047470 © Title Guaranty of Hawaii, LLC Page 6 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 18. The terms and provisions contained in unrecorded KAUAI LAGOONS RESORT GOLF AND TENNIS PLAY AGREEMENT dated August 3, 1994, by and between KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation ("Resort Company"), and MARRIOTT KAUAI, INC., a Delaware corporation, ("Hotel Company"), of which a SHORT FORM GOLF AND TENNIS PLAY AGREEMENT is dated August 3, 1994, filed as Land Court Document No. 2169457, and recorded as Document No. 94- 129351, on and over the premises described herein, for a term commencing on the date on which Hotel Company acquires title to Hotel Property, and terminating on March 30, 2060. ASSIGNMENT AND ASSUMPTION OF KAUAI LAGOONS GOLF AND TENNIS PLAY AGREEMENT dated as of June 15, 2001, filed as Land Court Document No. 2716832, recorded as Document No. 2001-097935, by MARRIOTT KAUAI, INC., a Delaware corporation, as "Assignor", and HPTMI HAWAII, INC., a Delaware corporation, as "Assignee". MEMORANDUM OF LEASE AGREEMENT dated effective as of June 15, 2001, by and between HPTMI HAWAII INC., a Delaware corporation ("Landlord"), and HPT TRS MI-135, INC., a Delaware corporation ("Tenant"), filed as Land Court Document No. 2716833, recorded as Document No. 2001-097936. FIRST AMENDMENT TO SHORT FORM GOLF AND TENNIS PLAY AGREEMENT dated April 18, 2008, filed as Land Court Document No. 3736831 and recorded as Document No. 2008-061422. MEMORANDUM OF LEASE AGREEMENT OF MARRIOTT'S KAUAI RESORT AND BEACH CLUB, OWNER AND DEVELOPER RIGHTS UNDER DECLARATION OF CONDOMINIUM PROPERTY REGIME, AND PARKING SUBLEASE dated as of January 1, 2008, filed as Land Court Document No. 3736832, recorded as Document No. 2008-061423, by and between HPTMI HAWAII, INC., a Delaware corporation, and ESSEX HOUSE CONDOMINIUM CORPORATION, a Delaware corporation. Said Agreement is subject to any matters arising from or affecting the same. 202047470 © Title Guaranty of Hawaii, LLC Page 7 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 19. GRANT OF AVIGATION AND NOISE EASEMENT in favor of the STATE OF HAWAII, Department of Transportation, Airports Division, dated March 21, 2002, recorded as Document No. 2002-228662; granting (i) a perpetual easement and right of way, appurtenant to the Lihue Airport, for the passage of all aircraft in the air space above the Easement Premises; and (ii) a perpetual easement to discharge, emit or otherwise transmit noise, and also fumes, etc. 20. The terms and provisions contained in the following: INSTRUMENT : LIMITED WARRANTY DEED DATED : --- (acknowledged October 13, 2005) RECORDED : Document No. 2005-209699 21. The terms and provisions contained in the following: INSTRUMENT : DEED DATED : --- (acknowledged July 19, 2007) FILED : Land Court Document No. 3641266 RECORDED : Document No. 2007-144031 22. The terms and provisions contained in the following: INSTRUMENT : DECLARATION OF DEED RESTRICTION CONCERNING DENSITY IN THE OPEN DISTRICT ZONE OF KAUAI LAGOONS RESORT DATED : December 18, 2007 FILED : Land Court Document No. 3697357 RECORDED : Document No. 2007-223761 23. The terms and provisions contained in the following: INSTRUMENT : LIMITED WARRANTY DEED WITH COVENANTS (Mori Golf (Kauai), LLC-Subdivision Lot 2-A) DATED : as of February 22, 2008 RECORDED : Document No. 2008-040611 202047470 © Title Guaranty of Hawaii, LLC Page 8 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 24. The terms and provisions contained in the following: INSTRUMENT : DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS DATED : ---(acknowledged February 22, 2008) RECORDED : Document No. 2008-040613 FILED : Land Court Document No. 3723797 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS dated June 12, 2009, filed as Land Court Document No. 3870079, recorded as Document No. 2009-093734. SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS dated December 29, 2014, filed as Land Court Document No. T-9130059, recorded as Document No. A- 54780169. ASSIGNMENT OF DECLARANT RIGHTS UNDER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS dated as of December 29, 2014, filed as Land Court Document No. T-9130061, recorded as Document No. A-54780206, made and given by KAUAI LAGOONS, LLC, a Hawaii liability company, and MORI GOLF (KAUAI), LLC, a Delaware limited liability company (collectively, "Assignor"), in favor of TOWER KAUAI LAGOONS LAND, LLC, TOWER KAUAI LAGOONS HOTEL, LLC, TOWER KAUAI LAGOONS 8, LLC, TOWER KAUAI LAGOONS 9B, LLC, TOWER KAUAI LAGOONS 9C, LLC, TOWER KAUAI LAGOONS 9D, LLC, TOWER KAUAI LAGOONS SUB 1, LLC, TOWER KAUAI LAGOONS SUB 2, LLC, TOWER KAUAI LAGOONS SUB 3, LLC, TOWER KAUAI LAGOONS SUB 4, LLC, TOWER KAUAI LAGOONS SUB 7, LLC, 2014 KAUAI LAGOONS GOLF, LLC, TOWER KAUAI LAGOONS RETAIL, LLC, all of which are Delaware limited liability companies (collectively, "Assignee"). 202047470 © Title Guaranty of Hawaii, LLC Page 9 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED ASSIGNMENT OF DECLARANT RIGHTS UNDER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS dated as of April 30, 2015, recorded as Document No. A-55980535, made and given by TOWER KAUAI LAGOONS LAND, LLC, TOWER KAUAI LAGOONS HOTEL, LLC, TOWER KAUAI LAGOONS 8, LLC, TOWER KAUAI LAGOONS 9B, LLC, TOWER KAUAI LAGOONS 9C, LLC, TOWER KAUAI LAGOONS 9D, LLC, TOWER KAUAI LAGOONS SUB 1, LLC, TOWER KAUAI LAGOONS SUB 2, LLC, TOWER KAUAI LAGOONS SUB 3, LLC, TOWER KAUAI LAGOONS SUB 4, LLC, TOWER KAUAI LAGOONS SUB 7, LLC, 2014 KAUAI LAGOONS GOLF, LLC, TOWER KAUAI LAGOONS RETAIL, LLC, all of which are Delaware limited liability companies (collectively, "Assignors), in favor of TOWER KAUAI LAGOONS TS, a Delaware limited liability company ("Assignee"), as co-Declarant along with each Assignor. THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS, dated August 8, 2019, filed as Land Court Document No. T-10893265, recorded as Document No. A- 72410588. 25. GRANT OF AVIGATION AND NOISE EASEMENT in favor of the STATE OF HAWAII, DEPARTMENT OF TRANSPORTATION, AIRPORTS DIVISION, dated October 14, 2008, filed as Land Court Document No. 3800089, recorded as Document No. 2008-162922; granting (i) an avigation easement for the flight of aircraft in all the airspace above. AMENDMENT TO 2008 AVIGATION EASEMENT AND SUPPLEMENTAL GRANT OF AVIGATION AND NOISE EASEMENT, dated April 9, 2010, recorded as Document No. 2010-050288. 26. RIGHT-OF-ENTRY dated October 6, 2008, recorded as Document No. 2008-166719, in favor of KAUAI ISLAND UTILITY COOPERATIVE, a cooperative association formed pursuant to the provision of Chapter 421C of the Hawaii Revised Statutes, and HAWAIIAN TELCOM, INC., a Hawaii corporation, 27. The terms and provisions contained in the following: INSTRUMENT : LIMITED WARRANTY DEED WITH COVENANTS (MORI GOLF (KAUAI), LLC - LARGE LOT SUBDIVISION) 202047470 © Title Guaranty of Hawaii, LLC Page 10 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED DATED : September 5, 2008 RECORDED : Document No. 2008-166756 28. Following matters referenced on Subdivision map prepared by Kevin K. Kea, with Ace Land Surveying LLC, dated November 26, 2008, revised December 15, 2008 and approved by the Kauai County Planning Department on December 9, 2008 (Subdivision File No. S- 2008-24), as set forth in Surveyor's Letter of Certification recorded as Document No. 2008-191171: Easement Purpose Lot Affected A Utility 100 E-1 Electrical 100 B Utility 101 E-2 Electrical 102 E-2 Electrical 103 E-3 Electrical 104 C Flowage 105 D Access and Utility 105 E-3 Electrical 105 E-3 Electrical 106 F Access and Utility 106 E-4 Electrical 107 E-5 Electrical 108 E-6 Electrical 108 G Flowage 108 E-6 Electrical 109 G Flowage 109 29. The terms and provisions contained in the following: INSTRUMENT : LIMITED WARRANTY DEED WITH COVENANTS AND GRANTS OF EASEMENT (KAUAI COUNTY SUBDIVISION 2008-24) DATED : December 19, 2008 RECORDED : Document No. 2008-191226 30. RIGHT OF ENTRY dated December 22, 2008, recorded as Document No. 2009-002963. 202047470 © Title Guaranty of Hawaii, LLC Page 11 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 31. EASEMENT dated October 27, 2009, recorded as Document No. 2009- 164836. 32. -AS TO ITEMS ONE THROUGH SIX:- Following matter as shown on subdivision map prepared by Kevin K. Kea, Land Surveyor, with Ace Land Surveying LLC, dated September 8, 2010, revised December 30, 2010, recertified January 11, 2011, approved by the Planning Department, County of Kauai, on December 14, 2010, Subdivision File No. S-2010-11, and as mentioned in SURVEYOR'S LETTER OF CERTIFICATION recorded as Document No. 2011- 089678: Easement UE-1 for utility purposes described therein. 33. Terms and provisions contained in RECIPROCAL EASEMENT AGREEMENT, dated December 29, 2014, recorded as Document No. A-54780207. 34. Any unrecorded leases and matters arising from or affecting the same. 35. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose. END OF SCHEDULE B 202047470 © Title Guaranty of Hawaii, LLC Page 12 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C -ITEM ONE:- All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 4480, Land Commission Award Number 7713 Apana 2, Part 1 to Victoria Kamamalu) situate, lying and being at Kalapaki, Lihu'e, Island and County of Kauai, State of Hawaii, being LOT 100, being also a portion of Lot 2-A-1 as shown on Kauai County Subdivision File No. S-2008-2, and thus bounded and described as per survey dated December 12, 2008, to-wit: Beginning at the southwest corner of this parcel of land, being the northeasterly side of Lot 2-A-1-A as shown on Kauai County Subdivision File No. S-2008-24, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalepa" being 13,496.61 feet south and 5,027.88 feet east, and running by azimuths measured clockwise from true South: 1. 180° 40' 30.45 feet along Ho'olaulea Way; thence along Road Lot B as shown on Kauai County Subdivision File No. S-2008-24 on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 2. 221° 48' 15" 39.48 feet; thence, on a curve to the left with a radius of 262.00 feet, the chord azimuth and distance being: 3. 257° 00' 44" 54.18 feet; 4. 251° 04' 15" 151.09 feet; 5. 00° 00' 142.01 feet along Lot 101 as shown on Kauai County Subdivision File No. S-2008- 24; 6. 100° 57' 34.38 feet along Lot 2-A-1-A; 7. 84° 04' 84.16 feet; 202047470 © Title Guaranty of Hawaii, LLC Page 13 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED 8. 102° 25' 30" 107.44 feet to the point of beginning and containing an area of 0.505 acre, more or less. -ITEM TWO:- All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 4480, Land Commission Award Number 7713 Apana 2, Part 1 to Victoria Kamamalu) situate, lying and being at Kalapaki, Lihu'e, Island and County of Kauai, State of Hawaii, being LOT 101, being also a portion of Lot 2-A-1 as shown on Kauai County Subdivision File No. S-2008-2, and thus bounded and described as per survey dated December 12, 2008, to-wit: Beginning at the southwest corner of this parcel of land, being the southeast corner of Lot 100 as shown on Kauai County Subdivision File No. S-2008-24, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalepa" being 13,517.56 feet south and 5,250.26 feet east, and running by azimuths measured clockwise from true South: 1. 180° 00' 142.01 feet along Lot 100; 2. 251° 04' 15" 26.32 feet along Road Lot B as shown on Kauai County Subdivision File No. S- 2008-24; thence on a curve to the right with a radius of 218.00 feet, the chord azimuth and distance being: 3. 255° 50' 45" 36.29 feet; 4. 260° 37' 15" 78.94 feet; 5. 00° 00' 158.03 feet along Lot 102 as shown on Kauai County Subdivision File No. S-2008- 24; 6. 61° 17' 30" 12.01 feet along Lot 2-A-1-A as shown on Kauai County Subdivision File No. S- 2008-24; 7. 81° 11' 30" 96.27 feet; 202047470 © Title Guaranty of Hawaii, LLC Page 14 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED 8. 100° 57' 32.91 feet to the point of beginning and containing an area of 0.503 acre, more or less. -ITEM THREE:- All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 4480, Land Commission Award Number 7713 Apana 2, Part 1 to Victoria Kamamalu) situate, lying and being at Kalapaki, Lihu'e, Island and County of Kauai, State of Hawaii, being LOT 102, being also a portion of Lot 2-A-1 as shown on Kauai County Subdivision File No. S-2008-2, and thus bounded and described as per survey dated December 12, 2008, to-wit: Beginning at the southwest corner of this parcel of land, being the southeast corner of Lot 101 as shown on kauai County Subdivision File No. S-2008-24, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalepa" being 13,503.30 feet south and 5,388.24 feet east, and running by azimuths measured clockwise from true South: 1. 180° 00' 158.033 feet along Lot 101; 2. 260° 37' 15" 22.03 feet along Road Lot B as shown on kauai County Subdivision File No. S- 2008-24; thence on a curve to the left with a radius of 262.00 feet, the chord azimuth and distance being: 3. 251° 57' 52" 78.87 feet; 4. 243° 18' 30" 56.01 feet; 5. 00° 00' 172.17 feet along Lot 103 as shown on Kauai County Subdivision File No. S-2008- 24; 6. 88° 27' 79.46 feet along Lot 2-A-1-A as shown on Kauai County Subdivision File No. S- 2008-24; 202047470 © Title Guaranty of Hawaii, LLC Page 15 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED 7. 61° 17' 30" 76.77 feet to the point of beginning and containing an area of 0.506 acre, more or less. -ITEM FOUR:- All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 4480, Land Commission Award Number 7713 Apana 2, Part 1 to Victoria Kamamalu) situate, lying and being at Kalapaki, Lihu'e, Island and County of Kauai, State of Hawaii, being LOT 103, being also a portion of Lot 2-A-1 as shown on Kauai County Subdivision File No. S-2008-2, and thus bounded and described as per survey dated December 12, 2008, to-wit: Beginning at the southwest corner of this parcel of land, being the southeast corner of Lot 102 as shown on kauai County Subdivision File No. S-2008-24, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalepa" being 13,464.27 feet south and 5,535.01 feet east, and running by azimuths measured clockwise from true South: 1. 180° 00' 172.17 feet along Lot 102; 2. 243° 18' 30" 100.00 feet along Road Lot B as shown on Kauai County Subdivision File No. S- 2008-24; 3. 334° 24' 30" 227.67 feet along Lots 104 and 105 as shown on Kauai County Subdivision File No. S-2008-24; 4. 83° 54' 84.10 feet along Lot 2-A-1-A as shown on Kauai County Subdivision File No. S- 2008-24; 5. 88° 27' 104.10 feet to the point of beginning and containing an area of 0.640 acre, more or less. 202047470 © Title Guaranty of Hawaii, LLC Page 16 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED -ITEM FIVE:- All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 4480, Land Commission Award Number 7713 Apana 2, Part 1 to Victoria Kamamalu) situate, lying and being at Kalapaki, Lihu'e, Island and County of Kauai, State of Hawaii, being LOT 104, being also a portion of Lot 2-A-1 as shown on Kauai County Subdivision File No. S-2008-2, and thus bounded and described as per survey dated December 12, 2008, to-wit: Beginning at the southwest corner of this parcel of land, being the northwest corner of Lot 105 as shown on Kauai County Subdivision File No. S-2008-24, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalepa" being 13,367.89 feet south and 5,682.16 feet east, and running by azimuths measured clockwise from true South: 1. 154° 24' 30" 133.84 feet along Lot 103 as shown on Kauai County Subdivision File No. S-2008- 24; 2. 243° 18' 30" 165.63 feet along Road Lot B as shown on Kauai County Subdivision File No. S- 2008-24; 3. 333° 18' 30" 133.81 feet along Lot 105; 4. 63° 18' 30" 168.20 feet to the point of beginning and containing an area of 0.513 acre, more or less. -ITEM SIX:- All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 4480, Land Commission Award Number 7713 Apana 2, Part 1 to Victoria Kamamalu) situate, lying and being at Kalapaki, Lihu'e, Island and County of Kauai, State of Hawaii, being LOT 105, being also a portion of Lot 2-A-1 as shown on Kauai County Subdivision File No. S-2008-2, and thus bounded and described as per survey dated December 12, 2008, to-wit: 202047470 © Title Guaranty of Hawaii, LLC Page 17 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED Beginning at the southwest corner of this parcel of land, being the southeast corner of Lot 103 as shown on kauai County Subdivision File No. S-2008-24, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalepa" being 13,452.52 feet south and 5,722.69 feet east, and running by azimuths measured clockwise from true South: 1. 254° 24' 30" 93.83 feet along Lot 103; 2. 243° 18' 30" 168.20 feet along Lot 104 as shown on Kauai County Subdivision File No. S-2008- 24; 3. 153° 18' 30" 133.81 feet; 4. 243° 18' 30" 15.00 feet along Road Lot B as shown on Kauai County Subdivision File No. S- 2008-24; 5. 333° 18' 30" 276.85 feet along Lot 106 as shown on Kauai County Subdivision File No. S-2008- 24; 6. 66° 40' 57.07 feet along Lot 2-A-1-A as shown on Kauai County Subdivision File No. S- 2008-24; 7. 82° 55' 30" 122.41 feet; 8. 83° 54' 13.59 feet to the point of beginning and containing an area of 0.573 acre, more or less. -ITEM SEVEN:- All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 4480, Land Commission Award Number 7713 Apana 2, Part 1 to Victoria Kamamalu) situate, lying and being at Kalapaki, Lihu'e, Island and County of Kauai, State of Hawaii, being LOT 106, being also a portion of Lot 2-A-1 as shown on Kauai County Subdivision File No. S-2008-2, and thus bounded and described as per survey dated December 12, 2008, to-wit: 202047470 © Title Guaranty of Hawaii, LLC Page 18 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED Beginning at the southwest corner of this parcel of land, being the southeast corner of Lot 105 as shown on Kauai County Subdivision File No. S-2008-24,t he coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalepa" being 13,413.39 feet south and 5,910.09 feet east, and running by azimuths measured clockwise from true South: 1. 153° 18' 30" 276.85 feet along Lot 105; 2. 243° 18' 30" 15.00 feet along Road Lot B as shown on Kauai County Subdivision File No. S- 2008-24; 3. 333° 18' 30" 147.96 feet along Lot 107 as shown on Kauai County Subdivision File No. S-2008- 24; 4. 241° 35' 161.63 feet; 5. 333° 18' 30" 140.06 feet along Lot 109 as shown on Kauai County Subdivision File No. S-2008- 24; 6. 61° 35' 45.67 feet along Lot 2-A-1-A as shown on Kauai County Subdivision File No. S- 2008-24; 7. 66° 40' 131.14 feet to the point of beginning and containing an area of 0.601 acre, more or less. -ITEM EIGHT:- All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 4480, Land Commission Award Number 7713 Apana 2, Part 1 to Victoria Kamamalu) situate, lying and being at Kalapaki, Lihu'e, Island and County of Kauai, State of Hawaii, being LOT 107, being also a portion of Lot 2-A-1 as shown on Kauai County Subdivision File No. S-2008-2, and thus bounded and described as per survey dated December 12, 2008, to-wit: 202047470 © Title Guaranty of Hawaii, LLC Page 19 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED Beginning at the northwest corner of this parcel of land, being the north corner of Lot 106 as shown on Kauai County Subdivision File No. S-2008-24, also being the south side of Road Lot B as shown on Kauai County Subdivision File No. S-2008-24, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalepa" being 13,159.31 feet south and 5,799.13 feet east, and running by azimuths measured clockwise from true South: 1. 243° 18' 30" 161.56 feet along Road Lot B; 2. 333° 18' 30" 143.10 feet along Lot 108 as shown on Kauai County Subdivision File No. S-2008- 24; 3. 61° 35' 161.63 feet along Lot 106; 4. 153° 18' 30" 147.96 feet to the point of beginning and containing an area of 0.540 acre, more or less. -ITEM NINE:- All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 4480, Land Commission Award Number 7713 Apana 2, Part 1 to Victoria Kamamalu) situate, lying and being at Kalapaki, Lihu'e, Island and County of Kauai, State of Hawaii, being LOT 108, being also a portion of Lot 2-A-1 as shown on Kauai County Subdivision File No. S-2008-2, and thus bounded and described as per survey dated December 12, 2008, to-wit: Beginning at the northwest corner of this parcel of land, being the northeast corner of Lot 107 as shown on Kauai County Subdivision File No. S-2008-24, also being the south side of Road Lot B as shown on Kauai County Subdivision File No. S-2008-24, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalepa" being 13,086.73 feet south and 5,943.48 feet east, and running by azimuths measured clockwise from true South: 1. 243° 18' 30" 108.91 feet along Road Lot B; 202047470 © Title Guaranty of Hawaii, LLC Page 20 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED Thence on a curve to the right with a radius of 218.00 feet, the chord azimuth and distance being: 2. 276° 56' 34" 241.50 feet; 3. 61° 35' 310.12 feet along Lot 109 as shown on Kauai County Subdivision File No. S-2008- 24; 4. 153° 18' 30" 143.10 feet along Lot 107 to the point of beginning and containing an area of 0.814 acre, more or less. -ITEM TEN:- All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 4480, Land Commission Award Number 7713 Apana 2, Part 1 to Victoria Kamamalu) situate, lying and being at Kalapaki, Lihu'e, Island and County of Kauai, State of Hawaii, being LOT 109, being also a portion of Lot 2-A-1 as shown on Kauai County Subdivision File No. S-2008-2, and thus bounded and described as per survey dated December 12, 2008, to-wit: Beginning at the southwest corner of this parcel of land, being the southeast corner of Lot 106 as shown on Kauai County Subdivision File No. S-2008-24, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalepa" being 13,339.72 feet south and 6,070.67 feet east, and running by azimuths measured clockwise from true South: 1. 153° 18' 30" 140.06 feet along Lot 106; 2. 241° 35' 310.12 feet along Lot 108 as shown on Kauai County Subdivision File No. S-2008- 24; Thence along Road B as shown on Kauai County Subdivision file No. S-2008-24, on a curve to the right with a radius of 218.00 feet, the chord azimuth and distance being: 3. 329° 19' 16" 140.10 feet; 202047470 © Title Guaranty of Hawaii, LLC Page 21 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED 4. 61° 35' 319.87 feet along Lot 2-A-1-A as shown on Kauai County Subdivision File No. S- 2008-24, to the point of beginning and containing an area of 1.037 acres, more or less. -AS TO ITEM SIX (LOT 105):- Together with a non-exclusive easement for access and utility purposes over and across Easement F (affecting Lot 106), as granted in instrument dated December 19, 2008, recorded as Document No. 2008- 191226. -AS TO ITEM SEVEN (LOT 106):- Together with a non-exclusive easement for access and utility purposes over and across Easement D (affecting Lot 105), as granted in instrument dated December 19, 2008, recorded as Document No. 2008- 191226. -AS TO ITEMS ONE THROUGH TEN (LOTS 100 THROUGH 109), INCLUSIVE:- Together with an easement over and across Easements RU-1 and RU-2 for roadway and utility purposes as described in and granted by GRANT OF EASEMENT AND CONSENT dated May 30, 1986, recorded in Liber 19595 at Page 440; and subject to the terms and provisions contained therein. Together also with certain easements for roadway, utility, sewer and drainage purposes as described in and granted by GRANT OF EASEMENT (FP 1905 EASEMENTS IN FAVOR OF LOTS 4 AND 9) dated January 15, 1988, recorded in Liber 21584 at Page 379; and subject to the terms and provisions contained herein. Together also with easements for roadway, utility and drainage purposes as described in and granted by GRANT OF EASEMENT (FP 1905 EASEMENTS IN FAVOR OF HEMMETER LOTS) dated January 15, 1988, filed as Land Court Document No. 1527017, recorded in Liber 21584 at Page 403; and subject to the terms and provisions contained therein. 202047470 © Title Guaranty of Hawaii, LLC Page 22 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED Together also with an easement for roadway and utility purposes over and across the easement area as described in and granted by GRANT OF EASEMENT AND CONSENT (ENTRY ROAD) dated January 15, 1988, filed as Land Court Document No. 1527018, recorded in Liber 21584 at Page 480; and subject to the terms and provisions contained therein. Together also with easements pursuant to that certain FILE PLAN 1905 SUBDIVISION AGREEMENT dated January 15, 1988, recorded in Liber 22624 at Page 432; and subject to the terms and provisions contained therein Together also with easements appurtenant thereto as described in and granted by ROADWAY AND UTILITY EASEMENT AGREEMENT dated January 30, 1991, filed as Land Court Document No. 1797886, recorded as Document No. 91-012273, as amended by instrument dated August 3, 1994, filed as Land Court Document No. 2178041, recorded as Document No. 94-129352; and subject to the terms and provisions contained therein. Together with nonexclusive easement for road, utility and pedestrian purposes over Easement "AU-4" (S-2008-2) as set forth in instrument dated September 5, 2008, recorded as Document No. 2008-166756; subject to the terms and provisions contained therein. Together with a non-exclusive easement over and across Road Lot B for roadway and utility purposes, as shown on the subdivision map of Kauai County Subdivision File S-2008-24 and being more particularly described in Surveyor's Letter of Certification recorded as Document No. 2008-191171 and granted in instrument dated December 19, 2008, recorded as Document No. 2008-191226. Together with nonexclusive easement for (1) road and utility purposes over Easements AU-1, AU-2 and RD-1A; (2) utility purposes over Easements UE and U-6; and (3) sewer purposes over Easements SW-2 and S-2, as set forth in RECIPROCAL EASEMENT AGREEMENT dated December 29, 2014, filed as Land Court Document No. T-9130062 and recorded as Document No. A-54780207; subject to the terms and provisions contained therein. 202047470 © Title Guaranty of Hawaii, LLC Page 23 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED Said above described parcels having been conveyed to TOWER KAUAI LAGOONS SUB 1, LLC, a Delaware limited liability company, by MORI GOLF (KAUAI), LLC, a Delaware limited liability company, by the following Deeds: 1. -As to Items One through Four (Lots 100 through 103):- LIMITED WARRANTY DEED dated December 29, 2014, recorded as Document No. A-54780171. 2. -As to Items Five through Eight (Lots 104 through 107):- LIMITED WARRANTY DEED dated December 29, 2014, recorded as Document No. A-54780172. 3. -As to Items Nine and Ten (Lots 108 and 109):- LIMITED WARRANTY DEED dated December 29, 2014, recorded as Document No. A-54780173. END OF SCHEDULE C 202047470 © Title Guaranty of Hawaii, LLC Page 24 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 GENERAL NOTES 1. There is hereby omitted from any covenants, conditions and reservations contained herein any covenant or restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Lawful restrictions under state or federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 202047470 © Title Guaranty of Hawaii, LLC Page 25 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 GUIDELINES FOR THE ISSUANCE OF INSURANCE A. Taxes shown in Schedule B are as of the date such information is available from the taxing authority. Evidence of payment of all taxes and assessments subsequent to such date must be provided prior to recordation. B. Evidence of authority regarding the execution of all documents pertaining to the transaction is required prior to recordation. This includes corporate resolutions, copies of partnership agreements, powers of attorney and trust instruments. C. If an entity (corporation, partnership, limited liability company, etc.) is not registered in Hawaii, evidence of its formation and existence under the laws where such entity is formed must be presented prior to recordation. D. If the transaction involves a construction loan, the following is required: (1) a letter confirming that there is no construction prior to recordation; or (2) if there is such construction, appropriate indemnity agreements, financial statements and other relevant information from the owner, developer, general contractor and major sub-contractors must be submitted to the Company for approval at least one week prior to the anticipated date of recordation. Forms are available upon request from the Company. E. Chapter 669, Hawaii Revised Statutes, sets forth acceptable tolerances for discrepancies in structures or improvements relative to private property boundaries for various classes of real property. If your survey map shows a position discrepancy that falls within the tolerances of Chapter 669, call your title officer as affirmative coverage may be available to insured lenders. F. The right is reserved to make additional exceptions and/or requirements upon examination of all documents submitted in connection with this transaction. G. If a policy of title insurance is issued, it will exclude from coverage all matters set forth in Schedule B of this report and in the printed Exclusions from Coverage contained in an ALTA policy or in the Hawaii Standard Owner's Policy, as applicable. Different forms may have different exclusions and should be reviewed. Copies of the policy forms are available upon request from the Company or on our website at www.tghawaii.com. H. Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 202047595 © Title Guaranty of Hawaii, LLC Page 1 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 PRELIMINARY REPORT (No Liability Hereunder) This report (and any revisions thereto) is issued solely for the convenience of the titleholder, the titleholder's agent, counsel, purchaser or mortgagee, or the person ordering it for the purpose of facilitating the issuance of a policy of title insurance by Title Guaranty of Hawaii, LLC and no liability will arise under this report. -------------------------------------------- SCHEDULE A Title Guaranty of Hawaii, LLC (the "Company") hereby reports that, subject to those matters set forth in Schedule "B" hereof, the title to the estate or interest to the land described in Schedule "C" hereof is vested in: 2014 KAUAI LAGOONS GOLF, LLC a Delaware limited liability company, -AS TO THAT PORTION OF LAND DESCRIBED HEREIN SHADED IN BLUE ON MAP ATTACHED HERETO- and TOWER KAUAI LAGOONS LAND, LLC, a Delaware limited liability company, and TOWER KAUAI LAGOONS SUB 7, LLC, a Delaware limited liability company, -AS TO THAT PORTION OF LAND DESCRIBED HEREIN SHADED IN YELLOW ON MAP ATTACHED HERETO- as Fee Owner This report is dated as of November 27, 2020 at 8:00 a.m. Inquiries concerning this report should be directed to: Title Officer - Lisa Nagata; Office: (808) 533-5821 Email: lnagata@tghawaii.com Please reference Title Order No. 202047595. 