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2022-6-28 PC Agenda Packet REVISEDPAGE 2 PLANNING COMMISSION – JUNE 28, 2022 PLANNING COMMISSION MEETING NOTICE AND AGENDA Tuesday, June 28, 2022 9:00 a.m. or shortly thereafter Līhu‘e Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Līhu‘e, Kaua‘i, Hawai‘i To Join by ZOOM Link: https://us06web.zoom.us/j/82072880549 Webcast Link: https://www.kauai.gov/Webcast-Meetings A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Planning Commission 1. November 9, 2021 2. December 14, 2021 E. RECEIPT OF ITEMS FOR THE RECORD F. HEARINGS AND PUBLIC COMMENT. The Planning Commission will accept written testimony for any agenda item herein. Written testimony indicating your 1) name or pseudonym, and if applicable, your position/title and organization you are representing, and 2) the agenda item that you are providing comment on, may be submitted in writing to planningdepartment@kauai.gov or mailed to the County of Kaua‘i Planning Department, 4444 Rice Street, Suite 473, Līhu‘e, Hawai‘i 96766. Written testimony received by the Planning Department before 9:00 a.m. on Monday, June 27, 2022, will be distributed to all Planning Commissioners prior to the meeting. Written testimony received after 9:00 a.m. on Monday, June 27, 2022, will be summarized by the Clerk of the Commission during the meeting and added to the record thereafter. Oral testimony will be taken during the public comment portion of the meeting in-person at the public meeting location or via Zoom link as an additional accommodation listed on the agenda. After oral testimony has been taken, members of the public may watch the meeting via the live stream link found at www.kauai.gov/webcastmeetings. 1. Continued Agency Hearing a. None for this Meeting. 2. New Agency Hearing a. None for this Meeting. 3. Continued Public Hearing a. None for this Meeting. PAGE 3 PLANNING COMMISSION – JUNE 28, 2022 4. New Public Hearing a. ZA-2022-8: A bill for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Sections 8-30.1 of the CZO relating to Additional Rental Units (ARU) and more specifically, qualification requirements involving ARUs = COUNTY OF KAUAI, PLANNING DEPARTMENT. 5. All remaining public testimony pursuant to HRS 92 (Sunshine Law) G. CONSENT CALENDAR 1. Status Reports a. None for this Meeting. 2. Director’s Report for Project Scheduled for Agency Hearing a. None for this Meeting. H. GENERAL BUSINESS MATTERS 1. Clerk of the Commission’s Recommendation to Refer an Appeal of the Planning Director’s Decision related to the Denial of a 2022 renewal packet BY HEBGEN INVESTMENTS LLC for TVRNCU #4275 due to a failure to timely renew in 2022, Tax Map Key (4)45003001, Kapa‘a, Kaua‘i, received on May 23, 2022 via email for referral to Board and Commission as Contested case File No. CC-2022-4. 2. Amendment to Class IV Zoning Permit Z-IV-2000-27 and Use Permit U-2000-22 relating to an addition to the Kauai Police Department facility, involving a parcel identified as 3990 Kaana Street in Lihue, Tax Map Key: (4) 3-6-002:018 = COUNTY OF KAUA‘I. a. Director's Report pertaining to this matter (see agenda packet). I. COMMUNICATION 1. None for this Meeting. J. COMMITTEE REPORTS 1. Subdivision Committee a. None for this Meeting. K. UNFINISHED BUSINESS (For Action) 1. None for this Meeting. PAGE 4 PLANNING COMMISSION – JUNE 28, 2022 L. NEW BUSINESS (For Action) 1. ZA-2022-8: A bill for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Sections 8-30.1 of the CZO relating to Additional Rental Units (ARU) and more specifically, qualification requirements involving ARUs = COUNTY OF KAUAI, PLANNING DEPARTMENT a. Director’s Report pertaining to this matter (see agenda packet). M. EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions, issues, status and procedural matters. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Commission and the County as they relate to the following matters: 1. ZA-2022-8: A bill for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Sections 8-30.1 of the CZO relating to Additional Rental Units (ARU) and more specifically, qualification requirements involving ARUs = COUNTY OF KAUAI, PLANNING DEPARTMENT. 2. Clerk of the Commission’s Recommendation to Refer an Appeal of the Planning Director’s Decision related to the Denial of a 2022 renewal packet by HEBGEN INVESTMENTS LLC for TVRNCU #4275 due to a failure to timely renew in 2022, Tax Map Key (4)45003001, Kapa‘a, Kaua‘i, received on May 23, 2022 via email for referral to Board and Commission as Contested case File No. CC-2022-4. 3. Amendment to Class IV Zoning Permit Z-IV-2000-27 and Use Permit U-2000-22 relating to an addition to the Kauai Police Department facility, involving a parcel identified as 3990 Kaana Street in Lihue, Tax Map Key: (4) 3-6-002:018 = COUNTY OF KAUA‘I. N. ANNOUNCEMENTS 1. Topics for Future Meetings. 2. The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter, on July 12, 2022. The Planning Commission anticipates this meeting to be held in-person at the Lihue Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihue, Hawaii 96766. The Commission also anticipates providing telephone and a virtual platform capability for members of the public to testify remotely. The Commission will announce its intended meeting method via an agenda electronically posted at least six days prior to the meeting date. O. ADJOURNMENT NOTE: IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF BOARDS & COMMISSIONS AT (808) 241-4917 OR ASEGRETI@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. PAGE 5 PLANNING COMMISSION – JUNE 28, 2022 Pursuant to Section 8-27.8 (6) of the Kaua‘i County Code (1987), as amended, the following shoreline setback determinations by the Director are disclosed for purposes of public notification. June 28, 2022 SHORELINE SETBACK DETERMINATIONS Application No. Name of Applicant(s) Property I.D. (Tax Map Key) Location Development/Reasons SSD-2022-45 Christyl Nagao 2-8-015:014 Kōloa After the fact shed placement/ Rocky shoreline, required setback 90 feet, shed placement approximately 300 feet or more. SSD-2022-46 Basilio B. Fuertes 1-3-005:078 Kekaha New single-family dwelling and guest house/ Required setback 200 feet, Development proposed setback 400 feet. SSD-2022-47 Robert and Alison Leupold 2-6-022:017 Koloa New single-family dwelling/ Rocky shoreline, 100 feet high cliff bluff, required setback 100 feet from shoreline, proposed setback 470 feet from shoreline. SSD-2022-48 Greg Holder 5-3-004:004 ‘Anini Single-family dwelling / Stable shoreline, required setback from shoreline 60 feet, proposed setback from shoreline 267 feet. 1 KAUA‘I PLANNING COMMISSION REGULAR MEETING November 9, 2021 Draft The regular meeting of the Planning Commission of the County of Kaua`i was call to order by Chair Donna Apisa at 9:00 a.m., Webcast Link: https://www.kauai.gov/Webcast-Meetings. The following Commissioners were present: Ms. Donna Apisa Mr. Gerald Ako Mr. Mel Chiba Mr. Francis Degracia Ms. Glenda Nogami Streufert Ms. Lori Otsuka The following staff members were present: Director Ka’aina Hull, Deputy Director Jodi Higuchi Sayegusa, Shelea Blackstad, and Planning Commission Secretary Shanlee Jimenez, Office of the County Attorney – Deputy County Attorney Laura Barzilai; Office of Boards and Commissions Administrative Specialist Anela Segreti. CALL TO ORDER Chair Apisa: Called the meeting to order at 9:00 a.m. ROLL CALL Mr. Hull: Roll call Madame Chair. Commissioner Ako. Commissioner Ako: Here and by myself. Mr. Hull: Commissioner Chiba. Commissioner Chiba: Here and by myself Mr. Hull: Commissioner DeGracia. Commissioner DeGracia: Here and by myself. Mr. Hull: Commissioner Otsuka. Commissioner Otsuka: I’m here and by myself. Mr. Hull: Commissioner Streufert. 2 Ms. Nogami Streufert: Here and by myself. Mr. Hull: Chair Apisa. Chair Apisa: Here and by myself. Mr. Hull: Six Present, Madam Chair. APPROVAL OF AGENDA Mr. Hull: Next, we have the Approval of the Agenda. We have the same recommended changes to the agenda that the agency hearing, excuse me, the new business matters listed under agenda item M, directly follow the agency and public hearings respectively. Chair Apisa: Do we have a motion to amend the agenda as suggested? Ms. Nogami Streufert: I move to amend the agenda as suggested by the department, chair. Ms. Otsuka: I second. Chair Apisa: We have a motion on the floor, any discussion? All in favor? Aye. (Unanimous voice vote) Any opposed? Hearing none, motion passes, 6:0. the agenda as amended is approved. MINUTES of the meeting(s) of the Planning Commission Mr. Hull: The next Madame Chair is agenda item B, Minutes, we have the review and action on the May 11, 2021 Planning Commission minutes. Chair Apisa: Motion to approve, please. Mr. Ako: I move to approve the Planning Commission meeting dated May 11, 2021. Ms. Nogami Streufert: Second. Chair Apisa: We have a motion on the floor. Any discussion? All in favor, say aye please. (Unanimous voice vote) Motion passes 6:0 the minutes are approved. RECEIPT OF ITEMS FOR THE RECORD (None) Mr. Hull: Next, we have Receipt of Items for Record the will receive items for the record. 3 HEARINGS AND PUBLIC COMMENT Mr. Hull: Next, were on to Hearings and Public Comments. We received no requests for public testimony in advance and we have no attendees in attendance. Jodi just double check that we didn’t get any last-minute request for public testimony. Ms. Higuchi Sayegusa: We did not receive any registrants, and there are no attendees in the audience, but I mean if maybe we just do a quick pause, just in case if there’s anyone wanting to testify at this point on any agenda item. Mr. Hull: Is there any person on this meeting wanting to testify on any agenda item, not applicants if you’re an applicant you will have your time to speak but anybody in this meeting that would like to testify on any agenda item, please speak or raise your zoom hand if you will. Hearing none. New Agency Hearing SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-2) for the construction of a single-family residence and associated site improvements on a parcel situated along the makai side of Kaumuali'i Highway and immediately adjacent to the Kikialola Small Boat Harbor in Kekaha, further identified as 8948 Kaumuali'i Highway, Tax Map Key: (4)1-2-006:022, containing a total area of 2.601 acres= Lawa'i Properties LLC. Mr. Hull: Madam Chair, we’ll be on to Agency Hearing for Special Management Area Use Permit SMA(U)-2022-2) for the construction of a single-family residence and associated site improvements on a parcel situated along the makai side of Kaumuali’i Highway and immediately adjacent to the Kikialola Small Boat Harbor in Kekaha, further identified as 8948 Kaumuali’i Highway, Tax Map Key: (4) 1-2-006:002, containing a total lot area, excuse me, continue a total area of 2.601 acres, the applicant is Lawa’i Properties LLC. We did not receive any advance request for testimony. We have no attendees in attendance for the agency hearing, so at this time the department would recommend closing the agency hearing. Chair Apisa: Do we have a motion to close the agency hearing on Lawa’i Properties LLC? Ms. Nogami Streufert: I move to close the agency hearing. Ms. Otsuka: I second. Chair Apisa: Any discussion? Hearing none, all in favor? Aye. (Unanimous voice vote) Any opposed? Motion passes 6:0. Mr. Hull: Moving on, oh sorry, moving directly into the Director’s Report for this item, I’ll turn it over to Romio who’s the staff planner for this application for Lawa’i Properties LLC. 4 Staff Planner Romio Idica: Good morning, Madame Chair and Commissioners for your consideration of Special Management Area Use Permit SMA(U)-2022-2, for the construction of a second dwelling unit, detached carport and gravel driveway. Mr. Idica read the Summary, Project Description and Use, and Applicant’s Reasons/Justification sections of the Director’s Report for the record (on file with the Planning Department). Mr. Hull: Excuse me Romio, sorry to interrupt. Madame Chair can we take a ten-minute recess? Apparently we lost Granicus again. Chair Apisa: Yes, definitely, we will take a ten-minute recess and be back at 9:15-9:20, will that give you enough time? Mr. Hull: 9:20 should be perfect Madame Chair. Thank you, apologies for that. The Commission recessed this portion of the meeting at 9:10 a.m. The Commission reconvened this portion of the meeting at 9:20a.m. Mr. Hull: Madame Chair it’s 9:20, we were able to get Granicus up and running. Apologies for that hiccup there, but whenever you folks are ready. Chair Apisa: Call the meeting back to order. Roll call again please Ka’aina. Mr. Hull: Roll call Madame Chair. Commissioner Ako. Commissioner Ako: Here and by myself. Mr. Hull: Commissioner Chiba. Commissioner Chiba: Here and by myself Mr. Hull: Commissioner DeGracia. Commissioner DeGracia: Here. by myself. Mr. Hull: Commissioner Otsuka. Commissioner Otsuka: I’m here and by myself. Mr. Hull: Commissioner Streufert. Ms. Nogami Streufert: Here and by myself. Mr. Hull: Chair Apisa. 5 Chair Apisa: Here, by myself. Mr. Hull: Thank you Madame Chair you have a quorum. Six Present. I guess Romio you just want to pick-up where you left off in the report. The report has been provided to the Commission, it has been posted, it has been made publicly available. If you just want to pick up where you left off and segue into there. Mr. Idica: Oh, no problem, thank you. Mr. Idica continued to read the Summary, Project Description and Use, and Applicant’s Reasons/Justification sections of the Director’s Report for the record (on file with the Planning Department). Mr. Idica: That concludes my brief summary and before I read the Recommendations, is there any questions from Madame Chair or the Commissioners? Chair Apisa: None from me. Commissioners do you have any questions? Ms. Nogami Streufert: I have one question I guess, just one. Right now, there is a transient vacation nonconforming rental on the property, the Harbor House, and this is going to be a second one, it is a long-term rental right now. At some point in time does that than convert automatically to a nonconforming vacation rental, just because it’s on the same property? Cause it is on a, if the rights to it go with the land, then does this also become a nonconforming vacation rental? Mr. Idica: No, it can’t, in order to comply with both regulations, it would have to come before the Planning Commission to have that status. Ms. Nogami Streufert: Thank you. Chair Apisa: Any other questions from Commissioners? Mr. Ako: Madame Chair, I have a question. Are two dwellings allowed on that property or is that why they are at the Commission. Mr. Idica: Yes, there is, two dwellings are allowed on that property within the County open zoning, open, and State land use, urban, the density is one dwelling per three acres or if the lot is less than 10% sloping it can have one dwelling per one acre. So would be, the total lot, the square foot of the lot is 2.601 acres, so therefore it qualifies for the one for one (inaudible). Mr. Ako: Got it, thank you. Mr. Hull: And just to clarify, Mr. Ako, the reasons before you folks is actually because of the Special Management Area application, in that, the property does qualify for two dwelling units and generally in the open district, applying for as many units as the property qualifies for is an over the counter, ministerial, Planning Commission is not involved, there’s no public hearing. 6 But, when you’re in that special management area, that coastal area, within that area a second dwelling unit for this property, any dwelling unit proposed because of coastal impact would require a public hearing before the commission and your folk’s discretionary review. So, it doesn’t so much have to do with the dwelling unit, the house per se, as it does it’s proximity to the coastal area and it’s location within that SMA area. Chair Apisa: Very good questions, any others for the planner? Ms. Nogami Streufert: Okay, I have one, just for clarification. The western border of this property is, abuts a Japanese, Chinese cemetery, and I would assume that all the burials are within that category there? In the past we’ve talked about iwi that are, that go through the Historical Society protections, and everything else, but that also includes any other kind of bones or remains that might be found, is that … Mr. Idica: Yes, we will definitely take that into consideration, and of course being in close proximity to this cemetery, the applicant will make sure that proper monitoring is available, or if there is iwi found that the proper authorities will be notified. Ms. Nogami Streufert: Great, thank you. Chair Apisa: Good questions, anything further? Hearing none, and I believe the applicant is not present, is that correct? Mr. Ian Jung: Good morning chairperson, members of the commission, Ian Jung on behalf of the applicant Lawa’i Properties, with me is Ian Kagemoto who’s the principal member of Lawa’i Properties, he’s also on the call to answer any questions if you folks have any. Just from a quick standpoint of the project itself, yes, it is, it’s the second dwelling on property, it’s relatively modest, it’s intended as a long-term rental for the caretakers that help manage the property there. The program that’s going to be planned out is, you know, relatively small plantation style house, that will fit into the character of the neighborhood that exists out there by Kikiaola Small Boat Harbor. To double back on some of the questions that were raised. We acknowledge condition number three. So as part of the building permit, we’re required to prepare a deed restriction that restricts this particular (inaudible) from being any type of vacation rental, so that will be placed into the deed so there will be a restriction on that moving forward and notice to all future owners that it can never be used as a vacation rental that particular new home. And then with regard to any potential archeological finds as you folks all know there is a requirement, that during the engagement of construction if you do find anything you have to stop construction and contact SHPD. This particular structure is a small post on piers, so there only setting the footings relatively shallow about eighteen inches, so it’s not expected that any impacts would be found on this property. So, if you have any question, I’m happy to answer them, and again, Ian Kagemoto is with me on the call so we can answer any questions collectively if you have any. Chair Apisa: Open it up to Commissioners, you have any questions of the applicant? Going once, hearing none are we ready for the Director’s, I believe we’re ready for the Director’s conclusion. 7 Mr. Idica: Based on the foregoing evaluation, in conclusion, it is hereby recommended special Management Area use permit SMA(U)-2022-2 be approved with the conditions as outlined in the Director’s Report. Chair Apisa: Thank you. Open it again to any comments or questions at this time before we go to a vote. Hearing none, is there a motion proposed? Ms. Nogami Streufert: I move to accept the Director’s Report permitting the Special Management Area Use Permit SMA(U)-2022-2 Ms. Otsuka: I second. Chair Apisa: We have a motion on the floor, is there any discussion on it? Hearing none, Ka’aina can we take a roll call please. Certainly, Motion to approve SMA(U)-2022-2 roll call. Commissioner Ako. Commissioner Ako: Aye Mr. Hull: Commissioner Chiba. Commissioner Chiba: Aye Mr. Hull: Commissioner DeGracia. Commissioner DeGracia: Aye Mr. Hull: Commissioner Otsuka. Commissioner Otsuka: Aye Mr. Hull: Commissioner Streufert. Ms. Nogami Streufert: Aye Mr. Hull: Chair Apisa. Chair Apisa: Aye. Motion is approved, 6:0. Thank you. Mr. Jung: Thank you, Commissioners, for your time, we appreciate it. Chair Apisa: Congratulations. 8 New Public Hearing ZA-2022-1: A bill (2834) for an ordinance amending Chapter 8, Kaua’i County Code 1987, as amended, relating to the Comprehensive Zoning Ordinance, and Chapter 22, Kauai County Code 1987, as amended, relating to Public Health Safety, and Welfare. The purpose of this ordinance is to protect health, life, and property and to conform with the General Plan to ensure that future contracts and agreements do not limit or prohibit Long-Term Rentals, ARUs, ADUs, and Guest Houses = Kaua’i County Council. Mr. Hull: Moving on to agenda item F4. New Public Hearing for ZA-2022-1: A bill for an ordinance amending Chapter 8, Kaua’i County Code 1987, as amended, relating to the Comprehensive Zoning Ordinance, and Chapter 22, Kauai County Code 1987, as amended, relating to Public Health Safety, and Welfare. The purpose of this ordinance is to protect health, life, and property and to conform with the General Plan to ensure that future contracts and agreements do not limit or prohibit Long-Term Rentals, ARUs, ADUs, and Guest Houses = Kaua’i County Council. We have no registered testifiers. There are no members in the attendee area for the meeting. With that the department would recommend closing the public hearing for this matter. Ms. Otsuka: I move to close the New Public Hearing, ZA-2022-1. Kaua’i County Council, excuse me. Ms. Nogami Streufert: Second. Chair Apisa: We have a motion on the floor, any discussion? All in favor, just a voice vote, please. All in favor. Aye. (Unanimous voice vote) Any opposed? Hearing none, the motion is approved. Motion passes 6:0. The Hearing is closed. Mr. Hull: I’m moving on directly into the agenda item for Bill 2834, ZA-2022-1. I’ll turn it over to our staff by introducing to the commissioners, Shelea Blackstad. She’s one of our new planners, she’s actually been in our office for some time now, integral to other areas of our operation, but now will be part of our regulatory team. With that, Shalea, I’ll turn it over to you for Director’s Report on this item. Ms. Blackstad: Good morning, Madam Chair and Commissioners. For your consideration of a bill 2834 for an ordinance amending Chapter 8 Kaua’i County Code 1987, as amended, relating to additional dwelling units on residentially zoned lots. Permit number is ZA-2022-1 and the applicants is the Kaua’i County Council. The proposed legislation adds new language under Section 8-15.26 of the Comprehensive Zoning Ordinance to encompass the provision set forth in Chapter 2022. Sorry. Chapter 22 Kaua’i County Code 1987, as amended, limiting or prohibiting long term rentals additional dwelling units, additional rental units and guest houses. Chapter 22, Kaua’i County Code 1987 Section 22 through 28.2 covenants, conditions, deed restrictions, and declarations of condominium property regime, Association Bylaws, and any other agreements that run with the land shall not limit or prohibit long term rentals additional dwelling units, additional rental units, and guest houses. The draft bill finds that many subdivisions have civil provisions that are stricter than the Comprehensive Zoning Ordinance. 9 These civil prohibitions against long term rentals, with any home and prohibitions against additional dwelling units, these types of prohibitions can exclude lower income families for many neighborhoods and increase the cost of housing Island wide. The draft bill finds that increasing access to housing Island wide is also critical to help reverse the exodus of families from Kaua’i, are forced to move away because of the high cost of housing, giving families more flexibility over the use of their own properties in ways that are consistent with the seasonal also ensures that families can build multi-generational housing on their property so Kaua’i General Plan recommends incentivizing housing developments within existing communities, in order to leverage existing physical and social infrastructure, while preserving vital open space. The plan specifically cites ASUs and the future potential of ARUs as we increase housing opportunities in existing communities. The General Plan further states that communities that cater to a high-end market, resulting and includes a similar household incomes and housing types are no longer acceptable, new communities must further the goals of sustainability, including opportunity. To help achieve these goals it includes a specific action item to prohibit future subdivision and development from restricting construction of ADUs in their Deeds and Covenants. Additionally, the general plan states that there is an insufficient amount of affordable housing for the disabled, elderly, homeless individuals and families and young families. The lack of affordable housing resorts and overcrowding, which in turns fuse the demand for illegal or substandard housing units. These substandard housing units often do not comply with building requirements and endanger the inhabitants. The 2014 homeless utilization report identified 300 unsheltered house list individuals on Kaua’i. The houseless community increases yearly with several large encampments that lack running water, basic sanitation and have higher incidence of criminal activity. Kaua’i needs homes for young families, the disabled, elderly houseless, and impoverished to protect health, life, and security for all its residents. So, in reviewing the proposed legislation, the following aspects should be taken into consideration. The proposed amendment is to be evaluated pursuant to Section 8-3.4d of the Kaua’i County Code as amended relating to the consideration of a proposed amendment, and it reads consideration. In considering an amendment the Planning Commission shall consider the purposes of the existing and proposed changes to the Zoning Ordinance in changing the zoning map or section not be made unless the change will further the public necessity and convenience and the general welfare. The county of Kaua’i, as well as the rest of the State, are in the midst of a housing crisis. The Department has observed that increase in housing demand, do not correspond to a matching increase in supply, ultimately resulting in high housing costs, which inevitably prices many local families out of the housing market. The department finds the amendment consistent with the Kaua’i General Plan and is necessary to address the current housing shortage on Kaua’i for the following reasons: The Kaua’i County 2018 General Plan updated socio-economic analysis and forecast in 2014 noted that the County had a housing deficit of 1400 units and a demand that is projected to increase by approximately 9000 units by 2035. Kaua’i County 2018 General Plan Section 1.4, entitled, “Policies to Guide Growth”, policy number 2 provide affordable housing while facilitating a diversity of privately developed housing for local families. The proposed legislation prohibits future contracts and agreement from restricting long term rentals, ARUs, ADUs, and guest houses. The proposed legislation gives families more flexibility to build multi- generational housing. Section 3.0, actions by subsection sector 2 entitled, “Housing for New Communities”. Here are the following listed actions for code changes, a. to prohibit future subdivision and development from restricting construction of ADUs in their Deeds and Covenants. The proposed draft bill implements these exact code changes recommended by the 10 General Plan prohibiting future subdivision and developments from restricting construction of ADUS in their Deeds and Covenants based on the foregoing findings and evaluation. It is concluded that the proposal is reasonable and appropriate. It is consistent with the Kaua’i General Plan and will further, further the public necessity, convenience, and the general welfare. Based on the foregoing evaluation and conclusion it is recommended that the subject request to amend Section 8-15.2. Number 6 of the Comprehensive Zoning Ordinance 1987 as amended relating to the provisions of chapter 22 Kaua’i County Code 1987 as amended section 22 to 28 limiting or prohibiting long term rentals, additional dwelling units, additional rental units and guest houses be approved. This concludes my directors report. Chair Apisa: Thank you very much. Shelea, is that correct, is that your name? Shelea, thank you, very much, very good report, welcome to the, being a new Planning Director, Planner. Commissioners any questions for Shelea? Ms. Nogami Streufert: Good morning, thank you for joining us, Shelea. I have a question about ADUs in vacation destination areas, because it doesn’t prohibit ADUs from being built in VDAs. If an ADU were to be built in a VDA, in a new subdivision, would it automatically qualify as a vacation rental? Ms. Blackstad: I’m going to defer this to Ka’aina. Mr. Hull: Thanks, Shelea. Yeah, Commissioner Streufert, within the Visitor Destination Area, if a single-family unit, a multi-family unit, or even an ADU are constructed there, because of the rules of Visitor Destination Area, they all can be used as a vacation rental uses. Ms. Nogami Streufert: Do we have any more, how many more vacation destination areas do we have that have not already been subdivided? Are there… Mr. Hull: So the main vacation rental vacation destination areas you have are Princeville, the Coconut Coast in Kapa’a and parts of Wailua, down by, essentially the Marriott Hokuala here in Lihue, much of Poipu, and then a portion of Waimea where the Plantation Cottages are, so portions of the Plantation Cottages have not been subdivided. There are portions of land within the Marriott Hokuala area that have not been fully subdivided, if you will. There are, you know, there's still some opportunity for subdivisions depending on the project or the proposal in the Coconut Coast improvement that can still be subdivided. As far as large-scale tract subdivisions, that you’re talking like 20,30,50,60 units. That is only still possible really in parts of the, of the Hokuala Marriott area here in Lihue. You don't really have large tracts of land un-subdivided in the Coconut Coast that are left, you've got a few that are looking at more hotel, have entitlements for hotel developments, but you don't have much large tract area for massive or large-scale subdivisions. Ms. Nogami Streufert: The bill I think is intended to increase housing for non-visitors, as I read this. Could this also increase the number of transient vacation rentals some? Mr. Hull: For the bill itself, no, the bill doesn't affect density, all the bill essentially addresses is when private covenants are set up for AOAs or associations, homeowners associations that explicitly those AOAs covers those rules which are civil rules, cannot prohibit long term rentals, 11 cannot prohibit