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2022-7-12 Planning Commission Agenda PacketPAGE 2 PLANNING COMMISSION – JULY 12, 2022 PLANNING COMMISSION MEETING NOTICE AND AGENDA Tuesday, July 12, 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/87987571072 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 E. RECEIPT OF ITEMS FOR THE RECORD F. HEARINGS AND PUBLIC COMMENT. 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. 4. New Public Hearing a. ZA-2022-9: A bill for an ordinance amending Chapter 10, Article 3, Kauai County Code 1987, as amended, relating to the West Kauai Community Plan. The proposal amends Section 10-3 of the Kauai County Code relating to text and mapping requirements within to establish a Special Planning Area "O", which shall also be known as the “Plantation Camp Walkable Mixed Use District”, and be designated as “SPA-O" as shown on Zoning Maps ZM-KV-100 (Kaumakani Village) and ZM-KA-100 (Kaumakani Avenue) for a portion of a property further identified as tax map key 1-7-006:001 = County of Kaua‘i, Planning Department. PAGE 3 PLANNING COMMISSION – JULY 12, 2022 b. ZA-2022-12: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Article 12 of the CZO relating to Constraint Districts. The purpose of the ordinance is to amend the CZO's Constraint Shoreline District (S-SH) and Flood District (S-FL) to become the Constraint Sea Level Rise District to address sea level rise impacts on annual high wave run up and passive flooding projected to occur within this century by a County of Kauai Sea Level Rise Constrain District Viewer = County of Kaua‘i, Planning Department. G. CONSENT CALENDAR 1. Status Reports a. None for this Meeting. 2. Director’s Report for Project Scheduled for Agency Hearing a. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-8), CLASS IV ZONING PERMIT (Z-IV-2022-11) and USE PERMIT (U-2022-11) to allow replacement and upgrades to the existing wastewater treatment plant facility servicing the Nihi Kai Villas condominium project, involving a parcel situated on the mauka side of Hoone Road in Poipu, approximately 200 feet north of the Hoone Road/Nalo Road intersection, further identified as 1870 Hoone Road, Tax Map Key: (4) 2-8-019:022 and containing a total area of 5.975 acres. 1. Director’s Report pertaining to this matter (see agenda packet). H. GENERAL BUSINESS MATTERS 1. Planning Director Kaaina S. Hull’s Petition to Revoke Applicant Sally Sellar Reed Trust TVNCU Certificate and Issue an Order to Show Cause and Set Hearing. 2. AMENDMENT TO CLASS IV ZONING PERMIT (Z-IV-2020-1), AND USE PERMIT (U-2020-1) to amend Condition No. 8 to allow completion of the project to construct a new branch office building and associated site improvements on property located within Kīlauea Town, situated immediately across the Kīlauea Post Office facility and immediately adjacent to the Kīlauea Lighthouse Shopping Center, along the northern side of the Kilauea Lighthouse Road, Keneke Road intersection, further identified as Tax Map Key: 5-1-2-0005:023, and affecting a portion of the larger parcel containing approx.. 179.439 acres = Gather Federal Credit Union. 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. Consideration and Action on all Subdivision matters listed on the Subdivision Committee Agenda. PAGE 4 PLANNING COMMISSION – JULY 12, 2022 K. UNFINISHED BUSINESS (For Action) 1. None for this Meeting. L. NEW BUSINESS (For Action) 1. ZA-2022-9: A bill for an ordinance amending Chapter 10, Article 3, Kauai County Code 1987, as amended, relating to the West Kauai Community Plan. The proposal amends Section 10-3 of the Kauai County Code relating to text and mapping requirements within to establish a Special Planning Area "O", which shall also be known as the “Plantation Camp Walkable Mixed Use District”, and be designated as “SPA-O" as shown on Zoning Maps ZM-KV-100 (Kaumakani Village) and ZM-KA-100 (Kaumakani Avenue) for a portion of a property further identified as tax map key 1-7-006:001 = County of Kaua‘i, Planning Department. a. Director’s Report pertaining to this matter (see agenda packet). 2. ZA-2022-12: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Article 12 of the CZO relating to Constraint Districts. The purpose of the ordinance is to amend the CZO's Constraint Shoreline District (S-SH) and Flood District (S-FL) to become the Constraint Sea Level Rise District to address sea level rise impacts on annual high wave run up and passive flooding projected to occur within this century by a County of Kauai Sea Level Rise Constrain District Viewer = County of Kaua‘i, 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-2022-9: A bill for an ordinance amending Chapter 10, Article 3, Kauai County Code 1987, as amended, relating to the West Kauai Community Plan. The proposal amends Section 10-3 of the Kauai County Code relating to text and mapping requirements within to establish a Special Planning Area "O", which shall also be known as the “Plantation Camp Walkable Mixed Use District”, and be designated as “SPA-O" as shown on Zoning Maps ZM-KV-100 (Kaumakani Village) and ZM-KA-100 (Kaumakani Avenue) for a portion of a property further identified as tax map key 1-7-006:001 = County of Kaua‘i, Planning Department. 2. ZA-2022-12: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Article 12 of the CZO relating to Constraint Districts. The purpose of the ordinance is to amend the CZO's Constraint Shoreline District (S-SH) and Flood District (S-FL) to become the Constraint Sea Level Rise District to address sea level rise impacts on annual high wave run up and passive flooding projected to occur within this century by a County of Kauai Sea Level Rise Constrain District Viewer = County of Kaua‘i, Planning Department. 3. Planning Director Kaaina S. Hull’s Petition to Revoke Applicant Sally Sellar Reed Trust TVNCU Certificate and Issue an Order to Show Cause and Set Hearing. PAGE 5 PLANNING COMMISSION – JULY 12, 2022 4. AMENDMENT TO CLASS IV ZONING PERMIT (Z-IV-2020-1), AND USE PERMIT (U-2020-1) to amend Condition No. 8 to allow completion of the project to construct a new branch office building and associated site improvements on property located within Kīlauea Town, situated immediately across the Kīlauea Post Office facility and immediately adjacent to the Kīlauea Lighthouse Shopping Center, along the norther side of the Kilauea Lighthouse Road, Keneke Road intersection, further identified as Tax Map Key: 5-1-2-0005:023, and affecting a portion of the larger parcel containing approx.. 