202047595 © Title Guaranty of Hawaii, LLC Page 2 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B EXCEPTIONS 1. Real Property Taxes, if any, that may be due and owing. The premises described in Schedule C is covered by Tax Key (4) 3- 5-001-168 and (4) 3-5-001-027. 2. Mineral and water rights of any nature. 3. The terms and provisions contained in DEED dated June 29, 1977, recorded in Liber 12300 at Page 260. 4. CERTIFICATE OF CONDITIONS dated May 16, 1984, recorded in Liber 17931 at Page 249, by AMFAC PROPERTY DEVELOPMENT CORPORATION, a division of AMFAC, INC., a Hawaii corporation. 5. RIGHT-OF-ENTRY in favor of CITIZENS UTILITIES COMPANY, whose interest is now held by KAUAI ISLAND UTILITY CO-OP, and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED (now known as HAWAIIAN TELCOM, INC.), dated July 24, 1986, recorded in Liber 19887 at Page 53. 6. The terms and provisions contained in DEED dated March 25, 1987, recorded in Liber 20496 at Page 304, as corrected in CORRECTION DEED (The Kauai Lagoons - Lots 2, 5, 6, 7, 8, 10 and 11) dated as of January 15, 1988, recorded in Liber 21584 at Page 334. 7. RIGHT OF ENTRY dated September 24, 1987, recorded in Liber 21309 at Page 338, in favor of CITIZENS UTILITIES COMPANY, whose interest is now held by KAUAI ISLAND UTILITY CO-OP, and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED (now known as HAWAIIAN TELCOM, INC.) 202047595 © Title Guaranty of Hawaii, LLC Page 3 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 8. The terms and provisions contained in GRANT OF EASEMENT dated November 5, 1987, recorded in Liber 21364 at page 290. 9. The terms and provisions contained in GRANT OF EASEMENT dated January 15, 1988, recorded in Liber 21584 at page 379. 10. FILE PLAN 1905 SUBDIVISION AGREEMENT dated January 15, 1988, recorded in Liber 22624 at Page 432, by and among the COUNTY OF KAUAI, HEMMETER-VMS KAUAI COMPANY I and the LIHUE PLANTATION COMPANY, LIMITED. 11. The terms and provisions contained in AGREEMENT RE STP EFFLUENT dated January 15, 1988, recorded in Liber 22625 at Page 761, by and among the County of Kauai, Hemmeter-VMS Kauai Company I and Hemmeter-VMS Kauai Company II. Amended by unrecorded AGREEMENT RE: STP EFFLUENT (CONTRACT NO. 6582) dated August 14, 2001, by and between KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation, and the COUNTY OF KAUAI, a political subdivision of the State of Hawaii. 12. The terms and provisions contained in DEED dated January 30, 1991, recorded as Document No. 91-012227. 13. The terms and provisions contained in DEED dated January 30, 1991, recorded as Document No. 91-012228. 14. The terms and provisions contained in the following: 202047595 © Title Guaranty of Hawaii, LLC Page 4 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED ROADWAY AND UTILITY EASEMENT AGREEMENT dated as of January 30, 1991, filed as Land Court Document No. 1797886, recorded as Document No. 91-012273, by and among HEMMETER-VMS KAUAI COMPANY I, a Hawaii limited partnership, HEMMETER-VMS KAUAI COMPANY II, a Hawaii limited partnership, KAUAI LAGOONS RESORT COMPANY, LTD. a Hawaii corporation, and KAUAI LAGOONS HOTEL COMPANY, LTD., a Hawaii corporation. ASSIGNMENT AND ASSUMPTION OF GOLF COURSE PROPERTY USE AGREEMENTS dated May 21, 1993, recorded as Document No. 93-100641, filed as Land Court Document No. 2037177. ASSIGNMENT AND ASSUMPTION OF GOLF COURSE PROPERTY USE AGREEMENTS dated July 1, 1994, recorded as Document No. 94-111079, filed as Land Court Document No. 2160571. Said above Agreement was amended by instruments dated August 3, 1994, filed as Land Court Document No. 2178041, recorded as Document 94-129352, and dated as of October 13, 2011, filed as Land Court Document No. T-9115235, recorded as Document No. A- 54630719 (Joinder and Consent by KAUAI LAGOONS LLC, a Hawaii limited liability company, and ASSOCIATION OF APARTMENT OWNERS OF KALANIPU'U CONDOMINIUM, a Hawaii non-profit corporation, dated April 30, 2015, recorded as Document No. A-55980530A thru A- 55980530B, filed as Land Court Document No. T-9250133). 15. The terms and provisions contained in CERTIFICATE AND AUTHORIZATION dated November 6, 1991, recorded as Document No. 92-081744, made by and among WM. HYDE RICE, LIMITED, a Hawaii corporation, KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation, KAUAI LAGOONS BEACH HOTEL COMPANY, LTD., a Hawaii corporation, HEMMETER-VMS KAUAI COMPANY I, a Hawaii limited partnership, HEMMETER-VMS KAUAI COMPANY II, a Hawaii limited partnership, and HEMMETER-VMS KAUAI COMPANY III, a Hawaii general partnership. 16. Unrecorded AGREEMENT dated June 1, 1992, of which a MEMORANDUM is filed as Land Court Document No. 1937365, recorded as Document No. 92-123466, by and between KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation, and ANDREW LELAND NICKLES. 202047595 © Title Guaranty of Hawaii, LLC Page 5 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 17. The terms and provisions contained in unrecorded MARRIOTT KAUAI HOTEL USE AGREEMENT dated August 3, 1994, of which a SHORT FORM HOTEL USE AGREEMENT is dated August 3, 1994, filed as Land Court Document No. 2169456, and recorded as Document No. 94-129350, by and between KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation, and MARRIOTT KAUAI, INC., a Delaware corporation, and MARRIOTT KAUAI OWNERSHIP RESORTS, INC., a Delaware corporation, for a term commencing on the "Re-Opening Date" and terminating on December 31, 2015. ASSIGNMENT AND ASSUMPTION OF MARRIOTT KAUAI HOTEL USE AGREEMENT dated as of June 15, 2001, by and between MARRIOTT KAUAI, INC, a Delaware corporation ("Assignor"), and HPTMI HAWAII, INC., a Delaware corporation ("Assignee"), filed as Land Court Document No. 2716830, recorded as Document No. 2001-097931. 18. The terms and provisions contained in unrecorded KAUAI LAGOONS RESORT GOLF AND TENNIS PLAY AGREEMENT dated August 3, 1994, by and between KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation ("Resort Company"), and MARRIOTT KAUAI, INC., a Delaware corporation, ("Hotel Company"), of which a SHORT FORM GOLF AND TENNIS PLAY AGREEMENT is dated August 3, 1994, filed as Land Court Document No. 2169457, and recorded as Document No. 94- 129351, on and over the premises described herein, for a term commencing on the date on which Hotel Company acquires title to Hotel Property, and terminating on March 30, 2060. ASSIGNMENT AND ASSUMPTION OF KAUAI LAGOONS GOLF AND TENNIS PLAY AGREEMENT dated as of June 15, 2001, filed as Land Court Document No. 2716832, recorded as Document No. 2001-097935, by MARRIOTT KAUAI, INC., a Delaware corporation, as "Assignor", and HPTMI HAWAII, INC., a Delaware corporation, as "Assignee". MEMORANDUM OF LEASE AGREEMENT dated effective as of June 15, 2001, by and between HPTMI HAWAII INC., a Delaware corporation ("Landlord"), and HPT TRS MI-135, INC., a Delaware corporation ("Tenant"), filed as Land Court Document No. 2716833, recorded as Document No. 2001-097936. 202047595 © Title Guaranty of Hawaii, LLC Page 6 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED FIRST AMENDMENT TO SHORT FORM GOLF AND TENNIS PLAY AGREEMENT dated April 18, 2008, filed as Land Court Document No. 3736831 and recorded as Document No. 2008-061422. MEMORANDUM OF LEASE AGREEMENT OF MARRIOTT'S KAUAI RESORT AND BEACH CLUB, OWNER AND DEVELOPER RIGHTS UNDER DECLARATION OF CONDOMINIUM PROPERTY REGIME, AND PARKING SUBLEASE dated as of January 1, 2008, filed as Land Court Document No. 3736832, recorded as Document No. 2008-061423, by and between HPTMI HAWAII, INC., a Delaware corporation, and ESSEX HOUSE CONDOMINIUM CORPORATION, a Delaware corporation. Said Agreement is subject to any matters arising from or affecting the same. 19. GRANT OF AVIGATION AND NOISE EASEMENT in favor of the STATE OF HAWAII, Department of Transportation, Airports Division, dated March 21, 2002, recorded as Document No. 2002-228662; granting (i) an easement and right of way, appurtenant to the Lihue Airport, for the passage of all aircraft in the air space above the Easement Premises; and (ii) an easement to discharge, emit or otherwise transmit noise, and also fumes, etc. 20. The terms and provisions contained in that certain Limited Warranty Deed dated ---(acknowledged October 13, 2005), recorded as Document No. 2005-209699. 21. The terms and provisions contained in the LIMITED WARRANTY DEED, dated ---(acknowledged July 19, 2007), filed as Land Court Document No. 3641266, recorded as Document No. 2007-144031. 22. The terms and provisions contained in the following: INSTRUMENT : DECLARATION OF DEED RESTRICTION CONCERNING DENSITY IN THE OPEN DISTRICT ZONE OF KAUAI LAGOONS RESORT DATED : December 18, 2007 202047595 © Title Guaranty of Hawaii, LLC Page 7 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED FILED : Land Court Document No. 3697357 RECORDED : Document No. 2007-223761 23. The terms and provisions contained in the LIMITED WARRANTY DEED WITH COVENANTS, dated February 22, 2008, recorded as Document No. 2008-040611. 24. The terms and provisions contained in the following: INSTRUMENT : DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS DATED : ---(acknowledged February 22, 2008) RECORDED : Document No. 2008-040613 FILED : Land Court Document No. 3723797 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS dated June 12, 2009, filed as Land Court Document No. 3870079, recorded as Document No. 2009-093734. SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS dated December 29, 2014, filed as Land Court Document No. T-9130059, recorded as Document No. A- 54780169. ASSIGNMENT OF DECLARANT RIGHTS UNDER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS dated as of December 29, 2014, filed as Land Court Document No. T-9130061, recorded as Document No. A-54780206, made and given by KAUAI LAGOONS, LLC, a Hawaii liability company, and MORI GOLF (KAUAI), LLC, a Delaware limited liability company (collectively, "Assignor"), in favor of TOWER KAUAI LAGOONS LAND, LLC, TOWER KAUAI LAGOONS HOTEL, LLC, TOWER KAUAI LAGOONS 8, LLC, TOWER KAUAI LAGOONS 9B, LLC, TOWER KAUAI LAGOONS 9C, LLC, TOWER KAUAI LAGOONS 9D, LLC, TOWER KAUAI LAGOONS SUB 1, LLC, TOWER KAUAI LAGOONS SUB 2, LLC, TOWER KAUAI LAGOONS SUB 3, LLC, TOWER KAUAI LAGOONS SUB 4, LLC, TOWER KAUAI LAGOONS SUB 7, LLC, 2014 KAUAI LAGOONS GOLF, LLC, TOWER KAUAI LAGOONS RETAIL, LLC, all of which are Delaware limited liability companies (collectively, "Assignee"). 202047595 © Title Guaranty of Hawaii, LLC Page 8 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED ASSIGNMENT OF DECLARANT RIGHTS UNDER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS dated as of April 30, 2015, recorded as Document No. A-55980535, made and given by TOWER KAUAI LAGOONS LAND, LLC, TOWER KAUAI LAGOONS HOTEL, LLC, TOWER KAUAI LAGOONS 8, LLC, TOWER KAUAI LAGOONS 9B, LLC, TOWER KAUAI LAGOONS 9C, LLC, TOWER KAUAI LAGOONS 9D, LLC, TOWER KAUAI LAGOONS SUB 1, LLC, TOWER KAUAI LAGOONS SUB 2, LLC, TOWER KAUAI LAGOONS SUB 3, LLC, TOWER KAUAI LAGOONS SUB 4, LLC, TOWER KAUAI LAGOONS SUB 7, LLC, 2014 KAUAI LAGOONS GOLF, LLC, TOWER KAUAI LAGOONS RETAIL, LLC, all of which are Delaware limited liability companies (collectively, "Assignors), in favor of TOWER KAUAI LAGOONS TS, a Delaware limited liability company ("Assignee"), as co-Declarant along with each Assignor. THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS, dated August 8, 2019, recorded as Document No. A-72410588, filed as Land Court Document No. T- 10893265. 25. GRANT OF AVIGATION AND NOISE EASEMENT in favor of the STATE OF HAWAII, Department of Transportation, Airports Division, dated October 14, 2008, filed as Land Court Document No. 3800089, and recorded as Document No. 2008-162922; granting (i) a perpetual easement and right of way, appurtenant to the Lihue Airport, for the passage of all aircraft in the air space above the Easement Premises; and (ii) a perpetual easement to discharge, emit or otherwise transmit noise, and also fumes, etc. AMENDMENT TO 2008 AVIGATION EASEMENT AND SUPPLEMENTAL GRANT OF AVIGATION AND NOISE EASEMENT dated April 9, 2010, recorded as Document No. 2010-050228. 26. RIGHT OF ENTRY in favor of KAUAI ISLAND UTILITY COOPERATIVE, and HAWAIIAN TELCOM, INC., dated October 2, 2008, recorded in Document No. 2008-166719. 202047595 © Title Guaranty of Hawaii, LLC Page 9 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 27. The terms and provisions contained in LIMITED WARRANTY DEED WITH COVENANTS (Mori Golf (Kauai), LLC-Large Lot Subdivision) dated September 5, 2008, recorded as Document No. 2008-166756. 28. The terms and provisions contained in LIMITED WARRANTY DEED WITH COVENANTS AND GRANTS OF EASEMENT (Kauai County Subdivision 2008- 24) dated December 19, 2008, recorded as Document No. 2008- 191226. 29. RIGHT OF ENTRY dated December 22, 2008, recorded as Document No. 2009-002963, in favor of TIME WARNER ENTERTAINMENT COMPANY, L.P., a Delaware limited partnership, through its Hawaii Division, doing business as Oceanic Time Warner Cable 30. EASEMENT by MORI GOLF (KAUAI) LLC, a Hawaii corporation, and UNITED STATES OF AMERICA, dated October 27, 2009, recorded as Document No. 2009-164836. 31. The terms and provisions contained in LIMITED WARRANTY DEED WITH COVENANTS AND GRANTS OF EASEMENT (Kauai County Subdivision 2008- 24) dated December 19, 2008, recorded as Document No. 2008- 191226. 32. The terms and provisions contained in RECIPROCAL EASEMENT AGREEMENT dated December 29, 2014, filed as Land Court Document No. T-9130062, recorded as Document No. A-54780207. 202047595 © Title Guaranty of Hawaii, LLC Page 10 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 33. The land is not a lot of record. There shall be no liability by reason of the failure to comply with applicable subdivision ordinances, laws or regulations. -Note:- No title insurance with respect to the land described in Schedule C will be provided. 34. Any claims arising out of the absence of appropriate conveyance document(s) relating to proposed Lot 1-A created out of the consolidation and resubdivision of Lot 2-A-1 and 5-A, as shown on subdivision map dated November 11, 2020, prepared by Kevin K. Ke'a, Land Surveyor. -Note:- Appropriate conveyance documents and amendments of mortgages, if any, should be placed of record. 35. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose. 36. Any unrecorded leases and matters arising from or affecting the same. END OF SCHEDULE B 202047595 © Title Guaranty of Hawaii, LLC Page 11 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 4480, Land Commission Award Number 7713, Apana 2, Part 1 to Victoria Kamamalu), being PROPOSED LOT 1-A, as shown on Kauai County Subdivision File No. _________, being also a portion of Lot 2-A-1, as shown on Kauai County Subdivision File No. S-2019-11 and Lot 5-A as shown on Kauai County Subdivision File No. S-2008-24, situate, lying and being at Kalapaki, District of Lihue, Island and County of Kauai, State of Hawaii, and thus bounded and described as per survey dated November 11, 2020: Beginning at the Northeast corner of this piece of land, being a south corner of Lot 5-A-1, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalepa" being 12,761.28 feet south and 6,152.45 feet east, and running by azimuths measure clockwise from true South: 1. 1° 14' 15" 209.51 feet along Lots 5-A-1 and 2-A; Thence along the North side of Kahilipulu Way on a curve to the left with a radius of 262.00 feet, the chord azimuth and distance being: 2. 77° 39' 42" 129.91 feet; 3. 63° 18' 30" 622.11 feet along the North side of Kahilipulu Way; Thence along the North side of Kahilipulu way, on a curve to the right with a radius of 218.00 feet, the chord azimuth and distance being: 4. 71° 57' 51" 65.62 feet; 5. 80° 37' 15" 100.97 feet along the North side of Kahilipulu Way; Thence along the North side of Kahilipulu Way, on a curve to the left with a radius of 262.00 feet, the chord azimuth and distance being: 6. 75° 50' 46" 43.62 feet; 7. 71° 04' 15" 4.12 feet; 202047595 © Title Guaranty of Hawaii, LLC Page 12 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED Thence along the East side of Pohaiula Place, on a curve to the right with a radius of 30.00 feet, the chord azimuth distance being: 8. 116° 04' 15" 42.43 feet; 9. 161° 04' 15" 117.34 feet along the East side of Pohaiula Place; 10. 243° 18' 30" 908.00 feet along the South side of Lot 5-A- 1; 11. 260° 07' 30" 162.82 feet to the point of beginning and containing an area of 4.604 acres, more or less. Said above described parcel of land having been acquired as follows: 1. -AS TO THAT PORTION OF LAND SHADED IN BLUE ON MAP ATTACHED HERETO:- By 2014 KAUAI LAGOONS GOLF, LLC, a Delaware limited liability company, by LIMITED WARRANTY DEED of MORI GOLF (KAUAI), LLC, a Delaware limited liability company, and KAUAI LAGOONS LLC, a Hawaii limited liability company, dated December 29, 2014, recorded as Document No. A-54780186. 2. -AS TO THAT PORTION OF LAND SHADED IN YELLOW ON MAP ATTACHED HERETO:- A) By TOWER KAUAI LAGOONS LAND, LLC, a Delaware limited liability company, by LIMITED WARRANTY DEED of MORI GOLF (KAUAI), LLC, a Delaware limited liability company, and KAUAI LAGOONS LLC, a Hawaii limited liability company, dated December 29, 2014, recorded as Document No. A-54780204, filed as Land Court Document No. T-9130060. B) By TOWER KAUAI LAGOONS SUB 7, LLC, a Delaware limited liability company, by LIMITED WARRANTY DEED of KAUAI LAGOONS, LLC, a Hawaii limited liability company, dated December 29, 2014, recorded as Document Nos. A-54780187 through A-54780197, inclusive. 202047595 © Title Guaranty of Hawaii, LLC Page 13 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED Together also with a nonexclusive easement over and across Easements "RU-1" and "RU-2" for roadway and utility purposes, as granted by GRANT OF EASEMENT and CONSENT dated May 30, 1986, recorded in Liber 19595 at Page 440; more particularly described therein, and subject to the terms and provisions contained therein. Together with easement for access purposes over Easement A, as granted by GRANT OF EASEMENT dated November 5, 1987, recorded in Liber 21364 at Page 290; subject to the terms and provisions contained therein. Together also with a nonexclusive right and easement for roadway and utility purposes over and across the following: (a) Easements "3" and "4", affecting Lot 11-A, as shown on Map 9, filed with Land Court Application No. 1819, (b) Easements "RU-1" and "RU-2", (c) Easement "3" affecting Lots 1 and 2, Easement "4" affecting Lots 1, 2 and 8, and Easements "6", "7", "8", "9", "10" and "11" affecting Lot 2, said Easements as shown on File Plan No. 1905, and (d) Easement "R-2" affecting Lot 2 of File Plan No. 1905, as granted by GRANT OF EASEMENT dated January 15, 1988, filed as Land Court Document No. 1527016, recorded in Liber 21584 at Page 379; said Easements "RU-1", "RU-2" and "R-2" more particularly described therein, and subject to the terms and provisions contained therein. -Note:- (A) Above Easement "R-2" is not contiguous with said above described Lot 1-A. (B) No insurance with respect to said Easement "R-2" may be provided. Together also with nonexclusive right and easement for roadway and utility purposes over and across Easements "17", "18", "19" and "20" affecting Lot 3 as shown on File Plan No. 1905, and Easements "21" and "22" affecting Lot 4 as shown on File Plan No. 1905, as granted by GRANT OF EASEMENT (FP 1905 Easements in favor of Hemmeter Lots) dated January 15, 1988, filed as Land Court Document No. 1527017, recorded in Liber 21584 at Page 403; and subject to the terms and provisions contained therein. 202047595 © Title Guaranty of Hawaii, LLC Page 14 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED Together also with a nonexclusive easement over and across Roadway and Utility Easement (67,117 square feet, more or less) as granted by GRANT OF EASEMENT AND CONSENT (Entry Road) dated January 15, 1988, filed as Land Court Document No. 1527018, recorded in Liber 21584 at Page 480; more particularly described therein, and subject to the terms and provisions contained therein. Together also with the following nonexclusive easements: (1) for roadway and utility purposes over and across (a) Easements "2", "3", "4", affecting Lot 1, as shown on File Plan No. 1905; (b) that portion of Easement "RU-3" affecting Lot 1 as shown on File Plan No. 1905; (c) Easements "3", "4", "5" and "8", as shown on Map 9 of Land Court Application No. 1819; (2) for water supply purposes under Easement "1" affecting Lot 1 as shown on File Plan No. 1905; (3) for sewer purposes under and across Easements "6" and "7", and remaining portion of Easement "1", as shown on Map 9 of Land Court Application No. 1819; and (4) for surface water runoff purposes over and across Lots 5 and 6 as shown on Map 4, Lots 11-A and 11-B as shown on Map 7, Lots 8, 9, and 10 as shown on Map 5, Lots 2-A, 2-B, 2-C, 2-R and 2-U as shown on Map 3, and Lots 12, 14, 16, 17, 20, and 21 as shown on Map 6 of Land Court Application No. 1819; and Lot 1 as shown on File Plan No. 1905; as granted by that certain ROADWAY and UTILITY EASEMENT AGREEMENT dated January 30, 1991, filed as Land Court Document No. 1797886, recorded as Document No. 91-012273, as amended by instrument dated August 3, 1994, filed as Land Court Document No. 2178041 and recorded as Document No. 94-129352; and subject to the terms and provisions contained therein. Together with a non-exclusive easement over and across Road Lot B for roadway and utility purposes, as shown on subdivision map S-2008-024, described in Surveyor's Letter of Certification recorded as Document No. 2008-191171, and granted in instrument dated December 19, 2008, recorded as Document No. 2008-191226, subject to the terms and provisions contained therein. Together also with nonexclusive easements over and across the following: (1) Easements "AU-1", "AU-2" and "RD-1A" for roadway and utility purposes; (2) Easements "UE" and "U-6" for utility purposes; (3) Easements "SW-2" and "S-2" for sewer purposes, as granted by RECIPROCAL EASEMENT AGREEMENT dated December 29, 2014, filed as Land Court Document No. T-9130062, recorded as Document No. A-54780207; more particularly described therein, and subject to the terms and provisions therein. END OF SCHEDULE C 202047595 © Title Guaranty of Hawaii, LLC Page 15 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 GENERAL NOTES 1. There is hereby omitted from any covenants, conditions and reservations contained herein any covenant or restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Lawful restrictions under state or federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 202047595 © Title Guaranty of Hawaii, LLC Page 16 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 GUIDELINES FOR THE ISSUANCE OF INSURANCE A. Taxes shown in Schedule B are as of the date such information is available from the taxing authority. Evidence of payment of all taxes and assessments subsequent to such date must be provided prior to recordation. B. Evidence of authority regarding the execution of all documents pertaining to the transaction is required prior to recordation. This includes corporate resolutions, copies of partnership agreements, powers of attorney and trust instruments. C. If an entity (corporation, partnership, limited liability company, etc.) is not registered in Hawaii, evidence of its formation and existence under the laws where such entity is formed must be presented prior to recordation. D. If the transaction involves a construction loan, the following is required: (1) a letter confirming that there is no construction prior to recordation; or (2) if there is such construction, appropriate indemnity agreements, financial statements and other relevant information from the owner, developer, general contractor and major sub-contractors must be submitted to the Company for approval at least one week prior to the anticipated date of recordation. Forms are available upon request from the Company. E. Chapter 669, Hawaii Revised Statutes, sets forth acceptable tolerances for discrepancies in structures or improvements relative to private property boundaries for various classes of real property. If your survey map shows a position discrepancy that falls within the tolerances of Chapter 669, call your title officer as affirmative coverage may be available to insured lenders. F. The right is reserved to make additional exceptions and/or requirements upon examination of all documents submitted in connection with this transaction. G. If a policy of title insurance is issued, it will exclude from coverage all matters set forth in Schedule B of this report and in the printed Exclusions from Coverage contained in an ALTA policy or in the Hawaii Standard Owner's Policy, as applicable. Different forms may have different exclusions and should be reviewed. Copies of the policy forms are available upon request from the Company or on our website at www.tghawaii.com. H. Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 202047595 © Title Guaranty of Hawaii, LLC Page 17 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 DATE PRINTED: 12/07/2020 STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE TAX MAP KEY DIVISION ZONE SECTION PLAT PARCEL HPR NO. (4) 3 5 001 168 0000 CLASS: COMMERCIAL AREA ASSESSED: 188.881 AC ASSESSED VALUES FOR CURRENT YEAR TAXES: 2020 The records of this division show the assessed values and taxes on the property designated by Tax Key shown above are as follows: TOTAL ASSESSED VALUE $ 6,239,100 TOTAL EXEMPTION $ 0 TOTAL NET VALUE $ 6,239,100 Installment (1 - due 8/20; 2 - due 2/20) Tax Info As Of - 8/20/2020 Tax Installment Tax Penalty Interest Other Total Year Amount Amount Amount Amount Amount 2020 2 19,021.63 19,021.63 PENDING 2020 1 19,021.64 19,021.64 PAID 2019 2 25,275.24 25,275.24 PAID 2019 1 25,275.24 25,275.24 PAID 2018 2 37,300.09 37,300.09 PAID 2018 1 37,300.10 37,300.10 PAID Total Amount Due: 19,021.63 Penalty and Interest Computed to: 8/20/2020 The real property tax information provided is based on information furnished by the respective counties, is deemed reliable but not guaranteed, and no warranties are given express or implied. Billing and tax collection details may have changed. Please refer to the appropriate county real property tax offices for any further information or updates for the subject property. 202047595 © Title Guaranty of Hawaii, LLC Page 18 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 DATE PRINTED: 12/07/2020 STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE TAX MAP KEY DIVISION ZONE SECTION PLAT PARCEL HPR NO. (4) 3 5 001 027 0000 CLASS: CONSERVATION & etc AREA ASSESSED: 212.178 AC ASSESSED VALUES FOR CURRENT YEAR TAXES: 2020 The records of this division show the assessed values and taxes on the property designated by Tax Key shown above are as follows: TOTAL ASSESSED VALUE $ 11,151,700 TOTAL EXEMPTION $ 0 TOTAL NET VALUE $ 11,151,700 Installment (1 - due 8/20; 2 - due 2/20) Tax Info As Of - 8/20/2020 Tax Installment Tax Penalty Interest Other Total Year Amount Amount Amount Amount Amount 2020 2 44,905.52 44,905.52 PENDING 2020 1 44,905.53 44,905.53 PAID 2019 2 44,960.60 44,960.60 PAID 2019 1 44,960.61 44,960.61 PAID 2018 2 45,833.66 45,833.66 PAID 2018 1 45,833.67 45,833.67 PAID Total Amount Due: 44,905.52 Penalty and Interest Computed to: 8/20/2020 The real property tax information provided is based on information furnished by the respective counties, is deemed reliable but not guaranteed, and no warranties are given express or implied. Billing and tax collection details may have changed. Please refer to the appropriate county real property tax offices for any further information or updates for the subject property. 202047595 © Title Guaranty of Hawaii, LLC Page 19 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 DATE PRINTED: 12/07/2020 CLASS BREAKDOWN FOR TAX MAP KEY BELOW: TAX MAP KEY DIVISION ZONE SECTION PLAT PARCEL HPR NO. (4) 3 5 001 027 0000 CLASS: CONSERVATION AREA ASSESSED: 8.040 AC TOTAL ASSESSED VALUE $ 383,500 TOTAL EXEMPTION $ 0 TOTAL NET VALUE $ 383,500 --------------------------------------------------------------------- TAX MAP KEY DIVISION ZONE SECTION PLAT PARCEL HPR NO. (4) 3 5 001 027 0000 CLASS: COMMERCIAL AREA ASSESSED: 204.138 AC TOTAL ASSESSED VALUE $ 10,768,200 TOTAL EXEMPTION $ 0 TOTAL NET VALUE $ 10,768,200 202108601 © Title Guaranty of Hawaii, LLC Page 1 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 PRELIMINARY REPORT (No Liability Hereunder) This report (and any revisions thereto) is issued solely for the convenience of the titleholder, the titleholder's agent, counsel, purchaser or mortgagee, or the person ordering it for the purpose of facilitating the issuance of a policy of title insurance by Title Guaranty of Hawaii, LLC and no liability will arise under this report. -------------------------------------------- SCHEDULE A Title Guaranty of Hawaii, LLC (the "Company") hereby reports that, subject to those matters set forth in Schedule "B" hereof, the title to the estate or interest to the land described in Schedule "C" hereof is vested in: TOWER KAUAI LAGOONS LAND, LLC, a Delaware limited liability company, as Fee Owner This report is dated as of February 15, 2021 at 8:00 a.m. Inquiries concerning this report should be directed to: Title Officer - Lisa Nagata; Office: (808) 533-5821 Email: lnagata@tghawaii.com Please reference Title Order No. 202108601. 202108601 © Title Guaranty of Hawaii, LLC Page 2 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B EXCEPTIONS 1. Real Property Taxes, if any, that may be due and owing. Tax Key: (4) 3-5-001-177 Area Assessed: 112,733 sq. ft. 2. Mineral and water rights of any nature. 