2021-11-09 Planning Commission Agenda PacketKAUA'I PLANNING COMMISSION
SUBDIVISION COMMITTEE MEETING
NIay ll,202l
Draft
The regular meeting of the Planning Commission Subdivision Committee of the County of
Kdua'i was called to order at 8:31 a.m., Microsoft Teleconference. The following
Commissioners were present:
Mr. Francis DeGracia
Mr. Chiba
Absent and Excused:
The following staff members were present: Planning Department Director Kaaina Hull -
Planning Deputy Director Jodi Higuchi Sayegusa, Dale Cua, Kenneth Estes, and Planning
Commission Secretary Shanlee Jimenez; Office of the County Attorney -Deputy County
Attorney Laura Barzilai; Office of Boards and Commissions - Commission Support Clerk
Arleen Kuwamura.
Discussion of the meeting, in effect, ensued:
CALL TO ORDER
Subdivision Committee Chair DeGracia: Called the meeting to order at 8:31 a.m.
ROLL CALL
PlanninrDirector Kaaina Hull :Okay, Mr. Chair, it is 8:31 am, Tuesday, May 1 l. Are you
ready to start the meeting?
Chair DeGracia: Yes, I would like to call to order the Subdivision Committee Meeting for
Tuesday, May I1,202I. Clerk, can we please have a roll call?
Mr. Hull: Roll call, Mr. Chair. Commissioner Chiba.
Mr. Chiba: Here
Mr. Hull: Chair DeGracia.
Chair DeGracia: Here
Mr. Hull: You have a quonrm. Two Present.
APPROVAL OF AGENDA
Mr. Hull: Next agenda item is approval of the agenda. The Department has no recommended
changes.
Mr. Chiba: I move we approve the agenda.
Chair DeGracia: Second. All in favor? Aye (Unanimous voice vote). I believe the agenda is
approved. Motion carried 2:0.
Mr. Hull: Motion passes, Chair.
MINUTES of the meeting(s) of the Subdivisioneornunittee
Mr. Hull: Next, we have no Meeting Minutes.
RECEIPT OF ITEMS FOR THE RECORD (None)
Mr. Hull: There is no Receipt of Items for the Record.
HEARINGS AND PUBLIC COMMENT
Mr. Hull: Now I will do Hearings and Public Comment. So at this time, if there's any member
of the public that has called in, that is not an applicant, but a member of the public that has called
in and would like to testiff, please state your name. Hearing none and quite honestly, Mr. Chair,
we do not have anybody that called in, except for applicants or their representatives.
GENERAL BUSINESS MATTERS
UNFINISHED BUSINESS (For Action)
Mr. Hull: We will move on to Unfinished Business, there is no Unfinished Business.
NEW BUSINESS (For Action)
Tentative Subdivision Extension Request.
Subdivision Application No. S-2018 -12. A of Aportment Owners of Kulana
Condoziniaz. Kulana Water Tank Subdivision Proposed 2-lot Subdivision
TMK: (4\ 4-4-014: 003:089 Waipouli, Kawaihau, Kauai
Mr. Hull: We can move on to New Business. One tentative Subdivision Extension Request, l.a
Subdivision Application No. S-2018-12. Application to the Association of Apartment Owners of
The Kulana Condominium, the Kulana Water tank Subdivision and proposed 2-1ot subdivision
TMK 4-4-003:089, located on Waipouli, Kauai. I will tum it over to Kenny for the Subdivision
report pertaining to this matter.
2
Staff Planner Kenneth Estes: Good morning. I will read the report for the record. The proposed
development involves a2-lot subdivision. This application was granted tentative approval by the
Planning Commission on May (inaudible), 2018 and the applicant's request is a third extension
for tentative approval.
Mr. Estes read the Subdivision Report for the record (on file with the Planning
Department).
Mr. Estes: The applicant is also working with the State Department of Land and Natural
Resources to secure access and utility easements that will traverse over a sink ditch. Based on the
prevalent circumstances, the applicant's reasons are justifiable, and no problems are foreseen in
granting the extension request. The Department of Public Works and Water (inaudible). It is
recommended that an extension until May 22,2022, be granted to obtain final Subdivision
approval.
Chair DeGracia: Thank you, Kenny. Do we have any questions for the Planning Department?
Hearing none. I have no questions. Could we please hear from the applicant?
Ms. Laura Loo: Good morning Chair. This is Laura Loo. I am the attorney for the applicant. We
have several people available here, to answer your questions. But, probably the person with the
most, well with overall knowledge, would be Brad Rockwell, who is the president of the
Homeowners' Association.
Chair DeGracia: Thank you.
Mr. Brad Rockwell: Good morning Chair. I am Brad Rockwell, president. I do not have any
comments. But we're standing by to answer any questions if you have. Thank you.
Chair DeGracia: I guess, if you could share, I guess, the, the progress from your last extension,
just to give us an idea of what is happening on this project.
Mr. Rockwell: Sure. I can just give you a quick overview. So most of 2020 was involved with
chlorinating and connecting the water transmission system. That was delayed, approximately six
to nine months due to COVID shutdowns and restrictions on inter-island travel. The chlorination
company is located on Maui. And there were some issues with, you know, inter-island travel,
that I am sure is no surprise to the Commission. All the water tank and water line construction is
complete. Final conveyance documents have been transmitted to the Department of Water. The
DOW staff has reviewed and accepted. DOW legal is currently reviewing the documents. Upon
completion of legal review, the association will execute, and Department of Water will bring to
the Water Board for acceptance. We have satisfied Department of Public Works condition that
you note, that you see there about the driveway ingress and egress, by securing an easement from
the neighboring parcel, the Yamaguchi parcel. DLNR has approved easements over the State
ditch. The Association currently, awaits a tax clearance certificate from the county to allow
J
DLNR issuance of easements. And upon completion of all the above, everything I just
mentioned, the association is prepared to submit final title reports and the final subdivision map
to the County Planning Commission. Standing by for any questions.
Chair DeGracia: Thank you. Do we have any questions for the applicant? I have no questions -
any further questions. I will entertain a motion.
Mr. Chiba: I move to approve the extension request for Subdivision Application number 2018-
12 to May 22,2222, along with the Planning Department's requirements for an updated status
report, no later than 60 days prior to the expiration date.
Chair DeGracia: I will second. All in favor? Aye (Unanimous voice vote)
Mr. Chiba: Aye.
Chair DeGracia: Opposed? None. Any discussion? If not, this is approved. Motion carries 2:0.
Thank you.
Mr. Rockwell: Thank you Chair. Thank you, Commission.
Mr. Hull: With that, we still need a motion to approve.
Chair DeGracia:Okay.
Mr. Hull: Unless you guys have any other questions for the Department. Sorry, I didn't mean to
jump the gun on that.
Chair DeGracia: Motion to approve
Mr. Chiba: Motion to approve what?
Chair DeGracia: Okay. Excuse me, clerk. I am still, I am a little lost. I am sorry
Ms. Barzilai: Excuse me Clerk. I think that Chair needs, clarification on what's necessary at this
moment.
Mr. Hull: Sorry,. I was distracted for a second. Did you guys already vote on a motion for the
subdivision?
Chair DeGracia: Yes, we did.
Mr. Hull: Oh, I apologize.I got pulled into another side conversation here. Yeah. Problems with
tele-video. Sorr), about that. With that and there was a vote taken. I apologize.
4
Chair DeGracia: Okay
ADJOURNMENT
Mr. Hull: With that, there is no further items on the agenda
and at your discretion, it is ready for adjournment, Chair.
Chair DeGracia: I move to adjourn.
Mr. Chiba: I second.
Chair DeGracia: Okay. All in favor, signifr that by saying, "Aye."
Mr. Chiba: Aye.
Chair DeGracia: Motion passes. 2:0. Thank you all. We are adjourned. See you in the next
meeting.
Mr. Hull: Thank you all.
Mr. Chiba: Thank you everybody. See you later.
Subdivision Committee Chair Ho adjourned the meeting at8:42 a.m.
Respectfully submitted by:
Arleen Kuwamura
Commission Support Clerk
( ) Approved as circulated (add date of meeting approval).
( ) Approved as amended. See minutes of
5
meeting
DEPARTMENT OF PLANNING
KA'AINA HULL,DIRECTOR
JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR
DEREK S.K.KAWAKAMI.MAYOR
MICHAEL A.DAHILIG,MANAGING DIRECTOR
SUMMARY
SUBDIVISION REPORT
Action Required by
Planning Commission:
Subdivision Permit No.
Name of Applicant(s)
Consideration ofSubdivision Application No.S-2022-3 that
involves a two (2)lot consolidation.
Application No.S-2022-3
WHIPTAILWALLABY,LLC.
PROJECT INFORMATION
Map Title Kukui'ula Residential Subdivision,Phase IIB,Consolidation of Lot 68
(Subdivision File No.S-2009-02)and Lot 27 (Subdivision File No.S-2006-
5)into Lot 72,Being a Portion of Royal Patent 6714,Land Commission
Award 7714-B,Apana 2 to M.Kekuaiwa No M.Kekuanaoa at Koloa
(Makai),Koloa,Kona,Kaua'i,Hawai'i.
