2022-03-08 PC Agenda Packet with links1
KAUA‘I PLANNING COMMISSION
SUBDIVISION SESSION
October 26, 2021
DRAFT
The regular meeting of the Planning Commission Subdivision Committee of the County of
Kaua’i was called to order at 8:37 a.m., Microsoft Teleconference. The following
Commissioners were present:
Mr. Francis DeGracia
Mr. Ako
Mr. Chiba
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
Brazilai; Office of Boards and Commissions – Support Clerk Arleen Kuwamura
Discussion of the meeting, in effect, ensued:
CALL TO ORDER
Subdivision Committee Chair DeGracia: Called the meeting to order at 8:37 a.m.
ROLL CALL
Planning Director Kaaina Hull: Good morning, Chair Francis, it’s 8:37, I think we have
everybody in attendance.
Chair DeGracia: I’d like to call to order the Subdivision Committee meeting for Tuesday,
October 26, 2021, if we could have a roll call, please.
Mr. Hull: Roll call. Commissioner Ako
Mr. Ako: Here and by myself.
Mr. Hull: Commissioner Chiba
Mr. Chiba: Here by myself.
Mr. Hull: Chair DeGracia
Chair DeGracia: Here by myself.
Mr. Hull: You have a quorum Mr. Chair. Three Present.
2
APPROVAL OF AGENDA
Mr. Hull: Next would be the approval the agenda the Department doesn't have any
recommended changes to.
Chair DeGracia: Thank you. Is there a motion to approve the agenda?
Mr. Chiba: I move to approve the agenda.
Mr. Ako: Second.
Chair DeGracia: Thank you, the motion on the floor is to approve the agenda as is. All in Favor
signify by say? Aye. (Unanimous voice vote). Any opposed? Hearing None. Motion carried
3:0.
MINUTES of the meetings(s) of the Subdivision Committee
Mr. Hull: Next, we have the minutes. We've got a bunch of meeting minutes and are playing
catch up on. So, we have the meeting minutes for January 12, 2021, February 9, 2021, March 9,
2021, and April 13, 2021, a motion for each individual one, or as a whole group can be done
08:31:40 really at the discretion of the committee.
Chair DeGracia: Could we have a motion to approve the minutes.
Mr. Chiba: Okay, I moved to approve the Minutes of the Subdivision Committee Meetings,
dated January 12, 2021, February 19, 2021, March 9, 2021, and April 13, 2021.
Mr. Ako: Second.
Chair DeGracia: Thank you. Motion on the floor is to a approve the Subdivision Committee
Minutes for January 12,2021, February 19, 2021, March 9, 2021, and April 13, 2021. Any
discussion? Hearing none. All in Favor? Aye (Unanimous voice vote). Any Opposed? Hearing
none. Motion carried 3:0.
RECEIPT OF ITEMS FOR THE RECORD
Mr. Hull: Thank you Chair, we have no additional receipt of items for the record.
HEARINGS AND PUBLIC COMMENT
Mr. Hull: Hearings and Public Request, we did not get any request for oral testimony before the
Subdivision Committee.
GENERAL BUSINESS MATTERS (None)
3
UNFINISHED BUSINESS
Extension Request to Complete Improvements.
Subdivision Application No. S-99-49 Kulana Association of Apartment
Owners Kulana Subdivision 23-lot Subdivision TMK: (4) 4-3-011:001
Kapaa & Waipouli, Kawaihau, Kauai
Mr. Hull: So, we're moving into Agenda Item H.1, Extension Request to Complete
Improvement Subdivision Application No. S-99-49 Kulana Association of Apartment Owners,
Kulana Subdivision, 23 lot Subdivision. Tax Map Key: (4)- 4-3-011:001. Located in Kapaa &
Waipouli, Kawaihau, Kauai and I'll turn it over to Kenny for this Subdivision Report on this
matter.
Staff Planner Kenneth Estes: Morning Commissioners, I'll read the report for the record, or I'll
summarize the Report for the record.
Mr. Estes read the Subdivision Report for the record (on file with the Planning
Department).
Mr. Estes: Based on the forgoing circumstances, the applicants’ reasons are justifiable, and no
problems are foreseen in granting extension requests. The Department of Public Works and
Water have no objections to the request. It is recommended that an extension until September 13,
2022, to be graduate to complete subdivision improvements, where the development.
Chair DeGracia: Thank you, Kenny. Do we have any questions for the Department or the
planner?
Mr. Ako: Chair, I don’t have any. Thank you.
Chair DeGracia: Thank you. I have no questions at this time. Could we hear Here comments
from the applicants or applicant’s representative.
Ms. Laurel Loo: Morning Commissioners, Dr. Hall, and Kenny Estes. I'm Laurel Loo, the
attorney for this project, and with me on the phone and Mark Sullivan and Brad Rockwell who
are the Vice President and President respectively of the association. They've spent years, taking
care of all of the issues that have come up with this subdivision as you can see from the number,
we've been going through this for decades. And so now we're glad that we're finally at the tail
and last week the water department has accepted all conveniences. So, we're almost there, and
Brad, if you wanted to add anything, and let the Commissioners know we have. We really
appreciate it working with Kenny Estes, he has been a super help and super professional in
getting us through this process.
Mr. Brad Rockwell: Nothing much to add, just did want to highlight that as Laura mentioned
last week, the Department of Water at their board meeting did except 100% of the system. So,
that is now in the hands of the DOW, which is a huge milestone, and we really appreciate your
4
consideration of this extension requests. We don't think we're going to need the whole year
because we're so close, but obviously you know, deadline has passed so we just need a little bit
more time to, to wrap up what is mostly sort of an administrative and paperwork drill at this
point, because most of the physical work has been completed. So, we're fully funded to finish
with this remaining portion were even funded to do some of the non-county required
infrastructure like the KIUC cable polls we've already cut checks to KIUC and that those work
orders have been cut. And we're currently working with Spectrum on the communication
portion. I did just want; I did notice that there was a letter submitted by Mr. Bosshard and I just
wanted to quickly comment that we don't necessarily agree with Mr. Bosshard’s interpretation of
the CCNR’s. The CCNR’s. As I read them, clearly intend that this is an agricultural subdivision,
there's nothing in them whatsoever that indicates this is to be a gated community for any sort of
gentlemen estate. There's active farming occurring within Kulana right now. That said, we've
had one attorney an attorney with Laurel’s firm in Honolulu, that specializes in this area, take a
look, we're also getting a second attorney opinion, with respect to compliance with the State
Right to Farm Law. And we’ve, got a committee of owners working on some suggested changes
just because they are kind of dated, almost 20 years since those were written, but our intent is to
fully comply with State Right to Farm Laws, and so, I just wanted to mention that for the record.
Thank you, pending any questions. That's all I have.
Chair DeGracia: Thank you. Commissioners, any questions, or comments?
Mr. Ako: None for me, Chair.
Mr. Chiba: No, thank you.
Chair DeGracia: I just have one comment, Brad. Thank you for clearing up that one letter and
that concern. I'm much appreciated. And if we don't have any further comments or questions, I
would entertain a motion.
Mr. Chiba: Okay. I moved to grant and Extension until September 13, 2022, for subdivision
application No. S-99-49 Kulana Association of Apartment owners Kulana Subdivision.
Mr. Ako: I will second that.
Chair DeGracia: Thank you. Motion on the floor is to approve Extension Request Subdivision
Application No. S-99-49, until September 13, 2022. If we could have a roll call vote, please.
Mr. Hull: Roll call, Chair. Commissioner Ako?
Mr. Ako: Aye.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Chair DeGracia?
5
Chair DeGracia: Aye.
Mr. Hull: Motion passes 3:0, Mr. Chair.
NEW BUSINESS (For Action)
Tentative Subdivision Map Approval.
Subdivision Application No. S-2022-1 (Inouye Family Trust, et.al.)
Proposed 2-lot Boundary Adjustment TMK: (4) 2-3-018:015 & 036
Kalaheo, Koloa, Kauai
Mr. Hull: Next, we have Agenda Item I., New Business I.1, Tentative Subdivision Map Approval
Subdivision Application No. S-2022-1, Inouye Family Trust, et.al. Proposed 2-lot Boundary
Adjustment TMK: 2-3-018:015 as well as parcel 036, located in Kalaheo, Kauai. Subdivision
Report pertaining to this matter will be turned over to Kenny.
Staff Planner Kenneth Estes: Morning Commissioners, I'll to summarize the report. The
proposed development redefining the boundaries between two existing lots within the county
residential R-4 zoning district, agricultural district, and open this year.
Mr. Estes read the Subdivision Report for the record (on file with the Planning
Department).
Mr. Estes: The Department is recommending Tentative Subdivision Approval.
Chair DeGracia: Thank you, Kenney. Commissioners, do you have any questions for Kenny or
the Department?
Mr. Ako: None for me.
Chair DeGracia: Is there anyone here for the applicants or is the applicant here to make any
comments or applicant representative.
Ms. Maren Arismendez-Herrerra: Good morning, Commission. My name is Maren
Arismendez-Herrerra from Esaki Surveying, on behalf of the applicants. We would like to
respectfully request for your approval. This is a boundary adjustment between the two lots,
there's an existing fence. But the owners have always agreed on that was a shared boundary. So,
the boundary adjustment will adjust the property line to reflect that. Thank you.
Chair DeGracia: Thank you. Commissioners, do we have any questions for the applicant’s
representative?
Mr. Ako: No.
6
Mr. Chiba: No.
Chair DeGracia: Hearing none. Okay, at this time I'll entertain a motion.
Mr. Chiba: I move to grant Tentative Subdivision Map Approval for Subdivision Application
No. S-2022-1.
Mr. Ako: I second.
Chair DeGracia: Thank you, Commissioners. Motion on the floor is to approve Tentative
Subdivision Map Approval for Application No. S-2022-1. Before we gave the vote are there any
discussions? Hearing none. If we could have a roll call vote, please.
Mr. Hull: Roll call, Chair. Commissioner Ako?
Mr. Ako: Aye.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Chair DeGracia?
Chair DeGracia: Aye.
Mr. Hull: Motion passes 3:0. Mr. Chair.
ADJOURNMENT
Mr. Hull: With that, we have no further items on the agenda, Chair. We are ready for
adjournment at your discretion.
Chair DeGracia: Commissioners, could we have a motion to adjourn?
Mr. Chiba: I move to adjourn the meeting.
Mr. Ako: I Second.
Chair DeGracia: The motion is to adjourn the meeting. All in Favor signify by saying? Aye
(Unanimous voice vote). Any opposed? Hearing none. Motion carried 3:0.
Subdivision Committee Chair DeGracia adjourned the meeting at 8:47 a.m.
7
Respectfully submitted by:
_________________________
Arleen Kuwamura,
Commission Support Clerk
( ) Approved as circulated (add date of meeting approval)
( ) Approved as amended. See minutes of __________ meeting.
DEPARTMENT OF PLANNING
KA'AINA HULL.DIRECTOR
JODI A.HIGUCHI SAYEGUSA.DEPUT/DIRECTOR
DEREK S.K.KAWAKAMI,MAYOR
MICHAELA.DAHILIG,MANAGIMG DIRECTOR
SUMMARY
SUBDIVISION REPORT
Action Required by
Planning Commission:
Subdivision Permit No.
Name of Applicant(s)
Consideration of Subdivision Application No.S-2022-8 that involves a
two (2)lot consolidation and resubdivision into four (4)lots.
Application No.S-2022-8
BBCP KUKUI'ULA PARCEL X,LLC.ET.AL.
PROJECT INFORMATION
Map Title Kukui'ula Parcel X Subdivision,Phase II.Consolidation of Lots 10-A and 11-C of
Kukui ula Parcel X Subdivision and Resubdivision ofsaid Consolidation into
Lots 1 to 4,inclusive,and Designation of Easements A-l,A-2,S-l,PT-1 and R-
1 and Cancellation of Easement 13,being Royal Patent 6448,Land
Commission Award 5482 to Ino,being also,Portions of Royal Patent 4236,
Land Commission Award 5314 to Kapa,and Royal Patent 6714,Land
Commission Award 7714-B,Apana 2,to M.Kekuaiwa No.M.Kekuanaoa at
Koloa (Makai),Koloa,Kaua'i,Hawai'i.
Tax Map Key(s):2-6-015:010,011 Area:55.654acre5
Zoning:Residential District (R-10)/Resort District (RR-10)/Neighborhood
Commercial (CN)
State Land Use
District(s):
Urban General Plan
Designation:
Resort/Residential
Comm./Neighborhood
Center/Natural
AGENCY COMMENTS
COK Public Works pending
COKWater:pending
Other(s)
D State DOT-Highways:
State Health:
DLNR-SHPD:
pending
pending
EXISTING ROAD RIGHT-OF-WAY(S)
Road Name Existing
Width
Required
Width
Pavement
YES N0
Reserve
Ala Kalanikaumaka 60 feet 60 feet a
Lawa i Road 60 feet 60 feet a
a D
APPLICABLE FEES
Environmental ImpactAssessment (EIA)$750.00
Park Dedication $600.00
Appraisal Report Required N/A
^:.*.^*022
III.EVALUATION
The proposed subdivision consolidates two (2)existing lots and resubdivides into a total of
four (4)lots.The subdivision involves:
1)Lot 1 -A roadway lot that serves as the future east/west roadway serving Parcel X
and Parcel R with connection to Ala Kalanikaumaka;
2)Lot 2 -Consists of the parcel that was recently purchased by Kupono Resorts,LLC.via
the Parcel X Condominium Map.The lot is County Zoned Resort District (RR-10)and
Residential District (R-10).The applicant has represented that Kupono Resorts is
currently working on a master development and it is unclear as to whether the parcel
will befurthersubdivided;
3)Lot 3 -The remaining parcel that is owned by Kukui'ula Development Company,LLC.
and it is zoned Residential District (R-10);and
4)Lot 4 -It is the parcel that encompasses The Shops at Kukui'ula commercia!complex
and is County zoned Neighborhood Commercial (CN).
The intent of the proposal is to consolidate and resubdivide the subject properties to be
consistent with the boundary lines that are designated in the Parcel X Condominium Map.
A portion of the property is within the Special Management Area (SMA).Any new
"development",as defined in Section 1.4 ofthe SMA Rules and Regulations ofthe County of
Kaua'i,may require an SMA Permit and if so,the applicant is subject to all applicable
requirements/conditions ofthe permit.Further,a portion of Roadway Lot 1 is within the
Special Management Area.The Applicant has obtained a Special Management Area Minor
Permit (SMA(M)-2022-7)with the Planning Department to develop a roadway and other
related improvements.In considering the subdivision,the Applicant is subject to the
applicable requirements of the SMA permit.
The Applicant should also be made aware that the proposal is subject to the requirements
associated with the Ka Pa'akai O'Ka'aina Analysis.This requirement is required by law to fulfill
the constitutional duty to preserve and protect traditional customary native Hawaiian rights
and resources.
It should also be noted that the Public Path and Trails Exhibit dated October 2020 shows the
proposed subdivision as part of the trail system within the planned community.The applicant
will need to work with the Planning Department to address the provision of public access.
IV.RECOMMENDATION
2 1 Page
S-2022-8;Subdivision Report
BBCP Kukuiula Parcel X LLC,ET,AL,
02.08.2022
TENTATIVE APPROVAL FINALAPPROVAL
EApproval
Q Denied
Q Approval
D Denied
Tentative Approval subject to all requirements
as noted on the follow pages:
All conditions have been complied with
SA^^^^Z-
(/u 2-24-2022
(irectorofPlanning Date Director of Planning Date
V.AGENCYREQUIREMENTS
1.Requirements of 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,if any,shall be identified in the deed
descriptions of the affected lots;draft copies of which 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 fees for developments
within their Project Area.Since the Applicant has not resolved with the Planning
Department whether they will pay fees or provide improvements for credit,the
following fees are being assessed:
1)An Environmental ImpactAssessment FeeofSeven Hundred Fifty Dollars
($750.00)shall be paid to the County of Kaua'i;and
2)An Park Dedication Fee ofSix Hundred Dollars ($600.00)shall be paid to the
CountyofKaual,
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.l.c.and prior to final subdivision map approval,the
Applicant shall meet with the Planning Department to resolve the applicable
requirements of Ordinance 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.(EIA credit)
o 15.(recreation)
o 16.(park dedication credit)
o 23.(wastewater system master plan)
o 27.(solidwastemanagementplan)
31Page
S-2022-8;Subdivision Report
6BCP Kiikuiula Parcsl X LLC.ET.AL.
02.08.2022
o 30.(blasting plan)
Pursuant to Section 9-2.3 (g)(3)(D)ofthe Subdivision Ordinance,Kaua'i County
Code (1987),streets that are a continuation of an existing street shall be given the
same name as the existing street.Proposed roadway Lot 1 will be a continuation of
Kaulu Street,an existing roadway that was previously created through Subdivision
Application No.S-2005-25 (Kukui'ula Parcel Y Subdivision).Lot 1 shall bear the same
and will be shown on the final subdivision map.
In addition and prior to final subdlvision approval,the Applicant shall submit 12 copies
of a map that shows the extension of roadway to Kaulu Street.The map 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.
Relative to Condition l.e.,the Applicant shall consider developing the existing
easement on the neighboring lot (Lot 11-B)to provide a through road connection to
Kaulu Street from Ala Kalanikaumaka that would serve as a secondary access for
ingress/egress ofthe Kukui'ula Development project area.
The Subdivider shall comply with the requirements in Section 9-2.3(e)of the Kaua'i
County Code (1987)relating to the provision of curbs,gutters and sidewalks along
roadway Lot 1.The extent of improvements shall be resolved with the Planning
Department and Department of Public Works prior to final subdivision map
approval.
h.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.
i.Prior to final subdivision map approval,the Applicant shall work with the Planning
Department and Department of Public works to establish vehicular access to
proposed Lot 3 for its future development.It is the department's preference that
access to Lot 3 be obtained from roadway Lot 1 and through Lot 2.
Additionally,there shall be no vehicular access onto Lawa'i Road from proposed Lot
3.However,if it is determined that future development of Lot 3 will require access
from Lawa'i Road,accessshall be permitted onlyfor ingress/egress ofa roadway
for the development.The Applicant shall resolve this matter prior to final
subdivision map approval.
j.Relative to the requirements/standards setforth in Ordinance No.777,the
Applicant shall resolve with the Planning Department the provision of public access.
The subdivider shall incorporate the features of the Conceptual Trail Master Plan
(dated April 2004)within the project area,if applicable.The access plan shall be
4 1 P age
S-2022-8;Subdivision Report
BBCP Kukuiula Parcel X ILC.ET,AL
02,08.2022
reviewed and approved by both the Planning and Parks &Recreation Departments.
Furthermore,proper documents shall be prepared and ready for execution prior to
finalsubdivision approval.The Planning Department reserves the rightto impose
additional conditions relating to this matter while in the process of resolving this
condition.
k.The Applicant shall estabtish bus stops/shelters pursuant to Ordinance No.406.The
details shall be resolved with the Planning Department and Department of Public
Works priorto construction plan approval.
I.The Applicant shall identify on the final subdivision map whetherthe proposed lots will
be utilized for Transient Vacation Rental (TVR)purposes.If so,the total amount of the
lots within the Kukui'ula Parcel X,Phase 2 Subdivision,shall be counted towards the
total amount approved through Ordinance No.PM-2004-370.
m.The subdivider is informed that a portion ofthe subjert property is located within the
Special Management Area (SMA).Additional lots within the SMA or any new
Development/as defined inSection 1.4oftheSMARules and Regulations ofthe
County of Kaua i,may require an SMA Permit and if so,the appticant is subject to all
applicable requirements/conditions ofthe SMA Permit.
Additionally.theApplicantshall besubjecttoall applicable requirements ofSpedal
Management Area Minor Permit SMA(M)-2022-7.These requirements shall be
satisfied prior to final subdivision approval.
n.The applicant shall depict with a dotted line on the final subdivision map zoning lines
delineating the boundaries between each County Zoning District as shown on the
"Kukui'ula South Shore,Kaua'i,Zoning Refinement Area Map".The Applicant shall
work with the Planning Department prior to final subdivision approval.
o.Pursuant to Section 9-3.8(b]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.
p.In Ka Pa'akai O Ka'aina v.Land Use Commission,the Hawai'i Supreme Court
established a three-part analytical framework to fulfill the constitutional duty to
preserve and protect traditional and customary native Hawaiian rights and
resources while reasonably accommodating competing private interests.Prior to
final subdivision approval the Applicant shall describe the actions taken and
examination conducted to analyze the following:
1)Identify whether any valued cultural,historical,or natural resources are
present within the project area,and identify the extent to which traditional and
customary Native Hawaiian rights are exercised.This part may include but not
be limited to the following analyses:
5|Page
S-2022-8;Subdivision Report
BBCPKukuiula ParcelXLLC.ET.AL
02.08.2022
2.
3.
4.
o Descrjbe the project area in relation to traditional and customary practices
that occurred in the region or distnct.
o Describe the extent that traditional and customary practices were practiced
in the ahupua'a and project area.
o Describe the communitv members you consulted with including their
genealogical ties/long-standing residency,and relationship to region,
ahupua'a and project area.
o Describe the Land Commission Awards provided on the property?
o Describe the prior archaeological studies that were conducted for the
property.
o Are you aware ofany resources thatfound anyevidence ofsubsurface
habitation or excavation on the property?
o Does the property contain any evidence that trails were in existence on the
property?
o Have any individuals ever requested access to the property for any reason?
2)Identify the extent to which the identified resources and rights will be affected
or impaired by the proposed project.
3)Specify any mitigative actions to be taken to reasonably protect native
Hawaiian rights iftheyarefound to exists.
Requirements of the Department of Public Works (DPW):
a.The subdivider shall comply with the requirements of the Department of Public
Works,ifany,priortofinalsubdivisionapproval.Thesubdividershall be notified upon
receipt of their report.
Requirements of the Department of Water (DOW):
a.The subdivider shall comply with the requirements of the Department of Water,if
any,prior to final subdivision approval.The subdivider shall be notified upon receipt
oftheirreport.
Requirements of the Department of Health (DOH):
a.The subdivider shall comply with the requirements of the State Department of
Health,ifany,priorto final subdivision approval.Thesubdividershall be notified
upon receipt of their report.
6 1 Pag e
S-2022-8;Subdivision Report
BBCPKukuiu laParcelXLLC.ET.AL
02.08.2022
5.Requirements of the State Historic Preservation Department (SHPD):
a.The subdivider shall comply with the requirements of the State Historic
Preservation Department,if any,prior to final subdivision approval.The subdivider
shall be notified upon receipt of their report.
6.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 Planning Department to determine mitigation measures.
7.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 ofthe forthcoming public hearing process scheduled
for MARCH 8,2022 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 Applicanfs response to staff's report and recommendation as provided herein.