ARUs, cannot prohibit ADUs. I think, you know, some of the messaging that came out with this proposed bill and has been a focus and is a valid focus is that there have been a few cases in the visitor destination area that have AOAOs and private covenants whereby individuals in those VD areas where they're allowed to vacation rental their properties, had attempted to long term rent some of their rooms, and the AOAOs came in and prohibited them from long term renting. Which, in the middle of a housing crisis, you know, we are respecting the constitutional rights of vacation rentals to operate in the VDA. You know a lot of the policy makers and people in the community were applauding these vacation owners for trying to long term rent. And, lo and behold, the AOAO comes down and shuts down the long-term rental. So that created a fair amount of concern and I think partly some of this policy that was proposed by by Councilmember Evslin. But then on the flip side of that I think would really speak to, you know, possibly, much more inventory being created on a housing side, is that you do have a lot of residential subdivisions that got rezoning, like say R4 or R6 or what have you 1 or 2. It was they can build one dwelling unit per house and they also enjoy the ability to have ADUs and ARUs. But in their private covenants, they have established that ADUs, and guest houses are hereby prohibited. So you have families buying into these properties that are primarily residential some of them here in Lihue, and they come into the Planning Department to get permits for an ADU, or for a guest house now because what's allowed under the zoning ordinance we absolutely sign off on those permits. But if they construct them their AOA or ARO could technically find them and even foreclose on them for constructing one of these units, even if it's in an attempt to address family housing needs. And, and on a much more, I think , massive scale but concerning the TVRs and that area, there is, you know, some merit to the bill but the department sees has seen a lot of residential AOAO set up to, you know, limit the density that the policymakers here in the County, where it's with Planning Commission, the Mayor's Office, and Council have, you know, someone assigned to these areas and build up increase density, we're trying to reduce housing prices, and you know somebody else was coming in and smothering that if you will. And so that's that's really at the crux of this bill is as myself surely and the rest of staff have read it and are in support of that. Ms. Nogami Streufert: Thank you. Chair Apisa: Ka’aina thank you for that detailed explanation. And I see two different things in there that may be subtly different, but one is renting the entire home as a long-term rental which, and another thing is like living in it and renting a room out. So that's, if it were a vacation rental would be more like a B&B but what they're saying is rent it to a resident. So, it's not renting the entire property to a long-term resident, it's renting a room in your home to someone, so I see it. Is this bill, reaching out into that area also, where it doesn't, it makes it able to rent a room in your home? Well, I guess I'm a little unclear on exactly what the bill is. Mr. Hull: So, the thrust of the Bill really goes down to Section 8-, sorry section 22-28.2 limiting our (inaudible) reads that covenants, conditions, deeds, restrictions, declarations of condominium property, and association bylaws and other agreements that run with the land shall not limit or prohibit,1. long term rentals, 2. additional dwelling units, 3. additional rental units, and 4. guest houses from a permanent standpoint, it's the ADU, ARU and guest house that basically says you can have (inaudible)homeowners can apply for permits and construct and utilize ADUs, ARUs and guest houses. The first one goal shall not forever long-term rentals. That's just an 12 overall use of existing facilities so if you have an existing house on a property. And the way that we've read this, and I believe the County Attorney who helped draft this with Councilmember Evslin intended was there's no restriction on long term rental whether you're renting out the entire house for long term rental or if you're renting out single bedrooms for long term rental. We get the question at planning as well, like oh I want to rent my room out and I know you guys prohibit them. We just look at them, no you're absolutely allowed in the residential district to rent out a room on a long-term basis. Chair Apisa: Thank you, then I think the distinction would be as long as it's a shared household with a shared kitchen, and that there's not a lock off with the microwave or stove or something, is that correct? Mr. Hull: Yeah, and we handled that within our own review of the site itself. So, we actually would prohibit, allowing an additional kitchen in a bedroom without unnecessary permits if they wanted to convert that into a guest house with a kitchen or an ARU with a kitchen that's totally fine. All the Bill’s getting at is that regardless of whether or not there's a kitchen in the separate bedroom or not, that in either scenario covenants cannot prohibit the long-term use of that, that unit. Chair Apisa: Thank you. Mr. Hull: America just to clarify to for you folks in this bill is actually mainly addressing Section 22 of the Kaua’i County Code which the Planning Department and the Planning Commission, we have no jurisdiction over that. The reason it’s before the Planning Commission is because there's a small section in the ADU law that states that, you know, providing ADUs will not affect private covenants or deeds that Council needs to amend to address that. But from a section, 22 standpoint, what it is getting at is the department isn't actually enforcing these prohibitions, to a certain degree we will when CPRs, are done the real estate commission submits the AOL documents to us, and we do, let the Kaua’i Real Estate Commission know if they're in conformance with the law, so during that process, we would inform, if this bill passes, we would inform any future proposed condominium property regimes, we would inform the Kaua’i Real Estate Commission, if it's attempting to prohibit (inaudible) and ARUs that that's not legal and, and generally though, in theory that the Kaua’i Real Estate Commission would not allow the CPR from going through until that policy had been removed. The second action for some reason it gets passed that are separate covenants are set up outside of the Kaua’i Real Estate Commission's authority. The bill is set up for the homeowner to be able to do a private right of action, i.e., sue his or her Association in court to get that policy overturned. Chair Apisa: Thank you. Commissioners any questions. Ms. Otsuka: I have, I have a question. I'm not sure if this is correct. So, say a homeowner builds an ADU and gets the permit for long term rental, and that long term renter leaves, so that ADU is vacant for several months, and the homeowner needs income. How is it enforced if he will not rent it to a non, a person living here. Chair Apisa: A vacationer? 13 Ms. Otsuka: Who vacation enforcement. It is possible. Mr. Hull: If it is a great question Commissioner Otsuka. The, if it’s in the VDA then technically the ADU could be used for vacation rental opportunities. When it’s outside the Visitor Destination Area some construction ADU for a long-term rental outside of Visitor Destination Area say here in Lihue, and the tenant leaves, if they attempted to rent it as a vacation rental. it will be on our enforcement divisions responsibility to be able to identify and shut the shut that operation now. Ms. Otsuka: How would the Enforcement Unit be aware of this? Mr. Hull: We didn't get it right now, but it may be appropriate if you guys want us to at a later time schedule a briefing on vacation rental enforcement, because there's a question that comes up a fair amount. But the way our vacation rental enforcement works is, for several years we've had a team of enforcement officers that are dedicated solely to vacation rental enforcement. All the others, you know zoning violations, whether it's, you know, converting a garage into a kitchen in the habitable structure to illegal chicken coops, all that stuff, all that's by complaint. We're not out there actively searching for illegal dwelling units or, you know, illegal sheds or what have you. That's all complaint driven we get a complaint we log it and we do an investigation. The only use that we are actively out there pursuing and looking for are illegal vacation rentals. And that is a program that is pretty much built entirely online, in which our enforcement team. our vacation rental enforcement team proactively monitors the World Wide Web, and various booking sites to identify advertisements in the areas that are not supposed to have vacation rentals. In addition to the team that we have. We also have a contract with a company called Host Compliance, that also uses data driven algorithms to essentially help determine where these users are and whether or not they're legally operating. And then lastly, as some of you may know we actually signed, and we're one of the first municipalities to come into a voluntarily, voluntary memorandum of understanding with Expedia, VRBO, Home Away, and Airbnb, in which they provide us a list with every single advertising operator on their websites advertising vacation rentals, and those that we find is illegal. We shut down through them and then those platforms also kick them off their platform. So, it's a, it's a very robust enforcement program that essentially weaves through the World Wide Web advertisements of all location rentals here on the island. And so through that web or net if you will. We were generally catching the illegal operators. Ms. Otsuka: Thank you. Mr. Ako: Madam Chair I have a question. You know, I, for myself I think I truly understand, you know, and the purpose of the bill that is coming forward for us here. I think at the same time in my mind what’s going on is that, you know, as commissioners here or as government intervention. What we do is to paint that bright line yeah and I think this for this one here the bright line becomes, where does government prevention ends, and when does the property owner rights, I guess whether the property owner right’s ends and government intervention ends, in these cases here. And I guess my real question becomes, has there been a bunch of cases that, apparently there hasn't been any cases on Kaua’i anyway, set some kind of 14 practice in terms of where this is going, but in terms of law is there something in the other Counties that have done this already, or is this Kaua’i trying to be that precedent setting. Mr. Hull: Ah, it's a good question Commissioner Ako. When it comes to actual habitable covenants and prohibitions on those. I believe this will be the first. Having AOAOs overruled by government to say no, you guys aren't going to go there, there is precedent for that. During, you know, big move at the legislature and, which is still continuing when addressing, excuse me, carbon emissions or being able to have more, you know, solar, or some green uses on their property. Many AOAOs explicitly have a provision prohibiting clotheslines, and whether it's you want it to be green, or just from a monetary standpoint, the prohibition on clotheslines is a fairly standard thing to have in an AOAOs restrictive covenant. The state legislature came in and said no, you're going too far, while that might have a certain look and feel to it that is undesirable by the AOAO. When it's talking about carbon emissions our need to be more efficient, and sometimes just the overall cost of living standards they came in and said no, we are prohibiting any prohibitions on clotheslines. I believe the same thing might have happened with solar panels as well, but I'll have to double check. So, Commissioner Ako there is precedents for government here in Hawaii overriding civil covenants that are done to AOAOs. I don't know as far as habitable structures if anything has gone this far though. Ms. Nogami Streufert: I know, well, but this is for the future this is not, this does not pertain to any covenants or any regulations that are currently in effect is that correct. Mr. Hull: Yeah, so if the covenant. If the bill passes, right. Say as an example if the bill passed on December 1 sorry January 1 of 2022. Any covenant that existed prior to January 1, 2022, that restricted ARUs, long term rentals would not be affected, they would be grandfathered in, and they would stay as is. Ms. Nogami Streufert: Thank you. Mr. Hull: I can see, you know, there, there has been a fair amount like I would say almost once a month, we get an inquiry about, you know, wanting to build a small guest house in (inaudible) it’s a subdivision, as an example of that has a restrictive covenants on no ADUs, or guest houses on, I believe the vast majority of the lots because of lot size, we explained to them we will absolutely permit a guest house because you're entitled to it under the zoning law. And then, you know, all I have my AOA doesn't allow it so, can you just permit this room for having a kitchen in it and tell them I qualify. Well, you qualify for it, but we, you know, you'd have to get the permits for it, but it's a back and forth where we do get a fair amount of inquiries for subdivisions like (inaudible) that would like to lower their individual lot on or would like to construct a smaller unit for for housing purposes that are just, you know, not allowed to because of the covenant. And then, you know, there's an argument to be made that you bought into that property knowing that covenant was there, but also knowing that there are not many subdivisions, there’s not many inventories here on Kaua’i. It was really the only option. The Bills is simply trying to set up a provision where the few subdivisions that do come online, you know, aren’t necessarily going to push away, individuals from being able to do these smaller units, in addition to their main dwelling. 15 Ms. Nogami Streufert: Thank you. Chair Apisa: Ka’aina, I just had another thought just being in the business of property management. I wonder how this would affect landlords, and long-term rental agreements. Now, like, if a property is already long term rented the owners not living there there's a tenant, does the tenant now have a right to add more people to live there. It's. It was probably not thought of but just being in the business. Houses rented to four people, and they add two or three more people or one person. Typically, the rental agreement does not allow subletting. And so, would this affect rental agreements with tenants to add more tenants into the same property, because as rents are being driven up, I can see that that is going to be an offshoot, and I'm not taking a position on it I'm just bringing it up, or as a point to bring it to everyone's attention. Ms. Barzilai: Excuse me, Madam Chair it's Laura, County Attorney's Office, if I may step in, I believe that the that the lease or the rental contract would still control in those circumstances and that is unrelated to this proposed bill. Chair Apisa: Okay, thank you. Commissioners any other questions or comments? Mr. DeGracia: Yes, Madam Chair, this is a Commissioner DeGracia, I have a question. I guess this for the Department, say this Bill gets adopted, approved, what is the projected increase in units as it was identified in that, I guess that socio economic analysis that there was going to be a shortage of 9000 units by 2035, how this going to impact as far as increasing and being able to meet that challenge? Mr. Hull: That's a wonderful question Commissioner, we don't have a projection on this, just because of that is contingent upon new subdivisions coming online right. I think we've got one major subdivision coming online in over the next three or four years is kind of the next phase of the (inaudible). I'm not even sure if this would apply to that because they may have already come up their covenants and they're already in play and they may restrict ADUs we can find that out. Aside from that subdivision, we don't have many on the horizon. To tell you the truth, as far as large-scale residential subdivisions. So being able to project it is contingent upon one, large scale subdivisions being able to move in, and then two, like the existing subdivisions, we're clear because in the code for 20-30 years they had guest houses and ADUs as a standard type of us in the residential district. They. So, you look at some of these components that make the (inaudible) has and some in other parts of the island, very clear, you can't have a guest house unless you're a bigger property or you can’t have an ADU period. There's a question with this bill passing whether or not some of these owners in those existing subdivisions may go after the ARU ability because the covenants are unclear as far as ARUs which are somewhat of a separate animal from ADUs and guest houses. And depending on how hard the AOAOs, push back on them for ARUs. I can say, me personally I've had at least four inquiries in the past three months for Pikake subdivision alone for ARUs which they just didn't want to test the might, be it as you will of the AOAO coming in and fining them and possibly foreclosing on them. It’s a case-by-case analysis Commissioner that it's hard for us to project, quite honestly. Mr. DeGracia: Thank you, Ka’aina. 16 Chair Apisa: Commissioners, anything further? If not, I believe we would go to the Director’s recommendation. Mr. Hull: Madam Chair, being that it’s a zoning bill, Shelea did just actually read the recommendation, unlike the permits, which have some of these conditions if we're recommending approval. This we don't have any proposed amendments to the Bill and we are recommending approval. If you folks have other questions or need any mor information, we're open to that as well. Chair Apisa: Commissioners, the floor is open to further questions or comments, or we would entertain a motion. Ms. Nogami Streufert: I move to approve Bill 2834 for ordinance amending Chapter 8 Kaua’i County Code 1987 as amended, relating to additional dwelling units on residential rezoned lots. Ms. Otsuka: I second. Chair Apisa: We have a motion on the floor is there any further discussion? Ms. Barzilai: Madam Chair, excuse me it’s Laura, County Attorney’s Office. Pardon me, but I believe that the proper phrasing with the motion might be to approve zoning, approve or deny zoning amendment ZA-2022-1, as opposed to approving of the Bill. Perhaps we can ask Commissioner to rephrase the motion, motion to approve or deny the amendment. Ms. Nogami Streufert: I move to approve the ordinance amending Chapter 8 Kaua’i County Code 1987 as amended relation to additional dwelling units on residentially zoned lots. Chair Apisa: And referencing ZA-2022-1. Ms. Nogami Streufert: Referencing ZA-2022-1 Ms. Otsuka: I second. Chair Apisat: Thank you, any discussion on this. I call for the vote Ka’aina, if you would take it, please. Mr. Hull: Roll call Madam Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner DeGracia? 17 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: The motion passes 6:0, Madam Chair. All remaining public testimony pursuant to HRS92 (Sunshine Law) CONSENT CALENDAR Mr. Hull: With that we move on to Consent Calendar. There’s only one agenda item on the consent calendar, being that it’s the consent calendar all we need is the motion to approve, unless one of the Commissioners would like to remove the item on the consent calendar for discussion. Chair Apisa: Commissioners either comments or a motion to approve the consent calendar. Ms. Otsuka: Are we just, it’s just a calendar or receiving of the status report. Mr. Hull: So, it would just be, so, generally the consent calendar will have multiple items on various status reports, all these different things. If you want to remove a status report on one of the agenda items, then you would either make a motion to do so, Commissioner, it may come across a little strange cause there is only one item on the consent calendar, on this one, but it will be a motion to approve the consent calendar if you’d like to move forward with it, or if you’d like to discuss the item, it will be a motion to move off of consent calendar the agenda item and place it on general business. Ms. Otsuka: I make a motion to accept the consent calendar. Mr. Ako: I second. Chair Apisa: Again, we have a motion on the floor is there any discussion? If not, all in favor to accept the consent calendar as submitted. All in favor, I think we can do a voice call on this. All in favor? Aye. (Unanimous voice vote) Any opposed? Not hearing any. Motion is carried 6:0. 18 GENERAL BUSINESS MATTERS Mr. Hull: Thank you all, Madame Chair, we’re on to General Business, there’s none. COMMUNICATION Mr. Hull: No Communication. COMMITTEE REPORTS Mr. Hull: On to Agenda Items, K, Committee Reports the Subdivision Committee, I’ll turn it over to Sub-Committee Chair DeGracia to report. Mr. DeGracia: Thank you for the subdivision committee in attendance was myself, Commissioner Ako, Commissioner Chiba one item was approved, it was approval of the tentative subdivision application number S-2022-3 Whiptail Wallaby, LLC. That concludes my report Chair Apisa: And we need a motion to approve. Mr. Ako: I move to approve the report of the subdivision committee. Ms. Nogami Streufert: Second. Chair Apisa: Any discussion all in favor of voice call place I. All in favor say aye. (Unanimous voice vote) Any opposed. Hearing none. Motion passes 6:0. UNFINISHED BUSINESS (For Action) Mr. Hull: Moving on, we have no agenda item for Unfinished Business, L. NEW BUSINESS (For Action) Mr. Hull: M, New Business was handled with the respective agency and public hearings. ANNOUNCEMENTS Topics for Future Meetings The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter on December 14, 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: So next we’re on to agenda item and Announcements topics for future meetings. We have no additional meeting scheduled for the fourth week of November, with the Thanksgiving holiday. And as I think many of you are aware and kind of discussed before December 14 will be our last remaining meeting for the Planning Commission in 2021. And it is anticipated to have a 19 fair amount of public testimony and discussion, we have so far scheduled the application for the green residence over in kilowatt hour, which has garnered a fair amount of public testimony, as well as the Princeville application for glamping for lack of a better phrase, the actual application for the proposed luxury or high-end camping sites, in Princeville, which also generally garners a fair amount of testimony. That's being also proposed within the shadow of the prohibition on developed campgrounds in the open district that's in council right now. So right now, we only have two agenda items scheduled for December 14, but they are. They've they, they're going to come with a lot of testimony and a lot of discussion so I just say, because literally we wish we could have had a nice easy calendar year at the end of the year but this one's gonna, this one will take a fair amount of discussion and, and review so we appreciate your patience and commitment to that meeting in December. Outside of those two agenda items you don't really have anything else set. Moving on, in the calendar, the 2022 calendar year. We have a handful of applications coming we’ll also be proposing a fair amount of policy changes from our side as far as amendments to various parts of the zoning ordinance over the next four to five months. So be prepared for that. And then, aside from that there's any particular items for briefing or what have you, that commissioners are interested in the Department working with the chairs are open to scheduling additional items. ADJOURNMENT Chair Apisa: Thank you. We had a fairly light agenda today so we shouldn't be rested up and we have a month to prepare for December 14 and we'll be prepared to go out with a bang. Hearing nothing further I entertain a motion to adjourn. Ms. Otsuka: I move to adjourn. Ms. Nogami Streufert: Second. Chair Apisa: All in favor, a voice vote, please. All in favor? Aye. (Unanimous voice vote) Motion passes 6:0. Chair Apisa: Thank you all very, very much. The meeting adjourned at 10:15am. 20 Respectfully submitted by: _________________________ Anela Segreti Administrative Specialist ( ) Approved as circulated (add date of meeting approval). ( ) Approved as amended. See minutes of meeting. 1 KAUA‘I PLANNING COMMISSION REGULAR MEETING December 14, 2021 Draft The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Chair Apisa at 9:03 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 9:03 a.m. ROLL CALL Planning Director Kaaina Hull: Madam Chair, its 9:03, I believe everyone is present and I believe we are ready to start at your discretion. Chair Apisa: Great. I call the meeting to order. Starting with a roll call, please? Mr. Hull: Roll call, Madame Chair. Commissioner Ako? Mr. Ako: Here and by myself. Mr. Hull: Commissioner Chiba? Mr. Chiba: Here and by myself. Mr. Hull: Commissioner Cox? 2 Ms. Cox: Here and 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 and 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 has one recommended change to the agenda, pertains to agenda item H, Executive Session H.2, pertaining to the evaluation of the Director. The Department will respectfully request that it be moved to the end of the agenda so not to take the place of other items that members of the public may want to testify or watch the proceedings. That’s the only change we have to recommend today on the agenda Chair Apisa: A question. Would we take M.1, I think its M .1, and change it to follow F.1? Mr. Hull: I apologize. Yes, that is probably appropriate as well. The Department would recommend two changes, that one, the Executive Session pertaining to the Director be moved to the end of the agenda with the meeting adjournment to immediately follow, and that M.1, New Business directly precede Item F.1, concerning the Special Management Area Use Permit 2022-1, for the Phillip J. and Linda M. Green application. Chair Apisa: Do we have a motion to approve the agenda? Ms. Nogami-Streufert: I move to… Ms. Cox: Go ahead, Glenda. Ms. Nogami-Streufert: I move to Amend (inaudible). Deputy County Attorney Laura Barzilai: Excuse me, Madame Chair. Good morning, its Laura, 3 County attorney’s office. Maybe we can have the motion again, after folks are asked to mute, I was not able to hear. Thank you. Ms. Nogami-Streufert: I move to amend the agenda as suggested by the Planning Department, Chair, Planning Department. Ms. Cox: Second. Chair Apisa: And there was a second? Ms. Cox: Yes, I seconded it. Chair Apisa: Thank you all. Any discussion on this? Hearing none, I think we could do a voice call. A roll call everyone says, “aye.” 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: Motion passes, Madame Chair. Moving on to D., Minutes of the Planning Commission. You have review and action on the June 08, 2021, Meeting Minutes and the July 13, 2021, Meeting Minutes. You can take action on it individually or together. Chair Apisa: Do we have a motion to approve them together unless, someone would rather do it individually? Ms. Cox: I move that we approve the Minutes of June 08, 2021, and July 13, 2021. Ms. Nogami-Streufert: Seconded. Chair Apisa: Okay. We now have a motion to approve the Minutes of June 08, 2021, and July 13, 2021, Meeting. All in favor voice vote call, please. All those in favor? Aye. (Unanimous voice vote). Any opposed? Hearing none. Thank you very much Motion Carried. 