179.439 acres = Gather Federal Credit Union. 5. Preliminary Subdivision Extension Request a. Subdivision Application No. S-2017-6 (Moloaʽa Valley Homeowners, LLC.) Proposed 7-lot Subdivision TMK: (4) 4-9-11:013 Kawaihau, Kaua‘i b. Subdivision Application No. S-2019-3 (McBryde Sugar Company, LLC. / Sunset Strip Properties, LLC.) Proposed 19-lot consolidation and resubdivision into 2-lots TMK: (4) 2-4-016:001 - 019 Wahiawa, Kōloa, Kaua‘i c. Subdivision Application No. S-2019-4 (Tim Beckman & Mira Hess) Proposed 4-lot consolidation and resubdivision into 3-lots TMK: (4) 2-8-014:038, 042 Kōloa, Kaua‘i d. Subdivision Application No. S-2019-8 (Stephanie Fernandes) Proposed 5-lot subdivision TMK: (4) 4-2-005:044 Wailua, Kawaihau, Kaua‘i e. Subdivision Application No. S-2020-9 (Baird Family Limited Partnership) Proposed 3-lot subdivision TMK: (4) 4-4-013:002 Kapaʽa Homesteads, 2nd Series, Kaua‘i 6. Final Subdivision Map Approval a. Subdivision Application No. S-2021-6 (KEEKAUAICARPORT, LLC.) Proposed 2-lot subdivision TMK: (4) 2-6-017:045 Kōloa (Makai), Kōloa, Kona, Kaua‘i PAGE 6 PLANNING COMMISSION – JULY 12, 2022 b. Subdivision Application No. S-2022-3 (Whiptail Wallaby, LLC.) Proposed 2-lot consolidation TMK: (4) 2-6-018:025, 027 Kōloa (Makai), Kōloa, Kona, 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 26, 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 PAGE 7 PLANNING COMMISSION – JULY 12, 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. July 12, 2022 SHORELINE SETBACK DETERMINATIONS Application No. Name of Applicant(s) Property I.D. (Tax Map Key) Location Development/Reasons SSD-2022-49 Concora Cliffs LLC 2-8-015:014 Hanalei Second story addition/ SSD-2022-50 COK Department of Parks and Recreation 5-5-002:019 Hanalei Renovation of existing Hanalei Pavilion/ Accreting shoreline required setback 100 feet, Existing Pavilion 280 feet away from shoreline ORDINANCE N0.BILL N0. A BILL FOR AN ORDINANCE AMENDING CHAPTER 10 ARTICLE 6, KAUA'I COUNTy CODE 1987,AS AMENDED, RELATING TO THE WEST KAUAI COMMUNITy PiAN (County ofKauai Planning Department,Applicant) BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA'I,STATE OF HAWAI'I: SECTION 1.Findings and Purpose.The Kaumakani Plantation Camp areas maintains a unique sense ofidentity and has features and qualities that should be preserved.There are also vacant areas adjacent to these communities that are within the State Land Use Urban District and the Plantation Camp Zoning District that could be further developed. SECTION 2.The purpose of this ordinance is to utilize Form Based Code to maintain the unique historical character of Kaumakani's built environment while also allowing additional housing and limited commercial development on the vacant areas of the Kaumakani Camp and Kaumakani Avenue areas in manner that reinforces and maintains the patter ofthe associated neighborhood.Form Based Code is currently used as a zoning overlay in the town cores ofWest Kaua'i. SECTION 3.Section 10-3,Kaua'i County Code 1987,as amended,is hereby amended to add a Special Planning Area "O (SPA-0),which shall also be known as the Kaumakani Plantation Camp Walkable Mixed Use District".The Special Planning Area map shall be adopted with a new ZM-KC-100 (Kaumakani) and adopted within the West Kaua'i Community Plan as attached in Exhibit 1.The corresponding design standards in text format shall be adopted within the West Kaua'i Community Plan as attached in Exhibit 2. SECTION 4.The West Kaua'i Community Plan is hereby amended to adopt a Kaumakani Plantation Camp Walkable Mixed Use District map and design standards through Appendix D. SECTION 5.The Planning Department is directed to note the change on the official Zoning Map on file with the Commission. SECTION 6.The content of Chapter 10,Article 3,West Kaua'i Community Plan Implementing Ordinance,Kaua'i County Code,as amended is amended as follows: Section 10-3.1 Title and Purpose. (a)This Article shall be known and may be cited as the "West Kaua'i Community Plan Implementing Ordinance."It is adopted: (1)To provide design and development standards in order to implement the detailed planning goals and objectives for the West Kaua'i Planning District;^^a._/^'l JUL 122022 (2)To establish special planning areas,future growth areas,land uses, and development and design standards to guide and regulate future development; (3)To protect certain physical characteristics found to be ofparticular public value,as provided in Chapter 8,Article 11,Section 6,Kaua'i County Code 1987,as amended (Special Planning Areas);and (4)Establish exceptions,modifications,or additions to the provisions of Chapter 8,Kaua i County Code 1987,as amended (Comprehensive Zoning Ordinance)and Chapter 9,Kauai County Code 1987,as amended (Subdivision Ordinance)in order to more specifically provide for the regulation ofland use,subdivision,and development practices within the West Kaua'i Planning District. (b)Nature ofthe West Kaua'i Community Plan Ordinance.This Article provides the necessary framework and guidelines to direct future development and capital improvements in the West Kauai area,whose boundary is described in the report entitled "West Kaua i Community Plan. Additionally,this Article supplements Chapter 8,Kaua'i County Code 1987, as amended (Comprehensive Zoning Ordinance)and Chapter 9,Kaua i County Code 1987,as amended (Subdivision Ordinance)by regulating use and development standards within the West Kaua'i Special Planning Areas, as identified in the zoning maps attached to Ordinance No.1083,and on file with the Planning Department,County ofKauai. (c)The guidelines ofthis Article are based on the report entitled West Kaua'i Community Plan"(Planning Commission draft approved in 2020,as amended by the Kaua'i County Council in 2020,and as may be subsequently amended),a booklet whose major components include: (1)Regional and town plan maps; (2)Policies for the West Kaua'i region as a whole; (3)Goals and objectives for Kekaha,Waimea,Hanapepe,'Ele'ele,Port Allen,Kaumakani,Pakala Village,Numila,and other areas;and (4)Appendices.