(ENNETH A.ESTES
Planner
7 1 Pag e
S-2022-8;SubdivisionReporl
BBCP Kuhlliula Parcel X LLC.ET.AL,
02.08.2022
&E A '"
'pARki'
VICINITY MAP
N.-:Lj£ale
KUKUI'ULA PARCEL X SUBDIVISION,PHASE II
CONSOLIDATION OF LOTS 10-A AND 11-C
OF KUKUI'ULA PARCEL X 5UBDIV!S!ON
AND RE5U8DIV!SiON OF SAID CONSOLIDAT10M INTO
LOTS 1 TO 4,INCLUSIVE,
AND OESIGMATION OF EASEMENTS A-1,A-2,5-1,PT-1 AND R-1
AN&CANCELLATION OF EASEMENT 13
BEING ROYAL PATENT 644S,LAND COMhliSS!ON AWARD 5482 TO INO,
BEING ALSO,PORTIONS OF ROYAL PATENT 4256,
LAND COMUISSION AWARD 5314 TO KAPA,
AND ROYAL PATENT 6714,LANO COMMISSION AWARD 7714-6,APANA 2,
TO M.KEKUAIWA N0 M.KEKUANAOA
AT KOLOA (MAKAI),KOLOA,KAUAI.HAWAIt
TOTAL AREA:55.654 ACRES
wKunu
iavuiA.w
KXISTING EASEMENTS
/:\HH(^0-AtB nNlWA ffMCa..X 6CHHftft#^iyWWJtA NUtCBL X AUI
r r
COUNTY OF KAUA'I
PLANNING DEPARTMENT
4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766
(808)241-4050
SUBDIVISION APPLICATION ROUTING FORM
DATE:January 20,2022
Subdlvislon Map Revtew and Approval
REQUEST:
|S Prellmlnary
Q Pre-Flnal
Q Flnal
Q Extenston
SUDIVISION APPLICATION N0:Subdivision Permit N0.S-2022-8,
Owner(s)/Applicant(s):BBCP Kukui'ula Parcel X,LLC.Et.Al.
NameofSurveyor/Engineer/AuthorlzedAgent:|Chris Rivera
Tax Map Key:TaxMapKey:(4)2-(.015:10andll |Assigned to:|Kenny
Improvements;
Route To:
COMMENTS (CommentDue Date:2/19/2022):
No comment or concerns from Fire
~w
DPW-Bngineering TT Department ofTransportation *STP~D
DPW-SolidWaste
"a'
DOT-Highway,Kauai~w
DPW-Waslewaler
~w
Staie Department of Health~s
Fire-Department ^
~D
State Historic Preservation Division
TS'Department of Parks &Recreation
~D-
\M Sca Granl~w
County Housing-Agency
~w
U.S.Posial Depanment~D
KHPRC
-D~
Olher;~w
County Water Department~w
County Transportation Agency
r r
COUNTYnf-K^ijAI
"22 JAN 28 P1 :50 COUNTYOFKAUA'I
PLANNING DEPARTMENT
iWKf-STREET.SUITE A473 LIHU'E,HAWAI-I 96766
>LI!'-t'1-(808)241-4050
SUBDIVISION APPLICATION ROUTING FORM
DATE:January 20,2022
Subdivision Map Review and Approval
REQUEST:
^]Preliminary
Q Pre-FinaI
Q Final
n Extension
SUDIVISION APPLICATION N0:Subdivision Permit N0.S-2022-8,
Owner(s)/Applicant(s):BBCP Kukui'ula Parcel X,LLC.Et.Al.
Name of Surveyor/Engineer/Authorized Agent:I Chris Rivera
Tax Map Key:TaxMapKey:(4)2-6-015:10and 11 |Assigned to:|Kenny
Improvements:
Route To:
COMMENTS (Comment Due Date:2/19/2022 ):
Q-pf^^C^S)0 ^/2-THW CoM^OJn OhJ -^K,
Peo^cT.
"\hf^^
\•'^-'7-'2oa'2_
"M"
DPW-Engineering
~0
Department of Transportation -STP~a
DPW-SolidWaste
~a-
DOT-Highway,Kauai~s
DPW-Wastewater
"w
State Department of Health~w
Firc-Department D State Historic Preservation Division
T Department of Parks &Recreation
~0
UH Sea Grant~s
County Housing-Agency
~w
U,S.Postal Department~D
KHPRC
~D
Other:~w
County Water Department~s
County Transportatton Agency
Ka'ainaS.Hull
Diti.'i-'loi ol'l'];ii]nin{.
COLINTYOFKAUA'I
I'LANNINC DEI'ARTMENT
SUBD1VISION REPORT
Jodi A.1-ligiiclii Sayegiisa
llk;pui\Dircclor oj'l'liimiiiij;.
SUBJEa.TO CHAK:
SUMMARY
Action llequired by Consideralion ofSubdivision Applicalion No.S-2020-7 ihal
Piiinning Cominission;subdivides a parcel inlo two (2)!ols.
Subdivision ]*erinil i\o,Applicalion No.S-2020-7
Name ol'A|)plicant(s)STATE OF HAWAII DLNR -FORESTRY
II.I'ROJECT INFORMATION
III.EVALUATION
The proposed development subdivides a parcel into two (2)lots and llie primary inleiil is to
establisli a len (10)acre parcel to be utilized by the State ofHawai'i,Depaflmenl ofLand
and Natiira]Resources (DLNR)as a baseyard facility,
IV.KECOMMENDATION
[-.U!Eii',ktiulll,Oeitlnp',Bepoil 11 1.20 D[S.!U;U.?DLHLHnncpEpe BoseToid.itu
i.i -i./ift^,^^xya-1
MapTitle Designation oflot B Being a portion of l-1anapepe Government Lands,
Seclion A (C.S.F.9976-9979)Hanapepe,Waimea,Kaua'i,Hawai'i
Tax Map Key(s):1-8-008:020 (Por.)Arca:379 Acres
Zoning:Agriculture/Open
Statc Lnnd Use
Districl:(s):
Agficiiltural Gencral l>l.^n
Dcsignation:
Agricuitiiral/Open
AGENCY COMMENTS
^ICOKPublii:4/6/2020 D Statc DOT-Highwnys:
VVorks
COK Wnter:5/2/2020 IX]Slate Hcaltll:4/23/2020
D Olher(s)D DLNR-SHPD:
EXISTINC ROAD RICHr-OF-WAY(S)
Road Name Existing
Widlh
Required
Width
Pavement
YES N0
Reserve
Lele R.oad 40 feel 56 feel H a 8 feet
a a
D a
AI'l'LICAIiLE FEES
Environinenlai Impiict Assessmcnl N/A
)>ark Dcdication N/A
Appraisal I^eport Requirctl N/A
TENATIVE APPROVAL FINAL API'ROVAL
EApproval
D Denied
@ Approvai
C]Denied
Tental.i\'e Approval subjecl to all
requiremenls as noted on llie follow pages:
a^^(CAA....
All conditions ligye been complied with
T ./..-<fl.=3±-^-'^-'^,4w
Director of PlsuiiiEng Oate 1)ircctor of/Planning l)&f e
V.ACENCY REQUIREMENTS
1.Requirements ofthe Pianning Department:
a.An updated preliminary title report for the existing lol shall be submitted to the
Planning Department for review.
b.Al]existing and proposed easements,ifany,shali 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(bJ ofthe Subdivision Ordinance,Kaua'i County Code
(1987),the Applicant shall submit to the Planning Department an electronic
record (digitized fbrmat)ofthe final subdivision map(s)on disk for record
keeping purposes prior to final subdivision approval.
d.An eight (8)foot wide future road widening reserve shall be established along the
frontage ofLeIe Road.There shall be no new structures permitted within the
reserves,and any new structures should be setback from the reserves.The reserves,
along with the restrictions,shalf be incorporated into the deed descriptions ofthe
atfected lots,ofwhich draft copies shall be submitted to the Pianning Department
fbr review and approval.
2.Requirements ofthe Department ofWater (DOW):
a.The subdivider shall pay the Department of Water the applicable charges and/or any
rate increase in effect at the time ofreceipt:
1)A Faciliries Reserve Charge of $28,230.00 (2 lots at $14,115 per lot)
b.The subdivider shall prepare and receive DOW's approval ofconstruction
drawings for the necessary water system facilities and either construct said
facilities or post performance bond for construction.
c.If bond is filed,to secure final subdivision approval,the subdivider shall clearly
letter the following on the approved construction plans,final subdivision map,
and deeds:
ttDomesfic waler service will noi he available until the required
construction improvemenls for this subdivision are completvc}and
accepled hy the Department of Waler,Cuunty ofKauai."
This deed restriction shall be recorded with the Bureau ofConveyances within
(90)days offinal subdivision approval by the Planning Department.
d,Requests for additional water meters or an increase in waler meters or an increase
in water meter size will be dependent on the adequacy ofthe source,storage,and
transmission facilities at that time.
3.The Applicant is advised that should any archaeological or historicai 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 Planning Department to determine mitigation measures.
4.The Applicant is advised that prior to and/or during construction and use additional
conditions may be imposed by govemment agencies,Should this occiir,the
appiicant 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 ofthe forthcoming public hearing process scheduled
for JUNE 9,2020 whereby the entire record should be considered prior to decision-makiny,The
entire record should include but not be limited to:
2|Page
S-2U2U-7;liubdivisi"n Kyporl
Slak-ol'ilawuii l^i.NR (l-oa-,lr)')
5/2K/2U20
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.
DALE A.
Planner
3|Page
S-2020-7;Subdivision Report
State ofHawaii DLNR (Forestry)
5/28/2020
SUBDIVISION OF LOT 2 OF
HANAPEPE GOVERNEUENT LAND,SECTION A
INTO LOTS 2-A AND 2-B
BEINC A PORTION OF THE GOVEEWMENT (CR01TN)LAMD OF EANAPEPB
BEING ALSO A POitIION OF GRANT 7BW TO KAUA'I ItAILWAY COUPANY COOTBYED TO
THE TERMTORY OF HATAI'I BY KAUA'l TEKMINAL,
UMFtED BY DEED DATED DECEMBER 21,IflM
ANB RECORDED Bl UBEB 1897.PAGES 1-3 (LAND OFF1CE DEED 7B62)
smiATED AT BANAPEPE,ffAIMEA (KONA),iUUA'I,iIAffAI'I
TAX UAP KBY:(4)1-B-OOS:030
OWNEE;StiTE OF HAtAI'I
ADDRESS:1161 PUNCBBOWL STItTCT
HUNOLULU.IU1f*]'l IWB13
BttOnc nICT EQWSt "u.
A^^.lfc-^2-.
*TAS
COUNTY OF KAUA'l DEPARTMENT OF PUBLIC WORKS
TO:PLANNING DIRECTOR
FROM:ENGINEERINGDIVISION
VIA:COUNTYENGINEER
DATE:February 22,2022
;^)u ,.,'ofKaus .
.NINGDEPT
22 FEB23 A5::/-
RE:Subdivision of Lot-2 of Hanapepej^iyeinment Land,
Section A into Lots 2-A and 2-B being a portion of
the Government (Crown)Land of Hanapepe being
also a portion of Grant 7846 to Kaua'i Railway
Company conveyed to the territory of Hawai'i by
Kaua'i Terminal,limited by deed dated December
21,1944 and recorded in liber 1897,Pages 1-3
(Land Office Deed 7862)situated at Hanapepe,
Waimea (Kona),Kaua'i,Hawai'i.
S-2020-07
SUBDIVISION N0.
OWNER:State of Hawaii
REGISTERED PROFESSIONAL LAND
SURVEYOR:Erik S.Kaneshiro,PLS
TAX MAP KEY:(4)1-8-008:020
FINAL MAP
CONSTRUCTION PLANS (TITLE
SHEET)
CONSTRUCTION INSPECTION FEE
AGREEMENT&BOND
COMPLETION OF IMPROVEMENT
FINAL MAP
DEDICATION
x
COMMENTS:
1.The proposed development shall comply with the County of Kaua'i Storm Water Runoff System
Manual.
2.Best Management Practices (BMPs)shall be implemented at all times to prevent
damage by sedimentation,erosion or dust to streams,water courses,natural areas and the
property of others.
3.A driveway approach permit will be required for the driveway connection with Lele Road.It is our
understanding that a site plan has not yet been developed;therefore,the driveway approach can be
located and constructed later once the site plan is developed.The applicant is hereby notified that a
driveway approach application will be required in the future when the site is developed.To submit a
driveway approach application online,go to Connect.Kauai.gov and create an account by clicking on
the Sign-Up link.
Step 1:AtConnect.Kauai.gov login using youraccount
Step 2:Click in the Search box to find the form (for example,type "Driveway",or click the"Public Works\Engineering"icon)
Step 3:Select the "Driveway Approach Application"icon
•Follow the system prompts and tab through the application process.
•Upload all necessary documents,including a plot plan showing:
o The location of the driveway approach,
o The width of the driveway at the property line,and
o The width of the driveway at the edge of pavement.
Once the application is submitted,it will be reviewed by DPW Engineering Division staff.You will
receive an automated email as to the status ofyour application.While the application is being
reviewed,you can view its progress at any time by logging back in to Connect.Kauai.flov.
We have no further comments.Recommend approval of Final Map.
Sincerely:
.^<.'^
for MICHAELMOULE,P.E.
Chief,Engineering Division
Oepartment of
Walei hw iw Stihstifvle Coiisen'e ir
County of Kaual
4398 PUA LOKE STREET
UHU'E,KAUA'I,HAWAI'I 96766
PHONE:(808)245-5400 FAX:(808)24S-S813
SUBDIVISION REPORT
TO:PLANNING DEPARTMENT
FROM:DEPARTMENT OF WATER
TMK:1-8-08:020 NAME:
State ofHawaii
DLNR Forestry SURVEYOR;AECOM REPORTNO:S-2020-7
1.Domestic water is adequate.Tentative approval is recommended.
Water Requirements are not affected.Tentative approval is recommended.
2.AII requirements have been fully met and;therefore,Final approval is recommended.
3.Before final approval can be recommended,the subdivider must:
A.Pay the Department of Water the following charges in effect at the time of receipt.At the present time,
these charges include:
1)Thc Facilities Reserve Charge (FRC):
Lot@$I4.115perlot -$
.IfPaymenttoinstall.,or relocate _,service connections(s)at the fixed cost of$
2)the subdivider causes a detay in the service connection installation after one year since final map
approval,the subdivider shall be charged the increase in the fixed cost,ifany.
Deposit (the subdivider will either be billed or retumed the difference between this deposit and the3)actua)cost ofconstruction of$for construction by the Department of Water.
B.SubmittotheDepartmentofWatera copy ofthe subdivider's pennit to perfonn work upon a State
highway from the State Highways Division
C.Prepare and receive Department ofWater's approval ofconstruction drawings for the necessary water
system facilities and either construct said facilities or post a performance bond for construction.These
facilities shall also include:
D.Prepare and convey to the Department ofWater a Right-of-Entry and Temporary Grant ofEasement for
the purpose ofconstruction,repair,maintenance,and operation ofthe subdivision water system
improvements installed in other than County-owned property.
E.Ifa bond is filed,to secure final subdivision approval,the subdivider shall clearly letter the following on
the approved construction plans,final subdivision map,and deeds:
"Domestic water service will not be available until the required construction improvements for this
subdivision are completed and accepied 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.Installation of service connections will not be required until request for water service is made.The applicant
for service will be charged the applicable service connection charges at that time.
5.Other (or remarks);
a
D
s
a
a
D
D
D
D
D
a
a
D
a
~}yUc^t£^.^Oct22,2021 SUBDIVISION REPORTNO.S-2020-7
Michael K.Hinazumi,P.E.
Program Administrator
Engineering Division
Date
RF:bdm
FINAL APPROVAL-
DAVID Y.IGE
GOVERHORQFHAWAII
r
oi.i.i'.i.^Ot r*•-
PL^NNJNGDi
21 AUG 12 Pl :36
RECfc!v h L.
r
STATE OF HAWAII
DEPARTMENT OF HEALTH
KAUAI DISTRICT HEALTH OFFICE
3040 UMI STREET
LIHUE.HAWAII 96766
August 6,2021
EL1ZABETH A.CHAR,M.D.
INTERIM OIRECTOR OF HEALTH
JANET M,BERKEMAN,N.D.,U.P.H.,F.A.A.P.
D1STRICT HEALTH OFF1CER
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-2020-7
Applicant:State of Hawaii DLNR Land Division-Division of Forestry
and Wildlife
All concerns have been addressed and the Department has no objections with final
approval ofthis application.
Should you have any questions,please call me at 241-3323.
Sincerejy,
Darten T Tam6k<
District Environmental Health Program Chief,Kaua'i (Acting)
1
KAUA‘I PLANNING COMMISSION
REGULAR MEETING
October 26, 2021
Draft
The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by
Chair Apisa at 9:00 a.m., - Webcast Link: https://www.kauai.gov/Webcast-Meetings
The following Commissioners were present:
Ms. Donna Apisa
Ms. Helen Cox
Mr. Gerald Ako
Mr. Melvin Chiba
Mr. Francis DeGracia
Ms. Glenda Nogami-Streufert
Ms. Lori Otsuka
Excused or Absent
The following staff members were present: Planning Department – Director Kaaina Hull,
Deputy Director Jodi Higuchi Sayegusa, Myles Hironaka, Dale Cua, Romio Idica, and Planning
Commission Secretary Shanlee Jimenez; Office of the County Attorney – Deputy County
Attorney Laura Barzilai, Chris Donahoe, Office of Boards and Commissions – Administrator-
Ellen Ching, Administrative Specialist Anela Segreti, and Support Clerk Arleen Kuwamura.
Discussion of the meeting, in effect, ensued:
CALL TO ORDER
Chair Apisa: Called the meeting to order at 9:00 a.m.
ROLL CALL
Planning Director Kaaina Hull: Madam Chair, its 9:00, I think we have all commissioners presents.
Commissioner Streufert, I think you must turn on your camera to come into the meeting. Once
Commissioner Streufert’s ready we can…
Ms. Nogami-Streufert: My camera is on.
Mr. Hull: Thank you, so Madame Chair, I think we're ready at your discretion.
Chair Apisa: Thank you, Kaaina. I call the meeting to order. Can you take a roll call, please?
Mr. Hull: Roll call, Commissioner Ako?
Mr. Ako: Here and by myself.
2
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Here and by myself.
Mr. Hull: Commissioner Cox?
Ms. Cox: Here by myself.
Mr. Hull: Commissioner DeGracia?
Mr. DeGracia: Here by myself.
Mr. Hull: Commissioner Otsuka?
Ms. Otsuka: Here and by myself
Mr. Hull: Commissioner Streufert?
Ms. Nogami-Streufert: Here by myself.
Mr. Hull: Chair Apisa?
Chair Apisa: Here and by myself.
Mr. Hull: Thank you, Madam Chair, we have a quorum. Seven Present.
APPROVAL OF AGENDA
Mr. Hull: Next up, would be the approval of the agenda. The Department has a standard
amendment to the agenda that New Business Items follow their respective Agency Hearings. But
that'll be the only amendment the Department will recommends, New Business Items M, in
directly following their agency hearings and agency item F.
Chair Apisa: I would call for a motion to approve the minutes as amended.
Ms. Nogami-Streufert: I move to accept the agenda or approve the agenda as amended by putting
New Business Item M, to follow its respective Agency Hearing and item F.
Ms. Cox: I second the motion.
Chair Apisa: We have a motion on the floor. Any discussion? All those in favor? Aye.
(Unanimous voice vote). Any opposed? Hearing none. Motion Carried. 7:0.
MINUTES of the meeting(s) of the Planning Commission
Mr. Hull: Next, there is no Minutes for the record.
3
RECEIPT OF ITEMS FOR THE RECORD (None)
Mr. Hull: There are no Receipt of Items for the record exception of the agenda (inaudible)
supplements and transmittals of testimony for the application of Phillip J. and Linda M. Green. As
well as for the Kawailoa Development LLP.
HEARINGS AND PUBLIC COMMENT
Mr. Hull: We will move into oral testimony, and I'll turn this over to Jodi. What I'm seeing in the
attendees list is that there are fewer attendees that have registered to speak with us, and I have an
understanding that some of the individuals that are signed in as attendees have multiple people at
their site that did indeed, previously register. So, if you're called upon to testify for 3-minutes, and
you have another individual at your site that did previously register, please let Jodi know so that we
can also entertain and hear their 3-minute of testimony as well. With that, I'll turn it over to Jodi, to
call out those that requested to present orally or visually to the Planning Commission.
Deputy Planning Director Jodi Higuchi Sayegusa: Thank you. Bear with us we're doing the best
we can to try to manage it with the virtual platform setting. So, with that, first up on the list we
have Annie Torio. When you're able to, if you could unmute yourself and put your video on and
then, you'll be able to and will start timing you at that point. Annie Torio? Annie, are you there?
Chair Apisa: Maybe, move on and then we could come back to that, if she indicates that she's
present.
Ms. Higuchi Sayegusa: Okay, I see her there. Okay. There she is. Okay. Annie, you might have to
unmute yourself now.
Ms. Annie Torio: Kalamai. We're hoping that we could present from Kapua Chandler's computer
because she has a laptop, and we're going to have the kids Oli. So, is that possible to share my 3-
minutes with Kapua Chandler's (inaudible)?
Chair Apisa: But I think we did this in the past and I was instructed, we need to stick to who was
registered to testify. Is that correct, I believe?
Ms. Higuchi Sayegusa: Yes, I think.
Mr. Hull: Madame Chair, just to double check. Kapua Chandler was pre-registered. I think what's
happening Chair, is both Kapua and Annie are at the same site. We're having technical issues. So
Kapua did indeed register.
Ms. Kapua Chandler: Sorry. Just to add to what you said earlier, Kaaina, we have Piinai is also
with us and Lopaka Chandler and then there's three other kids who registered Kai and Kadence and
Tucker and they're not giving testimony. So, Jodi, kalamai. You can take those out, but I can do
that, they are ready to go, and I’m in their classroom at Kilauea school. So, they have to be in
bubbles outside if multiple classes come together, that's why we want to do it on the laptop just so
that I can move outside because Annie is on the desktop in the classroom.
4
Ms. Higuchi Sayegusa: Okay. I moved you into it so, if on your laptop, you can go ahead and start
unmuting yourself.
Ms. Chandler: Can you hear us? (inaudible).
Ms. Higuchi Sayegusa: I can hear you, am not able to see you just yet. Okay, there. So, I'm going
to start the timer.
Ms. Chandler: Anna, you can come close, Anna, since you want to do the intro. Come on Anna, so
they can here you.
Ms. Higuchi Sayegusa: I’m going to start the timer. You have three minutes.
Ms. Chandler: I tell them what you're going to do.
Ms. Anna Vaughan: My name is Anna Vaughan. Today, me and some fellow schoolmates stand
before you today to sing the Kilauea Oli. This Oli was written and composed for the Kilauea
school. It talks about the importance of Nihoku to the Kilauea community members. Here is that
special Oli.
[School students Hawaiian language chanting (oli).]
Ms. Chandler: Okay, Piinae and this group and Lopaka, you can come with me. Jodi, is it okay to
go into Piinae and Lopaka?
Ms. Higuchi Sayegusa: Sure. I'm going to restart time. Again, that was Annie Torio, I guess?
Ms. Chandler: Sorry, I was muted and I'm listening to from another classroom, Kalamai. The
classroom behind me. That's okay?
Ms. Higuchi Sayegusa: Yeah. So just to be clear that was Annie Torio. So, we're going to move
on to Piinae.
Ms. Chandler: Yep, Vaughan. Okay I'm going to just put it right in here it's not as good of a view
but it's better acoustics. Okay, let us know and they can begin.
Ms. Higuchi Sayegusa: Okay, you can begin.