7:0. RECEIPT OF ITEMS FOR THE RECORD (None) HEARINGS AND PUBLIC COMMENT Mr. Hull: Next, we have Hearings and Public Comments. The Planning Commission accepts written testimony for agenda items within 24-hrs and transmitted to the commission. A number of pieces of testimony were transmitted to the commission for the Special Management Area Use Permit 2022-1, the applicant is Phillip J. & Linda M. Green. Written testimonies were transmitted to you folks in a supplemental transmittal, and it is available publicly. At this time, we will entertain or hear any members of the public that would like to testify on any of the agenda items. For those who would like to testify specifically on the agency hearing item for the Green’s you can do so now, or you can wait until we actually call the agency hearing portion as well. At this point… 4 Deputy Planning Director Jodi Higuchi Sayegusa: Maybe, sorry to interrupt, but maybe at this point I will go through the registry if that is, okay? Mr. Hull: Yes, Jodi, I was going to turn it over to you for individuals who already signed up and after a while I will call for members of the public who did not necessarily signed up but who still would like to speak on any of the agenda items. I will turn it over to you. Ms. Higuchi Sayegusa: Thank you. So, again, I am just going to go through the registry for the meeting in order as I see it. First, registered speaker we have is Ann Eu? I do not see the email that was used to registered on the attendee list. Next, we have Kapua Chandler? I moved you to a panelist at this point. Chair Apisa: Someone needs to mute their phone, please. Ms. Cox: Jodi, there is Kapua’s written testimony, never mind, there she is, there she is, okay. Ms. Kapua Chandler: Kalamai. There’s a couple of Kapua’s, that’s Kapua Sproud I’m Kapua Chandler. Ms. Cox: Yes, right, Kapua. Ms. Chandler: All good. Aloha mai kakou. Aloha Commissioners for taking time on this really important subject. My name is Kapua Chandler, and I am a native Hawaiian lineal descendent of Kilauea and Kahili, and I am testifying today, in strong opposition to Phillip and Linda Green’s permit applications to build beyond the 1982, setback line for Nihoku. And I guess you guys saw in a lot of the testimony, I’m just going to give a quick summary in my testimony because it is a lot of information that kupuna have, basically kupuna of our community for the last 40 years, brought out from their old files, which was really helpful in us learning a lot of new information recently. And one of those pieces was specifically from the Planning Department and it was from 2002, when an application was submitted and it (inaudible) for the Green’s application permitting process. But essentially, there’s a history of the SMAs, there was one in 1982, for (inaudible) the Seacliff development and then there is another one from 1994. And so, what I want to read for you folks today, is from your staff at that time, and it says, “the project application indicates that the proposed structure is to be located within the area identified as the 1994 setback. The 1994, setback line was approved by the Planning Commission on November 4, 1994, as part of the master plan multi-property project involving subdivision of three agriculture lots into market lots, Ag. lots, a 90-acre community Ag. park, a 9.5-acre school site, and a botanical garden lot with a development of a related infrastructure. However, the Conditions of approval of these permits have not been met and the two-year duration of that SMA permit as indicated on the County of Kauai SMA rules and regulations has expired, therefore, the original 1982, setback lines remain in effect and the applicant structure should be located behind the 1982 line.” They also, in that report they give options for reactivating the line. They could open the 1994 permit, they could request that the establishment of 1994 setback line be considered as part of the application, and the third option they offered was to request to modify and make a new setback line. Today, to our community’s knowledge and to your Planning staff and Director’s knowledge none of those processes were conducted. There is no Planning Commission decision or Planning Director decision or a process (inaudible) community to reactivate 1994 setback line, which is being used in the Green’s 5 application, therefore, it is invalid. If we look at the 1982 setback line, the entire structure is above the the original setback line that is the active setback line of today. Today, the Planning Department is recommending that the applicant be allowed to illegally build their 30,000 square foot farm dwelling development above the current active setback line of 1982. The 1982 setback line was crafted in consultation with native Hawaiian, Kupuna from our community with these specific considerations in mind. Ms. Higuchi Sayegusa: Three-minutes, Madame Chair. Ms. Chandler: The fact that the Greens proposed development is far beyond that line is a non- starter and independent basis to deny the applications. And I just want to end with you folks have multiple actions, today. You could grant Na Kia`i o Nihoku further placing the burden and kuliana to resolve this issue with community, which has traditionally been done in the past for the last 40- years, you could defer this agenda items and ask and request your Planning Department staff to investigate and thoroughly investigate the staff setback issue, or you could deny the application. Mahalo nui. Chair Apisa: Sorry, you are out of time. Ms. Chandler: Thank you. Chair Apisa: Thank you. Ms. Chandler: Oh, kalamai, Ann is here too. She doesn’t have it, but on the first person you called, she is with me on this group so if you want me, I could put here on. Jodi? Ms. Higuchi Sayegusa: I can. Ms. Chandler: Or you can come back to my screen when you are ready for her. Ms. Higuchi Sayegusa: Okay, sure. I can go back to it. She is on the Kia’i email? Ms. Chandler: Yeah. She is actually on it right now. Ms. Higuchi Sayegusa: Okay, thank you. Ms. Chandler: Mahalo. Ms. Higuchi Sayegusa: We will go back to Ann Eu. Chair Apisa: And just remind everyone, its three minutes, please. Ms. Ann Eu: Okay, mahalo. Hi I am Ann Eu. I work for the Kauai Land Trust as a Steward at Kahili Beach. I’ll be reading a testimonial from David Moore. Aloha, Honorable Planning Commissioners. My name is David Moore, and I am writing to you about the proposed development in Seacliff Plantation on lot 11-A. Our family moved here to Kilauea in 1980, we raised our four children in Kilauea, and I was an emergency room doctor at Wilcox Hospital for 10- years. Linda Sproat and I were part of the intervention process to contest the Seacliff Plantation 6 development when it was originally proposed. We both new how much Crater Hill meant to the people in Kilauea. Everyone went up to Crater Hill to enjoy the natural beauty it afforded, it is one of those special places that fills you with wonderment and peace. Crater Hill is really an iconic for Kilauea like Half Dome is for Yosemite. We felt we did not want its beauty to be lost when developed. Thankfully, the County and the developer worked with us on two of the aspects we most cared about. First, were the sight lines, the community and interveners wanted unblemished site lines to the top of Crater Hill when coming to Kilauea to from the east. We did not want any houses visible on Crater Hill as one approached Kilauea. We agreed structures up on the Creator would ruin its natural beauty. Visualize how unsightly structures on Half Dome would be. By placing people up on Crater Hill and viewing it from the east and the west we determined at what elevation one could begin to see any development. We set that elevation at the highest that any structure could reach. To be clear, this was not the elevation that a structure could start, but the highest elevation that any part of any structure could reach. Once that elevation line was determined and it ran horizontally across the upper slope, it was accepted by the developer and agreed to by all parties including the Planning Commission. That line was than included into the subdivision map and cited as an accepted part of the development’s conditions of approval, and that is why upper Crater Hill remains relatively empty from most angles. Second, was access. It was also very important to the community and interveners that the public continue to have access to Crater Hill. And it was agreed by the developer that the public would keep its access when Seacliff was finished. It was clear to us that you would be able to drive your car up on the roads, as we had done for years. Unfortunately, when the development was finished, we were not given access by car but only by walking or cycling. We felt that the developer had violated the spirit of the agreement by constructing a gate across the road, but we felt it was too late to change it. Especially, for the kupuna and with anyone with mobility issues, this site remains a real loss. Ms. Higuchi Sayegusa: Three-minutes, Madame Chair. Ms. Eu: When the highest road to the subdivision was finished including the upslope swale, the construction had cut off so much of the buildable land on the higher lots that there was not sufficient room to build homes without violating the agreed upon elevation line. But that was not the community's fault, and it was clear that the setback line should be honored. The Planning Department continued to honor the line too because Linda and I were called once to ask if the line could be moved for one house. We went up and walked the property and the location they wanted to move to was lower and more tucked away into a gully, so we said, “no problem.” That was the only time they contacted me about me about the (inaudible). Ms. Higuchi Sayegusa: Four-minutes, Madame Chair. Ms. Eu: (Inaudible) the highest elevation of the house being proposed was far from the elevation we agreed upon… Chair Apisa: Can you please kind of conclude, its well over the three-minute limit. Its already four minutes. Ms. Eu: I’ll just conclude by saying that I support Na Kia’i o Nihoku’s petition to intervene. Thank you for your time. Chair Apisa: Thank you very much. Thank you. 7 Ms. Higuchi Sayegusa: The next registered speaker is Kristie Daly. I am going to promote you now as a panelist. Chair Apisa: And if you could just be mindful of the three-minutes just to be fair to everyone, thank you. Ms. Higuchi Sayegusa: When you are ready, Kristie, please speak we are able to see you. Ms. Kristie Daly: Okay, thank you so much. Aloha, honorable Planning Commissioners. My name is Kristie Daly. I grew up in Kilauea and attended Kilauea Elementary School. I went on to attend Kula School in Waipake, and the University at Santa Cruise. I am now humbled to work at Malama Aina stewarding the land and farming on the Northshore of Kauai. Like many who I grew up with in the old neighborhood and indeed in generations and those following, I hope to be able to afford to buy a home on Kauai one day. Prices has gone up eighty times over since my parents bought their first home in Kilauea in the early 1990’s. This I have to say that Kilauea will always be my hometown regardless of if I can afford to reside there. I am a Kilauea girl. I will always return to this place and visit family and enjoy the sunset with the walk up Nihoku. When you come from a place, you work hard to preserve its essence, to protect this uniqueness and inspired to share these treasures with others in its authentic state. Nihoku has been developed over the years, and I understand that this has been planned for decades, but I also believe the decisions that I make now, will determine what our community can protect and collectively value in perpetuity. The decisions we make to alter the landscape will decide if our landmarks are even recognizable. How would it look if homes were built on the high reaches of the Sleeping Giant? We carry the responsibility as Kauai residents to value these one-of-a-kind landscapes, this includes setting limits on how much development can encroach on irreplaceable geological and cultural landmarks. Plain and simple the home in question is just too large and located to high up the mountain. I am asking the Planning Commission to please deny permits to build the proposed house in its current specificities. I also support Na Kia’i o Nihoku’s application for a contested case, including a cultural easement will also be essential for future generations to access this cultural treasure. Furthermore, I believe it is right and lawful to respect the original 1982 setback line for all buildings in the Special Management Area, because it runs with the land from the prior owners regardless of who the current owner is now. The entitlements that run with this land is included, and if overlooked any amendments and changes will accrue further liability for all parties involved private, public, and governmental. I humbly ask that you continue to uphold what we collectively value as a community. Please be moved to approve plans that will protect our ability to view this special place as true to historical observation as possible in its entirety. Please protect Crater Hill for the native birds unique to this place and honor the U.S Fish and Wildlife and community groups work over decades to restore habitat to enable our greater community to connect with this place, so we feel the collective responsibility to steward here. People travel across the world to see this place in its glory. We do no one a favor by removing the brilliance of our special areas for the use of private owners. Thank you so much for all the work that you do for the island of Kauai and thank you for including my testimony in this review process. Mahalo. Chair Apisa: Thank you. Ms. Higuchi Sayegusa: Next registered speaker I do not see her on the attendee list, (inaudible) there is also Shelly Spencer, I do not see her also on the attendee list. Next, we have Gary Smith. Is 8 Gary Smith there? Ms. MehanaVaughn: Uncle Gary Smith is here, and Aunty Shelley Spencer sends her regrets, she had a family situation come up and here is Uncle Gary. Ms. Higuchi Sayegusa: Are there any other folks with you folks? Mr. Gary Smith: I’m going to try to be fast since I only have three minutes. Anyway, my name is Gary Smith for he records. I am here today to support Kia’i o Nihoku. Over my years of involvement in Kilauea community along with many of our exceptional, public-spirited residents of the past, we have accomplished great things. From these years, I learned some valuable lessons. The First, was from an 80-year-old man named Sagi Akagi, at the time, we were in a community battle that pitted our own senior citizens who had been cleverly wooed by a developer against all Kilauea younger generation. I was heart sick that it came to that and at one of our meetings I glanced across the room to see all the young faces and that one old face, Sagi Akagi. Later, I asked him, “why was he the only one of his generations, to support us? And that he must have been facing some backlash from his peers?” His answer was simple, but powerful enough to resonant in me some 40 years later. He replied, “I support the youth, because they are the future, and my generation is the past.” Ironically, today, I see myself standing squarely in Sagi Akagi’s shoes. Another lesson, was a changed in attitude towards our environment, had to be generational. Under the lead of the late Dr. Gary Blaich, we were able to acquire and preserve five-acres of beachfront property at Kahili for public use. This was given, given to us by Louise Zweben, who made just one request, “stop the vehicles from driving on the beach.” At first, it was difficult, as the beach goers had become accustomed to parking there and felt entitled to do so. After a difficult time, we were able to stop it. But more importantly in doing so, we changed the mindset of the next generation, who now view the practice as disrespectful. Long ago, as a member of the Kauai General Plan Northshore update, I learned another, after months of rambling over what our urban plan would be, I mentioned my larger concerns to Gary Okamoto of Wilson Okamoto and Associates. I told Gary that the people of Kilauea were just as concerned about our special places like Crater Hill and Kahili River. He assured me that all was well because these lands had been designated as Special Treatment Scenic, Historic, and Recreational Resources and would be difficult to develop or alter. I took his word and placed my trust in our County to uphold the STI designation. However, I was saddened… Ms. Higuchi Sayegusa: Three-minutes, Madame Chair. Mr. Smith: …and sickened when I came to realize that it would be the citizens task to monitor and defend this zoning overlay. If this layer of protection would have any value, it would have to become a kuleana that spanned generations, which is why I am here today. Today, we know the name of Crater Hill to be Nihoku, we know that it named its own women for it, we know that as an ancestral chief. Like our Kahili Beach, it was treated with irreverence. The list of Athenians speak today, from Kia’i O Nihoku represents some of Kilauea’s finest citizen’s they have taken on an unenviable task of keep the planning process fair and consistent, whereby zoning conditions for subdivision approval are adhered too and the pass zoning overlays are not systematically altered and degraded every time the public is unaware or lacks the champion to defend the land our kupuna had designated as special. 9 Mr. Hull: Four-minutes, Madame Chair. Mr. Smith: I’m going to close. Chair Apisa: Alright Gary, can you wrap it up. Thank you. Mr. Smith: It pains me to hear the accusations that Kia’i O Nihoku has moved and disfigured the goal post. When in fact the developers continually attempted over 40 years, to move the real goal post, which is a setback line. Historically, as citizens of Kilauea who have been called time and time again, to defend this line. Yes, today, the opposition to this zoning application makes your job and decisions as commissioners difficult, but really is it their fault as to why we are here, today? Chair Apisa: Gary, can you wrap it up? I mean we’ve gone… Mr. Smith: Okay. So, I ask you guys to support, I mean, I support them in their efforts, and I thank you for your time. Mahalo. Chair Apisa: Thank you, Gary. Ms. Higuchi Sayegusa: Next registered speaker is Kia’i O Nihoku. Is there one person speaking on behalf of the Kia’i? Ms. Mehana Vaughn: Aloha. Mahalo, to all of you for your time across this reign, we just wanted to offer oli for this place. [Hawaiian Language Oli (group chanting)]. Ms. Higuchi Sayegusa: Next, registered speaker we have is Jonathan (inaudible). I do not see him on the attendee list. Next registered speaker is David Sprout. Mr. David Sproat: Aloha, Planning Commissioners, and staff. I am David Sproat a resident of Kalihiwai and I am a member of Na Kia’i O Nihoku. From where I live, I can see Nihoku. I am one of the founding members of the Kilauea Neighborhood Association and was its first and was its first president. I was also, one of its original interveners in its Contested Case Hearings to establish and uphold the building setback line on the upper slope that you are considering today. My wife Linda’s Akanao Ohana were konohiki of Kalihiwai and held fishing rights in many surrounding areas including on either side of Nihoku. My family continues those traditional and customary native Hawaiian practices today. I went multiple times with my father-in-law and my own up to Nihoku using fishing trails to kilo for fish. Others from Kalihiwai also continue these traditional and customary native Hawaiian practices in the present. My wife Linda played an important role in protecting Nihoku in 1981, which resulted in a 1982 setback line that was a condition of the SMA permit to keep structures low enough that they would not interfere with the communities view plain of the mountain where people had been looking at for generations. Planning staff floated balloons on the mountain in various places and we went to Pilaa and along other places on the highway to make sure that the structures would not be visible. And the whole intent was to preserve the integrity of Nihoko. There were also, so many other concerns including about the birds that live there and how development would impact their quality of life in Kilauea, Kalihiwai, and beyond. After that, the developer repeatedly tried to move the line higher. Dave Boynton, along time 10 community educator and Kilauea resident and I, were interveners in the Contested Case for Nihoku, that resulted in the 1984 decision and order that denied revisions to the 1982 SMA permit and upheld the 1982 setback line. In the late 1980’s, hundreds of community members I think over eleven hundred, signed a petition to hold the line supporting the original agreed upon setback. The hearings also ruled that the lines still allowed enough room for a buildable house on each lot and the 1982 setback line was upheld again. There were other kinds of Conditions of the original SMA permit for Seacliff Plantation and the developers kept trying to (inaudible)… Ms. Higuchi Sayegusa: (Inaudible). Mr. Sproat: …go back on them also. I never knew of any other setback line but the 1982 line upon which the permit for Seacliff was Conditioned. When I went to see the Green’s property, I was shocked to see how high up the mountain was… Chair Apisa: A excuse me? With all do respect can we kind of rap it up? Thank you. Mr. Sproat: I told Mr. Green that I could not believe we would have worked so hard to set the line that high. We didn’t and the Planning Commissioners and the Department didn’t either. The 1982 setback line represents four decades of promises, agreements, and commitments by this Planning Department and multiple developers in our community. Yet, forty years later, here I am again, testifying before the Planning Commission with Kilauea’s next generation and my friend Dave Boynton passed away… Chair Apisa: A excuse me? Mr. Sproat: …although he cannot be here with me today, I implore you on behalf of them, myself, and many others in the community, to please not allow development above the 1982 line. To do so, is to adds insult and injury to our communities’ lives and legacies and so many that dedicated themselves to preserving our quality of life on the Northshore. Mahalo for your time and consideration to protect the cultural practices (inaudible) Nihoku. Please do not grant this permit. Stand with us and hold the line. Thank you. Chair Apisa: All right. Thank you. Ms. Higuchi Sayegusa: Thank you. The next registered speaker is Letani Peltier. Chair Apisa: I ask you to please respect the three-minute time limit. Ms. Higuchi Sayegusa: Whenever you are able, please begin speaking and then we will be able to see you. Mr. Letani Peltier: Sorry, just making sure my mic is plugged in. Aloha and good morning, Commissioners. Leitani Pletiar on behalf of the office of Hawaiian Affairs, offering comments on Agenda Item M.1. You have a written testimony so I will be brief, I promise. OHA just wanted to mahalo the Planning Commission and the Planning Department for recognizing and embracing the County’s affirmative duty to preserve and protect native Hawaiian traditional and customary practices. As you are aware, Hawaii’s laws provide the tools to protect these practices as well as related bio-cultural resources. These tools and laws exist because the people of Hawaii have long 11 recognized the importance of protecting these things that make Hawaii special. Cultural practices, traditions, stories, songs, dances, not to mention the natural resources themselves, all these things can be lost, and we know this because we have seen it happen. And so, again, mahalo for taking the time, to thoughtfully work through this matter. I know it is not convenient, but it is the right thing to do, and in any case, it is the law. But it goes a long way towards building community trust and it is encouraging to see. So, we hope that you take into full consideration the comments made by community members today, as well as the recommendations put forth by the Department of Planning. Mahalo nui and for the opportunity to provide these comments. Thank you. Chair Apisa: Thank you. Ms. Higuchi Sayegusa: Next, registered speaker is Lei Puahi. (Inaudible) I am promoting you at this point to speak. Ms. Lei Puahi: Aloha Kakai (inaudible), can you hear me, Okay? Ms. Higuchi Sayegusa: Yes. Ms. Puahi: Aloha, honorable Planning Commission, my name is Lei Puahi Wann. I am a resident of Haena. My family connections, weave into the area of Kilauea through the Paamaui and Kailama connection. I am currently the Director of the Limahuli Garden and Preserve however, my previous years I’ve worked as an educator in the Hawaiian immersion programs and native Hawaiian organizations. Throughout the years, I have brought nearly five hundred students of which majority are native Hawaiian students to this culturally significant area honoring traditions of Pele and her legacy in Nihoku. Throughout the years, we have conducted ceremony and cultural rituals and practiced in this site. I humble ask that in the Planning Commissions review that you consider the cultural significance of this place as well as the conservation and bio-cultural significance of this area. I also, ask you to humbly consider the educational practices for our native Hawaiians students in their connection to this place and their connections for the future. I ask you to humble consider the petition that Na Kia’i o Kilauea have contested or asking to contest in this case. I ask that you humbly hold the line of the 1982 setback line. Mahalo. Chair Apisa: Thank you. Ms. Higuchi Sayegusa: For the final registered speaker we have Beryl Blake. Ms. Beryl Blake: Aloha Commissioners. Aloha to each of you. I’m Beryl Blake I am a Kilauea resident of forty-two years, truth in advertising Lei Wann, is my daughter. I am speaking today, as an individual. In 1984, I did testify with most of the community “hold that line” when the developer of Seacliff asked to change the 1982 agreement. Memory, mine probably in particular, can be faulty, fickle, and fades and in my testimony of October 25th, just a month ago, I wrote that in 1984, buildable lots were renegotiated. I was incorrect. As documents submitted to you show and as everybody you’ve heard other testifiers, the Planning Commission denied any alterations of the setback line in 1984. I appreciate and I plan to support the Planning Commission’s recommendations, their judicious recommendations for this application and I very much hoped that Mr. and Mrs. Green and Na Kia’i would find an acceptable and an agreeable consensual agreement for constructing a home on this sensitive and very important land. However, the recommendations 12 rest on the location of the setback line, there premised on illegal alteration to the1982 setback line to today, building envelopes. Members of the community, lead in this archival archeology have been digging up and into dusty boxes and bulging files the long sequence of applications for correspondents, rulings regarding Seacliff Plantation, there have been several attempts to change the setback line. Did any succeed with legal finality? In the course of relying on memory, and repeating what one thinks happened, did the idea of the establishment of the bubble (inaudible) made and mapped become a common supposition? Looking into the history of Crater Hill attest to the great significance of this place, and looking back through all this history, and I know you guys have to do it, is a saga of business and land development here on Kauai and in Kilauea of hard- working professional Planning Directors, staff, and Planning Commissioners going back to Brian Nishimoto, and right straight forward to all of you, now. Of other decision-makers and department heads weighing in with questions and evaluations, and of the constant dedicated informed attention of volunteers in the community. I just thank you for your work and attention. Aloha. Chair Apisa: Thank you. Ms. Higuchi Sayegusa: At this point, I am going to, I did not disable the hand raise function on either the panelist or attendees, so at this point I’d like to be able to recognize anybody who has not been able to speak. Is there any member of the public who would like to speak at this point? Then again, is see that Mr. Irons, I see your hand. You will be able to if you are speaking about the agenda item? You’ll be able to have a chance to speak during the agenda item. Public comment period. Here is one last call if anybody in the public or any public member who’s attending the meeting at this point would like to be able to speak on any agenda item on the Planning Commission Agenda? All right. I am not seeing anyone else. Mr. Irons did you want to have a chance to speak on any other agenda item? Mr. Tim Irons: No. I would like to point out, we did request both last time and this time, to speak during public comment, and I think we have a right to do both if we would like to. There is a lot of information that is being brought up to the public comments that we would like to respond to and clarify, and the last time we didn’t have any opportunity to speak because a decision was made and then it became no longer relevant for us to speak, because the hearing was continued. I would appreciate the opportunity to make a few comments now during this three-minute period. I am Tim Irons; I represent the applicant… Ms. Barzilai: Excuse me Madame Chair. I am sorry Mr. Irons. I am Laura Barzilai, County Attorney office. Madame Chair, it is at your discretion of whether you wish for a party who would be making argument during the actual hearing to speak so, if you would please make an announcement that you wish for this party to give public comments, we can proceed. Thank you. Chair Apisa: Thank you. I am curious and I would like to hear so, I believe it would be a three- minute time limit as everyone else had. Mr. Irons: Thank you, Madame Chair. I appreciate that. So, I represent the applicant and they are residents of Kauai. They have been residents for many years. The application that is before you are for a single-family dwelling on a lot in an approved subdivision. This is for their permanent residence; they plan to live there and retire on Kauai. For the first time today, we are hearing a lot about the 1982 setback line, as if this was the key marquee thing that everybody knew about and 13 everybody knew we were to follow. But it’s come up for the first time, today, at this hearing and on a letter on Friday, the Friday, before this hearing. It’s true, there is a 1982 setback line, but overtime, things change, and one of the commentors asked, if it ever legally changed? Yes, in 1994, there was an SMA that was submitted and approved by the Planning Commission, and it changed the 1982 setback line to a 1994 setback line, which is what is in the application. The 1994 setback line and that SMA have never been rescinded. And so, it still applies. The only way for that setback to not control, is if the Planning Commission itself you know, on recommendation by the Director that Conditions weren’t met, then it would need to revoke the permit. But the permit exists, its valid and a lot of people have relied upon that permit. In fact, in 2009, an attorney for a prior owner of this very lot, asked the Planning Department whether or not that 1994 setback line is what controls? And the Planning Department confirmed, yes. They went ahead and condonized the property then my client came in in August of 2019 and paid 1.75 million dollars to buy this unit in a two-unit condo, to build a home on it. And now, he is being told, “No in fact, you have no ability to build anything on this lot and all your expectations whether reasonable or not cannot be met.” And so, I would just like the Commissioners to consider the overall context. What we are really looking at, which is a small family home… Ms. Barzilai: Excuse me, Madame Chair, three-minutes and I believe that we are getting into the realm of legal argument that’s best reserved for the hearing. Thank you. Mr. Irons: Thank you, I appreciate the time. Ms. Mehana Vaughn: Aloha, point of order, if the applicant’s attorney is allowed to speak, may we speak? May I speak on public testimony, we did register. Ms. Barzilai: Ms. Vaughn, Laura Barzilai for the County Attorney’s office. I believe that you are represented by counsel at this hearing today. Ms. Vaughn: No, we are not formally represented by counsel at this hearing today. Native Hawaiian Legal Corp is present to advise us, but we as the community have filed our contested case hearing. There are three petitioners, but I did want to speak in response to what Mr. Irons had to say if possible. Mr. Hull: A hold on one second. Dr. Vaughn, you did register and did speak with the three- minutes, and I think that’s what Mr. Irons was arguing for “could he be allowed the three-minutes as well” so because you registered already Dr. Vaughn and spoke as a member of the public… Ms. Vaughn: Oh, I am