(Ord.No.1083,December 3,2020) Section 10-3.2 Vision and Goals. The vision and goals for the region referred to in this Article,which shall be known as the West Kaua'i Planning District,and its communities are described in the report entitled "West Kaua'i Community Plan."(Ord.No.1083, December 3,2020) Section 10-3.3 Application of Regulations. (a)The West Kaua'i Form-Based Code,attached as Appendix "C"to the West Kaua'i Community Plan,is by reference incorporated herein and made a part hereof.The provisions ofthe West Kaua'i Form-Based Code shall apply to all new development located within the Special Planning Areas,as identified in the zoning maps [attached to Ordinance No.1083],and on file with the Planning Department,County ofKaua'i. (b)The regulations and procedures established in Chapter 8,Kaua'i County Code 1987,as amended (Comprehensive Zoning Ordinance)shall apply within the Special Planning Areas ofthe West Kaua'i Planning District,except to the extent that such regulations or procedures are changed or modified by the provisions ofthe West Kaua'i Form-Based Code.When the provisions ofthis Article differ with respect to the provisions of Chapter 8,Kaua'i County Code 1987,as amended (Comprehensive Zoning Ordinance)and Chapter 9,Kaua'i County Code 1987,as amended (Subdivision Ordinance),the West Kaua'i Form-Based Code shall supersede such provisions as provided in Chapter 8, Article 11,Kaua'i County Code 1987,as amended (Special Treatment Districts (ST)).(Ord.No.1083,December 3,2020) Section 10-3.4 Existing Conditions. (a)This Article does not mandate the immediate modification ofstructures and uses lawfully in existence upon the enactment ofthis Article. (b)The requirements ofthis Article will not be triggered by routine maintenance not requiring a zoning permit. (c)Existing Buildings and Structures.Buildings and structures lawfully in existence upon the enactment of this Article that do not conform to the provisions ofthis Article are subject to the requirements ofChapter 8,Article 13,Section 1,Kaua'i County Code 1987,as amended (Nonconforming Buildings and Structures). (d)Existing Uses.Uses lawfully in existence upon the enactment ofthis Article that are not consistent with the Special Planning Areas will be allowed to continue on the parcel ofrecord as provided in Chapter 8,Article 13,Section 2,Kaua'i County Code 1987,as amended (Nonconforming Uses).(Ord.No. 1083,December 3,2020) Section 10-3.5 Special PIanning Areas,Designations,and Procedures. (a)Designation of Special Planning Areas "K,""L,""M,"[and]"N f.1".and O.The boundaries ofthe following form-based code districts are hereby adopted as described in the West Kaua i Form-Based Code,attached as Appendix "C"and Anpendix "D"to the West Kaua'i Community Plan,and shall be referred to as follows: (1)Special Planning Area "K,"which shall also be known as the "Kekaha Town Walkable Mixed Use District"and be designated as "SPA-K"as shown on the zoning map attached to Ordinance No.1083 as Exhibit 1,and on file with the Planning Department,County ofKaua'i. (2)Special Planning Area "L,"which shall also be known as the "Waimea Town Walkable Mixed Use District"and be designated as "SPA-L"as shown on the zoning map attached to Ordinance No.1083 as Exhibit 2,and on file with the Planning Department,County ofKaua'i. (3)Special Planning Area "M,"which shall also be known as the Hanapepe Town Walkable Mixed Use District"and be designated as "SPA- M as shown on the zoning map attached to Ordinance No.1083 as Exhibit 3,and on file with the Planning Department,County ofKaua'i. (4)Special Planning Area "N,"which shall also be known as the "'Ele'ele- Port Allen Walkable Mixed Use District"and be designated as "SPA-N"as shown on the zoning map attached to Ordinance No.1083 as Exhibit 4,and on file with the Planning Department,County ofKaua'i. (5)Special Plannine Area "O,"which_shalLalso be know as the Kaumakani Plantation Camp Walkable_Mixed Use District"and designated SPA-0 as shown on the.zoning mau attached as Ordinance No.XXX as Exhibit 1,and on file with the Planning Deoartment,County of Kaua'i. (b)Designation ofZoning Maps.In order to carry out the purpose ofthis Article,the zoning maps ZM-K100 (Kekaha),ZM-W100 (Waimea),and ZM- H200 (Hanapepe)ofChapter 8,Kaua'i County Code 1987,as amended (Comprehensive Zoning Ordinance),are hereby amended.Zonine'Map ZM- KC100 (Kaumakani)is herebv adopted.(Ord.No.1083,December 3,2020) Section 10-3.6 Implementation of the West Kaua'i Community Plan. The West Kaua i Community Plan shall serve as a guide for all development within the West Kaua'i area.(Ord.No.1083,December 3,2020) SECTION 7.Severability Clause.If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid,the invalidity does not afiect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application,and to this end,the provisions of this Ordinance are severable. SECTION 8.Material to be repealed is bracketed.New material is underscored.When revising,compiling,or printing this Ordinance for inclusion in the Kaua'i County Code 1987,as amended,the brackets,bracketed material,and underscoring need not be included. SECTION 9.This Ordinance shall take effect upon its approval. Introduced by: DATE OF INTRODUCTION: ORDINANCE N0.B1LLNO. A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8,ARTICLE 12 KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING TO CONSTRAINT DISTRICT(S). SECTION 1.Finding and Purpose.The Council finds that rapid warming ofthe atmosphere and oceans is increasing sea level rise that threatens our natural and built environments. The Council also finds that the State ofHawaii Climate Change and Mitigation and Adaptation Commission adopted a Sea Level Rise Vulnerability and Adaptation Report.The Report with its corresponding Hawaii Sea Level Rise Viewer provide hazard and vulnerability data and maps that can be used for land management decisions. The Council also finds that the Hawaii Sea Level Rise Viewer models three specific sea level rise hazards associated to increase within this century:chronic coastal erosion,annual high wave run up,and passive flooding. With