Ms. Piinae Vaughan: Hi, we are Na’e, Alayah, and Ilima, and we think strongly that you should
not your build your house on Nihoku, because it is important to us and the birds. Also, because it
represents Kilauea. Nihoku has many memories and his home too many endangered birds that
machines could hurt.
Ms. Na e: Hi, I’m Na e. I go to Nihoku alot. I have been going to Nihoku my whole life.
To me, Nihoku is a place where you can connect with the `aina. One memory I remember is of me,
my brother, my sister, and a few other kids played hide and seek in the tall grass in Nihoku. It was
so tall that you cannonball into the grass.
5
Ms. Alayah: Hi, it’s Alayah. Nihoku is where I took my first and funniest field trip. It was so fun
when we rolled down the hill and saw the nesting birds. Please protect them and don't build the
house.
Ms. Ilima: My name is Ilima, and some my favorite memories are actually at Nihoku. When I took
my horse out of the pasture, and he ate lots of tall grass, ever since then my horse trusting. These
are some of many memories that took place at Nihoku.
Ms. Piinae Vaughan: We're proud that Nihoku represents Kilauea. These are some of the reasons
why you should not build your house on our mauna. We would like it if you would not build your
house on the Nihoku. Mahalo.
Ms. Chandler: Awesome job girls. Thank you. And then now I have Lopaka. Is it okay to go,
Jodi?
Ms. Higuchi Sayegusa: Go ahead. Thanks.
Mr. Lopaka Chandler: Aloha, my name is Lopaka Chandler, and I'm born and raised in Kilauea.
My kupuna is from this place. I think that we shouldn’t build the house on Nihoku, that's because
it's the bird sanctuary, and it's the volcano that made Kilauea. And I'm afraid that the birds might go
away and find a new home and live somewhere else. People walk up the crater hill every day, and
a house built on that part of the mountain would ruin it. This mountain is special to the Hawaiian
people, putting a house on the Nihoku would change Kilauea forever, and it's not appropriate and
does not belong there. Thanks for listening. Mahalo.
Ms. Chandler: Okay, I know there's me, but I can go whenever you're ready.
Ms. Higuchi Sayegusa: Okay yeah, I'm just going to try to go down the list that I have, and you
can just clarify whether they're testifying. Next, I have on the list is Kadence Saenz.
Ms. Chandler: So, Kadence is a no.
Ms. Higuchi Sayegusa: Okay, I got. Next is Kyan Young.
Ms. Chandler: That's a no.
Ms. Higuchi Sayegusa: Next, is Tucker Constantino.
Ms. Chandler: No.
Ms. Higuchi Sayegusa: Okay. Next, I have Shyla Kainau Villanueva.
Ms. Chandler: Yes. Did Shyla register? She's not here I'm not sure. She…
Mr. Hull: Jodi, you have to bring her in on your end.
Ms. Higuchi Sayegusa: Yeah, I got it. So, I'm going to, Kapua, I'm sorry, if I could, I'm just going
6
put you back, then bring you back again, just so I can manage it you know, and go in order on my
list. Thank you.
Ms. Chandler: Thank you so much. The kids have class and stuff, so we really appreciate them
being able to go one-time. Mahalo Nui, I'll jump off now.
Ms. Higuchi Sayegusa: Okay. Shyla are you are you there? If you're there, could you please
unmute yourself and put your video on. Okay, Thank you.
Ms. Shyla KaninauVillanueva: Aloha.
Ms. Higuchi Sayegusa: Okay. You can begin.
Ms. Villanueva: Mahalo. My name is Shyla Kanainau Villanueva. I am a lifelong resident of
Kilauea. And I'm testifying in opposition to the request is special management areas permit for
Seacliff Plantation development (inaudible). Last hearing, I told a story about how a field trip to
Nihoku, inspired my education and career path and environmental cultural conservation in Hawaii,
and today, I'm going to share another story. My father used to work within the gated community of
Seacliff’s when I was about six or seven. And after he worked, he would drive us up to the cull de
sac lookout just below Nihoku. And he would point to each bay along the coast both north, west,
and east, and he would test me on all their names. He would ask me where the wind is coming
from? What I thought the tide was doing? And what I thought the weather would be like the next
day or within hours. And so, this is where I learned how to kilo. And shortly after that, came a time
where stricter privatization and more construction of the Seacliff area, made it difficult for him to
be there. And I recently asked him about this, and he vividly recall the feeling of alienation, but
also that Nihoku, is a really special place because of its vast and all-encompassing vantage point.
This would inform him as well as some, as well as some of my uncles in their decisions to go holo
holo or to go fishing. And this would determine if we had fish to eat, which is our main source of
dietary protein. He hasn't been up to Nihoku since, and this was over 15 years ago.
Unlike my previous story, I don't tell this one often if not at all. But it attests to the past and
continued impact that development on Nihoku has had on Kanaka `Oiwi who live in this area.
Nihoku also holds space for mo`olelo, home to Akua, and Aumakua and is home to native coastal
plants that have rich ethno botanical value, that have use in hula, food, and medicine. Near Lot 11.
A., is a native plant restoration area within fish and wildlife. And within the area are Kauai endemic
plants that are facing the pressure of extinction, (inaudible) or Po kala being one of them. As a
previous Kupu intern, I studied the seed dormancy and ecology of (inaudible), and it is well known
that the fruits are heavily impacted by the prediction of rats where seeds are severely damaged in
the process.
Nihoku is also home to part of the largest population of nesting seabirds in the main Hawaiian
Islands. Nesting seabirds including many Nene, Moli, `Ua` Kani, and `A`o as well as Pueo.
All of whose feathers are used in feather work, as well as a well-documented and important ethnos
zoological relationship for Kanaka `Oiwi. The proposed development would be at the highest point
on the slopes of Nihoku, closest to the refuge. Multiple associated impacts include grading,
construction, interior lighting, and availability of foraging for rats. The proposed development
further fragments potential future bird nesting and coastal native plants…
7
Ms. Higuchi Sayegusa: Three minutes, Chair.
Ms. Villanueva: Needed in the face of climate change; I think it's important to acknowledge such
development continues to marginalize not only Kanaka `Oiwi cultural practices but also native
avian and plant life in the area, who are quite literally being pushed towards the edge. So, I'm here
today, to humbly ask that the Planning Commission deny the requested permits, and that future
time, to acquire proper cultural analysis, and environmental impact statements to follow.
Mahalo Nui, for your time.
Ms. Higuchi Sayegusa: Thank you. Next, registered speaker is Na Kia`i O Nihoku. If you folks
could identify further who would be talking, I just want to make sure we have them on the list.
Mehana Vaughan: Kalamai. Me ke aloha. wanted to offer this `oli which was submitted in written
testimony…
Ms. Higuchi Sayegusa: I'm sorry, if you folks could just further identify who is within the Na Kia,
your group.
Ms. Mehana Vaughan: My name is Mehana Vaughan, I grew up in the Kilauea area just near
Nihoku. I and my ohana has been taking care of this area for three generations learning about and
working to protect this area.
Ms. Jessica Kaui Fu: I’m Jessica Kaui Fu. We have Hoku Cody, and Ann Eu.
Ms. Higuchi Sayegusa: Okay, go ahead.
[Group Hawaiian language chanting (`oli)]
Ms. Higuchi Sayegusa: Thank you. Okay. Next on our list we have Bryn Webber. Bryn Webber,
when you're ready, if you could identify yourself, unmute yourself and put your video on. Ms.
Webber are you there? You know, I'll come back to Mr. Webber. Next, on the list is Ann Eu. I
don’t see you on the attendee list. Next, we have Mehana Vaughan.
Ms. Kaui Fu: Go ahead, Mehana Vaughan.
Ms. Higuchi Sayegusa: Sorry, I'm sorry. Okay.
Ms. Kaui Fu: Since we're all together we're having a hard time logging out of our first things. Next
person getting on the computer. So, we have Anna and Mehanna both on this computer, that's okay
to proceed that way?
Ms. Higuchi Sayegusa: Yeah. You know what I see a Bryn has been able to come back so I'll come
back to you folks, if that's okay?
Ms. Kaui Fu: Mahalo.
8
Ms. Bryn Webber: Yes, they just had to add me back in and it took a second.
Ms. Higuchi Sayegusa: Go ahead.
Ms. Bryn Webber: Aloha, Planning Commission, Chair Apisa, Vice Chair Cox, and Honorable
Kauai Planning Commissioners. My name is Bryn, I’m here today because I believe that my
background and experiences can provide insight to the ecological significance and potential
impacts of this proposed construction on the Nihoku Crator Hill area. No, I’m not from here, but
over the past five years of living on Kauai, I have developed a deep respect for the Hawaiian
culture in this community. Nihoku and Crater Hill are important cultural sites for practicing
ceremonies such as Makahiki and it saddens me to see increasing development and decrease public
access to the sacred sites. I oppose the development altogether and suggest that the Commission
deny the permit for development. In 2016 and 2017, I worked for the Kupu Conservation Leaders
Program Station at Kilauea Point Refuge. I spent countless days working along Crater Hill and
Nihoku monitoring nest of endangered Nene and Albatross. I used to drive by this property every
day on my way to work and recall seeing many nesting Nene in these native Naupaka bush's. These
parents would be displaced from the property if it is developed. I've also seen firsthand, the
thousands of native sea birds that rely on this area for nesting and resting. And the last several
years, Albatross have returned to nest on Crater Hill meters away from the property. The Nihoku
Restoration Project Three-hundred-thousand-dollar Preditor proof fence is only a few hundred
meters away from the proposed development. This restoration project is the most important one of
the most important sites for the recovery of two critically endangered species, the Hawaiian petrol
and the Newell Shearwater. These species are declining rapidly. Studies shows 78% and 94%
population decline just in the last 20 years. Recent research from Kauai, has shown that the leading
causes of decline or due to power line collisions, light attraction, and habitat modification. I don't
have time to explain, but I'm sure that many of you are familiar with this problem of seabird light
attraction and the concept of fallout. Likely, close to a million dollars have been spent by the
federal government to trans locate chicks from mountain boroughs to the Nihoku restoration site
over the last five years, in the hopes of making a new colony, free of predators. This year was the
first year that they have seen a few chicks returning as adults to their boroughs and attempting
nests. These returning birds are evidence that these labor-intensive efforts to hand rear chicks are
working, and they're on their way to establishing a new colony. This development is a huge issue to
the success of this restoration project, as it is not a matter of if the lights from the construction
projects and buildings, but when these lights, cause young birds to become disoriented crash into
the ground and die. I believe this development and others in the area undermine the integrity of this
important and it's expensive at conservation project funds that are extremely hard to come by.
There are many obvious reasons why the property is within the county natural land use designation,
and a scenic/ecologic resources Special Treatment District Area. This requires the commission to
protect land and water areas with unique natural forums biologic systems or characteristics…
Ms. Higuchi Sayegusa: Three minutes, Chair.
Ms. Webber: Of value to the general public. Today, for the community and the birds, I simply.
I am simply asking you to uphold this agreement. Thank you.
Ms. Higuchi Sayegusa: Thank you. Next, next speaker, we have is Ann Eu, followed by Mehana
Vaughan.
9
Ms. Mehana Vaughan: Anna will be testifying from Milan (inaudible).
Ms. Higuchi Sayegusa: Thank you. Okay, go anytime.
Ms. Ann Eu: Aloha, my name is Ann Eu. I'm a resident of Kilauea and Moloa’a for the past
(inaudible) years. Nihoku is important to my family and I because it is the iconic and guardian
presence above the area where we spend the most time together and where we surf, fish, and gather.
I also work at Kahili Beach Preserve as a steward here to Kauai Land Trust. We strive to provide
educational opportunities for keiki for many schools on Island, where they may learn about land
preservation and conservation, river mouth estuary ecology, as well as native seabird habitat,
behaviors, and migration patterns. I am very concerned that the proposed houses, would impact the
many seabirds who call the area home. I also strongly feel that this house would forever ruin the
experience of this vital place, the most visible part of this majestic and highly cultural significant
peak above Kilauea for future generations of Kilauea, and Kauai’s young people. All of the times,
I have been able to access the upper reaches of Nihoku have been for hula and ceremony, to learn
of these special places, to learn place names of the area and their meanings, for Makahiki
observations, and also to kilo drinks, solstices, and equinoxes, as well as to Malama `aina with Na
Kia`i o`ni. This have all been under the conditions of obtaining Special Permits to access this place.
Yet, it is now reserved for the few who can afford to live in the only gated community on this
island. I can only imagine how wrong this must feel for descendants of people buried here or
people who grew up in Kilauea town all their lives. I have through the years volunteered many
hours with several nonprofit organizations caring for such places as Nualolo, Kalihiwai, Kahili
Beach, as well as Nihoku, and from all of these I have experienced the truth of the Olelo noeau ma
ka hana ka `ike. From every place all I have had the privilege to learn has come from quiet time
working and listening to the land. This cannot happen if there is a house with occupants living in it
right there listening to their Netflix and cars driving in and out, whether or not they have shielded
lights are dropped the roofline or paint the house and matching color with the surroundings. As a
non-native Hawaiian who has been involved in the cultural practice of hula, aloha, and malama
`aina, I know for the past 20 plus years. I am constantly completely humbled and awestruck by the
depth and breadth of knowledge and understanding that the ancient Hawaiians live with. Their
understanding of the interconnectedness of our surrounding environment, the air we breathe, the
land we walk upon, the rains, the waterways, the winds, the Pacific Ocean, that surrounds us, and
the relationships between all these things and all the creatures on land, in air and in sea that inhabit
it…
Ms. Higuchi Sayegusa: Three minutes, Chair.
Ms. Eu: Not just (inaudible). When, if you ever have the privilege to stand quietly and
contemplation upon this special place. I believe the answer to you would come that it is completely
inappropriate to build upon the slopes. I am asking you to make a decision that will forever
preserve and protect a place so sacred and special. Mahalo.
Ms. Higuchi Sayegusa: Next, we have on our list Mehana Vaughan, followed by Derek Gill.
Ms. Mehana Vaughan: Aloha, (Hawaiian language). Can you hear me, alright? (Hawaiian
language). Aloha, for the wonder of Nihoku, wells up with within me, and for the flying of all the
10
birds that flipped and soar here and there, at this hill of Palani ki kapua. I am coming to you today
with an update on our progress since the last hearing, because in the last hearing you intrusted Na
Kia`i o Nihoku with great kuleana of negotiating with the landowner an applicant. I have
submitted for my testimony, a timeline of progress and steps we have taken and work since that
day. Just to summarize, we met with the applicant twice including just within three days after the
hearing, we were able to tour Romeo Idica, of the Planning Department. Mahalo, Romeo. We have
also drafted Conditions submitted them to the applicant on September 26, and then heard nothing as
of the morning of October 20th. We had absolutely no response. So that led us to the point to
meeting to make decisions and we just wanted to emphasize that members of our hui have worked
tirelessly in multiple hui meetings and outreach to community members to ensure that this
negotiation is a collective process that includes kupuna wisdom and captures concerns of
Kilaueaians, cultural practitioners, ecologist, and others for this vital place. We have read the
testimonies that came in, over 160 individuals as well as the 48 today, who have testified in
opposition to the dwelling and associated construction. Collectively, if contributed over 200 hours
of we have community volunteer effort towards this negotiation process. We want you to know
we've done our very best and have been concerned that we could have a substantive response
within time, to vet it with the broader community and reach agreement. We remain committed to
protecting the cultural ecological and community significance of Nihoku and we are grateful to the
Planning Department and Commission for the opportunity and kuleana you have entrusted us with
and for your time, as volunteers. And we thank you for all that you do. Mahalo.
Ms. Higuchi Sayegusa: Thank you. The next registered speaker we have is Derek Gill, followed
by Puakia Mo`okini Olivero. Mr. Gill when you can, please put your video on and your audio.
Okay. Go ahead.
Mr. Derek Gill: Aloha, Planning Commission Officers, Commissioners, Directors and staff, and
community members. My name is Derek Gill. I am a Kauai property owner, and a malihini.
I thank you for the opportunity to testify this morning. The permit applications before you are for a
massive individual family residence that is on a parcel that falls under multiple special treatment
county level zoning designations. These designations are intended to protect the land, the ecology,
and the community from exactly this kind of non-compatible residential building project. In this
case, a non-compatible residential building project solely for the benefit of one family that intends
to cut and slice into the side of Nihoku, forever scaring the land. Forever altering the flow of
weather and drainage patterns in the area. Forever altering the habitat of our seabirds who
desperately need new habitats free of feral cats and other predators and rising seas, forever altering
the vast unobstructed lines of sight to neighboring moku’s and ahupua`a’s, I sorry, I'm still learning
Hawaiian, unique to this area that are currently available to traditional Hawaiian cultural
practitioners, forever altering the ability of native descendants to fully imagine them
history, and forever altering the sense of spaciousness that makes Kauai, unique, special, and
powerful. In addition to your kuleana as the Planning Commission to uphold the spirit and intent of
the special treatment zoning designations. It is my understanding that according to the Hawaii
Supreme Court's ruling on Ka Pa`akai O Ka `aina versus Land Use Commission as county decision
makers, you are required to perform the three-step Ka Pa`akai analysis prior to rendering decisions
that may impact cultural resources sites, and associated practices. There are many who will testify
here today, that are more qualified to speak about the specific Hawaiian cultural practices that will
be negatively impacted if you are individually and as a Planning Commission vote to grant these
permits, I strongly urge you to follow the legal guidance of the Hawaii Supreme Court ruling and
11
allow this Ka Pa`akai analysis to take place before making your decision. I urge you to grant in our
Na Kia`i O Nihoku, their petition to intervene and represent the public's interest on this matter.
I also hope, that everyone involved in this decision, including the landowners will take this
opportunity to reflect on why they are drawn to live on Kauai. While the solely Western mindset
might be most excited about the capital appreciation potential, which in itself is not bad.
but that is not what makes Kauai unique. Kauai is special and unique because there are many
diverse cultures present, Kauai is special and unique because of the ability to look in all directions
and enjoy nature without the eyesore of overdevelopment. Kauai is special and unique because of
the native culture of being in relationship with the land, and not just seeing the land as a resource to
be extracted for human consumption and enjoyment. We are on the precipice of losing this native
perspective and influence.
Ms. Higuchi Sayegusa: Three minutes, Chair.
Mr. Gill: Due to dwindling Hawaii population numbers, if those of us Malihini’s don't adopt these
perspectives and practices, we will destroy the spirit of the land and it will turn into yet another
economic casualty devoid of what drew us you're consciously or unconsciously to begin with.
Without spaciousness we are not able to cultivate these practices that bring us in relationship with
the land, when a site of cultural and spiritual practices boarded by private residence it necessarily
creates an inner contraction. That is the opposite of what the native practices are intended to elicit
this in my opinion is the essence of why this development is culturally inappropriate. In closing, my
understanding is that the Kilauea communities work to protect the slopes of Nihoku from
development for over 40 years. The proposed single-family compound would forever impact the
views and feeling of space and place at the area ohana love and enjoy together. Let's not sacrifice
this for the benefit of an individual family, and individual family that made this purchase with full
knowledge of the three layers of zoning and conferences that were pertinent to the land. I
encourage the Green family, to consider the compromises that have been proposed. Thank you,
again, for the opportunity to testify and for your earnest consideration of its content. Mahalo Nui.
Ms. Higuchi Sayegusa: Next registered speaker is Puakea Mo`okini-Olivero, followed by Olan
Leimomi Fisher. Okay. Whenever you're ready Ms. Puakea you can unmute yourself.
Ms. Puakea Mo’okini-Oliver: (Hawaiian language) Puakea Mo’okini-Oliver (Hawaiian language). I
am testifying today, in support of Na Kia`i o Nihoku in their petition to intervene and represent the
public's interest on this matter. From 2017 to 2019, I was a biological field technician and field
crew lead for Maui Seabird Recovery Project for the United States Fish and Wildlife Service on
Midway Atoll within Papa Hanau Moku Marine National Monument. From my experience in the
settings, I can without reservation say that the proposed house would be a detriment to the existing
populations of nesting seabirds on the cliffs of Nihoku. The ecological importance of seabirds and
nutrient cycling on coastal and mountainous landscapes, underline the cultural importance of these
long-lived species. Sea birds and their wings counterparts are valued for their abilities to frequent
the (inaudible) where our deities reside. Several species such as the Moli and Kahuku are
especially important for embodying the mana of certain deities, the Kou`e ula and the Kou`e kea,
and Eva are indicators for Ho`okele and Wa’a people. Because of the close proximity to the
colonies, it does not seem reasonable that shielded lights alone would mitigate disturbances to the
Manu. One meaning provided by the name Kilauea is spewing, taken literally, it describes the
vulcanology and current activity have Tutu Pele in her home on Halemaumau. I can't help but like
12
in Kilauea to the incredible amounts of testimony that has the fallen upon the Planning Commission
for review. The tremendous amount of information Na Kia`i O Nihoku has provided, not only to
the applicants and the Planning Commission regarding their concerns, but broadly to the
community is impressive. What's more is the depth and breadth in which the proposed 12,000
square foot structure would significantly impair the traditional and customary practices of this
place. Further, the `ike, mo`olelo, mele, oli, and support from across Kauai and the pai `aina for
Nihoku seems also to be spewing forth. I admire their permit applicants that initiated community
comment on this process from beginning. However, the lack of significant changes to original plans
raises the question whether community comments is being heard? After all, it is now the Planning
Commission's duty to act in accordance with the volume of knowledgeable community input
provided. In a Hawaiian worldview, `aina is everything that constitutes life, from the ecological,
geological, and astronomical to the winds, rains, and animals are not only deities but our ancestors,
our history, our present, or future. Impacts on any of these resources is an impact on cultural
resources, an impact on our places is a detriment to our ways irrevocable changes last for
generations. We're still living in echoes of this today. It is my hope honored Planning
Commissioners, that your compassion for Nihoku, and all that it shares and provides can spew forth
and understanding of Na Kia`i O Nihoku who's position and approve their petition to intervene in
the permitting process of the applicants. Aloha `aina, mahalo.
Ms. Higuchi Sayegusa: Next register speaker is Olan Leimomi Fisher, followed by Billy Kenney
Jr. Okay.
Ms. Olan Leimomi Fisher: Aloha mai kakou. My name is Olan Fisher and I'm testifying on behalf
of Office of Hawaiian Affairs. We appreciate the opportunity to offer comments on this matter
before the Commission. Based on the agenda packet for today's meeting, it is still unclear whether
a Ka Pa`akai Analysis has been performed by the County regarding this proposed project. OHA
recommends that before deciding today, regarding Agenda Item F.1.a, that the County,
take the time to meaningfully engage with the Ka Pa `akai Analysis, which requires specific
findings and conclusions when considering a petition, or when rendering and decision that may
impact Native Hawaiian traditional and customary practices. These three parts frameworks provide
a mechanism to not only protect Native Hawaiian Right but also allows the County to review and
analyze all the necessary factors to reach an informed decision that balances the competing interests
and legal rights. Planning Director’s preliminary recommendations, only address the use of
downward facing shielded lights and darker tone colors. However, there has still been no
determination about whether these recommendations will in fact protect Native Hawaiian
traditional and customary rights. There's been no mention of other possible actions to protect
Native Hawaiian traditional and customer rights. And there has been no mention of the many other
suggestions that Na Kia`i o Nihoku, propose. Also, regarding the intervening status of Na Kia`i o
Nihoku, while the status is certainly not a replacement for the County's Ka Pa `akai analysis,
it would help to better protect Na Kia`i o Nihoku’s constitutionally protected rights to engage in
their traditional practices, as well as to help better to develop the record to bring clarity to the
issues, and hopefully better developed potential solution and pass it forward.