3. The terms and provisions contained in DEED dated June 29, 1977, recorded in Liber 12300 at Page 260. 4. CERTIFICATE OF CONDITIONS dated May 16, 1984, recorded in Liber 17931 at Page 249, by AMFAC PROPERTY DEVELOPMENT CORPORATION, a division of AMFAC, INC., a Hawaii corporation. 5. RIGHT-OF-ENTRY in favor of CITIZENS UTILITIES COMPANY, whose interest is now held by KAUAI ISLAND UTILITY CO-OP, and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED (now known as HAWAIIAN TELCOM, INC.), dated July 24, 1986, recorded in Liber 19887 at Page 53. 6. The terms and provisions contained in DEED dated March 25, 1987, recorded in Liber 20496 at Page 304, as corrected in CORRECTION DEED (The Kauai Lagoons - Lots 2, 5, 6, 7, 8, 10 and 11) dated as of January 15, 1988, recorded in Liber 21584 at Page 334. 7. RIGHT OF ENTRY dated September 24, 1987, recorded in Liber 21309 at Page 338, in favor of CITIZENS UTILITIES COMPANY, whose interest is now held by KAUAI ISLAND UTILITY CO-OP, and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED (now known as HAWAIIAN TELCOM, INC.) 202108601 © Title Guaranty of Hawaii, LLC Page 3 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 8. GRANT in favor of LIHUE PLANTATION COMPANY, LIMITED, a Hawaii corporation, dated January 15, 1988, filed as Land Court Document No. 1527016, recorded in Liber 21584 at Page 379; re: easement for drainage purposes. 9. The terms and provisions contained in FILE PLAN 1905 SUBDIVISION AGREEMENT dated January 15, 1988, recorded in Liber 22624 at Page 432, by and among the COUNTY OF KAUAI, HEMMETER-VMS KAUAI COMPANY I and the LIHUE PLANTATION COMPANY, LIMITED. 10. The terms and provisions contained in AGREEMENT RE STP EFFLUENT dated January 15, 1988, recorded in Liber 22625 at Page 761, by and among the COUNTY OF KAUAI, HEMMETER-VMS KAUAI COMPANY I and HEMMETER-VMS KAUAI COMPANY II. 11. The terms and provisions contained in Deed dated January 30, 1991, recorded as Document No. 91-012227. 12. The terms and provisions contained in Deed dated January 30, 1991, recorded as Document No. 91-012228. 13. The terms and provisions contained in the following: 202108601 © Title Guaranty of Hawaii, LLC Page 4 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED ROADWAY AND UTILITY EASEMENT AGREEMENT dated as of January 30, 1991, filed as Land Court Document No. 1797886, recorded as Document No. 91-012273, by and among HEMMETER-VMS KAUAI COMPANY I, a Hawaii limited partnership, HEMMETER-VMS KAUAI COMPANY II, a Hawaii limited partnership, KAUAI LAGOONS RESORT COMPANY, LTD. a Hawaii corporation, and KAUAI LAGOONS HOTEL COMPANY, LTD., a Hawaii corporation, as amended by instruments dated August 3, 1994, filed as Land Court Document No. 2178041, recorded as Document 94-129352, and dated as of October 13, 2011, filed as Land Court Document No. T-9115235, recorded as Document No. A- 54630719 (Joinder and Consent by KAUAI LAGOONS LLC, a Hawaii limited liability company, and ASSOCIATION OF APARTMENT OWNERS OF KALANIPU'U CONDOMINIUM, a Hawaii non-profit corporation, dated April 30, 2015, recorded as Document No. A-55980530A thru A- 55980530B, filed as Land Court Document No. T-9250133). 14. GRANT in favor of the UNITED STATES OF AMERICA, represented by the Federal Aviation Administration, dated August 16, 1991, recorded as Document No. 91-120459; granting a restricted airspace area having a radius of 1,200 feet from the VORTAC site, which includes the right to restrict construction of certain above ground structures described therein. 15. The terms and provisions contained in CERTIFICATE AND AUTHORIZATION dated November 6, 1991, recorded as Document No. 92-081744, made by and among WM. HYDE RICE, LIMITED, a Hawaii corporation, KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation, KAUAI LAGOONS BEACH HOTEL COMPANY, LTD., a Hawaii corporation, HEMMETER-VMS KAUAI COMPANY I, a Hawaii limited partnership, HEMMETER-VMS KAUAI COMPANY II, a Hawaii limited partnership, and HEMMETER-VMS KAUAI COMPANY III, a Hawaii general partnership. 202108601 © Title Guaranty of Hawaii, LLC Page 5 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 16. The terms and provisions contained in unrecorded MARRIOTT KAUAI HOTEL USE AGREEMENT dated August 3, 1994, of which a SHORT FORM HOTEL USE AGREEMENT is dated August 3, 1994, filed as Land Court Document No. 2169456, and recorded as Document No. 94-129350, by and between KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation, and MARRIOTT KAUAI, INC., a Delaware corporation, and MARRIOTT KAUAI OWNERSHIP RESORTS, INC., a Delaware corporation, for a term commencing on the "Re-Opening Date" and terminating on December 31, 2015. ASSIGNMENT AND ASSUMPTION OF MARRIOTT KAUAI HOTEL USE AGREEMENT dated as of June 15, 2001, by and between MARRIOTT KAUAI, INC, a Delaware corporation ("Assignor"), and HPTMI HAWAII, INC., a Delaware corporation ("Assignee"), filed as Land Court Document No. 2716830, recorded as Document No. 2001-097931. 17. The terms and provisions contained in unrecorded KAUAI LAGOONS RESORT GOLF AND TENNIS PLAY AGREEMENT dated August 3, 1994, by and between KAUAI LAGOONS RESORT COMPANY, LTD., a Hawaii corporation ("Resort Company"), and MARRIOTT KAUAI, INC., a Delaware corporation, ("Hotel Company"), of which a SHORT FORM GOLF AND TENNIS PLAY AGREEMENT is dated August 3, 1994, filed as Land Court Document No. 2169457, and recorded as Document No. 94- 129351, on and over the premises described herein, for a term commencing on the date on which Hotel Company acquires title to Hotel Property, and terminating on March 30, 2060. ASSIGNMENT AND ASSUMPTION OF KAUAI LAGOONS GOLF AND TENNIS PLAY AGREEMENT dated as of June 15, 2001, filed as Land Court Document No. 2716832, recorded as Document No. 2001-097935, by MARRIOTT KAUAI, INC., a Delaware corporation, as "Assignor", and HPTMI HAWAII, INC., a Delaware corporation, as "Assignee". MEMORANDUM OF LEASE AGREEMENT dated effective as of June 15, 2001, by and between HPTMI HAWAII INC., a Delaware corporation ("Landlord"), and HPT TRS MI-135, INC., a Delaware corporation ("Tenant"), filed as Land Court Document No. 2716833, recorded as Document No. 2001-097936. 202108601 © Title Guaranty of Hawaii, LLC Page 6 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED FIRST AMENDMENT TO SHORT FORM GOLF AND TENNIS PLAY AGREEMENT dated April 18, 2008, filed as Land Court Document No. 3736831 and recorded as Document No. 2008-061422. MEMORANDUM OF LEASE AGREEMENT OF MARRIOTT'S KAUAI RESORT AND BEACH CLUB, OWNER AND DEVELOPER RIGHTS UNDER DECLARATION OF CONDOMINIUM PROPERTY REGIME, AND PARKING SUBLEASE dated as of January 1, 2008, filed as Land Court Document No. 3736832, recorded as Document No. 2008-061423, by and between HPTMI HAWAII, INC., a Delaware corporation, and ESSEX HOUSE CONDOMINIUM CORPORATION, a Delaware corporation. Said Agreement is subject to any matters arising from or affecting the same. 18. GRANT OF AVIGATION AND NOISE EASEMENT in favor of the STATE OF HAWAII, Department of Transportation, Airports Division, dated March 21, 2002, recorded as Document No. 2002-228662; granting (i) an easement and right of way, appurtenant to the Lihue Airport, for the passage of all aircraft in the air space above the Easement Premises; and (ii) an easement to discharge, emit or otherwise transmit noise, and also fumes, etc. 19. The terms and provisions contained in the QUITCLAIM DEED, dated as of June 30, 2003, recorded as Document No. 2003-141861. CORRECTION QUITCLAIM DEED dated as of July 15, 2003, recorded as Document No. 2003-158666. 20. The terms and provisions contained in that certain Limited Warranty Deed dated ---(acknowledged October 13, 2005), recorded as Document No. 2005-209699. 21. The terms and provisions contained in the LIMITED WARRANTY DEED, dated ---(acknowledged July 19, 2007), filed as Land Court Document No. 3641266, recorded as Document No. 2007-144031. 202108601 © Title Guaranty of Hawaii, LLC Page 7 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 22. The terms and provisions contained in the following: INSTRUMENT : DECLARATION OF DEED RESTRICTION CONCERNING DENSITY IN THE OPEN DISTRICT ZONE OF KAUAI LAGOONS RESORT DATED : December 18, 2007 FILED : Land Court Document No. 3697357 RECORDED : Document No. 2007-223761 23. The terms and provisions contained in the LIMITED WARRANTY DEED WITH COVENANTS, dated February 22, 2008, recorded as Document No. 2008-040611. 24. The terms and provisions contained in the following: INSTRUMENT : DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS DATED : ---(acknowledged February 22, 2008) RECORDED : Document No. 2008-040613 FILED : Land Court Document No. 3723797 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS dated June 12, 2009, filed as Land Court Document No. 3870079, recorded as Document No. 2009-093734. SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS dated December 29, 2014, filed as Land Court Document No. T-9130059, recorded as Document No. A- 54780169. 202108601 © Title Guaranty of Hawaii, LLC Page 8 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED ASSIGNMENT OF DECLARANT RIGHTS UNDER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS dated as of December 29, 2014, filed as Land Court Document No. T-9130061, recorded as Document No. A-54780206, made and given by KAUAI LAGOONS, LLC, a Hawaii liability company, and MORI GOLF (KAUAI), LLC, a Delaware limited liability company (collectively, "Assignor"), in favor of TOWER KAUAI LAGOONS LAND, LLC, TOWER KAUAI LAGOONS HOTEL, LLC, TOWER KAUAI LAGOONS 8, LLC, TOWER KAUAI LAGOONS 9B, LLC, TOWER KAUAI LAGOONS 9C, LLC, TOWER KAUAI LAGOONS 9D, LLC, TOWER KAUAI LAGOONS SUB 1, LLC, TOWER KAUAI LAGOONS SUB 2, LLC, TOWER KAUAI LAGOONS SUB 3, LLC, TOWER KAUAI LAGOONS SUB 4, LLC, TOWER KAUAI LAGOONS SUB 7, LLC, 2014 KAUAI LAGOONS GOLF, LLC, TOWER KAUAI LAGOONS RETAIL, LLC, all of which are Delaware limited liability companies (collectively, "Assignee"). ASSIGNMENT OF DECLARANT RIGHTS UNDER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS dated as of April 30, 2015, recorded as Document No. A-55980535, made and given by TOWER KAUAI LAGOONS LAND, LLC, TOWER KAUAI LAGOONS HOTEL, LLC, TOWER KAUAI LAGOONS 8, LLC, TOWER KAUAI LAGOONS 9B, LLC, TOWER KAUAI LAGOONS 9C, LLC, TOWER KAUAI LAGOONS 9D, LLC, TOWER KAUAI LAGOONS SUB 1, LLC, TOWER KAUAI LAGOONS SUB 2, LLC, TOWER KAUAI LAGOONS SUB 3, LLC, TOWER KAUAI LAGOONS SUB 4, LLC, TOWER KAUAI LAGOONS SUB 7, LLC, 2014 KAUAI LAGOONS GOLF, LLC, TOWER KAUAI LAGOONS RETAIL, LLC, all of which are Delaware limited liability companies (collectively, "Assignors), in favor of TOWER KAUAI LAGOONS TS, a Delaware limited liability company ("Assignee"), as co-Declarant along with each Assignor. THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KAUAI LAGOONS, dated August 8, 2019, filed as Land Court Document No. T-10893265, recorded as Document No. A- 72410588. 25. GRANT OF AVIGATION AND NOISE EASEMENT in favor of the STATE OF HAWAII, DEPARTMENT OF TRANSPORTATION, AIRPORTS DIVISION, dated October 14, 2008, filed as Land Court Document No. 3800089, recorded as Document No. 2008-162922; granting (i) an avigation easement for the flight of aircraft in all the airspace above. 202108601 © Title Guaranty of Hawaii, LLC Page 9 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED AMENDMENT TO 2008 AVIGATION EASEMENT AND SUPPLEMENTAL GRANT OF AVIGATION AND NOISE EASEMENT, dated April 9, 2010, recorded as Document No. 2010-050288. 26. RIGHT-OF-ENTRY dated October 6, 2008, recorded as Document No. 2008-166719, in favor of KAUAI ISLAND UTILITY COOPERATIVE, a cooperative association formed pursuant to the provision of Chapter 421C of the Hawaii Revised Statutes, and HAWAIIAN TELCOM, INC., a Hawaii corporation, 27. The terms and provisions contained in the following: INSTRUMENT : LIMITED WARRANTY DEED WITH COVENANTS (KAUAI LAGOONS LLC PROPERTY - LARGE LOT SUBDIVISION) DATED : September 5, 2008 RECORDED : Document No. 2008-166755 28. RIGHT-OF-ENTRY dated December 22, 2008, recorded as Document No. 2009-002963, in favor of TIME WARNER ENTERTAINMENT COMPANY, L.P., a Delaware limited partnership, through its Hawaii Division, doing business as Oceanic Time Warner Cable. 29. Terms and provisions contained in ACTIVITIES CENTER USE AND ACCESS EASEMENT AGREEMENT dated December 29, 2014, recorded as Document No. A-54780209. 30. Terms and provisions contained in NENE ISLAND USE AND ACCESS AGREEMENT, dated December 29, 2014, recorded as Document No. A- 54780210. 31. Terms and provisions contained in RECIPROCAL EASEMENT AGREEMENT AND GRANT OF EASEMENT, dated December 31, 2014, recorded as Document No. A-55980531. 202108601 © Title Guaranty of Hawaii, LLC Page 10 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE B CONTINUED 32. Any unrecorded leases and matters arising from or affecting the same. 33. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose. END OF SCHEDULE B 202108601 © Title Guaranty of Hawaii, LLC Page 11 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 4480, Land Commission Award Number 7713, Apana 2, Part 1 to Victoria Kamamalu), situate, lying and being at Kalapaki, Lihue, County of Kauai, State of Hawaii, being LOT 10-C, and thus bounded and described as per survey dated September 30, 2008: Beginning at the west corner of this parcel of land, being the northeast corner of Lot 9-B as shown on Kauai County Subdivision File No. S-2008-2, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalepa" being 13,600.75 feet south and 5,578.07 feet east, and running by azimuths measured clockwise from true South: 1. 245° 32' 93.97 feet along Lot 2-A-1; 2. 258° 49' 304.96 feet; 3. 267° 30' 114.69 feet; 4. 324° 21' 53.29 feet; 5. 19° 10' 205.13 feet; 6. 15° 12' 65.84 feet 7. 10° 35' 30" 73.61 feet; 8. 118° 08' 30" 148.49 feet along Lot 10-B; 9. 96° 12' 75.81 feet; 10. 128° 18' 175.51 feet; 11. 133° 14' 121.01 feet along Lot 9-B to the point of beginning and containing an area of 2.588 acres, more or less. 202108601 © Title Guaranty of Hawaii, LLC Page 12 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED Together also with a nonexclusive right and easement over and across Easements "RU-1" and "RU-2" for roadway and utility purposes, as granted by GRANT OF EASEMENT and CONSENT dated May 30, 1986, recorded in Liber 19595 at Page 440; more particularly described therein, and subject to the terms and provisions contained therein. Together also with nonexclusive rights and easements over and across Easements "17", "18", "19" and "20" affecting Lot 3 as shown on File Plan No. 1905, and Easements "21" and "22" affecting Lot 4 as shown on File Plan No. 1905, for roadway, utility and drainage purposes as granted by GRANT OF EASEMENT (FP 1905 Easements in favor of Hemmeter Lots) dated January 15, 1988, filed as Land Court Document No. 1527017, recorded in Liber 21584 at Page 403; and subject to the terms and provisions contained therein. Together also with a nonexclusive right and easement over and across Roadway and Utility Easement (67,117 square feet, more or less) as granted by GRANT OF EASEMENT AND CONSENT (Entry Road) dated January 15, 1988, filed as Land Court Document No. 1527018, recorded in Liber 21584 at Page 480; more particularly described therein, and subject to the terms and provisions contained therein. Together also with the following nonexclusive easements: (1) for roadway and utility purposes over and across (a) Easements "2", "3", "4" as shown on File Plan No. 1905; (b) that portion of Easement "RU- 3" affecting Lot 1 as shown on File Plan No. 1905; (c) Easements "3", "4", "5" and "8", as shown on Map 9 of Land Court Application No. 1819; (2) for water supply purposes over and across Easement "1" affecting Lot 1 as shown on File Plan No. 1905; (3) for sewer purposes over and across Easements "1", "6" and "7" as shown on Map 9 of Land Court Application No. 1819; and (4) for surface water runoff purposes over and across Lots 5 and 6 as shown on Map 4, Lots 11-A and 11-B as shown on Map 7, Lots 8, 9, and 10 as shown on Map 5, Lots 2-A, 2-B, 2- C, 2-R and 2-U as shown on Map 3, and Lots 12, 14, 16, 17, 20, and 21 as shown on Map 6 of Land Court Application No. 1819; and Lot 1 as shown on File Plan No. 1905; as granted by that certain ROADWAY and UTILITY EASEMENT AGREEMENT dated January 30, 1991, filed as Land Court Document No. 1797886, recorded as Document No. 91-012273, as amended by instrument dated August 3, 1994, filed as Land Court Document No. 2178041 and recorded as Document No. 94-129352; and subject to the terms and provisions contained therein. 202108601 © Title Guaranty of Hawaii, LLC Page 13 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 SCHEDULE C CONTINUED Together also with nonexclusive easement for access and utility purposes over (1) Easements 1, 2 and 3 of The Kauai Lagoons (2nd Amendment) Kauai County Subdivision S-2001-21 described in QUITCLAIM DEED recorded as Document No. 2003-141861, corrected by instrument recorded as Document No. 2003-158666; (2) Easement "R", shown on Kauai County Subdivision File No. S-2007-22, described in instrument recorded as Document No. 2008-040612; and (3) Easement "AU-2", shown on Kauai County Subdivision File No. S-2008-02, as granted in instrument recorded as Document No. 2008-166755. Together also with nonexclusive easement in, under and over Easement "R", under Easements "U" and "UE", affecting Lot 10-B for use of utilities facilities existing as of date thereof, as granted by RECIPROCAL EASEMENT AGREEMENT AND GRANT OF EASEMENT recorded as Document No. A-5590831; and subject to the terms and provisions therein. BEING THE PREMISES ACQUIRED BY LIMITED WARRANTY DEED GRANTOR : MORI GOLF (KAUAI), LLC, a Delaware limited liability company, and KAUAI LAGOONS LLC, a Hawaii limited liability company GRANTEE : TOWER KAUAI LAGOONS LAND, LLC, a Delaware limited liability company DATED : December 29, 2014 FILED : Land Court Document No. T-9130060 RECORDED : Document No. A-54780204 END OF SCHEDULE C 202108601 © Title Guaranty of Hawaii, LLC Page 14 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 GENERAL NOTES 1. There is hereby omitted from any covenants, conditions and reservations contained herein any covenant or restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Lawful restrictions under state or federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 202108601 © Title Guaranty of Hawaii, LLC Page 15 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 GUIDELINES FOR THE ISSUANCE OF INSURANCE A. Taxes shown in Schedule B are as of the date such information is available from the taxing authority. Evidence of payment of all taxes and assessments subsequent to such date must be provided prior to recordation. B. Evidence of authority regarding the execution of all documents pertaining to the transaction is required prior to recordation. This includes corporate resolutions, copies of partnership agreements, powers of attorney and trust instruments. C. If an entity (corporation, partnership, limited liability company, etc.) is not registered in Hawaii, evidence of its formation and existence under the laws where such entity is formed must be presented prior to recordation. D. If the transaction involves a construction loan, the following is required: (1) a letter confirming that there is no construction prior to recordation; or (2) if there is such construction, appropriate indemnity agreements, financial statements and other relevant information from the owner, developer, general contractor and major sub-contractors must be submitted to the Company for approval at least one week prior to the anticipated date of recordation. Forms are available upon request from the Company. E. Chapter 669, Hawaii Revised Statutes, sets forth acceptable tolerances for discrepancies in structures or improvements relative to private property boundaries for various classes of real property. If your survey map shows a position discrepancy that falls within the tolerances of Chapter 669, call your title officer as affirmative coverage may be available to insured lenders. F. The right is reserved to make additional exceptions and/or requirements upon examination of all documents submitted in connection with this transaction. G. If a policy of title insurance is issued, it will exclude from coverage all matters set forth in Schedule B of this report and in the printed Exclusions from Coverage contained in an ALTA policy or in the Hawaii Standard Owner's Policy, as applicable. Different forms may have different exclusions and should be reviewed. Copies of the policy forms are available upon request from the Company or on our website at www.tghawaii.com. H. Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 202108601 © Title Guaranty of Hawaii, LLC Page 16 235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261 DATE PRINTED: 2/22/2021 STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE TAX MAP KEY DIVISION ZONE SECTION PLAT PARCEL HPR NO. (4) 3 5 001 177 0000 CLASS: HOTEL AND RESORT AREA ASSESSED: 112,733 SF ASSESSED VALUES FOR CURRENT YEAR TAXES: 2020 The records of this division show the assessed values and taxes on the property designated by Tax Key shown above are as follows: TOTAL ASSESSED VALUE $ 2,069,800 TOTAL EXEMPTION $ 0 TOTAL NET VALUE $ 2,069,800 Installment (1 - due 8/20; 2 - due 2/20) Tax Info As Of - 8/20/2020 Tax Installment Tax Penalty Interest Other Total Year Amount Amount Amount Amount Amount 2020 2 3,164.94 3,164.94 PENDING 2020 1 3,164.95 3,164.95 PAID 2019 2 11,228.66 11,228.66 PAID 2019 1 11,228.67 11,228.67 PAID Total Amount Due: 3,164.94 Penalty and Interest Computed to: 8/20/2020 The real property tax information provided is based on information furnished by the respective counties, is deemed reliable but not guaranteed, and no warranties are given express or implied. Billing and tax collection details may have changed. Please refer to the appropriate county real property tax offices for any further information or updates for the subject property. EXHIBIT I Petition Area Photos EXHIBIT J Topographic Map of Subdivisions 1 and 1A EXHIBIT K Subdivisions 1 and 1A Conceptual Site Plan Single-Family – 1 Story Conceptual Plans and Elevations Single-Family – 2 Story Conceptual Plans and Elevations Design and Construction Guidelines for Subdivision 1/1A at Hōkūala 0050'100'KAHIL IPULU STREET (PR IVATE ) Kitchen154 sfLaundry45 sf1st Master Suite275 sfOutdoor DiningLiving480 sfEntry100 sf3rd Suite200 sfPantryCloset23 sfOutdoor Shower Dining250 sf2nd Master Suite275 sfFloor Plan1Side Elevation2Side Elevation4Front Elevation5Rear Elevation3Single Family - 1 Story Conceptual Plans and Elevations0010'20'Roof DesignHeight:No single story building shall be overtwenty five (25) feet to the highest pointof the roof measured at each point alongthe building from the finished grade atthe main entry.Pitch:Main slopes - Min. 4:12 Max. 8:12Secondary slopes - Min. 3:12 Max. 5:12Materials:Wood Shakes or ShinglesClay or Concrete TileStanding Seam MetalColor:All colors subject to DRC approval.Earthtones, Browns & Non ReflectiveGreen and Blue Tones, Charcoal GreysBuilding DesignHeight:No building shall be more than two (2)stories above and one(1) story belowfrom the finished grade at the main entryor over twenty (20) feet measured fromthe finished grade at the main entry tothe highest exterior wall plate line.MaterialsBoard and Batten style using HardyPlank, Redwood or Cedar SidingStone, Stucco.Color:Earthtones, Tans, Beige, Off WhitesOther Considerations:Sound Attenuation: All residentialinterior spaces located between the 60and 65 DNL noise contour shall achievean interior noise level of 45dB.Acoustical design shall be certified by aregistered, professional, acousticalEngineer.Architectural Style & CharacterStyle:Contemporary building designs with architectural elements representative ofHawaii and Kauai in particular as reflected in projects recently approved byKauai County.Massing:Massing should be broken down with roof lines and lanaisArchitecture should accentuate its openess.Separate roofs for specific areas of house are encouraged to provide anappearance of multiple pavilions in a garden setting.Spaces:Most main rooms to be sited to capture views - however, where possible,halls and porches should take advantage of view, natural lighting andventilation.Articulation:Window and door openings should be designed so that residences cantake advantage of tradewinds and views.Board and Batten style is highly encouraged with a combination of stoneaccents or bases. Plaster should be limited to walls only. Columns andpilasters should remain painted without heavy plaster texturing.GeneralThese guidelines only reflect resort requirements to encourage a consistent theme and product. Allstructures and developments must comply with Kauai County Ordinaces. Deviations due torenovations of existing structures are subject to Design Committee Review.RESIDENTIAL AREA (PROPOSED R-4 ZONE)SINGLE FAMILY DETACHED RESIDENCESARCHITECTURAL DESIGN GUIDELINES1800-2200 sf+ 400-500 sf Garage25' MAX 3rd Suite212 sfPowder32 sfEntry118 sfLiving/Dining/Kitchen578 sf Master Suite372 sf2nd Suite313 sfUpper Lanai188 sfLower Floor Plan1Upper Floor Plan2End Elevation5End Elevation6Rear Elevation4Front Elevation39.010.07.39.06.83.24.43.1Single Family - 2 Story Conceptual Plans and Elevations1800-2200 sf+ 400-500 sf Garage0010'20'Roof DesignHeight:No building shall be over thirty (30) feetto the highest point of the roof measuredat each point along the building from thefinished grade at the main entry.Pitch:Main slopes - Min. 4:12 Max. 8:12Secondary slopes - Min. 3:12 Max. 5:12Materials:Wood Shakes or ShinglesClay or Concrete TileStanding Seam MetalColor:All colors subject to DRC approval.Earthtones, Browns & Non ReflectiveGreen and Blue Tones, Charcoal GreysBuilding DesignHeight:No building shall be more than two (2)stories above and one(1) story belowfrom the finished grade at the main entryor over twenty (20) feet measured fromthe finished grade at the main entry tothe highest exterior wall plate line.MaterialsBoard and Batten style using HardyPlank, Redwood or Cedar SidingStone, Stucco.Color:Earthtones, Tans, Beige, Off WhitesOther Considerations:Sound Attenuation: All residentialinterior spaces located between the 60and 65 DNL noise contour shall achievean interior noise level of 45dB.Acoustical design shall be certified by aregistered, professional, acousticalEngineer.Massing:Massing should be broken down with roof lines and lanaisArchitecture should accentuate its openess.Separate roofs for specific areas of house are encouraged to provide anappearance of multiple pavilions in a garden setting.Spaces:Most main rooms to be sited to capture views - however, where possible,halls and porches should take advantage of view, natural lighting andventilation.Articulation:Window and door openings should be designed so that residences cantake advantage of tradewinds and views.Board and Batten style is highly encouraged with a combination of stoneaccents or bases. Plaster should be limited to walls only. Columns andpilasters should remain painted without heavy plaster texturing.GeneralThese guidelines only reflect resort requirements to encourage a consistent theme and product. Allstructures and developments must comply with Kauai County Ordinaces. Deviations due torenovations of existing structures are subject to Design Committee Review.RESIDENTIAL AREA (PROPOSED R-4 ZONE)SINGLE FAMILY DETACHED RESIDENCESARCHITECTURAL DESIGN GUIDELINES20' MAX10' MAXArchitectural Style & CharacterStyle:Contemporary building designs with architectural elements representative ofHawaii and Kauai in particular as reflected in projects recently approved byKauai County. 1 930512.3 DESIGN AND CONSTRUCTION GUIDELINES FOR SUBDIVISION 1/1A AT HOKUALA December 2020 (Draft) 2 930512.3 Contents 1 Introduction ........................................................................................................................................ 1 2 Use and Site Development Restrictions and Requirements .......................................... 2 2.1 Utilities ......................................................................................................................................... 3 2.2 Individual Lot Plot Plans ...................................................................................................... 3 2.3 Easements .................................................................................................................................. 4 2.4 Grading ........................................................................................................................................ 4 2.5 Lot Drainage .............................................................................................................................. 5 2.6 Fire Hazard ................................................................. Error! Bookmark not defined. 2.7 Planted and Undisturbed Areas ........................................................................................ 6 2.8 Paved Play Area ....................................................................................................................... 6 2.9 Vehicle Repair ........................................................................................................................... 6 2.10 Habitat Conservation Plan (HCP) ..................................................................................... 6 3 Architectural Standards ................................................................................................................. 7 3.1 Architectural Character ........................................................................................................ 7 3.2 Buildable Area .......................................................................................................................... 7 3.3 Building Footprint .................................................................................................................. 8 3.4 Finish Floor Elevation ........................................................................................................... 8 3.5 Building Envelope ................................................................................................................... 8 3.6 Building Height......................................................................................................................... 