Tax Map Key(s):2-6-018:025 &027 Area:52,840 sq.ft.
Zoning:Residential (R-4)
State Land Use
District(s):
Urban General Plan
Designation:
Residential Community
AGENCY COMMENTS
COK Public
Works
COK Water:
Other(s)
Pending
Pending
State DOT-Highways:
State Health:
DLNR-SHPD:
10.08.2021
EXISTING ROAD RIGHT-OF-WAY(S)
Road Name Existing
Width
Required
Width
Pavement
YES N0
Reserve
Kahalawai Street 44 feet 44 feet D
Holo Malanai Street 44 feet 44 feet a
D a
APPLICABLE FEES
Environmental Impact Assessment (EIA)N/A
Park Dedication N/A
Appraisal Report Required N/A Xl.^.s
V 09 2021
III.EVALUATION
The proposed development involves a two (2)lot consolidation within the County
Residential (R-4)Zoning District and is situated within Kukui'ula's Residential Subdivison.It
is noted that the lots were created through different phases of the project.Lot 68 was a
part of Subdivision No.S-2009-2 that was approved by the Kaua'i Planning Commission on
March 10,2009,whereas Lot 27 was a part of Subdivision No.S-2006-5 that was approved
on March 11,2008.Since there are no additional lots being created with this application,
there will be no assessment of EIA and Park Dedication Fees.
RECOMMENDATION
TENATIVE APPROVAL FINALAPPROVAL
^B^pproval
D Denied
D Approval
D Denied
^
Tentative Approval subject to all
requirements as<noted on the follow pages:
te/??-Ivii
All conditions have been complied with
^Date'Director of Plaifining DirectorofPlanning Date
IV.AGENCY REQUIREMENTS
1.Requirements of the Planning Department:
a.An updated preliminary title report for each existing lot shall be submitted to the
Planning Department for review.
b.All existing and proposed easements,if any,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 9-3.8fb)of the Subdivision Ordinance,Kaua'i County Code
(1987),the Applicant shall submit to the Planning Department an electronic
record (digitized format)of the final subdivision map(s)on disk for record keeping
purposes prior to final subdivision approval.
2 1 Pa g e
5-2022-3;Subdivision Report
Whiptail Wallaby,LLC.
11.09.2021
d.The Applicant shall identify on the final subdivision map whether the proposed lot
will be utilized for Transient Vacation Rental (TVR)purposes.If so,the total amount
ofthe lots within the Kukui'ula Residential Subdivision,Phase 11-C shall be counted
towards the total amount approved through Ordinance No.PM-2004-370.
2.Requirements of the Department of Public Works (DPW):
a.The subdivider shall comply with all requirements of the Department of Public
Works,if any,prior to final subdivision approval.
3.Requirements of the Department of Water (DOW):
a.The subdivider shall comply with all requirements of the Department of Water,if
any,prior to final subdivision approval.
4.Requirements of the Department of Health (DOH):
a.Noise will be generated if/when development of this parcel will start.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).
b.Temporary fugitive dust emissions could be emitted if/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 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.
c.The construction waste/green waste that will be 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 burning of any of these wastes on or off site is
prohibited.
3 1 Pa ge
S-2022-3;Subdivision Report
WhiptailWallaby,LLC,
11.09.2021
5.The Applicant is advised the should any archaeological or historical resources be
discovcred during ground disturbing/construction work,all work in the area of the
archaeological/historical findings shall immediately cease and the applicant shall
contact the State Department of Land 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 government agencies.Should this occur,the applicant
shall resolve these conditions with the respective agency(ies).
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 NOVEMBER 9,2021 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 pubfic and interested others;and
c.The Applicant's response to staff's report and recommendation as provided herein.
NETH A.ESTES,PLANNER
4 1 P a g e
S-2022-3;Subdivision Report
Whiptail Wallaby,LLC.
11.09.2021
VlCINrTr MAP
NGT TO SCALE
KUKUI'ULA KESIDENTIAL SUBDmSION,PHASE HB
CONSOUDATION OF
LOT 68 (SUBD.FILE N0.S-2009-OS)AND
LOT 27 (SUBD.FILE N0.S-2006-5)INTO
LOT 72
HEING A PORTION OF
ROYAL FATENT 8714,LAND COMM1SSIO.N AWARD 7714-B,
APANA Z TO M.KEKUAIWA N0 M.KEKUANAOA
AT KOLOA (MAKAI).KOLOA,KONA,KAUAI,HAWAII
OWNER:WHI^'IAIL.WALLABY LLC
ADDRESS:^6?1 HOI O MALANAI ST^EF"
K010A.HAWAII 96756
TMK;(4)2-6-018:033
GERRY F.INGLIS AHD
ERIN F.INGLIS
NOTES:
1.COORDINATES *ND AZIUUTHS SHOWN ON THIS UAP ARE BASED ON GOVERNMENT
SURVEY TRIANGULATION STATION "WAHAWA"A.
2.OWNERS OF ADJOINING PARCELS TAKEN FROM BEAL PROPER7Y TU RECORDS.
3.SUBJECT PROPERTIES ARE WITHIN FLOOD ZONE X *S SHOWN ON nRM PANEL
NUMBER 150002 0313 F,REMSED NOVEMBER 26,2010.
TMK:(4)2-6-018:025 AND 027
AUST1N,TSUTSUMI.St ASSOCIATES INC.
501 SUMNER STREET,SUITE 521
HONOLULU.Hl 96817
THIS WORK WAS PREPARED BY ME
OR UNDER MY 3UPERVISION.
^-A^.l&>~^2^
UCENSED PROFESSIONAL LAND SURVEYOR
CEFiTIRCATE No.9826
EXP.4/li
AUGUST 12,2021
JOB N0.;21-336 ATA AUSTIN,TSUTSUM!&ASSOC1ATES,INC.
ENCINEERS.SUBCfORS *HONOtULU,WAILUKU,HIWAII
11"X 17"»1.30 SQ.FT.
Kenneth Estes
From:
Sent:
To:
Subject:
Attachments:
Agullana,Roger D.<roger.agullana@doh.hawaii.gov>
Friday,October 8,2021 8:30 AM
Kenneth Estes
S-2022-3 WHIPTAIL WALLABY LLC
S-2022-3 Whiptail Wallyby LLC.doc
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha Kenny,
Attached is DOH comments.
RogerAgullana
Food Safety Specialist IV
Food Safety Branch
Hawaii State Department of Health
Environmetal Health Services Division
3040 Umi St
Lihue,Hl 96766
Cell-(808)482-9923
Subdivision Application No:S-2022-3
Applicant:Whiptail Wallaby LLC
Based on our review of the application and our on-site survey of the property,we offer
the following environmental health concerns for your consideration.
1.Noise will be generated if/when development of this pareel will start.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 untess a noise permit is obtained from the Department of
Health (DOH).
2.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 of water wagons,sprinkter systems,dust fences,etc.
3.The construction waste/green waste that will be 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 burning of any of these wastes on or off site
prohibited.
Due to the general nature of the application submitted,we reserve the right to
implementfuture environmental health restrictions when information that is more
detailed is submitted.
COUNTY OF KAUA'I
PLANNING DEPARTMENT
4444 RICE STREET,SUITE A473 LIHU'E,HAWAI'I 96766
(808)241-4050
SUBDIVISION APPLICATION ROUTING FORM
DATE:September 23,2021
Subdivision Map Review and Approval
REQUEST:
El Preliminary
Q Pre-Final
Q Final
F_]Extension
SUDFVISION APPLICATION N0:Subdivision Permit N0.S-2022-3,
Owner(s)/Applicant(s):Whiptail Wallaby LLC
Name of Surveyor/Engineer/Authorized Agent:|Erik Kaneshiro
Tax Map Key:Tax Map Key:(4)2-(-018:027^|Assigned to:|Kenn}'
Improvcments:
Route To:
COMMENTS (Comment Due Date:10/23/2021 ):
f^>i^u^-T^|X-'^
'?0-->lr-<?-<L-pi^^^^c^*Jt'^"
~w
DPW-Engineering
~D~
Department of Transportation -STP"D'
DPW-SolidWaste
~a
DOT-Highway,Kauai~w
DPW-Wastewater
~w
State Department of Health"D'
Fire-Department
~w
State Historic F>reservation Division~0
Department of Parks &Recreation
~D
UH Sea Grant'w
County Housing-Agency
'W
U.S.Postal Department~D
KHPRC
~D~
Other:~w
County Water Department~s
County Transportation Agency
Ka'aina S.Hull
Director of Planning
Jodi A.Higuchi Sayegusa
Deputy Director ofPlanning
COUNTY OF KAUA'I
PLANNING DEPARTMENT
DIRECTOR'S REPORT SOIII'O'^'CffXt
I.SUMMARY
Action Required by Consideration of a Special Management Area Use Permit for the
PIanning Commission:construction of a second dwelling unit,detached carport,and
gravel driveway.