sorry, Kaaina. Director Hull, I did not get to speak yet. Chair Apisa: I believe you did a few speakers ago. Am I, is that correct, Jodi? Ms. Higuchi Sayegusa: Yes, again, we went by the list that was registered but again, we are opening it up at this point for any other person of the public to be able to testify. Mr. Hull: Okay so, Dr. Vaughn, I do apologize as I thought you had spoken before in the actual. So yes, you have three minutes to testify on the application, but you would not be able to get into the position as far as the intervention because you are a party requesting intervention, right? Does 14 that make sense? Ms. Vaughn: Yes. Mr. Hull: Okay, you can proceed, Dr. Vaughn. Thank you. Ms. Vaughn: Okay, thank you, so much. I just wanted to say thank you, I wanted to thank all of you Commissioners, Planning Department staff, Planning Department Director for all of your tremendous work on this issue, and I am sorry, I note that there is a hand up. Kirsha, did you want to say anything? Chair Apisa: No. I think this your opportunity to speak. Ms. Vaughn: All right. Thank you so much. I wanted to thank you for all of the work and time you’ve put in for the Conditions you’ve developed for all of the work that has been done. I did want to respond to some of Mr. Irons points, but I will do that at a different time. We just wanted to say that this particular issue is not a case of poor planning, not a case of lack of foresight, or being unable to anticipate issues like TVR’s, VRBO’s, this is an issues that has been planned for, negotiated, and Conditioned and that we are so grateful that Planning Department is doing all of the work that you are to try to protect this place and to try to exercise your due diligence, and we will continue to work and help you on this process. I also, did want to direct, I wanted to respond to what Mr. Iron said. The Greens are truly wonderful people, they are community members, they are contributors, and I realize that for them this must feel like new information that continues to emerge. It is very unfortunate that they don’t already have this information, but I realize that this is incredible stressful for them and so for that reason, we just wanted to send them our aloha and reminder that this is not all about them. This is about all of the work that has been done by this Commission, a generation of Commissioners, and Planning Directors and all of the due diligence that has been put into establish Conditions for this place. All of the community members that love and care of this place and the legacy of kupuna that has been mentioned here today, and all the kupuna that are standing here today. So mainly we just wanted to say thank you. Mahalo. Chair Apisa: Thank you. Ms. Higuchi Sayegusa: There is an additional testifier, Kirsha, are you going to speak on behalf of the Kia’i or on any other petition for intervention? Or you just want to be able to testify at this point publicly? Ms. Kirsha Durante: Aloha, members of the Planning Commission and honorable Chair. I wanted to speak in response to the public comment in respects to the application. I know there was mention about a (inaudible) and a request to have this Commission and the Planning Department determine what setback line applies to this particular for this application. And while I understand what’s been raised, the concern about this (inaudible) new information as was indicated by the document that was crafted and submitted in recent testimony of the oral testimony provided today. This is not new information and while, myself, is not a member of the Kilauea community and Mr. Irons was not a member of the Kilauea community and my have not have this information, a community does. And it is clear from what was presented that there is an issue that this Commission would need to decide, and why that is important with respect to this application is 15 because it provides the framework, as OHA indicated this Commission has the affirmative duty to determine the impact of the proposed application on traditional and customary native Hawaiian rights. And if this Commission were unable to do that without first setting forth the area within the development can (inaudible). So, to that regard, this public comment is offered with respect to this Commission’s affirmative duty to evaluate those things and having the appropriate framework. With respect to some of the information that was provided regarding a 1994 SMA being approved, I will note that we submitted, and I am sorry, I should have clarified that I’m a senior staff attorney in the Native Hawaiian Legal Corporation. We have been advising Na Kia’i O Nihoku regarding their efforts before this Planning Commission. I did submit a letter on December 10th on their behalf, asking for clarification from the Planning Department respect to the setback line because of the information that was provided which appear to present conflicting information including the applicants deed to the property, which have conflicting references to (inaudible) 1994 setback line and a restricted covenant for Seacliff Plantation development which references the other setback line a 1982 setback line. So, with that information in hand, we did request clarification and that could not be provided by the Planning Department. So again, I will reiterate and urge this Commission, to consider that as a framework and a starting point for its duty to conduct its analysis for the appropriateness for this project that it starts from the setback line. So, with that in mind we will ask that the Commission will consider that information, consider the breath of the submission provided to this Commission with respect to this application, and we support this Commission’s decision to deny the application and that this Commission finds fit alternatively, we would ask that the Commission allow for a granting for the petition to intervene by Na Kia’i O Nihoku. Mahalo. Chair Apisa: Thank you. Ms. Higuchi Sayegusa: With that, is there any other member of the public that wish to testify at this point? Please indicate so by raising your hand. One last call. Any other member of the public wishing to testify on any of the agenda items at this point. No further testimonies, Madame Chair. Thank you. Chair Apisa: All right, thank you very much Jodi for getting us through that. From there, do we immediately proceed immediately into the New Business for action M.1? Continued Agency Hearing SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1, CLASS IV ZONING PERMIT (Z-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 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; Supplement to Planning Director’s Report Numbers 1, 2, 3, & 4 received, hearing deferred 10/26/2021]. 1. 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. 2. Applicants’ Opposition to Na Kia’i O Nihoku’s Petition to Intervene; Declaration of Timothy Irons; Exhibits “1” and “2”; Certificate of Service 16 Mr. Hull: Yes, thank you, Madame Chair. Moving on to, we will actually be into Continued Agency Hearing. Being that the Agency Hearing has an Intervention request as well as an Opposition to the Intervention request to which the Planning Department would be a party to. At this time, I am going to kind of step away from my clerking duties and I will turn over this portion of the agenda to you Madame Chair and the County Attorney for the process thinking. Chair Apisa: Thank you. Just a little guidance, I believe we go into the New Business Laura? Or? Ms. Barzilai: Madame Chair, what would happen now I believe appropriately is for you to read Item F.1.a into the record and decide if you wish to entertain oral argument on items 1 & 2. If you would like to read the notice now. Chair Apisa: Yes, thank you. Yes so, reading the notice into the record SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1, CLASS IV ZONING PERMIT (Z-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 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; Supplement to Planning Director’s Report Numbers 1, 2, 3, & 4 received, hearing deferred 10/26/2021]. So, it is the full Commission’s prerogative to enter into the Petition for Intervention received on 10/19/2021 by Mehana Blaich Vaughn, Nicole Hoku Cody, and Jessica AK Fu on behalf of Na Kia’i O Nihoku. Or the Applicants Opposition to Na Kia’i O Nihoku’s petition to intervene; Declaration of Timothy Irons; Exhibits “1” and “2”: Certificate of Service. Ms. Barzilai: Yes, excuse me Madame Chair, if you would like to entertain oral argument at this time, you can set parameters for time limit on that. Chair Apisa: I think ten-minutes on each side is a reasonable amount. Would that be reasonable? Ms. Barzilai: Madame Chair, I would recommend three-minutes rebuttal for each side. Chair Apisa: Yes, I am sorry, that was my intent. Yes, a three-minute, I mean a ten-minute and then a three-minute rebuttal equally for each side. So, is there any place to start that’s appropriate, do we start with the petitioner? Ms. Barzilai: Yes, we would ask the petitioner if they would like to make oral argument on their petition at this time. Chair Apisa: Petitioner, would you like to make an oral argument at this time? Ms. MehanaVaughn: Maholo, Madame Chair, there will be two speakers, Hoku Cody and myself, and we would like to be allowed to share screen if that is at all possible. Can everybody see that alright? Chair Apisa: We can and thank you. And again, I just want to remind everyone to be mindful of 17 their allotted time. Thank you. Ms. Vaughn: Go ahead, Hoku. Ms. Hoku Cody: Aloha. Can everybody hear me? Chair Apisa: Yes, thank you. Ms. Cody: All right. Aloha mai kakou. My name is Hoku Cody a kamaaina of Oahu and a wili of Hawaii island and a Hawaiian of Kauai. I am one of the interveners for the SMA permit to build on lot 11-A within Seacliff Plantation. I surely want to pause right now and just really mahalo in spades to all of you for allowing us the opportunity to speak today. Over the last forty years, the ability to access Nihoku has transformed how this community is able to continue to cultivate aloha and the ability to care for this place. In that and through the use of the US Fish and Wildlife permit we hold unique kuleana to care for this place and to serve as the primary means for culture practitioners, school groups, other community members and organizations to access Nihoku. In this presentation we will focus on two areas. Our unique interest and how our interventions will help develop a complete record on critical issues. So, for starters we are Na Kia’i O Nihoku. There are about sixteen ohana that make up the core effort of hosting community there. We are a group with board interest surrounding a singular goal to cultivate Kia’i, protectors of Nihoku as well as the unique cultural and environmental Seacliff, that is the unique cultural and environmental Seacliff of Kilauea so that the future generations can aloha and malama that place as well. This also includes providing cultural expertise for Fish and Wildlife events and staff within various management activities such as education and active bird protection to ensure a long-standing environment to integrity. We interviewed many kupuna who shared a common historical narrative, that since the inception of the Seacliff Planation, there have been active engagement by the community to preserve the integrity of Nihoku. Her unique geological characteristics and cultural values instilled into all who have been able to experience this special place. And over the years, we have exercised on-going traditional practices there, such as (inaudible) olelo’s story telling, kilo, hula, kua kahi ka apuni, the ability to go and journey, oli and mele, malama aina, haku kulu, which is a feather work, iwi kupuna, which is the malama of our ancestral connections and bonds, and ahu a hu and au mai, which the ability to pass on this knowledge to others and we do this as a way to sustain a deep and meaningful remembering and learning for all who participate. In conjunction to this over the years, we have spent countless hours of archival, scientific, and cultural research to ensure that integrity of these actions ensure the resilience of this place. Ms. Vaughn: Mahalo. As such, we are in a unique position to inform this proceeding and ensure a complete record on multiple key issues. The first being the requirements of protective land use designations and zoning overlays on this property which are multiple. You can see from this picture; how close this property is located to the crest of the hill. You can see the sensitivity of the site even though the Northshore development plan and update states that Crater Hill should remain without conspicuous man-made improvements and the Special Treatment District Resource Overlay state that any thing built on the mountain should enhance the unique natural forms and ecstatic characteristics of this place. Next slide. And therefore, the setback line was established, we have information to inform the necessary determination of the controlling setback line, and I want to introduce this issue into our petition as it recently has immerged. The applicant Mr. Irons just stated that they were not aware of this setback line, yet their opposition to this very petition 18 represents that their setback was put into place during the Seacliff Plantation Subdivision approval primarily to protect views. The 1982 SMA permit, which approved Seacliff Plantation here, establishes this 1982 setback line shown and labeled in blue. It goes along the contour of the mountain, parallel to the mountain, and parallels Makana Ano Road, just as all the kupuna who have testified today, say. The 1994 setback was a Conditional approval based on multiple promises that needed to be met such as a school site, such as the Ag. park within two (2) years. So, this issue needs to be determined, you can see they are very different. The applicant’s proposed house is located entirely out of the original setback line, which is referenced in both their application and their opposition to petition. Next slide. Another very vital issue that has not been adequately addressed in these proceedings is the impact, this of erosion, grading, and runoff from this parcel to the Kahili Estuary. The Kahili Quarry Road has already been washed out by erosion by water, direct storm water drainage from the Seacliff Plantation. This particular property is the highest and steepest in the entire subdivision. Next slide. This raises questions about whether or not the initial 1979 EIS is adequate to prevent irreversible damage to native habitat and associated cultural landscape particularly, given climate change, changing environmental circumstances, and the increase threat to any of these native species for whom Nihoku is the last refuge as the Northwest Hawaiian Islands go underwater with sea level rise, this is the place for the sea birds will be need to be moved to, it is also the home this particular parcel to the native Hawaiian Pueo, which has already been listed on other islands for endangered species protections. You can also see the the subject parcel in the middle picture, its that large green area that is represented and it is visible. That particular house site is visible from multiple areas. Next slide. Which is why it is important to address the cumulative impacts of this development as well as other lots within the Special Treatment District Resource Area that also are above and impacted exact same 1982 setback line. Currently, there is only one house on the mountain it is relatively small and appears to be located within the 1982 setback. However, your Commission this summer approved another lot, this large, grated area low on the mountain, which is a proposed home site of the Barker residence which is located above the setback line. There is another permit for approval before you already, so it is important that these issues be established that they be resolved and that the cumulative impacts of not considering habitat fragmentation, the original setback line, visual impacts, as well as impacts cultural access and traditional and customary practices. The Barker line sits on the traditional fishing trail still used by multiple Kilauea ohana, all of these things need to be addressed. I just wanted to highlight this language as well about the original setback line Uncle David Sproat spoke about, the importance of the view from Pilaa, from the highway as you are approaching Kilauea that you would not see any structures not above the profile of the hill, but above the profile of where the flatlands between Kuhio Highway and Crater Hill meet. Ms. Laura Barzilai: Madame Chair, 90-seconds remaining. Ms. Vaughn: Okay, so I just wanted to close by saying that we have done our due diligence we are not delaying. All of the records we can find two boxes here all of the we have interviewed and taken to the sites say, “that’s not the setback line, it’s to high” we are working really hard to exhaust every opportunity to provide information here as well as negotiate with the client, but we are left with no other means than this contested case. I just want to end by saying, we are also uniquely harmed. We are the people who are consulted in Ka Pa akai analysis for multiple projects as well as this one. When we are not allowed to review our information, when we miss cited, miss quoted, that is uniquely harmful as it is to be the ones who take kids up this mountain week after week, month after month and hear them say, “if this place is so sacred, if this place is so important, 19 why is this house located right here in the middle of the view plain?” How does this reflect the task that we have been given by our kupuna who you have heard today, to care for and protect this place. That is our kuleana. If we are not able to fulfill that, we are uniquely harmed. We also, are the ones who are here representing the public interest taking them to the mountain. Just to close, we stand here with generations before us who have been protecting this place and we are the families who are teaching our children to do the same. The question before you today, is simply do we have standing to intervene? There is no question on that issue. The question should be, Why do we have too? Mahalo. Chair Apisa: Thank you very much. Before we go to the applicant, I would like to take just a 5- minute break right now and then we will be right back and go to the applicant. Thank you. The Commission recessed this portion of the meeting at 10:05 a.m. The Commission reconvened this portion of the meeting at 10:10 a.m. Chair Apisa: Call the meeting back to order after the recess. Ms. Barzilai: Madam Chair, I can do the roll. Chair Apisa: Thank you. Ms. Barzilai: Commissioner Ako. Mr. Ako: Here and by myself. Ms. Barzilai: Commissioner Chiba. Maybe Commissioner Chiba… Mr. Chiba: Hi I am here and by myself. Ms. Barzilai: Commissioner DeGracia. Mr. DeGracia: Here and by myself. Ms. Barzilai: Commissioner Otsuka. Ms. Otsuka: Here and by myself. Ms. Barzilai: Commissioner Streufert. Ms. Nogami Streufert: Here and by myself. Ms. Barzilai: Who am I missing? Chair Apisa: There’s Commissioner Cox. Ms. Cox: I’m here and by myself. 20 Ms. Barzilai: Vice Chair Cox, hi! Ms. Barzilai: Chair Apisa. Chair Apisa: Here and by myself. Ms. Barzilai: Everyone is present. Seven Present. Chair Apisa: Thank you very much. We will continue with the applicants to give their presentation. Mr. Tim Irons: Thank Chair and Commission Members. I don’t know if it is Jodi. Can we also get the share screen function? Ms. Higuchi Sayegusa: Yes, I believe if you look at the bottom of the Zoom, what is this window, on the bottom there is an arrow. Yes. Mr. Irons: Can you see that? Ms. Higuchi Sayegusa: Yes. Mr. Irons: All right. Chair Apisa: And just remind everyone of the 10-minute limit on this, thank you. Mr. Irons: All right, thank you, Chair. My name is Tim Irons. I represent the applicants in this signal family dwelling. The dwelling is on unit one to the two-unit condo within lot 11.A of the Seacliff Plantation Subdivision. What you are looking at is the condominium map for that property. On the left side their a (inaudible) area and that is an open space easement that was put on this property on the northside specifically to protect the US Fish and Wildlife Service property where the Kilauea National Preserve is to protect animals and US park birds. And you can see on that triangle (inaudible) piece, the line on the south side is essentially a setback on that side of the property. So, almost fifty (50) percent probably forty (40) percent of unit one is undevelopable and must remain open space to provide both a buffer for the wildlife and just to have open space. They line in the middle that comes out is the boundary of unit-one. So, everything to the left of the line in the middle that’s dotted is unit-one, everything to the right is unit-two. This application is only addressing unit-one. There is also an arch line coming over the top that’s the existing building setback line. This is a setback that prevents any building above that line and it’s well below the lower half of Crater Hill. So, the sort of triangle parcel that’s basically in the middle of the screen is the current developable footprint for unit one. There is a shared driveway that’s at the bottom and one side will put unit two and this, the other side we will put unit one. So, as the existing Conditions are today, this is the developable area. And I just wanted to also show what the houses for background, so it is clear it’s not a mega mansion or you know, a monster house. This is a three bedroom, three bath home the living area is approximately 4600 square feet, there are lanais around the living area, there is a pool, a driveway with a Porte cochere, a garage and a guest house, that’s the original proposal. Now, we have gone through various permutations to try to address the various concerns that have been raised by the opponents but have unable been to do so. However, 21 if you look on this map, you will see the triangular portion of the buildable area, and the lower down Crater Hill you go, the narrower and narrower it gets, so the ability to develop becomes limited. And just for the sake of your knowledge, if the 1982 setback line were in place, and I do have a copy of that map, it would create a small triangular area within unit two only. The 1988, the 1982 setback, if it were applicable, which it is not, would eliminate any development on unit one. Now, addressing the edition itself, the applicants or petitioners spent a lot of time on the actual details of the hearing and their objections, but this is a simpler question that’s presented, its do they have a unique interest that would be adversely and immediately affected by this dwelling? They have to make to showings. One, they have to show that their petition was timely, which it was not. And then two, they would have to show that unique interest that will be affected by the developer. As to timing, the public notice for this hearing was issued in August of 2021, for a hearing on September 14th, no petition was filed. Under your rules the petition must be filed seven days prior. So, it is clearly untimely, even with the continued hearing on August 26th, their petition was filed on the 19th, but it was during the day and there is no indication that it was filed before at 9:00 a.m. and it would technically be untimely if its anytime less than seven days prior to the hearing. And there is no excuse for them not having filed a petition because they are aware of this dwelling permit from a long time ago. The applicant went to the Kilauea Neighborhood Association, presented the application in December of 2020, people, it had an opportunity to view it, comment, he let people come out to the property, and in fact, the petitioner came to the property and submitted a comment letter at the Kilauea Association Board meeting and the Board ended up approving or recommending the approval of this dwelling. It’s important to remember that this is a single-family home within a subdivision that has been approved. In order for there to be impacts on interest, you know, unique interest this would have to be a substantial home that somehow impacts those interests. So, what we have seen from the petition is that the petitioners have done field trips, taken school children not to this property but to the US Fish and Wildlife Service Property where the refuge is, that’s where they are doing plant restoration, that’s where they are viewing the birds, there is a viewing platform up there to look out over the ocean and down along the cliffs. This dwelling being on the lower half of Crater Hill will have no impact on any of these activities that they have been able to do. And those activities are available to all of the public. Many people come and enjoy the refuge, there is trails by the lighthouse and they come. It is not a unique interest; these are interest that are shared by everyone. So, and I do want to make some points, even though it wasn’t raised in the petition through all the testimony all of the analysis that the County did over these last for weeks to see if there were traditional and customary native Hawaiian rights or practices on the property, and there is no testimony that there were actual rights on the property that were practiced. There is no evidence of anything being done on the property. Gary Smith, who provided public comments is extremely knowledgeable about Kilauea, he gave testimony that during his entire lifetime, he was never aware of any native Hawaiian practices taking place on this property or area of any fishing trails or hunting trails through the property, and he is according to his testimony a fisher and a hunter. So, there hasn’t been shown to be any practice on the property. The interest that are being sought after to be protected are of general nature, they are not unique, they are not distinguishable from the public in general, and this dwelling, which is reasonable and consistent with the other dwellings within the other subdivision and… Ms. Laura Barzilai: One- minute, Madame Chair. Mr. Irons: …will not have any impact on the petitioners claimed interest. And I will say with the 22 1982 setback, it maybe that the community you know, fought hard to have a setback at that time, but at that time, the roads weren’t even built within the subdivision. So, after the roads were built and carved out into the mountain that’s why the developer went back and said, “because of where the words had to be built these lines make the development unbuildable, and it is clearly for our unit it’s unbuildable. So, what the developer did was go back in 1994, and got a new SMA, it had to be subject to new Conditions, a whole new process but got approved, got the subdivision approved, got the new setback line put in place and that has never been rescinded. So, I would just ask the Commissioners to one, strictly follow the time guidelines of the Commission and two, deny this petition on substantive grounds. Thank you. Chair Apisa: Thank you. Thank you for sticking to your ten-minutes and I believe now we go back to the rebuttal from the intervention side. Ms. Vaughn: Mahalo. First of all, this petition was filed seven days before the October 26th hearing after the agreement of deferral by both the applicant and us in order that we could try and negotiate. Chair Apisa: If I could just remind you on both sides the rebuttal is three-minutes, just so you know it’s (inaudible). Ms. Vaughn: Yes, thank you so much. Second, the applicant is misrepresenting the law. First, there are on-going traditional and customary practices on the property. But the key for the Commission is also to evaluate the mitigations and impacts of activities surrounding the property and in the area. Thirdly, we the KNA decided made their decision before we toured the property and before having all of this information. I also, really want to focus on the 1982 setback line. So, first, the 1994 setback, which the applicant is using was predicated on multiple Conditions including a school site, a botanical garden, and an Ag. Park and was set to expire in two years if those Conditions where not full filled. In 2002, the developer came and represented the 1994 setback line before your department and staff wrote a report saying that “that line was no longer valid, the 1994 no longer valid and the official 1982 setback line remains in effect. We have all of these documents. In Addition, in the 1982 setback line is referenced on all of the deeds in the special treatment district area except for the Green’s property. It was on their deed 2017 and changed on their 2019 deed. And it is in the Seacliff Kilohana Declaration of the Condominium Property Regime as well as in the subdivision convenance for the subdivision. So, anyone choosing to buy this land should have been more than aware of this setback line, which, again is referenced by the applicant in their opposition to this petition. Lastly, as far as not having any buildable area, in 1988 when the developer first tried to move that line and again, we have records of every single Condition and how they changed along the way and every effort to change the setback line, two boxes of records here. The Findings of Fact and Contested Case with Uncle Dave, the Hearings Officer found, and the Commission certified in 1984, that there was more than enough buildable area, that the original subdivision line proceeds the roads, the setback proceeds, it sets the subdivision, it sets the roads, it sets everything. The subdivision was designed around the setback line affording each lot ample buildable area. They analyzed all of the lots, found a range of buildable area and there is still buildable area on each lot including lot 11.A, it has some of the most buildable area in this analysis by the Commission. An adherence to the setback line and its criteria will limit the buildable area on few of the lots, but not deprive the applicant of reasonable use of the property. 