data generated through the studies and analysis for the State ofHawaii Sea Level Rise Vulnerability and Adaptation Report,the Count ofKauai can generate its own sea level rise spatial and depth analysis for annual high wave run up and passive flooding generated from sea level rise The Council also finds that the Comprehensive Zoning Ordinance has two relatively outdated and redundant Constraint Districts,the Constraint Shoreline District (S-SH)and Flood District (S-FL).Both ofthese Constraint Districts are now covered by much more comprehensive rules and regulations with the Special Management Area Rules and Regulations and the Floodplain Management Ordinance,respectively. The Council also finds that Article 27 ofthe Comprehensive Zoning Ordinance establishes specific shoreline setback requirements to address chronic coastal erosion as well as the added impact ofsea level rise on shoreline erosion.Any additional regulations conceming sea level rise impacts on coastal erosion should be done so within Article 27 ofthe Comprehensive Zoning Ordinance The purpose ofthis ordinance is to amend the Comprehensive Zoning Ordinance's Constraint Shoreline District (S-SH)and Flood District (S-FL)to become the Constraint Sea Level Rise District to address sea level rise impacts on annual high wave run up and passive flooding projected to occur within this century by a County ofKauai Sea Level Rise Constrain District Viewer. SECTION 2.Sec.8-12.4 Flood District (S-FL)and Sec.8-12.5 Shore Districts (S-SH),Kaua'i County Code 1987,as amended is hereby amended to read as follows: [Scc.8 12.4 Flood District (S FL). ^l»..fe./t.^ JUL 12 2022 (a)—Purpose. (4-)—Tominimizo tho threat to public hcalth and satety duo to periodic inundntion by storm wator. (3^—Tomaintain the charactcristics offlood plain areas which contribute to ground water recharge,storm water storagc,silt rotention and marinc water quulity. (b)—LandsIncluded.All lands subject to flooding and idcntif'ied as flood fringe,floodway, and gcncral flood plain nrcas by the Federal Insumnco Administmtion in a ociontific and engineering rcport cntitlcd "The Flood Insurance Study for thc County ofKuua'i,"duted March 9,19S7,with accompanying FIood Insuranco Rate Maps. (e)—Rcquiromcntsfor Devclopment Within a Flood District.No Zoning,Building,or Use Permit shall bc issued,nor shall nny uso roquiring the development,grading or altoration of any portion ofthe Flood District be pennittcd,unless thc applicant establishos conformity vvith the requirements ofthio Scction. (^)—i\pplicationsshall includo: (A)—Developmentplans indicating: (i)—Thclocation,size,naturo,nnd intended use ofall buildings,roads, walkivays and other impervious ourfacos; (ti)—Limitsand extent ofall clcaring and gruding opomtions;grading plans showing existing und reviscd contour lines;cross scctions shovving cuts and fills anticipated;angles ofslopcs and structural appliancos such as retaining walls and cribbing; (iu)—Sizeoand locations ofexisting and proposed surface and subsurface A'ainage ivith expectcd quantities,velocitios,and treatment ofoutfeUs^ (w)—Provisionofor siltation and erosion control during construction and plans for revcgetation ofall cleured or graded areas not covorcd by ifflpervious surfaces; (v)—Identificationofflood hazards on thc site,including the delinoation of the floodways and base flood elevations. (&)—Whenrequired by tho Department ofPublic Works,hydrologic and geologic rcports showing the eftects ofthc dcvclopment on ground water rechargc,storm watcr retention and marine ivater quality ohall bc submitted. (€)—Whenrequircd by the Planning Dircctor,an environmentnl impact study indicating critical areas ofconccrn and the effects ofthc proposcd development on physical,geologic,ecologic and cnvironmental formG and systems such as dovvnstream water quality,flood plnins,wildlife,vegetation and marine ecologies, visunl and historic amenities,and air or ground water pollution. (£)—Theuse,structure and devclopmcnt,ifrequired,shall bc subject to additional construction and dcvelopment otandnrds provided in Sec.151,Flood Pluin Managemcnfc (¥)—The applicant shall dcmonstrate to thc satisfaction ofthe Plunning Director,thc Departmcnt of Public Works,and the Manager and Chief Engincer of the County Water Dcpurtment that tho proposed devclopment will not have a detrimentnl cffoct on the ecology ofthe urea nnd ihat thc potcntinl tlamagc to public utility,traffic servicc systems,as u result ofthe development,has been substantially eliminatcd. (4)—Modification ofRequircments.The requirementB ofthis Article ohall not apply where the applicant dcmonstrates to the satisfaction ofthe Department ofPublic Worko thatthe afea in queotion should not have been included in the Flood Dictrict undcr thc criteria established in Subsection (b). Scc.8 12.5 Shorc Districts (S SH). (a)—Purpose.To rogulate developmcnt or alterations to shore and ivater areas ivhich have unique physical und ccological conditions in order to protoct and maintain physical, biologic and sconic rosources ofparticular value to the public. (fe)—LandsIncludod. (4^—TheShore District includcs the greater ofthc following shoreline arcas (Innd and w-That area wherc the Planning Diroctor dotcrmines that thcrc i;iignificant item'interrelationship between thc physical,biologic,or ecologic forms or syi charactcristic ofthe shore area; (B)From the low water mark to forty ('10)feot inland from thc uppcr reaches of the vvash ofwaves other than storm or tidal ivaves (or twenty (20)fcct in those casec as are provided for by the rules ofthe Statc Land Use Commission implcmcnting Chapter 205,H.R.S.). (3)—Withinfivc (5)years after Scptember I,1972 thc Planning Commission shall preparo a Shoreline Special Treatmont Zone Plnn.Thc plan upon udoption by the Planning Commission shall determine the boundaries ofthe Shore District; (e)—Requircments for Development Within the Shorc District.No Zoning,Building or Use Pcrmit shall bc iscucd,nor shall any usc requiring the devclopmcnt,grading or altoration of any portion ofthc Shore District be permitted,unless the npplicant estnblishes conformity with the requirementsofthis Section. (4^—Applicantsfor permito shall fumish an Information Report prcparcd by a