Permit Application Nos.Special Management Area Use Permit SMA(U)-2022-2
Name of Applicant(s)LAWA'I PROPERTIES,LLC
II.PERMIT INFORMATION
PERMTTS REQUIBED
Use Permit
1I Project Development Use
Permit
1I Variance Permit
Special Permit
1[Zoning Pennit Class
IV
III
Special Management Area
Permit
^]Use
[_]Minor
Pursuant to Section 205A ofthe Hawaii Revised Statutes
(HRS)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
Zoning Amendment
General PIan Amendment
f=i.a.idStateLandUseDistrict
Amendment
V:\2022 Master Files\Rcgulatory\SMA Perniits\SMA Use Permils\SMA(U)-2022-2\Correspondence\Repon-l 10.26.21_SMA(U)-2022-2_Lawai
Properties LLC.docx
Date of Receipt of Completed
Application:
Date ofDirector's Report:
Date of Public Hearing:
Deadline Date for PC to Take Action
(60 Day):October 30,2021
III.PROJECTDATA
August 31,2021
October27,2021
NOVEMBER9,2021
SMA(U)-2022-2;Director's Rcport
Lawa'i Properties,LLC
Oclobcr27,2021
a|Page
PROJECT INFORMATION
Parcel Location:The project site is located off Kaumuali'i Highway approximately 446
feet west of Kikiaola Harbor Road intersection and adjacent to the
County ofKaua'i Chinese and Japanese Cemetery at Kikiaola Small
Boat Harbor.
Tax Map Key(s):(4)1-2-006:022 Area:2.6010 acres
ZONING &DEVELOPMENT STANDARDS
Zoning:OPEN (0)
State Land Use District:Urban
General Plan Designation:Residential Community
Height Limit:No single family detached or single family
attached 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.
Max.Land Coverage:10%or at least three thousand (3,000)square feet
of land coverage maximum for any parcel of
record existing prior to or on September 1,1972.
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
Community Plan Area:West Kaua'i Community Plan
Community Plan Land Use
Designation:N/A
Deviations or Variances Requested:N/A
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
PIanning Commission in order to satisfy the
requirements ofSections 8.0,9.0 and 10.0 ofthe Special
Management Area Rules and Regulations.The
application was received on October 27,2021 and the
Applicant,through its authorized agent,was notified
accordingly ofthe Planning Department's intent to
commence permit processing.
Public Hearing Date:NOVEMBER 9,2021
V.PROJECT DESCRIPTION AND USE
The applicant is seeking to construct a single-family dwelling,detached carport,and gravel
driveway to serve as a long-term rental for the current care takers of the property (Ron and
Cads Samio).
The proposed residence is a single story "plantation style design (see attached Exhibit
"E").The residence consists of three (3)bedrooms and two (2)bathrooms with a half
bathroom.The residence and carport is designed with a 5:12 pitched hip roofline with Tl-
11 plywood exterior siding.The proposed dwelling and carport will be placed within the
mango orchard area that is located on the mauka side on the property closest to the
highway.Three (3)large mango trees along with their root ball will be removed to
accommodate the development.
The project site is currently developed with an existing dwelling commonly referred to as
the "Harbor House,"which on occasion,hosts events such as Ke Kula Ni'ihau graduations,
hula halau events,Waimea Town Celebration festivities,Hawaiian church revivals,and
canoe races.Hawaiian and local families also utilize the property for a variety of events
such as first birthday parties,weddings,graduations,and family reunions.In addition to the
foregoing uses.the Harbor House also operates as a Transient Vacation Non-Conforming
(TVNC)and is an asset for the Westside community.The project site also includes a
carport,metal storage shed and an asphalt driveway.Access to the property will be off
Kaumuali'i Highway.
VI.APPLICANT'S REASONS/JUSTIFICATION
As noted,the proposed residence will serve as a long-term rental for Ron and Cads Samio
the cun-ent caretakers ofthe property for the last ten (10)years.
VII.ADDITIONAL FINDINGS
3|Page
SMA(U)-2022-2;Director's Report
Lawa'i Properties,LLC
October27,202I
1.The project site is located off Kaumuali'i highway and is popularly known as Harbor
House site Access to the property will be off Kaumuali'i highway.Property is situated
between the County of Kaua'i Chinese and Japanese cemetery site and Kikaola Small
Boat Harbor.
2.The State Land Use District (SLUD)designation for the parcel is "Urban"which allows
for urban growth in a specified are.
3.The property is located in West Kaua'i and the proposed development complies with
Sec.10-3.4 "Existing Conditions"of the West Kaua'i Form Based Code (WKFBC),
attached as Appendix "C"to the West Kaua'i Community PIan.The subject site is not
within any Special Planning Areas "K","L,""M",and "N"as designated in the
WKFBC.
4.The subject parcel is not an abutting shoreline property and is not 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.
5.The subject property is not located within the Visitor Designation Area (VDA)and the
General Plan designation (GP)is "Residential Community".According to the GP,areas
designated as Residential Community indicates existing areas that are primarily
residential with few to no other uses.These areas are located outside the quarter mile
boundary of Neighborhood Center and are no longer intended to be utilized as a growth
tool to indicate areas of future development.
6.According to the Federal Emergency Management Agency (FEMA)Flood Insurance
Rate Map (FIRM)the subject parcel is affected by Zone "AE"and Zone "XS"(See
Exhibit "C-9").The area ofthe proposed residence is placed on the mauka portion of
the subject property within the Zone "XS"area.The Flood Hazard Assessment Report
indicates Zone "XS"as areas of 0.2%annual chance flood;areas of 1%annualchance
flood with average depths of less than 1 foot or with drainage areas less than 1 square
mile;and areas protected by levees from l %annual chance flood.The parcel is also
within the tsunami evacuation zone.
7.The topography of the project site contains a 0.5%slope running at the highest point at
the southem makai portion to the northem mauka portion of the site.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
SMA(U)-2022-2;Director's Report
Lawa'i Properties,LLC
October27,2021
4|Page
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 Section 8-4.3 and
Section 8-9.2.
a.Setback Requirements:Front property line setbacks are ten feet (10'-0")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 for the proposed dwelling unit.
c.Setback between buildings:The distance between buildings shall be ten (10)feet
minimum.
d.Lot Coverage:The subject property is within the Open (0)zoning district and is
approximately 2.060 acres or 113,000 square feet in size.The maximum lot
coverage allowed for Open (0)District is ten percent (10%)or 11,330 square feet.
Existing lot coverage of 9,540 square feet consists of the existing dwelling,carport,
shed/workshop,and an asphalt driveway.The proposed dwelling and carport
provide an additional 1,829 square feet,which brings the total to 11,369 square,39
square feet above what is allowed.The applicant will be required to remove 39
square feet from the existing shed/workshop to comply with the Open (0)zone
designation construction standards.
5|Page
SMA(U)-2022-2;Director's Rcport
Lawa'i Properties,LLC
October27,2021
e.Density:Except as otherwise provided in this Article,no more than one (1)single
family detached dwelling unit per three (3)acres of land shall be permitted when
the parcel is located within an area designated "Urban"or "Rural"by the State
Land Use Commission.Where the parcel is located within an area designated
"Urban"by the State Land Use Commission,one (1)single family detached
dwelling unit per one (1)acre of land shall be permissible if the existing average
slope ofthe parcel is no greater than ten percent (10%).As previously noted,the
parcel contains a 0.5%slope.
f.Building Height:No single family detached or single family attached 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.
VIII.AGENCY COMMENTS
See attached Exhibit "A"
IX.PRELIMINARY EVALUATION
In evaluating the Applicant's request to allow the construction of the proposed
development,the following are being considered.
1.General Plan
The proposed development satisfies the following policies of the General PIan,as taken
from Section 1.3 and 1.4:
A.1.3,entitled "VISIONS AND GOALS"
1)Goal #1 "Sustainable Island"-The proposed development of the single-
family dwelling and a detached carport is in an existing residential community.
The dwelling is being built for the "Harbor House"caretakers.The parcel is
zoned Open (0)District which allows ten percent (10%)lot coverage.The
dwelling also will have its own individual wastewater system (septic tank).The
development will have minimal impacts to the surrounding area,and will
provide its tenants a live/work opportunity and eliminates the need to commute
to and from work.
2)Goal #2 "Unique and Beautiful Place"-The project site has the "Harbor
House"which has been used traditionally as a place for community and private
events.Events and cultural practices such as the hula and canoe races make the
project site unique.The proposed dwelling will be placed on the mauka side of
SMA(U)-2022-2;Director's Report
Lawa'i Properties,LLC
Octobcr 27,2021
6|Page
the property (See exhibit "E-l"Plot Plan)and should not negatively impact the
events held at the "Harbor House".The Open zoning designation allows a
limited lot coverage leaving the site predominantly free of development.With
this type zoning,the development will have minimal visual impacts to the rural
character of the surrounding area.
3)Goal #3 "A Healthy and Resilient People"-The proposed single-family
dwelling is within close walking distance to beach recreation,fishing,and
boating.As represented the single-family dwelling is made for the caretakers of
the "Harbor House"that is located on the same parcel and a live/work type of
environment.