In conclusion, OHA would just like to remind you all at the County that you all have a
constitutional duty as described by the Hawaii Supreme Court in Ka Pa`akai, to fully consider the
resources, site, and practices of the sacred place, and to take all the necessary actions to reasonably
protect them and deliver on decision making processes. OHA urges the commission to please, at
the very least conduct a Ka Pa `akai Analysis before making any decisions regarding this item, and
13
to really listen to the many voices of the community here today. Mahalo Nui, Commissioners, for
all your hard work for Kauai, please take care. Aloha.
Ms. Higuchi Sayegusa: Next register speaker is William Kenney Jr. followed by Hoku Cody.
Mr. William Kinney: Aloha, can you hear me?
Ms. Higuchi Sayegusa: Yes.
Mr. Kinney: Aloha, again. Mahalo, for your time, Commission. Aloha for the record, my name is
Billy Kinney, currently a resident of Kilauea. I've been on record saying all kinds of culture stuff.
So, I wanted to officially state, my hopes that a proper internal cultural impact statement or cultural
survey would be done by the County before I even really entertaining this permit. But I would
really like to digress a little bit and talk about subdivision. Particularly, how subdivisions like
Seacliff gated community, can continue to really consolidate this type of like land tenure and like
development desires that really degrade traditional and customary practices, properties, and access.
And so, to do they really degrade the possibility of (inaudible) and sort of the reinvigoration of
those practices are the general area too, right? And so, the reason why I kind of zoom out a bit, is
because when really, when identifying culturally significant places and practices, it’s kind of
insufficient to solely base those distinctions on artifacts and experiences, and practices done
concentrated in a small defined area that is really kind of bound by arbitrary boundaries. And so,
Kehau (inaudible), she uses this idea of distribution archaeology, where we apply like our regional
rather than a cyclable focus. So, my point is this kind of allows archaeology and cultural records to
be thought of as more of a continuous distribution of experiences and artifacts over the surface of
the land, right? Rather, and then at varying frequencies and density. So, the process is really what
gets me here, and analysis archetypes like Ka Pa `akai don’t necessarily kind of fail to address the
future of traditional and customer practices, and some and the surrounding community regarding
cultural life ways. So, the concept of subdivision along with faulty analysis, really leads us to more
Eurasia rate of people and culture, and what they call degradation principal or cultural natural
resources, lose legal protections, as land has already suffered these substantial adverse impacts.
And then at that point, it doesn't matter if we keep chipping away at it right. So that's, that's a
terrible thing, and so traditional customer practitioners do exist on the specific site out.
I will go on record and say that. And the continuation of those practices of this region really
depends on the integrity of that site. And I don't know if I'm allowed to talk about intervener or the
petition, but I'll just stop there. Thank you.
Ms. Higuchi Sayegusa: Thank you. Next register speaker is Hoku Cody followed by Jessica Kaui
Fu. Cody, I think you can just unmute and put your video on whenever you're ready.
Ms. Hoku Cody: Aloha.
Ms. Higuchi Sayegusa: Whenever you're ready to begin.
Ms. Cody: I wanted to take my time in the testimony to read the testimony of Ryan McCormick
who already submitted. And I just wanted to make sure that was, okay?
Ms. Higuchi Sayegusa: Sure. Yep. It's your time to testify so you have three minutes. Okay.
14
Ms. Cody: To whom it may concern. My name is Ryan McCormick, and I am the Kuma hula of
Maunuunu a school of traditional Hawaiian dance, in Kea`au, Hawaii, my `uniki rites were
conferred in 2014 through Unukupukupu under the tutelage of Dr. Taupouri Tangaro, who was
ordained as a Kumu hula in the lineage of Halau o Kekuhi and the Kanaka`ole family. We are
practitioners of the Hula Pele, the ritual dance form of the descendants of the Pele clan.
The chants and dances of our lineage record the ongoing relationship between people and the
volcanic forces of this archipelago. It is through this work of carrying this tradition that I was first
introduced to the landscape of Nihoku. In 2016, I was asked by Na Kia`i o Nihoku to share stories
and perspectives about the many mythological, genealogical, and geological between the landscape
of Hawaii Island, and that of Kauai explicated in our traditions. Of the many place names that
encompass Nihoku that do indeed, affirm its status as a wahi pana there are multiple overt
references to the Pele’s family. (i.e., Kilauea, Na Kaikaina), which underscores the importance of
this region in the living myths of Pele and her family, and the practitioners tasked with keeping
those rich didactic narratives alive for generations to come. Nihoku itself provides the ideal
location for a pa hula, or designated space for ceremonial dance and chant offerings, and haumana
from our Halau, we're privileged to share the hula as part of the Makahiki ceremonies there in
2017. As well as Mo`olelo and mele confirm, Nihoku, and its surrounding wahi pana, have been
areas of cultural and religious significance for centuries and continue to be so for Kanaka Maoli
and practioners of Hawaii life ways. Any development that would restrict or interfere with the
preservation of these lands, wildlife conservation efforts and access to the area by cultural
practitioners and lineal descendants of original inhabitants would be tantamount to an assault upon
the culture and traditions of these lands and would further erode the foundation of traditional
knowledge so critical to understanding our collective human relationship to this landscape off
Hawaii. Therefore, I am in opposition to the proposed development upon the Nihoku. `O au iho no
me ka `oia`i`o, Ryan McCormick. Mahalo.
Ms. Higuchi Sayegusa: Thank you. Next register speaker is Jessica Kaui Fu, followed by Kaua
Chandler.
Ms. Jessica Kaui Fu: Aloha, can you hear me?
Ms. Higuchi Sayegusa: Yes.
Ms. Fu: All right, Aloha honorable Planning Commission. I think the best use of my few minutes
here today, is to echo the voices of the kupuna of this place, and I'm on I'm sitting here alongside
Gary Smith who is like a lot of kupuna in our community have a hard time with the technologies of
today. I just wanted to convey their voices today, and I'm their concerns for protection of this place.
And, and the progress that they have made through the generations. So, I'm going to tell a little
story about Uncle Gary when he led a group of hula practitioners from through, from our respective
islands they gathered here and went on a Hua ka’i to Nihoku. And they were blown away at the
experience that they had in this special, special place; they saw it. They felt it. And on that day,
visionaries like Uncle Gary who stood up for this place and stuck up for this place. It was very clear
and apparent to this coupon or here that sits beside me what this place needed, and that is
Hawaiians, the lei o of Hawaii, voices of a Hawaii to return and to take kuleana and stewardship of
this place, and to grow the historical and cultural aspects and important, and the importance of this
place for all of Hawaii. For the Kilauea community, Kauai community, as well as all of Hawaii.
15
We see the archaeological evidence of Hawaiian uses of the crater. And, and many yet that have yet
to be uncovered. One cannot go there without coming away with the feeling that this place is truly
special a wahi pana, a place that rings with resonance within you. And that feeling is something
that is perpetuated through our Hawaiian practices, our customs, and traditions. And over time, we
are continuing to learn what Nihoku means the protruding tooth, and that even though it belongs to
the ahupua’a of Kilauea, it had its own famous chief (inaudible) Kapua, which was mentioned in
earlier testimony, complete with its own wind (inaudible), that was first uttered in the chance by
Pele herself when she named off the winds of Kauai. Nihoku must have been a significant place
for the people of old, yet for years, Uncle Gary states, that we called it Crater Hill. These places are
special and significant to the Hawaiian people, and the community, and during those years, there
were historical accounts of railroads being up on the slopes, cattle being raised up there, and the
flora and fauna trampled. And warehouses, dumped garages, things, a whole bunch of different
things, and he realizes that this kind of activity and building on the mountain is disrespectful. And
what needs to happen is a kuleana to restore the specialness of this place and restore of customer
practices is of utmost importance. To encourage on the transmission of mo’olelo, that was only
captured in the oratorios and the histories of Kupuna. They were never written, they were from,
they were, the Kilauea community knew they were important. They orally transmitted these things.
And our group is the one to carry on these traditions…
Ms. Higuchi Sayegusa: Three minutes, Chair.
Ms. Fu: And push this unwritten literature into the practices and customs of the future generations.
And so, we are here today, to oppose the permit and encourage you all to really dig deep into the
importance of this special cultural landscape and place for traditional customary and cultural
practices. Mahalo.
Mr. Gary Smith: Mahalo.
Ms. Fu: (Hawaiian Language) uncle taught us and other things so we just Mahalo, for your time,
and for hearing our concerns. Anything else uncle?
Mr. Gary Smith: Well, I'm of the neanderthal compared to these wonderful spokespersons for Kia`i
Kilauea. Well, I couldn't have left this kuleana in better hands. That was one of my concerns, how
do we carry on the kuleana after you work so hard on something to preserve a land and keep the
Hawaiian voice there? How do you perpetuate the kuleana? It's a, it's a hard task. It's a long, it's a
lifelong job. And I'm so glad you see today, what kind of leadership we have here is, it's awesome.
I'm in awe and just continually inspired by this group of young people. I'm the old guy was once
the young guy, who worked very hard and could accomplish things but.
Deputy County Attorney Laura Barzilai: Chair, pardon me. (Inaudible) unregistered speaker
Madame Chair.
Mr. Gary Smith: I'm still here on earth I want to be here a long time but (inaudible) this kuleana. I
can relax now. Mahalo for your time.
Chair Apisa: Gary, thank you.
16
Ms. Higuchi Sayegusa: Thank you, last registered speaker is Kapua Chandler. Whenever you're
ready you can unmute and put your video on.
Chair Apisa: After this speaker, we'll take a 10-minute break and then we'll resume.
Ms. Higuchi Sayegusa: Miss Chandler.
Ms. Kapua Chandler: Aloha. Can you folks hear me?
Ms. Higuchi Sayegusa: Yes.
Ms. Kapua Chandler: Kalamai. You just missed the bell, it's a nice song that they play over here in
Kilauea. Aloha, Honorable Planning Commissioners, Director, and Staff. I just first, want to
express my gratitude to all for taking time to make the hard decisions for the future of our county.
And I just really appreciate all the time and the work that you do for our island. My name is Kapua
of Chandler, and I am a lineal descendant of Kilauea and Kahili, lands that my kupuna are buried
on. And I'm testifying today, in opposition of the SMA permit and agenda item one. I recently
finished my doctorate in education. And I've since returned home to serve as an educator in our
community. This past summer we organized a summer program which took keiki who are
intergenerational connected to the ahupua’a of Kilauea through rigorous `aina based learning.
Majority of our ability to access `aina was granted by private landowners and rarely was `aina
publicly accessible for our youth. As a community member who has lived my entire life in Kilauea
see that the keiki of today, do not have the same types of access as I did grow up, witnessing the
layered barriers that we must go through in order to practice our customary rights and to educate
the future leaders of Kilauea and Kauai is distressing. I implore you to read critically the plans for
this 12,000 square foot development. Nihoku, or as we know it growing up Crater Hill, is a
Learning Center for the future generations of Kauai, and the approval of this permit would
permanently alter and desecrate this vital sacred educational space. Time and time again, we have
witnessed the unforeseen consequences of development and outright gating have such sacred sites.
I want to be a part of the solution and I believe you are all critical components, who are
determining the future for Kilauea, and Kilauea kids. I am concerned about the perpetual protection
of our `aina, while the immediate impact of your decisions today, are essential. I am most
concerned with a detrimental impact that we're burdening future generations with. While the Green
ohana is a contributing member to our community, the issue at hand is not the applicant. It is the
lasting impact of such an excessively large home carved into the side of the most sacred mountain
in Kilauea and Koo’lau, Nihoku. I believe this time to be an amazing opportunity for the Planning
Commission to do what is right for the place and set the standard for what it means to perpetually
protect `aina across generations. Protection today, looks like imposing requirements on size and
location. Please seize this opportunity and think innovatively and how we can move forward to
protect our `aina, not only for the cultural and educational practices of today, but also for the
unborn keiki who should always feel welcome to continue to practice our traditional and customary
rights at Nihoku. Mahalo nui and just really appreciate you folks taking the time to listen and hear
the concerns of my community. Aloha.
Ms. Higuchi Sayegusa: Thank you. That, that concludes the registered speakers that we have on
our list. Chair.
17
Chair Apisa: Oh, thank you very much. We will take a 10-minute recess, and I will be back at 10.
`Well, let's call it 10:10 will be back.
The Commission recessed this portion of the meeting at 9:59 a.m.
The Commission reconvened this portion of the meeting at 10:10 a.m.
Chair Apisa Called the meeting back to order after the recess.
Chair Apisa: Okay, we're ready to reconvene, and I would like to take a roll call. Be sure everyone
is so present.
Mr. Hull: Roll Call, Madam Chair. Commissioner Ako?
Mr. Ako: Here by myself.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Here by myself.
Mr. Hull: Commissioner Cox?
Ms. Cox: Here by myself.
Mr. Hull: Commissioner DeGracia?
Mr. DeGracia: Here by myself.
Mr. Hull: Commissioner Otsuka?
Ms. Otsuka: Here and I'm by myself.
Mr. Hull: Commissioner Streufert?
Ms. Nogami Streufert: Here by myself.
Mr. Hull: Chair Apisa?
Chair Apisa: Present by myself.
Mr. Hull: Motion passes. Madam Chair. Seven Present.
Continued Agency Hearing
SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1, CLASS IV ZONING
PERMIT 9Z-IV-2022-1, and USE PERMIT (U-2022-1) for the construction of a farm
dwelling unit, guest house, garage and associated site improvements with Lot 11-A of the
Seacliff Plantation Subdivision in Kilauea, involving a parcel situated approximately 1,000
feet west of the Pali Moana Place/Makana`ano Place intersection, further identified as Tax
18
Map Key: (4) 5-2-004:084 (Unit 1) affecting a portion of a larger parcel approximately 12.305
acres in size = Phillip J. & Linda M. Green, [Director’s report received, hearing deferred
9/14/2021].
i. Supplemental Director’s Report transmitting written testimony
ii. Petition for Intervention (received October 19, 2021) by Mehana Blaich Vaughn,
Nicole Hoku Cody, and Jessica AK Fu on behalf of Na Kia`i O Nihoku.
Mr. Hull: Next, is the Agency Hearing portion where the Commissioners received a petition for
intervention which needs to be reviewed prior to any further discussion or action on this particular
agenda item, being that intervention could lead to contest the case hearing. I'm going to step down
from clerking the meeting for this portion, and hand it over to the Chair and the County Attorney.
Thank you.
Chair Apisa: Thank you very much. I would like to ask the Department for a status report.
Madam Chair and members of the Commission, the Department did submit a supplemental.
Ms. Laura Barzilai: Pardon, pardon me clerk Hull. Madam Chair, I think, preferably if you could
please read into the record and notice for item F.1.a, before Director Hull gives his report.
Chair Apisa: Yes, thank you. Thank you, instead of Director Hull doing that. Continued is the
New Agency Hearing. Yeah, Amendment to Special Management Area Use Permit (SMA(U)-88-
10) Class IV Zoning Permits (Z-IV-88-39), Use Permit (U-88-31, and Special Permit (SP-88-6) to
allow construction of a paved parking lot containing approximately 90…
Ms. Laura Barzilai: Pardon me, Madame Chair, I'm so sorry. That would be F.1.a. that's page two
of the agenda under Continued Agency Hearing.
Chair Apisa: Yes, I'm sorry, I jumped ahead of myself on the agenda. Special Management Area
Use Permit (SMA(U-2022-1), Class IV Zoning Permits (Z-IV-2022-1), 2022 and Use Permit (U-
2022-1) for the construction of farm dwelling unit, guesthouse, garage, and associated site
improvements, Within Lot 11-A of the Seacliff Plantation Subdivision in Kilauea involving a
parcel situated approximately 1000 feet west of the Pali Moana Place Makana`ano Place
intersection, Further identified as Tax Map Key: (4) 5-2-004:084 (Unit 1) affecting a portion of a
larger parcel approximately 12.305 acres in size, applicant is Philip J. and Linda M. Green,
Directors Report was received, a hearing deferred on September, 14 2021. So, if this would be at
the time, I believe I would like to hear the Director’s Report if I mean, if that's available.
Mr. Hull: Chair, the Director’s Report, has been provided (inaudible) intervention first, but just as
an update as to where the Department is I guess before setting the parameters for intervention with
the county attorney, I can state, and perhaps both parties are agreement but defer to them, but the
Department, as was testified today, and, you know, at the original agency hearing a voluminous
amount of testimony came in from the public. In particular, there was a lot of testimony concerning
traditional customary practices. Now, the applicant did complete a traditional customer practice
analysis, through its own representative and outreach. But as agency hearings are essentially set up
is to gauge the members of the public, and people that access are frequent the area. For additional
information and like you saw, there was a lot of testimony that came in. So, based on that new that
testimony came in which, you know, went beyond I think, what beyond what the Department felt
19
was adequate in the original traditional customary practice analysis, made by an applicant. The
Department is currently and has embarked on outreach to cultural practitioners, those that testified
as well as others to update the traditional customary practice are some members of the public revert
to the Ka Pa `akai analysis, if you will, to determine impacts to traditional customer practices,
either that have occurred on the property or in the region. And we're about three quarters of the way
of reaching out to the members of the public that either testified or been identified as cultural
practitioners. And so, we haven't completed the report. We are in the process of doing it. We
intend to submit that report to you, which could also update and necessitate amending our
recommendation to the commission. We anticipate having that report. Within three to four weeks
no two to three weeks. But ultimately, as we process this report, we're asking for the commission to
defer both the overall agenda item for their review the application, as well as the petition for
intervention in the that perhaps after we come out with our report, it will provide a, an area that the
two parties may come into common ground or consensus around, and if not, you know, the
intervention that can be reviewed and then we may end up and contest the hearing. But right now,
if we wanted a contested case hearing today, this would put a 1–3-year timeline on the review of
this with, with a hearings officer and somewhat perhaps avoid that. We're asking for a month or a
deferral to December 14.
Chair Apisa: Thank you very much for the status report. In order to achieve the deferral to
December 14. I would ask the following questions of the applicant. I believe today, represented by
Timothy Irons from the law firm, and the petitioner Mehana Vaughan representing Na Kia`i O
Nihoku. So, of the applicant on Mr. and Mrs. Green in care of Mr. Irons. Does your client confirm
that they continue to waive the timelines under CZO Section 8- 3.1 F., as confirmed by Mr. Jung at
the September 14th, meeting, to allow for the Department to complete its recommendations?
Mr. Tim Irons: Thank you, Chairperson and Commissioners, my name is Tim Irons from Dentons,
representing the appellant’s the Green’s. We, we don’t have a problem with the Planning
Department, finishing up their Ka Pa `akai analysis, we understand that because of the
Thanksgiving holiday that December 14th is the next available hearing. So, we are not objecting to
the continuance of the agency hearing until that date. We do have a general objection to the delay
that has taken place so far. But we understand that it's important for Planning Department to finish
its analysis. On the intervention, we will be filing a formal objection, or opposition today, so, we
would just request that the decision on intervention be continued from today, if it occurred between
now and December 14, that's up to the commission. I have other points, I'd like to raise with regard
to the application, if I may do so either now or at a later point.
Ms. Barzilai: Madam Chair, since I believe there, its Laura County Attorney's Office. Since we're
moving toward deferral, I don't think it would be appropriate to take any more information on the
application at this time. I'm not sure if you would like to proceed toward a deferral, Madam Chair,
I'll let you decide.
Chair Apisa: I would like to ask the petitioner to intervene, Ms. Mehana Vaughan or another
representative of the Nihoku group. Do you agree to defer the Commission's consideration of your
petition to intervene to the December 14, Commission Meeting?
Ms. Daylin Rose Heather: Hello, I'm Dalian Rose Heather, I’m with the Native Hawaiian Legal
Corporation. I am here making a special appearance for Na Kia`i O Nihoku. We would agree to
20
defer consideration of the petition until the December 14, Meeting and just command the
Commission and particularly Director Hull for your consideration and your, your care in making
sure that the Constitutional protections for Native Hawaiian rights, and other environmental
considerations are taken into account before moving on the project. Thank you very much.
Chair Apisa: Thank you both very much. So, at this time, I'd like to ask the commissioners, if they
have any additional questions at this time, regarding the deferral to December 14. Hearing none, I
would ask for motion to defer the continued agency hearing to December 14, 2021, Planning
Commission meeting.
Ms. Cox: I am moves that we defer the hearings, the agency continued agency hearing and the
intervention until the December 14, meeting.
Ms. Nogami Streufert: Second.
Chair Apisa: We have a motion on the floor with a second is there any further discussion on the
matter? Hearing none. I would like to take a roll call vote.
Ms. Barzilai: Madam Chair, I can do the roll.
Chair Apisa: Thank you.
Ms. Barzilai: Commissioner Ako.
Mr. Ako: Aye.
Ms. Barzilai: Commissioner Chiba.
Mr. Chiba: Aye.
Ms. Barzilai: Commissioner Cox.
Ms. Cox: Aye.
Ms. Barzilai: Commissioner DeGracia.
Mr. DeGracia: Aye.
Ms. Barzilai: Commissioner Otsuka.
Ms. Otsuka: Aye.
Ms. Barzilai: Commissioner Streufert.
Ms. Nogami Streufert: Aye.
Ms. Barzilai: Chair Apisa.
21
Chair Apisa: Aye.
Ms. Barzilai: Motion Carried 7:0.
Chair Apisa: Thank you very much on the matter is deferred to December 14, 2021.
New Agency Hearing
AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-88-10,
CLASS IV ZONING PERMIT (Z-IV-88-39), USE PERMIT (U-88-31), and SPECIAL
PERMIT (SP-88-6) to allow construction of a paved parking lot containing approximately 90
off-street parking stalls, landscaping, and related improvements on a parcel situated on the
mauka side of Po`ipu Road, situated directly across the Grand Hyatt Kauai Resort & Spa,
affecting a portion of the Po’ipu Bay Golf course further identified as Tax Map Key: 2-9-
001:007, and affecting an area approx. 1.3 acres in size = Kawailoa Development LLP.
Chair Apisa: Moving on our agenda, would be the New Agency Hearing.
Mr. Hull: I’ll take over. Moving on to Agenda Item F.2, New Agency Hearing Amendment to
Special Management Area Use Permit (SMA(U)-88-10, Class IV Zoning Permit (Z-IV-88-39), Use
Permit (U-88-31), and Special Permit (SP-88-6) to allow construction of a paved parking lot
containing approximately 90 off-street parking stalls, landscaping, and related improvements on a
parcel situated on the mauka side of Po`ipu Road, situated directly across the Grand Hyatt Kauai
Resort & Spa, affecting a portion of the Po’ipu Bay Golf course further identified as Tax Map Key:
2-9-001:007, and affecting an area approx. 1.3 acres in size, Kawailoa Development, LLP is the
applicant. We have received two pieces of written testimony and no further oral testimony. At this
time, the Department would recommend closing the Agency Hearing.
Chair Apisa: Do we have a motion to close this Agency Hearing?
Ms. Nogami Streufert: I move to close the Agency Hearing.
Ms. Cox: I second.