8 3.7 Minimum Dwelling Size ........................................................................................................ 9 3.8 Garage, Guest Parking ........................................................................................................... 9 3.9 Roof Materials, Pitch and Overhang ................................................................................ 9 3.10 Building Surfaces ................................................................................................................... 10 3.11 Exterior Lighting and Displays ........................................................................................ 12 3.12 Driveways ................................................................................................................................. 13 3.13 Air Conditioning System and Mechanical Equipment ........................................... 14 3.14 Swimming Pools, Water Features .................................................................................. 15 3.15 Refuse Storage, Garbage and Trash Disposal ............................................................ 17 3.16 Exterior Materials/Colors ................................................................................................. 17 3.17 Fences, Walls, Hedges and Enclosures ......................................................................... 18 3.18 Laundry Facilities .................................................................................................................. 19 3 930512.3 3.19 Skylights .................................................................................................................................... 19 3.20 Roof Decks/Observation Platforms .............................................................................. 19 3.21 Lanai Enclosures .................................................................................................................... 19 3.22 Temporary Structures ......................................................................................................... 19 3.23 Sustainable Development .................................................................................................. 19 3.24 Mailboxes .................................................................................................................................. 20 3.25 Fireplaces and Outdoor Fire Features ......................................................................... 20 3.26 Windows ................................................................................................................................... 20 3.27 Exterior Furnishing .............................................................................................................. 20 4 Landscape Standard ...................................................................................................................... 21 4.1 Overall Landscape Concept ............................................................................................... 21 4.2 Design Considerations ........................................................................................................ 21 4.3 Landscape Plans .................................................................................................................... 22 4.4 Required Landscaping ........................................................................................................ 22 4.5 Size and Plant Material ....................................................................................................... 22 4.6 Top Soil ...................................................................................................................................... 23 4.7 Undisturbed Areas ................................................................................................................ 23 4.8 Prohibited Plant List ............................................................................................................ 23 4.9 Approved Plant List .............................................................................................................. 23 4.10 Undeveloped Lots ................................................................................................................. 23 4.11 Spraying .................................................................................................................................... 24 4.12 Tree Removal .......................................................................................................................... 24 5 Approvals Procedures and Requirements ........................................................................... 24 5.1 Consultation Services: Approval of Owner’s Architect ......................................... 24 5.2 Architectural Control ........................................................................................................... 25 5.3 Review Fee ............................................................................................................................... 26 5.4 Procedures for Submitting (Design Review Process) ........................................... 26 5.5 Applicable Laws ..................................................................................................................... 29 5.6 Performance of Work .......................................................................................................... 29 5.7 Final Inspection and Acceptance .................................................................................... 30 6 Construction Requirements ....................................................................................................... 30 6.1 Material Storage and Temporary Structures ............................................................ 30 6.2 Blasting ...................................................................................................................................... 30 6.3 Construction Signs ................................................................................................................ 31 4 930512.3 6.4 Refuse Disposal Bins, Trash and Site Maintenance ................................................ 31 6.5 Site Preparation & Traffic Control ................................................................................. 32 6.6 Portable Toilets ...................................................................................................................... 33 6.7 Contractor’s Acknowledgment & Liability ................................................................. 33 6.8 Construction Fencing ........................................................................................................... 34 6.9 Dust and Noise Control ....................................................................................................... 35 6.10 Working Hours ....................................................................................................................... 35 6.11 Foundations ............................................................................................................................. 35 6.12 Ground Termite Standards ............................................................................................... 35 6.13 Abandoned Construction ................................................................................................... 36 6.14 Cash Bond ................................................................................................................................. 36 6.15 Performance Bond ................................................................................................................ 36 6.16 Insurance .................................................................................................................................. 36 6.17 Emergency Declaration ...................................................................................................... 37 6.18 Habitat Conservation Plan (HCP) ...................... Error! Bookmark not defined. 7 Invalidation of Individual Criteria .......................................................................................... 38 1 930512.3 1 Introduction The Design and Construction Guidelines for Subdivision 1/1A at Hokuala apply to the development of residential properties within the Subdivision 1/1A project (“Project”), which is a part of the “Hokuala” master-planned resort community located in Lihue, Kauai, Hawaii. Hokuala encompasses approximately 327.3 acres and offers secluded property with ocean vistas and a navigable waterway, interwoven amongst a championship golf course and located just minutes from the civic center and the Lihue Airport. The purpose of these guidelines is to promote harmonious development, to protect and enhance property values and to ensure that the overall planning philosophy of the development is carried out as each portion of Hokuala is constructed or modified. The guidelines act first as an information source to owners, builders, architects and developers. And secondly as a regulatory mechanism to ensure that all development in Hokuala is completed in a prescribed and environmentally sensitive manner. These guidelines are not intended to constitute a complete list of all standards that must be satisfied. Nothing within these standards is intended to conflict with the Declaration of Covenants, Conditions and Restrictions for Kauai Lagoons, recorded at the Bureau of Conveyances of the State of Hawaii as Document No. 2008-040613, as amended ("Master Declaration"), the Special Management Area Use Permits and amendments thereto for Hokuala or any portion thereof, including the Project (collectively, “Permits”), the Habitat Conservation Plan (“HCP”) or applicable local jurisdiction regulations. The philosophy of Hokuala is the sensitive integration and blending of the Hawaiian lifestyle, the people, the structures and the developed environment into a harmonious and aesthetically pleasing community. At Hokuala, emphasis will be given to development that is planned to harmonize, blend with and complement, rather than dominate, the natural environment. Accordingly, any disturbance or development of the topography will demonstrate a high sensitivity to the local environment, and the avoidance and disruption of the cultural and spiritual components of Hawaiian life. Hokuala will emulate the ancient Hawaiian architects whose sacred duty was not only to build a proper structure, but to make sure it was appropriate to its place. These guidelines address such matters as height, color, massing, building materials and landscaping features. The purpose of these guidelines is not to create look-alike structures, but to ensure that designs are compatible with each other, the site and other adjacent structures. No dwelling unit or building should stand apart in its design or construction as to detract from the overall environment of Hokuala. It is the intent of the development philosophy, the 2 930512.3 architectural standards and the design restrictions set forth in these guidelines to preserve, protect and enhance the special environment and community of the Project and Hokuala. These guidelines will be administered by a Design Committee, the members of which shall be appointed by the declarant under the Master Declaration (“Master Developer “) during the Declarant’s Control Period (as defined in the Master Declaration). Thereafter, the Board of Directors of the Hokuala Community Association (“Board”) shall appoint the members of the Design Committee. The purpose of the Design Committee is to evaluate each proposed design for appropriateness to its lot and compliance with these guidelines. Its job is one of assistance, helping owners and their design teams maximize the owners’ architectural and living experiences at Hokuala. The Design Committee has the right, but not the obligation, to grant waivers for minor deviations and infractions of established criteria. The granting of any waiver for any portion of the lots may be given or withheld at the Design Committee’s sole discretion. A prior grant of a similar waiver shall not impose upon the Design Committee any duty or obligation to grant new or additional requests for such waivers. Should an owner fail to correct a violation of these guidelines within thirty (30) days after receiving notice thereof, the owner will be liable for all costs of removal, restoration and enforcement incurred by the Board or its designee in performing such removal and restoration, plus interest. It is strongly recommended that a Lot owner wishing to construct a house in the Project have such owner’s architectural designers and builders contact a Design Committee or Master Developer representative prior to commencing the design phase of the dwelling unit so that said professionals may gain a complete understanding of these guidelines. 2 Use and Site Development Restrictions and Requirements Each owner, developer and occupant of a lot in the Project (“Lot”) shall at all times comply with all applicable laws and all of the provisions of the Master Declaration. Although the Permits and HCP are included in these guidelines, the official documents that require compliance should be reviewed in their entirety. Each owner of a Lot shall be responsible for ensuring that such owner’s architect, engineer, general contractor and all subcontractors also comply with all applicable laws and ordinances, and with all of the provisions of the Master Declaration, Permits and HCP. In addition, each owner, developer and occupant of a Lot shall at all times comply with and observe each of the following provisions; provided, however, that in the event of any conflict between or among the provisions set forth below, the provisions of the Master Declaration and 3 930512.3 applicable laws, codes or ordinances, the most restrictive provision, law, code or ordinance shall control. All dwelling units located between the 60 and 65 DNL noise contours shall achieve an interior noise level of 45dB. Acoustical design compliance shall be certified by a registered professional acoustical engineer. Accessory uses and structures including garages and carports not used for human habitation or occupancy may be placed within the area greater than the 65 DNL noise contours without mitigation. 2.1 Utilities a) Except for propane gas, utility services shall be provided to the boundary of each Lot or parcel. All house connections for all utilities including, but not limited to, water, sewer, electricity, telephone, cable and any other utilities shall be installed underground from the proper connecting points to the dwelling structure in such a manner as to be acceptable to the governing utility authority and Design Committee. b) Propane gas must be within an enclosure, screened from the view of golf courses, and adjacent lots and streets, as approved by the Design Committee, County of Kauai (“County”) agencies and gas supplier. c) Meters and service panels shall be screened from public view. d) Satellite dishes and antennae (including ham radio) require approval by the Design Committee and shall be screened from the view of golf courses, adjacent lots and streets. 2.2 Individual Lot Plot Plans a) Plot plans for each Lot will be furnished to the owner thereof designating: i. Approximate utility locations ii. Approximate pad elevations iii. Buildable area of the Lot iv. Building setbacks v. Minimum planting or lagoon water line vi. Building height limits vii. Number of stories All grades, contours and utility locations indicated thereon are approximate and subject to verification by the owner prior to start of construction. 4 930512.3 b) It shall be the owner’s responsibility to examine the plot plans, arrange for a subsurface soil investigation and design and construct the dwelling accordingly. Each owner is advised to obtain a comprehensive soils report prior to commencing construction upon a Lot. c) The Master Developer and Design Committee make no representation and assume no responsibility for the accuracy of information set forth in the plot plans, which information is approximate and subject to verification by owners. 2.3 Easements a) No improvements, including, without limitation, roof eaves and overhangs, or major planting shall be placed on, below or above utility easements without the prior written consent of the Design Committee and, if applicable, the prior written consent of the person or entity utilizing the easement or to whom the easement has been granted. b) Any owner of a Lot intending to grant an easement must first submit a written request to the Design Committee and Master Developer. The granting of such easement shall not unreasonably interfere with the use of the easement area by other Lot owners, the Hokuala Community Association (“Master Association”), or the Master Developer, to the extent any of them have the right to use the subject area. The person or entity to whom the easement is granted must proceed promptly and expeditiously to restore the surface of the easement area to its original condition as soon as possible after completion of any work therein. c) Any entity or person requesting an easement shall submit a written request to the Design Committee with a recordable document and process of approvals. 2.4 Grading a) The owner of a Lot shall accept the condition of such Lot in an “as is” and “where is” condition. All subsequent grading work performed by the owner shall be in strict compliance with plans as approved by the Design Committee. b) It is the general intent of these guidelines to avoid massive grading and retaining walls and to balance cut and fill volumes. c) Grading shall be gently contoured with no cut and fill banks greater than 3:1 slope. 5 930512.3 d) Finish grades on re-graded slopes must transition into the natural grade in a manner that appears natural and seamless. e) The maximum fill on any Lot shall be 24” above the existing grade noted on the plot plans provided. Figure 3.3 – Typical Retaining Wall Requirements 2.5 Lot Drainage a) The flow of existing surface and/or subsurface drainage onto, across or from each Lot shall not be obstructed. b) Storm water generated on each Lot shall be disposed of in drywells or retained on the same Lot. No storm water shall be discharged onto an adjacent Lot, golf course or roadway. c) The design for Lot drainage facilities shall be prepared by an architect or civil engineer registered in the State of Hawaii and shall be subject to the prior approval of the Design Committee. d) Onsite drainage systems must be designed to accommodate site development without increasing run-off or off-site impacts. e) Lot drainage and grading design shall comply with the requirements of the Resort Master Drainage Study (current edition) as applicable. Hard connections to the primary storm drain are not permitted. f) Grass along driveways, walkways, gutters and roadways shall be kept edged and shall not be allowed to encroach onto any drainage inlet grate, driveway, swale, sidewalk, gutter or roadway. Grass clippings shall be removed from all paved areas immediately after mowing and edging. 6 930512.3 2.6 Fire Hazard a) Each Lot, and all improvements located thereon, shall be maintained by the owner thereof in good condition and repair, and in such manner as to not create a fire hazard, all at the owner’s expense. If the owner fails to comply, the Master Association shall have the right to perform remedial work and to assess the cost to the owner as a special assessment pursuant to the Master Declaration. b) Each Lot owner shall be required to abide by local, state and national fire protection standards. 2.7 Planted and Undisturbed Areas Only 50% of the Lot area shall be covered by buildings, pools, driveways, walkways, lanais and other paved or impermeable surfaces; conversely, planted area shall not be less than 50% of the land area of each Lot. 2.8 Paved Play Area Paved play areas shall not be permitted within setback areas, and all play areas must be adequately screened by landscaping or other acceptable architectural means. No paved play areas or recreational equipment is permitted in the front or side yard. 2.9 Vehicle Repair and Parking There shall be no repair, except emergency repair, performed on any vehicles, boats or motorized equipment, including golf carts and all-terrain vehicles, on or adjacent to any Lot. Storage of boats and watercraft are not permitted on a Lot. Parking of permitted vehicles is limited to paved areas only; no parking on areas designated as landscaping. 2.10 Habitat Conservation Plan (HCP) It is illegal to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect or attempt to engage in any such conduct with regard to any of the bird species covered under the HCP. Pets must be properly controlled and kept within established pedestrian walkways and sidewalks at all times. Dogs and cats must be kept on a leash or reins held by a person capable of controlling the animal at all times. Pets that harm or threaten endangered or threatened bird species may be banned from Hokuala. Trash and food waste must be disposed of properly to ensure that protected bird species do 7 930512.3 not come into contact with potentially dangerous trash or food waste. Trash receptacle lids must be closed or latched to ensure closure. The Lot owner shall be responsible for all legal actions, fines, or other impositions resulting from such owner’s or such owner’s guests’, licensees’ and invitees’ noncompliance with the HCP. a) HCP Construction Plan - Prior to commencement of construction on a Lot, an owner shall submit a bird safety mitigation plan to the Board, which plan must be in compliance with the requirements of the HCP. Specific information regarding these requirements is included in the Declaration of Covenants, Condintions and Restrictions for Kauai Lagoons. 3 Architectural Standards 3.1 Architectural Character The architectural style of Hokuala draws its inspiration from traditional and historic Hawaiian design themes and motifs. The desired character is one of simple elegance achieved through the use of natural materials, earth tone colors and appropriate ornamentation. Buildings shall have gently pitched wood or concrete shingled roofs with deep overhangs shading walls and generously sized door and window openings. Large lanais link the dwelling unit to the outside and provide sheltered outdoor living spaces. Openings are oriented toward ocean and golf course views and are placed to provide maximum cross ventilation. The Kauai climate within Hokuala should dictate design. Privacy for openings oriented toward neighbors’ yards should be achieved by creating garden courts that are surrounded by privacy walls. The Design Committee shall prohibit architectural styles, without liability or limitations, when the architectural character of a building is not harmonious and or detracts from the intended architectural character of Hokuala. 3.2 Buildable Area The “buildable area” of a Lot shall consist of all the area defined by the building setback lines. Buildable areas have been established to reasonably protect open space and view corridors and to respond to existing topography. All improvements, except garden and retaining walls, pools and fences depicted on a Design Committee approved plot plan, must be confined solely 8 930512.3 to the buildable area of each Lot and may not be located in or encroach on any setback areas. 3.3 Building Footprint The building footprint shall mean the area of the Lot, within the buildable area, covered by the horizontal areas included within the exterior walls of all structures (including garages) on the Lot, plus any area with the exterior posts supporting a solid overhead roof or covering. 3.4 Finish Floor Elevation a) Finished floor elevations shall not exceed existing grades by more than four (4) feet, or less as approved by the County Department of Public Works and Planning Department ordinance, as shown on the individual plot plans for each lot. b) Massive cutting and filling and high retaining walls shall be avoided. 3.5 Building Envelope a) A building envelope or a three-dimensional volume of space for each Lot is established. The building envelope defines building height and setback limitations and is shown on the individual Lot plot plan. Building envelope designations are based on setback considerations, view planes and other site planning and design criteria. b) All parts of the building, except overhangs at the front setback, shall be designed to fit within the allowable buildable area given for each Lot unless specifically approved by the Design Committee. 3.6 Building Height No single-family dwelling or accessory structure shall be more than two (2) stories above and one (1) story below from the finished grade at the main entry, over twenty (20) feet measured from the finished grade at the main entry to the highest exterior wall plate line, and over thirty (30) feet to the highest point of the roof measured at each point along the building from the finished grade at the main entry. The finished grade at the main entry shall not be elevated more than a maximum of two (2) feet from the existing grade. Lower minimums may be imposed as a condition to Design Committee approval to recognize topographic, light and air, privacy or architectural conditions of adjacent development or uses. 9 930512.3 3.7 Minimum Dwelling Size Each single family detached dwelling construction upon a Lot shall have a minimum of two thousand (2,000) square feet of enclosed living area, excluding the garage, storage areas and lanai areas. Unless approved in writing by the Design Committee as to use, location and architectural design, no greenhouse, tool or storage room or any other structure may be constructed separate and apart from the dwelling unit. 3.8 Garage, Guest Parking a) Each single-family dwelling constructed upon a Lot shall include a garage for at least two (2) cars containing not less than four hundred (400) square feet of parking area under the roof, (measured to the inside face of walls), which may be attached to or detached from the dwelling. All garages shall be fully enclosed with garage doors. Every garage, whether attached or detached, shall contain not less than an additional one hundred (100) square feet of covered and enclosed floor area for storage facilities. b) All garages must have a minimum width of twenty-two (22) feet for a two-car garage measured from inside the walls of the garage and a minimum single overhead door width of sixteen (16) feet for a two-car garage. c) All garage doors shall be equipped with electrical or other self-powered automatic garage door opening devices. d) Privately owned golf carts must be stored within the enclosed garage space. e) One (1) additional paved guest parking space shall be provided on each Lot. f) Garage doors facing the street shall be recessed an additional ten (10) feet behind the front yard building setback. Garage doors facing the street are discouraged. 3.9 Roof Materials, Pitch and Overhang a) Roofs shall use high-grade cedar or resawn shingles; standing seam metal roofing, concrete or clay tile, and slate may also be permitted by the Design Committee. 10 930512.3 b) Roofs shall be designed with either a single or double pitch at a minimum 4:12 main slope and 3:12 secondary slope. c) Flat roofs shall be prohibited unless the Design Committee approves. Areas where flat roofs may be desirable such as a lanais, porches and balconies will require Design Committee approval. d) Roof colors shall be earth tones, and non-reflective. e) Gutters with downspouts are required. In no event should gutters and downspouts drain onto adjoining Lots. Copper is the recommended material for all gutters and downspouts. Profiles are subject to Design Committee approval. f) Roofs shall be maintained and kept free of mold, mildew and rust. g) Overhangs: • Roof overhangs shall be 3’-0” wide minimum not including gutters as measured horizontally and shall not extend into the side building setback areas unless specifically approved by the Design Committee. • Overhangs shall not encroach into easement areas. The predominant roof form for any portion of the roof shall be hip roof form. Other minor roof elements, including formers, Dutch gables, or similar roof elements may be permitted so long as they are secondary to the predominant hip form. 3.10 . Building Surfaces Articulation of building surfaces is encouraged to soften their appearances and reduce mass. Articulation should be achieved by utilizing various architectural elements including: • Projections and recesses to provide shadows and depth • Lanais • Sun shading devices such as trellises • Staggering of wall planes • Articulated doors, windows and wall openings • Avoidance of large unbroken wall and roof surfaces • Entry to the dwelling unit through a covered entry lanai is encouraged • Covered entry lanais shall be proportional and have forms 11 930512.3 consistent with the architecture of the house Limitations on Second Floor Area: Where a dwelling unit has a second story, the total area of the second story shall not exceed sixty percent (60%) of the area of the first story, including enclosed areas and covered lanais (as defined by the vertical support line), but excluding any garage, porte cochere and similar vehicle structures. For the purpose of this calculation, the second floor area shall include all floor area and spatial voids (such as clerestory grand rooms, stairwells, etc.) at the second floor level. Refer to Figure 4.4 – Second Floor Area. Figure 4.4 – Second Floor Area Lanais: Lanais are strongly encouraged as outdoor living areas; in fact, they are a major element of good Hawaiian home design. They should be designed to match the style of the house, sized to be meaningful and useful spaces, adequately shaded and positioned to maximize view while minimally impacting the privacy of neighbors. 