4)Goal #4 "An Equitable Place,with Opportunity for All"-The proposed
development will provide housing and is walking distance to work for the
caretakers of the property.The proposed development will offer limited amount
ofjobs opportunities such as construction.
B.Section 1.4,entitled "POLICIES TO GUIDE GROWTH"
1)Policy #1 "Manage Growth to Preserve Rural Character -Considering that
the Open zoning designation prescribes limited lot coverage,the rural character
of the surrounding area would be preserved.AIso,the caretakers who are to
reside at the residence could walk to work eliminating the need for the daily
commute.
2)Policy #3 "Recognize the Identity of Kaua'i's Individual Towns and
Districts"-The proposed development is located on the westside of Kaua'i.
The project site is surrounded by open space that separates it from other
residential areas and the westside town core.This attribute contributes to the
rural character that is valued by residents and visitors alike.
3)Policy#6 "Reduce cost of Living -As represented,the proposed development
is for the existing caretakers of the property.The need to commute to work is
eliminated.
4)Policy#8 "Protect Kaua'i's Scenic Beauty"-Large mango trees front the
property off Kaumuali'i Highway and the County Open zone construction
standards allow limited lot coverage.The proposed single-story residence will
not negatively impact views offKaumuali'i highway or the surrounding area.
Native Hawaiian Traditional and Cultural Rights
The Applicant has reached out to members of the westside community who are either
long-time residents or familiar with the project site.Based on the applicant's discussion
with these individuals,the proposed development should have no impact on any known
traditional or customary practices of native Hawaiians.There are no indications of
SMA(U)-2022-2;Direclor's Report
Lawa'i Fkroperties,LLC
October27.2021
7|Page
religious practices,and no known cultural or historic sites or resources within the
project area.The project site is immediately adjacent to a public cemetery.Should any
burial site be identified during construction activities,the Applicant should ensure that
its contractor contact the State Historic Preservation Division (SHPD)as required by
law.The "Harbor House"located makai ofthe property still to present day hosts canoe
races and hula to perpetuate native Hawaiian traditional and cultural practice.
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 and other
public recreational such as fishing,and boating are located on adjacent properties.
The proposed development will not have any direct negative impacts on any
existing public recreational opportunities.
b.CuItural/Historical Resources -The proposed dwelling will be placed in an
area on the subject property where it has been a mango orchard for the past
fifty (50)years.Given the prior ground disturbance,there was nothing
observed on the surface to indicate any evidence of subsurface cultural
deposits.Ground disturbance will occur during construction for the dwellings
post on pier footings.AIthough still a possibility,the Applicant does not
anticipate cultural deposits to be found.
Historically the property has been in orchard use and the site of the "Harbor
House".The "Harbor House"remains a popular place on the westside
community for holding events and gatherings.Native Hawaiian traditional
cultural practices such as hula and canoe racing are still being held there on
occasion.
c.Scenic and Open Space Resources -There are no coastal views from Kaumuali'i
Highway.The proposed dwelling will be placed mauka of the property within an
orchard of large mango trees and have minimal visual impacts from the highway.
Mitigation from potential visual impacts could be addressed through substantial
landscaping and utilizing moderate to dark tone colors for the proposed buildings.
d.Coastal Hazards -According to the Federal Emergency Management Agency
(FEMA)Flood Insurance Rate Map (FffiM),the subject parcel is affected by
Zone "AE"and Zone "XS"(See Exhibit "C-9").Based on the Pacific Islands
Ocean Observing System (PacIOOS)State of Hawai'i sea level rise viewer
SMA(U)-2022-2;Director's Report
Lawa'i Properties,LLC
October27,2021
8|Page
e.
website the subject parcel were analyzed using the Sea Level Rise Exposure Area
(SLRXA)at the 3.2 feet range for potential impacts ofpassive flooding,annual
high wave flooding,and coastal erosion.The associated sea level rise viewer does
not project any sea level rise impacts ofthe subject property by year 2100.The
existing seawall and rock revetment of Kikiaola Small Boat Harbor also provides
some protection from these coastal impacts.
Coastal Ecosystems -The project site is not located on the shoreline or near any
coastal ecosystem.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
stmctures 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.
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.
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
SMA(U)-2022-2;Direclor's Report
Lawa'i Properties,LLC
Oclober27,2021
9l Page
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 of those in the surrounding area of the 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)-2022-2 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.
3.The proposed dwelling shall not be utilized for transient accommodation
purposes.It shall not be used as a transient vacation rental (TVR)or as a
homestay.This restriction shall be incoqiorated 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 Planning 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.The Applicant is advised that should any archaeological or historical resources be
discovered during ground disturbing/construction work,all work in the area of the
archaeological/historical findings shall immediately cease and the Applicant shall
contact the State Department of Land and Natural Resources,Historic Preservation
Division at (808)692-8015 and the Planning Department at (808)241-4050 to
determine mitigation measures.
io|P a ge
SMA(U)-2022-2;Director's Report
Lawa'i Properties,LLC
October27,2021
6.In order to minimize adverse impacts on the Federally Listed Threatened Species,
Newell's Shearwater and other seabirds,ifexternal lighting is to be used in connection
with the proposed project,all extemal lighting shall be only of the following types:
downward-facing,shielded lights.Spotlights aimed upward or spotlighting of structures
shall be prohibited.
7.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 ofthe project to abutting properties.
8.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.
9.To the extent possible within the confines of union requirements and applicable legal
prohibitions against discrimination in employment,the Applicant shall seek to hire
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 of this condition,the Commission shall relieve
the Applicant of this requirement if the Applicant is subjected to anti-competitive
restraints on trade or other monopolistic practices.
10.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.
11.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 permit 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 NOVEMBER 9,2021 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 frora the general public and interested others;and
c.The Applicant's response to staff's report and reconamendation as provided
herein.
ii|Pag e
SMA(U)-2022-2;Director's Report
Lawa'i Properties,LLC
October27,202I
ROMIO IDICA
PIanner
Approved &Recommended to Commission:
JLL
Director of Planning
Date:
^'^1 ^^
ia|Pa g e
SMA(U)-2022-2;Director's Report
Lawa'i Properties,LLC
October27,202l
EXHIBIT'W
(Agency Comments)
For reference
QQ[j\'-.-y
"-•"ii»,i
'21 SEP 20 A3':''i COUNTYOFKAUA'I
Pl.ANNING DEPARTMENT Couiiiy of Kauai
PL/ii^i;,!(.[)[^4RICESTREET,SUlTEA473LIHU-E,HA< U|iiot)6l7<$6Agency
(808)241.4050
FROM:Kaaina S.Hull,Director (Romio)August 31,2021
SUBJECT:Special Management Are Use Permit SMA(U)-2022-2,Dwelling,Single Family
Detached
Tax Map Key:(4)1-2-006:022,Lawai Properties,Llc C/o lan K.Jung,Esq.,
Authorized Agent,Applicant
TO:
a Department of Transportation -STP DPW-Engineering
D DOT-Highway,Kauai(info only)D DPW-Wastewater
D DOT-Airports,Kauai (info only)D DPW-Building
D DOT-Harbors,Kauai (info only)D DPW-SolidWaste
State Department of Health a Department of Parks &Recreation
State Department of Agriculture Fire-Department
State Office ofPlanning a County Housing-Agency
a State Dept.ofBus.&Econ.Dev.Tourism a County Economic Development
State Land Use Commission D KHPRC
State Historic Preservation Division Water Department
DLNR-Land Management D Kaua'i Civil Defense
DLNR-Foresty &Wildlife D U.S.Postal Department
D DLNR-Aquatic Resources D UH_Sea_Grant
D DLNR-OCCL t^la ^SSS^eWMllKgeM
D Other:
FOR YOUR COMMENTS (pertaining to your departinent):
G^^N0 pv^'WE^C^^^-o1"?
^w^
o ^~w>^9&<T?zT
^•n "^wf
This matter is scheduled for a piiblic hearing before the County oTKTuai PIanning Commission on
11/9/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street.
Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (I )
month from the date ofthis reqiiest,we will assume that there are no objections to this permit request.
Mahalo!
Exhibit "A"
Dep*irt*nent af
County ol KauA'i
4398 PUA LOKE STREET
LIHU'E,KAUA'I,HAWAI'I 96766
'21 W ^
PHONE:(808)245-5400 /FAX:(808)245-5813
11ATE:October20,2021
TO:1'lanning Department
Kaaina Hull,Director (Romio)
SUBJECT:Special Management Area Usc 1'ermit SMA(U)-2022-2,Dvvclling,Single
Family Detached,Tax Map Key:(4)1-2-06:022,Lavvai Propertics,LLC,
c/o lan K.Jung,Esq.,Authorized Agcnt,Applicant
DOVV COMMENTS:
The Department of VVater (DOVV)has conccrns regarding the increase in vvater demand
associatecl mth this SMA Minor Permit SMA(U)-2022-2 application for the proposecl
Single Family Dvvelling on TMK:1-2-06:022.