Chair Apisa: Any discussion? All in favor say, aye. Again, Kaaina, I would like to take a roll call,
please.
Mr. Hull: Definitely. Roll Call, Madam Chair. Commissioner Ako?
Mr. Ako: Aye.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Commissioner Cox?
Ms. Cox: Aye.
22
Mr. Hull: Commissioner DeGracia?
Mr. DeGracia: Aye.
Mr. Hull: Commissioner Otsuka?
Ms. Otsuka: Aye.
Mr. Hull: Commissioner Streufert?
Ms. Nogami Streufert: Aye.
Mr. Hull: Chair Apisa?
Chair Apisa: Aye.
Mr. Hull: Motion passes. Madam Chair. Motion Carried 7:0.
Chair Apisa announced that the Agency Hearing in closed.
Mr. Hull: Okay, moving on from the Agency Hearing to the actual review of the application.
I'll turn this portion over to Dale Cua who was the planner assigned to this for the Directors Report.
Hold on one second. Let's see if we find Dale, he should be on. Polycom as we're having a bit of a
technical issue could we take a five-minute recess?
Chair Apisa: Certainly, we will be back at 1030.
The Commission recessed this portion of the meeting at 10:25 a.m.
The Commission reconvened this portion of the meeting at 10:30 a.m.
Chair Apisa Called the meeting back to order after the recess.
Chair Apisa: I call the meeting back to session and do a roll call, please.
Mr. Hull: Roll Call, Madam Chair. Commissioner Ako?
Mr. Ako: Here by myself.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Here by myself.
Mr. Hull: Commissioner Cox?
Ms. Cox: Here by myself.
Mr. Hull: Commissioner DeGracia?
23
Mr. DeGracia: Here by myself.
Mr. Hull: Commissioner Otsuka?
Ms. Otsuka: Here and I'm by myself.
Mr. Hull: Commissioner Streufert?
Ms. Nogami Streufert: Here by myself.
Mr. Hull: Chair Apisa?
Chair Apisa: Here and by myself. Thank you.
Mr. Hull: Motion passes. Madam Chair. Seven Present.
AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-88-10,
CLASS IV ZONING PERMIT (Z-IV-88-39), USE PERMIT (U-88-31), and SPECIAL
PERMIT (SP-88-6) to allow construction of a paved parking lot containing approximately 90
off-street parking stalls, landscaping, and related improvements on a parcel situated on the
mauka side of Po`ipu Road, situated directly across the Grand Hyatt Kauai Resort & Spa,
affecting a portion of the Po’ipu Bay Golf course further identified as Tax Map Key: 2-9-
001:007, and affecting an area approx. 1.3 acres in size = Kawailoa Development LLP.
Mr. Hull: I’ll read the item back into the record, Madame Chair, we are on New Business for Special
Management Area Use Permit (SMA(U)-88-10, Class IV Zoning Permit (Z-IV-88-39), Use Permit
(U-88-31), and Special Permit (SP-88-6) to allow construction of a paved parking lot containing
approximately 90 off-street parking stalls, landscaping, and related improvements on a parcel
situated on the mauka side of Po`ipu Road, situated directly across the Grand Hyatt Kauai Resort &
Spa, affecting a portion of the Po’ipu Bay Golf course further identified as Tax Map Key: 2-9-
001:007, and affecting an area approx. 1.3 acres in size, Kawailoa Development, LLP is the
applicant. and I'll turn it over to deal for the directors of the things.
Staff Planner Dale Cua: Good morning. Madame Chair and Members of the Planning Commission.
At this time, I would like to highlight in summarize portions of the Director’s Report, if you're okay
with that.
Mr. Cua read the Summary, Project Data, Project Description and Use, Additional Findings,
Preliminary Evaluation, and Preliminary Conclusion sections of the Director’s Report for
the record (on file with the Planning Department).
Mr. Cua: Agency comments are attached to the report, and at this time, that concludes the
Department Director’s report and findings.
Chair Apisa: Thank you very much. Is there a representative here for the applicant Kawailoa
Development LLP?
Mr. Johnathan Chun: Yes, the morning, members of the Commission and Chair. Jonathan Chun,
on behalf of Kawailoa Development LLP. Also, present with me on the video is Toshiaki Shindo
24
and Dennis Chan, along with our consultant Cary Kondo from (inaudible). We’ve reviewed the
Directors Reports and we do not have any corrections or comments to it. We do agree with all the
Conditions contained in the report. We just want to know that the Conditions they are requiring or
the request that the berm that we already have designed for the parking lot be raised from 3 feet to
4 feet, we do understand the basis for that the CZO does require (inaudible) for up to 4 feet, that can
be done. Landscaping will always be included on top of the room anyway so, there will be
substantially more buffering of the parking lot from the public road then just the 4 feet, we already
have planned landscaping significant landscape on top of the berm. So, but we do understand the
initial reasoning of raising the berm of 4 feet, that would at least ensure that even if there is no
landscaping is done, you’ll have at least 4 feet. So, that's not an issue with us.
Chair Apisa: Thank you very much. Commissioners, do you have any questions for the applicant?
Ms. Otsuka: I do. Good morning. I was wondering, would there be sufficient lighting, walking
from the hotel to the parking lot.
Mr. Chun: I’m not sure. I'll turn this question to Mr. Kondo our consultant who might be more
familiar with the existing lighting a long Po`ipu Road. I think there are some but I'm not sure. Cary,
can you answer that question?
Mr. Cary Kondo: The project doesn't include any additional lighting a long Po`ipu Road, I believe
Po`ipu Road is lighted, and there is adequate lighting, but at this time, there's no additional lighting,
being added along Po`ipu Road.
Ms. Otsuka: I haven't gone there in a while or at night in a while, so I wasn't sure if there was any
lighting at all. So, thank you.
Mr. Chun: So, if I may, Commissioner Otsuka, there are, I am on the internet right now, but
according to Google Earth right now, I'm looking at the picture there is light poles right there are
light poles directly across the main entrance, where the entrance to where the parking lots will be.
I'm seeing that, and looks like 100 feet, there's another one further east of that. And also, there is
another light pole, basically, across the intersecting road of Po`ipu Road, which is another 100 feet,
west. I think there's about three light poles in the area, but from where the parking lots going to be
there is one, I see one, two, light poles already existing along the road. I’m trying to move by
Google Earth picture around the bend to see there's more leading from the bend, oh yes, there are
more light poles around the bend. They go towards the, if you recall the main banquet entrance to
the hotel, the main lobby entrance, they're light, there's another two light poles further down. So, it
looks like every 100 feet, there are light poles along the road, along Po`ipu Road.
Ms. Otsuka: Okay, thank you, Jonathan. Appreciate it.
Mr. Chun: No, thank Google Earth. Good question.
Ms. Nogami Streufert: Jonathan. This is Glenda Streufert. Is there a crosswalk or is this going to
be only for valet parking?
Mr. Chun: There is no crosswalk. We can request Public Works. If they would want to include a
crosswalk there and it is a county road. But I think that would be a good question, we don't control
the public world. There it is, is not only (inaudible) not valet parking.
25
Ms. Nogami Streufert: Okay, just because of the safety around there. When people go to banquets,
they may have had something to drink, and you want to be. You've got some crosswalk that they
can walk over. Okay, thank you.
Mr. Chun: I think that’s an excellent question and I think that’s good communication, we send to
Public Works, maybe requesting a crosswalk at either the main entrance or the secondary entrance.
Because there are sidewalks along the on the Hyatt side, on the hotel side of Po`ipu Road there are
sidewalks, which we hope people will stay on.
Ms. Nogami Streufert: But they still cross to stay on.
Mr. Chun: Your correct, they should stay on so I think that's a proper question for Public Works so
we know whether they can add in a crosswalk.
Ms. Nogami Streufert: Thank you.
Mr. Ako: Madame Chair, I’ve got a question. I think we just received some testimony from some
of the residents that are living very close by to the parking lot, and I know, Johnathan, that you have
addressed a lot of these questions within your application itself. I was wondering whether we could
go to some of the questions that this resident had?
Mr. Chun: Sure, Commissioner Ako.
Mr. Ako: I think one was what is going to be the use of the proposed parking lot, is it going to be
for like public parking or is it going to be for hired employees parking lot?
Mr. Chun: I can answer some of that and Mr. Chen or Mr. Toshiaki Shindo can highlight some of
that, but it is for both public and employees. Mr. Chen or Mr. Shindo, do you want to add in more
about that? I don't think we broke down the number there 90 stalls all together, which is a significant
amount under the prior permits the Commission requested 40, so we're more than doubling the
number of stalls, that under prior permits were requested.
Mr. Ako: Yeah. So right now, I think, pretty much the intention of the building of the parking lot
is because there is an overflow already of parking, usually during events, as well as for employees?
Mr. Chun: That's what we have found during events parking in the past pre-Covid. You would see
not only employees, but you know event participants parking along the side of the Po`ipu Road.
I've done it myself; I have to admit I've done it myself. When I attended some events at the Point at
the Hyatt, and there were not enough parking spaces in the parking lot. I had parked along the
southern road. So, I think this will address the concerns of that in terms of allowing whoever needs
to park the overflow would be accommodated by that overflow parking lot the 90 stalls.
Mr. Ako: It’s unlikely that this building of this parking structure will bring in additional cars that
are already there, and it's just workflow.
Mr. Chun: Correct. It’s not design for it to, the only increase if potential parking was, as the
commission previously, about six months ago, approved additional two hotel units for the hotel, but
as it was presented by the hotel at that time, that would result in only 1.5 additional cars so. This is
not intended to take care of any over, additional development but just to make sure that the overflow
that is currently existed pre-Covid can be handled adequately.
26
Mr. Ako: About how long would the construction process be?
Mr. Chun: Mr. Kondo, could you answer that question, please.
Mr. Cary Kondo: Yeah.
Mr. Ako: And I think part of the reason for that question was because of the fact that, you know,
the noise that comes up in constructing that goes on so they kind of want to you know put on longer
construction, lasts.
Chair Apisa: And then I would just ask that you put your video and your mic on when you speak,
please.
Mr. Kondo: Sorry. Okay, what was the question, oh construction. Yes, construction estimated to
take between 9 to 12 months. Once construction gets started.
Mr. Ako: (Inaudible) which make the noise level to be higher than usual I guess or is just comes
with the natural world of construction, putting up a parking lot?
Mr. Kondo: During construction?
Mr. Ako: Yes.
Mr. Kondo: Yeah, of course during construction there would be additional noise levels during
construction, but once the construction is completed, then the noise level would be back to normal.
Mr. Ako: Think another concern that was mentioned was the fact, that right now this resident I
guess, lives behind the current employee’s employee parking lot, there's a light that's coming into
their resident there. Has a certain type of lights have been selected already for new parking lot?
Mr. Kondo: Well, the drawings indicate that we have the light post, I believe the light post are 17
foot tall, but the top of the fixtures, then downward. So, the light fixture is facing down. So, I believe
the bottom of the fixture is 14 feet above the ground and it is facing down.
Mr. Ako: And another question was in terms of property value with all the concerns that have
come out, will this affect their property values of the residents surrounding vicinity so far?
Mr. Kondo: Well, yeah, I can't see if it's going to affect the property values of the neighboring
properties, but the main, I think the goals of the parking lot, is to improved appearance of Po`ipu
Road because currently all of the cars parked along the crash shoulder on the mauka side of the
road, and it does pose area visually, not very pleasant appearance, and it also, because the park
haphazardly, they're not parallel park or perpendicular Park. So, it is also safety, a safety concern.
So, with the, with the construction of the parking lot, those vehicles would then be in the off-street
parking and improving the visual appearance of Po`ipu Road.
Mr. Ako: I guess my final question would be I guess to planner Mr. Cua. Whether you had anything
that was contrary significantly contrary to what was just presented here, these questions?
Mr. Cua: No, none whatsoever.
27
Mr. Ako: I thank you. Thank you, Madam Chair.
Mr. Chun: Madam Chair, if I may add to some of the comments by Mr. Kondo.
Chair Apisa: Yes, please.
Mr. Chun: Yeah, good questions, Commissioner Ako. Those are some of the questions that I take
in the various number of comments from neighboring landowners before the meeting, and those are
some of the comments that I got, especially in regard to the lighting. And what I pointed out and
Mr. Kondo can confirm that with the lights for the height of a light pole and the light at the end of
the project, and upon the maturity of the landscaping, more than likely the lights itself will be also
shielded by the landscaping. As pointed out, especially now, with the permit 4 feet by one of the
plants that will be trees or will be planting along that will be Kou and looking at the at the
specification for the Kou tree, that tree can grow anywhere between one, when mature between 10
to 12 feet. So, adding that the height, along with the canopy of the tree around that time, you look
at about 16 to 17 feet, total maturity, a height of maturity of the tree. The light poles are going to
be within under that canopy light itself, which I would say, as point of what Mr. Ako brought up.
So that's one thing I was highlighting or these mentioning to some of the landowners, that apart
maturity of the trees and landscaping. The lights from the parking lot, not the streetlights of course
but the lights in the parking lot, will at least be partially shielded by the landscaping primary by the
larger tree the Kou tree that will be grown on top of the landscaping.
Mr. Ako: Thank you.
Chair Apisa: Jonathan, what type of tree, are you saying, is it Koa?
Mr. Chun: It was called Kou.
Chair Apisa: Okay. Kou, Thank you.
Mr. Chun: I'm not a landscape expert, but thanks, again to the internet I looked it up on Google for
my favorite thing, and it was given that kind of specification in terms of upon maturity.
Chair Apisa: Any further questions from the Commissioners of either the applicant or the planner?
Hearing none, Glenda Are you have something. Are you ready to make a motion?
Ms. Nogami-Streufert: I was just going to make one, I moved to approve Special Management Area
Use Permit (SMA(U) 88-10, Class IV Zoning Permits Z-IV- 88-39, Use Permit (U-88-31), and
Special Permit (SP- 88-6).
Ms. Otsuka: I second.
Chair Apisa: motion on the floor to approve. Any further discussion. Hearing none. I would like to
call for a voice vote.
Mr. Hull: Roll Call, Madam Chair. Commissioner Ako?
Mr. Ako: Aye.
28
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Commissioner Cox?
Ms. Cox: Aye.
Mr. Hull: Commissioner DeGracia?
Mr. DeGracia: Aye.
Mr. Hull: Commissioner Otsuka?
Ms. Otsuka: Aye.
Mr. Hull: Commissioner Streufert?
Ms. Nogami Streufert: Aye.
Mr. Hull: Chair Apisa?
Chair Apisa: Aye.
Mr. Hull: Motion passes. Madam Chair. Motion Carried 7:0.
Mr. Chun: Thank you, Madam Chair and Members of the Commission.
Chair Apisa: Thank you.
Continued Public Hearing
Mr. Hull: There is no Continued Public Hearing
New Public Hearing
Mr. Hull: There is no New Public Hearing
All remaining public testimony pursuant to HRS 92 (Sunshine Law)
CONSENT CALENDAR
Status Reports
Mr. Hull: Moving on, we don't have no agenda items for consent calendar.
Director’s Report for Project Scheduled for Agency Hearing
29
Executive Session
Mr. Hull: There is no need for Executive session.
GENERAL BUSINESS MATTERS.
COMMUNICATION.
COMMITTEE REPORTS.
Subdivision
Mr. Hull: Moving on to Subdivision Committee Report, I'll turn it over to Subdivision Committee
Chair DeGracia for some Subdivision Committee Report.
Mr. DeGracia: Good morning. Today’s Subdivision Committee Meeting in attendance was me,
Commissioner Ako and Commissioner Chiba. There were two items. First, was an extension
requests for subdivision application No. S-99-49 Kulana Association of Apartment Owners, Kulana
subdivision, which was approved. There was also a Tentative Subdivision Map Approval for a
subdivision application No. S-2022-1, Inouye Family Trust, et. al., proposed to Lot boundary
adjustment, and that was also approved, and that concludes my report.
Chair Apisa: Thank you.
Ms. Cox: I'm going to take this item. Since Donna, Chairperson has to recuse herself.
Chair Apisa: Yes, I would like to recuse myself just so I am involved with the Kulana Subdivision.
Thank you.
Chair Apisa recused herself from the meeting at 10:54 a.m.
Ms. Cox: Thank you, Donna. I'm happy to entertain a motion unless there are questions to approve
the committee's report.
Ms. Nogami Streufert: I moved to approve the Subcommittee Report.
Ms. Otsuka: I second.
Ms. Cox: Should we do a roll call, Kaaina?
Mr. Hull: Roll call, Madam Chair.
Mr. Ako: Aye.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Commissioner DeGracia?
30
Mr. DeGracia: Aye.
Mr. Hull: Commissioner Otsuka?
Ms. Otsuka: Aye.
Mr. Hull: Commissioner Streufert?
Ms. Nogami Streufert: Aye.
Mr. Hull: Chair Cox?
Ms. Cox: Aye.
Mr. Hull: Motion passes. Madam Chair. Motion Carried 6:0.
NEW BUSINESS.
Mr. Hull: Moving on, we have no New Business.
Chair Apisa returned to the meeting at 10:56 a.m.
ANNOUNCEMENTS
Topics for Future Meetings
The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter on November 9, 2021. The Planning Commission anticipates meeting via teleconference but will announce its intended meeting method via agenda electronically posted at least six days prior to the meeting date.
Mr. Hull: Moving on to Item N., Announcements, topics for future meetings, coming up in the
upcoming November meeting the second Tuesday, November, which is November 9th., there are
just two agenda items one is a single-family residence and an SMA permit. The other is a draft
ordinance concerning CCNR’S, ARU’S guest houses, and ADU’s in their regulations within CCR’s
private covenants that was referred to us from the County Council so that that agenda doesn't look
too heavy. The second meeting in November, due to Thanksgiving Holiday, there is no second
meeting, and rounding out the last meeting of the year, December 14, we have the Princeville
glamping application with the Princeville Applications for developed campgrounds, as well as the
application for the Green’s will be returning to you folks. So, these are our two agenda items that
have generally come with a consistent amount of testimony and input. So, anticipate a fairly long
commission meeting, Commissioner. Sorry, we thought we could have a light load for the holidays
but it just not going to be the case. With that, we don’t have anything else, if there is anything that
the Chair or anyone else would like us to look at agendizing beyond application or permit reviews,
please let us know.
Chair Apisa: I don’t have anything to add, does any of the commissioners have anything to add?
31
ADJOURNMENT
Chair Apisa: Hearing none. I entertain a motion to adjourn.
Ms. Otsuka: I move to adjourn.
Ms. Nogami-Streufert: Second.
Chair Apisa: All those in favor say aye? Aye. I think we can do a voice call on this (Unanimous
voice vote). Meeting is adjourned. Motion Carried. 7:0. Thank you. I will see you all on November
9th.
Chair Apisa: adjourned the meeting at 10:57 a.m.
Respectfully submitted by:
Arleen Kuwamura,
Commission Support Clerk
( ) Approved as circulated (add date of meeting approval).
( ) Approved as amended. See minutes of meeting.
ORDINANCE N0.B1LLNO.
A BILL FOR AN ORDINANCE TO AMEND CHAPTER 1 IA,
KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING TO ALL HAZARD
STATEWIDE OUTDOOR WARNING SIREN SYSTEM.
SECTION 1.Finding and Purpose.The Council finds that All Hazard Statewide Outdoor
Waming Siren Systems are intended to act as an outdoor alerting method for people and
communities ofupcoming hazard events on or nearby coastal areas who may not otherwise have
access to other alerting methods via radio.Expediting the regulatory review ofthese systems is
necessary for the health,safety,and welfare ofthose living or frequenting these coastal areas.
SECTION 2.Sec.8-1.4 Application of Regulations,Kaua'i County Code 1987,as amended is
hereby amended by amending section (e)to read as follows:
(a)For the purposes ofthis Chapter,the County ofKaua'i shall include the districts of
Waimea,Koloa,LThu'e,Kawaihau and Hanalei as described in Sec.4-1(4),H.R.S.
(b)Unless otherwise expressly prohibited by law,the provisions ofthis Chapter shall
apply to all areas within the County boundaries.
(c)In administering and applying the provisions ofthis Chapter,unless otherwise stated,
they shall be held to be the minimum requirements necessary to accomplish the
purpose ofthis Chapter.
(d)For parcels containing multiple zoning designations,each designation shall be
considered individually in applying the standards ofthis Chapter,with the exception
that any lot or parcel located in the State Land Use Commission Agricultural District
and containing fifty (50)acres or more in the County Open District shall be considered
together with the County Agriculture District for the purpose ofdetennining parcel
acreage to apply subdivision standards.
(e)Nothing in this Chapter shall regulate the placement,design and construction ofthe
Hawai'i Emergency Management Agencv Managed (HIEMA)All Hazard Statewide
Outdoor Wamine Siren Svstems;or utility poles,towers,and transmission lines by a public
utility company as defined in Sec.269-1,H.R.S.,provided,that the siren systems,poles;
and towers shall be no higher than twenty (20)feet above the height limits for structures
applicable in the Use District in which the poles and towers are constmcted.
(f)Nothing in this Chapter shall regulate the minimum size oflots in a subdivision which
are to be used for govemment or public utility facilities.The creation ofsuch lots shall be in
compliance with the provisions ofChapter 9,County Subdivision Ordinance,ofthe Code.
(g)Nothing in this Chapter shall prohibit the use of factory built housing or trailer homes
as permitted dwellings,buildings or structures for the purpose ofhuman habitation or
f:4.^
MAR O 8 2022
occupancy within the various Use Districts provided that all such factory built housing and
trailer homes must first:
(1)Meet all applicable development standards,density limitation and other such
requirements for the particular Use District;
(2)Be permanently affixed to the ground;
(3)Have had their wheels and axles,ifany,removed;
(4)Iflicensed pursuant to Hawai'i Revised Statutes Chapter 249,have been
registered as a stored vehicle in accordance with Hawai'i Revised Statutes Sec.249-5;
(5)Meet the standards and requirements contained in Sec.12-4.4 ofChapter 12,
Building Code;and
(6)Meet all other applicable govemmental rules,regulations,ordinances,statutes
and laws.
(h)Recreational trailers may be used as temporary dwellings for travel,recreational or
vacation purposes in accordance with Chapter 16 (Recreational Trailer Camps)ofTitle 11,
Administrative Rules,Department ofHealth,State ofHawai'i,or any other State or County
laws,ordinances or rules relating to the use ofpublic or private lands,parks or camp
grounds for camping or recreational purposes.Except as provided herein,no recreational
trailer shall be used as a dwelling or building for the purpose ofhuman habitation or
occupancy.(Ord.No.935,November 14,2012)
Ka'aina S.Hull
Director of Planning
COUNTY OF KAUA'I
PLANNING DEPARTMENT
Jodi A.Higuchi Sayegusa
Deputy Director of Plannmg
I.SUMMARY
Action Required by
PIanning Commission:
Permit Application No.
Name ofApplicant(s):
DIRECTOR'S REPORT
Consideration for an Ordinance to amend Chapter 8,Kaua'i
County Code,as amended,relating to All Hazard Statewide
Outdoor Waming Siren Systems
Zoning Amendment ZA-2022-2
COUNTY OF KAUA'I,PLANNING DEPARTMENT
II.PERMIT INFORMATION
III.LEGAL REQUIREMENTS
4F.H.O-*
MAR O 8 2022
v:\2022 master files\amendments\zoning\2a-2022-2\correspondence\report-l 2,17.22_za-2022-2 all hazard statewide outdoor warning siren
systems.docx
AMENDMENTS
K\Zoning Amendment Pursuant to KCC Section 8-3.4(a),as amended,a Zoning
Amendment is necessary because it involves the changing
of legislation text whenever the public necessity and
convenience and the general welfare require an amendment.