12 930512.3 Lanais shall be well integrated into the architecture rather than appearing to be placed on the surface of a façade, or in anyway looking like an added-on feature. Lanais shall be designed to provide functional space and allow for adequate furnishing. Consideration should be given to trade wind direction to optimize the usefulness of the lanai space. Lanai Railings: Lanai details should be consistent with the design of the house and not stand out as a separate element. Railings may be wood or wood composite material. In some cases, contemporary design, metal, stainless steel cable or glass will be acceptable. As with all exterior materials, but specially, with composite materials, samples are required to be submitted to the Design Committee for approval. Approval will be based on the quality of the product in terms of finish and detail. 3.11 Exterior Lighting and Displays a) All exterior fixtures shall be constructed from copper or heavy-wall brass. b) No exterior lighting shall be installed on any Lot or building without adequate and proper shielding of the fixture. No lighting fixture shall be installed that may be or become an annoyance/nuisance to the residents of adjacent dwelling units, conflict with or violate County statutes, HCP regulations or Federal Aviation Administration regulations. See Figure 3.0 ALL LIGHTING SHALL BE “DARK SKY” RATED. c) In order to minimize adverse impacts on Federally Listed Threatened or Endangered Species, and sea birds such as Newell’s Shearwater, Hawaiian Petrel, and other seabirds, any exterior lighting used on a Lot shall only be of the following types: shielded lights, cut-off luminaries, or indirect lighting. Spotlights aimed upward and spotlighting of structures and landscaping is prohibited. d) Lighting fixtures shall be installed to strategically illuminate areas for nighttime functions, security, address markers and enhancement of nighttime experience while preserving the night sky ambience and dark sky criteria. e) Colored (non-white), fluorescent, high intensity discharge exterior and flashing lights, exposed bulbs and flood lamps on roof eaves are not permitted. 13 930512.3 f) Exterior holiday decorations may only be displayed between December 14th and January 7th. g) Political signs and lights are prohibited. h) Flags and Flag Poles – Freestanding flagpoles will not be permitted on any Lot. Flags may be mounted on a house and must be of moderate size. The color of the flag pole must match or complement the color of the surface on which it is mounted. a) Figure 3.0 – Lighting Concepts 3.12 Driveways a) All driveways shall be paved with a stable permanent construction of at least 16’-0’ in width at the entrance to the garage. b) Driveways should be constructed in a way to enhance the landscaped Lot area and may encroach into the setback lines to provide adequate width, parking and turning radius. c) Driveway aprons shall be paved. Pavement materials shall be approved by the Design Committee. Recommended materials are asphaltic concrete, textured concrete, concrete or stone pavers. d) Driveways with a slope of twelve percent (12%) or more shall be paved with concrete. e) Entry gates are not permitted. f) Maximum grades of driveways shall not exceed fifteen percent (15%). g) Driveways shall be regularly maintained and free of mold, mildew and rust. 14 930512.3 3.13 Air Conditioning System and Mechanical Equipment a) Mechanical equipment shall be located within the buildable area (not in setbacks) unless specifically approved by the Design Committee. b) The placement of mechanical equipment on any roof is prohibited. c) Mechanical equipment shall be placed behind walls or in enclosures for sound attenuation and visual screening. d) The level of sound or noise emanating from air conditioning and other mechanical equipment on a Lot shall not exceed 40 decibels measured at any point on the Lot. e) If the proposed noise mitigation measures are deemed to be insufficient, the Design Committee may request more information justifying the adequacy of the proposed measures, or the incorporation of additional treatment. f) Notwithstanding the above, should complaints occur while any air conditioning or mechanical equipment is in use, the Design Committee may, without liability or limitation, restrict or prohibit the operation of the equipment found to be generating property line noise levels exceeding 40 decibels until the implementation of additional noise mitigation measures that are provided by the owner and approved in writing by the Design Committee. g) Cooling with systems of active or passive solar and other forms of energy other than electric may be approved by the Design Committee. Components of such systems that are affixed to the exterior of a building shall not be permitted unless the design thereof is appropriate to the building design and has been specifically approved by the Design Committee. The Design Committee will consider the view of equipment and components from golf courses, adjacent Lots and streets prior to approval. Solar systems must be installed in a manner that avoids reflecting light in the day or emitting undesirable light at night and will not cause a violation of County, state, or federal dark sky or other requirements. h) No window air conditioning units or wall mounted air conditioning units shall be permitted. i) There shall be no air conditioning units, pool equipment, irrigation pumps, pool heaters, water purification or softening units, or other 15 930512.3 equipment placed at the front of any dwelling unit. If such equipment is placed to the side or rear of any dwelling unit but is still visible from any roadway, golf course, lagoon, or adjacent dwelling unit, it shall be fully screened with landscaping or a permanent type of building material. j) The location of bedroom windows and doors on dwelling units located on adjacent Lots should be considered when placing air conditioning units or pool equipment in order to mitigate the noise generated by them so as not to disturb neighbors. 3.14 Swimming Pools, Water Features a) Swimming pool and water feature design shall be submitted to the Design Committee as part of the preliminary and final plans for a Lot. Swimming pools and swimming pool decks shall have a minimum ten (10) foot setback from property lines. b) Swimming pool equipment and housing shall be enclosed and contained within the buildable area. Water features and their equipment and housing shall be contained within the buildable area. Swimming pool equipment rooms shall include sound attenuation mitigation measures. c) Equipment areas must be designed to visually and acoustically buffer the equipment from the neighboring Lots and common areas. The design of any required solid wall or fence enclosure must match the character of other walls of the dwelling unit. d) The top of any required wall or fence enclosure should be a minimum of 12” above the top of the equipment, but not higher than 6’. e) Mechanical equipment must be placed inconspicuously, yet in accessible locations. f) Grade separation as a design tool to achieve swimming pool barrier requirements should be explored thoroughly and, in many conditions, is the preferred method to establish a swimming pool barrier, as and if permitted by applicable code. The proposed swimming pool barrier should be shown on all design submittals. See Figure 3.1 above. g) No overhead electrical wire shall cross a swimming pool. All swimming pool lights, other than underwater lights, must be at least four (4) feet from the edge of the swimming pool and code compliant. h) Swimming pools and water features shall be maintained and kept operable in accordance with the rules and regulations of the State of 16 930512.3 Hawaii Department of Health. If a swimming pool or water feature is abandoned or becomes a nuisance, the owner shall demolish and remove the swimming pool or water feature, and insofar as practicable, restore the land to a condition of approximating that which existed prior to the construction of the swimming pool or water feature and properly landscape and maintain the restored area. The method of demolishing the swimming pool or water feature shall be subject to prior written approval by the Design Committee. i) The swimming pool area shall be fenced or screened as required by County and State of Hawaii laws and regulations. Fencing and/or screening shall be approved by the Design Committee. Any swimming pool must comply with the current building code. j) Temporary drainage hoses are not permitted as permanent elements. If used, they must be rolled up and stored after use. k) Swimming pool backflush or drainage is not allowed to be disposed of in the sanitary sewer system, or directly into an open space or other natural drainage area. A drywell may be required for disposal or the ability to meter the flow rate of the effluent. The swimming pool design included in an owner’s final plans submitted to the Design Committee must contain swimming pool water removal/backwash means and methods, including the following: *Route of the discharged water from the rear of the house site to the nearest storm drain; *Proposed system (permanent buried pipe or temporary hose/apparatus to pump or convey the water to the destination). Figure 3.1 pool wall and trough 17 930512.3 3.15 Refuse Storage, Garbage and Trash Disposal a) Refuse receptacles are to be located within the buildable area of each Lot. The refuse receptacles must be covered and screened completely from view of adjoining Lots and common areas either by landscaping or other screening material that is compatible in design and color with the main structure. b) No Lot shall be used or maintained as a dumping ground for rubbish, trash or other waste. c) There shall be no burning of trash or any other waste material on a Lot. d) Trash, garbage and recycle containers shall not be placed at the curb for pick up before 6:00pm one day prior to scheduled pick-up and shall be removed from the curb no later than 6:00pm of the pickup day. e) Walled or fenced trash enclosures, sized to accommodate two (2) or more trash containers, should be located close to the driveway or side garage door access. Trellises or landscape groupings can be used to help conceal these areas from view. 3.16 Exterior Materials/Colors a) All materials shall be either stucco, exterior insulation and finish system (EIFS), plaster, stone, cast concrete, board and batten or shiplap siding. All wood siding shall be paint or stain grade quality or better. Samples of the siding material shall be submitted to the Design Committee as part of the final plan application. b) No vinyl, pre-finished metal siding, plain surfaced or grooved plywood panels or composite or pressed-wood siding shall be permitted. c) All exterior wall materials must be continued down to within six (6) inches of finish grade so that unfinished foundation walls will not be exposed. d) Exterior colors shall match those selected and approved by the Design Committee. This shall apply to repainting even if the repainting is intended to identically match the structure’s existing color scheme. e) Imitation and faux finishes intended to match these permissible materials are discouraged and must be approved by the Design Committee before use. 18 930512.3 f) Concrete masonry block is not permitted as an exterior finish. g) If stucco is applied to the exterior, the stucco must be painted after the stucco is applied or appropriate color agent may be integrated when the stucco is applied. h) Stucco and wood are to be maintained “as new” condition and kept free of mold, mildew and rust. i) Highly reflective finishes are not permitted. 3.17 Fences, Walls, Hedges and Enclosures a) Enclosures are not permitted within ten (10) feet from the property line unless specifically approved by the Design Committee. b) Fences, walls, hedges and enclosures up to forty-eight (48) inches in height shall be set back a minimum of ten (10) feet from the front property lines. Exposed face of retaining walls shall not exceed six (6) feet in height, including the non-retaining portions of the walls. c) Fences, walls and hedges located along side property lines shall not exceed six (6) feet in height from the finished grade and shall not extend past the front and rear setbacks. d) Retaining walls and foundations of more than three (3) feet in height or where placed upon embankments of filled areas shall be designed by an architect or civil or structural engineer duly registered as such in the State of Hawaii. The maximum height of any exposed face of any wall shall be six (6) feet as measured from the finished grade on either side of the base of the wall. e) All walls shall be constructed of lava rock, blue rock, concrete or concrete block. All exposed surfaces shall be finished with lava rock, blue rock, veneer or stucco. Rock walls shall be constructed dry or with no mortar showing. f) Wood or metal fences are permitted wherever appropriate. The fence shall be of an attractive design, have a high-quality finish and must be approved in writing by the Design Committee. Fence, gate and wall designs should relate to the architecture. Fencing shall be designed to be equally attractive from both sides. The use of a plain board, chain link or vinyl fence is not permitted. 19 930512.3 g) Property line fences shall be developed in common with adjacent property owners to eliminate double fencing, wherever possible. 3.18 Laundry Facilities a) Laundry facilities and any service or utility area, including any area for hanging clothes, must be screened from view from other properties, the golf course and roadways. b) No clothesline shall be placed on any Lot at any time. c) Laundry appliances must be located inside a structure. 3.19 Skylights Skylights are not permitted at Hokuala due to the dark sky requirement. 3.20 Roof Decks/Observation Platforms Roof decks and observation platforms are not permitted. Second floor lanais are only permitted where two (2) story buildings are allowed. 3.21 Lanai Enclosures Lanais may be enclosed with sliding glass doors or screened with the approval of the Design Committee. Solid enclosures, such as roll-down blinds, are prohibited. 3.22 Temporary Structures No structure of a temporary character, trailer, tent, basement, shack, garage, barn or other out-building shall be used on any Lot at any time. 3.23 Sustainable Development Hokuala is committed to environmental stewardship based upon resource management and conservation. The designer and builder shall consider the application of Leadership in Energy and Environmental Design (LEED) standards and strategies wherever feasible for sustainable site, utilities and building development. Exterior fixtures such as solar devices, including related hardware, equipment and components shall be clearly indicated on construction drawings and must be permitted prior to Design Committee approval. 20 930512.3 3.24 Mailboxes The required mailbox for each property shall be a postal box cluster provided by the Master Developer, or its affiliate, at a location in relative proximity to the property as designated by the United States Postal Service. 3.25 Fireplaces and Outdoor Fire Features a) Open fires in charcoal or gas fire grills commonly used for preparation of meals are permitted. b) Open fires in exterior, in-ground decorative natural-gas appliances with listed pilot safety and flame safeguard devices in working order are allowed with the approval of the Design Committee. c) Wood burning appliances such as a fireplace without approved spark arresters or front grates are prohibited. Any exposed portion of a chimney outside of the dwelling unit shall be constructed solely of brick, stone or stucco. If a fireplace or other appliance is a metal (self-insulated) type with a metal spark arrestor at the top of the chimney, the arrestor must have a cowling or surround made of material approved by the Design Committee. 3.26 Windows Windows must be wood or aluminum with the color of the finish being either oil rubbed bronze, black, brown or white. 3.27 Exterior Furnishings All exterior furnishings, located in a garden or on a lanai, must be acceptable for exterior use with a proper weathering life span. 3.28 Accessory structures Covered areas that connect separate structures or are free-standing are to be in scale with the primary structure. Refer to Figure 4.6 – Accessory Structure. 21 930512.3 Structure Figure 4.6 – Accessory Structure 4 Landscape Standard 4.1 Overall Landscape Concept The landscape of Hokuala features a lush, tropical landscape theme. Within this theme are subtle variations and differing treatments that respond to the specific needs of each component of the resort. The lush landscape character can be defined as a dense, informal landscape comprised of a variety of canopy trees, palms, lush masses of shrubs, groundcovers and expanses of green lawn. Use of Hawaiian canoe plants and indigenous species are encouraged in Hokuala. Landscaping is restricted to the property line of a Lot. Landscape elements are arranged in a naturalistic pattern. Plants are planted informally, with an almost random appearance. Within coastal areas planting consists primarily of native, salt tolerant species to retain a natural appearance. Buildings and planting are arranged in a natural manner to preserve and frame vistas. Golf fairways function as view corridors, and the landscape between Lots and golf courses is generally open, turfed and shaded by strategically located coconut palms that frame individual views. 4.2 Design Considerations Special functional landscape design considerations include the following: • Proper arrangement of plant materials to reduce and absorb unpleasant sounds, smells and dust and to create a pleasant microclimate. 22 930512.3 • Respect for the ultimate growth of plants and their sensitivity to the site. • Screening of objectionable views of service areas and provision of privacy. • The amount and type of maintenance required and the ease of care for the general landscape. • Selection and placement of trees to frame views but not obstruct view corridors for other Lots. 4.3 Landscape Plans Landscape plans, prepared by a landscape architect duly licensed as such by the State of Hawaii, are required and must be approved in writing by the Design Committee. Plans shall indicate an irrigation system, drainage and planting design and materials list. The landscape areas visible by the public from the street, common areas or golf course areas are predominately green and more restrictive (in terms of plant selection) than private yards, which are enclosed and not readily visible by the public. More colorful plantings are permitted in the enclosed areas. The intent of this differentiation (public and private areas) is to assure the continued visual continuity of the entire Hokuala community. The landscape plan for each Lot needs to be consistent with Hokuala’s overall landscape concept, which includes both natural and developed landscape for the entire resort. 4.4 Required Landscaping Landscape work shall be completed and installed, as much as practical, concurrently with building construction and substantially complete no later than the “date of completion”, as that term is defined in Section 507-43 of the Hawaii Revised Statutes (HRS). 4.5 Size and Plant Material Minimum sizes of plant materials at time of installation shall be: Plant Material Minimum Sizes Flowering and Canopy Trees 8-foot high clear wood and 2-inch diameter at breast height (dbh) caliper trunk Palm Varieties 3-foot high clear wood Shrubs 2-foot high, 1 gallon 23 930512.3 It is also required that each Lot’s landscape plan include the planting of at least one four (4) inch diameter tree. An irrigation system must be provided to cover all planted areas and sod. 4.6 Top Soil Top or fill soil material brought to the Lot site by the owner shall be treated to be free of nut grass, clay, termites and other deleterious matter. 4.7 Undisturbed Areas No plant material shall be introduced in undisturbed lava and vegetation areas. In addition, no water, fertilizing or other maintenance activities shall occur in the natural undisturbed areas other than those required for cleanup of man-made debris. 4.8 Prohibited Plant List The plants set forth in the list of Prohibited Plants (attached hereto) include species with characteristics that are incompatible with Hokuala by reason of profuse and obnoxious pollen, excessive height, weed-like characteristics, high water demands and other similar traits. Under no circumstances is it permissible to plant any item from the Prohibited Plants list or any material defined as an invasive species. 4.9 Approved Plant List To guide owners in selecting plants, a list of Approved Plants (attached hereto) has been established. Plants not listed on the Approved Plants list of but desired by the owner may be submitted to the Design Committee for specific consideration. 4.10 Undeveloped Lots Owners of undeveloped Lots shall keep their property free from debris, trash and weeds. Trees shall be kept trimmed to eight (8) foot vertical height over sidewalks and twelve (12) foot vertical height over roadways. Grass shall be mowed by a mower (not bush hogged by a tractor) weekly. Waterfront properties shall be kept clear of weeds up to the water edge. Parking of vehicles, boats, trailers, etc. on undeveloped Lots is not permitted. One sign advertising the Lot for sale may be displayed on the Lot. The sign to be used shall be approved by the Design Committee. No other signs are permitted. 24 930512.3 4.11 Spraying a) The Hawaii Pesticide Law, Chapter 149A of the Hawaii Revised Statutes shall be enforced. b) Pesticides must be applied as prescribed by the manufacturer. c) Warning must be given to each adjacent property owner prior to pesticide application. d) The use of herbicides is strongly discouraged. Natural ground cover to mitigate weeds should be considered. 4.12 Tree Removal In reviewing the building plans, the Design Committee shall consider the natural landscaping and shall encourage the builder to incorporate it in its landscaping plan. No living trees with trunks larger than four (4) inch diameters may be removed without approval of the Design Committee, which approval may be based upon the necessity of removal for the construction of the dwelling unit or landscaping of the Lot. If any living tree(s) is (are) removed without the approval of the Design Committee, in violation of this section, the Design Committee shall have the right to require the owner to replace, at the owner’s expense, the tree(s) with a tree(s) of comparable caliber and as approved by the Design Committee. If the owner fails to replace said tree(s) within thirty (30) days of receipt of written notice of improper removal, the Design Committee may replace such tree(s) and charge all reasonable expenses thereof, including, but not limited to, administrative, architect and landscaping fees and the costs of materials and labor, plus the cost of collection to the owner. Any dead tree shall be removed from a Lot and replaced at the owner’s expense within thirty (30) days of the death of such tree. The replacement tree shall be of the same type as the dead tree unless the Design Committee approves the planting of a different type of tree or determines that the dead tree need not be replaced. 5 Approval Procedures and Requirements 5.1 Consultation Services: Approval of Owner’s Architect a) Before the preparation of preliminary drawings for improvements on a Lot, the Lot owner’s architect shall arrange for a pre-application meeting with a representative of the Design Committee for suggestions as to the location and design of the improvements to be constructed on the Lot and assistance in interpretation of the requirements imposed under 25 930512.3 these guidelines and the Master Declaration. The owner shall use a reputable architect duly registered in the State of Hawaii. The architect’s general qualifications will be subject to the prior approval of the Design Committee, and the past performance and credentials of the architect and the architect’s general concept for the dwelling unit will be taken into consideration in evaluating the acceptability of the architect. (The architect approved by the Design Committee is referred to herein as the “Approved Architect”) The Design Committee’s written approval of the architect shall be obtained by the owner before the architect proceeds to prepare any working drawings. b) The Design Committee’s acceptance of the Approved Architect in no way constitutes any assumption of liability or responsibility for the Approved Architect’s performance by the Master Developer, Design Committee or Master Association. 5.2 Architectural Control No Structure or other improvement shall be erected, placed or altered on any Lot until: a) The preliminary and final construction plans and specifications prepared under the immediate and direct supervision of, and stamped by, the Approved Architect have been submitted to and approved by the Design Committee in writing. b) The landscape plans and water feature and or swimming pool plans for the Lot have been submitted to and approved by the Design Committee in writing. c) The owner submits to the Design Committee a written acknowledgment (the form of which shall be prepared or approved by the Design Committee) from both the owner and the owner’s general contractor, stating that they have received copies of, and agree to abide by, these guidelines and the Master Declaration. It is recommended that the approvals described above be obtained before any materials are ordered or purchased for the construction of improvements on the Lot. In the event the proposed improvement or alteration is for exterior repainting (decorating the exterior of any structure in a manner affecting only the exterior color thereof) only, it shall only be necessary to obtain written approval of the color scheme from the Design Committee prior to the commencement of such work. 26 930512.3 The interior of any dwelling unit may be repainted, remodeled or redecorated without Design Committee approval. However, modifications to the interior of enclosed patios, porches, lanais or similar areas that are visible from outside the dwelling unit are subject to Design Committee approval. The approval of the Design Committee may be withheld in its sole discretion, without limitation or liability, upon any of the following grounds: a) The construction or alteration work shown on the plans and specifications and other materials submitted fail to comply with the conditions, covenants and restrictions set forth herein or in the Master Declaration or in any other applicable document that is administered by the Design Committee. b) The improvements shown on the plans and specifications and other materials submitted are deemed unsatisfactory in location, design, exterior design or color, or would not be in harmony with Hokuala. c) The proposed work does not comply with the spirit and intent of relevant documents as applied by the Design Committee. The approval of any plans, specifications or variances by the Design Committee shall not be deemed to waive the right of the Design Committee to object to the same or similar plans or specifications of any feature or element embodied therein if and when the same or similar plans, specifications, features or elements are submitted for approval for use on other Lots in Hokuala or in the future for the same Lot. 5.3 Review Fee Review fees will be established on a proposal-by-proposal basis depending on the scale, scope and complexity of the associated review process but in no event shall a review fee be less than five thousand dollars ($5,000). The Master Developer and Design Committee will evaluate and adjust the review fee on an annual basis. 5.4 Procedures for Submitting Plans (Design Review Process) The review and approval process shall consist of a two-step process of Preliminary Design Review and Final Design Review. Once Preliminary Design Approval is given, the owner may submit final plans for Final Design Review. Each owner shall have the Approved Architect submit to the Design Committee the following items for the Design Committee’s design review prior to commencing any construction or other work upon the owner’s Lot: 27 930512.3 a) Preliminary Design Review - Preliminary Plans (3 bound sets) Preliminary plans must include, without limitation, the following: 1. One-1/8” scale floor plan. 2. Four-1/8” scale exterior elevations with materials indicated. 3. Two-1/8” scale site/building cross sections with elevations and roof height elevations noted. 4. One-1/8” scale site plan showing building placement, roof overhangs, building square footage, vehicle access, percentage of allowable buildable area covered, finish floor elevations, drainage design, existing and proposed preliminary grades, conceptual landscape plan, compass, trade wind and solar orientations, driveway, retaining walls, fences, lanais, decks, patios, easements and building setbacks, existing street tree locations, utility hook-ups, all site dimensions and Lot number, swimming pool, spa, equipment rooms, mail box (if applicable) and any other information which may be requested by the Design Committee. 5. Calculations on building square footage, percentage of buildable area covered and any other calculations that may be required by the Design Committee. 6. Topographic survey of the existing contours at one-foot intervals. 7. Samples of proposed exterior finishes, if applicable. 8. Proposed construction schedule. 9. Variance requests, in writing, for any nonconforming portion of the plan. Any variance requested shall be discussed with the Design Committee prior to submittal of the preliminary plans. 10. List of consultants. Review of the preliminary plans shall follow the standards and restrictions set forth herein. The review shall consider: 1. Compliance with the Master Declaration, Permits and the HCP. 2. Siting and orientation of the proposed dwelling unit. 3. Setback lines and height restrictions. 4. Building envelope. 5. Architectural character. b) Final Design Review - Final Plans (3 bound sets) Final plans must include, without limitation, the following: 1. Final working drawings (including exterior electrical drawings). 28 930512.3 2. Landscape (existing and proposed grade with contours and the ground floor finish elevation) and irrigation plans. 3. Specifications (must include electrical specifications). 4. 100% performance bond and 100% labor and material payment bond, if applicable. 5. Ground termite treatment warranty. 