23 Ms. Laura Barzilai: Excuse me, Madame Chair, three-minutes. Ms. Vaughn: Mahalo. Chair Apisa: Thank you very much. Mr. Irons: Thank you, Chair and Commissioners, I appreciate your time and thoughtful consideration. The if there is an issue with the setback line, you can deny the petition and still determine through staff what you believe the setback line is if there is anything more to determine. As I showed you on the map, there is no buildable area within unit one on the 1982 setback line and that map also show there is a very small triangle part of it which go over the roadway easement and so, frankly, I don’t know what the Planning Commission might have been looking at in the past, but that is not a buildable area except for maybe a small shed. But there are supposed to be a home on unit one and a guest house and a home on unit two. That’s what the zoning is so the 1982 setback line would if applied not to taking of the applicant’s property. The 2002 staff report that’s been referred to on the setback line was a response by a staffer in the permit process and that permit was withdrawn, it never made its way up to the Planning Commission and ultimately, remember as I said before, in order for the 1994 setback line to be rescinded, revoked or changed it has to be done by the Planning Commission there is nothing automatic in the process. The rules make clear on under Chapter 12 on how you amend one of these permits, and it hasn’t been done. My client relied upon the 1994 setback which is in this deed it’s the second item in the lien list, it’s the 1994 setback. Its in all the documentation on the condo map showing that setback not the 1982 setback. The impacts to the areas are curious because this house is way done the hill so there is no impact to the continuing practices that are being done the neighboring adjacent property. What they are saying the impact is just the visual citing a house in and of itself is the impact. But this is what was addressed. This is way there are Conditions to protect the view plains and what they are really saying is that because they are doing a practice, they know that down that hill there is a house somewhere. If they continue their practices on the US Fish and Wildlife Service Areas where they are practicing, they would not be able to see the house. The only way they are able to see the house is if they move their practices on to unit one where they are closer and farther done the hill so that they can than look down or if they access for the first time, through the property the Fish and Wildlife Service Land then the can see, they would be able to see the house… Ms. Laura Barzilai: Three-minutes, Madame Chair. Mr. Irons: But I would ask that you would deny the petition as untimely, and we can move forward with the hearing. Thank you Chair and Commission members. Chair Apisa: Thank you very much. Now at this point I will ask the Commissioners if they have any questions of either party? Mr. Ako: Chair, this is Gerald. I got a real basic, basic question and I don’t mean to insult anybody, but I am just not familiar with the Kilauea area yeah, maybe the question is for Mehana. But where is Nihoku? I can see on the map I’m trying to figure it out, is it from the Kilauea Lighthouse down? And how far down? Where is it exactly Nihoku and Crater Hill? Ms. Vaughn: Commissioner Ako, that is a wonderful question. It is between the lighthouse and 24 Kahili Beach, the area that is known as Rock Quarry. It is right in between them and so it stands at the foot of the Ahupuaa of Kilauea. So, Kilauea doesn’t really have much beach we are sandwiched in between cliffs whereas, Kahili and Rock Quarry that ahupuaa and on the other side you get into Na mahana, Secret Beach area. But its from the lighthouse, if you are at the light house and you look back towards Anahola and Pilaa then you would be looking at Nihoku. And it is why Kilauea is Kilauea because it’s a volcanic crater and it’s always been defining to this place. When you get to the top you can see the crater and stand on the top. So, from the ocean you are looking onto a volcano, half of a volcano. And from land, you see what is behind me, the makai portion of Kilauea. Mr. Ako: The entire subdivision of Seacliff Plantation is within Nihoku? Ms. Vaughn: The Seacliff Plantation, the majority of it is located at the foot of Nihoku. And then Nihoku rises above the Seacliff Plantation. These particular lots as well as the ones at Seacliff that run along the edge of the Kahili River Valley they are the only ones in Seacliff that have the Special Treatment District Overlay. The Special Treatment Resource District, either because they are above the river or because they are up on this important scenic and ecological resource. All of the other lots in Seacliff, which is the majority is on agricultural, County zoned agricultural lands. This parcel is State zoned agricultural but County open, this is a different and more restrictive zoning then the rest of the most or most of the rest of Seacliff Plantation and this would only be the second house to be built on this flank of the hillside. The one that exist is over half of the size of what’s being proposed. Its only a total this dwelling is over 12000 feet total 30,000 square feet of developed area including garage, porte cochere, driveways. The existing one is 3,600 hundred feet and it appears to be within the 1982 building setback line. Mr. Ako: That’s very helpful, thank you. Ms. Vaughn: Mahalo. Chair Apisa: Commissioners, I’ll open for other questions. Ms. Cox: I have a question about below the 1982 setback, I know that there was the Commissioners originally said there was still buildable area in each of the parcels. So, I am just wondering looking at map and seeing a little triangle without any, any measurements make it very hard to see what that really looks like. To you have any idea of what the acreage or what the footage is of that buildable triangle? Ms. Vaughn: Absolutely. Chair Apisa: I’m sorry. May I ask who the question was directed to but go ahead, Mehana. Ms. Vaughn: Absolutely do. So, I am holding the 1984 Findings and Facts and Conclusions of Law Decisions and Order in the matter of the application Roberts and Larson Partnership for amendments to Conditions of approval of Special Management Area Use Permit SMA U 82-2. And this has been submitted to you, Commissioners as well as the Planning Department and the Applicant. And so, on page seven, this is from the Contested Case that Uncle Dave Sproat talked about, this is the final Findings and Facts and for points twenty-five an analysis of those lots that 25 Commissioner Ako, asked about on the slope of the hill side lots 11-15 was conducted and they found that the minimum… Ms. Laura Barzilai: Excuse me, Madame Chair. Dr. Vaughn, please forgive me I am so sorry for interrupting. Madame Chair, we have to direct the questions and the discussion to the argument with regard to the petition for intervention and not into matters with regard to the application itself and the details of the application for the permit. So, we should be restricting our questions and our discussion right now to only the petition to intervention and its opposition so that you can be fully briefed on that before you make your decision. I am very sorry Dr. Vaughn. Thank you, Chair. Ms. Cox: I apologize. Chair Apisa: Thank you for reminding us of the task at hand here and its really about the Contested Case. Ms. Vaughn: And isn’t that a Condition as part of the opposition and part of the application, was that moving the lot lower would possibly deprive the applicants of anything? If I am not allowed to ask this question I will stop. Ms. Barzilai: Excuse Dr. Vaughn, I believe we are getting into the actual discussion on the permit application and the intervention should be decided prior to any of that occurring. Thank you for your understanding. Chair Apisa: So. Commissioners, keep in mind that this is a petition for intervention that we’re considering at this time. Ms. Nogami Streufert: So, I have a question for the attorney before I go on. If that is the case… Chair Apisa: For which attorney? Ms. Nogami Streufert: They County attorney. There is a, one of the petitioner’s arguments is that it is not timely, and it is based upon the continuing hearing which was for the October Hearing. It was submitted seven (7) days ahead of time, but obviously not within the hundred and sixty- eight (168) hour seven (7) day deadline. So, does it, how do we count seven (7) days prior to the hearing? Ms. Barzilai: In accordance with the rule, Commissioner, you are asking? Ms. Nogami Streufert: Yes. It is within seven (7) days or its is exactly seven (7) days before the hearing. I think there are only two (2) arguments for this that have been specified. One of them is the timeliness and the other one is the specific interest. So, I am just trying to look at each one separately not looking at the issues of the case. But if you were to look at the timing of it and it says seven (7) days, and it is within seven (7) days, but it is not one hundred and sixty-eight (168) hours prior to as Mr. Irons has indicated. What metric are we using for seven (7) days prior to the hearing? Ms. Barzilai: Chair, I am not privy to the history of the rule, however, I am going to render an 26 opinion right now that it would be seven (7) calendar days. Ms. Nogami Streufert: Okay. Ms. Barzilai: If you would like, we could recess… Ms. Cox: I have another question. If someone is speaking, I don’t need to. Ms. Barzilai: Please, go ahead Vice Chair Cox. Ms. Cox: My question is for Dr. Vaughn. I am wondering according to the rule, we have rule 4. Untimeliness may actually be excused for good cause shown. I am just wondering if you could speak to of why you waited that long. Ms. Vaughn: Absolutely, we prepared a contested case petition in advance with September 14th Hearing, but this is a challenging issue, it’s hard for these landowners they are community members, and to go to a contested case was never our first choice. We were tasked by the Commission of the September 14th Hearing to negotiate with the applicants that was already under way prior to the September 14th Hearing. But we choose to continue those negotiations and did not file the petition until the in advance, seven (7) days advance of the next hearing so that we could really give a chance for those negotiations to work and really to have done everything we can in good faith to pursue those negotiations with the applicant. That was important to us as follow community members and the integrity of this place and this process. Ms. Cox: Thank you. Ms. Nogami Streufert: If I could follow on to that and if I understand this correctly than, they are really timely, if it is based upon days, they were within seven (7) days prior to the continuing hearing, is that correct? Mr. Irons: Can I answer that? Chair Apisa: Sure, go ahead. Mr. Irons: So, one, your rules are clear that its seven (7) days prior to notice of public hearing, which was September 14th. If you read the rules plainly it means September 7th 9 am would have been the time they needed to submit the petition, which of course they did not. The applicant never agreed to extend any deadline for filing petitions to intervene when that hearing was continued. The hearing was continued because of public comment and the Commissioners continued it, because there was a lot of comments. So, if you go to, if you say that continued hearing gives them a new opportunity to file which I don’t believe the law allows that, it says at least seven (7) days before, so “at least” means it has to be seven (7) days, you got to calculate the hours or more and that is our position. Chair Apisa: Thank you. Commissioners, (inaudible). Ms. Vaughn: The applicant’s attorney at the time, who was Ian Jung, at the September 14th 27 meeting on the record, did wave their right to the timeline and agreed to the extension. That was before… Mr. Irons: Not to intervention. Chair Apisa: Commissioners, I would like to entertain a motion to go into Executive Session. Ms. Cox: I was just about to make such a motion. I would like to move to enter Executive Session so that we can consult with the County’s legal counsel on questions, issues, status and procedural matters on this case. Ms. Nogami Streufert: I second. Chair Apisa: I believe I must read into the record pursuant to the Revised Statute Section… Ms. Barzilai: Pardon me, Madame Chair. I think maybe you take a vote on this first and then if the vote is successful then we will go a head and read the notice into the record, if that is okay? Chair Apisa: Yes. Ms. Barzilai: Would you like me to take a roll call vote on this motion to enter Executive Session? Chair Apisa: Yes. I would differently like a roll call vote on this. Ms. Barzilai: Motion on the floor to enter Executive Session. I am going to take the roll call. Commissioner Ako? Mr. Ako: Aye. Ms. Barzilai: Commissioner Chiba? Mr. Chiba: Aye. Ms. Barzilai: Commissioner DeGracia? Mr. DeGracia: Aye. Ms. Barzilai: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Barzilai: Commissioner Streufert? Commissioner Streufert? Ms. Nogami Streufert: Aye. Ms. Barzilai: Vice Chair Cox? 28 Ms. Cox: Aye. Ms. Barzilai: Chair Apisa? Chair Apisa: Aye. Ms. Barzilai: Unanimous vote to enter Executive Session. Motion carried 7:0. Madame Chair you may now read Item H. and H.1 into the record. EXECUTIVE SESSION The Commission may go into executive session on an agenda item for one of the permitted purposes listed in Section 92-5(a) Hawaii Revised Statutes (“H.R.S.”), without noticing the executive session on the agenda where the executive session may only be held, however, upon an affirmative vote of two-thirds of the members present, which must also be the majority of the members to which the board is entitled. HRS Section 92-4. The reason for holding the executive session shall be publicly announced. Pursuant to Hawaii Revised Statutes Section 92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the County’s legal counsel on questions, issues, status and procedural matters. This consultation involves consideration of powers, duties, privileges, immunities and/or liabilities of the Commission and the County as they relate to the matter of: SPECIAL MANAGEMENT ARE USE PERMIT (SMA(U)-2022-1), CLASS IV ZONING PERMIT(Z-IV-2022-1), and USE PERMIT (U-2022-1), for the construction of a farm dwelling unit, guest house, garage, and associated site improvements within Lot 11-A of the Seacliff Plantation Subdivision in Kilauea, involving a parcel situated approximately 1,000 feet west of athe 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= Phillip J. & Linda M. Green. Chair Apisa: The Commission may go into executive session on an agenda item for one of the permitted purposes listed in Section 92-5(a) Hawaii Revised Statutes (“H.R.S.”), without noticing the executive session on the agenda where the executive session may only be held, however, upon an affirmative vote of two-thirds of the members present, which must also be the majority of the members to which the board is entitled. HRS Section 92-4. The reason for holding the executive session shall be publicly announced. Pursuant to Hawaii Revised Statutes Section 92-4 and 92- 5(a)(4), the purpose of this executive session is to consult with the County’s legal counsel on questions, issues, status and procedural matters. This consultation involves consideration of powers, duties, privileges, immunities and/or liabilities of the Commission and the County as they relate to the matter of: SPECIAL MANAGEMENT ARE USE PERMIT (SMA(U)-2022-1), CLASS IV ZONING PERMIT(Z-IV-2022-1), and USE PERMIT (U-2022-1), for the construction of a farm dwelling unit, guest house, garage, and associated site improvements within 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 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. 29 So, with that we will go into executive session I would estimate maybe 30 minutes and we will be back on this call. So, I believe Commissioners will hang up and will log into the Executive Session and then later one we will come back to the meeting. We will adjourn now to the Executive Session. The Commission moved into Executive Session at 10:49 a.m. The Commission returned to Open Session at 11:32 a.m. Chair Apisa: Call the meeting back to order after Executive Session. Ms. Barzilai: We’ll take the roll call. Commissioner Ako? Mr. Ako: Here and by myself. Ms. Barzilai: Commissioner Chiba? Mr. Chiba: Here and by myself. Ms. Barzilai: Commissioner DeGracia? Mr. DeGracia: Here and by myself. Ms. Barzilai: Commissioner Otsuka? Ms. Otsuka: Here and by myself. Ms. Barzilai: Commissioner Streufert? Ms. Nogami Streufert: I’m by myself. Ms. Barzilai: Vice Chair Cox? Ms. Cox: Here and by myself. Ms. Barzilai: Chair Apisa? Chair Apisa: Here and by myself. Ms. Barzilai: All are are present. Seven Present. Chair Apisa: Thank you very much and thank you all for your patience while we were in executive session. So, to resume I would go back to the Commissioners, so you have any further questions for the applicant or the request to intervene? Hearing none. Is everyone… Ms. Cox: I would like to make a motion, but first before I make the motion, I just would like to say that this is very complex and very difficult situation and case, so I appreciate everyone’s best work on it. In accordance with Chapter 4 of our Commission rules I would like to make a motion to 30 grant intervention and refer this to Boards and Commissions to appoint a Hearings Officer. Mr. Chiba: I second. Chair Apisa: We have a motion on the floor. Is there any discussion on the motion? Hearing none. The motion here is to refer this to Boards and Commissions to appoint a Hearings Officer. Ms. Barzilai: And to grant the petition to intervention. Chair Apisa: And to grant the petition to intervention. Ms. Barzilai: Thank you. Chair Apisa: I would like you to take a roll call, if you could do that, attorney Barzilai. Ms. Barzilai: Sure, Madame Chair. Commissioner Ako? Mr. Ako: Aye. Ms. Barzilai: Commissioner Chiba? Mr. Chiba: 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: Vice Chair Cox? Ms. Cox: Aye. Ms. Barzilai: Chair Apisa? Chair Apisa: Wow, it’s a really tough decision. And the votes already been decided but I will vote, Aye. Ms. Barzilai: Thank you. Motion Carried 7:0. Chair Apisa: Thank you, so there… 31 Ms. Barzilai: Madame Chair, I think we proceed with the agenda at his point, and if Clerk Hull if you can come back on and we will go to Item I and J. New Agency Hearing Mr. Hull: Moving on to the next Agenda Item. Madame Chair, we have no New Agency Hearing. Continued Public Hearing Mr. Hull: No Continued Public Hearing. New Public Hearing All remaining public testimony pursuant to HRS92 (Sunshine Law) CONSENT CALENDAR Mr. Hull: Nothing for Consent Calendar. GENERAL BUSINESS MATTERS Mr. Hull: We will move into…no General Business. COMMUNICATION Notice of Withdrawal (received 12/2/2021) from Max W. J. Graham, Jr., Belles Graham LLP in the matter of the Application of SOF-XI Kauai PV Golf, L.P., a Delaware limited partnership, for PROJECT DEVELOPMENT USE PERMIT (PDU-2022-1), CLASS IV ZONING PERMIT (Z-IV-2022-3), and USE PERMIT (U-2022-3), to allow a development involving developed campground facilities affecting Holes #1 through #3 of the Princeville Makai Golf Club, Woods Course and the existing fitness center facility in Princeville, situated on the western side of Lei O Papa Road, approximately 400 feet south of the Lei O Papa Road/ Ka Haku Road intersection, further identified as Tax Map Keys: (4) 5-4- 006:003, 005 & 006 and affecting a total area of 6.27 acres of a larger parcel. Mr. Hull: So, we will move all the way into J., Communication 1., Notice of Withdrawal (received 12/2/2021) from Max W. J. Graham, Jr., Belles Graham LLP in the matter of the Application of SOF-XI Kauai PV Golf, L.P., a Delaware limited partnership, for PROJECT DEVELOPMENT USE PERMIT (PDU-2022-1), CLASS IV ZONING PERMIT (Z-IV-2022-3), and USE PERMIT (U-2022-3), to allow a development involving developed campground facilities affecting Holes #1 through #3 of the Princeville Makai Golf Club, Woods Course and the existing fitness center facility in Princeville, situated on the western side of Lei O Papa Road, approximately 400 feet south of the Lei O Papa Road/ Ka Haku Road intersection, further identified as Tax Map Keys: (4) 5-4-006:003, 005 & 006 and affecting a total area of 6.27 acres of a larger parcel. So ultimately this is a letter of withdrawal of application for those permits. The Department does not have a report, we are just not objecting to the withdrawal letter. Ultimately, a motion for receipt is appropriate, but if you folks have any questions for me or the applicant they 32 are here. Chair Apisa: Does anyone have any questions? Or is there a motion to accept the withdrawal request. Ms. Otsuka: I would like to make a motion to receive the Notice of Withdrawal from Max E. J., Graham in the matter of application SOF-IX Kauai PV Golf L. P., for Project Development Use Permit (PDU- 2022-1), Class IV Zoning Permit Z-IV-2022- 3, and Use Permit U-2022-3, Identified as Tax Map Keys: (4) 5-4-006:003, 005 & 006 and affecting a total area of 6.27 acres of a larger parcel. Ms. Nogami Streufert: Second. Chair Apisa: Thank you very much for the second. Is there any discussion on the matter? Hearing none. I would like to take a roll call, Kaaina, if you don’t mind. Mr. Hull: Roll call and motion to receive on the Letter/Notice of Withdrawal. Commissioner Ako? Mr. Hull: Commissioner Ako. Mr. Ako: Aye. 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. 33 Mr. Hull: Motion Passes, Madame Chair. Motion Carried 7:0. Mr. Irons: Thank you very much. COMMITTEE REPORTS Mr. Hull: Next we have Agenda Item K., Committee Reports. The Committee Reports pertain to the Subdivision Committee. I will turn it over to the Subdivision Committee Chair DeGracia. Mr. DeGracia: Today, we had Commissioner Ako, Commissioner Chiba, and me. There were three (3) Items on the Tentative Subdivision Map Approval. Subdivisions Applications No. 2022- 2, which was approved, Subdivisions Applications No. 2022-4, which was approved, Subdivisions Applications No. 2022-2, which was approved, and Subdivisions Applications No. 2022-5, which was also approved. This concludes my Report. Chair Apisa: Do we have a motion to approve the Subdivision Committee Report. Ms. Nogami Streufert: I move to approve the Subdivision Committee Report. Ms. Otsuka: I second. Chair Apisa: Any comments or questions about it? All right, I think we could take a voice vote on this. All in favor? Aye. (Unanimous voice vote). Any Opposed? Hearing none. Motion carried. 7:0. ANNOUNCEMENTS Topics for Future Meetings The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter on January 11, 2022. 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: Next on the Agenda moving on to Announcements, topics for future meetings. This is the last meeting of the year. We don’t have a very full first few coming months, we have a handful of use permits and some zoning amendments will be coming at you folks of course in the next six (6) months is spinning up a series of clean-up amendments so quite honestly through out the 2022 year, we do anticipate nine (9) to twelve (12) zoning amendments coming at you. The vast majority of them are clean-ups. And if any of you would want to go over them prior to introduction, we are definitely available. The next scheduled January 11th, 2022. EXECUTIVE SESSION The Commission may go into executive session on an agenda item for one of the permitted purposes listed in Section 92-5(a) Hawaii Revised Statutes (“H.R.S.”), without noticing the executive session on the agenda where the executive session may only be held, however, upon an affirmative vote of two-thirds of the members present, which must also be the 34 majority of the members to which the board is entitled. HRS Section 92-4. The reason for holding the executive session shall be publicly announced. Mr. Hull: So, the last Agenda Item for this year would be the Executive Session Pertaining to the Director’s Evaluation. I am going to turn it over to either the Chair or the attorney to read you folks into the matter of the Executive Session. But other then that, thank you, thank you all. Ms. Otsuka: Thank you. Chair Apisa: Thank you, Kaaina, for another great year. Ms. Cox: Thank you, Kaaina. Ms. Nogami Streufert: Happy holidays. Mr. Hull: Happy holidays all. Mr. Chiba: Thank you, Kaaina. Ms. Barzilai: Thank you, Kaaina. Kaaina? Director Hull, may I ask you to be invited into the meeting for future goals? Will you be available for that? Mr. Hull: I am available for the evaluation if you folks want to talk with me in executive session. So, I will be available for that. Ms. Barzilai: Mahalo. Mr. Hull: Thank you. Chair Apisa: So, I believe I read into the record again, the Executive Session. The Commission may go into executive session on an agenda item for one of the permitted purposes listed in Section 92-5(a) Hawaii Revised Statutes (“H.R.S.”), without noticing the executive session on the agenda where the executive session was not anticipated in advance. HRS Section 92-7(a). The executive session may only be held, however, upon an affirmative vote of two-thirds of the members present, which must also be the majority of the members to which the board is entitled. HRS Section 92-4. The reason for holding the executive session shall be publicly announced. So, do we have a motion to go into executive session? Ms. Cox: I move we go into Executive Session. Ms. Otsuka: I second. Chair Apisa: That would be to discuss the evaluation to discuss the Planning Director’s evaluation and performance. We have a motion on the floor, is there any further discussion? All in favor? Aye. We can do a voice vote. (Unanimous voice vote). Any Opposed? Meeting is adjourned to Executive Session. Motion carried. 7:0. 35 Pursuant to Hawaii Revised Statutes Section 92-5(a)(2 and 4), the purpose of this executive session is to discuss matters pertaining to the annual evaluation of the Planning Director. This session pertains to the evaluation of the Planning Director’s work performance where consideration of matters affecting privacy will be involved. Further, to consult with legal counsel regarding powers, duties, privileges, and/or liabilities of the Planning Commission as it relates to the evaluation of the Planning Director. Chair Apisa: Pursuant to Hawaii Revised Statutes Section 92-5(a)(2 and 4), the purpose of this executive session is to discuss matters pertaining to the annual evaluation of the Planning Director. This session pertains to the evaluation of the Planning Director’s work performance where consideration of matters affecting privacy will be involved. Further, to consult with legal counsel regarding powers, duties, privileges, and/or liabilities of the Planning Commission as it relates to the evaluation of the Planning Director. We are now adjourned to Executive Session, and we will come back here afterwards to finish our… ADJOURNMENT Ms. Barzilai: Pardon me, pardon me, Madame Chair, I think as a matter of efficiency we could probably move to adjourn the entire meeting at this time. You may want to ask for a motion to adjourn the regular meeting after conclusion of the executive session so that we don’t have to return to this platform. Chair Apisa: Yes, I think that is definitely in order since I don’t see any other Agenda Item other than Adjournment. So, I would like a motion to adjourn the meeting following the conclusion of the Executive Session. Chair Apisa: Hearing none. I entertain a motion to adjourn. Ms. Cox: I so move Ms. Nogami-Streufert: Second. Chair Apisa: Hearing no comments. All those in favor? A voice vote, please? Aye. (Unanimous voice vote). Any opposed? Hearing none. Meeting is adjourned subject to completion of the Executive Session. Motion Carried. 7:0. Thank you. Chair Apisa: adjourned the meeting at 11:49 a.m. 36 Respectfully submitted by: Arleen Kuwamura, Commission Support Clerk ( ) Approved as circulated (add date of meeting approval). ( ) Approved as amended. See minutes of meeting. 