General Plan Amendment
Community Plan
Amendment
I1 State Land Use District
Amendment
KCC Section 8-3.4
Public Hearing
Date:
MARCH 8,2022
Date of
Publication:
Febmary 4,2022
Date of
Director's
Report:
Febmary 17,2021
IV.DESCRIPTION OF THE AMENDMENT
The proposed legislation amends Section 8-1.4(e)of the Comprehensive Zoning
Ordinance,entitled "Applications of Regulations".To date,Section 8-1.4(e)does not
specify that A1I Hazard Statewide Outdoor Waming Siren Systems are exempt from Kaua'i
County zoning permitting requirements.The proposal is to amend Section 8-1.4(e)of the
Kauai County Code to read:
(e)Nothing in this Chapter shall regulate the placement,design and
constmction ofthe Hawai'iEmergency Manaeement Agency
Managed (HIEMA)All Hazard Statewide Outdoor Waming Siren
Svstems;or utility poles,towers,and transmission lines by a public
utility company as defined in Sec.269-1,H.R.S.,provided,that the
siren svstems,poles;and towers shall be no higher than twenty (20)
feet above the height limits for structures applicable in the Use District
in which the poles and towers are constructed.
Note:Ordinance material to be repealed is bracketed,and new ordinance material is shown
underscored (refer to Exhibit 'A'for reference and complete ordinance).
V.AMENDMENT JUSTIFICATION
All Hazard Statewide Outdoor Waming Siren Systems are intended to act as an outdoor
alerting method for people and communities of upcoming hazard events on or nearby
coastal areas who may not otherwise have access to other alerting methods via radio.
County permitting for these structures within coastal areas require Special Management
Area permits as well as shoreline variances which could lead an extensive process which
includes Environmental Assessment (EA)and Kaua'i Planning Commission approvals.
Expediting the regulatory review of these systems is necessary for the health,safety,and
welfare of those living or frequenting these coastal areas.
VI.AGENCY COMMENTS
See attached Exhibit A.
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)of the KCC,as
amended,relating to the consideration of a proposed amendment and it reads:
"(d)Consideration.In considering an amendment,the Planning
2 IPage
ZA-2022-2 All Hazard Outdoor Waming Siren Systems,Director's Report
County of Kaua'i,PIanning Department
February 17.2022
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."
The proposed legislation will promote the public necessity,convenience,
general safety and welfare by facilitating the permit process for the installation
ofAll Hazard Statewide Outdoor Waming Siren Systems.
2.General Plan
The proposed bill is in alignment with the following goals and policies of the
General Plan,which emphasizes the protection and preservation of Kaua'i's
natural beauty:
A.Section 1.3,entitled "Visions and Goals"
1)Goal #3:"A Healthy and Resilient People"-Hazards resiliency is built
on coordination among the community,all levels of govemment and
private sector to mitigate against,prepare for,respond to,and recover
from natural disasters,act ofterrorism,and other threats and hazards.
The placement ofAll Hazard Statewide Outdoor Waming Siren Systems
is important to wam the community in areas where access to other
alerting methods such as radio signals and intemet devices may not be
accessible.
B.Section 1.4,entitled "Policies to Guide Growth"
1)Policy #5:"Make Strategic Infrastructure Investments"-
Infrastmcture placement for hazard resiliency such as All Hazard
Statewide Outdoor Waming Siren Systems is critical in addressing the
first response efforts to alert the community of natural disasters and
other hazards.
2)Policy #14:"Prepare for Climate Change"-Climate change and
resulting sea level rise are evidenced and documented on a global,
national,as well as local levels.To prepare for such events,streamlining
the County Permit Process to allow All Hazard Statewide Outdoor
Waming Siren Systems to be permitted in generally coastal high hazards
areas assists in preparing for increased coastal hazards due to climate
change and sea level rise.
VIII.PRELIMINARY CONCLUSION
Based on the foregoing findings and evaluation,it is concluded that the proposal is
reasonable and appropriate.
ZA-2022-2 All Hazard Outdoor Waming Siren Systems.Director's R.eport
County ofKaua'i,Planning Department
Febniary 17.2022
3|Page
IX.PRELIMINARY RECOMMENDATION
Based on the foregoing evaluation and conclusion,it is recommended that the subject
request to amend Section 8-1.4(e)ofthe Kaua'i County Code (1987),as amended,be
TENTATIVELY APPROVED and DEFERRED pending funher analysis with
community groups and govemment agencies.
By
Romio Idica
PIanner
Approved &Recommended to Commission:
KA'AINA S.HULL
Director of Planning
Date:
<^-/'^'2^2.1-
ZA-2022-2 All Hazard Outdoor Waming Siren Systems,Director's Report
County of Kaua'i,Planning Department
February 17,2022
4 |Pag e
EXHIBIT"A"
(Agency Comments)
For reference
cow'y 1'",Ar.M
'22 M 2fi "1 :/;y
RECEIVED
COUNTYOFKAUA-I
PLANNING DEPARTMENT
A I...'i ><i,11-i-'')444 Rl(^E STREET,SU1TE A473 LIHU'E,HAWAI'I 96766'~f'":<'u •lcr1'
(808)241-4050
JAN 2 o 'a'a
CountyofKaiiai
Transportation Agency
FROM:Kaaina S.Hull,Director (Romio)1/19/2022
SUBJECT:
TO:
ZoningAmehdinentZA-2022-2?
Cok,Planning Department,Applicant
FOR YOUR COMMENTS (pertaining to your department):
CTTPI \^l,^>o ^n.Txi'^.C»i^i^E^»-t ohi Tivt^|>A.WVEV-•
'XH^^^S
'ifif^-
This matter js scheduled for a public hearing before the County of Kauai Planniiig Commis.sion oil
3/8/2022 at the Lihue Civic Center.Moikeha Building,Meeting Room 2A-2B,4444 Rice Streel,
Lihiie,Kaiiai,at 9:00 am or soon thereafler.If we do not receive your agency comments within one (1 )
inoilth t'rom [he date of this reqtiesl,we will assume that Ihere are no objectioiis to this permil request.
Mahalo!
s Department ofTransportation -STP DPW-EngineeringsDOT-Highway,Kauai(info only)
~s
DPW-WastewatersDOT-Airports,Kauai (info only)
"u
DPW-Building"D'
DOT-Harbors,Kauai (info only)s DPW-SolidWaste~w
State Department of Health s Department of Parks &Recreation
E State Department of Agriculture
'w
Fire-Department
E State Office of Planning ^T County Housing-AgencysStateDept,ofBus.&Econ.Dev.Tourism
~n
County Economic Development
E State Land Use Commission s KHPRCsStateHistoricPreservationDivision
~w_
Water Department"u
DLNR-Land Management TT Kaua'i Civii DefensesDLNR-Foresty &Wildlife
~a~
U.S.Postal DepartmentsDLNR-Aquatic Resources s UH_Sea_OrantsDLNR-OCCL s Coun6'BJ^aiji8jBOi;t^ifln,Agency^~a-
Other:
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)1/19/2022
SUBJECT:Zoning Amendment ZA-2022-2,/
Cok,Planning Department,Applicant
TO:
FOR YOUR COMMENTS (penaining to your department):
No comments or concerns from fire
This matter is scheduled for a public hearing before the County of Kauai Planning Commission on
3/8/2022 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!
~D_
Department of Transportation -STP
~w
DPW-Engineering~D'
DOT-Highway,Kauai(info only)s-DPW-WastewatersDOT-Airports,Kauai (info only)3~DPW-BuildingsDOT-Harbors,Kauai (info only)
"a'
DPW-SolidWastewStateDepartmentofHealth
~D
Department of Parks &Recreation"a'
State Department of Agriculture s Fire-Department-D;
State Office of Planning County Housing-Agency-D'
State Dept.of Bus.&Econ.Dev.Tourism
-D-
County Economic DevelopmentsStateLandUseCommissionKHPRC
State Historic Preservation Division x Water Department"D'
DLNR-Land Management
~D~
Kaua'i Civil Defense
E DLNR-Foresty &Wildlife 3 U.S.Postal Department"n'
DLNR-Aquatic Resources 3:UH_Sea_Grant"D'
DLNR-OCCL
~w
County Transportation Agency~D
Other:
ORD1NANCE N0.BILLNO.
A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8,
KAUA'l COUNTY CODE 1987,AS AMENDED,RELAT1NG TO
WAREHOUSES IN THE COMMERICAL GENERAL ZONING DISTR1CT
BE IT ORDA1NED BY THE COUNCIL OF THE COUNTY OF KAUA'l,STATE OF HAWAl'l:
SECTION 1.Findings and purpose.The purpose of this ordinance is to amend
section 8-2.4 Table of Uses to remedy an inaccuracy in the Commercial General Zoning District.
As currently written in the Table ofUses,section 8-2.4(j)(25)outright permits warehouses
in the Commercial General Zoning District.Whereas Section 8-2.4(1)(13)requires warehouses in
the Commercial General Zoning District to obtain a Use Permit.
The proposed amendment seeks to rectify the oversight and permit warehouses in the
Commercial General Zoning District.
SECTION2.Chapter 8,Kaua'i County Code 1987,as amended,is hereby
amended by amending Table 8-2.4 -Table ofUses,in pertinent part,as follows:
"TABLE 8-2.4 Table of Uses
?=:4.^.
2022
Sec.USE
ZONISG DISTRICT
Residential
RR
Commercia!Industrial
AG o
R-I
to
R-6
R-10
to
R-20 CN CG IL IG
8-2.40(1)Accessory uses and structures p
8-2.4(i )(2)Automobile sales,repair p
8-2.40X3)Automobile services p
8-2.40(4)Churches,temples and monasteries p
8-2.4U)(5)Clubs,lodges and community centers p
8-2.40)(6)Commercial indoor amusement and parks p
8-2.4CJ)(7)Department stores p
8-2.40(8)Hotels and motels p
8-2.40)(9)Household services p
8-2.40X10)Light manufacturing,such as handicrafts and
garment fabrication p
8-2.4G)(11)Minor food processing,such as cracked seeds,
jellies,candies and ice cream p
8-2.40(12)Museums,libraries and public services p
8-2.40)(13)Offices and professional buildlngs p
Scc.fSE
ZON1NG DISTR1CT
Residential
RR
Commercial Indusirial
AG o
R-l
to
R-6
R-10
to
R-20 CN CG IL IG
8-2.4G)(14)Parklng garages p
8-2.40X15)Personal services p
8-2.40X16)Public offices and buildings p
8-2.40)(17)Public parks and monuments p
8-2.4(j)(18)R-esearch and development p
8-2.4(j)(19)Residential dwellings,detached,attached or
multi-family dwellings p
8-2.4Q)(20)Restaurants and food services p
8-2.40X21)Retail sales p
8-2.40(22)Supennarkets and shopping centers p
8-2.40(23)
Fransient 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
8-2.40)(24)Fransportation terminals and docks p
8-2.40)(25)W^arehouses p
8-2.4QX26)ftfholesale outlets p
8-2.4(1)(1)Animal hospitals u
8-2.4(0(2)Bars u
8-2.4(1)(3)Botanical and zoological gardens u
8-2.4(1)(4)Commercial outdoor amusement u
8-2.4(1)(5)Communications facilities u
8-2.4(1)(6)Construction materials storage u
8-2.4(1)(7)Diverslfied agriculture u
8-2.4(1)(8)Food processing and packaging u
8-2.4(1)(9)Nightclubs and cabarets u
8-2.4(1)(10)Private and public utilitles and facilities u
Notes:
1 Requirements for Additional Dwelling Units (ADU)are contained in Article 15.
2 Only produce raised or grown on the property and/or associated farm or value-added goods
derived primarily from produce or livestock raised on the subject property and/or associated
fann.
KEY:U =Use Permit Required
P =Permitted Use or Structure (Zoning Permit may be required)"
SECTION 3.lf any provision of this ordinance or application thereof to any
person,persons,or circumstance is held invalid,the invalidity does not affect the other provisions
or applications of this ordinance which can be given effect without the invalid provision or
application,and to this end,the provisions ofthis ordinance are severable.
SECT10N 4.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 5.This ordinance shall take effect upon its approval.
Introduced by:
(By Request)
DATE OF 1NTRODUCT10N:
LIhu'e,Kaua'i,Hawai'i
8-2.4(1)(11)Project development in accordance with Article
ICofthisChapter u
8-2.4(1)(12)Schools and day care centers u
[8-2.4(1)(13)][Warehouses][U]
8-2.4(1)[(14)]_Cm
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
8-2.4(u)(2)
Homestay located in the Visitor Destination
Area (VDA),pursuant to Article 18 ofthis
Chapter
p
Ka'aina S.Hull
Director of Planning
Jodi A.Higuchi Sayegusa
Deputy Director of Planning
COUNTY OF KAUA'I
PLANNING DEPARTMENT
DIRECTOR'S REPORT
I.SUMMARY
Action Required by
PIanning Commission:
Consideration of a Bill for an Ordinance Amending Chapter 8,
Kaua'i County Code 1987,as amended,relating to the
Comprehensive Zoning Ordinance (CZO).
Permit Application Nos.Zoning Amendment ZA-2022-3
Name of Applicant(s)COUNTY OF KAUA'I,PLANNING DEPARTMENT
II.PERMIT INFORMATION
III.LEGAL REQUIREMENTS
r:^.i<?.»
MAR O 8 2022
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.
General Plan Amendment
Q Community PIan
Amendment
State Land Use District
Amendment
KCC Section 8-3.4
Public Hearing Date:March 8,2022
Date ofPublication:February 04,2022
Date of Director s Report:February 15,2022
IV.DESCRIPTION OF THE AMENDMENT
The proposed bill is being initiated by the County of Kaua'i Planning Department and the
purpose ofthe legislation (Bill No.to be determined)is to amend Section 8-2.4 ofthe
Comprehensive Zoning Ordinance (CZO)relating to the Commercial General Zoning
District Table of Uses.
The proposed amendment seeks to rectify an oversight to allow warehouses as generally
permitted in the Commercial-General Zoning District Table of Uses that would read:
ZA-2022-3 Director's Repon
CountyofKaua'i,Planning Department
March 08.2022
2 |Pag e
Sec.USE
ZONING DISTRICT
Residential
RR
Commercial Industrial
AG o
R-l
to
R-6
R-10
to
R-20 CN CG IL IG
8-2.4(j)(l)Accessory uses and stmctures p
8-2.4(j)(2)Automobile sales,repair p
8-2.4CJ)(3)Automobile services p
8-2.4(j)(4)Churches,temples and monasteries p
8-2.40X5)CIubs,lodges and community centers p
8-2.40(6)Commercial indoor amusement and parks p
8-2.40X7)Department stores p
8-2.4(j)(8)Hotels and motels p
8-2.40(9)Household services p
8-2.4(j)(10)Light manufacturing,such as handicrafts and
^arment fabrication p
8-2.40X11)Minor food processing,such as cracked seeds,
iellies,candies and ice cream p
8-2.4(j)(12)VIuseums,libraries and public services p
8-2.40X13)3ffices and professional buildings p
8-2.4(j)(14)Parking garages p
8-2.4CJ)(15):>ersonal services p
ZA-2022-3 Director's Report
County ofKaua'i,Planning Department
March 08,2022
3|Page
Sec.USE
ZONING DISTRICT
Residential
RR
Commercial Industrial
AG o
M
to
R-6
R-10
to
R^20 CN CG IL IG
8-2.4(j)(16)Public offices and buildings p
8-2.40(17)1'ublic parks and monuments p
8-2.4(j)(18)Research and development p
8-2.4(j)(19)Residential dwellings,detached,attached or
multi-family dwellings p
8-2.4(j)(20)Restaurants and food services p
8-2,4a)(21)Retail sales p
8-2.4(j)(22)Supermarkets and shopping centers p
8-2.4(j)(23)
Transient vacation rentals,provided they are
located within the designated Visitor Destination
Areas established pursuant to Article 17 of this
Chapter.These uses are prohibited in non-VDA
areas
p
8-2.4(j)(24)Transportation terminals and docks p
8-2.4(j)(25)Warehouses p
8-2.4(j)(26)Wholesale outlets p
8-2.4(1)(1)Animal hospitals u
8-2.4(1)(2)Bars u
8-2.4(I)(3)Botanical and zoological gardens u
8-2.4(1)(4)Commercial outdoor amusement u
8-2.4(1)(5)Communications facilities u
8-2.4(1)(6)Construction materials storage u
8-2.4(I)(7)Diversified agriculture u
Notes:
1 Requirements for Additional Dwelling Units (ADU)are contained in Article 15.
2 Only produce raised or grown on the property and/or associated farm or value-added goods derived
primarily from produce or livestock raised on the subject property and/or associated farm.
KEY:U =Use Permit Required
P =Permitted Use or Structure (Zoning Permit may be required)"
V.AMENDMENT JUSTIFICATION
As currently written in the Table of Uses,Section 8-2.4(j)(25)identifies warehouses in the
Commercial-General Zoning District as a permissible use.However,Section 8-2.4 (1)(13)
requires warehouses in the Commercial-GeneraI Zoning District to obtain a Use Permit.
The proposed amendment seeks to rectify the oversight and to generally permit warehouses
in the Commercial-General Zoning District as what it was intended to be.
It is further noted that the purpose of the commercial zoning district,as prescribed in
Article 6 of the CZO,is:
a)To designate areas suitable for commercial and public or private business activities
distributed so as to supply goods and services to the public in a convenient and
efficient manner.
ZA-2022-3 Director's Report
County of Kaua'i,Planning Depaitment
March 08,2022
4 |P a ge
8-2.4(1)(8)Food processing and packaging u
8-2.4(0(9)Nightclubs and cabarets u
8-2.4(1)(10)Private and public utilities and facilities u
8-2.4(1)(11)Project development in accordance with Article
lOofthisChapter u
8-2.4(1)(12)Schools and day care centers u
[8-2.4(1)(13)][Warehouses][U]
8-2.4(1)[(14)]_03}
Any other use or stmcture which the Planning
Director finds to be similar in nature to those
listed in this Section and appropriate to the
District
u
8-2.4(u)(2)
Homestay located in the Visitor Destination
Area (VDA),pursuant to Article 18 of this
Chapter
p
b)To relate commercial and business activities to established or projected transport,
utility and community pattems so that they may contribute to the general health,
safety and welfare of the public.
c)To assure that commercial and business development and uses will not detract from
the environmental qualities of the surrounding areas.
VI.AGENCY COMMENTS
See attached Exhibit A.
VII.PRELIMINARY EVALUATION
In evaluating the proposed zoning amendment,the following aspect should be taken into
consideration:
1.Comprehensive Zoning Ordinance (CZO)
The proposed amendment is to be evaluated pursuant to Section 8-3.4(d)of the CZO,
Kaua'i County Code (KCC),as amended.The section,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."
As Previously mentioned,the intent of the amendment is to correct the oversight in the
current Table of Uses to ensure that there is consistency.Warehouses are generally a
permissible use within commercial areas and would be consistent with the
developments in that neighborhood.
2.General Plan
The 2018 General Plan sets forth a vision,goals,and policies to guide future growth on
Kaua'i.The proposed amendment is consistent with the overall vision and policies
outlined in the 2018 General Plan.
A.Section 1.4,entitled "Policies to Guide Growth"
i.Policy #1 Manage Growth to Preserve Rural Character"-
Permitting warehouses in the Commercial General Zoning District helps
concentrate growth within existing towns that better preserves
agriculture lands and open space.
ZA-2022-3 Director's Report
County of Kaua'i,Planning Department
March 08,2022
5|Page
ii.Policy #8:"Protect Kaua'i's Scenic beauty"-The Kauai County
Code Comprehensive Zoning Ordinance 1987,as amended,outright
permits Warehouses in the Commercial General Zoning District.
Amending the Kauai County Code Comprehensive Zoning Ordinance
1987,as amended to rectify the oversight ofrequiring a use permit will
allow warehouses to be permissible in designated areas that will
ultimately protect Kaua'i's Scenic Beauty.
iii.Policy #10:Help Business Thrive -The proposed legislation
strengthens our town cores by promoting opportunities for small
businesses,infrastmcture,and investment.
B.Section 1.1.3,entitled "General Plan Framework"
"Objectives and Actions by Sector-The ten sectors represent the areas that
must be considered in policy implementation.Within each sector are several
subsections which elaborate on more specific topics.Each subsection has an
objective that details the policy direction specific to the topic.Actions are
forward-looking and are organized by the implementation tool available to the
County.Actions represent what is needed to move policy forward.They include
code changes,updated or new plans,partnership needs,and projects."
•The proposed legislation aligns with the 2018 General Plan "objectives
and Actions by Sector"by updating the County Zoning Ordinance to
allow warehouses in the Commercial General Table of Uses.
VIII.PRELIMINARY CONCLUSION
Based on the foregoing findings and evaluation,it is concluded that the proposal is
reasonable and appropriate.It is also consistent with the policies and recommendations of
the Kaua'i General Plan.
IX.PRELMINARY RECOMMENDATION
Based on the foregoing evaluation and conclusion,it is recommended that Zoninj
ZA-2022-3 Director's Report
County of Kaua'i,Planning Department
March 08,2022
6 1 Page
By KMw^-
SHELEA BLACKSTAD
Planner
Approved &Recommended to Commission:
-^feAATNX ^IUM
Director ot'Planning
Date:^^/.Z-T^/^^Z.^
ZA-2022-3 Director's Report
County ofKaua'i,Planning Department
March 08,2022
7 |P a ge
//A //EXHIBIT"A
(Agency Comments)
cou>';'/
"22 JftN 28
'JAI
:in
ll.Ah?(:iiG !)L
COUNTY 01''KAUA'I
1'I.ANNING DEPAKTMliN'l'
4444 KICE STREE'r,SUITE A473 LIIIU'K,11AWAI-1 96766
(808)241.4050
FROM;Kaaina S.Hlill,Director (Shelea)1/20/2022
SUBJECT:<.ZonlilgAmendilK;ntZA-2022-3^
Cok,Plaiining Department,Applicant
TO:
FOR YOUR COMMENTS (pertaining to yoiir departinent):
CT^^s ^o ^f^cn.Co^^^^<orJ ^Hvt •^^'^6^'
^I^^H
\.yi-'io-a--S-
Tliis niattcr is schcclulcd for a public hearing bcfore thc County of Kiiuai Planning Coniinission on
3/8/2022 at thc Liluie Civic Center,Moikeha Uuildiiig,Meetiiig Rooin 2A-2B,4444 Ricc Street,
Liluie,Kaiiai,at 9:00 ain or sooii thereafter.If we (lo not receive yoiir agency coinmcnts wilhiii one (1 )
nioiitti froin tlic d;ite of this requcst,we wjll assiime that thcrc ;u'e no objcction.s to ttiis pennit request.
Mahalo!