The DOVV recominends to the Planning Department that any approval of the proposecl
SMA Minor I'ermit application be conclitionccl,vvhereby the applicant shall be macle
aivare that prior to the DOVV recommending vvater meter services or builcling permit
approval,the applicant ivill be required to:
1.Pay the applicable charges in effect at the time of payment to DOVV.At the
prcsent timc,these charges shall inclucle but not be limited to:
a.The Facilitics Reserve Charge (FRC)of $14,115 per dvvclling unit.
2.Submit a formal vvater service reciuest for the proposed single-family dvvelling.
Requcsts for adclitional vvater meter or an increase in vvater meter size vvill be
clepenclcnt on the aclequacy of the source,storage ancl transmission facilities
existing at that tiine.
'IH^Aa^
/^.fi/^t<s^u)w^Oct22,2021
Michael K.Hinazumi,I'.E.
Program Aclministrator
Engineering Di\'ision
Datc
W.-\-{'-2022-2,V-217W.Dwlling,Sjiifilt*laniily Dptarliccl.[-2-WW22.l.a\\-<u l'n)[H*rties.[,[.(•
Ki:lHl!ll
Exhibit "A"
COUNTY OF KAUA'I
PLANNING DEPARTMENT
4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766
(80S)241.4050
FROM:Kaaina S.Hull,Director (Romio)August 31,2021
SUBJECT:Special Management Are Use Permit SMA(U)-2022-2,Dwelling,Single Family
Detached
Tax Map Key:(4)1-2-006:022,Lawai Properties,Llc C/o lan K.Jung,Esq.,
Authorized Agent,Applicant
TO:
Department ofTransportation -STP DPW-EngineeringnDOT-Highway,Kauai(info only)n DPW-WastewateraDOT-Airports,Kauai (info only)D DPW-Building
DOT-Harbors,Kauai (info only)n DPW-SolidWaste
State Department of Health D Department of Parks &Recreation
D State Department of Agriculture iEKe!,%epgHment^j
D State Office ofPlanning a County Housing-AgencyaStateDept.of Bus.&Econ.Dev.Tourism a County Economic Development
D State Land Use Commission D KHPRC
State Historic Preservation Division Water Department
DLNR-Land Management Kaua'i Civil Defense
D DLNR-Foresty &Wildlife D U.S.Postal Department
DLNR-Aquatic Resources D UH_Sea_OrantuDLNR-OCCL County Transportation Agency
Other:
FOR YOUR COMMENTS (pertaining to your department):
could not locate nearest water supply.Sprinklers may be required
This matter is scheduled for a public hearing before the County ofKauai Planoing Commission on
11/9/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street,
Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1)
month ftom the date of this request,we will assume that there are no objections to this permit request.
Mahalo!
KESSS'E'K^r—s~Ji—^-iii,:
SEP -e I?,:
J -~.^/'t
COUNTY OF KAUA'I |„,'„,,-„,.-.„_j
PLANNING DEPARTMENT f hwilwsn'r^W^':~!'::.::,^
4444 RICE STREET,SUITE A473 LIHU'E,HAWAI'rWTBS-
(808)241.4050
FROM:Kaaina S.Hull,Director (Romio)August31,2021
SUBJECT:Special Management Aie Use Pennit SMA(U)-2022-2,Dwelling,Single Family
Detached
Tax Map Key:(4)l-2-006:022,Lawai Properties,Llc C/o lan K.Jung,Esq.,
Authorized Agent,Applicant
TO:
a Department ofTransportation -STP DPW-Engineering
D DOT-Highway,Kauai(info only)D DPW-Wastewater
D DOT-Airports,Kauai (info only)D DPW-Building
D DOT-Harbors,Kauai (info only)D DPW-SolidWaste
State Department of Health Department of Parks &RecreationaStateDepartmentofAgricultureFire-Department
State Office of Planning D County Housing-Agency
State DeptofBus.&Econ.Dev.Tourism a County Economic Development
D State Land Use Commission D KHPRC
State Historic Preservation Division Water DepartmentnDLNR-Land Management D Kaua'i Civil Defense
n DLNR-Foresty &Wildlife D U.S.Postal Department
D DLNR-Aquatic Resources n UH_Sea_GrantnDLNR-OCCL County Transportation AgencyaOther:
FOR YOUR COMMENTS (pertaining to your department):
'2-/
^f^
This matter is scheduled for a public hearing before the County of Kauai PIanning Commission on
11/9/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street,
Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1)
month from the date of this request,we will assume that there are no objections to this permit request.
Mahalo!
Exhibit "A"
Special Management Area (Use)Permit:SIVIA (U)-2022-3
Applicant:Lawai Properties,LLC
Based on our review of the application,we offer the following environmental
health concerns for your consideration.
1.The use of individual wastewater systems is allowed.The type and number
of individual wastewater systems to be used on each lot will be determined
by the wastewater rules in effect at the time of building permit application.
2.Noise will be generated during the demolition and construction phase of
this proj'ect.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 of Title
11,HAR,Chapterl 1-58.1 "Solid Waste Management Control",the open
burning ofanyofthesewastes on oroffsite prohibited.
Due to the general nature ofthe application submitted,we reserve the right to
implement future environmental health restrictions when more detailed
information is submitted.
Exhibit "A"
C'OUN I'Y COUNCIL
Airyl Kanesliiro,C'liair
Mason K.Chock,Vice Chair
Bemard P,Caivalho..Ir.
Felicia Cowden r.(M tt^j 1
BiII DeCosta
Luke A.Evslin
KipuKai Kuali'i
r
•21 lillll ?1\
p|Ati!'!IHi II^PT-Council Serviccs Division
4396 Rice Street,Suite 209
LThu e,Kaua'i,Hawai'i 96766
OFFICE 0V 'l'HE COUNTY CLERK
Jade K.Fountam-Tanigawa,County Clerk
Scoll K.Sato,Depuly County Clerk
Telephone:(808)241-4188
Facsiniile:(808)241-6349
E-mail:cokcouncil@kauai.gov
August19,2021
Donna Apisa,Chair
and Members of the Planning Commission
c/o County of Kaua'i Planning Department
4444 Rice Street,Suite A473
Lihu'e,Hawai'i 96766
Dear Chair Apisa and Members of the Planning Commission:
The Kaua'i County Council,at its meeting on August 18,2021,referred the
following proposed amendment to Chapter 8,Kauai County Code 1987,as
amended,and Chapter 22,Kaua'i County Code 1987,as amended,to the Planning
Commission for review and recommendation:
"PROPOSED DRAFT BILL (N0.2834)-A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8,KAUA'I COUNTY CODE 1987,AS AMENDED,
RELATING TO THE COMPREHENSIVE ZONING ORDINANCE,AND
CHAPTER 22,KAUA'I COUNTY CODB 1987,AS AMENDED,RELATING
TO PUBLIC HEALTH,SAFETY AND WELFARE"
Please note that an error exists in the definition of "Guest House"under
SECTION 3.,Sec.22-28.1 Definitions,which should read,""Guest House"shall
ha.ve_the same meanins as guest house under Chajiter 8_of the Kaiia'i Countv
Code."
Thank you for your continued assistance in these planning matters.Should
you have any questions,please feel free to contact me at 241-4188.
Sincerely,
/^
JADE K.FOUNTAIN-TANIGAWA
County Clerk,County of Kaua'i
CNT:jy
Enclosure
AN EQUAL OPPORTUNITY EMPLOYER
F.U-.<t.
NOV O 9 2021
ORDINANCE N0.BILL N0.(2834)
A BILL FOR AN ORDINANCE AMENDING CHAPTER 8,
KAUA'I COUNTY CODE 1987,AS AMENDED,
RELATING TO THE COMPREHENSTVE ZONING ORDINANCE,AND
CHAPTER 22,KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING
TO PUBLIC HEALTH,SAFETY AND WELFARE
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA'I,STATE OF
HAWAI'I:
SECTION 1.Findings and Purpose.The Kaua'i County Council finds
that many subdivisions have provisions which are stricter than the Comprehensive
Zoning Ordinance (CZO).This includes prohibitions against Long-Term Rentals
within a home and prohibitions against Additional Dwelling Units (ADU).These
types of prohibitions exclude lower income families from many neighborhoods and
increase the cost ofhousing island-wide.
The CouncU finds that research from around the country has shown that
increasing access to housing in low-poverty neighborhoods helps unprove outcomes in
disadvantaged children and reduces intergenerational poverty.Increasing access to
housing island-wide is also a critical tool to help reverse the exodus of families from
Kaua'i who are forced to move away because of the high cost of housing.Giving
famiUes miore flexibility over the use of their own properties in ways that are
consistent with the CZO also ensures that families can build multi-generational
housing on their property.
The Kauai General Plan recommends incentivizing housing developments
within existing commumties "in order to leverage existing physical and social
infrastructure while preserving vital open space."The Plan specifically cites ADUs
and the future potential of Additional Rental Units (ARU),as a way to increase
housing opportunities in existing communities.