6. Hurricane shutter protection scope of work and drawings. 7. Cut sheets for all window and exterior doors. 8. The full non-refundable review fee as determined by the Design Committee. 9. Identification of contractor and subcontractor engaged in the construction of the Lot improvements. 10. Contractor staging and logistics plan, including delivery and personnel parking and street access routes and conformance with Section 6.5 below. 11. Contractor street cleaning contract in conformance with Section 6.4(f) below. Prior to final approval, the Lot must be staked to accurately reflect the location of all structures. Plans and specifications submitted to the Design Committee are not reviewed for structural or engineering sufficiency or conformance with any governmental law, ordinance or building code, and, by approving any such plans and specifications, neither the Design Committee nor its members assumes liability or responsibility for any defect in any structure or noncompliance with such law, ordinance or code. Within thirty (30) days of receipt of all required information, the Design Committee shall respond in writing. If the Design Committee disapproves any submitted plans and specifications, the Design Committee shall notify the applicant in writing. The applicant may request a formal meeting with the Design Committee to review disapproved documents or design concepts. Any revisions requested by the Design Committee shall be resubmitted for approval. The Design Committee shall make a final decision in writing within thirty (30) days of such a formal meeting from the day the revisions are received. The decisions of the Design Committee are final and there are no appeals to the Board. Upon obtaining written approval of the final plans from the Design Committee, the Lot owner shall submit plans and specifications to the County for permit. In the event that the County approvals have not been obtained within twelve (12) months from the date of approval by the 29 930512.3 Design Committee, the Design Committee shall have the right, but not the obligation, to review all plans and specifications again, prior to the commencement of construction. A copy of the building permit and a letter of intent to begin construction shall be provided to the Design Committee at least two (2) weeks prior to the commencement of any work on a Lot. 5.5 Applicable Laws The Lot owner shall be responsible for all submissions to the appropriate federal, state and County agencies, complying with all applicable laws, regulations, ordinances and codes and acquiring all permits necessary before commencement of any construction work on a Lot. 5.6 Performance of Work a) All construction, alterations and landscaping performed or placed on a Lot shall be performed or placed in strict compliance and conformity with the final plans and specifications approved by the Design Committee, and any deviation from such plans and specifications shall require the prior written approval of the Design Committee. b) All construction, alterations and landscaping performed or placed on a Lot shall be performed or placed in compliance and conformity with these guidelines and the Master Declaration. c) Construction work must commence within one hundred eighty (180) days of final approval or permit issuance by the governing authority, or approval by the Design Committee shall be automatically revoked without notice. In the event final approval is revoked, the Lot owner must resubmit the plans for final approval by the Design Committee, together with a new review fee, and obtain written approval thereof prior to commencing construction. The Design Committee shall not be bound by the decisions made under prior approvals. d) All work must be completed within eighteen (18) months of the date of final approval by the Design Committee, or the Lot owner shall apply for a written extension of time to complete construction from the Design Committee. e) The Lot owner shall have its architect provide to the Design Committee a Certified Survey As-Built Plan indicating all improvements, roof heights and setbacks within thirty (30) days from the “date of completion”, as that term is defined in Section 507-43, HRS. 30 930512.3 5.7 Final Inspection and Acceptance Prior to occupancy, the Lot owner or the Lot owner’s agent shall schedule an onsite inspection meeting with an authorized representative of the Design Committee in order to verify that the construction is in full compliance with the approved plans. The dwelling shall not be occupied until the Lot owner has received a written notice from the Design Committee stating that the dwelling has been inspected and been found to be in compliance with the approved final plans. If the Design Committee finds that such construction, reconstruction, alteration or refinishing is not compliant with the approved plans, the Design Committee shall notify the Lot owner of such noncompliance. The Lot owner shall then have sixty (60) days from the date of notification to remedy any and all such noncompliance. 6 Construction Requirements 6.1 Material Storage and Temporary Structures Subject to written approval by the Design Committee, temporary structures, trailers and construction materials may be placed on a Lot only at the commencement of construction and are to be completely removed from the Lot no later than thirty (30) days from the “date of completion”, as that term is defined in Section 507-43, HRS. Temporary structures, trailers and construction materials shall be placed on the Lot where construction is occurring and not on any adjacent Lot or common area without the prior written approval of the Lot owner or Master Association, as applicable, and the Design Committee. No equipment, lumber, brick, stone, cinder block, concrete or any other building materials, scaffolding, mechanical devices or any other items used for building purposes shall be stored on any Lot except for the purposes of construction on that specific Lot. On Lot storage shall not be extended for any period of time than what is reasonably necessary for the construction for which it is to be used. Prior approval for temporary construction storage structures must be obtained from the Design Committee. Any such construction storage structures may not be used as living quarters. 6.2 Blasting Blasting shall not be permitted, except where chemical blasting and rock removal is practical. In such a case, any chemical blasting shall be subject to 31 930512.3 the prior written approval of the Design Committee. All chemical blasting work shall be performed by a contractor licensed in the State of Hawaii. 6.3 Construction Signs A single construction sign approved by the Design Committee (i.e. sign identifying the name of the contractor, architect and/or construction lender etc. and/or displaying a color rendering of the front of the dwelling unit etc.) is permitted on a Lot. Signage cannot exceed six (6) square feet and shall be mounted no higher than four (4) feet above existing grade to the centerline with the longer dimension parallel to the ground. A contractor shall obtain any required permit for such signage from the County. 6.4 Refuse Disposal Bins, Trash and Site Maintenance a) Refuse disposal and cardboard bins shall be placed on a Lot only at the commencement of construction and shall be completely removed from the Lot no later than thirty (30) days from the “date of completion”, as that term is defined in Section 507-43, HRS. The disposal bins shall not be placed on any adjacent Lot or common area without the prior written approval of the Lot owner or Master Association, as applicable, and the Design Committee. b) Builders are required to keep jobsites clean and neat. Trash and discarded materials must be removed weekly as necessary to maintain a clean jobsite and the removal schedule shall be more frequent if required. Trash bins shall be covered at all times when not being accessed. c) Stockpiling of trash or materials on adjacent Lots or other areas within Hokuala is not permitted. d) If the Design Committee determines that trash and debris on the jobsite becomes a problem, a violation notice will be posted on the jobsite by the Design Committee, stating that the site must be cleaned within three (3) days. If after the three (3) day period the site has not been acceptably cleaned, the Design Committee may take action to have the debris removed with all costs involved in the removal charged to the Lot owner. e) Proper erosion and debris control measures are the responsibility of the Lot owner and the Lot owner’s contractor. The streets must be kept free and clean of all debris from erosion and construction activities. The contractor shall contract with the Master Developer or an approved alternate for weekly street cleaning. The Master Developer and/or 32 930512.3 Design Committee may require additional street cleaning on an as needed basis, in their sole discretion. f) All approved buildable areas must be fenced with a minimum six (6) foot high measured above grade dust fence, clad with eighty percent shade cloth. This fence should be maintained in a straight and orderly condition throughout the construction period. All driveway, dumpsters and portable toilets must be housed within the fenced perimeter. All improvements must occur within the fenced area. g) Builders are responsible for any materials or objects that spill or leak from vehicles anywhere within Hokuala. If spillage does occur, it is the responsibility of the operator for clean-up. Clean-up done by the Design Committee may be charged to the responsible Lot owner. h) The County requires all green waste to be disposed on-site. The contractor will be required to grind and mulch any green waste to reduce size, then haul said waste to the designated Hokuala green-waste mulch site. i) Hokuala is required by the County to implement best management practices for recycling and waste reduction systems to manage debris generated during all construction phases of the Hokuala development. This is a County imposed condition due to the limited space available at County waste disposal sites. The contractor shall implement a Construction Solid Waste Management Program prior to commencement of construction. 6.5 Site Preparation & Traffic Control a) The grade of the driveway apron to the property line of each Lot must be completed prior to the start of construction of any other structure on the Lot. All irrigation lines within any landscaped common area of a condominium project or planned unit development must be sleeved, reconnected and reburied, and all associated irrigation heads relocated as necessary. The contractor shall notify the Design Committee prior to performing any such work. b) All construction and service personnel, construction materials delivery and food and food supplies delivery shall enter and exit Hokuala only from the perimeter road off Kapule Highway (Ninini Point Street). Access from the main entrance of Hokuala at Rice Street or across the golf course is not permitted. 33 930512.3 c) Vehicles must be parked so as not to not obstruct traffic flow or to cause damage to any real or personal property. No construction or delivery vehicles of any nature may be left in Hokuala overnight. Construction equipment may be left on the site but must be kept off the street. d) Washing of any vehicle or equipment on the street is not permitted. Any washing of concrete delivery trucks must be done on the construction site in collection basins and removed from the site for disposal. e) Should any utility lines, including, without limitation, telephone, cable TV, electrical and water lines, be cut or otherwise damaged, it is the responsible party’s obligation to report this occurrence immediately. Cost of the repair will be borne by the responsible party or responsible Lot owner. 6.6 Portable Toilets a) A fully operational portable toilet must be maintained on the construction site at all times during construction and serviced in accordance with applicable State of Hawaii Department of Health and County sanitation standards. b) Any such toilet must be 1) located off the right-of-way and behind the construction fencing, with the door thereto opening in a direction not facing any street, 2) sanitized weekly and 3) kept generally free of litter both in and around the facility. 6.7 Contractor’s Acknowledgment & Liability a) Each Lot owner shall be required to have such owner’s contractor contact the Design Committee prior to commencing any construction or work upon the owner’s Lot. The contractor shall be provided with a copy of these guidelines and shall be required to acknowledge in writing the contractor’s receipt of, and agreement to comply with, all requirements prior to commencing any construction work. b) The Lot owner is wholly liable for the Lot owner’s contractor and all subcontractors and vendors employed thereby. c) Damage to streets, drainage inlets, streetlights, street markers, walls, fences and other structures shall be repaired by the party causing the damage. If not corrected within three (3) days, the Design Committee may repair the damage and charge the cost thereof to the responsible Lot owner. 34 930512.3 d) If historic/cultural remains such as archeological artifacts, charcoal deposits or human burials are found during construction, the contractor shall stop work in the immediate area and contact the State of Hawaii Historical Preservation Division at 808-587-0400 (or current telephone number if different), the Kauai County Planning Department and Master Developer to determine the appropriate action to be taken. e) Prior to initial occupancy, the fire and life safety systems of the dwelling shall be fully operational, have been tested by the contractor and approved by all agency authority having jurisdiction. f) Any and all construction activities must comply with the requirements of the HCP. Hokuala is unique in that it is home to the endangered water bird species and listed endangered seabird species identified below, which are protected under both federal and State of Hawaii endangered species laws. Water birds include: Nene (Hawaiian Goose), Common Moore hen (‘Alael’ula), Hawaiian Coot (‘Alae ke’oke’o), Hawaiian Duck (Koloa), Hawaii Stilt (A’eo). Seabirds include: Newell’s Shearwater, Hawaiian Petrel and Band-rumped Storn Petrel. Note: Violations of endangered species statutes may result in the shutting down of construction activities until wildlife agencies are satisfied that any problems that resulted from a violation of the law have been remediated. Severe violations may result in significant constraints being placed on Hokuala by wildlife regulatory agencies. Any fines or other penalties imposed on Hokuala shall be the burden of the responsible contractor and/or Lot owner to pay or otherwise resolve. The responsible Lot owner shall indemnify and defend the Master Developer, Master Association and Design Committee against all actions, suits, damages and claims, including, without limitation, any such fines or other penalties, arising or resulting from the action or inaction of the Lot owner and/or the Lot owner’s contractor, subcontractors, vendors and other licensees and invitees that are or are alleged to be a violation of any endangered species statute. 6.8 Construction Fencing A minimum six (6) foot high fence with eighty percent shade cloth construction fence shall be installed by the contractor at the start of each project and kept in place until all exterior building construction, Lot grading and landscaping has been completed. 35 930512.3 6.9 Dust and Noise Control a) The contractor shall be responsible for controlling dust and noise from the construction site. b) Loud music will not be allowed within Hokuala. Normal volume levels are acceptable. If a valid complaint is filed, the contractor will be required to remove the source of noise. No music shall be heard from the golf course. c) No builder, contractor, trade contractor, supplier, maintenance or service personnel will be permitted to bring any animals to the construction site. 6.10 Working Hours Contractors working hours shall be limited to: 7:30am to 5:00pm on weekdays and 9am to 4pm on Saturdays. No work shall be done by contractors or Lot owners on Sundays or the holidays listed below. No personnel are to remain on the construction site after working hours. Holidays include: New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, Christmas Day and New Year’s Eve. 6.11 Foundations a) The Lot owner and the Lot owner’s architect, engineer and contractor shall give due consideration to the design of the foundation systems of all structures. b) Undetected lava tubes may occur below the surface. c) Portions of Hokuala have been filled. Ground may settle in filled areas. d) It is the Lot owner’s responsibility to conduct an independent geotechnical soils engineering investigation to determine the suitability and feasibility of any Lot for construction of the intended improvement(s). The Master Developer, Master Association and Design Committee make no warranties or representations regarding the suitability of the existing soils. 6.12 Ground Termite Standards 36 930512.3 a) Soil under all concrete slabs on the ground and under all building floors, whether on ground or over air space, and under all footings and masonry foundation walls, shall be treated against subterranean termites by a reliable, established termite control company licensed by the State of Hawaii. b) Treatment shall be guaranteed in writing by said company against termite infestation for a period of five (5) years. The guarantee shall include annual inspections and retreatment of infested areas if termites are identified during said inspections. c) Chemicals used outside of the dwelling or in accessible spaces under the dwelling shall be applied in a safe manner to mitigate exposure to humans, plants and pets. 6.13 Abandoned Construction If construction of a dwelling is at any time abandoned, the Lot owner shall cause the Lot to be cleared and landscaped so as to present a neat appearance and shall thereafter so maintain the Lot until the recommencement of construction activity. 6.14 Cash Bond A Lot owner’s contractor shall be required to put up a refundable cash bond in the amount of five thousand dollars ($5,000.00) in favor of the Design Committee to cover any repair costs due to any damage to the Master Association’s property or other common areas within Hokuala. 6.15 Performance Bond All construction shall be bonded, guaranteeing full completion of the project in accordance with the approved construction documents. A copy of the executed bond shall be delivered to the Design Committee prior to the start of construction. The Design Committee may require that any subsequent exterior alterations, modifications or improvements be similarly bonded to guarantee full completion. 6.16 Insurance a) A Lot owner and Lot owner’s contractor shall secure, pay for and maintain such insurance that will protect them, Tower Kauai Lagoons, LLC, Tower Kauai Lagoons Sub 4, LLC, the Design Committee and the Master Association from claims directly or indirectly arising or alleged to arise out of the performance of or failure to perform any work on the Lot, 37 930512.3 including, but not limited to, claims by workmen, suppliers or subcontractors, claims under any scaffolding, structural work or safe place law, or any law with respect to protection of adjacent landowners, and any other claims for damages to property other than the work itself or for bodily injury, including death, which may arise in whole or in part from operations by the Lot Owner or Lot owner’s contractor. Such insurance shall cover all contractual obligations that the Lot owner has assumed. Policies required to be obtained by a Lot owner and Lot owner’s contractor shall be primary and non-contributory insurance, and any insurance maintained by the Lot owner shall be in excess thereof and non-contributory with the insurance required under these guidelines. All insurance shall be maintained in a manner that meets all applicable governmental requirements and shall be procured from companies rated by Best's Rating Guide at not less than A/VIII and authorized to do business in the State of Hawaii. Upon written request by the Master Association or the Design Committee, a Lot owner and the Lot owner’s contractor shall furnish certificates of insurance evidencing the existence of the insurance required to be carried pursuant to this section. b) Workers' Compensation and Employer's Liability Insurance. A Lot owner and Lot owner’s contractor shall secure, pay for and maintain workers' compensation insurance in an amount not less than statutory limits and employer's liability insurance at the following minimum limits: bodily injury by accident - $500,000.00 per each accident; bodily injury by disease - $500,000.00 policy limit; and bodily injury by disease - $500,000.00 each employee. c) General Liability Insurance. A Lot owner and Lot owner’s contractor shall secure, pay for and maintain general liability insurance including the following minimum coverages for bodily injury and property damage: general aggregate - $2,000,000.00; complete operations - $1,000,000.00; each occurrence - $1,000,000.00; personal - $1,000,000.00; commercial automobile - $1,000,000; fire damage - $50,000.00; and medical expense - $5,000.00. General liability insurance shall include an endorsement naming Tower Kauai Lagoons, LLC; Tower Kauai Lagoons Sub 4, LLC; the Design Committee and the Master Association as additional insureds. 6.17 Emergency Declaration If the Master Developer or any other authority having jurisdiction over Hokuala declares an emergency, all construction work on a Lot shall be suspended, except for work required to secure existing onsite materials and structures. No personnel are authorized to remain on site until the emergency declaration has been lifted. 38 930512.3 7 Invalidation of Individual Criteria Invalidation of any one of these provisions and criteria by judgment or court order shall in no way affect any of the other provisions that shall remain in full force and effect. EXHIBIT L Letter from County of Kauaʻi Department of Water Dated June 24, 2011 EXHIBIT M Letter from County of Kauaʻi Department of Public Works Dated February 18, 2009 and Detention Basins Map (Figure A) EXHIBIT N Financial Statement of Tower Kauai Lagoons Sub 1, LLC Financial Statement of Tower Kauai Lagoons Sub 7, LLC Financial Statement of Tower Kauai Lagoons Land, LLC and 2014 Kauai Lagoons Golf, LLC TowerKauaiLagoonsSub1,LLC BalanceSheet December31,2020 Assets Land&CapitalizedCosts TotalAssets Liabilities AccountsPayable IntercompanyͲEliminate TotalLiabilities Equity MembersEquity NetIncome TotalEquity TotalLiabilities&Equity 2,245,115 2,245,115 88,528 (71,338) 17,189 2,227,925 Ͳ 2,227,925 2,245,114 TowerKauaiLagoonsSub1,LLC IncomeStatement YearEnding12/31/20 Income TotalIncome Ͳ CostofSales TotalCostofSales Ͳ RealEstateSalesͲGrossMargin Ͳ Expenses MarketingExpense Ͳ SalesExpense Ͳ Development,G&A,PeriodExpense Ͳ TotalExpenses Ͳ NetIncome(Loss)Ͳ NOTE:Allexpendituresduringtheperiodwerecapitalized, resultinginnocurrentperiodexpenses. TowerKauaiLagoonsSub1,LLC StatementofCashFlows YearEnding12/31/20 CashFlowsFromOperatingActivities NetIncome Add(deduct)noncasheffectsonoperatingincome RelatedParty&Intercompany AccountsPayable NetCashProvidedby/(Usedin)OperatingActivities CashFlowsfromInvestingActivities Land&CapitalizedCosts NetCashProvidedby/(Usedin)InvestingActivities CashFlowsfromFinancingActivities CapitalContribution PrincipalPayments/Additionalborrowings NetCashProvidedby/(Usedin)FinancingActivities NetIncrease(Decrease)inCashandCashEquivalents CashandCashEquivalents,beginningbalance CashandCashEquivalents,endingbalance Ͳ 178,912 88,203 267,115 (267,115) (267,115) Ͳ Ͳ Ͳ 0 Ͳ Ͳ TowerKauaiLagoonsSub7,LLC BalanceSheet December31,2020 Assets Land&CapitalizedCosts TotalAssets Liabilities AccountsPayable IntercompanyͲEliminate TotalLiabilities Equity MembersEquity NetIncome TotalEquity TotalLiabilities&Equity 21,171,090 21,171,090 267,285 5,243,598 5,510,883 15,942,956 (282,749) 15,660,206 21,171,090 TowerKauaiLagoonsSub7,LLC IncomeStatement YearEnding12/31/20 Income TotalIncome CostofSales TotalCostofSales RealEstateSalesͲGrossMargin Expenses MarketingExpense SalesExpense Development,G&A,PeriodExpense TotalExpenses NetIncome(Loss) Ͳ Ͳ Ͳ 141,082 83,304 58,364 282,749 (282,749) TowerKauaiLagoonsSub7,LLC StatementofCashFlows YearEnding12/31/20 CashFlowsFromOperatingActivities NetIncome Add(deduct)noncasheffectsonoperatingincome RelatedParty&Intercompany AccountsPayable NetCashProvidedby/(Usedin)OperatingActivities CashFlowsfromInvestingActivities Land&CapitalizedCosts NetCashProvidedby/(Usedin)InvestingActivities CashFlowsfromFinancingActivities CapitalContribution PrincipalPayments/Additionalborrowings NetCashProvidedby/(Usedin)FinancingActivities NetIncrease(Decrease)inCashandCashEquivalents CashandCashEquivalents,beginningbalance CashandCashEquivalents,endingbalance (282,749) 2,920,831 (438,116) 2,199,965 (2,199,966) (2,199,966) Ͳ Ͳ Ͳ (0) Ͳ Ͳ YTD ASSETS CashandShortTermInvestments: CashͲOperatingAccount 172,772 CashͲOnͲSite 4,821 CashͲPayroll 12,259 CashͲPetty 600 TotalCashandShortTermInvestments 190,453 OtherCurrentAssets: ARͲTRADEACCOUNTSRECEIVABLES 87,302 ARͲOtherReceivables 124,392 AllowanceforDoubtfulAccount (5,652) InventoryͲBags 303 InventoryͲClubs 2,879 InventoryͲBalls 9,988 InventoryͲGloves 5,468 InventoryͲShoes/Socks 4,503 InventoryͲShirts/Sweater 41,060 InventoryͲHats 13,164 InventoryͲMisc. 13,526 InventoryͲF&B 171 InventoryͲSoftDrink 289 InventoryͲBeer 515 TotalOtherCurrentAssets 297,907 TotalCurrentAssets 488,360 FixedAssets: PropertyPlant&Equipment: Equipment 36,573 TotalPropertyPlant&Equipment 36,573 AccumulatedDepreciation: AccumulatedDepreciation (6,902) TotalAccumulatedDepreciation (6,902) NetFixedAssets 29,671 OtherAssets: Prepaid 2,500 TotalOtherAssets 2,500 TotalAssets 520,530 LIABILITIESANDSTOCKHOLDERS'EQUITY CurrentLiabilities: AccountsPayable 541,813 AccruedPayroll 41,221 AccruedLiabilities 160,316 DeferredRevenue 367,713 GiftCertificates 84,609 OutingDeposits (3,334) CreditBooks 2,925 SalesTaxPayable 8,986 UnionDues 1,856 TotalCurrentLiabilities 1,206,106 LongTermLiabilities: INTERCOMPANY 3,356,779 IntercompanyͲOpeningEntry 1,175,713 TotalLongTermLiabilities 4,532,492 TotalLiabilities 5,738,598 Stockholders'Equity RetainedEarnings (2,714,220) NetIncome(Loss)(2,503,848) TotalStockholders'Equity (5,218,068) TotalLiabilitiesandStockholders'Equity 520,530 TowerKauaiLagoonLandsLLC&2014KauaiLagoonsGolfLLC CombinedBalanceSheetasof December31,2020 Actual Revenue GreenFees 842,220 CartFees 6,843 DrivingRange 6,356 GolfCards/Passes 11,142 ProShopSales 257,975 Food(Food&SoftDrinks) 5,666 Beverages(Alcohol) 4,162 OtherFood&BeverageRevenue 0 OtherGolfRevenues(ClubRent,Handicap,Locker,BagStorage) 37,536 Clinic/SchoolRevenue 1,470 DuesIncomeͲMonthlyDues 22,140 MiscellaneousIncomeandDiscounts 7,261 TotalRevenue 1,202,772 CostofSales COGSͲProShop 171,196 COGSͲFood 2,622 COGSͲNonͲAlcoholicBeverages 1,127 COGSͲAlcohol 2,686 TotalCostofSales 177,631 GROSSINCOME 1,025,140 Labor GolfOperationLabor 219,833 GeneralandAdministrative 67,456 MaintenanceandLandscaping 645,034 F&B 2,315 AmenitiesLabor (0) SalesandMarketing 32,245 TotalDirectLabor 966,882 TotalPayrollTaxes 101,488 TotalMedical/HealthBenefits 338,718 TotalWorkmansComp 49,131 TotalPayrollBurden 489,338 TotalLabor 1,456,220 OtherOperationalExpenses GolfOps 47,602 G&A 656,215 Maintenance 481,008 F&B 3,364 SalesandMarketing 92,950 GolfCartLeases 144,319 EquipmentLeases 137,607 FF&E 4,687 TaxesͲRealEstate 161,597 TaxesͲLeasehold 22,807 TaxesͲPersonalProperty 0 InsuranceͲP&C 54,240 TotalOtherOperationalExpenses 1,806,396 TotalExpenses 3,262,616 ================== EBITDAR (2,237,475) RentͲLeaseholderBase 251,873 TotalRentExpense 251,873 EBITDA (2,489,349) InterestExpense/Dep&Amt Depreciation 6,548 BadDebt 7,951 OtherExpense 0 TotalInterestExpense 14,499 NetIncome (2,503,848) TowerKauaiLagoonLandsLLC&2014KauaiLagoonsGolfLLC CombinedProfit&Loss FortheYearEndingDecember31st,2020 YTD CashFlowsfromOperatingActivities NetIncome(loss)(2,503,848) Adjustmentstoreconcilenetincome(loss)tonetcash providedbyoperatingactivities (Increase)decreaseinassets Accum.Depreciation 6,548 Accountsreceivable 60,285 Inventory 48,882 Prepaidexpenses 8,129 Increase(decrease)inliabilities Accountspayableandaccruedexpenses 230,001 Deferredrevenue 380,579 SalesTaxPayable (37,311) OtherLiabilities 1,064 ͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲ Netcashprovidedby(usedin)operatingactivities (1,805,671) ͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲ Cashflowsfrominvestingactivities PurchasesofPropertyandequipment (15,327) ͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲ Netcashprovidedby(usedin)investingactivities (15,327) ͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲ Cashflowsfromfinancingactivities Intercompanies 1,758,290 ͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲ Netcashprovidedby(usedin)FinancingActivities 1,758,290 ͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲ NETINCREASE(DECREASE)INCASH (62,708) Cashandcashequivalents,begining Cashandcashequivalents,beginning 253,160 ͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲͲ Cashandcashequivalents,ending 190,453 ==================== TowerKauaiLagoonLandsLLC&2014KauaiLagoonsGolfLLC CombinedCashFlowStatementasof December31,2020 EXHIBIT O Letter from State Department of Land and Natural Resources Historic Preservation Division Dated July 17, 2009 EXHIBIT P Shoreline Setback Site Plan Letter from County of Kauaʻi Planning Department Dated May 11, 2009 Letter from County of Kauaʻi Planning Department Dated June 2, 2009 SHORELINE SETBACK PLAN Cultural Impact Evaluation of Two Portions, Totaling Approximately 400 Acres,of the Kaua'i Lagoons Resort Property Kalapakl Ahupua'a,Lihu'e District,Kaua'i Island TMK:(4)3-5-001:6,27 por.,165,168,&173 Prepared for Wilson Okamoto Corporation Prepared by Aulii Mitchell,B.A., Rodney Chiogioji,B.A., and Hallett H.Hammatt,Ph.D. Cultural Surveys Hawai'i,Inc. Kailua,Hawai'i (Job Code;KALA 25) October 2005 O'ahu Office P.0.Box 1114 Kailua,Hawai'i 96734 Ph.:(808)262-9972 Fax:(808)262-4950 www.culturalsurvevs.com Maui Office 16 S.Market Street,Suite 2N Wailuku,Hawai-i 96793 Ph:(808)242-9882 Fax:(808)244-1994 -F.