person or tirm qualified by training and experience to huve cxpert knowledgc ofthe subject. The Planning Director shall detcrmine the adequacy ofthe report and may require the submisoion offurther information ivhere ncceosary.Thc report shall provide information regnrding the existing ocean conditions and regarding probable effects of the proposcd structures,developmcnt,or alterationc.as folloivs: (A)—Withrcspect to cxisting conditions,tho rcport shall dcscribc thc configuration ofthe shore;the nature,magnitude,and periodicity of'Shore District forces such as wind,vvaves und currcnts,as they affect thc Shore District; the origin,nature and volume ofmatcrials composing thc shorelinc;the physical and biologic characteristics and the rate ofShoro District changc ovor time under both natural and proposcd urtificial conditions. (B)—Withrcspect to probable cffects ofthe proposed construction,the applicant shall define a design wave (usually the mean hoight and period ofthc highest one third (1/3)ofthc waves ofa given wave group,including storm surge and tsunami),the docign watcr lovel ofthc occan,the foundation conditions,and the construction matorials,and shall state hovv the proposed design nnd construction oporations will minimizo disruption oftho natural system. (G)—Withrospoct to aooossing thc quality oftho proposed construction,the applicant shall doscribe altematives to thc proposed construction that were considered and why each wao rejectod,in terms ofonvironmontal quality and economic feasibility,including as ono altomativo tho choico ofno construction. (S)—Bcfore a permit may be granted,the applicant shall cstablish that the propoGed alteration,construction or activity will not cause significant hnrm to: (A)—Thewator quality oftho ocean,including,but not limitod to,its clnrity, tcmporature,color,taste und odor; (B)Fish and aquatic habitato; (G)—Thonatural beauty oftho arca; (D)Navigation,safety or hoalth;or (E)—Wouldnot substantially interfere with public use ofthe ocean waters or underlying lands;and (F)—Thatother facilities aro unavailable to the applicant. (3^—Marinasand harbors shall not be permittod in the following locutions: (A)—Arenswhoro,duo to tho amount ofunconsolidatod materials,wave and current energy,shoreline configuration,and othor pcrtinont factors,bcach crosion is likoly to occur; (S)—Unstablolocations; (G)—Aroasdosignatod by thc Planning Commission ao being of uniquo sconic boauty which should be rotained in thoir natural condition; (0)—i\reaswhcro thero is no demonstrablo public nood for a noiv marinn or (E)In areas so that the stundards established in Subscction (c)(2)nro violatod; (F)—UseDistricts where marinas and harbors are not permitted uses. (4)—Marinas and harbors,ivhen pcrmined,shall be located in the following areas unless tho Planning Commisaion doterminos that the sito would be inconsistent with the objectives ofthis Chapter or thc applicant can domonstrate that such an aroa is unavailablc and that tho altemativo site chosen will be consistent ivith the purposes of this Chuptcr. (A)—Indeeper water in order to minimizo tho nccd for drodging; (9)—In natural inlots to avoid use of breakwaters; (C)In an area dosignated for marinas and harbors on the General Plan. (5)—Doaign and Conotruction Standards. (A)—Floatingpicrs or piora on pilings shall be uscd to provide acccss to boats, mther than dredging,whencvcr possible. (6)—Wheredredging is pcrmitted,opoil material shnll not be dcposited in the (C)Where a barrier wall is requirod in connection with n marina,or harbor,it shall bc carricd doep enough below the bottom to provcnt movomcnt ofback fill materials into the wnter. (&)—Materialsuscd to stubilizc tho bottom ofthe marina or harbor for pier structurcs ohall bc chomically incrt sand,gravcl,or similnr substances. (6)—ShoreFacilities.Restrooms,pump out facilitios for boat sewage receptacles,and trash rcceptacles for other boat ivastes shall be provided at a marinu or harbor. (?)—MonitoringInformation Rcquiremonts.Thc owner or operator ofa marina or harbor may be required to furnish information conccrning ivater quality,current pattems and intensitics,shore alterations,and any other conditions which may be altcred by thc construction ofthc marina or hurbor for a reasonablo pcriod aftor completion of'the facilityr (8)—LocationofShoroline Protcctive Structures.To prcvcnt local bcach loss, shoreline protectivc atructuros shall bc uscd only where protcction ofthe back shore is ofgreater importancc than beach preservation,or wherc IOGS disruptive methods havc failcd.The following dcsign and construction standnrds shall apply: (A)—Slopingpermeable rcvetments shall be used when burriers arc permitted. (8)—Soawalls and bulkheads shall bc permitted only ivhen the applicant is able to demonstmte that rovctmonts are not fcasible nnd that the nlternativo structure ivill causc no unduc bcach erosion. (G)—Shorelincbarriers shall not bc constructed ofunotable or soluble materials. (9)—Thereshall bc no fill placcd in tho Shore District except at those locations where thc fill is found to bc bcneficial to existing water quality or Shore District conditions. (10)Thcrc shall bc no dredging,removal or reurrangement ofmatcrials ivithin thc watcr or shorc zonc ofthe ocean.Drcdging or excavation pcrformcd in the coursc of construction for which a pennit has been approved under the terms ofthis Chapter shall bc considered dredging orcxcavation forthc purpose ofthis Section. (d)—PennitsRequired. (4^—AClaos IV Zoning Permit is requirod for any construction,development,use or activity proposed to bc carried out within tbrty (10)feet oftho uppcr rcaches ot the wash ofwavcs othor than storm or tidal waves,or within the shorclinc sctback arca as established by the Statc Land Usc Commisoion pursuant to Chaptcr 205,H.R.S., whichever is the leGscr.The Planning Commiosion shall issuc a permit only ifthc requirements ofboth Chapter 205,H.R.S.und this Chupter have been met. (S)—A Class III or Class IV Zoning Permit,dcpcnding upon the requircmento cstablishcd forthe undcrlying Usc District in which the proposed conGtruction, devclopment,use or activity is locnted,is rcquircd for undertakings in the Shore District establi'ihed by this Chaptcr locatcd