The General Plan further states that communities that cater to a high-end
market,resulting in enclaves of similar household incomes and housing types,are no
longer acceptable.New communities must further the goals of sustainability,equity,
and opportunity.To help achieve those goals,it includes a specific action item to"prohibit future subdivision and development from restricting construction ofADUs
in their deed and covenants."
Additionally,the General Plan states that "[t]here is an insufficient amount of
affordable housing for the disabled,elderiy,homeless individuals and families,and
young families.The lack ofaffordable housing,results in overcrowding,which in turn
fuels the demand for illegal or substandard housing units."These substandard
housing units often do not comply with building requirements and endanger the
inhabitants.The 2014 Homeless Utilization Report identified three hundred (300)
unsheltered houseless individuals on Kaua'i.The houseless community iacreases
yearly with several large encampments that lack running water,basic sanitation,and
have higher incidents of cnminal activity.Kaua'i needs homes for young families,the
disabled,elderly,houseless,and impoverished to protect health,life,and security of
all its residents.
The purpose of this Ordinance is to protect health,life,and property and to
conform with the General Plan to ensure that future contracts and agreements do not
limit or prohibit Long-Term Rentals,ARUs,ADUs,and Guest Houses.
SECTION2.Chapter 8,Kaua'i County Code 1987,as amended,is
hereby amended by amending Section 8-16.2 to read as follows and all other and prior
ordinances or parts ofordinances in conflict herewith are hereby repealed:
"Sec.8-15.2 Additional Dwelling Unit on Residentially Zoned Lots.
(a)Notwithetanding other provisions to the contrary,for any
residentially zoned lot where only one single family residential dwelling is
pennitted,one (1)additional single family residential dweUing unit (attached
or detached)may be developed,provided:
(1)AU applicable County requireinents,not inconsistent with
Sec.46-4(c),Hawai'i Revised Statutes and the Coiuity's zoning
provisions applicable to residential use are met,including,but not
limited to,building height,eetback,maximum lot coverage,parlung,
and floor area requirements.
(2)The provisions of this Subsection shall not apply to lots
developed under a project development,or other multi-family
development,or similar provisions where the aggregate number of
dwelling units for such development exceeds the density otherwise
allowed in the zoning district.
(3)For residentially zoned lots on which an additional
dwelling unit is developed,no guest house under Sec.8-4.3(a)(2)shaU
be allowed.An existing guest house may be converted into a dwelling
unit but no additional guest house may be constructed.
(4)The following public faciUties are found adequate to service
the additional dwelling unit:
(A)PubUc sanitary sewers,an individual wastewater
system (or cesspool),or a private sanitary sewer system built to
County standards a-nd approved by the Department of Health.
(B)For sewered areas,the availabiUty and capability of
a public sewer system shall be confirmed in writing by the
Department of Public Works.The availability of a private sewer
r r
system shall be confirmed in writing by the Department of
Health.
(C)The availability of water shall be confirmed in
writing by the Department ofWater.
(D)Approval in writing from
Department is required for all parcels.
the Kauai Fire
(E)The lot must have direct access to a street which has
an all weather surface (asphalt or concrete)roadway pavement
continuous to the maj'or thoroughfare,or if the street does not
have such all weather surface,there shall be funds specifically
appropriated in the capital improvemeiit budget ordinance for
such roadway pavement.The Planning Director and County
Engineer shall apply the standards and criteria for requiring road
improvements established in the Subdivision Ordinance and the"Kaua i County Planning Commission Road Widening Policy,(as
may be amended from time to time),for those roads which are
considered substandard.
(5)Facilities clearance may be obtained prior to application for
Building Permit.Forms for facilities clearance will be available from the
Building Division,Department ofPublic Works.The form,approved by
all agencies,shall be submitted with the Building Permit application.
Where complete plans and speciflcations are submitted for Building
Permit application processing,the submission of the Facilities
Clearance Form will be attached with the Building Permit and
processed concurrently.
(6)Nothing contained in this Section shall affect private
covenants or deed restrictions that prohibit the construction of a second
dwelling unit on any residential lot.The urovisions ofthis Section shall
be subiect to the provisions of Chapter 22,Kaua i County Code 1987,as
amended,Section 22-28.Limiting or Prohibiting Long-Term Rentals,
Additional Dwelline Units,Additional Rental Units,and Guest^Houses^"
SECTION3.Chapter 22,Kaua'i County Code 1987,as amended,is
hereby amended by adding a new Article 28 to read as follows and all other and prior
ordinances or parts ofordinances in conflict herewith are hereby repealed:
Article 28.Limitine or Prohibitine Long-Tenn Rentals,Additional
Dwellinff Units,Additional Rental Units,and Guest Houses.
Sec.22-28.1 Definitions.
"Additional Dwelling Unit"shall have the same meaning as additional
dwelling ynit under Chapter 8 ofthe Kaua'i County Code.
r r
Additional Rental Unit shall have the same meaning as additional
rental umt under Chanter 8 ofthe Kaua.LCounty Code^
"Dwelling Unit"Aptilicable to this section onlv.means anv buildine or
anv Bortion thereof which is designed or intended for occupancv bv one d)
familv or uersons livine together or bv a person living alone.
Guest House"shalLhave the same meaning as_additional rental unit
under Chapter 8 ofthe Kaua'i Countv Code.
"Lone-Term Rental"shall mean a dwelline unit wrhichjs_QccuBied for a
ceriod ofone hundred eighty-one (181)days or more.
Sec.22-28.2 Limitine or Prohibitine.
Covenants,conditions,deed restrictions,declarations of condoruinium
propertv reeime,association bylaws,and_aiy_rther agreements thatrunwith
the land shall not limit or prohibit Lone-Term Rentals.Additjonal Dwelling
Units,Additional Rental Units.and Guest Houses.
Sec.22-28.3 ApDlicabilitv.
Nothine in this section shall applv to anv contracts and aereements:
(a)In existence as of the ^fiective date ofLthis.Ordinance ;
(b)Of a successor-in-intereat to real BroBerty to the_extent
that an association entered into.amended.or enforced,a_coyenant,
condition.or restriction before the effective date ofthis Ordinance:and
(c)Formed by the Countv of Kaua'i.the State of Hawai'i.or
the United States federal eovernment.
Sec.22-28.4 Enforcement.
FaUure to comolv with this Ordinance creates an uideuendent rieht of
action.
SECTION 4.Severability.If any provision of this Ordinance or the
application thereofto any person or circumstances is held mvalid,the invalidity does
not affect other provisions or applications of the Ordinance which can be given effect
without the invalid provision or application,and to this end the provisions of this
Ordinance are severable.
SECTION 5.Ordinance material to be repealed is bracketed.New
Ordinance material is underscored.When revising,compiUng,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 6.This Ordinance shall take effect upon its approval.
Introduced by:
LUKE A.EVSLIN
BERNARD P.CARVALHO,JR.
DATE OF INTRODUCTION
Lihu e,Kaua i,Hawaii
V:\BILLS\2020-2022 TERMXNo probition CCR ADU ARU (8-4-21)(2)CNT_dmc.docx
Ka'aina S.Hull
Director of Planning
Jodi A.Higuchi Sayegusa
Deputy Director of Planning
COUNTY OF KAUA'I
PLANNING DEPARTMENT
DIRECTOR'S REPORT
SVwve-n
I.SUMMARY
Action Required by
Planning Commission:
Consideration of a Bill (2834)for an Ordinance Amending
Chapter 8,Kaua'i County Code 1987,as amended,relating to
Additional Dwelling Units on Residentially Zoned Lots.See
attached draft bill No.2834 (Attached as Exhibit A).
Permit Application Nos.ZA-2022-1
Name of Applicant(s)KAUA'I COUNTY COUNCIL
II.PERMIT INFORMATION
III.LEGAL REQUIREMENTS
IV.DESCRIPTION OF THE AMENDMENT
Cika.1
AMENDMENTS
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.
I1 General Plan Amendment
1]Community Plan
Amendment
State Land Use District
Amendment
KCC Section 8-3.4
Public Hearing Date:November09,2021
Date ofPublication:October08,2021
Date of Director's Report:November09,2021
The proposed legislation adds new language under Section 8-15.2 (6)of the
Comprehensive Zoning Ordinance (1987)to encompass the provisions set forth in Chapter
22,Kaua'i County Code 1987,as amended,Section 22-28.Limiting or Prohibiting Long-
Term Rentals,Additional Dwelling Units,Additional Rental Units,and Guest Houses.
Chapter 22,Kaua'i County Code 1987,Section 22-28.2 Covenants,conditions,deed
restrictions,declarations of condominium property regime,association bylaws,and any
other agreements that run with the land shall not limit or prohibit Long-Term Rentals,
Additional Dwelling Units,Additional Rental Units,and Guest Houses.
V.AMENDMENT JUSTIFICATION
The draft bill finds that many subdivisions have civil provisions that are stricter than the
Comprehensive Zoning Ordinance (CZO).These include civil prohibitions against Long-
Term Rentals within a home and prohibitions against Additional Dwelling Units (ADUs).