^.k».l JUL 1 3 2021 Cnltural SiuTeys Hawai'i Job Code;KALA 25 Manageinent Suininary Management Summary Cultural Impact Evaluation -400-acre portion of Kauaj Lagoons Resort property e TMK (4)3-5-001:8 &82 Pagei Reference Cultural Impact Evaluation of Two Portions,Totaling Approximately 400 Acres,of the Kauai Lagoons Resort Property,KalapakT Ahupua'a,LThu'e District,Kaua'i [sland (Mitchell,Chiogioji,and Hammatt 2005^ Date October 2005 Project Number^_Cultural Surveys H_awai'i Inc.(CSH)Job Code:KALA 25 Agencies State ofHawai'i Department ofHealth /Office of Environmental Quality Control (DOH /OEQC) Project Funding and Land Jurisdiction Private Project Acreage and Location Approximately 400 acres,KalapakT Ahupua'a,Lihu'e District,ICaua'i Island,TMK.(4)3-5-001:6,27 por.,165,168,&173.This area is depicted on the 1998 LIhu'e USGS 7.5-minute topoaraphic quadrangle. Project Description The Kauai Lagoons Resort recently received permit approvals from the County of Kaua'i to develop up to 723 hotel/residential units,a new golf clubhouse and related recreational and commercial facilities.The owners of the resort are aow proposing to make changes to the golf course layout by reconfiguring the Mokihana and Kiele courses,and spreading the allowable resort residential units over portions of the golf courses and other open areas. Additionally,a 24-unit affordable housing project at the intersection of Haoa Street and K.apule Highway is proposed. Area of Potential Effect (APE)and Study Area. For this cultural impact evaluation,the project's APE is defined as the entire approximately 400-acre footprint of the two portions of the Kauai Lagoons Resort property. Regulatory Context and Document Purpose The proposed project requires:l)a General Plan amendment to expand the resort-designated areas;2)an environmental assessment;and,3)a zoning amendment.A State land use change from Agriculture to Urban for a portion of the Mokihana Course may also be pursued to enable residential development.The 24-unit affordable housing project requires rezoning from Light Industrial to Residential to permanently allow the residential use and needed density. The project requires compliance with the State of Hawai'i environmental review process [Hawai'i Revised Statutes (HRS)Chapter 343],which requires consideration of a proposed project's effect on traditional cultural practices.At the request of the Wilson Okamoto Corporation,CSH undertook this cultural impact evaluation.It provides information pertinent to the assessment of the proposed project s cultural impacts [per HRS Chapter 343 and the Office of Environmental Quality's Guidelines for Assessing Cullwal Impacls).The document is intended to support the jiroject's environmental review and may also serve to support the project's Cuttural Surveys Hawai'i Job Code:XXXX Management Suminary Cultural Impact Evaluation -400-acre portion of fCauai Lagoons Reson property TMK(4)3-5-001:8&82 Page ii historic preservation review under HRS Chapter 6E-42 and Hawai'i Administrative Rules Chapter 13-284, Consultation Effort Hawaiian organizations,agencies and community members were contacted in order to identify potentially knowledgeable individuals with cultural expertise and/or knowledge of the project area and the vicinity.The organizations consulted included the State Historic Preservation Division (SHPD),the Office of Hawaiian Affairs (OHA),the Kaua'i/Ni'ihau Islands Burial Council,and Hui Malama I Na K.upuna O Hawai'i Nei.Cultural anthropologist Aulii Mitchell conducted the consultation effort under the general supervision ofHallett H.Hammatt,Ph.D.(principal investigator). Findings Sugarcane cultivation and development of plantation infrastructure was the dominant land use within the project area and surrounding lands throughout the first half of the 20 century.The decades of sugar cultivation in the project area would have eliminated any surface historic properties related to traditional Hawaiian culture that may have formerly existed.Further, plantation operations -and the sense that the project area was private property -restricted access inside the project area by cultural practitioners who may have formerly utilized the area. During the second half of the 20 *century,development of the resort property would have further eliminated any remnants of the former traditional landscape and further restricted access. None of the community contacts queried for this evaluation identified any cultural sites or concems specifically within the project area.Ms.Cheryl Lovell-Obatake noted that portions of the resort property are still accessed by community members "because the area is the last remnant ofopen space with no buildings."These portions of the property may be the more makai lands along the coast,outside the present project area which is already fully incorporated into the resort development or is vacant land surrounded by urban industrial development -i.e.the two-acre parcel at the intersection of Haoa Street and Kapule Highway. Especially relevant to this evaluation,Ms.Lovell-Obatake also noted that she has never heard ofany burials in the project area. Cultural Surveys Hawai'i Job Code:XXXX Managcment Sutmnary Cultural Impact Recommendations Based on the above findings future development of the specific project area within the Kauai Lagoons Resort property will have minimal impact upon native Hawaiian cultural resources,beliefs and practices.It should be noted, however,that subsurface properties associated with fonner traditional Hawaiian activities in the project area,such as artifacts and cultural layers, may be present despite the decades of sugar cultivation activities and resort development.As a precautionary measure,personnel involved in fiiture development activities in the project area should be informed of the possibility of inadvertent cultural finds,and should be made aware of the appropriate notification measures to follow (including consultation with the State Historic Preservation Division and,as may be appropriate,with Kaua'i community cultural organizations). CSH's scope ofwork and methods for cultural impact evaluation studies includes consultation with knowledgeable individuals and groups regarding current cultural practices,but does not include formal ethnographic interviews and oral histories,as described in the OEQC's "Guidelines for Assessing Cullural Impacls"(OEQC 2004).Cultural impact evaluation studies are intended as a more time and cosl effective means of addressing potential impacfs to cultural practices wifhin project areas that have been fully developed for a long time and where,accordingly,there is less likelihood of ongoing cultural pracdces. Cuitura]Impact Evaluation -400-acre portion ofKauai Lagoons Rcson property TMK(4)3-5-001:8&82 Page ui CulturalSurvcysHawai'iJobCode;KALA25 Table of Contents MANAGEMENTSUMMARY............................................................................................................................I SECTION1 INTRODUCTION..........................................................................................................................1 1.1 PROJECT BACKGROUND..............................................................................................................................l ].2 SCOPE OF WORK ....................................................................................................................................1 1.3 METHODS ...............................................................................................................................,...,,............4 SECTION2BACKGROUNDRESEARCH..,......,...............................................,............................................S 2.1 TRADITIONALANDHISTORICALBACKOROUND ............................................................................................5 2.1,1 Mythological and Traditionai Accounts...............„.......„.................................................................5 2.1.2 Early Joumalsand Survey Expeditions .............................................................................................5 2.1.3 TheMaheleClaims..............................................................................................................................6 2.1.40therSources.....................................................................................................................................7 2.2 TRANSmONTOCASHCROPSANDEXPOMABLEPRODUCTS ........................................................................9 2.2.1 Joumals and Surveyor's Records............................„...„.,.............................„...„..............„,..,....,,..,.,.,9 2.2.2 Eariy 20"'Century Maps...............................................................................................................10 2.2.3 Non-Sugar Landscapes Associatcd with Sugar Cane Cultivation.......................................................10 2.2.4 20 century Developments in K-alapakT and Neighboring Ahupua'a................................................14 SECTION3ARCHAEOLOGICALRESEARCH..........................................................................................16 SECTION 4 COMMUNITY CONTACT FINDINCS.....................................................................................22 SECTION S TRADITIONAL HAWA11AN CULTURE 1N KALAPAKI AHUPUA'A AND THE PROJECTAREA......................................................................................................................................................25 5.1 KALAPAKf AHUPUA'A ..............................................................................................................................25 5.2 PROJECTAREA..........................................................................................................................................26 SECTION 6 SUMMARY OF FINDINCS AND CONCLUSIONS ................................................................27 SECTION7REFERENCES.........................................,...............................,...................................................3(1 Cultural Iinpact Evaluation -400-acre portion ofKauai Lagoons Resort property TMK(4)3-5-001:8&82 Culturaf Surveys Hawai'i Job Code:KALA 25 List of Figures Figure 1.Project Area (yellow)within the overall Kaua'i Lagoons Property,shown on a portion ofthe 1998 LThu'e USGS 7.5-minute topographic quadrangle...................................2 Figure 2.Project Area (yellow)within the overall Kaua'i Lagoons Property,shown on a Tax Key Map...............................................................................................................................3 Figure3.1910 USGS map with locationofpresentprojectarea indicated...................................11 Figure4.Lihue Plantationfield map ofl941 ................................................................................12 Figure 5.1950aerialphotograph ofKalapakIwith location ofpresentprojectareaindicated.....l5 Figure 6.Previous archaeological investigations in the vicinity ofthe project area .....................18 Figure 7.Previously recorded historic propenies in the vicinity ofthe project area.....................19 Figure 8.2000 aerial photograph of Kalapakl Ahupua'a with present project area indicated ......28 List of Tables Table 1:Previous Archaeological Studies (Figure 6)....................................................................16 Table 2:Historic Properties (Figure 7).........................................................................................17 Table3.Consultation Effort Responses.........................................................................................23 Cuttural Impacl Evaluation -400-acrc potiion ofKauai Lagoons Resort property TMK(4)3-5-001;8&82 Cultural Sun'eys Hawai'i Job Code:K.ALA 25 [iitrodiicriyn Section 1 Introduction 1.1 Project Background At the request ofWilson Okamoto Corporation,Cultural Surveys Hawai'i,Inc.(CSH)has prepared a cultural impact evaluation for two portions of the privately owned Kauai Lagoons Resort property in KalapakT Ahupua'a,Lihu'e District,Kaua'i Island [TMK (4)3-5-001:6,27 por.,165,168,&173](Figures l &2).The two portions ofthe overall Resort property amount to approximately 400 acres. The Kauai Lagoons Resort recently received permit approvals from the County of Kaua'i to develop up to 723 botel/residential units,a new golf clubhouse and related recreational and commercial facilities.The owners ofthe Resort are now proposing to make changes to the golf course layout by reconfiguring the Mokihana and Kiele courses,and spreading the allowable resort residential units over portions ofthe golfcourses and other open areas. The proposed project requires:1)a General Plan amendment to expand the resort-designated areas;2)an environmental assessment;and,3)a zoning amendment.A State land use change from Agriculture to Urban for a portion of the Mokihana Course may also be pursued to enable residential development.The 24-unit affordable housing project requires rezoning from Light Industrial to Residential to peimanently allow the residential use and needed density. The project requires compliance with the State of Hawai'i environmental review process [Hawai'i Revised Statutes (HRS)Chapter 343],which requires consideration of a proposed project's effect on traditional cultural practices.At the request of the Wilson Okamoto Corporation,CSH undertook this cultural impact evaluation.It provides information pertinent to the assessment ofthe proposed project's cultural impacts [per HRS Chapter 343 and the Office of Enviromiiental Quality's (OEQC)Guidelines for Assessing Cultural Impacts}.The document is intended to support the project's environmental review and may also serve to support the project's historic preservation review under HRS Chapter 6E-42 and Hawai'i Administrative Rules Chapter 13-284.For this cultural impact evaluation,the project's APE is defined as the entire approximately 400-acre footprint of the two portions of the Kauai Lagoons Resort property. 1.2 Scope ofWork CSH's scope of work and methods for cultural impact evaluation studies includes consultation with knowledgeable individuals and groups regarding current cultural practices,but does not include foniial etlmographic interviews and oral histories,as described in the OEQC's"Guidelines for Assessing Cullural Impacls"(OEQC 2004).Cultural impact evaluation studies are intended as a more time and cost effective meaas of addressing potential impacts to cultural practices within project areas that have been fully developed for a long time and where, accordingly,there is less likelihood ofongoing cultural practices. The scope ofwork included: Cultiiral Iinpact Evaluation -400-acre poftion ofKauai Lagoons Resort property TMK(4)3-5-001:8&82 Ciilhiral Siirveys Hawai'i Job Code:KALA 25 Introduction M;UAIOA\^2A6-l*/Kauai lagoontGP &Zoni'ng^fitfunaippt Proposed Area ^.^-y.*-'-<?-.-,-.^Kauai Lagoons Property /...-Jfl'^/1^-^-^Y^ <^^-s^ss •••.-f-'-t '"•—''[ ^'^?^:sui"^K^^;<'\. ^>?^-^,:^^'^^^?^~^roT,_-^F C k »-4&w'^\\]y .'--.;-"•Afy*n: ";» /i---^l5 .^i'a^' ^;;.1 /^""'^ '' ^^- \«""'''ff\".ff.:S:5:-',€,'v—/>~^',.,——^7;^'i-3.''--——--.~"''.•.\C^iSff f:wns ^—•''^"..•.-'•'..~3>i'--.'-;.'T <"%.O 10CB 2000 KAUAI LAGOOIIS RESORT WILSON OKAMOTO CORPORATION EIKSINEERS •PLANNEftS Location Map Figure 1.Project Area (yellow)within the overall Kaua'i Lagoons Property,shown on a portion ofthe 1998 LIliu'e USGS 7.5-minute topographic quadrangle Cultiiral IiTipact Evaluation -400-acre portion of Kauai Lagoons Resort property 2 TMK(4)3-5-001:8&82 ural Surveys Hawai'i Job Code:KALA 25 Inti-oduction rC-tiTlCK (r n>l.JU>M->>i.'f;AiiJiiUiLi ,L.i'uL .rM;.ll Project Area (yellow)within the overall Kaua'i Lagoons Property,shown on a Tax Key Map Di'al Lnpact Evalyation ~400-acre portion of Kauai Lagoons Resort propei-ty (4)3-5-001:8&82 Cultiiral Siirveys Hawai'i Job Code:KALA 25 Inti'oduction 1.Historical and previous archaeological background research,including study of archival sources,historic maps,Land Commission Awards,and previous archaeological reports, to constmct a history of land use and to detennine if archaeological sites or other cultural properties have been recorded on or near this property; 2.A field inspection of the project area to identify any cultural impact issues; 3.Limited consultation primarily by written and/or telephone requests for information witli individuals and groups; 4.Preparation of this report that assesses the likelihood that the proposed project will impact cultura]practices.This assessment is based on the background research,the review of land use within the vicinity of the project area,and the results of consultation. As indicated above,no formal interviews were undertaken. 1.3 Methods Historical documents,maps,and photographs were researched at:the Kaua'i Historical Society;the Hawai'i State Archives;the Survey Office of the Department of Accounting and General Services;the Hawai'i State Library;the Bei-nice Pauahi Bishop Museum archives and library;Hamilton Library at the University of Hawai'i Manoa;the Mission Houses Museum Library;the State Historic Preservation Division (SHPD)library;and the librai-y ofCSH. A field inspection ofthe project area by Cultural Surveys Hawai'i,tnc.was accomplished on October 20,2005 by Robert Hill,B.A.,and Hallett H.Hammatt,Ph.D. Hawaiian organizations,govenunent agencies,and community members were contacted to: (1)identify potentially knowledgeable individuals with cultural expertise and knowledge ofthe project area and the suiTOunding vicinity,and (2)identify cultural concems and potential impacts within the project area.Results of the community contact process are presented in Section 4 below.Cultural anthropologist Aulii Mitehell conducted the consultation effort under the general supei-vision oftiallett H.Hammatt,Ph.D.(principal investigator). Cultiiral Impact Evalliation -400-acre portion ofKauai Lagoons Resorl property TMK(4)3-5-00 ]:8&82 Cultural Surveys Hawai'i Job Code:KALA 25 Background Research Section 2 Bacl<ground Research 2.1 Traditional and Historical Background 2.1.1 Mythological and Traditional Accounts In Hawaiian Antiquities and Folklore (Fornander,1918-1919),a pioneering collection of Hawaiian lore,references are made to KalapakT Ahupua'a,and to Lihu'e.One of the named Kaua'i winds,"He waikai ko KalapakT'refers to the salty fresh water ofKalapakT (vol.2:96-97). The place name LThu'e appears in the "Legend of Uweuwelekehau."Uweuwelekehau and his wife Luukia are being punished:they are stripped oftheir clothing and sent to Mana [at the west end ofthe island].When they reach the plains ofLThu'e,Luukia complains ofher nakedness. Uweuwelekehau tells her that they will find on a nearby hill a pa 'it and all manner of kapa, which they do (vol.2:196-197). During the 1920s,William Hyde Rice,a life-long resident ofKaua'i,recorded and cotlected Hawaiian lore of the island in Hawaiian /.egena'?(1977).In that volume two place names in the vicinity of the present project area-Ninini and Ahukini-are mentioned once each.In "The GoddessPele"; Two brothers of Pele who had come from foreign lands,saw Lohiau's body lying as a stone where the lava flow had overtaken him.Pity welled up ...and they brought Lohiau to life again.One of these brothers made his own body into a canoe and carried the unfortunate Lohiau to Kauai,where he was put ashore at Ahukini.(Rice 1977:14) Ahukini in the above quote probably refers to the heimi,which formerly stood in lCalapakl near Ahukini Point on the bluff overlooking the sea,since the name "Ahukini"means "altar of many blessings In The Menehunes,"a favorite place for their sport of jumping off cliffs into the sea is Ninini:A...little beach surrounded by cliffs,just inside the point where the larger Nawiliwili lighthouse now stands";the tale also mentions that part ofa large rock from Kipukai is at Ninini (Rice 1977:44). 2.1.2 Early Journals and Survey Expeditions The first written accounts of the lifestyle on Kaua'i are from travelers,missionaries and surveying expeditions.Missionary accounts from the first half of the 19'century provide the majority ofthe early written records for this portion ofKaua'i. Ethel Damon,in Koamalu repeats the scenic description ofLThu'e given by Reverend Hiram Brigham in his book,A Residence of Twenty-One Years in the Sandwich Islands,published in 1847: Cultural Impact Evaluation -•400-acre portion ofK.auai Lagoons R.esot't prc^erty 5 TMK(4)3-5-001;8&82 Cullural Surveys Hawai'i Job Ctxle:KALA 25 Background Rescarch In 1824,when walking around the island from Waimea to counsel the people after the wreck of The Cleopatra's Barge,Rev.Hiram Bingham crossed from Hanapepe,as has been seen,over the old upland trail back of Kilohana,and wrote of it as "a country of good land,mostly open,unoccupied and covered with grass, sprinkled with trees,and watered with lively streams that descend from the forest- covered mountains and wind their way along ravines to the sea,-a much finer country than the western part ofthe island.(Damon 1931:401). In the ffarralive oflhe Utiiled States Exploring Expedition (1845),Lt.Commander O.E.G. Wilkes describes the "Lihui"District: At noon they reached Lihui,a settlement lately undertaken by the Rev.Mr.Lafon, for the purpose of inducing the natives to remove from the sea-coast,thus abandoning their poor lands to cultivate the rich plains above.Mr.Lafon has the charge of the mission district lying behveen those of Koloa and Waioli.This district was a short time ago formed out ofthe other two ...The temperature of Lihui has much the same range as that of Koloa,and the climate is pleasant:the trade-winds sweep over it uninterruptedly,and sufficient rain falls to keep the vegetation green throughout the year. As yet there is little appearance of increase in industry,or improvement in the dwellings of the natives.There are no more than about seventy pupils in this district,who are taught by natives.There are two houses of worship,and about forty communicants.No decrease is apparent in the population within a few years. On the fertile places,although the pasture was good,yet no cattle were to be seen. From Lihui,they pursued their way to Hanawale,which is a small fishing village at the mouth of a little stream.The country on this route was uninteresting,until they reached Wailua...(Wilkes 1845:67-68) 2.1.3 The Mahele Claims Paulo Kanoa,Govemor of Kaua'i at the time of the Mahele claimed both the ahiipua'a of Hanama'ulu and KalapakT but was awarded neither.Victoria Kamamalu was awarded both ahupua'a under No.7713:2.The Victoria Kamamalu award (7713:2 part 7)includes land within the present project area. The locations of kuleana or commoner land claims ofthe Mahele (1848-1853)in K.alapakT Ahupua'a are from the shore back into and along the floodplains ofthe valley land.There were 13 claims in Kalapaki,of which 12 were awarded.The cultivation of "taro"(kalo),the major staple,was along the river flood plains.All the house lots in KalapakT were at the shore.There were small kula listed for the ahupua 'a where presumably sweet potatoes and other produce were grown.The only crop other than "kalo"mentioned specifically is wauke in KalapakT. Additionally,more than one claim in KalapakT mentions the fishponds of Cultural liitpact Evaluation -400-acre portion ofKauai Lagoons Resort property 6 TMK(4)3-5<101:8&82 Cultural Surveys Hawai'i Job Code:KALA 25 Background Research Koenaawa.Two streams-Koenaawa nui and Koenaawa iki-are identified in the claims but neither is named on current maps. The KalapakT claimants described traditional taro lo 'i cultivation along the river with houses at the shore in a village.The KalapakT lo 'i claims were on the north side ofNawiliwili River (the wauke land in Claim 3907 on the south side of the river being the sole exception)and along the smaller brooks of Kalapaki and Koenaawa where there were springs.The claims on the south side ofthe Nawiliwili River are in the ahupua'a of Nawiliwili.Most Kalapakl claimants lived, however,at the shore in the "kulana kauhale"or village of ICalapakT,located on Nawiliwili Bay. Several of the claimants describe their village house lots in relation to the fishponds of Koenaawa (Koenaawainui &Koenaawaiki).There is also a description ofthe muliwai or esmary ofK.oenaawanui. Cattle,introduced by Vancouver,had at first been under a royal kapu and were allowed to roam freely and reproduce.Within a few decades cattle had begun to wreck havoc on village gardens and taro lands and homes.Residents either abandoned the land destroyed by roaming cattle or else started building walls to keep the cattle out of their homes and gardens.Huleia,an ahupua'a to the south ofthe project area,was claimed by Victoria K.amamalu during the Mahele, as a preserve for cattle (Mahele information).Apparently,as the report by Wilkes suggests,the people ofLIhu'e had so far been safe from such depredation (co.1840s). Following the death of Victoria Kamamalu in 1866,her lands were inherited by Princess Ruth K-e'elikolani.In 1870 Ke'elikolani sold large portions ofher KalapakT and LThu'e lands to William Hyde Rice ofLihue Plantation.Also in 1870,Paul Isenberg purchased the ahvpva'a of Hanama'ulu from J.O.Dominis which includes the present airport area.William Hyde Rice made subsequent land purchases from Princess Ruth in 1879: William Hyde Rice,who already had his own home on the hill east ofthe mill,bought a large makai section of the ahupua 'a ot KalapakF from Princess Ruth in 1879 and there conducted the Lihue Ranch.In later years he sold most of this land to the plantation.(Damon 1931:747) The large tracts of inland areas (kula),not in the river valleys or at the shore,are not described in the claims but were probably in use.This kuta land at the time of the Mahele belonged to Victoria Kamamalu.Land use is not elaborated in her claims for Hanama'ulu or K.alapaki.Traditional kuia resources for all claimants would have been medicines,herbs, construction materials such SiSpili grass and trees for building houses,canoes,and perhaps lithic materials for tools.Sweet potatoes and other dryland crops,such as wauke,probably were cultivated in patches throughout the area at one time or another. 2.1.40therSources tn William Hyde Rice's Hawaiian Legends (discussed above),Rice's granddaughter Edith Rice Pleus notes that KalapakT in the 1920s comprised fertile lands.She probably refen'ed to the extensive plains or kula lands existing prior to use for commercial sugar cane.The cultivation of Culrural Iinpact Evaluation -400-acre portion ofKauai Lagoons Resort propcny TMK(4)3-5-001;8&82 Cultural Surveys Hawai'i Job Code;KALA 25 Background Research sweet potatoes,gourds and wauke,and other dryland crops would have dominated land use in these kula lands. A document listed only as Land Matters,Document 11 with no date in the State Archives refers to konohiki rights (either prior to or contemporary with Land Commission claims since the konohiki received their claims after the ali'i and before the kuleana awards).The konohiki had proprietary rights to fish caught in the bay fishing.Document No.11 lists ana'e as the protected fish of Hanama'ulu,and uhu for KalapakT.These protected fish are part of the konohiki resources,which he or she would use to meet his/her obligations to superior chiefs, governors/govemesses and the King or Queen.Wikolia is listed as the konohiki for Wailua, Hanama'ulu,KalapakT,Nawiliwili,Niumalu,Ha'iku,KJpu,and a few other places.The proper procedure for fishing in the bay would be when: the proper fishing season arrives all the people may take fish,and when the fish are collected,they shall be divided -one third to the fishermen,and two thirds to the landlord (Kosaki,1954:14). And the protected fish might all be for the konohiki. One of the last vestiges of the pre-cash crop landscape is depicted in the diary entry for the Rice family's arrival on Kauai in 1854.During the second half of the 19 century,westem settlers and entrepreneurs set their sights on southeast K.aua'i.Ethel Damon,in Koamalu,her history ofthe Rice family ofKaua'i,describes the LIhu'e landscape at the time ofthe family's arrival at Nawiliwili Bay: From the deck oftheir river craft in 1854 Mrs.Rice and the children could plainly see above the rocky shore and ruins of Kuhiau,the old heiau,or temple,and nearby on the bluffthe flaming blossoms ofa great wili-wili tree among koa trees which ten grew almost down to the water's edge (Damon 1931:17-18). These early written documents describe a good land with a nice climate and plentiful provisions for the traveler.Residents of the land live near the ocean and fishing villages are scattered along the shore;and at that time at Kalapaki many trees grew right down to the waier's edge (e.g.koa and wiliwili). While foreigners may have seen the shoreline as unproductive,Hawaiians would have disagreed.The indigenous settlement pattem indicates that the shoreline was the locus for villages like KalapakT at the mouth of Nawiliwili River and "Hanawale"perhaps a village near Hanama'ulu Bay.Shoreline areas were certainly favored for fishing,swimming,surfing and residence.Depending on the distances,they may have had temporary residences among their agricultural lands and even in the uplands while gathering materials for house or canoe building. Others resided inland near their fields,but would have traveled around to acquire needed or desirable resources. Cultural linpaci Evaluation -400-acre portion ofKauai Lagoons Resort property TMK(4)3-5-001:8&82 Cultural Surveys Hawai'i Job Codc:KALA 25 Background Rcsearch 2.2 Transition to Cash Crops and Exportable Products 2.2.1 Journals and Surveyor's Records In the earlier joumals,lack of industry is noted and this refers specifically to production of goods beyond the needs of those producing them.Pigs,sweet potatoes and salt,among other items were traded to the earliest sailing vessels arriving in Hawaii (post 1794)and it is likely that in LThu'e District,as elsewhere,the production ofthese items increased beyond the needs ofthe immediate family and their expected contributions to their chiefs during this period of early visiting voyagers. Cutting and shipping sandalwood to the Orient was probably the fist real "industiy"seen from a westem perspective.We have only one indirect reference to the sandalwood trade in the Lihu'e area.Ethel Damon records that early settler,Richard Isenberg,had been told by Chief Forester C.S.Judd,that Mount Kalepa,had formerly been covered with sandalwood (Damon 1931:913). The sandalwood trade or industry was soon replaced by the whaling trade.Between the 1840s and 1860s whaling ships vvould come to the Hawai'i to spend the winter,repair their ships, recruit sailors,leave sick sailors behind and stock up supplies for the next season.Early historical accounts relate that Koloa,on the south side of Kaua'i,was a major port or roadstead for the victualing trade for whalers,fur traders and merchant ships plying their trades between Asia and the west and back and forth to the Arctic.Though there is no specific evidence ofcrops raised in the LThu'e area were for trade in Koloa,the roadstead would have provided residents of Lihu'e with a market for their produce (see Wilkes below). [n the Narralive of the Uniled Slales Exploring Expedilion (1845),Lt.Commander G.E.G. Wilkes describes the "Lihui"District: The principal village is Nawiliwili,ten miles east ofKoloa.This district contains about forty square miles,being twenty miles long by two broad.The soil is rich:it produces sugar-cane,taro,sweet-potatoes,beans,&c.The only market is that of Koloa.The cane suffers somewhat from the high winds on the plains (Wilkes 1845:67-68). While sweet potatoes,gourds,sugar cane and wauke were important commodities in pre- Cpntact days,they supplemented the basic traditional diet of fish and taro.Thus,early foreign ideas offertility and industi-y,backed by the needs oftraders and whalers for supplies,mark the beginning ofthe shift to cash crops as the new landscape ofinland "fertile plaias." The missionaries came to preach and teach westem religion and culture.Missionary- sponsored schools ofLIhu'e are also documented by Damon: 1842:Number of schools in Lihue district 5:teachers 7:scholars 185;ofwhom readers 123,writers 28,those in arithmetic 64,and in geography 8.The Catholics Cultui-a!Impact Evaluation -400-acre portion ofKauai Lagoons Rcson property TMK(4)3-S-001:8&82 Cultura]Sur/cys Hawai'i Job Code:KALA 25 Background Research have succeeded in getting away 12 children from one of these schools.