~u
Dcparlinent ofTraiisportalioii -STP x DPW-Engineering~a_
DOT-Higliway,Kauai(iiifo oiily)
~a
DPW-Wastcwater"n
DOT-Airports,Kauai (info only)
~D
DPW-Builcling~0_
DOT-Harbois,Kauai (info only)
'u
DPW-SolidWastc
State Departmenl of Health s Department of Parks &Recrcation~a
State Depni-tment ofAgriculture
~w
Fire-Departnient~0_
State Office ofPlanning x County Housiiig-Agency~a'
Statc Dept.ofBus.&Econ.Dcv.Tourism
~D
County Economic Developmenl'u
Staie Land Use Comniission
~0
KHPRC-a:
Statc Hislofic Preservation Division Water Dcpanment
T[~0_DLNR-Laiid Management
~D
Kaua'i Civil Defcnse
DLNR-Foresly &Wildlife
-D~
U.S.Postal Department-a:
DLNR-Aqu.uic Resoiirces IT LIH Sea GrantsDLNR-OCCL n^wntyiTransportationAgency^~a
Other:
COUNTY OF KAUA'l
PLANNING DEPARTMENT
4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766
(808)241.4050
FROM:Kaaina S.Hull,Director (Shelea)1/20/2022
SUBJECT:
TO:
Zoning Amendment ZA-2022-3,,?
Cok,Planning Department,Applicant
u Department of Transportation -STP DPW-Eng i neer i ngaDOT-Highway,Kauai(info only)D DPW-Wastewater
D DOT-Airports,Kauai (info only)D DPW-BuildingaDOT-Harbors,Kauai (info only)D DPW-SolidWaste
State Departmcnt of Health Department of Parks &Recreation
a State Department ofAgriculture Fire-Department j
State Office of Planning County Housing-Agency
Statc Dept.of Bus.&Econ.Dev.Tourism County Economic Development
D State Land Use Commission a KHPRC
a State Historic Preservation Division Water Department
a DLNR-Land Management Kaua'i Civil DefenseaDLNR-Foresty &Wildlife a U.S.Postal Dcpartment
a DLNR-Aquatic Resources UH Sea_Grant
D DLNR-OCCL County Transportation Agency
D Other:
FOR YOUR COMMENTS (pertaining to your department):
No cominents or concerns from Fire
This matter is scheduled for a public hearing before the County of Kauai Planning Commission on
3/8/2022 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!
ORDINANCE N0.BILL N0.
A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8,
KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING TO APPLICATION OF
REGULATIONS
SECTION 1.Findings and Purpose.The Councii finds that the Condominium Property
Regime process for vacant or open lands has in the past created confusion and antagonistic and
litigative actions between property owners as well as property owners and the County ofKaua'i,
particularly around the ability for landowners to propose that a respective property have
individual CPR units that do not qualify for any dwelling units.
The Council also finds that Hawai'i Revised Statutes,Section 514B-5 specifies,"Any
condominium property regime established under this chapter shall conform to the existing
underlying county zoning for the property and all applicable county permitting requirements
adopted by the county in which the property is located,including any supplemental rules adopted
by the county,pursuant to section 514B-6,to ensure the conformance of condominium property
regimes to the purposes and provisions ofcounty zoning and development ordinances..."
With this provision,and by practice,the Planning Department generally informs the
Hawai'i Real Estate Commission that CPR proposals that exceed their respective properties'
dwelling unit density do not conform to the existing underlying zoning.
The purpose ofthis ordinance is to amend the Comprehensive Zoning Ordinance to
explicitly reflect that condominium property regime dwelling unit density allocations align with
the respective zoning district density unit allocations.
SECTION 2.Chapter 8,Article 1,Kaua'i County Code 1987,as amended is hereby amended
by amending Sec.8-1.4,to read as follows:
(a)For the purposes ofthis Chapter,the County ofKaua'i shall include the districts of
Waimea,Koloa,LThu'e,Kawaihau and Hanalei as described in Sec.4-1(4),H.R.S.
(b)Unless otherwise expressly prohibited by law,the provisions ofthis Chapter shall apply
to all areas within the County boundaries.
(c)In administering and applying the provisions ofthis Chapter,unless otherwise stated,
they shall be held to be the minimum requirements necessary to accomplish the purpose of
this Chapter.
(d)For parcels containing multiple zoning designations,each designation shall be
considered individually in applying the standards ofthis Chapter,with the exception that any
lot or parcel located in the State Land Use Commission Agricultural District and containing
fifty (50)acres or more in the County Open District shall be considered together with the
County Agriculture District for the purpose of determining parcel acreage to apply
subdivision standards.
(e)Nothing in this Chapter shall regulate the placement,design and construction ofutility
poles,towers and transmission lines by a public utility company as defined in Sec.269-1,
H.R.S.,provided,that the poles and towers shall be no higher than twenty (20)feet above the
height limits for structures applicable in the Use District in which the poles and towers are
constructed.
(f)Nothing in this Chapter shall regulate the minimum size of lots in a subdivision which
are to be used for govemment or public utility facilities.The creation ofsuch lots shall be in
compliance with the provisions ofChapter 9,County Subdivision Ordinance,ofthe Code.
(g)Nothing in this Chapter shall prohibit the use offactory built housing or trailer homes
as permitted dwellings,buildings or structures for the purpose ofhuman habitation or
occupancy within the various Use Districts provided that all such factory built housing and
trailer homes must first:
(1)Meet all applicable development standards,density limitation and other such
requirements for the particular Use District;
(2)Be permanently afExed to the ground;
(3)Have had their wheels and axles,ifany,removed;
(4)If licensed pursuant to Hawai'i Revised Statutes Chapter 249,have been
registered as a stored vehicle in accordance with Hawai'i Revised Statutes Sec.
249-5;
(5)Meet the standards and requirements contained in Sec.12-4.4 ofChapter 12,
Building Code;and
(6)Meet all other applicable govemmental rules,regulations,ordinances,statutes and
laws.
(h)Recreational trailers may be used as temporary dwellings for travel,recreational or
vacation purposes in accordance with Chapter 16 (Recreational Trailer Camps)ofTitle 11,
Administrative Rules,Department ofHealth,State ofHawai'i,or any other State or County
laws,ordinances or mles relating to the use ofpublic or private lands,parks or camp grounds
for camping or recreational purposes.Except as provided herein,no recreational trailer shall
be used as a dwelling or building for the purpose ofhuman habitation or occupancy.(Ord.
No.935,November 14,2012)
(i)For proposed Condominium Propertv Regime ('CPR)proiects.the condominium project
shall not exceed the number ofdwelling units that the proiect site is entitled tojmder the
density standards established in the respective zoning district chapter.Each individual CPR
unit shall oualify for at lease one dwelling unit.
Ka'aina S.Hull
Director ofPlanning
Jodi A.Higuchi Sayegusa
Deputy Dircctor ofPlanning
I.SUMMARY
Action Required by
Planning Commission:
Permit Application No.
Name ofApplicant(s):
COUNTY OF KAUA'I
PLANNING DEPARTMENT
DIRECTOR'S REPORT
Consideration ofa Bill for an Ordinance to amend Chapter 8,
Kaua'i County Code,as amended,relating to the Comprehensive
Zoning Ordinance (CZO).
Zoning Amendment ZA-2022-4
COUNTY OF KAUA-I,PLANNING DEPARTMENT
II.PERMIT INFORMATION
III.LEGAL REQUIREMENTS
^t*-.0.1
MAR O 8 2022
V:\2022 Master Files\Amendments\Zoning\ZA-2022-4 CPR Oensity\Reports\Report-l 03.08.2022_ZA-2022-4 CPR Density.docx
AMENDMENTS
15<]Zoning Amendment Pursuant to K.CC 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
Community Plan
Amendment
Q State Land Use District
Amendment
KCC Section 8-3.4
Public Hearing Date:March 8,2022
Date ofPublication:February 4,2022
Date ofDirector s Report:February 15,2022
IV.DESCRIPT10NOFTHEAMENDMENT
The proposed bill for an ordinance is being initiated by the County ofKaua'i Planning
Department and is hereby submitted to the Planning Commission for review and approval.
The purpose ofthis legislation (Bill No.to be determined)is to amend Section 8-1.4 ot the
Comprehensive Zoning Ordinance (CZO)relating to the Application ofRegulations and
more specifically,density standards involving parcels that have been partitioned through the
Condominium Property Regime (CPR)process,pursuant to Chapter 514B ofthe Hawaii
Revised Statutes.
The amendment adds new language to Section 8-1.4 that would read:
(i)For proposed Condominium Property Regime (CPR)projects,the condominium
project shall not exceed the number ofdwelling units that the project site is entitled
to under the density standards established in the respective zoning district chapter.
Each individual CPR unit shall qualify for at least one dwelling unit.
V.AMENDMENT JUSTIFICAT10N
The proposed legislation will regulate the number ofCPR units created in a Condominium
Property Regime project based on the number ofdwelling units that the project site is
entitled to through the density standards established in the respective zoning district ofthe
CZO.Currently,there is no language in the Kauai County Code that provides a nexus
between the number ofCPR units created in a CPR project and the density standards that
are outlined in the CZO.Condominium Property Regimes are created through and
regulated by the State ofHawaii,Department ofCommerce and Consumer Affairs
(DCCA),Real Estate Branch.Likewise,the underlying land ofa CPR project is regulated
by the County of Kauai through County zoning ordinances and land use regulations.
Subsequently,there is no language in the Kauai County Code that regulates the number of
CPR units within a project as it relates to the permissible density ofthe parcel.As a result,
there is a potential that the number of CPR units exceeds the permissible density of the
property;a CPR project could be partitioned into units that could be greater than the
maximum density.As proposed,the legislation would implement a County regulatory
standard that restricts the number ofCPR units for a CPR project such that the number of
CPR units would be consistent with the allowable density ofa project site and does not
exceed the maximum allowable density.Further,the proposed legislation ensures that each
individual CPR unit will qualify for at least one dwelling unit since it would be consistent
with the density standard established by the CZO.
VI.AGENCY COMMENTS
See attached Exhibit A.
2 1 P age
7.A-2022-4 CPR Dcnsitv
County ofKaua'i,Planning Department
March 8,2022
VII.FINDINGS
1.Havvaii Revised Statutes (HRS)Chapter 514B,entitled "Condominiums"
A.Section 514B-3 entitled "Definitions"specifies:
1)"Condominium means real estate,portions ofwhich are designated for
separate ownership and the remainder ofwhich is designated for common
ownership solely by the owners ofthose portions.Real estate is not a
condominium unless the undivided interests in the common elements are vested
in the unit owners.
2)"Project"means a real estate condominium project;a plan or project whereby a
condominium oftwo or more units located within the condominium property
regime are created.
3)"Property"means the land,whether or not contiguous and including more than
one parcel ofland,but located within the same vicinity,the building or
buildings,all improvements and all structures thereon,and all easements,rights,
and appurtenances intended for use in connection with the condominium,which
have been or are intended to be submitted to the regime established by this
chapter."Property"includes parcels with or without upper or lower boundaries,
and spaces that may be filled with air or water.
4)"Unit"means a physical or spatial portion ofthe condominium designated for
separate ownership or occupancy,the boundaries of which are described in the
declaration or pursuant to section 514B-35,with an exit to a public road or to a
common element leading to a public road.
B.Section 514B-5 entitled "Conformance with county land use laws"reads:
Any condominium property regime established under this chapter shall conform to
the existing underlying county zoning for the property and all applicable county
permitting requirements adopted by the county in which the property is located,
including any supplemental rules adopted by the county,pursuant to section
514B-6,to ensure the conformance ofcondominium property regimes to the
purposes and provisions ofcounty zoning and development ordinances and chapter
205,including section 205-4.6 where applicable.In the case ofa property which
includes one or more existing structures being converted to condominium status,the
condominium property regime shall comply with section 514B-32(a)(13)or
514B-84(a)."
ZA-2022-4 CPR Densitv
County ofKaua'i,Planning DepaHmcnt
Milrch 8,2022
3|Page
2.Chapter S^Comprehensive Zoning Ordinance ofthe Kauai County Code
A.Section 8-1.0 entitled "Purpose ofChapter"reads:
"The purpose ofthis Chapter is to provide regulations and standards for land
development and the construction ofbuildings and other structures in the County of
Kaua'i.By utilizing the findings and analysis ofthe County General Plan,this
Chapter establishes several land districts and delineates the respective types of
permitted uses and development that can take place in those districts.The
regulations and standards prescribed by this Chapter are intended to promote
development that is compatible with the Island's scenic beauty and environment
and to preclude inadequate,harmful or disruptive conditions that may prove
detrimental to the social and economic well being ofthe residents ofKaua'i."
B.Section 8-1.2 entitled Purpose"specifies:
This chapter is adopted for the purpose of:
(b)Regulating the use ofbuildings,structures and land for different purposes.
C.Section 8-1.5 entitled "Definitions"specifies:
1)"Density"means the number ofdwelling units allowed on a particular unit of
land area.
2)"Dwelling"means a building or portion thereofdesigned or used exclusively for
residential occupancy and having all necessary facilities for pennanent
residency such as living,sleeping,cooking,eating and sanitation.
3)"Dwelling Unit"means any building or any portion thereofwhich is designed
or intended for occupancy by one (1)family or persons living together or by a
person living alone and providing complete living facilities,within the unit for
sleeping,recreation,eating and sanitary facilities,including installed equipment
for only one (1)kitchen.
VIII.PRELIMINARY EVALUATION
In evaluating the proposed zoning amendment,the following aspect should be taken into
consideration:
The proposed request is to be evaluated pursuant to Section 8-3.4(d)ofthe Kauai County
Code,as amended,relating to the consideration ofa proposed 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
4 1 P age
ZA-2022-4 CPR Density
County ofKaua'i,Pianning Repartment
Maich 8,2022
unless the change wil]turther the public necessity and convenience and the
general welfare."
The proposed legislation will promote the public necessity and convenience and the general
welfare by implementing a County regulatory standard that will ensure that all CPR units
within a CPR project qualify for at least one dwelling unit.
1.Kauai County 2018 General Plan
A.The proposed legislation aligns with the 2018 General Plan as the Comprehensive
Zoning Ordinance falls under "development standards"in the hierarchical system
shown in Figure 1-1 entitled "County Planning System".Development standards
play a key role in the future growth ofKauai as they translate policies into specific
terms,such as permissible uses,building heights and other requirements.
B.Section 1.1.2 entitled "County Planning System"reads:
"Regulatory Ordinances and Administrative Rules including the
Comprehensive Zoning Ordinance (CZO),the Special Management Area
(SMA)Rules,and the Subdivision Ordinance,set standards for land uses,as
well as procedures and criteria for deciding discretionary permits.The CZO and
other land use regulations elaborate on General Plan and community plan
policies (both maps and text)into specific terms,such as permissible uses,
building heights,and other requirements.
C.Section 1.4 entitled "Policies to Guide Growth"
1)Policy #19 entitled "Communicate with Aloha Kaua'i"states:
"Residents care about planning and decision making.Govemment must
share information,encourage input,improve public processes,and be
responsive."
•The proposed legislation will improve the public process as it will
provide consistency between CPR projects and County zoning laws with
relation to density standards.
IX.PRELIMINARY CONCLUSION
Based on the foregoing findings and evaluation,it is concluded that the proposed
amendment to Section 8-1.4 ofthe Kaua'i County Code (1987),as amended,is reasonable
and appropriate.
51Page
ZA-2022-4 CPR Densitv
County ofKaua'i,Planning Department
Maich 8,2022
X.PRELIM1NARY RECOMMENDATION
Based on the foregoing evaluation and explanations above,it is recommended that Zoning
Amendment ZA-2022-4 be approved.
'Kenneth A.Estes
Planner
Approved &Recommended to Commission:
Director of Plaitning
Date:'2-
/'"^
l^t--^-l^Jl
ZA-2022-4 CPR Densit)
County ofKaua'i,Planning Department
March 8,2022
6 1 P age
//A //EXHIBIT"A
(AGENCYCOMMENTS)
COUNTY OF KAUA'I
PLANNING DEPARTMENT
4444 RICE STREET,SUITE A473 LlHU'E,HAWAl'I 96766
(S08)241.4050
FROM:Kaaina S.Hull,Director (Kenneth)1/20/2022
SUBJECT:,Zoning Amendment ZA-2022-4;f
Cok,Planning Department,Applicant
TO:
FOR YOUR COMMENTS (pertaining to your department):
No comments or concerns from fire
This matter is scheduled for a public hearing before the County of Kauai Planning Commission on
3/8/2022 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!
3:Department of Transportation -STP
~K
DPW-Engineering'a"
DOT-Highway,Kauai(info only)s DPW-Wastewater'n
DOT-Airports,Kauai (info only)s DPW-Building'D"
DOT-Harbors,Kauai (info only)DPW-SolidWaste~s
State Department of Health
~a
Department of Parks &Recreation'a'
State Department of Agriculture w Pire-Department^
2:State Office of PIanning s County Housing-AgencysStateDept.of Bus.&Econ.Dev.Tourism s"County Economic Development'H
State Land Use Commission
~D
KHPRC~D
State Historic Preservation Division
~w
Water DepartmentsDLNR-Land Management s Kaua'i Civil Defense-D-
DLNR-Foresty &Wildlife
-D~
U.S.Postal Depanment
TT DLNR-Aquatic Resources
"u
UH_Sea_Orant~D
DLNR-OCCL
~M
County Transportation Agency~D
Other:
C0()l;rv n-'/•'1^|
'22 JAN 2fi F'):;-.i COUNTYOFKAUA'I
PI.ANNING DEPARTMENT
'uil;,;r n;:[4(144 RICESTREET,St)ITEA473LIHU'E,IIAVVAn 96766-"nrl"'"Jl-'r-r '•
(808)241.4050
FROM:Kaaina S.HuII,Director
SUBJECT:
(Keiineth)1/20/2022
Amendment ZA-2022-4J
Cok,Planning Departinent,Applicant
TO:
FOR YOUR COMMENTS (pertaining to your department):
CTA ^\6 h*<'^^TK'-'ft.CP^^£VJT w 'w-^^A'UBP-.
^<\M(».<.^
l >a7.'z^'a-'a-
This mattcr i.s scheduled for a public hearing before the County of Kauai Planning Commission on
3/8/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Streel,
Lihue,Kauai,at 9:00 ain or soon thereafter.If we do not receive your agency comments within one (1 )
month from the date of this requcsl.,we will a.ssume thal there are no objections lo this permit request.
Mahalo!
u Department ofTransportation -STP
~s
DPW-Engineering~0
DOT-Highway,Kauai(info only)u DPW-Wastewater
DOT-Airports,Kauai (info only)
'u'
DPW-BuildingsDOT-Harbors,Kauai (info only)
~u
DPW-SolidWaste~M
State Department of Health
'D
Department of Parks &RecreationsStateDepartmentofAgriculture
~s
Fire-Depanment~n
State Office of Planning County Housing-AgencysStateDept.of Bus.&Econ.Dev.Tourism
"D
County Economic DevelopmentsStateLandUseCommissionTTKHPRCsStateHistoricPreservationDivision
~w
Water Department~D
DLNR-Land Management
"D:
Kaua'i Civil Defense~n
DLNR-Foresty &Wildlife
~D-
U.S.Postal DepartmentsDLNR-Aquatic Resources
"D:
UH_Sea_Orant~n
DLNR-OCCL i 12SI LounlyTranspoHationAgencyf"CT
Other:
EXHIBIT'B"
(DRAFT BILL)
ORD1NANCE N0.BILL N0.
A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8,
KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING TO APPL1CATION OF
REGULATIONS
SECTION 1.Findings and Purpose.The Council finds that the Condominium Property
Regime process for vacant or open lands has in the past created confusion and antagonistic and
litigative actions between property owners as well as property owners and the County ofKaua'i,
particularly around the ability for landowners to propose that a respective property have
individual CPR units that do not qualify for any dwelling units.
The Council also finds that Hawai'i Revised Statutes,Section 514B-5 specifies,"Any
condominium property regime established under this chapter shall conform to the existing
underlying county zoning for the property and all applicable county permitting requirements
adopted by the county in which the property is located,including any supplemental rules adopted
by the county,pursuant to section 514B-6,to ensure the conformance ofcondominium property
regimes to the puiposes and provisions ofcounty zoning and development ordinances..."
With this provision,and by practice,the Planning Department generally informs the
Hawai i Real Estate Commission that CPR proposals that exceed their respective properties'
dwelling unit density do not conform to the existing underlying zoning.
The purpose ofthis ordinance is to amend the Comprehensive Zoning Ordinance to
explicitly reflect that condominium property regime dwelling unit density allocations align with
the respective zoning district density unit allocations.
SECTION 2.Chapter 8,Article 1,Kaua'i County Code 1 987,as amended is hereby amended
by amending Sec.8-1.4,to read as follows:
(a)For the purposes ofthis Chapter,the County of Kaua'i shall include the districts of
Waimea,Koloa,LIhu'e,Kawaihau and Hanalei as described in Sec.4-1(4),H.R.S.
(b)Unless otherwise expressly prohibited by law,the provisions ofthis Chapter shall apply
to all areas within the County boundaries.
(c)[n administering and applying the provisions ofthis Chapter,unless otherwise stated,
they shall be held to be the minimum requirements necessar)'to accomplish the purpose ot'
this Chapter.
(d)For parcels containing multiple zoning designations,each designation shall be
considered individually in applying the standards ofthis Chapter,with the exception that any
lot or parcel located in the State Land Use Commission Agricultural District and containing
fifty (50)acres or more in the County Open District shall be considered together with the
County Agriculture District for the purpose ofdetermining parcel acreage to apply
subdivision standards.
(e)Nothing in this Chapter shall regulate the placement,design and construction ofutility
poles,toivers and transmission lines by a public utility company as defined in Sec.269-1,
H.R.S.,provided,that the poles and towers shall be no higher than twenty (20)feet above the
height limits for structures applicable in the Use District in which the poles and toivers are
constructed.
(O Nothing in this Chapter shall regulate the minimum size oflots in a subdivision which
are to be used for govemment or public utility facilities.The creation ofsuch lots shall be in
compliance with the provisions ofChapter 9,County Subdivision Ordinance,ofthe Code.
(g)Nothing in this Chapter shall prohibit the use of factory built housing or trailer homes
as permitted dwellings,buildings or structures for the purpose ofhuman habitation or
occupancy within the various Use Districts provided that all such tactory built housing and
trailer homes must first:
(1)Meet all applicable development standards,density limitation and other such
requirements for the particular Use District;
(2)Be permanently affixed to the ground;
(3)Have had their wheels and axles,ifany,removed;
(4)Iflicensed pursuant to Havvai'i Revised Statutes Chapter 249,have been
registered as a stored vehicle in accordance with Havvai'i Revised Statutes Sec.
249-5;
(5)Meet the standards and requirements contained in Sec.12-4.4 ofChapter 12,
Building Code;and
(6)Meet all other applicable govemmental rules,regulations,ordinances,statutes and
laws.
(h)Recreational trailers may be used as temporary dwellings for travel,recreational or
vacation purposes in accordance with Chapter 16 (Recreational Trailer Camps)ofTitle 11,
Administrative Rules,Department ofHealth,State ofHawai'i,or any other State or County
laws,ordinances or rules relating to the use ofpublic or private lands,parks or camp grounds
for camping or recreational purposes.Except as provided herein,no recreational trailer shall
be used as a dwelling or building for the purpose ofhuman habitation or occupancy.(Ord.