landward of thc ohoreline sctback aroa defined in Subsection (d)(l).Thc Planning Dircctoror Plunning Commission shall issuc a pormit only ifthc requircmentii ofthis Chaptor have been met. (fr)—ModificationofRequirements.Thc rcquirements ofthis Articlo shall not apply vvhcrc the applicunt demonstratoG to the satisfaction ofthe Planning Director that the arca in question should not have bcen included in the Shore District under the criteria established in SubBcction(c)(l).] Sec.8-12.4 Sea Level Rise District (S-SLR). (a)Puroose. (1)To minimize the threat to public health and safetv due to sea level rise that increases the impactsofannual hieh wave run up and passive floodine. (2)To promote resilient plannine and design. (3)To minimize the expenditure ofpublic monev for costlv flood control proiects necessitated from sea level rise impacts. (4)To minimize the need for rescue and reliefefforts that are associated with sea level rise flooding and generallv undertaken at the expense ofthe general public. (5)To ensure that those who occupv areas that are proiected to be impacted bv sea level rise acknowledge and assume responsibilitv for their actions (b)General Provisions (1)Lands Included.All lands subiect to annual hieh wave flooding and passive flooding impacts projected by the Kauai Sea Level Rise Constraint District Viewer (with 3.2 feet of sea level rise anticipated to occur bv the vear 2100)and within the County ofKauai Sea Level Rise Constraint District (S-SLR). (2)Compliance.No structure shall be constructed.located,extended,converted.or altered without full compliance with the terms ofthis Article or other applicable reeulations. (3)Other Laws and Regulations.All construction and improvements subiect to this Article shall comply with other aoplicable laws and regulations,including but not limited to,the Flood Plain Management Ordinance,Building Code,Electrical Code.Plumbine Code.Subdivision Ordinance.Special Management Area Rules andj^egulations,and_Sediment andj^rosion ControlOrdinance.In case ofa conflict between this Article and the reauirements ofanv other Federal.law.State law,or Countv ordinance,such as the Flood Plain Management Ordinance,the more restrictive reauirements shall applv. (4)Interpretation.In the interpretation and aDplication ofthis Article,all provisions shall be: a.Considered as minimum requirementsi b.Liberallv construed irLfavor ofthe CoyntY;and c.Deemed neither to limit nor repeal anv other requirement,power,or duty Drescribed under Federal,State.or County statutes. (5)Warning and Disclaimer ofLiabilitv.The deeree ofsea level rise protection required by this Article is considered reasonable for regulatory purposes and is based on scientific considerations.Larger floods and hazards can and will occur on occasions.Sea level rise flood elevations may be increased by human or natural causes.This Article does not imply that land outside the area ofthe Constrajnt Sea Level Rise District or uses permitted within such area will be free from d_amage.This Article shall not create liabilitv on the part ofthe Countv of Kaua'i,any officer,or employee for any damages that result from reliance on this Article or any administrative decision lawfully made based on this Article. (c)Definitions "Annual high wave run up"is the distance over which the maximum annually occurring significant wave height and associated peak period run-up and wash across the shoreline. "BasemenCmeans the portion ofa building having its floor subgrade (below ground level)on all sides. "Buildine footprint"shall mean all parts ofa main building fexcludine roof overhanes)that rest on the sround directly or_indirectly,includmgthose portions of the building that are supported by posts.piers,or columns.Building footprint also includes attached garaees.covered carports.bav windows with floor space,lanais, decks,cantilevered decks.This definition does not include vertical access.such as stairs or ramps. "County"means the County ofKaua'i. "County Engineer"means the County Engineer ofthe Countv ofKaua'i or his/her authorized representative. "Flood or flooding"means a general condition ofpartial or complete inundation of normallv dry land areas from overflow of inland or tidal water resulting from anv source,such as tsunamis,or the unusual and rapid accumulation ofrunoffor surface waters from any source. "Kaua'i Sea Level Rise Constraint District Viewer"is an online atlas generated bv data used in the creation ofthe Hawaii Sea Level Rise Vulnerabilitv and Adaptation Report that was mandated bv Act 83,Session Laws ofHawaii (SLH)2014 and Act 32,SLH 2017.The Vicwer provides visyalizationsdepicting pioiections offuture annual high wave run up and passive flopding hazards due to rising sea leyels.The methodologv and data were nrovided by_the Univer^ity ofHawai'i School ofOcean and Earth Science_and Technology (UH^OEST)throysh a collaborative proiect led by the UrLiversity ofljawai'i^ea Grant Colleae Proeram (Hawai'i Sea Grant)in partnership with DLNR and the State ofHawai'i Office ofPlanning,and published ynder Anderson et al 20 18. "Lowest floor"means the lowest floor ofthe lowest enclosed area (includine basement).An unfinished or flood resistant enclosure,usable solely for parking pf vehicles,building access or storage in an_area other_than a basement area is not considered a building's lowest floor.for the purposes ofthis Article.orovided that such enclosure is not built so as to rendeLthe structure in violation ofthe applicable non-elevation design requirements ofthis Chapter. "Passive floodine"is flooding of low coastal lands due to sea level rise Dotentially from multiple sources,including but not limited to arisine groyndwater table. seawater flowing from the ocean through storm drains and out into urban areas (stonii drain backflow from the ocean),and seawater flowing directly across the shorelme into lands that lie below the water level. "Planning Director"means the Planning Director ofthe Planning Department ofthe Countv ofKaua'i. "Sea level rise flood elevation (SLRFE)"the individual depth per grid unit provided by the County ofKauai Sea Level Rise Constraint District Viewer for both the high wave run up hazard and the passive flooding hazard when either ofthose