These types of prohibitions can exclude lower income families from many neighborhoods
and increase the cost of housing island-wide.
The draft bill finds that increasing access to housing island-wide is also a critical tool to
help reverse the exodus of families from Kaua'i who are forced to move away because of
the high cost ofhousing.Giving families more flexibility over the use oftheir own
properties in ways that are consistent with the CZO also ensures that families can build
multi-generational housing on their property.
The Kaua'i General Plan recommends incentivizing housing developments within existing
communities "in order to leverage existing physical and social infrastmcture while
preserving vital open space."The Plan specifically cites ADUs and the future potential of
Additional Rental Units (ARUs)as ways to increase housing opportunities in existing
communities.
The General Plan further states that "communities that cater to a high-end market,resulting
in enclaves of similar household incomes and housing types,are no longer acceptable.New
communities must further the goals of sustainability,equity,and opportunity."To help
achieve those goals,it includes a specific action item to "prohibit future subdivision and
development from restricting construction of ADUs in their deed and covenants."
Additionally,the General Plan states that "[t]here is an insufficient amount of affordable
housing for the disabled,elderly,homeless individuals and families,and young families.
The lack of affordable housing,results in overcrowding,which in tum fuels the demand for
illegal or substandard housing units.These substandard housing units often do not comply
with building requirements and endanger the inhabitants.The 2014 Homeless Utilization
Report identified three hundred (300)unsheltered houseless individuals on Kaua'i.The
houseless community increases yearly with several large encampments that lack running
water,basic sanitation,and have higher incidents of criminal activity.Kaua'i needs homes
for young families,the disabled,elderly,houseless,and impoverished to protect health,
life,and security of all its residents.
ZA-2022-1 Director's Report
Kaua'i County Council
November 9.2020
2|Page
VI.AGENCY COMMENTS
Forthcoming
VII.PRELIMINARY EVALUATION
In reviewing the proposed legislation,the following aspects should be taken into
consideration:
1.The proposed amendment is to be evaluated pursuant to Section 8-3.4(d)of the
KCC,as amended,relating to the consideration of a proposed amendment and it
reads:
"(d)Consideration.In considering an amendment,the Planning Commission
shall consider the purposes of the existing and proposed changes to the Zoning
Ordinance.A change in the Zoning Map or text shall not be made unless the
change will further the public necessity and convenience and the general
welfare."
2.The County of Kaua'i as well as the rest of the state are in the midst of a housing
crisis.The department has observed that increases in housing demand do not
correspond to a matching increase in supply,ultimately resulting in high housing
costs,which inevitably prices many local families out of the housing market.
3.The Department finds the amendment consistent with the Kaua'i General Plan and
is necessary to address the current housing shortage on Kaua'i for the following
reasons:
A.The Kaua'i County 2018 General Plan updated Socioeconomic Analysis and
Forecast in 2014 noted that the County had a housing deficit of 1,400 units and
a demand that is projected to increase by approximately 9,000 units by 2035;
B.Kaua'i Countv 2018 General Plan
i.Section 1.4,entitled "Policies to Guide Growth"
a.Policy #2:Provide Affordable Housing While Facilitating a
Diversity of PrivateIy-Developed Housing for Local Families
-The proposed legislation prohibits future contracts and
agreements from restricting Long-Term Rentals,ARUs,ADUs,
and Guest Houses.The proposed legislation gives families more
Hexibility to build multi-generational housing.
ZA-2022-1 Director's Report
Kaua'i County Council
Novembcr 9.2020
3 |Page
ii.Section 3.0 Actions by Sector,Subsection Sector II,entitled "Housing"
for new communities here are the following listed actions for code
changes:
a.Prohibit future subdivision and development from restricting
construction of ADUs in their deed and covenants -The
proposed draft bill implements these exact code changes
recommended by the General Plan prohibiting future subdivision
and developments from restricting construction of ADUs in their
deed and covenants.
VIII.PRELIMINARY CONCLUSION
Based on the foregoing findings and evaluation,it is concluded that the proposal is
reasonable and appropriate.It is consistent with the Kaua'i General Plan and will further
the public necessity,convenience,and the general welfare.
IX.PRELMINARY RECOMMENDATION
Based on the foregoing evaluation and conclusion,it is recommended that the subject
request to amend Section 8-15.2 (6)of the Comprehensive Zoning Ordinance (1987),as
amended,relating to the provisions ofChapter 22,Kaua'i County Code 1987,as amended,
Section 22-28.Limiting or Prohibiting Long-Term Rentals,Additional Dwelling Units,
Additional Rental Units,and Guest Houses be APPROVED.
By i8L.te^
Date:
SHELEA BLACKSTAD
PIanner
Iff/'ag /soa.1
Approved &Recommended to Commission:
KAAINA HULL
Director of Plannin!
Date:l"/2.St/^o^
ZA-2022-1 Director's Report
Kaua'i County Council
November 9,2020
4 |Pag e
EXHIBIT"A"
(Draft Bill No.2834)
For reference
couN'ry COUNCIL
Ajryl Kaiicsliiro,Cliair
Mason K,Chock,Vice Chair
Beniard P.Car\'alho.Jr.
Felicia Cowden p(^|^i i
BillDeCosla ""
Luke A.Evslin
KipuKai Kuali'i •21 Mlli 2/l '^:!
\'\JW\J\^I'RP'Coiincil Services Division
4396 Rice Street,Suite 209
Llhu'e,Kaua i,Hawai'i 9676(5
Ol-'FlCE OF THE COUNTY CLERK
Jade K.Fountain-Tamgawa,County Cterk
Scolt K,Sato,Deputy County Clerk
Telephone:(808)241-4188
Facsimile:(808)241-6349
E-niail:cokcouncil@kauai.gov
August19,2021
Donna Apisa,Chair
and Members of the Planning Commission
c/o County of Kaua'i 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 August 18,2021,referred the
following proposed amendment to Chapter 8,Kaua'i County Code 1987,as
amended,and Chapter 22,Kaua'i County Code 1987,as amended,to the Planning
Commission for review and recommeiidation:
"PROPOSED DRAFT BILL (N0.2834)-A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8,KAUA'I COUNTY CODE 1987,AS AMENDED,
RELATING TO THE COMPREHENSIVE ZONING ORDINANCE,AND
CHAPTER 22,KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING
TO PUBLIC HEALTH,SAFETYAND WELFARE"
Please note that an error exists in the definition of "Guest House"under
SECTION 3.,Sec.22-28.1 Definitions.,which should read,""Guest House"shall
tiave the same meanine as euest house under Chauter 8 of the Kaua'i Countv
Code."
Thank you for your continued assistance in these planning matters.Should
you have any questions,please feel free to contact me at 241-4188.
Sincerely,
/
\
JADE K.FOUNTAIN-TANIGAWA
County Clerk,County of Kaua'i
CNT:jy
Enclosure
AN EQUAL OPPORTUNITY EMPLOYER
ORDINANCE N0.BILLNO._(2834)
A BILL FOR AN ORDINANCE AMENDING CHAPTER 8,
KAUA'I COUNTY CODE 1987,AS AMENDED,
RELATING TO THE COMPREHENST^E ZONING ORDINANCE,AND
CHAFTER 22,KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING
TO PUBLIC HEALTH,SAFETY AND WELFARE
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA'I,STATE OF
HAWAI'I:
SECTION 1.Findings and Purpose.The Kaua'i County Council flnds
that many subdivisions have provisions which are stricter than the Comprehensive
Zoning Ordinance (CZO).This includes prohibitions against Long-Term Rentals
within a home and prohibitions against Additional Dwelling Units (ADU).These
types of prohibitions exclude lower income famUies from many neighborhoods and
increase the cost ofhousing island-wide.
The Council finds that researcb from around the country has shown that
increasing access to housing in low-poverty neighborhoods helps improve outcomes in
disadvantaged children and reduces intergenerational poverty.Increasing acceas to
housing island-wide is also a critical tool to help reverse the exodus of families from
Kaua'i who are forced to move away because of the high cost of housing.Giving
families more flexibility over the use of their own properties in ways that are
consistent with the CZO also ensures that families can build multi-generational
housing on their property.
The Kaua'i General Plan recommends incentivizing housing developments
within existing commumties "in order to leverage existing physical and social
infrastructure while preserving vital open space."The Plan specifically cites ADUs
and the future potential of Additional Rental Units (ARU),as a way to increase
housjng opportunities in existing communities.
The General Plan further states that "communities that cater to a high-end
market,resulting in enclaves of similar household incomes and housing types,are no
longer acceptable.New communities must furtherthe goals of sustainability,equity,
and opportunity."To help achieve those goals,it includes a specific action item to"prohibit future subdivision and development from restricting construction ofADUs
in their deed and covenants.