37 ORDINANCE N0.B1LL N0. A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING TO ADDITIONAL RENTAL UNITS SECTION 1.Findings and Purpose.The Council finds that Kaua'i is currently in a housing crisis with the current housing inventory unable to meet the local demand for housing units. The Council also finds that the Additional Rental Units standards for road widening under Kaua'i County Code (KCC)Section 8-30.1(C)(4)extends the time it takes to get an ARU Clearance Form by at least two to three months. The Council also finds that Section 8-30.1 (C)(4)Additional Rental Unit standards for road widening replicated Sectional 8-15.1(4)(E)Additional Dwelling Units standards for road widening.While the original intent of the requirement for a road widening agreement was to ensure non-standard roadways be brought up to county standards,there have been no substandard roads brought into conformity through ADU associated road widening agreements. The Council also finds that removing Section 8-30.1 (C)(4)will remove this unnecessary two to three month delay in the ARU clearance form process. The purpose of this ordinance is to amend the Comprehensive Zoning Ordinance to remove the requirement for a lot of record to have direct access to a County standard road or have the Subdivision Ordinance or the "Kaua'i County Planning Commission Road Widening Policy"be applied to the ARU clearance form process. SECTION 2.Chapter 8,Article 15,Kaua'i County Code 1987,as amended is hereby amended by amending Sec.8-30.1,to read as follows: (a)One Additional Rental Unit may be constructed as an accessory to an existing dwelling unit located within the Residential Zoning District,subject to the following conditions: (1)The maximum total floor area for an Additional Rental Unit shall be 800 square feet.The total floor area shall mean the sum of the horizontal areas of each floor of a building,measured from the interior faces of the exterior walls.The total floor area shall include enclosed attached accessory structures such as garages or storage areas.Unenclosed attached structures such as breezeways,lanais,or porches shall be excluded. (2)One (1)off-street parking space per Additional Rental Unit shall be provided in addition to the required off-street parking for the primary dwelling unit(s). (3)Neither the owner or owners,nor the heirs,successors or assigns of the owner or owners will submit the lot or any portion thereof to a condominium property regime under the provisions ofHawai'i Revised Statutes,Chapter 514A and 514B,to separate the ownership of an Additional Rental Unit from the ownership of its primary dwelling unit. (4)The Additional Rental Unit shall be used only for long-term rental or otherwise occupied for a period of at least six (6)months per year. (5)The Additional Rental Unit shall not be used for transient accommodations,including but not limited to a homestay or transient vacation rental. JUN 2 8 2022 (b) (6)Provided the Department ofPublic Works,Engineering Division does not object,an additiona]ten percent (10%)land coverage beyond the land coverage maximum established under Section 8-4.3 shall be provided to the respective property for the construction of an Additional Rental Unit(s)and any required off-street parking stall(s). With the exception ofSection 8-30.1(a)(6),the development standards for an Additional Rental Unit shall be the same as the requirements of Section 8-4.3 and Section 8-4.5 relating to the Residential District. (c)Prior to building permit review for an Additional Rental Unit,the following public facilities shall be found adequate to service the Additional Rental Unit: (1)For sewered areas,the availability and capability of a public sewer system shall be confirmed in writing by the Department of Public Works.The availability of a private sewer system or an individual wastewater system shall be confinned in writing by the State of Hawai'i Depanment ofHealth. (2)The availability of water (including but not limited to source,transmission,and storage lines/facilities)shall be confirmed in writing by the Department of Water. (3)Approval in writing for an Additional Rental Unit from the Kaua'i Fire Department shall be required. [(4)The lot must have direct access to a street that has an all weather surface (asphalt or concrete)roadway pavement continuous to the major thoroughfare,or if the street does not have such all-weather surface at the time ofapplication for a building permit,there exists funds specifically appropriated in the capital improvement budget ordinance for such roadway pavement.The Planning Director and County Engineer shall apply the standards and criteria for requiring road improvements established pursuant to Chapter 9,Subdivision Ordinance, Kaua'i County Code 1987,as amended,and the "Kaua'i County Planning Commission Road Widening Policy"(as may be amended)for those roads considered substandard.] (d)The Additional Rental Unit Facilities Clearance Form as prescribed by the Planning Director shall be completed prior to application for a building permit and shall be submitted with the building permit application.All requirements and conditions on the completed Additional Rental Unit Facilities CIearance Form shall be met prior to issuance of a building permit based on legal requirements at the time of building permit issuance.The Planning Director shall certify the Additional Rental Unit Facilities Clearance Form as complete only if every signature blank on the form has been signed by the respective department or agency,and the applicant has signed an affidavit prescribed by the Planning Director. (e)The permitting and constmction of an Additional Rental Unit shall confonn to Chapter 444 and Chapter 448E of the Hawaii Revised Statutes. (f)Additional Rental Units shall be prohibited on any property located within any of the County of Kaua'i's Tsunami Evacuation Zones west of the Hanalei River. (g)Additional Rental Unit (ARU)Subsidy;Purpose.There is hereby established and created an account to be known as the "Additional Rental Unit (ARU)Subsidy"within the Housing Development Fund (Fund No.512)for the purpose of subsidizing efforts associated with the Facilities Reserve Charge (FRC). Administration.The County Housing Agency shall certify an applicant's qualification to receive an Additional Rental Unit (ARU)Subsidy.Applications for an ARU Subsidy shall be processed on a first come,first served basis,subject to funding availability.Copies ofall ARU Subsidy Applications,regardless ofaffordability certification result,shall be provided to the Planning Department,the Public Works Department-Wastewater Division,and the Public Works Department- Building Division prior to any waiver of fees. Appropriation ofFunds.An appropriation of$l 13,200 from the Housing Development Fund shall be set aside to assist property owners with efforts associated with the Facilities Reserve Charge. Annual appropriations from the Housing Development Fund shall be subject to Council approval. Any balance remaining in the Additional Rental Unit (ARU)Subsidy account at the end of any fiscal year shall not lapse.The moneys in the Additional Rental Unit (ARU)Subsidy account shall not be used for any purpose except those listed in this section.Any violation of the affordable housing restrictions required by the Housing Agency may result in an ARU Subsidy Repayment as follows: Repayment.The ARU Subsidy Repayment constitutes a lien upon the real property in which the ARU is situated.The lien may be recorded in the appropriate land record system.After any failure to pay the amount due,the lien may be enforced by any legal action,including foreclosure proceedings.In the event legal action is instituted for collection,the County shall be reimbursed for all costs of collection including reasonable attomeys'fees. Rules and Regulations.The Kaua'i County Housing Agency is hereby authorized and directed to promulgate mles and regulations as may be necessary to implement subsection 8 30.1(g)within twelve (12)months from approval ofthis Ordinance. Preemption.Nothing in this section shall be construed to preempt or prohibit the authority in any otherprovisionofthe Kaua'i County Code 1987,as amended.(Ord.No.1026,March 19,2018; Ord.No.1059,November 12,2019) Nnmber ofdays In AffordaUe Rental Program Pereent ofARUSubsidy Repayment Less than or equal to 365 days (1 year)100% Less than or equal to 730 days (2 years)75% Less than or equal to 1,095 days (3 years)50% Less than or equal to 1,460 days (4 years)25% Less than or equal to 1,825 days (5 years)10% ^^^PLANNINGCOMMISSION KAAINA S.HULL,CLERK OF COMMISION HELEN COX,CHAIR FRANCIS DEGRACIA.VICE CHAIR GERALDAKO,MEMBER DONNAAPISA,MEMBER MELVIN CHIBA.MEMBER GLENDA NOGAMI-STREUFERT,MEMBER LORI OTSUKA,MEMBER MEMORANDUM To: Fr: Honorable Commissioners Kauai Plannina Commissioi Kaaina S.Hull Clerk ofthe Commission Date:June 7,2022 RE:Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to the Planning Director's Denial of 2022 Renewal Application Packet for the Untimely filing of Renewal Application for Non-Conforming Use Certificate TVNCU #4275,Hebgen Investments LLC, (Moana Kai Beach House),4439 Kaloloku Rd #B,TMK 45003001,Kapaa, Kauai,received on May 23,2022 via email,for referral to Board and Commissions as Contested Case File No.CC-2022-4. Please refer this appeal filed as CC-2020-4 to Boards &Commissions to conduct the required analysis and contested case hearing,as necessary. Services should include but not be limited to:procure the services of a hearings officer, conduct the hearing,consolidate appeals where necessary,dispose of all pre-hearing motions,receive and record all evidence including subpoenaing any witness,and render a recommended filings of fact,conclusions of law,decision and order for the Planning Commission's Action. 4444 Rice Street,Suite A473 •Lihu'e.Hawai'i 96766 •(808)241-4050 (b) An Equal Opportunity Employer «.'• JUN 2 8 2022 May15,2022 Hebgen Investments/Ball Family 347 E.Winding Creek Dr. Suite 100 Eagle,ID 83616 Ka'aina S.Hull County of Kaua'i 4444 Rice St. Lihu'e Hawai'l 96766 COUHTV nrl-'"'!A! •22 CiAY 23 P 1 55 PLANNING DEPT. RE APPEAL OF FORTFEITURE:TVNCU #4275 Dear Mr.Hull, Hebgen Investments is a small LLC that principally owns a home at 4439 Kaloloku Rd.in Kapaa. The home was purchased by my father,Gaylon Ball in 2019 as a place where he and my late mothercould spend time in Kaua'i.After my mother's passing in 2020,the home was moved to Hebgen Investments and used as a vacation rental. We have an excellent property manager who lives in Kaua'i.Part of her responsibility with management is renewing the TVNCU permit on an annual basis. This year,2022,the property manager was unable to submit the permit due to her being ill with Covid-19.During the week that the permit application would have been typically submitted,she was admitted to a local hospital and unable to carry out this important task.We are grateful that she has experienced a full recovery. Due to the unusual circumstance that surrounded the permit application this year,we ask that the County of Kaua'l reconsider the TVNCU application and grant it for the year ending April 5, 2023. Losing the TVNCU permit has created considerable economic loss.Upon receiving the Cease- and-Desist letter ofApril 22,2022,we were forced to refund approximately $140,000 of reservation deposits,the property value is significantly degraded as it is no longer marketable as a vacation rental and the holding cost of the home in terms of property tax,HOA fees and maintenance must be met regardless of ifthe home is used vacation rental. We constantly endeavor to keep the property in good repair and to be a good neighbor in the area.We have complied with the requirernents outlined in the notice of Forfeiture of TVRNCU that was received on April 22,2022. 1 look forward to hearing from you and learning what might be required to reinstate the TVNCU permit for this home. Sincerely,I, y-^( Josh Ball ••-^..-. l1..,'^^-^- DEPARTMENT OF PLANNING KA'AINA HULL.DIRECTOR JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR DEREK S.K.KAWAKAMI,MAYOR MICHAELA.DAHILIG.MANAGING DIRECTOR DENIAL OF 2022 RENEWAL APPLICATION PACKET CE&TIFIED MAIL Hebgen Investments LLC c/o Josh Ball 947 Winding Creek Dr.Suite 100 Eagle,ID 83616 Subject:DENIAL OF 2022 RENEWAL APPLICATION PACKET for Non-Conforming Use Certificate TVNCU #4275 (IVIoana Kai Beach House) 4439 Kaloloku Rd #B TIVIK 45003001,Kapaa,Kauai Hebgen Investments LLC,applicant The subject TVNCU was to be renewed by April 5,2022 as required by Sec.8-17-10 (h)(1)of Kauai County Code,1987,as amended,which was the annual date of issuance of the non- conforming use certificate. Furthermore,Section 8-17.10(h)(1)states: Each application to renew shall include proofthat there is a currently valid State of Hawaii general excise tax license and transient accommodations tax license for the nonconforming use and shall be received by the Department prior to the expiration date ofa held Nonconforming Use Certificate.Failure to meet this condition will result in the automatic denial of the application for renewal of the Nonconforming Use Certificates. You failed to submit a renewal application with the required documentation prior to April 5, 2022 .It is for this reason that the renewal packet submitted to the Department on May 24, 2022 is being denied and returned to you (attached). You were ordered to Cease and Desist the transient vacation rental use ofthe property by letter dated April 28,2022 (attached). You are hereby instructed to implement the following immediately: a.Cease and desist the use ofthe single family residence as a vacation rental; b.Remove all advertisements,including website,related to the existing Vacation 4444 Rice Street,Suite A473 •Lihu'e,Hawai'i 96766 •(808)241-4050(b) An Equal Opportunity Employer Rejection of Renewal Application TMK:45003001 Page2 c.Rental use of the property; d.Suspend or cancel the GE and TAT licenses for the Vacation Rental use; e.Cancel all Transient Vacation rental commitments for the property. By undated letter attached with the renewal packet submitted on May 24,2022,the Department acknowledges compliance with the above referenced requirements. You have the right to appeal this decision and any appeal must be filed with the Planning Commission within 21 days after the date of this decision to provide you an opportunity for a hearing before the Planning Commission.The appeal must conform to Chapter 9 ofthe Rules of Practice and Procedure ofthe Planning Commission.The Rules of Practice and Procedure ofthe Planning Commission are available on the Department's website. By letter received May 23,2022,the Department acknowledges receipt of a letter of appeal from owner Josh Ball. Should you fail to Cease and Desist the vacation rental use ofthe property within the time period noted above and it is confirmed by the Department,you will be issued a Notice of Violation,$10,000.00 civjl fine,and the matterforwarded to the Prosecutor's Office for criminal prosecution.Should you appeal this forfeiture,the vacation rental use must still cease. Should you have any questions regarding this matter,please contact Planning Program Manager,Enforcement Michael Laureta at 808-241-4071 ormlaureta@kauai.gov. KA'AINA S.HULL Deputy Director of Planning Encls C:Laura Barzalai,Deputy County Attorney DEPARTMENT OF PLANNING KA'AINA HUIL.DIRECTOR JODI A.HIGUCHI SAYEGUSA.DEPUTY DIRECTOR OEREK S.K.KAWAKAMI.MAYOR MICHAELA.DAHILfG,MANAGfNG DIRECTOR DENIAL OF 2022 RENEWAL APPLICATION PACKET CERTIFIED MAIL Hebgen Investments LLC c/o Josh Ball 947 Winding Creek Dr.Suite 100 Eagle,ID 83616 Subject:DENIAL OF 2022 RENEWAL APPLICATION PACKET for Non-Conforming Use Certificate TVNCU #4275 (h/loana Kai Beach House) 4439 Kaloloku Rd #B TMK 45003001,Kapaa,Kauai Hebgen Investments LLC,applicant The subject TVNCU was to be renewed by Asril 5.2022 as required by Sec.8-17-10 (h)(1)of Kauai County Code,1987,as amended,which was the annual date of issuance of the non- conforming use certificate. Furthermore,Section 8-17.10(h)(1)states: Each application to renew shall include proofthat there is a currently valid State of Hawaii general excise tax license and transient accommodations tax license for the nonconforming use and shall be received by the Department prior to the expiration date of a held Nonconforming Use Certificate.Failure to meet this condition will result in the automatic denial of the application for renewal of the Nonconforming Use Certificates. You failed to submit a renewal application with the required documentation prior to April 5, 2022 .It is for this reason that the renewal packet submitted to the Department on May 24, 2022 is being denied and returned to you (attached). You were ordered to Cease and Desist the transient vacation rental use of the property by letter dated April 28,2022 (attached). You are hereby instructed to implement the following immediately: a.Cease and desist the use ofthe single family residence as a vacation rental; b.Remove all advertisements,including website,related to the existing Vacation 4444 Rice Street,Suite A473 •Lihu'e.Hawai'i 96766 •(808)241-4050(b) An Equal Opportunity Employer Rejection of Renewal Application TMK:45003001 Page 2 c.Rental use of the property; d.Suspend or cancel the GE and TAT licenses for the Vacation Rental use; e.Cancel all Transient Vacation rental commitments for the property. By undated letter attached with the renewal packet submitted on May 24,2022,the Department acknowledges compliance with the above referenced requirements. You have the right to appeal this decision and any appeal must be filed with the Planning Commission within 21 days after the date of this decision to provide you an opportunity for a hearing before the Planning Commission.The appeal must conform to Chapter 9 of the Rules of Practice and Procedure of the Planning Commission.The Rules of Practice and Procedure ofthe Planning Commission are available on the Department's website. By letter received May 23,2022,the Department acknowledges receipt of a letter of appeal from owner Josh Ball. Should you fail to Cease and Desist the vacation rental use ofthe property within the time period noted above and it is confirmed by the Department,you will be issued a Notice of Violation,$10,000.00 civil fine,and the matter forwarded to the Prosecutor's Office for criminal prosecution,Should you appeal this forfeiture,the vacation rental use must still cease. Should you have any questions regarding this matter,please contact Planning Program Manager,Enforcement Michael Laureta at 808-241-4071 or m[aureta@kauai.gov. KA'AINA S.HULL Deputy Director of Planning Ends c:Laura Barzalai,Deputy County Attorney V.f T -i:T^rj.::~si ,'r.'v-^:s'.^.~L.;^t"-..l"..y%a BSf B B ^?ff*^. PLAN^:NG DEFAS'MENT -CO!j>;Ty Q!"KA;:&! nAT£-l^i^l^;:^;py'uTo:County of Kauai Planning Department Attn:Michael Laureta and Mr.Ka'aina S.Hull RE:TVKNCU Permit Renewal #4275 Dear Sirs, My name is Tina Funk of BIue Jade Rea]Estate.I am writing this letter today to let you know that I have foUowed all ofthe commands and instructions in the Cease-and-Desist Letter received from your office on April 28,2022.I immediately cancelled each booking and refunded every reserved Guest. I wfll not take much of your valuable tirne m this letter.However,I would Uke to say that in my nearly 30 years as a Realtor and Broker I have never made such a drastic error by not renewing the NCU permit in the required timely manner.This was the most catastrophic error of my career.And I am certain fhat had I not been suffering so seriously from Covid in February, which is when I would be completing the renewal packet,this would have been done in the timeframe required for renewal. I ^m asking for your forgiveness,and mercy.This has impacted the BaB Famfly,the cleaning crew,the Site inspector,and others fhat depend on this home to make a Uving.I take the full responsibility for my actions and epic faUure.This is heart wrenching beyond measure. I am asking with deep heartfelt humUity that you would please reconsider the acceptance of this renewal packet and allow the TVRNCU pennit to be reinstated. Sincerely and with Thanks, Tina Funk Blue Jade Rea]Estatf 808-688-6855 503 59-101/1213 »tSss^!tS^siSe& iVy ewS"sfSiS.KSKS!-S—V..'._^"..7'"—®S^fgiy,w'v-'Kf39^s^.{iy^;'a'f}.'!l-'^^^ -^'.'7~:Jhrte »^.<«w-W///M-A/*••-^ iilZ&?,,»^?<2fi s^s&' 'FirstHawanan&Bk.-^^iS^^Si'^^SS^'^CS'USSiiHt: 'fe.':•••y.^a%^..s''f'—''':1 :^^z»£^^..z&:^.^. i:1 31 30 iiOl 51:0503 3D-1 3>.303n' DocuSlgn Envelope ID:8BF8E9BA-7FD2-453B-ADAF-71E3330A70C7 COUNTf'OF KAUA'I PLANNING DEPARTMENT •(808)241-4050 4444RiceStreet,SuiteA473 •Li'hu'e,Hl 96766 2022 TRANSIENT VACATION RENTAL RENEWAL APPLICATION FORM I.CON1ACTINFORMATION ^pplicant:Check here if this is a new Owner*: MEBGENINVESTMENTS LLC /AME OF OWNER /LESSEE (required) JOSH BALL .ontactNameofOwner (FirstName)(LastName) )47 Winding Creek Dr.Suite 100 'wner's Current Mailing Address Eagle ID 83616 ity State Zip Code EBGENINVESTMENTS@GMAIL.COM ,208 ,577-8753 wner's Email Address Owner's Phone Number pplicanfs authorized rearesentative,if different from above: Hna Funk ^NAGING AGENT CONTACT NAME (if applicable) ilue Jade Real Estate anagement Company (if applicable) nasellskauai@gmail.com ;808 ,688-6855 ;ent's Email Address 'ina Funk Agent's Phone Number :/7 ON-ISLAND CONTACT NAME (required) iasellskauai@gmail.com ^08 ,688-6855 /7 Email Address 24/7 Phone Number *New owner Informatlon should be provided to the Planning Deportment in writlng if the Property is sold or transferred. II.PROPERTY INFORMATION 4275 TVR Registration Number (TVNC) -g N'N3 0a Special Permitff (ifAG TVR)-K 3: z- CT 3S-< f^) A. a:~i-< •-3 The Annual Renewal Due Date (MM/Mj/YY) 05/05/22 ,:",-r -t3- Name ofTVR Moana Kai Beach House Street Address of Property 4439 Kaloloku Rd #B 96766 City Zip code Kapa'a Hl 96766 Resident State of Owner (ie.Hawai'i,California,etc.j 4 5 00 30 01 02 (4)- TvTKT III.WEBSITELINKS Provlde complete website link(s)that advertises your TVR VRBO and Airbnb JngTVNCff PLANNiNG DE°AC=MENT -COL;NT70CTOUAT TCL i\T:c'^.':y^'^GC('iC;?ii~;i ^5n:0;.;.;!iui-!1:;0 ^h?^L;^£jf P^3tT'i:£ Sfd Ff0;6d!;r5 ;.'hs s('::.;'?!c^r;;r;C;F"ri~^s^n.F;?cse ?3(sf ?ft ;h;ip nw V^'^P^^''^ ereby acknowledge that this TVNC Use Certificate is validfor only one~(ll stfvcture as listed aSo^e.I als)s certifv that my /7 On-lsland Contact llves on Kaua'i vearround.1 declare under penalty ofperjury that the inf<^fpotia/i 1 have provided is ie and correct.1 understand that providing false information may be a violationof Federal andStatelaw. •OocuSjgnedby: >T^^_WS/2022 T^T ^nature of Applicaftt—FcsEccoBsSF^D. sh Ball Dated nt Name Legibly Revised 9/15/21 Owrview A.-.<,-,:i«.e.-../s;?.isc fe:e,&A^Habili.y Moana Kai Beach House Sleeps 8 'Eal'House-1450sq.fi. ^Sleeps:S Ql Becrooms:3 <S Bathrooms:2 (^yir S;ay:3-7 niglits <&fc^f s^ <epM,-II.U5> 2.13/^l ff< ^. Hf.iTab Peal A!r CBnnhtoning MoS.T.ok-r.e-Intwne;r./ Rtghtntlon NumfaenTVNC »427S Becrooms:3 Sleeps:S ^rrm /' 'ach >• Kapa'a Sguests Sbedrooms 4beds 3b»:hs n Entlrehome You'll have the house -o yourself. li selfcheek-ln Check yourself In '.ylth the keypad. ?Tina is a Superhost Superlwsts are experlenced,high!y rated hosts who are commltTed to provldlng great stays fcr guests, TVNCUft4275 AMAZINO Ocesn-Fron:HOME In Kapaa wi:h ple nty of Spaee ror your who'amlly or 3 coupies.Tnere are dozens of res;aurants and shopplng atong alongpavedbeachfroRtpa;h.Awesome for Walklng,Jogging or Biklns.PrhSwlmmlngpgolsteps'rom the Ocean Vleiv Lanai wlth Prwate Mot T-ub.CoOceanBieezesYsarRoundandIncredlbieSunrlseVtewsPerfectforGtsestwantaOenulneHaR'alian Experienca on Kaual st this Vacatton Home.BeaiandSerene...... /\,S 1 i^-^ 'f C~ faau^ IQ'^ -^?-^\ r^.p ft.?v' -%^Es=?If .Ji, EL> c ? l^nBr ^..^Btn-t. lS<!l ;t'W »SW\'is(iiW »itWt fc«.;,i.Wffl,.h,... it>S8BBi!iSii :.ISif?'%-:iii SSi si[^:^^a?rsy?;.;^s?;I'?Y''s&s; 9 f^ ^./^ ^BL|-|;^y''•>••-•RKAL ESTAra MOANA KAI BEACH HOUSE EVACUATION INFORMATION °Emergency /Police/Rre /Ambiilance.911.PoUce Dispatch (non-emergency)808-241-1711. •Visitor Information Line.808-262-1400. •Kauai Visitors Bureau.808-245-3971.•Kauai Weather.808-245-6001. •Kauai Bus Information.808-246-8110.•Visitor AIoha Society of Kauai.808-482-0111. •Lihue Airport Infonnation.808-482-0111.•Kauai Civi]Defense:(808)241-1800 »tiian»4<39xa»tiini.iiqa'atHisnsB!aiiaaBB»affi»sa«»l- 4439 Kaloloku Sd,Kapa'a,Hl 96746 to Kapa'a BementarySchool ^7^.z Droe 1.9mile8,7 msn i.*A -^lft.; afinBiBO M3S KafoBtulU.Kapa'»Hiasna (B Ka)MaH®ha»niol-sn>^eMaf 4439 Katoloku Rd.Kapa'a.HI 96746 to Kapa'a High Dnve 2.3 miles,8 mln School "K"f ,..,.A. t -^w ^_,. •"V /'"& What to do when evacuating: i.Gather water,food,clothing,emergency supplies and financial records. 2.Wear protective dothing and sturdy shoes. 3.Secure yourhome. 4.Tura off the main water valve and electricity,if insbructed to do so. 5.Let others know where you are going. 6.Leave early enough to avoid being trapped by severe weather. 7.Follow recommended evacuation routes. s.Wew Tum off outdoor lights at night whenever possible.We enjoy our dark nights when the stars are equal importance,our wfldlife (particularly seabirds)becomes disoriented at night if lights are too bright. Though you may see siniilar information in your accommodation agreement,some infonnation bears repeating. your visit to be safe and enjoyable for both you and your neighbors. noise to a mmimum.Elevated noise acrivities or amplified music shall not be permitted before 8:00 AM as PM.Your neighbors probably have to go to work the next day,so please be considerate. sbrightandbeautiful.C Hawaii has a non-smoldng ordinance.There is no smoldng within 20'of all public buildmgs.Some of our homes and condominiums also have a smoldng ban.Please chedc your house rules. Whenever ppssible,please recyde.Many of our rental accommodations iadude recycling containers.If none are avaflable,all of our transfer stations offer recyding.As in otiier communities,our landfills are stretched to Aeir limits. Anytliing you can do to hdp wffl be appreciated for generations to come. Beadi Safety;Be nuadfal ofthe surf.Our shorelmes face tfaousands of miles of open ocean.Northem Winter stonas and southem Sununer stonns can bring us extremely dangerous surfconditioiis.NEVER turn your back on the ocean- Summer or Winter.Rogue waves can appear even in calm surf conditions.You can check ocean eonditions at www.KauaiExplorer.com/ocean report.There are lifeguards at Haena Beach Park,Hanalei Pavilion,Lydgate,Poipu Beach Park,Salt Pond and Kekaha.For your family's safety,we advised that you check with lifeguards before going mtc the ocean.Ifyou are at a non-guarded beach,at least check witfi local residents who are there regarding unseen current or other dangers.; 9-1-1:In case of fire or medlcal emergency,caB 9-1-1,A fire exdnguisher can be found on fhe Idtchen waB. Weather:We do experience flash flooding during periods ofheavy raia.Ifyou must drive in this Mnd ofweather,drivi wilfa extreme caution.Flash floods can cause the road out of Hanalei to dose for undetennined periods oftune.For up- to-date TrafBc and Weather Information,please caU 241-1725. IMsasters Eniergencies:On the first business day of each month at u:45 AM,our Civil Defense sirens are tested. However,ifyou hear fhese su'ens at any otiier time,please tune to AM radio station KQNG ("KONG")at AM 570 for up- to-the-minute reports and iBstmctions.Also,the front ofthe Kauai phone book has emergency,disaster,evacuation an< shelter infonnation. Secnrity!Be cautious with your personal belongings.It is always best to lock up your valuables in the trunk ofyour car Lockyour doors and wmdows when you leave the property. Island Driving Etfquette; Please honor the posted speed Unuts.Frequentiy check your rear-view mirror.If more tfaan 4 or 5 cars are staddng behiad you,pull completelyoffto the side ofthe road and let them pass.This can also help you when driving at iiight as iur dark roads can be confusing.The cars foUowing you likely know where fhey are going and can help light the way for rou. fyouare lost,remember that this is a small island and you wlU flnd your way soon.Keep driving until you find a safe dace to pull over and tum arouad.Kyou can head downhffl,you will get to tiie ocean within a few nules.Never make a J-Tum on fhe highway. Vhen nayigatu^the one lane bridges,cross flie bridges caravan style.It is usually appropriate for 5 or 6 cars to cross at ime.A simple rule ofdiumb is:Drain the Lane,Ifyou amve Late-Wait. Vhen parldng at^the beaches,parks or even within the property you have rented,be careful to park fully off fhe street,in enjoy the scenery,please puB completely off to ,,A-!BSAC^-U-Gi^S^ SOVERNOR LT.GOVERNOR DIRECTOBOfTAXATION DEPltT/DIRSCTOR HEBGEN INVESTMENTS LLC JOSH BALL 947 E WINDING CREEK DR STE 100 EAGLE 10 83616-7231 Date: Letter ID: Hawaii Tax ID: January 30,2020 L1943372032 GE-171-931-1360-01 Re:Lloense Lettef DearTaxpayer: Thls letter contains your General Exclse Tax Llcense for Hawall Tax ID Number:GE-171-931-1360-01.Please display this license conspicuously at the placa of business. tf you require further information,please contact us at the address and phone number listed below.Reference the letter ID found at the top of the page on any conrespondence or phone calls to expedite the process. Sincerety, Department ofTaxatlon Taxpayer Servlces Branch PO Box 259 Honolulu,Hl 96809-0259 Phone:(808)587-4242 Neighbor Islands/Contlnental U.S. ToltFree:1(800)222-3229 BUSINESS S7ART DATE:08/12/2020 L1943372032 FORMS^tA (WV.2016) LICENSE ISSU6D FOR THE PR1VILEGE OF ENGAGING 1N BUSINeSS AND OTHER ACTIV1TIES UPON THE CONDITIONTHA'TTHE UCENSEE 5HALL PAY THE TAXES ACCRUING TO THE STATE OP HAWAII UNDER THE PRbvJSJONS OFCWPTCR237,HRS,AS AMENDED.LICENSEE'S ACTIVITIES ARE LISTED ON THE APPLICATION^N F1LE WITH THEOIRECTOROFTAXATION. TO BE DISPLAYED CONSPICUOUSLY AT THE PLACE OF BUSINBSS FOR WHICH ISSUED. KAPM Hl 9674S-2709 GOVESHOR LT.GOVERWOR OIRECTOROFTAXATION OEPUTYDIRECTOR STATE OF HAWAS'! HEBQEN INVESTMENTS LLC JOSH BALL 947 E WINDING CREEK DR STE 100 EAGLE ID 83616-7231 li"t|i||'l|i|i'il-l"l'illill'|i|ii""rl|i|-"l'i-i!"r Date: LetterlD: Hawaii Tax ID: January 30,2020 L0410222848 TA-171-931-1360-01 Re:License Letter DearTaxpayer: This letter contains your Translsnt Accommodations Tax Certlflcate of Registration for Hawali Tax ID NumbeR TA-171-931-1360-01.Please display this certiflcate of registraUon conspicuously at the place of business. Ifyou requlre further information,please contaot us at the address and phone number listed below.Reference the letter ID fbund at the top of the page on any correspondence or phone calls to expedite the process. Sincerely, Department ofTaxation Taxpayer Services Branch PO Box 259 Honolulu,Hl 96809-0259 Phone:(808)587-4242 Neighbor Islands/Continental U.S. Tolt Free:1 (800)222-3229 BUSINESS START DATE:08/12/2020 L04-10222848 roitMTA-M (REV.anie) This Certificate is permanent evidence of your registraUon under the provlslons of Hawajl's Transient Accommodations Tax Law,Chapter 237D,HRS,and must be conspicuously displayed at each place of business where the transjent accommodations is located or a notlce may be posted in each room,apartment,suite or theIJke,infonning the reader of the locatlon,where thls certfficate may be Inspected and examined.A copy of yourregistratfonapplicationandanyamendmenfstheretoshouldbeattachedtothisCertificats. HAWAII TAX ID NUMBER:TA-171.931-1360-01 4439 KALOLOKU RD KAPAA Ht 96748-2709 Confirnnatlon #:0-709-438-592 STATE OF HAWAII —DEPARTMENT OF TAXATION G-49 Tax Return Name Filing Period Filing Frequency Web Name HEBGEN INVESTMENTS LLC 12/31/2021 ReconcNiation TINA FUNK TaxlD Return Type Amended Submitted Sfatus:Submitted GE-171-931-1360-01R G-49 [X] Mar-01-2022 Part 1 -General Excise And Use Taxes Business Activities ts For Resale if Disgbled Persons ^fc,^—',—' WunffC (T^gble Income) ixes ®4%(.04) Wholesaling Manufacturing Producing Whofesale Ser/ices Landed Value of Imt Business Activitif Sum of Part N Part II -General Excise Retaifing Services Including Profe,E Contracting Theater,Amusement and BroiTdc Commissions Transient Accommodations Rentats ^" Other Rentals "^ Interest and All Others Landed Value of Imports For Consumption Sum of Part fl,Column C (Taxable fncome) Part III -Insurance Commissions @ .15%(.0015) Insurance Commissions Part IV -City &County of Honolulu Surcharge Tax Oahu Surcharge (rate =.0050) Maui Surcharge Hawaii Sureharge (rate =.0050) Kauai Surcharge (rate =.0050) Part V -Schedule OfAssignment Of Taxes By Dlstrict []Oahu []Maul ~ []Hawaii (X~]Kaual Part VI -Total Return and Reconciliatlon yiofi%(.oos) Column A Values,Gross Proceeds, Or Gross Income 0.00 0.00 0.00 0.00 0.00 0.00 Column B Exemptions/Deductions (Attached Schedule GE) 0.00 0.00 0.00 0.00 0.00 0.00 Column C Taxable Income (Column A Minus Column B) 0,00 0.00 0.00 0.00 0.00 0.00 0.00 []Multi Part 1 Total Tax Part II Total Tax Part III Total Tax Part IV Total Tax Total Taxes Due Amounts Assessed During the Period Total Amount Total Payments Made Less Any Refunds Received for the Tax Year Credit Claimed on On'ginal Annual Return (Amended Only) Net Payments Made Credit to Be Refunded Additional Taxes Due For Late Filing Only ToSal Amounf Due and Payabie Grand Total of Exemptions/Deductions Claimed Taxable Income Column (a) 0.00 290,083.84 0.00 Penalty Interest Confirmation #:1-872-145-536 STATE OF HAWAII —DEPARTMENT OF TAXATION TA-2 Tax Return Name Fjling Period Filing Frequency Web Name HEBGEN INVESTMENTS LLC 12/31/2021 Reconciliation TINA FUNK TaxlD Return Type Amended Submitted Status;Submitted TA-171-931-1360-01R TA-2 [X] ^4a^-01-2022 Gross Rental / Proceeds (a) 0.00 0.00 0.00 282,963.80 Transient Accommodations Tax Oahu M_aui,Molokai,Lanai HawaiJ Kau^i Timeshare Occupancy Tax Oahu Maui,Molokai,Lanai Hawaii Kauai Tax Computation Total Amount Taxable Tax Rate Total Taxes Due Total Annual Return Amounts Assessed During Year Total Amount Total Payments Made Less Any Refunds Received for the Tax Year Credit Claimed on Original Annual Return (For Amended Return ONLY) Net Payments Made Credit to be Refunded Additional Taxes Due Total Amount Due For Late Filing Only Total Amount Due and Payable Exemptions/ Deductions (b) Taxable Proceeds 0.00 0.00 0.00 0.00 0.00 0.00 0.00 282,963.80 Total Fair Market Rental Value 0.00 0.00 0.00 0.00 282,963.80 xO.1025 29.003.78 Penalty fnterest Penalty Interest 0.00 0.00 29,003.79 29,003.79 0.00 29,003.79 0.00 0.00 0.00 0.00 0.00 Exemptions And/'Or Deductions List Detaits Concerning "Exemptions"And/Or "Deductions"Claimed Grand Total Exempiions And/Or Deductions Reconciliation of Gross Rental or Gross Rentaf Proceeds Gross rental or gross rental proceeds -Totaf of Part I,Column a. Tota!general excise taxes visibly passed on. Add previous lines.This amount is your gross proceeds from furnishing transient accommodations that are reportable on your General Excise/Use Tax Annual Retum &Reconciliation (Fonn G-49). 