are associated with 3.2 feet ofsea level rise occurring by year 2100. "Substantial damage"means damage of any origin systained b¥_a structure wherebv the cost ofrestoring the structure to its pre-damaged_condition wpuld equaLor exceed fiftv oercent (50%)ofthe market value ofthe structure before the damage occurred. "Substantial improvement"means any combination ofrepairs,reconstruction, improvements,or additions or other improvements to a structure over a ten_00),year period,where the cumulative cost equals or exceeds fifty percent (50%)ofthe market value ofthe structure before the start ofconstruction_ofthe first improvement during that ten 00)year period.Ifthe structure lias sustained substantial damaee.anv repairs are considered substantial improvement re^ardless ofthe actualjepair work performed.The cosLpfany substantial imEroyementjncluding^he_cost to repair damaee to pre-damage condition,shall be reviewed and determined bv the County Engineer or his/her authorized representative.The tenn does not,however.include either:(1)any proiect for imDrovement ofa structure to correct existing violations of a State or loca]health,sanitarv,or safetv code specifications which have been identified bv the local code enforcement official and which are the minimurn necessarv to assure safe livine conditions,or (2)anv alteration ofa "historic structure."provided that the alteration will not preclude the structure's continued designation as a "historic structure." (d)Design Standards. (1)Anchoring.All new construction and substantial improvements shall be anchored to prevent flotation,collapse^or lateral movement ofthe strycture. (2)Elevation. a.Residential Structures.All new construction and substantialjmprovements shall have the lowest floor dncluding basements)elevated at least two (2) feet above the hiehest sea level rise flood elevation (SLRFE)located within the respective building footprint.This additional two.(2)feet shall be calculated from the top ofthe SLRFE to the bottom ofthe lowest horizontal structural member ofthe lowest floor,excluding_E)ilings, columns.and vertical accesses. Fully enclosed areas below the lowest floor that are useable solely for parking ofvehicles.building access,or storage in an area other than a basement shall be designed to automaticallv equalize hvdrostatic flood forces on exterior walls bv allowing for the entrv and exit offloodwaters. Designs for meeting this requirement must either be certified bv a registered professional engineer or architect or meet or exceed the followine minimum criteria:A minimum oftwo f2)openines havine a total net area ofnot less than one (1)square inch for everv souare foot of enclosed area subiect to flooding shall be provided.The bottom ofall openines shall be no higher than one (1)foot above grade.Openings mav be equipped with screens,louvres^valves^_o_r other coverines or devices orovided that thev permit the automatic entry and exit of floodwaters. b.Nonresidential Structures.All new construction and substantial improvements shall elevate the lowest floor,including basement,at least one (1)foot above the hiehest sea level rise flood elevation located within the respective building footprint.This additional one (\)foot shall be calculated from top ofthe SLRFE to the bottom ofthe lowest horizontal structural member oflowest floor,excluding pilings,columns,and vertical accesses. (3)Fill is prohibited for structural support (4)No machinery or eguipment that service a buildine.such as fumaces,air conditioners.heat pumps.hot water heaters,washers.drvers,elevator lift eauipment,electrical iunction and circuit breaker boxes.and food freezers.are Eermitted below the respective sea level rjse depth value located within the respective space the machinery is proposed to be situated. (5)All interior wall,floor,and ceiling materials located below the sea level rise flood elevations mysLbe unfinished and resistant to flood damaae.The desien standards set forth in the American Society ofCivil Engineers (ASCE)24 Flood Resistant Design and Construction shall be followed^ (6)Front.Rear.and Side Setback Areas.The followine mav be located within the required setback areas: a.Front.Rear,and Side Setback Areas:structures and improvements used for vertical access from grade to the elevated structure.such as stairs or ramps^ b.Rear and Side Yards:flood protection equipment,and structures housing mechanical equipment above the required SLRFE. (7)All design standards shall conform.at a minimum.to the Kaua'i Countv Code's Floodplain Management Resulations (See Title V,Chapter 15,Article 1 Floodplain Management).Additionally.perthe State Building Code Council,as pfNovember 13,2020 Kaua'i Countv is required to adopt the 2012 Intemational liyilding Code Council and will be reouired to adopt the 2018 International Building Code in timeframes determined by the State Buildine Code Council.The 2012 International Building Code incorporates,by reference,that the American Spciety ofCivil Engineers (ASCE)section 24-05 Flood Resistant Design and Construction be followed.The 2018 International Building Code incorporates,by reference,thatthe American Society ofCivil Engineers (ASCE)section 24-1_4 Flood Resistant Design and Construction be followed.The current versions ofthe IBC and ASCE Flood Resistant Design an^_Construction_shall be followed and thejnore stringent criteria wilLcomply where conflicts anse with the SLRFE. (e)Nonconformine Structures Any nonconforming structure existing on the effective date ofthis ordinanc may continue subiect to the following conditions: (1)Anv repair.reconstruction.improvement.or addition to a nonconforming structure;ifit is determined to be substantial improvement or repair ofsubstantial damage.it shall comDlv with the aDDlicable standards for new construction in the Constraint Sea Level Rise District.However,a repair,reconstruction. improvement,or addition to a nonconforming structure will not have to comply with the applicable standards for new construction ifit meets one ofthe following criteria:(1)any proiect for improvement ofa structure to correct existins violations ofa State or local health,sanitary,or safety code specifications which have been identified by the local code enforcement