No.935,Novemberl4,2012)
(i)For proposed Condominium Property Reeime CCPR)proiects.the condominium project
shall not exceed the number ofdwelline units that the proiect site is entitled to under the
density standards established in the respective zonine district chapter.Each individual CPR
unit shall qualifv for at lease one dwelling unit.
DEPARTMENT OF PLANNING
KA'AINA HULL,DIRECTOR
JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR
DEREK S.K.KAWAKAMI,MAYOR
MICHAELA.DAHILIG,MANAG1NG DIRECTOR
DIRECTOR'S REPORT
SUMMARY
Action Required by
Planning Commission:
Consideration of Applicant's request to amend Condition No.2
to allow the operator to conduct tours with no capacity
restrictions.
Permit Application Nos.
Name ofApplicant(s)
Class IV Zoning Permit Z-IV-2015-10
Use Permit U-2015-9
Special Permit SP-2015-1
Steelgrass Farm,LLC.
II.PERMIT INFORMATION
Use Permit PursuanttoSection 8-2.4 of theKCC,1987,as amended,a
Use Permit is required to operate commercial tours in the
Agriculture (A)zoning district.
I1 Project Development Use
Permit
[1 Variance Permit
Special Permit Pursuant to Section 205 of the Hawai'i Revised Statutes
(HRS)and Chapter 13 of the Rules of Practice and
Procedures ofthe Planning Commission,a Special Permit is
required for a use in the State Land Use Agricultural (A)
District that is not a permissible use as set forth in Chapter
205oftheHRS.
Zoning Permit Class
Kl IV
D iii
Pursuant to Section 8-4.7 of the KCC,1987,as amended,a
Class IV Zoning Permit is a procedural requirement for
obtaining a Use Permit in the Agriculture (A)zoning district.
I1 Special Management Area
Permit
Use
QlVlinor
AMENDMENTS
X 1.0
8
Date of Receipt of Completed N/A
Application:
Date of Director's Report:MARCH 22,2022
Date of Public Hearing:MARCH 8,2022
Deadline Date for PC to Take Action N/A
(60THDay):
PROJECT DATA
PROlBHBlNFORKIiffiliN
Parcel Location:The subject property is located at 5730 Olohena Road in Kapa'a
Homesteads.
Tax Map Key(s):4-4-003:045 Area:8.56 acres of 23.518 acre
parcel
ZONING &DEVELOPMENTSTANDARDS
Zoning:Agriculture (A)/0pen (0)
State Land Use District:Agricultural
General Plan Designation:Agriculture (A)
Height Limit:50 feet
Max.Land Coverage:60%oflot area/10%of lot Coverage
Parking Requirement:12 designated off-street parking stalls
Front Setback:10 feet
Rear Setback:10 feet
Side Setback:Sfeet
Community Plan Area:East Kaua'i Community Plan
Community Plan Land Use Designation:Agriculture
Deviations orVariances Requested;N/A
IV.LEGAL REQUIREMENTS
Section 8-3.1[f),KCC:Not Applicable
Plannjng CommjssioniDate:IVIARCH 8,2022
2 1 P age
Z-IV-2015-10.U-2015-9,SP-2015-I;Director'a Rcport (2nd Aracndmmt Rcqucst)
Steelgrass FaiTtis,LLC.
February 22,2022
Zoning Amendment
I1 General Plan Amendment
I1 State Land Use District
Amendment
V.PROJECT DESCRIPTION AND USE
The purpose of the Commercial Agriculture tours is to educate the public,both local
residents and visitors,about the health benefits of the cultivated crops on the subject
property.As previously represented,the tour consist of a three-hour lecture/tour,during
which participants are informed ofthe agricultural history ofKaua'i and ofthe subject
property.
VI.APPLICANT'S REASONS/JUSTIFICATION
REQUEST:
Under the subject permits,the Applicant was granted approval for Commercial
Agriculture tours on the Subject Property.Condition Number 2 of the Planning
Commission's Conditions of Approval (refer to Exhibit 'B')states the following:
"The agriculture commercial tours shall be limited to no more thanfive (5)
days per week,with no more than twenty-five (25)paying participants per
tour and the hours ofoperation shall befrom 8:00am to 6:00pm."
The Applicant is requesting to amend the condition to eliminate the restriction concerning
the number of patrons for each tour and revise its hours of operation from 8:00 am to
6:00 pm to 8:00 am to 4:00 pm.
Please refer to Applicant's correspondence dated November 10,2021 for further
justification (Exhibit "A").
VII.ADDITIONAL FINDINGS
1.Site Information/Characteristics
The subject parcel is surrounded by properties located within the State Agricultural
Land Use District,as well as the County of Kaua'i Agriculture (A)&Open (0)zoning
districts.
2.Existing Land Use Permits_&Permit History
The following information represents land use approvals/permits associated with the
subject property:
o Class IV Zoning Permit Z-IV-2016-19,and Use Permit U-2016-16.This
application received approval by the Planning Commission on June 30,
2016 to allow construction of three (3)farm worker homes.
o July 2017,the Applicant requested to Condition No.2 to allow two (2)
Z-IV-2015-10,U-2015-9,SP-2015-1;Director's Report (2nd Amcndmcnt Reqiieat)
Steelgrass Fanns,LLC.
Fcbruary 22,2022
3 |Page
additional tours on the subject parcel and it was subsequently approved
by the Planning Commission.
VIII.TENTATIVE PRELIMINARY EVALUATION
In evaluating the Applicant s request to amend Condition No.2 of the subject permits to
allow the operator to conduct tours with no capacity restrictions,the following items are
considered:
1.Use Permit
Article 20 of the Comprehensive Zoning Ordinance (CZO),Chapter 8 of the Kaua'i
County Code (1987),the purpose of the Use Permit procedure is to assure the proper
integration into the community of uses which may be suitable only in specific
locations of a district,or only under certain conditions,or only if the uses are
designed,arranged or conducted in a particular manner,and to prohibit the uses if
proper inte.gration cannot be assured.Section 8-3.2 ofthe CZO specifies a Use Permit
may be granted only if the Planning Commission finds that the use meets the
following criteria:
a.The use must be a compatible use;
b.The use must not be detrimental to persons or property in the area;
c.The use must not cause substantial environmental consequences;and
d.The use must not be inconsistent with the intent of the Comprehensive Zoning
Ordinance (CZO)and General Plan.
o The Applicant has been operating for approximately 7 years now and
continues to demonstrate its compatibility with the surrounding
neighborhood.
o To date,the Department has not received any complaints generated by this
operation.
o
o
The tour operations does not inhibit the current or future ability to pursue
agriculture activities on the parcel.
The commercial tours have not been a detriment to the health,safety,
peace,morals,comfort,and general welfare of persons residing or working
in thesurrounding area,and should not eause any substantial harmful
environmental consequences.
Z-IV-2015-10,U-2015-9,SP-2015-1:Director's Rcpon (2nd Amcndmcnt Rcquest)
Steelgrass Fanns,LLC.
Fcbniary 22,2022
4|Page
2.Special Permit
a.Pursuant to Chapter 205 of the Hawai'i Revised Statutes (HRS)and Chapter 13
of the Planning Commission Rules of Practice and Procedures,a SPECIAL
PERIVIIT may be approved under such protective restrictions that may be
deemed necessary if the Commission finds that the proposed use is an unusual
and reasonable use of land situated within the State Land Use Agricultural
District,and that the use would promote the effectiveness and objectives of
Chapter 205,HRS.The Planning Commission shall consider the following
guidelines in determining unusual and reasonable use:
1)Such use shall not be contrary to the objectives sought to be accomplished by
Chapters 205 and 205A of the Hawai'i Revised Statutes (HRS),and rules of
the State Land Use Commission;
o The commercial tours intend to sustain and promote agriculture by
educating their guests on the past and present history of agriculture on
Kaua'i.
2)The desired use would not adversely affect the surrounding property;
o Operation ofthe commercial tours have not created adverse noise,
dust,sound,or other impacts that could adversely affect surrounding
property.
3)The use would not unreasonably burden public agencies to provide roads and
streets,sewers,water drainage,school improvements,and police and fire
protection;
o The current and proposed use will utilize existing roadways;
o Fire and police protection may be required during emergencies;
however,such use is not anticipated to overburden the Fire
Department or Police Department.
4)Unusual conditions,trends and needs have arisen since the district
boundaries and rules were established;and
o Over time,tourism has replaced agriculture as the primary engine of
economic activity for Kaua'i and the State of Hawai'i at large.However,
there is a clear need to preserve certain agricultural lands for farming
activities.
Though the use is generally permitted,the Applicant should continue to institute "Best
5|Page
Z-IV-2015-10,U-2015-9,SP-2015-1.Directol'8 Rcport (2nd Amcndmcnt Requcst)
Steelgrass Farms,LLC,
Febmary 22,2022
Management Practices"to ensure that the operation ofthis facility does not generate
impactsthat mayaffectthe health,safety,and welfare ofthose in the surrounding
area of the proposal.To that end,the Department recommends that the project be
monitored for a period oftwo (2)years from the date the amendment,ifapproved.In
that time,the Department shall record any grievances relating to the project,if any.
Within two (2)years ofthe amendment,ifapproved,the project-shall-be revisited by
the Planning Commission.Ifthere are no grievances,the Applicant may be allowed to
continue to operate with no patron limitations;however,additional mitigation
measures may be imposed to address any issues.If the commercial agricultural tour
results in impacts to the surrounding neighborhood (e.g.,traffic,noise,etc.)due to the
removal of the maximum number of patrons per tour,the Planning Commission may
consider requiring the tour operation to revert back to a maximum of 25 patrons per
tour as originally conditioned.
Traffic -In the past and more recently,the Applicant has contacted the neighbors in
the surrounding area and majority remain in support ofthe project.As previously
represented,the intervals on which tour guest arrive on the subject property is on
weekdays,between the hours of 8:30am and 9:00am,and 12:00pm and 12:30pm.In
the previous permit amendment,the Applicant observed the traffic conditions and
provided Department ofTransportation studies that established baseline figures,also
known as the AADT (annual average daily traffic).On average (per tour),there were
10 passenger cars (coming and going),resulting in a total of 20 trips per day,or 100
trips perweek.
Agencv Comments -The Applicant should resolve and comply with allagency
requirements as recommended in the permit application review,including but not
limited to the emergency plan requirements as imposed by the County Fire Department,
and wastewater requirements for the State Department of Health (DOH).
IX.PRELIMINARY CONCLUSION
It is concluded that through proper mitigation measures,the proposed amendment to
Special Permit SP-2015-1,Use Permit U-2015-9 and Class IV Zoning Permit Z-IV-2015-10
may be granted.As conditioned,operation of the Commercial Agriculture Tour should not
have any detrimental impact to the environment or person and property in the area and
would be considered a compatible use.Furthermore,it is consistent with the criteria
outlinedforthegrantingofa Use Permitto ChapterS ofthe Kaua'i CountyCode,as
amended.
Additionally,the Applicant should institute the "Best Management Practices"to insure
that the operation does not generate impacts that may affect the health,safety,and
welfare of those in the surrounding area of the proposal.
Z-IV-2015-10,U-2015-9,SP-2015-l;Director'sReport (2nd AmmdmentRequest)
Steelgrass Farms,LLC.
Febmary 22,2022
6 |P a ge
X.PRELMINARY RECOMMENDATION
It is recommended that the Commission approve the proposed amendment to Condition
No.2 that would eliminate the restriction concerning the number of patrons for each tour
and revise its hours of operation.In addition,the department is recommending a new
condition (Condition No.10)that requires monitoring of the project.As such,Condition
No.2 of Class IV Zoning Permit Z-IV-2015-10,Use Permit U-2015-9,and Special Permit SP-
2015-1 be amended to read as follows:
2.The agriculture commercial tours shall be limited to no more than
five (5)days per week[,with no moro than twcnty fivQ (25)paying
participonts por tour]and the hours of operation shall be from
8:00am to 4:00 [fe8e]pm.
10.The projectshall be monitoredfor a period oftwo (2)yearsfrom
the date that the amendment is approved.In that time,the
Department shall record any grievances related to the project,if
any.Within the 2-year period,the project shall be revisited by the
Planning Commission.Ifthere are no grievances,the Applicant may
be allowed to continue to operate with no patron limitation;
however,additional mitigation measures may be imposed to
address any issues or impacts,if any.If project results in impacts to
the surrounding neighborhood due to the removal of the maximum
number of patrons pertour,the Planning Commission may consider
requiring the tour operation to revert back to a maximum of 25
patrons per tour as originally conditioned.
In addition,the Applicant is advised that all applicable conditions of approval shall remain
in effect.
*NOTE:Material to be deleted in brackets &strikethrough,and new material is
underlined.
DALE A.
Planner
Approved &Recommended to Commission:
Z-IV-2015-10,U-2015-9,SP-2015-1;Director's Rcport (2nd Amendment Rcqucat)
Steelgrass Fanns,LLC.
Febmary 22,2022
7|Page
By
s^for
KA'AINAS.HULL
Director of Planning
Date:2-24-2022
Z-IV-20I5-10,U-2015-9,SP-20I5-1;Director's Rcport (2nd Amcndmcnt Rcqucst)
Steelgrass Farms,LLC.
February 22,2022
8|Page
((A //EXHIBIT"A"
(Applicanfs Correspondence)
KAUAI CHOCOLATE
November 1Qth,2021
TO:
Planning Commission
County ofKauai
4444 Rice Street
Lihue,Hl,96766
FROM:
Will Lydgate
Lydgate Farms
PO Box 68
Kapaa,HI,96746
(808)635-2095
wlydgate@gmail.com
RE:Steelgrass Farm,LLC.,DBA Lydgate Farms
5730 Olohena Road,Kapaa
Zoning:Agricultural
TMK (4)4-4-03-045:003
Petition to Modify
Class IV Zoning Permit Z-IV-2015-10
Use Permit U-2015-9
Special Permit SP-2015-1
Granted on February 24th,2015
Amended on August 8th 2017
PROJECT SlTE:
Steelgrass Farm,LLC.DBA Lydgate Farms (referred to as Lydgate Farms hereafter}\s a
working farm that grows cacao trees,vanilla vines,honey,and coffee.Lydgate Farms
turns agricultural products into value-added products and sells them directlyto
customers from our farm location,online,and to select retailers on Kauai.Lydgate Farms
also conducts a farm tour.Farm tours and value-added sales of products occur at 5730
Olohena Road,Kapaa,Hl,96746 TMK (4)4-4-03-045:003.Our farm is located in the back
left corner ofthe Lydgate Rise subdivision and is accessed via a 30'easement that is
paved with concrete for 1000 feet and compressed gravel the remaining 500 feet
approach to the farm.Our farm parcel is 8.56 acres and is under an agricultural
dedication.It is owned and managed by fifth-generation Kauai kamaaina Wlll Lydgate
and a team often staff:three who run the tours and giftshop,five who run the farm,and
two who oversee the online store and marketing.
PERMITS FOR AG-TOURISM AT LYDGATE FARMS
Special Permit SP-2015-1,Use Permit U-2015-9 and Class IV Zoning Permit Z-IV-2015-10
were granted to us on February 24th,2015,and amended bythe planning commission
August 8th,2017.They currently empower our farm to host 25 paid guests on one tour
five days per week between 8am-6pm.They also allow us to run a giftshop selling our
value-added products and products associated with the farm.
PERMIT AMENDMENT REOUEST
Ourtours are commonlysold out one week to six-weeks in advance.Because ofthis
many visltors are unable to secure reservations.These overflow visitors usually visit the
farm giftshop —we frequently host more visitors at the giftshop than on the farm tours.
We are asking that the limit on the number of tour visitors be removed,and we be
allowed to freely operate tours within the hours of 8am-4pm.This will allow the farm to
bookthecustomerswhowantto come on tours,within the capadty ofthe farm.This
request shortens the current permitted tour hours to be within the workday.
IN SUPPORT
Our farm manager Will Lydgate is sensitive to the neighborhood setting that the farm
operates in.Since receiving approval in 2015 there have been no formal complaints to
the countyaboutthetours.Will Lydgate isthe presldent ofthe neighborhood AOAO and
there have been no formal complaints to the AOAO about the tours in that tlme frame
either.
We very much appreciate your considerationof our proposal,which will help our growth
and supportthe future ofcacao and ag-tourism on Kaual!
AMENDMENT LANGUAGE:CONDITIONS OF APPROVAL
We are requesting that the language of our permits be changed in the following ways.
From the introduction to our letter ofapproval:
This letter memorializes the action taken by the Kaua'i Planning Commission
effective [August 8,2017](insert new hearing datel to amend the above subject
permits to allow for [two (2)additional]free ooeration of Commercial
Agriculture tours within soecified hours.The approval by the Planning
Commission,per your consent,is subject to the following conditions:
We are also requesting condition 2 ofour approval be amended as follows:
The agriculture commercial tours shall be limited to no more than five (5)days
per week,[with no more than twenty-five (25)paying participonts per tour]and
the hours ofoperation shall be from [8:00om to 6:00pm]8am to 4pm.
ABOUT LYDGATE FARMS
Our farm is run by owner and manager Will Lydgate who took over farm operations from
his father Tony Lydgate in 2016.We have twice been recognized as produclng one ofthe
50 best chocolates in the world at the Cocoa of Excellence Awards in Paris,France —
first in 2017 and again for the current year 2021.We have the honor of representing the
United States in these international awards,which are a competition between cacao
producing countries located in the tropics.Hawaii is the only state in the U.S.that can
grow Theobroma cacao the chocolate tree.
Lydgate Farms is a pioneer in the new hlawaii cacao growing movement,which is
focused not on cheap candy bar grade chocolate,but on what is called specialty
chocolate.This is chocolate that is a higher quality which has fine fruity and floral flavors
and can be used in wine pairings.Specialty chocolate is currently experiencing major
market growth like what Californla wine experienced starting in the 1970's and specialty
coffee starting in the 1980's.
Our farm was selected in 2020 bythe Fine Chocolate and Cacao Institute as an
outstanding cacao farm in the United States and featured in their Origln Series along with
one farm each from Ecuador,Brazil,Colombia,Philippines,Mexico,Tanzania,and
Dominican Republic.
As Kauai's largest producer ofvanilla beans we are currently partnering with the County
of Kauai Office of Economic Development for a research grant that constitutes the first
scientific research into vanilla cultivation in Hawaii.Our honey has been awarded #1 in
the state atthe Big Island Beekeepers Associatlon Hawaii Honey Challenge multiple
years including the most recent public challenge event in 2019.Our owner and manager
Will Lydgate is current president ofthe Hawaii Chocolate and Cacao Association and is
the Kauai representative for the Small Business Regulatory Review Board.Will Lydgate is
a graduate ofthe Hawaii Agricultural Leadership Program.Will's great-grandfather John
Mortimer Lydgate is remembered for his efforts at historical preservation on Kauai and
setting aside the hei'au ofWailua for conservation.
Will Lydgate and our farm are featured in HTA's new video Malama as a part oftheir new
marketing push to promote ag-tourism and activities like voluntourism to promote a
higher quality of visitor to hlawaii.
Our farm is the excluslve chocolate supplier to Holey Grail Donuts since 2018.They also
have a partnership wlth Koloa Rum in the creation ofthelr Kauai Cacao rum and its sister
product Lydgate Farms'75%Dark with Koloa Hawaiian Rum chocolate bar,launched in
2020.
TOURS AT LYDGATE FARMS
We currently operate the three-hour Chocolate Farm Experience one time per day five
days per week,Monday-Friday starting at 9am and ending at 12pm.Visitors book in
advance and arrive in rental cars the morning before their tour and drive out after.Each
tour group travels in 6-12 cars with an average of 10 cars per tour.At the end of each tour
visitors buy the farm's products at the giftshop.Visitors park their cars in 30 designated
parking spaces.
Ourtours highlightthe farming operation and the products ofthe farm.They existwithin
the farm setting and function as an advertisement for the farm's products and a fun
activity.But without the farm they would not function.
KAUAI C HOCOLATE
//n//EXHIBIT"B"
(2017 PCApproval Letter)
For reference
Chair
Vice-Chair
Nogami'
Members
4444;RiceStreet
KapuleBuilding,SuiteA-473
Ltfiu'e,Hawai'F 96766-1326
TEL (808)241-4050 FAX:(808)241-6699
William H.Lydgate
Steelgrass Faan,LLC
POBox68,
Kapaa,Hawaii 96746
rf
Subject:Class TV Zoning Pemiit Z-FV-2015-10
UsePermit U-2015-9
Special Permit SP-2015-1
Tax Map Key:(4)4-4-003:045
Kapaa.Raua'i
Steelgrass Faim,LLC,Applicaat
TNs letter memorializes the aefion taken by the Kaua'i Plaimmg Coimmssion effective August 8,
2017 to amend the above subj ect permits to allow for two (2)additional Commercial Agticulfuie
toiu-s.TheapprovalbythePlannugGoimnission,peryoure6nserit,issybjecttothefolIowmg
conditions:
I.Any Ghanges to thetour operatiQnsandancillaryfaeility(s)shaIlbereviewed by
the Department to determine whether Plamiing eommission review and approval
is required.
2.The agriculture commercial tours shall be timifed to no more thah [thrco (3)days
per wcclc]five (5)days per week,with ho more fhan twenty-five (25)paying
participants per tour andthehourofopeiationshaUbefrom 8:00amto 6:00pm.
3.At least twelve (12)designated off-stteet (off-driveway)parking stalls shall be
provided for tour partieipants.
4.The gift shop shall be restricted to the sale ofthose products produced at or
assbciated with the subject property's agrieultural operations.
5.The applicarit shall comply with the requirements ofthe State Department of
An Equal Opportunity Employer
V:\Chance\Class IVVZ-JV-2015-10 Amendment Steelgrass FannVLetter ofApproval\Approval_CB_7.31.I7_steelgrassfarms.docx
Steelgrass Farm,LLC,Applicant
Class IV Zoning Pen-nit Z-IV-2015-10
UsePermit U-2015-9
Special Permit SP-2015-l
Page2
6.
7.
9.
Sincei^ly,
Health,the County's Fire Department,flie Department ofWater,and the
Department ofPublic Works,as well as any other applicable govemment
agencies.
The applicant shall develop and utilize BestManagelnent Praetiees (B.M.P.'s)
duiing all Ehases of development in prder to ininimize erosion,dust,and
sedirttentationiinpactsoftheprojeettoabuttmgproperties.
InordertommimizeadveisemipactSQa^^^
Newell's Shearwater arid OtUer seabirds,all extemal lighting shall be only ofthe
ft^wmgtypes:sMddeaiiglits,cut-offlMnuDanes,ormdte(aIightm
Spotlighfs mmed.upward or spotlighting of sfructures,landsoapmg,orthe oeean
shallbe pioltibifed.
T^eI^anBmgCommissionreseivesthgiigh^tOTevise.add,or deleteconditions of
approval in order tp addiess pr mitigate unforeseen impacts the project may,
creats,Orto revokethe periaitsthroughtheproperproceduj-esshouldcondifions
of approval npt.be compliedwith or beviolated.
The applieant is advised that additional govemment ageney conditions may be
impQsed.It shall be the applicant's responsibility to resolve fhose eonditions with
the respecfive ageneies.
IGHAEL A.DAHILIG
Clerk,Kaua'i Planmng Coaaifission
Cc;Counly-Public Works,Eire,Water,Housing,Transportation
State-Health,HistoricPreservationDivision
File Z-rv-2015-10