Additionally,the General Plan states that "[t]here is an insufficient amount of
affordable houaing for the disabled,elderly,homeless individuals and families,and
young families.The lack of affordable housing,results in overcrowding,which in turn
fuels the demand for illegal or substandard housing units."These substandard
housing units often do not comply with building requirements and endanger the
inhabitants.The 2014 Homeless Utilization Report identified three hundred (300)
unsheltered houseless individuals on Kaua'i.The houseless community increaBes
yearly with several large encampments that lack running water,basic sanitation,and
have higher incidents of criminal activity.Kaua i needs homes for young families,the
disabled,elderly,houseless,and impoverished to protect health,life,and security of
all its residents.
The purpose of this Ordinance is to protect health,life,and property and to
conform with the General Plan to ensure that future contracts and agreements do not
Umit or prohibit Long-Term Rentals,ARUs,ADUs,and Guest Houses.
SECTION2.Chapter 8,Kaua'i County Code 1987,as amended,is
hereby amended by amending Section 8-15.2 to read as follows and aU other and prior
ordinances or parts ofordinances in conflict herewith are hereby repealed:
"Sec.8-16.2 Additional Dwelling Unit on Residentially Zoned Lots.
(a)Notwithstanding other provisions to the contrary,for any
residentially zoned lot where only one single family residential dwelling is
permitted,one (1)additional single family residential dwelling unit (attached
or detached)may be developed,provided:
(1)AU apphcable County requirements,not inconsistent with
Sec.46-4(c),Hawai'i Revised Statutes and the County's zoning
provisions applicable to residential use are met,includmg,but not
limited to,building height,setback,maxunum lot coverage,parkuig,
and floor area requirements.
(2)The provisions of this Subsection shall not apply to lots
developed under a project development,or other multi-family
development,or similar provisions where the aggregate number of
dwelling units for such development exceeds the density otherwise
allowed in the zoning district.
(3)For residentially zoned lots on which an additiona]
dwelling unit is developed,no guest house under Sec.8-4.3(a)(2)shaU
be allowed.An exiating guest house may be converted into a dwelling
unit but no additional guest house may be constructed.
(4)The following public facUities are found adequate to service
the additional dwelling umt:
(A)Public aanitary sewers,an individual wastewater
system (or cesspool),or a private sanitary sewer system built to
County standards and approved by the Department ofHealth.
(B)For sewered areas,the availabiUty and capability of
a public sewer system shall be confirmed in writing by the
Department of Public Works.The avaUability of a private sewer
system shall be confirmed in writing by the Department of
Health.
(C)The availability of water shall be confirmed in
writing by the Department ofWater.
(D)Approval in writing from the Kauai Fire
Department is required for all parcels.
(E)The lot must have direct access to a street which has
an all weather surface (asphalt or concrete)roadway pavement
continuous to the major thoroughfare,or if the street does not
have such all weather surface,there shall be funds specifically
appropriated in the capital improvement budget ordinance for
such roadway pavement.The Planning Director and County
Engineer shall apply the standards and criteria for requiring road
improvements established in the Subdivision Ordinance and the"Kaua'i County Planning Commission Road Widening Policy,(as
may be amended from time to time),for those roads which are
considered substandard.
(5)FacUities clearance may be obtained prior to application for
Building Permit.Forms for facilities clearance will be available from the
Building Division,Department ofPubhc Works.The form,approved by
all agencies,shall be submitted with the Building Permit application.
Where complete plans and specifications are submitted for Biiilding
Permit application processing,the submission of the Facilities
Clearance Form will be attached with the Building Permit and
processed concurrently.
(6)Nothing contained in this Section shall affect private
covenants or deed restrictions that prohibit the construction ofa second
dwelling unit on any residential lot.The provisions ofthis Section shall
be subiect to the crovisions of Chapter 22.Kaua'i Countv Code 1987,as
amended,Section 22-28.Limitine or Prohibitine Lone-Term Rentals,
Additional DwelUne Units,Additional Rental Units.and Guest Houses."
SECTION3.Chapter 22,Kaua'i County Code 1987,as amended,is
hereby amended by adding a new Article 28 to read as follows and all other and prior
ordinances or parts ofordinances in conflict herewith are hereby repealed:
"Article 28.Liniitine or Prohibitine Lone-TeriTi Rentals.Additional
D w e lline Units,Additional Rental Units,and Guest Houses.
Sec.22-28.1 Definitions.
"Additional Dwelling_Unif_shall have the same meanine as additional
dwelline unit under Chapter 8 ofthe Kaua'i Countv Code.
Additional Rental Unit shall have the same meaning as additional
rental unit under Chaoter 8 ofthe Kauai Countv Code.
"Dwelline Unit ApuUcable to this section onlv.means any buildine or
anv portion thereof which is desiened or intended for occucancv bv one Cl)
family or persons living together or by a_personJiYing alone^
"Guest House"shall have the same meaning as additional rental unit
under Chaoter 8 ofthe Kaua'i Countv Code.
Lone-Term Rental shall mean a dwelling unit which is occupied for a
neriod ofone hundred eighty-one (181)days or more.
Sec.22-28.2 Limitine or Prohibitine.
Covenants,conditions,deed restrictions,declarations of condominium
BroBertv reeime.association bvlaws.and anv other agreements that run with
the land shall not limit or prohibit Lone^Term^Rentals,Additional DweUine
Units,Additional Rental Units,and Guest Houses,
Sec.22-28.3 Applicabilitv.
Nothine in this section_shalLaBBlx.to any contracts and agreements:
(a)In existence as ofthe effective date ofthis Ordinance:
(b)Of a successor-in-interest to real property to the extent
that an association entered into.amended.or enforced,a,_coyenant,
condition.or restriction before the effective date ofthis Ordinance:and
(c)Formed bv the Countv of Kaua'i.the State of Hawaj'j,or
the United States federal government.
Sec.22-28.4 Enforcement.
Failure to complv with this Ordinance creates an iiidependent rieht of
actaon.
SECTION 4.Severability.If any provision of this Ordinance or the
application thereofto any person or circumstances is held invalid,the invalidity does
not affect other provisions or applications of the Ordinance which can be given effect
without the invalid provision or application,and to this end the provisions of this
Ordinance are severable.
SECTION 5.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 6.This Ordinance shall take effect upon its approval.
Introduced by:
LUKE A.EVSLIN
BERNARD P.CARVALHO,JR.
DATE OF INTRODUCTION
Lihu e,Kauai,Hawaii
V:\BILLS\2020-2022 TEEM\No probition CCR ADU ARU (8-4.21)(2)CNT_dmc.docx
DEPARTMENT OF PLANNING
KA'AINA HULL,DIRECTOR
JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR
DEREK S.K.KAWAKAMI,MAYOR
MICHAELA.DAHILIG,MANAGING DIRECTOR
DIRECTOR'S REPORT
TO:
RE:
APPLICANT:
Planning Commission
2021 Status and Progress Report
PO'IPO SHERATON KAUA'I RESORT
Spedal Management Area Use Permit SMA(U)-2007-13
Class IV Zoning Permit Z-IV-2007-29
Project Development Use Permit PD(U)-2007-25
Tax Map Keys:(4)2-8-015:043,044 &082;2-8-016:003,004
Po'ipu,Kaua'i
Kauai Blue,Inc.(formerlySVO Pacific,Inc.&VSE Pacific,Inc.)
BACKGROUND
The subject permits were approved by the Planning Commission on October 9,2007 to
facilitate improvements to the existing Sheraton Kaua'i Resort facility.The development
includes condominium/timeshare units,several supportfacilities and uses,off-street parking,
and on-site &off-site infrastructure improvements.
Condition No.4 of the permits requires the Applicant to submit an annual report to the
Planning Commission to report the progress of the project until it's completed and it reads:
"4.The Applicant shall provide an annual report to the Planning Commission
beginning from one yearfrom the date of this approval.The reports shall
be submitted to the Department no later than 30 days prior to the annual
anniversarydateofapprovalofthisproject.The report shall provide project
status and progress towards project completion and compliance with
conditions ofapproval.Annual reports shall be provided until completion
ofthe project,and compliance with all conditions ofapproval."
APPLICANT'S REQUEST
In accordance with Condition No.4,the Applicant is providing its annual status report for 2021
(refer to Attachment).
RECOMMENDATION
It is recommended that the Commission accepts the Applicant's Annual Status Rep2[t dated
i.1.^-1
[:\Users\khull\AppData\Locol\Microsnft\Windows\INet[ocha\Co.ntent.DufloDk\UOVHMDHV\Report-1 10.27.2021 B[_;-IV-2007-29_Poipu Sheraton_2021 Stotus Rpt.docx
September 2,2021.Additionally,the Applicant is advised that all applicable conditions of
approval,including the provision of annual status report as required by Condition No.4,shall
remain in effect.The next Annual Status Report be submitted no later than SEPTEMBER 9,
2022.
By
(i£)^DaleA.Cua
Planner
Approved and recommended to Commission:
Ka'ainaS.Hull
Director of Planning
Date:
'Ut
/2-»t-\
5MA|U)-2007-13;Z-IV-2007-29;PD(U)-2007-25;2021 Stotus Report
Kauai Blue,Inc.[formerly SVO Paciflc,Inc./VSE Pacific,Inc.)
10.27.2021
-2-