0.00 Amount 0.00 0.00 0.00 POLICE DEPARTMENT COUNTY OF KAUAI DEREK S.K.KAWAKAMI.MAYOR MICHAELA.DAHILtG.MANAGING DIRECTOR •^-T^ai TODD G.RAYBUCK,CHIEF OF POLICE STAN R.OLSEN.DEPUTY CHIEF OF POLICE March 23,2022 Kauai Planning Commission 4444 Rice Street,Suite A473 Lihue,Hawaii 96766 RE:Request to be Placed on the April 12th Planning Commission Agenda Regarding 3 Request to Amend Class IV Zoning Permit Z-IV-2000-27 TMK:(4)3-6-002-018 in order to permit the installation of a Hydraulic Auto-Lift Parking System Dear Planning Commission Chair Apisa &Members: This request is made on behalf of the Kauai Police Department.The Hydraulic Auto-Lift Parking System is needed to provide an efficient space utilization method in order to store vehicles as evidence in criminal investigations and prosecutions. The attached plans (POLICE DEPARTMENT AUTO LIFT -BP21-1521)more fully describe the system and the installation.A new concrete slab will measure approximately 17'X 90'and will accommodate a total of ten (10)auto lift racks (30 cars total).The location of this new lift will be situated in a secured area between the existing evidence storage building and tensile strurture for the mobile command center that is situated on the southern portion of the parcel.The total height is approximately 22'2 1/8". There are taller structures in the vicinity including the adjacent existing evidence storage building,Ke Hale Makai Police Station,police training tower,State Judiciary,and Vidinha Stadium.We do not anticipate any negative impacts as a result ofthe installation and operation ofthe lift system. The property is zoned General Commercial (C-G)/Spedal Treatment -Public (ST-P).In addition to the police station,other municipal uses in the area include the State of Hawaii Judiciary,the Kauai Emergency Management Agency (KEMA),County of Kauai Transportation department,and Vidinha Stadium. While such modifications do not require a Zoning Permit (Ord.No.935,November 12,2012;Ord.No. 1085,December 3,2020);Sertion 8-11.3 of the Kauai County Code (1987)as amended,states that no uses,structures,or development shall be allowed in the Special Treatment-Open Space Districts without expre5s provision to the contrary. Therefore,we are seeking your permission to install this needed and important parking system so that the functionality of the storage of vehicular evidence may be performed in the most optimal means, esp.given the confines of the property and ctear need. 3990 Ka'ana Street,Suite 200 •Lihu'e,Hawai'i 96766.(808)241-1600 (b)•(808)241^1604 (f) An Equal Opportunity Employer C'AU-:A DEREK S.K.KAWAKAMI Mayor MICHAEL A.DAHILIG Managiog Directnr POLICE DEPARTMENT COUNTY OF KAUAI 3990 KAANA STREET,SUITE 200 LmUE,HAWAII 96766-1268 TELEPHONE (808)241-1600 FAX (808)241-1604 www.kauaipd.org TODD G.RAYBUCK ChiefofPolice We appreciate your consideration of our request. Sincerely, -TS&9^.( Todd G.Raybuck Chief of Police Attachments:Police Department Auto Lift Plans BP-21-1521 Draft EAExemption TR/EK An Equal Opportunity Employer Kaua i Police Department Notice ofEnvironmental Exemption Pa.se |1 Countv ofKaua'i Police Station Improvements Exemption Notice Pursuant to Hawai'i Revised Statutes (HRS)§343(a)(2)and Hawai'i Administrative Rules (HAR)§11-200.1-15 AGENCYACTION: This is a County ofKaua'i,Kaua'i Police Department action as defined by Section 343-5(b), HRS,and Section 11-200.1-8,HAR. EXEMPTION TYPE: The Kaua'i Police Department does not have a Comprehensive Exemption List on file for the County ofKaua'i,Kaua'i Police Department,but is providing this Exemption Notice in compliance with Chapter 343,HRS. The Exemption Notice for this action is based on the general,non-exhaustive types enumerated in HAR Section 11-200.1-15(c)and listed below: (1)Operations,repairs,or maintenance ofexisting structures,facilities,equipment,or topographical features,involving minor expansion or minor change ofuse beyond that previously existing. (2)Replacement or reconstruction ofexisting structures and facilities where the new structure will be located generally on the same site and will have substantially the same purpose,capacity,density,height,and dimensions as the structure to be replaced. (3)Construction and location ofsingle,new,small facilities or stolictures and the alteration and modification ofthe facilities or structures;and installation ofnew, small equipment or facilities and the alteration and modification ofthe equipment or facilities. PROJECT INFORMATION: Proposing Agency or Applicant: Project Name &Address/Location: Anticipated Start Date: Anticipated End Date: Island and District: County ofKaua'i,Kaua'i Police Department Installation ofHydraulic Auto-Lift Parking System on current paved area ofKaua'i Police Department, 3990 Kaana Street,LThu'e,Hawai'i 96766 December 1,2022 Febmary 28,2022 Island ofKaua'i,District ofPuna Kaua'i Police Department Notice of Environmental Exemption P a g c 12 Tax Map Key: All Necessary Permits and Approvals: TMK (4)3-6-002-018 Applicant is requesting an amendment to a Class IV Zoning Permit Z-rV-2000-27 in order to pennit the installation of the hydraulic auto-lift parking system. PROJECT DESCRIPTION NARRATFVE: The attached plans (POLICE DEPARTMENT AUTO LIFT -BP21-1521)more fally describe the system and the installation.A new concrete slab will measure approximately 17'X 90'and will accommodate a total often (10)auto lift racks (30 cars total).The location ofthis new lift will be situated in a secured area between the existing evidence storage building and tensile structure for the mobile command center that is situated on the southem portion of the parcel.The total height is approximately 22'2 1/8".There are taller stmctures in the vicinity including the adjacent existing evidence storage building,Ke Hale Makai Police Station,police training tower,State Judiciary,and Vidinha Stadium.We do not anticipate any negative impacts as a result of the installation and operation ofthe lift system. The property is zoned General Commercial (C-G)/Special Treatment -Public (ST-P).In addition to the police station,other municipal uses in the area include the State of Hawaii Judiciary,the Kauai Emergency Management Agency (KEMA),County of Kauai Transportation department, and Vidinha Stadium. While such modifications do not require a Zoning Permit (Ord.No.935,November 12,2012;Ord. No.1085,December 3,2020);Section 8-11.3 ofthe Kauai County Code (1987)as amended,states that no uses,stmctures,or development shall be allowed in the Special Treatment-Open Space Districts without express provision to the contrary.As such,the Applicant has submitted the requisite request for a zoning amendment to the County ofKaua'i,Planning Commission to allow for this project. RECEIVING ENVIRONMENT: The Kaua'i Police Department is proposing to create a new concrete slab in an alieady paved portion ofthe Kaua'i Police Department complex.On this slab will be built a hydraulic auto-lift structure with an approximate height of 22'2 1/8."There exist taller structures in the immediate vicinity including the adjacent evidence storage building,Ke Hale Makai Police Station,police training tower,State Judiciary,and Vidinha Stadium. Kaua'i Police Department Notice ofEnvironmental Exemption Pa.ge |3 ENVIRONMENTAL ANALYSIS: I have considered the potential effects ofthe proposed project and all related activities against the criteria checked below: D a D s a Land Use and Zoning Conformance Traffic (Vehicles,Bicycles,Pedestrian) Infrastmcture (Roads,Buildings,Utilities) Air Quality Pollutant Emissions Noise Emissions Solid,Hazardous,and Liquid Waste Management Social Economic Health and Safety Recreation Public Beach Access Cultural Resources and Practices Visual/Aesthetic Environmental Justice D Rare,Threatened,and/or Endangered Species S Surface and Ground Water Resources S Wetlands B Floodplains S Riparian/Coastal Resources D Other Not Applicable D D a a D D a D D D D a a D MITIGATION Describe all mitigation measures and best management practices planned to address impacts during theproject activities and afterproject completion: The intent ofthe project's design efforts is to construct an improvement to vehicle storage which will be built on an already-existing paved lot within the Kaua'i Police Department complex. Although a new concrete slab will be created in this area,it will be located between existing structures and storage on the property.As such,the effects on the environment will be minimal, and best management practices (BMPs)will be used by all involved to mitigate any potential negative effects. Because this area has ah-eady been developed,there is a very low risk ofthe discovery ofcultural resources or human remains.However,in the event ofinadvertent discovery ofcultural resources or human remains,all work will immediately stop in the vicinity ofthe find and the County will Kaua'i Police Department Notice ofEnvironmental Exemption P a g e |4 contact the Department ofLand and Nahiral Resources (DLNR)State Historic Preservation Division (SHPD). All U.S.Fish and Wildlife Service (USFWS)-recommended mitigation measures for endangered species that could be present will be employed. Per the DLNR Division of Forestty and Wildlife,deleterious impacts to transiting seabirds can be avoided ifconstruction occurs during daylight hours and all outdoor lighting installed is fully "dark sky compliant"(DLNR,2016). BMPs and relevant permit conditions will mitigate minimal impacts from fugitive dust, stormwater runoff,erosion,foreign object and debris (FOD),noise,and relevant construction impacts. TRAFFIC: The project area is akeady part ofthe existing Kaua'i Police Department complex.There will be no significant traffic increase,level ofservice degradation,or expected road closures resulting from the project.Although the project will generate some traffic,work activity will be coordinated with regular operations and therefore no adverse traffic impact is anticipated. ECONOMIC: There may be short-term positive impact to the economy in the fonn ofconstruction-related employment,but the extent ofthe impact is limited and is not considered to be significant.The proposed project is limited to the construction ofthe auto-lift parking system on the existing, developed Kaua'i Police Department complex and will not affect or require the relocation of residents or businesses within the area. AIR OUALITY POLLUTANT EMISSIONS: With the implementation ofmitigation measures,such as use ofdust control measures,the construction activities would not be expected to impair air quality standards set by state or federal air quality standards.The existing conditions for air quality are generally good near the project area due to its location on the island and prevailing winds.Construction emissions such as fiigitive dust will not be long-term due to the limited duration ofthe project.All constmction activities will comply with HAR Chapter 11-59,Ambient Air Quality Standards,and Chapter 11-60,Air Pollution Control,to mitigate against constmction-related emissions. NOISE EMISSIONS: Construction-related noise is expected to be created from the proposed activity.Although noise will be generated,it will not be expected to exceed or change existing noise exposure levels. Noise generated would not be anticipated to impact noise sensitive areas such as residential, educational,or park areas.Noise sensitive areas are not within the project area and are not likely to be impacted due to the distance.For context,the Lihu'e Airport is located less than one mile from the proposed project site.Generated noise from construction activities will be mitigated. Kaua'i Police Department Notice ofEnvironmental Exemption Pagc |5 SOLID.HAZARDOUS,AND LIOUID WASTE MANAGEMENT: The project is not expected to generate significant levels ofsolid waste.The proposed project will be compliant with HAR Chapter 11-58,Solid Waste Management,for proper disposal and handling ofconstruction and demolition debris waste.All waste will be properiy disposed ofat a state or federal permitted facility. HEALTH AND SAFETY: The proposed project will comply with all safety standards to ensure the safety ofworkers, public,and the environment.The contractor will implement safety devices and follow rules and regulations as requiied.There are no expected increase demands for medical,fire,or protective services.Preparations for potential accidental spills or injuries would be arranged prior to construction actlvities. CULTURAL RESOURCES AND PRACTICES: Tbe proposed project area does not include any historical structures or registered places,so there should be no impact.Additionally,the new concrete slab and auto-lift structure to be built on it will be placed in an already paved portion ofthe Kaua'i Police Department complex.As such, there is low risk for the discovery ofhuman remains or cultural artifacts.Despite this,in the event of inadvertent discovery ofcultural resources or human remains,all work will immediately stop in the vicinity ofthe find and the County will contact the Department ofLand and Natural Resources (DLNR)State Historic Preservation Division (SHPD). RARE.THREATENED.AND/OR ENDANGERED SPECmS: No impacts to any species listed or considered rare,threatened,or endangered under Section 7 of the Endangered Species Act are anticipated.There are no designated critical habitats in or near the project area.Federally delineated Critical Habitat is not present in tbe project areas (USFWS, n.d.).No equivalent designation exists under state law.Conservation Zoning in Hawaii is promulgated at the state level by state Conservation Districts.No Conservation Districts occur near the project sites.The proposed project will involve the implementation ofrecommendations that will minimize impacts to protected species to the maximum extent practicable. SURFACE OR GROUNDWATER RESOURCES: BMPs will address minimal drainage impacts during the project construction phase.The overall project impact to groundwater,hydrology,and surface water will be minimal and will improve water quality. FLOODPLAINS: The construction of the concrete slab and auto-lift atop it will not have any significant impact to floodplains,and minimal adverse impact to life and property is anticipated. Kaua'i Police Department Notice ofEnvironmental Exemption EXEMPT DECLARATION: The direct,cumulative,and potential impacts ofthe action described above have been considered pursuant to Chapter 343,Hawai'i Revised Statutes and Chapter 1 1-200.1,Hawai'i Administrative Rules.I declare that the action described above will have minimal or no significant impact on the environment and is therefore exempt from the requirement to prepare an environmental assessment. -T56s^.< Mar23,2022 Signature ofDirector or Delegate Todd Raybuck Chiefof Police Date This document is on file in our office and is available for public review. This document has been submitted to the Office of Environmental Quality Control for publication in The Environmental Notice. Kauai Planning CommissionZoning Amend Final Final Audit Report 2022-03-24 Created:2022-03-24 By:Elliott Ke (eke@kauai.gov) Status:Signed Transactlon ID:CBJCHBCAABAAUtUXhClxlrzYlwMLn-2LOzWxNBFPwCWu "Kauai Planning CommissionZoning Amend_Final"History Q Document created by Elliott Ke (eke@kauai.gov) 2022-03-24-1:59:44AMGMT-IPaddresa:72.235.186.194 Document emailed to Todd Raybuck (traybuck@kauai.gov)for signature 2022-03-24 -2:02:19 AM GMT f_)Email viewed by Todd Raybuck (traybuck@kauai.gov) 2022-03-24 -2:53:43 AM GMT-IP address:72.235.186.194 £3o Document e-signed by Todd Raybuck (traybuck@kauai.gov) Signature Date:2022-03-24 -2:54:04 AM GMT -Time Source:ser/er-IP address:72.235.186.194 0 Agreement completed. 2022-03-24 -2:54:04 AM GMT Adobe Sign COUNTY OF KAUA'I KPD LIHUE HYDRAULIC LIFT PARKING 3990 KA'ANA ST LIHU'E, KAUA'I TMK(4)3-6-002-018 07 April, 2021 CONSULTANT: REV DESCRIPTION DATE MARC VENTURA, AIA, LLC 4202 Rice St. Lihue, Kaua`i 96766 Phone: 808 246 3936 Fax: 808 246 3936 C-1CONSTRUCTION NOTES èèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèèCOUNTY OF KAUA'I KPD LIHUE HYDRAULIC LIFT PARKING 3990 KA'ANA ST LIHU'E, KAUA'I TMK(4)3-6-002-018 07 April, 2021 CONSULTANT: REV DESCRIPTION DATE MARC VENTURA, AIA, LLC 4202 Rice St. Lihue, Kaua`i 96766 Phone: 808 246 3936 Fax: 808 246 3936FILTREXX®SILTSOXX™PLAN VIEWFILTREXX® SILTSOXX™(12"·18" TYPICAL)WORK AREAFILTREXX®SILTSOXX™ SECTIONNOTE:1. ALL MATERIAL TO MEET FILTREXX® SPECIFICATIONS OR APPROVEDEQUAL.2. SILTSOXX™ COMPOST/JSOIL/ROCK/SEED FILL TO MEET APPLICATIONREQUIREMENTS.3.SILTSOXX™ DEPICTED IS FOR MINIMUM SLOPES. GREATER SLOPESMAY REQUIRE LARGER SOCKS PER THE ENGINEER.4.COMPOST MATERIAL TO BE DISPERSED ON SITE, AS DETERMINED BYENGINEER.AREA TO BE PROTECTEDWATER FLOWFILTREXX® COMPOSTSILTSOXX™WORK AREAEXISTING PAVEMENTPARKING LOTAREA TO BE PROTECTEDPARKING LOTC-2HYDRAULIC LIFT PLANèèèèèè5" SIZE OR APPROVEDEQUAL K A A N A S T .K A A N A S T .KAANA ST.EXP. DATE: April 30, 2022 Signature This work was prepared by me or under my supervision and construction of this project will be under observation.REVDESCRIPTIONDATECOUNTY OF KAUA'IKPD LIHUE HYDRAULICLIFT PARKING3990 KA'ANA STLIHU'E, KAUA'ITMK(4)3-6-002-018MARC VENTURA, AIA, LLC4202 Rice St.Lihue, Kaua`i 96766Phone: 808 246 3936Fax: 808 246 3936E0.0 Electrical Legend & Notes Panel Schedule T EXP. DATE: April 30, 2022 Signature This work was prepared by me or under my supervision and construction of this project will be under observation.REVDESCRIPTIONDATECOUNTY OF KAUA'IKPD LIHUE HYDRAULICLIFT PARKING3990 KA'ANA STLIHU'E, KAUA'ITMK(4)3-6-002-018MARC VENTURA, AIA, LLC4202 Rice St.Lihue, Kaua`i 96766Phone: 808 246 3936Fax: 808 246 3936E1.0 Electrical Plan DEPARTMENT OF PLANNING KA'AINA HULL,DIRECTOR JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR DEREK S.K,KAWAKAMI,MAYOR MICHAEL A.DAHILIG,MANAGING DIRECTOR DIRECTOR'S REPORT SUMMARY Action Required by Planning Commission: Consideration of Applicant's request to allow an amendment to the KPDfacility. Permit Application Nos.Class IV Zoning Permit Z-IV-2000-27 Use Permit U-2000-22 Name of Applicant(s)County of Kauai,Police Department PERMIT INFORMATION Date of Receipt of Completed N/A Application:H.^-^- JUN 2 <(1 2022 PERMITS REQUIRED ^]Use Permit Pursuant to Section 8-11.4 of the KCC,1987,as amended,a Use Permit was required for any development within the Special Treatment -Public (ST-P)district. 1I Project Development Use Permit 11 Variance Permit I1 Special Permit ^Zoning Permit Class Pursuant to Section 8-3.2ff)of the KCC,1987,as amended, a Class IV Zoning Permit is a procedural requirement for obtaining a Use Permit. I1 Special Management Area Permit Use D Minor AMENDMENTS I1 Zoning Amendment 1I General Plan Amendment [_]State Land Use District Amendment Date of Director's Report:JUNE 28,2022 Date of Public Hearing: Deadline Date for PC to Take Action N/A (60 Day): III.PROJECT DATA IV.LEGAL REQUIREMENTS Section 8-3.1ff),KCC:Not Applicable Planning Commission Date:JUNE 28,2022 Z-IV-2000-27,U-2000-22;Dircclor's Repon |2nd Amendment Reqiicsl) CountyofKauai June 20,2022 2 1 P age PROJECT INFORAMTION Parcel Location:The subject property is identified as 3990 Ka'ana Street in LThu'e, approximately 600 feet west of the Ka'ana Street/Kapule Highway intersection. Tax Map Key(s):3-6-002:018 Area:20 acres ZONING &DEVELOPMENT STANDARDS Zoning:General Commercial (C-G)/Special Treatment - Public (ST-P) State Land Use District:Urban General Plan Designation:Urban Center Height Limit:50 feet Max.Land Coverage:90%lot coverage Parking Requirement:Atotal of 421 off-streets parking stalls were required to serve the County facilities. Front Setback:10 feet Rear Setback:Sfeet SideSetback:Sfeet Community Plan Area:Lihue Community Plan Community Plan Land Use Designation:N/A Deviations or Variances Requested:N/A V.PROJECT BACKGROUND AND USE In March 2000,the Planning Commission approved the subject permits to allow construction of a new County Public Facilities Complex which included buildings to house the Kaua'i Police Department,Emergency Operating Center,Office of the Prosecuting Attorney,and the Office of Community Assistance Bus Maintenance Facility &Offices. Theoriginal masterplan forthe entire County public complex consisted offour (4) primary buildings that would serve as the main office for various County agencies including the Kaua'i Police Department (KPD),Kaua'i Civil Defense Agency (KCDA)which includes the Emergency Operating Center (EOC),the Office of the Prosecuting Attorney (OPA),and the Office of Community Assistance (OCA)-Transportation Agency. As previously represented,the Police Station/EOC Administration Building was a two- story,L-shaped structure with a total gross floor area of 65,886 square feet (SF).The Office of the Prosecuting Attorney building was designed as a single-story structure with a gross floor area of 13,039 SF.The Transportation Agency s Bus Maintenance Facility was comprised of 2 single-story structures that served as an Administration Building and Maintenance Shop. At the time of building permits,the building containing the Office of the Prosecuting Attorney and the parking area for this facility was modified and not included.As a result, the area for this facility was reserved for the future construction.Since then,the plans have been revised and the OPA now share the same facilities with the Police Station/EOC. The OCA facilities were not affected by the change since they were physically removed from the main complex area and independent from these operations. VI.APPLICANT'S REASONS/JUSTIFICATION REQUEST: As represented in the correspondence dated March 23,2022,KPD is requesting to amend the subject permits to allow construction and installation ofa new hydraulic auto-lift parking facility that would be located immediately adjacent to the storage building along the southern end ofthe parcel. The justification for the project is necessitated by the fact that there is a growing need to provide an efficient space utilization method to store vehicles as evidence in criminal proceedings.Please refer to Applicant's correspondence for further justification (Exhibit 'A'). VII.ADDITIONALFINDINGS 1.Site Information/Characteristics Z-IV-2000-27,U-2000-22;Director's Report (2nd Amendmenl Requesl] Counly of Kauai June 20.2022 3|Page The surrounding properties,as well as the project site,are a part of the LThu'e- Hanama ulu Master Planned Area.In the original master plan created in 1995,this 10- ?cre project site was designated specifically for the County's Public Facilities Complex which includesthe Police,KCDA,ProsecutingAttorney,and OCATransportation Agency.Overall,the proposed development would remain compatible with the surrounding Commercial,Industrial,and County Park lands. 2.Comprehensive Zoning Ordinance (CZO) The following information represents the development standards associated with the proposed development: o Setback -The development would be subject to the standards prescribed in Section 8-6.3 ofthe CZO. (b)Setback Requirements.Setback requirements shall be as follows: (1)Minimum Distances from Property Lines. (A)The minimum distance of any building from the right-of- way line of a public or private street or the pavement line of a driveway or parking lot used by the public shall be five (5)feet unless the building is entered from that side by motor vehicles in which case the minimum distance shall be fifteen (15)feet. (B)The minimum distance of any building to a side property line when the adjacent use district is commercial shall be zero.When the adjacent use district is other than commercial,the minimum distance to the property line shall be the same as that required for residential use. (C)The minimum distance of any building to a rear property line when adjacent use district is commercial shall be zero.When the adjacent rear use district is other than commercial,the minimum distance to the rear property lineshall be ten (10)feet. (c)Minimum Distance Between Buildings.The minimum distance between detached buildings on the same parcel shall be fifteen (15)feet for each story over two (2),or one-half (1/2)the total height of the highest building,whichever is greater." o Land Coverage -The development would be subject to the standards prescribed in Section 8-6.3(g)ofthe CZO.The requirement reads: Z-IV-2000-27.U-2000-22;Direclort Report |2nd Amendmenl Requcsl) CountyofKauai June 20,2022 4|Page (2)The amount of land coverage created,including buildings and pavement,shall not exceed ninety percent (90%)ofthe lot or parcel area within a General Commercial District." VIII.TENTATIVE PRELIMINARY EVALUATION In evaluating the Applicant's request to amend the project,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 integration cannot be assured.Section 8-3.2 of the 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 ofthe Comprehensive Zoning Ordinance (CZO)and General Plan. o The facility has been in operation for approximately twenty (20)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 The commercial tours have not been a detriment to the health,safety, peace,morals,comfort,and general welfare of persons residing or working in the surrounding area and should not cause any substantial harmful environmental consequences. 2.CZO Develooment Standards As proposed,the project complies with the applicable development standards of the CZO for development within the General-Commercial (C-G)zoning district.As Z-IV-?000-27,U-2000-22;Directni's Repon (2nd Amendmenl Request) County of Kauai June 20,2022 5|Page previously mentioned,there is a growing need for space utilization and the existing storage building is at or near capacity,especially when it involves larger equipment (i.e.,vehicles).The location ofthe proposed facility does not have any impact the existing parking situation for both employees and the general public since it is located within a secured area ofthe site. Special Treatment-Public District (ST-P)-The proposed project is compatible with the buildings in this area and consistent with the purpose ofthe Special Treatment District in that it is of "particularsignificance or value to the general public since it is specifically suited for public and quasi-public uses. Though the use is generally permitted,the Applicant should continue to institute Best Management Practices"to ensure that the operation of this facility does not generate impacts that may affect the health,safety,and welfare ofthose in the surrounding area ofthe proposal. Agencv Comments -The Applicant should resolve and comply with allagency requirements as recommended in the building permit application review. IX.PRELIMINARYCONCLUSION Based on the foregoing findings and evaluation,it is concluded that the proposed amendment relative to the existing development and facilities in the immediate area is reasonable and appropriate in that: 1.The proposed development would be in the best interest ofthe public's health,safety, and welfare; 2.The project is consistent with the designation of the site as a County public facility complex and the proposed development is compatible with the surrounding Commercial and Industrial properties of the LThu'e/Hanama'ulu Master Plan Area;and 3.The project conforms to the development standards within the General-Commercial District and Special Treatment-Public District section of the Comprehensive Zoning Ordinance (CZO). Additionally,the Applicant should institute the "Best Management Practices"to ensure that the operation does not generate impacts that may affect the health,safety,and welfare ofthose in the surrounding area ofthe proposal. 