(Damon 1931:407) The new settlers and entrepreneurs brought new activity to southeast Kaua'i.Cotton was among the crops grown in Hanama ulu,adjacent to KaIapakT: Later Mr.August Dreier was engineer in the mill.He had come out about 1869 for Hoffschtaeger and Stapenhorst to install a cotton mill in upper Hanamaulu land.The combination of a cool temperature with rain and red dust proved too much for successfiil cotton growing,but many wild bushes of it are still found in Kapaia valley.(Damon 1931:586) Paramount,however,among the new cash crops was sugar.The plantation at Litiu'e was first established in 1849 by Henry A.Pierce;Judge Wm.Little Lee,the chairman of the Land Commission;and Charles Reed Bishop.It became Lihue Plantation in 1850.It was probably the best-capitalized and most-modem plantation at that time in all Hawai'i.The mill was north and west ofthe present airport.A steam-powered mill was built in 1853 at Lihue Plantation,the first use ofsteam power on a Hawaiian sugar plantation.Another important innovation at LIhu'e was created in 1856,when William H.Rice completed the ten-mile-long Hanama'ulu Ditch,the first large-scale irrigation project for any of the sugar plantations (Moffatt &Fitzpatrick 1995:103). Plantation labor was brought in from many countries and these new laborers brought some of their own cash crops. 2.2.2 Early 20"'Century Maps The 1910 USGS map shows railroad tracks crisscrossing the non-valley land and indicate cane cultivation reaching toward the shore (Figure 3).The cane fields have expanded toward the ocean into the area of the present airport.The expansion of Lihue Plantation's sugar cane cultivation would accelerate throughout the entire coastal area in the early decades of the 20 century. Sugar cane cultivation transformed the traditional landscape of Kalapakl into plantation landscape.By 1931,Lihue Plantation had 6,712 acres in cane.The plantation s field map of 1941 (Figure 4)shows sugarcane covering the entire coast and the present project area.Lihue PIantation "developed a water collection system second only to East Maui Irrigation Company,.. Altogether there are 51 miles of ditch and eighteen intakes"(C.Wilcox 1996:68).Railroads extended across the plantation to and from the shipping facilities and beyond the plantation itself to other plantations. 2.2.3 Non-Sugar Landscapes Associated with Sugar Cane Cultivation The plantation landscape in LThu'e began about mid 19 century and continued to expand for a centufy.In 1950,about the time ofthe advent ofthe new airport,and after Statehood in 1959 LThu'e's plantation landscape began to give way to the present urban center. Cultural fmpact Evaluation -400-acre portion ofICauai Lagoons Reson propcrty TMK(4)3-5.001:8&82 10 tt Z8;S'8:]00-S-{fr)'>lWl A^adojd uosgy suooSE^iBne^jo uoiyod SJSE-OO^~uoiien[BA3 i3Edtui 10101103 psieoipui B3jBp3fojdiu3S3jd^ououi>3oj qiiA\dBiu gosn 01 61 '?3-I"S?j i.'~"I ',-•,-....s .•^•':•" <.;-L l'/i.'":~"s.•':.t';\ .<L.l \).;li i^i ?--.J f: ,0v-/.:;WW '••SfU W S(-»T /^'dOJ^ -/£L [r^s|ioQ6e-| te"^ /'^.-^—./'//"'^^S¥l ^^^-^^^-f-i \ ~^i \\;V ^\;^n ^,'^(y:\^l ^^_[i^!'\IP ~~t—^^_.^S\'.,\ '"--. -\^..'•tj t|aiE3S3'y piinoj3^3Eg S!V^Y51:3P°3 W !,!8'«8Hs&""S l"iu|n3 Culniral Surreys Hawai'i tob Code;KALA 25 Background Research Figure4.Lihuc Plantation field map of1941 Cuitural hnpact Evaluation -400-acre ponion ofKauai Lagoons Reson property TMK(4)3-5-001:8&82 12 Cultural Surveys Hawai'i Job Codc:KALA 25 Background Researcli Rice production was an off-shoot industry of the sugar plantation in the 1870s,since many of the new Chinese plantation workers began to grow rice for themselves and then for trade with Califomia.Japanese immigrants,by the end of the 19 century did the same and took over many of the Chinese rice paddies.Growing and milling rice also became a means for immigrants to leave the plantations after their indenture period.Field note drawings (1885)by Lt.Geo.G.E. Jackson,a cartographer for Temtory ofHawaii in the early 1880s show rice fields at the mouth ofNawiliwili River in the estuary and he shows a few houses left in Kalapakl Village.In general, rice planters used abandoned taro fields,but made the patches larger than the traditional taro lo 'i. This is probably true of the Kalapaki floodplain. Jackson's drawings also show that the KalapakT land north of Kuki'i Point,where the aiiport now lies,as a "level grassy land with volcanic boulders,"showing no cane cultivation in 1885. Oay and Kittridge's map of 1898 still shows the same "stony land"and notes its use as a goat and sheep pasture. Lihue Plantation owners and managers were concerned about reforesting their landscape,to make it more fruitful,productive,and pleasant.Forests,which would have existed possibly down to the sea,had been cleared during the sandalwood era,and perhaps earlier.Former forest lands were barren by the time the plantation management controlled the land.A major reforestation plan was carried out. Ethel Damon records that early settler,Richard Isenberg, often looked out on to the bare slopes of Mount Kalepa,said later by Chief Forester C.S.Judd to have been covered foniierly with a growth of sandalwood. On his departure Richard tsenberg left ftinds for the planting of ten acres on ICalepa hill to young ironwood.Today a roadway up this hill has been constructed for Kauai's first wireless telephone station,K.a Lepa,The Signal Hill,thus resuming what is said to have been its ancient importance as a peak for signaling messages.(Damon 1931:913) A major reforestation effort was also carried out on Kilohana Crater: Paul Isenberg engaged a German forester who remained on Lihue Plantation for five or six years and then retumed to the Pmssian Forest Service after passing much of his knowledge on to others here.His first and principal task was to plant and tend a young forest on a tract ofvalley and a ridge ofabout 300 aci'es on the eastward slope leading up to Kilohana crater.This is often called the German Forest and was,as far as is known,the first extensive attempt at reforestation any where on the islands....the Pride oflndia was finally chosen,as a tropical tree long a denizen of the islands,and some Australian ironwoods where also propagated for the purpose,as far as seed could be obtained.The albizzia,known as the white-flowering monkeypod,was also largely planted in the valleys,and Cultural Impact Evaluation -400-acre portion ofKauai Lagoons Resort property TMK(4)3-5-<)01;8<ii82 13 Cultural Surveys Hawai'i Job Code:KALA 25 Background Research has proven a useftil tree,having one characteristic of the Hawaiian hau,its branches sprouting easily when cut off and inserted in the ground as fence posts. (Damon 1931:772) [n the course of a few years it was evident that the Pride of India was not well adapted for these wind-swept slopes,and Manager Carl Isenberg set out thousands ofkoa seedlings,a hard wood native to those ridges and a lusty child of Hawaiian forests....So dense did the shade become at one time that hundreds of the koa trees were cut out for firewood.(Damon 193 1:773) While the plant species of the plantation landscape changed so did the architectural landscape.The sugar plantation infrastmcture included ditch systems,railroads and engine houses,bridges,interisland shipping storage facilities and housing.Today,the remnants of this commercia)sugar cane landscape can still be seen around or near the airport. By the end ofthe 19th century there was not much fishing on Kaua'i even though the waters were said to teem with fish "largely accounted for by the fact that the efforts of the islanders are devoted almost exclusively to sugar-cane growing,in which more money can be made than in fishing"(Cobb 1902:498).However,the ocean and shoreline,which had been so integral to the traditional Hawaiian way of life in KalapakT and neighboring lands,began to take on importance with growing harbor facilities of the early 20 century. 2.2.4 20 century Developments in Kalapakiand Neighboring Ahupua'a In 1929,the Territorial govemment began constmction ofa new harbor facility at Nawiliwili. (Garden Ssland 12/24/29,1:3). In 1950,theLiliu'eAirportopened(GCT-a'CTiA/ond'1/10/50:1:3&11:1) Throughout most of the 20 century the present project area was under sugarcane cultivation by the Lihue Plantation Company.An aerial photograph of 1950 shows the entire landscape including the project area planted in sugarcane (Figure 5). During the second half of the 20 century the project area was a portion of Kalapaki lands that would be transformed by resort development on K.aua'i.The Kauai SurfHotel on Kalapaki Bay was developed by Inter-Island Resorts in 1960.Then in 1970 the adjacent Kauai SurfGoIf Course opened.Subsequently,in the mid-1980s,these K.alapakT properties were sold or leased to Hemmeter-VMS Kauai Company,which began development of the Westin Kauai Lagoons Resort on approximately 850 acres. In 1991,the Kauai Lagoons Resort was sold to Shinwa Golf Kabushiki K.aisha,which operated the resort and golf courses under Kauai Lagoons Resort Company,Ltd.The approximately 700-acre property,including the present project area,was acquired by Kauai Development LLC and KD Golf Ownership LLC in 2004. Cultural Iinpact Evaluation -400-acrc ponion ofKauai Lagoons Resort property TMK (4)3-5-00]:8 &82 14 Culturaf Surveys Hawaili Job Code:KALA 25 Background Rescarch <'/."•:.wvwmi:£^?:wf»s/i Figure 5.1950aerial photograph ofK.alapakTwith locationofpressntprojectarealndicated Cultural Impact Evaluation -400-acrc portion ofKauai Lagoons Resort pi-operty TMK(4)3.5-00]:8&82 15 Cultura!Surveys Hawaili Job Code:KALA 25 Archaeological Researeh Section 3 ARCHAEOLOGICAL RESEARCH Two tables outline the archaeological research and historic properties within Kalapaki Ahupua'a.These tables are followed by discussion ofthe research and historic properties.Table 1 lists the archaeological research conducted within the ahupua'a and includes:author(s), location,type of research,and date.Table 2 is a list of known historic properties within the ahupua'a and includes:site numbers,site type,location and reference. Table 1:Previous Archaeological Studies (Figure 6) Cultura)Impact Evaluation -400-acre Fiortion ofKauai Lagoons Rcsort property TMK(4)3-5-001:8&82 16 Author(s)^Location Archaeological Research Year Thrum,Thomas Kaua'i Listing 1907 Bennett,Wendell C.Kaua'i Island-wide Reconnaissance 1931 Handy,E.S.Craighill Hawaiian Islands, Kaua'i Reconnaissance ofagricultural lands 1940 Hammatt,Hallett H.Kalapaki Reconnaissance ofNinini Point area 1978 Hammatt,Haltett H.KalapakT Archaeological Reconnaissance of an 18-Acre Parcel in Lihue Town 1978 Hammatt,Hallett H.KalapakT Reconnaissance of 118 acres 1978 Hammatt,Hallett H.KaIapakT Archaeological Reconnaissance of 150-Acres ofCoastal Land,KalapakT, Kauai Island (Site ofa Proposed 3rd GolfCourse, Kauai Lagoon's Resort 1988 Hammatt,Hallett H.KalapakT Archaeological Assessment of Kauai Lagoons Resort 1990 McMahon,Nancy KalapakT, Hanamaulu Archaeological Fieldcheck of Three Parcels in Lihue Judiciary District:Possible Locations for a New Kauai Judiciary Building,Nawiliwili, Kalapaki,and Hanama'ulu 1990 Rosendahl,Paul &AIan Walker KalapakT Point Memorandum Report: Archaeological Inventory Sui-vey and Related Consultant Services,KaIapakT Point Subdivision,Land of Nawiliwili 1990 Walker,Alan T.,Lehua ICajimaandSusanT. Good fellow Hanamaulu, Kalapakl Archaeological Inventory Survey,Lihue /Puhi/ Hanamaulu Master Plan,Lands of Hanama'ulu,Kalapaki, 1991 Culturai Surveys Hawai'i Job Code;KALA 25 Archaeological Research Cultural Impact Evaluation -400-acre portion ofKauai Lagoons Resort property TM10(4)3-5-001;8&82 17 Author(s)Location 'Archaeological Research Year Nawiliwili,Niumalu,and Wailua Walker,Alan T.and Paul H.Rosendahl Kalapaki Point Archaeological Inventory Survey,KalapakT Point Development Project Area, Land ofNawiliwiIi 1991 Creed,Victoria,Loren Zulick,Gerald Ida, David Shideler,and Hallett H.Hammatt Eleven localities in Hanama'ulu and Kalapaki Ahupua'a Archaeological assessment of Proposed Lihu'e Airport Expansion Area 1999 Table 2:Historic Properties (Figure 7) Site Identification No. Site Type Ahupua 'a Location and Reference 50-30-11-099 K.uhiau Heiau,A large paved heiau, whose enclosure covered an area ofabout four acres;long since destroyed Kalapakl from Thrum IN Bennett 1931:124 50-30-11-100 Ninini Heiau (near site ofNawiliwili light house,double paved wall remnant) Kalapaki;Bennett 1931:124 50-30-11-101 Ahukini Heiau (A heiav ofmedium size; foundatipns only now remain) Kalapaki;from Thrum IN Bennett 1931:125 50-30-11-421 Midden Scatter ofmarine shells K.alapakT;on shoreline; Hammatt 1990: 50-30-11-422 Remnant'probable cattle wall KalapakT;on shoreline; Hammatt 1990: 50-30-11-423 Remnant/probable cattle wall Kalapaki;on shoreline; Hammatt 1990: 50-30-11-424 Oval Ten-ace Alignment KalapakT;on shoreline; Hammatt 1990: 50-30-11-1999 Paukini rock (in the ocean)KalapakT or Nawiliwili Bay; N.McMahon (personal comm.toCSH in(999) 50-30-11-6009 Nawiliwili Cemetery K-alapaki near high school Hammatt &Folk,ed.1997 50-30-08-9402 Historic Building Remnant at Site of Radio Station KIVM Off Radio Road near Ahukini Hwy (McMahon 1990;Franklin&Walker 1994) 11-B001 Lihu'e Lutheran Church Cemetery Kikuchi &Remoaldo 1992 11-B002 Japanese Cemetery,purported to have been moved K.ikuchi&Remoaldol992 Cultural Sun/eys Hawai'i Job Code:KALA 25 Archaeological Research ..(".' .T^'?^1 .AI'niiiii'airi'Wl}^^*^'^", Figure 6.Previous archaeological investigations in thc vjcinity ofthe project arca Cultural Impact Evaluation -400-acre portion ofKauai Lagoons Reson propeny TMK(4)3-5-001:8&82 18 Cultiiral Siirvcys Hawai'i Job Code:I<ALA 25 Archaeological R.esearch "^;'\._•:...';Ei>.«V. a ^"""^^:^§.^'*S£S:..'^:WM.'f ,,"' ]/',;;•:;;;„.^^y*^-''..51l.ju.il is^...-seaa, •^?"""?,'^;' '• H A 'i A 11 A'"'"i^-liilf"-.«,.•.,.••. yti :^:f ••"-•• I L /~ /... i."^"-?W%?^ J'...ii'/ll/^.S'i-S'^..-:^-sa:''a-tt-'iwi-:^'"''":i~'~" ;^fAb^.lSS^I:!lli:/H '•'''••••'<•{-..,;'''CT%%^??///;:'4 '"'^ j^Ml.KDIII::'^/:::i:!!;J:.^F"^SsS'^Si^I^f^i&^^'^''/-7 .^ttiwkmi^€^j ,.^//k i-?5&;:l:^,.$gy//^' ''''•'i'-i.•''''.•'.'..^^^?^^II 1.111111 y^..' v ,—„•,•"^^' .5(l-.1(t-l 1-503 V \...- t "'-^^t-"./.;^;.SII-JU.U-lll)'):'.^'NH.wilim'ii.}e .'.'^fwg,.'.. ^;/"...:^::'^'"^^ ';)., •Sg;5U.311.fl .61lil<)•\^j ;S^»i«^'"IW^ti"]!"" '••:^"*'•„•'".'•f;1(..'aAlt— •sli •-'^. I:.^«?"";^"'•"•"•"'\ 1iin«iu 5U..tll-|[.1826 *'s ^•'v''\s :''^^ ^s-:",Sr"^^\af,Y 'K'ilJ^-..ws.v .,»•;\f,.\\.^-. ^-^f" ^-•^.CTSa-^t.'-I-—-"S-ft-B^^LL== -ill-tll.i !i01 ^l)-.tlMl-4.:1 -;t)-.tt)-l 1 -t^.t 5tl.,((».!).^1 .;;«-,l()-11..4^4 ., • ...^" -"•i\su-.'u-ii iim Nir-i"!P'I.II Figure 7.Previously recorded historic properties in the vicinity ofthe project area Cultura)[mpact Evaluation ~400-acre portion ofKauai Lagoons Resort property TMK(4)3-5-001:8&82 1:9 Cultural Sui^eys Hawai'i Job Code:KALA 25 Ai-cliaeological Research Previous archaeological background research shows there are some 12 known historic properties in the ahupua'a ofKalapakl.Ten ofthe sites are on the State Inventory ofHistoric Places (SIHP) and the other two are cemeteries not listed on the SIHP.None ofthese 12 properties is within the present project area. Thomas Thrum,the publisher of the Hawaiian Almanac,gathered lists of heiau on all islands.From the ahupua 'a of KalapakT we begin with his list of four as found in Bennett: 1.Ninini,KalapakT,near site of Nawiliwili light house.All desh-oyed (Site 100)(Thrum 1907) 2.Ahukini,.Kalapald.A heiau of medium size;foundations only now remain (Site 10l)(Thrum 1907) 3.Pohakoelele,Kalapald.A medium sized heiau;all destroyed (no site number)(Thi-um 1907) 4.Kuhiau,Nawiliwili,near site of court house -a large paved heiau,whose enclosure covered an area of about four acres:long since destroyed (Site 099).The rock Paukini,now separate from but formerly connected with the shore was where the kahuna lived (Thnim 1907). The first comprehensive archaeological survey on the Island of Kaua'i was undertaken by Wendell Bennett and published in 1939.Bennett used Thrum's list for reference and added the sites he found.For Kalapakl he lists one heiau but that it had been destroyed. Bennett repeats the descriptions given by Thmm for Sites 99-102 and adds "Paukini Rock,a heiau or priests house now under water in Nawiliwili harbor"(Bennett 1931:48)(recently given State Site #50-50-11-1999),Sites 99-102 had been either entirely or mostly destroyed by the time Bennett did his survey in 1930. Neither Thrum nor Bennett mention a heiau noted by Lt.George E.G.Jackson,Navy cartographer for the Hawaii Govemment Survey Office in 1881 at Kukii Point.The Kaua'i Community College newsletter,Archaeology on Kauai,notes that these "remains of ancient heiau"noted by Jackson are "where the cottages of the Kauai Surf now stand"(Volume 2;4 October 1973:4). Ethel Damon in her book about Kaua'i history (Koamalu 1931)mentions Kuhiau in Nawiliwili and we cite her here for her mention ofPohako-eleele and Paukini Rock,the location ofthe first unlaiown and the second shown on Figure 13 (Site 1999): Below it,in the bay,is still the rock called Paukini,which was said to be its companion or sister heiau,and was probably also the home of the kahuna,or priest,ofKuhiau...and ofthe three small heiaus in the neighboring ahupua'a of Kalapaki,those of Ninini,Ahukini and Pohako-eleele,little more than the names sui-vive (Damon 1931:397-398). Bennett does not mention the Pohakoelele heiau and Damon probably would have mentioned its location if she had known it.There do not seem to be other references to Pohakoelele heiau and it is unknown if Damon used Thi'um for her source or if she laiew the inforroation from persons on Kaua'i,Although its existence could not be verified by Bennett and its location Cultiiral Impact Evalyation ~400-act'e portion ofKauai Lagoons Resort propeity TMK(4)3-5-001:8&82 20 Cultufal Surveys Hawai'i Job Code;KALA 25 Archaeological Research speculative,is included as a non-located site of pre-Contact Kalapakl,passed down in local memory.Ms.Nancy McMahon indicated that the Paukini Rock location was shown to her by Ms.Cheryl Lovell (pers.comm.to Cultural Surveys Hawai'i in 1999)and it has been added to the SHIP list (Site 50-50-11-1999). In an archaeological reconnaissance survey for the Kauai Lagoons Resort,a wall,possibly related to Ninini Heiau was noted."A high well-constructed wall running 400'north of Ninini Lightbouse [is a]possible prehistoric wall and [it is]possibly related to the fonner Ninini Heiau (Site 100)(Hammatt 1990:11).A dune midden scatter (Site -421),two probable cattle walls (Sites -422 &-423),and an oval terrace alignment (Site -424)were also recorded.This survey area was on the coast of Kalapaki,makai of the present project area. The archaeological inventory survey of the 552.3 acres of Molokoa Lands (Franklin and Walker 1994)included extensive areas of Kalapaki but the only site in Kalapak?was a re- identified Site 9402,an historic building associated with Radio Station K1VM (Franklin and Walker 1994:27) Walker,Kajima and Goodfellow's Archaeological Inventory Siirvey Lihue /Piihi 1 Hanamaulu MasterPlan (1991)identifled no archaeological sites in Kalapakl. K.ikuchi and Remoaldo's Cemeteries ofKauai (1992)notes two cemeteries in KalapakT. In 1999 Cultural Sui-veys Hawai'i conducted an archaeological assessment (Creed et al.1999 draft)of eleven parcels for proposed Liliu'e Airport expansion.One parcel comprised the northemmost 50 acres ofthe present study area.Nothing ofconcem was noted in this area at that time.The assessment report,however,was not submitted for review by the State Historic Preservation Division.) Cuiiural Impact Evalualion -400-acre portion ofKauaj Lagoons Resort property TMK(4)3.5-00 ]:8&82 21 Cultural Surveys Hawai'i Job Code;KALA 25 Community Contact Findings Section 4 Community Contact Findings An effort was made to contact and consult with Hawaiian cultural organizations,govemment agencies,and individuals who might have knowledge of and/or concems about the proposed project area.This effort was made by letter,e-mail,telephone,and person-to-person contact.[n the majority ofcases,letters along with maps ofthe project area were mailed with the following text: At the request of Wilson Okamoto Corporation Cultural Surveys Hawai'i Inc. is conducting a Cultural Impact Evaluation of the project described below: The Kaua'i Lagoons Resort recently received permit approvals from the County of Kaua'i to develop up to 723 hotel/residential units,a new golf clubhouse and related recreational and commercial facilities.The owners of the Resort are now proposing to make changes to the golf course layout by reconfiguring the Mokihana and Kiele courses,and spreading the allowable resort residential units over portions ofthe Mokihana course and other open areas.This would have the effect of reducing the density of the resort development while staying within the 750-unit maximum allowed by the County. To pursue the changes to the Resort layout,a General Plan amendment to expand the resort designated areas,an environmental assessment,and zoning amendment are needed.A State land use change from Agriculture to Urban for a portion of the Mokihana Course may also be pursued to enable residential development.A 24-unit affordable housing project at the intersection of Haoa Street and Kapule Highway also requires rezoning from Light Industrial to Residential to pemianently allow the use and needed density. All told,approximately 400 acres ofthe 700-acre resort would be affected. The study area for this cultural impact evaluation,comprising two parcels,is shown on the enclosed map and aerial photograph.The larger parcel is irregularly shaped and is located east of the Marriott Resort Hotel.The smaller parcel is L- shaped and is located at the comer ofKapule Highway and Haoa Road. We are seeking your input regarding the following issues: Identification of traditional Hawaiian activities including gathering of native plants,animals and other resources. Identification of existing archaeological or cultural sites,trails,burials etc., which may be impacted by the proposed study. Cultural associations with the study area through legends,traditional use or otherwise. amil share. I invite you to contact me,Auli'i Mitchell at 1-800-599-9962 or e-mail me at itchell@culturalsurveys.com if you have any information you would like to ire. Culrural Impact Evakiation -400-acrc porlion ofKauai Lagoons Resort property TMK(4)3-5-001:8&82 22 Cultural Surveys Hawai'i fob Code:KALA 25 Community Contact Findings As part of this investigation,CSH attempted to contact the following individuals, organizations,and agencies.The results of this consultation effort are presented in Table 3, below.More extensive responses were provided by Cheryl Lovell-Obatake and by the Office of Hawaiian Affairs.These are presented following the table. Table 3.Consultation Effort Responses Ms.La France Kapaka-Arboleda,the chairperson for the Kaua'i/Ni'ihau Island Burial Council and the Community Resource Coordinator for the OflRce of Hawaiian Affairs commented in an e-mail on October 19,2005: On KalapakT Lagoon,the best reference would be to refer you to Cheryl Lovell-Obatake...All the old ones are gone.There is another Cheryl who used to live on the property with her grandmother Kapeka Keuma Aiu (passed on).I will tiy to find her.She may have the most to contribute since she lived there in the 50's. Ms.Cheryl Lovell-Obatake,Kama'Bina of Kalapakl participated in a telephone interview with Cultural Surveys Hawai'i Inc.on October 20,2005: I remember that Hal [Hammatt of Cultural Surveys Hawai'i]did work there along the coast and K.alapaki Point.I am sure you will find cultural sites in his report. Independently we still access the place today.Not many people go in -only certain ones because the area is the last remnant of open space with no buildings. 1 never heard of any burials in the area of study and Nancy McMahon would verify that.It is important that we still have access rights to this land that wi|[be developed.I remember some native plants in the area we used for medicine,such as the ilima. CuiTural Iinpact Evaiuation -400-acre portion ofKauai Lag&ons Rcson property TMK(4)3-5-001:8&82 23 Name Background,Affiliation Comments Ayau,Halealoha Hui Malama I Na Kupuna O Hawai'i Nei Referred to Kehaulani Kekua Kapaka-Arboleda,La France K-aua'i/Ni'ihau Island Burial Council/Office ofHawaiian Affairs See below. Lovell-Obatake,Cheryl^Kama'aina See below. McMahon,Nancy Archaeologist State Historic Preservation Division No comment at this time. Oi,Thomas Department ofLand and Natural Resources-Kaua'i Land Division Contacted. Tsuchiya,Rick K.aua'i Historic Preservation Review Commission -K.aua'i County Planning Contacted.KHPRC will discuss project at November l,2005meeting. Cultural Survcys Hawai'i Job Codc:KALA 25 Community Contact Findings I am very active in the fishing rights along the coastal regions of Kalapakl. My Uncle Enoka Lovell III,known as "Buddy",was a traditional practitioner when it came to fishing.He is also the one who salvaged the boat when it sank in Wailua.There are sacred trails that mn from Nawiliwili side coming from Kalapaki Point along the coast. Culturat Impact Evaluation --400-acre ponion ofKauai Lagoons Resort property TMK (4)3-5-fl01:8 &82 24 Cuilural Surveys Hawai'i Job Code:KALA 25 Traditional Hawaiian Culture -Katapakl and Projcct Area Section 5 Traditional Hawaiian Culture in Kalapaki Ahupua'a and the ProjectArea 5.1 KalapakIAhupua'a The archaeological record in LThu'e District indicates a date range of ca.AD 1100 to 1650 for early Hawaiian occupation (Walker,Kajima and Oood fellow 1991).As pointed out by Franklin and Walker (1994),important ahupua'a with large rivers lie north and south of K-alapakT (Franklin and Walker 1994:17).Adjacent to the north,Hanama'ulu offered an extraordinary bay and an extensive and broad river flood plain.To the south are located the broad Huleia River VaIIey and the ahupua'a ofHaiku.Kalapaki Ahupua'a thus would have had less varied pre-Contact resources than the larger neighboring ahupua 'a. In Pre-Contact Hawaii,the coastal zone of Kalapaki and Hanama'ulu was the locus for permanent habitation,helau,and numerous major cross-almpua'a and mter-ahiipua'a trails. There are fishponds at KalapakT,and major garden activities were within the valley floodplain on the north side of Nawiliwili River.In the dryland areas (kula)crops of waiike,sweet potatoes, gourds and trees were likely but no traces of these crops have been documented to date. The MQhele records,archeological surveys and ethno-historical accounts confirm that in traditional Hawaiian times,habitation focused along the shoreline and in the stream valley.At the shoreline,activities included the fanning of fishponds and dispersed taro /o'/.Mauka,the stream valley contained the majority ofthe ahiipua'a settlement and most ofthe lo'i and wauke gardens. During the mid-19 century,the Mahele claims describe villages on the shore at both KalapakT and neighboring Hanama'ulu.The claims report a fishpond at the shore in Kalapaki. The total number of lo 'i mentioned in KalapakT was 56,the number of houses was 9,and there were 5 kula lands mentioned. AII known heiau for Kalapakl Ahupua'a were coastal.The coastal zone distribution of heiau seems quite normal for Kaua'i ahupiia 'a other than those ofWailua and Waimea. There are several references to tapa in the legends,one in particular where the tapa is being made to give as a wedding gift.There may well have been additional wauke plantations on the plains in the pre-Contact period in K-alapaki Ahupua'a. Archaeological remains of a terrace and midden along the Kalapaki coast (Hammatt 1998) indicate other shoreline habitations existed that were not included in the Muhele records. Shorelines are also traditional burial areas. Inland,in areas of Kaua'i like Kilohana Crater,birds were caught for food (Damon 1931, story of Lauhaka).Typically,kiileana holders would have had acces