6|Pa g e Z-IV-2000-27,U-2000-22;Direclor's Report (2nd Amendmcnt Requesl) CountyofKauai June 20,2022 X.PRELMINARY RECOMMENDATION Based on the foregoing,it is recommended by that the proposed amendment to Use Permit U-2000-22 and Class IV Zoning Permit Z-IV-2000-27 shall be approved.The Applicant is further advised that all applicable conditions of approval of the subject permits,as indicated on the Planning Commission's letter of approval dated March 10, 200 shall remain in effect. By <^( DALE'A.CU Planner Approved &Recommended to Commission: Date: KA'AINAS.HCA-L Director of Planning 6/^ji /-ZO-M- Z^IV-2000-27,U-2000-22:Director's Report (2nd Amendment Requesl) CountyofKauai June 20,2022 7|Pagc EXHIBIT"A" (Applicanfs Correspondence) POLICE DEPARTMENT COUNTY OF KAUAI DEREK S.K.KAWAKAMI,MAYOR MICHAELA.DAHIUG,MANAG1HG DfRECTOR ••BManBaa TODD G.RAYBUCK.CHIEF OF POLICE STAN R.OLSEN.DEPUTY CHIEF OF POLICE March 23,2022 Kauai Planning Commission 4444 Rice Street,Suite A473 Lihue,Hawaii 96766 RE:Request to be Placed on the April 12th Planning Commission Agenda Regarding a Request to Amend Class IV Zoning Permit Z-IV-2000-27 TMK:(4)3-6-002-018 in order to permit the installation of a Hydraulic Auto-Lift Parking System Dear Planning Commission Chair Apisa &Members: This request is made on behalf of the Kauai Police Department.The Hydraulic Auto-Lift Parking System is needed to provide an efficient space utilization method in order to store vehicles as evidence in criminal investigations and prosecutions. The attached plans (POLICE DEPARTMENT AUTO LIFT -BP21-1521)more fully describe the system and the installation.A new concrete slab will measure approximately 17'X 90'and will accommodate a total of ten (10)auto lift racks (30 cars total).The location of this new lift will be situated in a secured area between the existing evidence storage building and tensile structure for the mobile command center that is situated on the southern portion of the parcel.The total height is approximately 22'2 1/8". There are taller structures in the vicinity including the adjacent existing evidence storage building,Ke Hale Makai Police Station,police training tower,State Judiciary,and Vidinha Stadium.We do not anticipate any negative impacts as a result of the installation and operation of the lift system. The property is zoned General Commercial (C-G)/Special Treatment -Public (ST-P).In addition to the police station,other municipal uses in the area include the State of Hawaii Judiciary,the Kauai Emergency Management Agency (KEMA),County of Kauai Transportation department,and Vidinha Stadium. While such modifications do not require a Zoning Permit (Ord.No.935,November 12,2012;Ord.No. 1085,December 3,2020);Section 8-11.3 of the Kauai County Code (1987)as amended,states that no uses,structures,or development shall be allowed in the Special Treatment-Open Space Districts without express provision to the contrary. Therefore,we are seeking your permission to install this needed and important parking system so that the functionality of the storage of vehicular evidence may be performed in the most optimal means, esp.given the confines ofthe property and clear need. 3990 Ka'ana Street,Suite 200 •Lihu'e,Hawai'i 96766 •(808)241-1600 (b)•(808)241-1604 (f) An Equal Opportunity Employer CALKA DEREK S.K.KAWAKAMI Mayor MICHAEL A.DAHILIC Managing Director POLICE DEPARTMENT COUNTY OF KAUAI 3990 KAANA STREET,SUITE 200 LIHUE,HAWAII 96766-1268 TELEPHONE (808)241-1600 FAX (808)241-1604 www.kauaipd.org TODD G.RAYBUCK Chief of PoUce We appreciate your consideration ofour request. Sincerely, -T5&&3.< Todd G.Raybuck ChiefofPolice Attachments:Police Department Auto Lift Plans BP-21-1521 Draft EA Exemption TR/EK •CAI.EA An Equal Opportunity Employer Kaua'i Police Department Notice of Environmental Exemption P a g e |1 Counfry ofKaua'i Police Station Improvements Exemption Notice Pursuant to Hawai'i Revised Statutes (HRS)§343(a)(2)and Hawai'i Administrative Rules (HAR)§11-200.1-15 AGENCY ACTION: This is a County ofKaua'i,Kaua'i Police Department action as defined by Section 343-5(b), HRS,and Section 11-200.1-8,HAR. EXEMPTION TYPE: The Kaua'i Police Department does not have a Comprehensive Exemption List on file for the County ofKaua'i,Kaua'i Police Department,but is providing this Exemption Notice in compliance with Chapter 343,HRS. The Exemption Notice for this action is based on the general,non-exhaustive types enumerated in HAR Section 11-200.l-15(c)and listedbelow: (1)Operations,repairs,or maintenance ofexisting structures,facilities,equipment,or topographical features,involving minor expansion or minor change ofuse beyond that previously existing. (2)Replacement or reconstruction of existing structures and facilities where the new structure will be located generally on the same site and will have substantially the same purpose,capacity,density,height,and dimensions as the stmcture to be replaced. (3)Construction and location ofsingle,new,small facilities or structures and the alteration and modification ofthe facilities or structures;and installation ofnew, small equipment or facilities and the alteration and modification ofthe equipment or facilities. PROJECT INFORMATION: Proposing Agency or Applicant: Project Name &Address/Location: Anticipated Start Date: Anticipated End Date: Island and District: County ofKaua'i,Kaua'i Police Department Installation ofHydraulic Auto-Lift Parking System on current paved area ofKaua'i Police Department, 3990 Kaana Street,Llhu'e,Hawai'i 96766 December 1,2022 Febmary 28,2022 Island ofKaua'i,District ofPuna Kaua i Police Department Notice of Environmental Exemption Pa.ee 12 Tax Map Key: All Necessary Pennits and Approvals: TMK (4)3-6-002-018 Applicant is requesting an amendment to a Class IV Zoning Permit Z-FV-2000-27 in order to permit the installation ofthe hydraulic auto-lift parking system. PROJECT DESCRIPTION NARRATFVE: The attached plans (POLICE DEPARTMENT AUTO LIFT -BP21-1521)more fully describe the system and the installation.A new concrete slab will measure approximately 17'X 90'and will accommodate a total often (10)auto lifl racks (30 cars total).The location ofthis new lift will be situated in a secured area between the existing evidence storage building and tensile structure for the mobile command center that is situated on the southem portion ofthe parcel.The total height is approximately 22'2 1/8".There are taller stmctures in the vicinity including the adjacent existing evidence storage building,Ke Hale Makai Police Station,police training tower,State Judiciary,and Vidinha Stadium.We do not anticipate any negative impacts as a result of the installation and operation ofthe lift system. The property is zoned General Commercial (C-G)/Special Treatment -Public (ST-P).In addition to the police station,other municipal uses in the area include the State of Hawaii Judiciary,the Kauai Emergency Management Agency (KEMA),County of Kauai Transportation department, and Vidinha Stadium. While such modifications do not require a Zoning Permit (Ord.No.935,November 12,2012;Ord. No.1085,December 3,2020);Section 8-11.3 ofthe Kauai County Code (1987)as amended,states that no uses,structures,or development shall be allowed in the Special Treatment-Open Space Districts without express provision to the contrary.As such,the Applicant has submitted the requisite request for a zoning amendment to the County ofKaua'i,Planning Commission to allow for this project. RECErVFNG ENVIRONMENT: The Kaua'i Police Department is proposing to create a new concrete slab in an already paved portion ofthe Kaua'i Police Department complex.On this slab will be built a hydraulic auto-lift stmcture with an approximate height of22'2 1/8."There exist taller structures in the immediate vicinity including the adjacent evidence storage building,Ke Hale Makai Police Station,police training tower,State Judiciary,and Vidinha Stadium. Kaua'i Police Department Notice of Environmental Exemption P a e e 13 ENVIRONMENTAL ANALYSIS: I have considered the potential effects ofthe proposed project and all related activities against the criteria checked below: S Land Use and Zoning Conformance B]Traffic (Vehicles,Bicycles,Pedestrian) H Infrastructure (Roads,Buildings,Utilities) S Air Quality Pollutant Emissions EI Noise Emissions S Solid,Hazardous,and Liquid Waste Management S Social El Economic S Health and Safety D Recreation D Public Beach Access D Cultural Resources and Practices B Visual/Aesthetic D Environmental Justice D Rare,Threatened,and/or Endangered Species S Surface and Ground Water Resources B Wetlands B Floodplains B]Riparian/Coastal Resources D Other Not Applicable D a D a a D D a D s B 121 D D a D a s MITIGATION Describe all mitigation measures and best management practices planned to address impacts during theproject activities and afterproject completion: The intent ofthe project's design efforts is to construct an improvement to vehicle storage which will be built on an already-existing paved lot within the Kaua'i Police Department complex. Although a new concrete slab will be created in this area,it will be located between existing structures and storage on the property.As such,the effects on the environment will be minimal, and best management practices (BMPs)will be used by all involved to mitigate any potential negative effects. Because this area has already been developed,there is a very low risk ofthe discovery ofcultural resources or human remains.However,in the event of inadvertent discovery of cultural resources or human remains,all work will immediately stop in the vicinity of the find and the County will Kaua'i Police Department Notice of Environmental Exemption P a g e |4 contact the Department of Land and Natural Resources (DLNR)State Historic Preservation Division (SHPD). All U.S.Fish and Wildlife Service (USFWS)-recommended mitigation measures for endangered species that could be present will be employed. Per the DLNR Division ofForestry and Wildlife,deleterious impacts to transiting seabirds can be avoided ifconstruction occurs during daylight hours and all outdoor lighting installed is fully "dark sky compliant"(DLNR,2016). BMPs and relevant permit conditions will mitigate minimal impacts from fugitive dust, stonnwater runoff,erosion,foreign object and debris (FOD),noise,and relevant construction impacts. TRAFFIC: The project area is already part ofthe existing Kaua'i Police Department complex.There will be no significant traffic increase,level of service degradation,or expected road closures resulting from the project.Although the project will generate some traffic,work activity will be coordinated with regular operations and therefore no adverse traffic impact is anticipated. ECONOMIC: There may be short-term positive impact to the economy in the form of construction-related employment,but the extent ofthe impact is limited and is not considered to be significant.The proposed project is limited to the construction ofthe auto-lift parking system on the existing, developed Kaua'i Police Department complex and will not affect or require the relocation of residents or businesses within the area. AIR OUALITY POLLUTANT EMISSIONS: With the implementation ofmitigation measures,such as use ofdust control measures,the construction activities would not be expected to impair air quality standards set by state or federal air quality standards.The existing conditions for air quality are generally good near the project area due to its location on the island and prevailing winds.Construction emissions such as fugitive dust will not be long-term due to the limited duration ofthe project.All construction activities will comply with HAR Chapter 11-59,Ambient Air Quality Standards,and Chapter 11 -60,Air Pollution Control,to mitigate against construction-related emissions. NOISE EMISSIONSl Construction-related noise is expected to be created from the proposed activity.Although noise will be generated,it will not be expected to exceed or change existing noise exposure levels. Noise generated would not be anticipated to impact noise sensitive areas such as residential, educational,or park areas.Noise sensitive areas are not within the project area and are not likely to be impacted due to the distance.For context,the Lihu'e Airport is located less than one mile from the proposed project site.Generated noise from constmction activities will be mitigated. Kaua'i Police Department Notice of Environmental Exemption P a g e |5 SOLID,HAZARDOUS.AND LIOUID WASTE MANAGEMENT: The project is not expected to generate significant levels ofsolid waste.The proposed project will be compliant with HAR Chapter 11-58,Solid Waste Management,for proper disposal and handling of construction and demolition debris waste.All waste will be properly disposed of at a state or federal permitted facility. HEALTH AND SAFETY: The proposed project will comply with all safety standards to ensure the safety ofworkers, public,and the environment.The contractor will implement safety devices and follow mles and regulations as required.There are no expected increase demands for medical,fire,or protective services.Preparations for potential accidental spills or injuries would be arranged prior to construction activities. CULTURAL RESOURCES AND PRACTICES: The proposed project area does not include any historical structures or registered places,so there should be no impact.Additionally,the new concrete slab and auto-lift structure to be built on it will be placed in an already paved portion ofthe Kaua'i Police Department complex.As such, there is low risk for the discovery ofhuman remains or cultural artifacts.Despite this,in the event of inadvertent discovery of cultural resources or human remains,all work will immediately stop in the vicinity ofthe find and the County will contact the Department ofLand and Natural Resources (DLNR)State Historic Preservation Division (SHPD). RARE.THREATENED.AND/OR ENDANGERED SPECIES: No impacts to any species listed or considered rare,threatened,or endangered under Section 7 of the Endangered Species Act are anticipated.There are no designated critical habitats in or near the project area.Federally delineated Critical Habitat is not present in the project areas (USFWS, n.d.).No equivalent designation exists under state law.Conservation Zoning in Hawaii is promulgated at the state level by state Conservation Districts.No Conservation Districts occur near the project sites.The proposed project will involve the implementation ofrecommendations that will minimize impacts to protected species to the maximum extent practicable. SURFACE OR GROUNDWATER RESQURCES: BMPs will address minimal drainage impacts during the project constmction phase.The overall project impact to groundwater,hydrology,and surface water will be minimal and will improve water quality. FLOODJ'LAINS: The construction ofthe concrete slab and auto-lift atop it will not have any significant impact to floodplains,and minimal adverse impact to life and property is anticipated. Kaua'i Police Department Notice of Environmental Exemption 6 EXEMPT DECLARATION_: The direct,cumulative,and potential impacts ofthe action described above have been considered pursuant to Chapter 343,Hawai'i Revised Statutes and Chapter 1 1-200.1,Hawai'i Administrative Rules.I declare that the action described above will have minimal or no significant impact on the environment and is therefore exempt from the requirement to prepare an environmental assessment. -Ti&&^.< Mar23,2022 Signature ofDirector or Delegate Todd Raybuck Chiefof Police Date 13 This document is on file in our office and is available for public review. B This document has been submitted to the Office of Environmental Quality Control for publication in The Environmental Notice. II 'C/5 COUNTY OF KAUA'I BE- KPD LIHUE HYDRAULIC _ LIFT PARKING O 3990 KA'ANA ST [SJ LIHU'E.KAUA'I TMK(4)3-6-002-018 MARC VENTURA,AIA,LLC 4202 Rice Sl. Lihue,Kaua'i9G7e6 Phone:8082463936 Fax:8062463936 III ';!lS cwm'fOF~WMT KPDLIHUE HYDRAUUC 1-1FT PARKINS 3WO KA'ANA ST UHU'E.KAUA'I TMx(4)3-6-002-018 ,42oaFticegt. ^Uhue,Kgua-i9676S Phone:808246393S Fax;80S 246 3336' ^''.'•^:'- ii'/'ll.' HYDRAULIC LIFT PARKING LAYOUT y'SCALE:1/4"=I'.O" /.\HYDRAULIC LIFT PARKING ENTRANCE ELEVATION V 1 .}SCALE71/4"=1'---0"- ^tCE WIFH niL FL&RM MB SP£1:1>- MARC VEHTURA,AIA,LLC HYDRAULIC LIFT PARKING SECTION SCALE:1M"=1'-0" cOSio " <1)—•?:"? o §^ Q uSn ^<5 z OI^ >LU a-liL§§^3ug ^ 00 5°5 ^liiUJm 2 ?"X5? A2.0 ~t. 'IQhS MODELf*0 Ka'aina S.Hull Director of Planning Jocli A.Higuchi Saycgusa Deputy Director ofPlanning COUNTY OF KAUA'I PLANNING DEPARTMENT DIRECTOR'S REPORT I.SUMMARY Action Required by Consideration ofa Bill for an Ordinance Amending Chapter 8, Planning Commission:Kaua'i County Code 1987,as amended,relating to the Comprehensive Zoning Ordinance (CZO). Permit Application Nos.Zoning Amendment ZA-2022-8 Name of Applicant(s)COUNTY OF KAUA'I,PLANNING DEPARTMENT II.PERMIT INFORMATION III.LEGAL REQUIREMENTS I,.1.^. JUN 2 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. 1]Gencral Plan Amcndment I1 Community Plan Amendmcnt Q State Land Use District Amendment KCC Scction 8-3.4 Public Hearing Date:June 28,2022 Date ofPublication;May 12,2022 Date ofDircctor's Report;June 8,2022 IV.DESCRIPTION OF THE AMENUMENT The proposed legislation (see Exhibit A)is being initiated by the County ofKaua'i Planning Departmenl,and it would amend Section 8-30.1 ofthc Comprehensive Zoning Ordinance (CZO)rclating to Additional Rental Units. In order to qualii'y for an Addilional Rental Unit (ARU),the CZO requires a lot ofrecord to have direct access onto a County standard roadway with an all-weather surface (asphalt or concrete pavement).Ifit is not available,the Planning Director and County Engineer may apply the standards and criteria for requiring such road improvements as eslablished by the Subdivision Ordinance and the "Kaua'i County Planning Commission Road Widening Policy." V.AMENDMENT JUSTIFICATION Kaua'i is currently in a housing crisis with the present housing inventory unable to meet the local demand for housing units.The Additional Rental Unit (ARU)program helps with the housing demand. The ARU permitting process requires an ARU Clearance Form to be routed to various County and State Agencies before submitting a building permit application.The ARU CIearance Form can be completed by all departments in a few weeks.However,the road widening requirement under Kaua'i County Code (KCC)Sections 8-30.l(a)extends the time it takes to get a completed ARU CIearance Form by at least two to three months. Per Section 8-30.1(c)(4),ARU standards for road widening replicated similar standards contained in Section 8-15.1(4)(E)pertaining to Additional Dwelling Units.While the original intent of the requirement for a road widening agreement was to ensure non- standard roadways be brought up to county standards,in the 40 years this process has been in effect,there has not been a single substandard road brought into conformity thi'ough the ADU/ARU clearance process involving associated road widening agreements.As a result, the proposed amendment would align Section 8-30.1 Additional Rental Unit standards with the recent amendment to Additional Dwelling Unit standards contained in Section 8-15.1. VI.AGENCY COMMENTS See attached Exhibit B. VII.PRELIMINARY EVALUATION In evaluating the proposed zoning amendment,the following aspect should be taken into consideration: 1.Comprehensive Zonine Ordinance CCZO') ZA-2022-8 Dircctor's Report CoLinly ol'Kaiiti'i,Plaiining Departmcnt Junc 1,2022 2|P ag e The proposed amendment is to be evaluated pursuant to Section 8-3.4(d)ofthe CZO, Kaua'i County Code (KCC),as amended.The section,reads: "(d)Consideration.In considering an amendment,the Planning Commission shall consider the purposes ofthe existing and proposed changes to the Zoning Ordinance.A change in the Zoning Map or text shall not be made unless the change will further the public necessity and convenience and the general welfare." As Previously mentioned,the intent ofthe amendment is to remove the requirement for a lot ofrecord to have direct access onto a County standard road or have the Subdivision Ordinance or the "Kaua'i County Planning Commission Road Widening Policy"be applied to the ARU clearance form process furthering the public necessity and convenience. 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 PIan. A.Section 1.4,entitled "Policies to Guide Growth" i.Policy #1:"Managc Growth to Preserve Rural Character" removing the ARU road widening agreement we are expediting the process to accommodate ARUs in a matter that maintains the rural characteristics of our communities. ii.Policy #2:Provide Affordable Housing While Facilitating a Divcrsity ofPrivatcly-Developcd Housing for Local Families The ARU road widening agreement is an unnecessary regulatory step that establishes a barrier to the development ofa diverse array ofprivately-developed housing types. B.Section 1.1.3,entitled "General Plan Framework" "Objectives and Actions by Scctor -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." ZA-2022.8 Dircclor's Rcpon Coiiiity oi Kaiiti'i,Planiiing Departniciit Junc 1.2022 3|Page The proposed legislation aligns with the 2018 General Plan "objectives and Actions by Sector"by updating the ARLI Clearance Form requirements to facilitate a more efficient and logical process. 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 Zonin; Amendment ZA-2022-8 be APPROVED. By &^ SHELEA BLACKSTAD Plaiiner Approved &Recomn^endgrl to Commission: Date: KAAINA Director of Planning fc>/2-[n^^-'t- ZA-2022-8 Director's Reporl Coiinty ofKatiEi'i,Planniiig Ueparlmciit June 1.2022 41 Pa g e EXHIBIT"A" (Draft Ordinance) ORDINANCE NO. BILL NO. A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUA‘I COUNTY CODE 1987, AS AMENDED, RELATING TO ADDITIONAL RENTAL UNITS SECTION 1. Findings and Purpose. The Council finds that Kaua`i is currently in a housing crisis with the current housing inventory unable to meet the local demand for housing units. The Council also finds that the Additional Rental Units standards for road widening under Kaua‘i County Code (KCC) Section 8-30.1(C)(4) extends the time it takes to get an ARU Clearance Form by at least two to three months. The Council also finds that Section 8-30.1 (C)(4) Additional Rental Unit standards for road widening replicated Section 8-15.1(4)(E) Additional Dwelling Units standards for road widening. While the original intent of the requirement for a road widening agreement was to ensure non-standard roadways be brought up to county standards, there have been no substandard roads brought into conformity through ADU associated road widening agreements. The Council also finds that removing Section 8-30.1 (C)(4) will remove this unnecessary two to three month delay in the ARU clearance form process. The purpose of this ordinance is to amend the Comprehensive Zoning Ordinance to remove the requirement for a lot of record to have direct access to a County standard road or have the Subdivision Ordinance or the “Kaua‘i County Planning Commission Road Widening Policy” be applied to the ARU clearance form process. SECTION 2. Chapter 8, Article 15, Kaua‘i County Code 1987, as amended is hereby amended by amending Sec. 8-30.1, to read as follows: (a) One Additional Rental Unit may be constructed as an accessory to an existing dwelling unit located within the Residential Zoning District, subject to the following conditions: (1) The maximum total floor area for an Additional Rental Unit shall be 800 square feet. The total floor area shall mean the sum of the horizontal areas of each floor of a building, measured from the interior faces of the exterior walls. The total floor area shall include enclosed attached accessory structures such as garages or storage areas. Unenclosed attached structures such as breezeways, lanais, or porches shall be excluded. (2) One (1) off-street parking space per Additional Rental Unit shall be provided in addition to the required off-street parking for the primary dwelling unit(s). (3) Neither the owner or owners, nor the heirs, successors or assigns of the owner or owners will submit the lot or any portion thereof to a condominium property regime under the provisions of Hawai‘i Revised Statutes, Chapter 514A and 514B, to separate the ownership of an Additional Rental Unit from the ownership of its primary dwelling unit. (4) The Additional Rental Unit shall be used only for long-term rental or otherwise occupied for a period of at least six (6) months per year. (5) The Additional Rental Unit shall not be used for transient accommodations, including but not limited to a homestay or transient vacation rental. (6) Provided the Department of Public Works, Engineering Division does not object, an additional ten percent (10%) land coverage beyond the land coverage maximum established under Section 8-4.3 shall be provided to the respective property for the construction of an Additional Rental Unit(s) and any required off-street parking stall(s). (b) With the exception of Section 8-30.1(a)(6), the development standards for an Additional Rental Unit shall be the same as the requirements of Section 8-4.3 and Section 8-4.5 relating to the Residential District. (c) Prior to building permit review for an Additional Rental Unit, the following public facilities shall be found adequate to service the Additional Rental Unit: (1) For sewered areas, the availability and capability of a public sewer system shall be confirmed in writing by the Department of Public Works. The availability of a private sewer system or an individual wastewater system shall be confirmed in writing by the State of Hawai‘i Department of Health. (2) The availability of water (including but not limited to source, transmission, and storage lines/facilities) shall be confirmed in writing by the Department of Water. (3) Approval in writing for an Additional Rental Unit from the Kaua‘i Fire Department shall be required. [(4) The lot must have direct access to a street that has an all weather surface (asphalt or concrete) roadway pavement continuous to the major thoroughfare, or if the street does not have such all-weather surface at the time of application for a building permit, there exists funds specifically appropriated in the capital improvement budget ordinance for such roadway pavement. The Planning Director and County Engineer shall apply the standards and criteria for requiring road improvements established pursuant to Chapter 9, Subdivision Ordinance, Kaua‘i County Code 1987, as amended, and the “Kaua‘i County Planning Commission Road Widening Policy” (as may be amended) for those roads considered substandard.] (d) The Additional Rental Unit Facilities Clearance Form as prescribed by the Planning Director shall be completed prior to application for a building permit and shall be submitted with the building permit application. All requirements and conditions on the completed Additional Rental Unit Facilities Clearance Form shall be met prior to issuance of a building permit based on legal requirements at the time of building permit issuance. The Planning Director shall certify the Additional Rental Unit Facilities Clearance Form as complete only if every signature blank on the form has been signed by the respective department or agency, and the applicant has signed an affidavit prescribed by the Planning Director. (e) The permitting and construction of an Additional Rental Unit shall conform to Chapter 444 and Chapter 448E of the Hawaii Revised Statutes. (f) Additional Rental Units shall be prohibited on any property located within any of the County of Kaua‘i’s Tsunami Evacuation Zones west of the Hanalei River. (g) Additional Rental Unit (ARU) Subsidy; Purpose. There is hereby established and created an account to be known as the “Additional Rental Unit (ARU) Subsidy” within the Housing Development Fund (Fund No. 512) for the purpose of subsidizing efforts associated with the Facilities Reserve Charge (FRC). Administration. The County Housing Agency shall certify an applicant’s qualification to receive an Additional Rental Unit (ARU) Subsidy. Applications for an ARU Subsidy shall be processed on a first come, first served basis, subject to funding availability. Copies of all ARU Subsidy Applications, regardless of affordability certification result, shall be provided to the Planning Department, the Public Works Department-Wastewater Division, and the Public Works Department- Building Division prior to any waiver of fees. Appropriation of Funds. An appropriation of $113,200 from the Housing Development Fund shall be set aside to assist property owners with efforts associated with the Facilities Reserve Charge. Annual appropriations from the Housing Development Fund shall be subject to Council approval. Any balance remaining in the Additional Rental Unit (ARU) Subsidy account at the end of any fiscal year shall not lapse. The moneys in the Additional Rental Unit (ARU) Subsidy account shall not be used for any purpose except those listed in this section. Any violation of the affordable housing restrictions required by the Housing Agency may result in an ARU Subsidy Repayment as follows: Number of days in Affordable Rental Program Percent of ARU Subsidy Repayment Less than or equal to 365 days (1 year) 100% Less than or equal to 730 days (2 years) 75% Less than or equal to 1,095 days (3 years) 50% Less than or equal to 1,460 days (4 years) 25% Less than or equal to 1,825 days (5 years) 10% Repayment. The ARU Subsidy Repayment constitutes a lien upon the real property in which the ARU is situated. The lien may be recorded in the appropriate land record system. After any failure to pay the amount due, the lien may be enforced by any legal action, including foreclosure proceedings. In the event legal action is instituted for collection, the County shall be reimbursed for all costs of collection including reasonable attorneys’ fees. Rules and Regulations. The Kaua‘i County Housing Agency is hereby authorized and directed to promulgate rules and regulations as may be necessary to implement subsection 8 30.1(g) within twelve (12) months from approval of this Ordinance. Preemption. Nothing in this section shall be construed to preempt or prohibit the authority in any other provision of the Kaua‘i County Code 1987, as amended. (Ord. No. 1026, March 19, 2018; Ord. No. 1059, November 12, 2019) EXHIBIT "B (Agency Comments) // COIJNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LIHU'E,HAVVAI't 96766 (808)241.4050 FROM:Kaaina S.Hull,Director (Shelea) SUBJECT:tZoning^mendment:ZA^2022i8./ Cok Planning Department,Applicant 6/6/2022 TO: D Depanment ofTransportation -STP DPW-EngineeringaDOT-Highway,Kauai(info only)D DPW-WastewateraDOT-Airports,Kauai (info only)a DPW-Building DOT-Harbors,Kauai (irefo only)D DPW-SolidWaste State Departmen(of Health a Department of Parks &RecreationaStateDepartmentofAgricultureTire-pepartment jaStateOfficeofPlanningCountyHousing-Agency D State Dept.ofBus.&Econ.Dev.Tourism a County Economic DevelopmentuStateLandUscCommissionaKHPRC D State Historic Preservation Division Water Department D DLNR-Land Management a Kaua'i Civil Dcfense D DLNR-Foresty &Wildlife D U.S.Postal Department D DLNR-Aquatic Resources a (JH_Sea_Grant D DLNR-OCCL County Transportation Agency Other:Office of Hawaiian Affairs FOR YOUR COMMENTS (pertaining to your department): No comments or concerns from Fire This malter is scheduled for a public hearing before the County of Kauai Planning Commission on 6/28/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street, Lihue,Kauai,at 9:00 am orsoon thereafter.[f we do not receive youragency comments within one (1) month from the date of this request,we wiil assume that there are no objections to this permit request. Mahalo!