official and which are the 10 minimum necessarv to assure safe living conditions.or (2)anv alteration ofa"historic structure,"provided that the alteration will not preclude the structure s continued designation as a "historic structure." (2)Replacement or reconstruction ofa destroved or demolished nonconforming structure is considered new construction regardless ofthe actual work performed and shall complv with_the applicable_standards o_fthis Article^ (3)All relocated structures shall complv with the standards ofthe Article. (f)Determination ofExemption (1)Standards.A Determination ofExemption from the desien standards ofthis Article mav be issued bv a ioint determination of the Countv Eneineer and the Planning Director where the aoplicant can demonstrate that the proposal will not increase sea level rise flood heights,create additional threats to public safety, create extraordinary public expense,create nuisances,or conflict with existing local laws or ordinances. (2)Reauest for Determination ofExemption.A reauest for Determination of Exemption shall be submitted to the Planning Director and the Countv Engineer. The application shall be signed and stamped by a registered professional enfiineer or architect,and it shall include three (3)sets ofdocuments with the following information as may berequired by the Planning Director and the County Eneineer. a.Plans and soecifications showing the site and location;dimensions ofall property lines and topographic elevation pfthe lot;existing and proirosed structures and improvements,fill,storage area;location and elevations of existing_and proEOsed streets and utilities;relationship ofthesite to_the location ofthe Sea Level Rise Constraint District,flood boundary; floodwayLand the_existing and_EfOEOsed flood control measures.and improvements. b.Cros^-sections and profile ofthe area and the reeulatorv SLRFE elevations and profile based on elevation reference marks on flood maps. c.Flood study and drainage reDOrt in areas where studv and report have not been reviewed and accepted by the Countr, d.Description ofsurrounding properties and existine structures and uses and the_effect of the_refiulatory flood on them^aysed by the determination of exemption. e.An agreement,executed by the property owner,that a covenant will be inserted in the deed and other convevance documents ofthe Dropertv and 11 filed with the Bureau ofConveyances ofthe State of_Hawai'i stating that the property is located in the Sea Level Rise Constraint District and is subiect to floodina and flood damage:that a determination ofexemption to construct a structure below the SLRFE may result in increased flood risks to life and property;thatthe property owners will not file anv lawsuit or action against the Countv for costs or damages or any claim;that the property owners will indemnify and hold harmless the Countv from liabilitv when such loss,damage,iniury,or death resylts due to the determination ofexemption and flooding_of the pro^erty;and that uoon approval ofthe determination ofexemption,the covenants shall be fully executedand prooj.offilinB with the Bureau ofConvevances shall be submitted to the County Engineer prior to the issuance of a buiLdjng icrmit. f.Such other infonnation as may be relevant and requested by the_Planning DirectoiLand the C^unty Ensineer. SECTION3.Severability Clause.If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application,and to this end,the provisions ofthis Ordinance are severable. SECTION 4.Material to be repealed is bracketed.New material is underscored.When revising,compiling,or printing this Ordinance for inclusion in the Kaua'i County Code 1987,as amended,the brackets,bracketed material,and underscoring need not be included. SECTION 5.This Ordinance shall take effect upon its approval. Introduced by: DATE OF INTRODUCTION: 12 COUNTY OF KAUA‘I PLANNING DEPARTMENT Ka‘āina S. Hull Director of Planning Jodi A. Higuchi Sayegusa Deputy Director of Planning DIRECTOR’S REPORT I. SUMMARY Action Required by Planning Commission: Consideration of a Bill for an Ordinance Amending Chapter 8, Kaua‘i County Code 1987, as amended, relating to the Comprehensive Zoning Ordinance (CZO). Permit Application Nos. Zoning Amendment ZA-2022-9 Name of Applicant(s) COUNTY OF KAUA‘I, PLANNING DEPARTMENT II. PERMIT INFORMATION AMENDMENTS Zoning Amendment Pursuant to KCC Section 8-3.4(a), as amended, a Zoning Amendment is necessary when changing the text whenever the public necessity and convenience and the general welfare require an amendment. General Plan Amendment Community Plan Amendment State Land Use District Amendment III. LEGAL REQUIREMENTS KCC Section 8-3.4 Public Hearing Date: July 12, 2022 Date of Publication: June 10, 2022 Date of Director’s Report: July 12, 2022 2 | Page ZA-2022-9 Director’s Report County of Kaua‘i, Planning Department July 21, 2022 IV. DESCRIPTION OF THE AMENDMENT The West Kauaʻi Plantation Camp Form-Based Code (FBC) guides development in a manner consistent with the goals of the West Kauaʻi Community Plan and County of Kauaʻi General Plan. This Form-Based Code provides a regulatory framework to maintain the region’s existing plantation camps—Kamaukani Avenue and Kamaukani Camp. The code is guided by policy which supports preservation of the historic camps while also allowing limited infill development and housing expansion. The intent is that Plantation Camps should remain compact and walkable with well-defined borders and small cottages, surrounded by working agricultural fields and activity. The intent of the code would: 1. Promote, preserve, and enhance existing community design and development patterns that reflect the distinct character of West Kauaʻi’s historic plantation camps; 2. Promote and maintain affordable housing stock, especially for agricultural workers or those with familial connections to the agriculture industry; and 3. Encourage appropriately scaled infill development that is located within or near the historic confines of the camps. The proposed legislation (see Exhibit A) is being initiated by the County of Kaua‘i Planning Department, and would amend Section 10-3, Kaua‘i County Code 1987 as amended by introducing a new Special Planning Area “O” (SPA-O), which shall also be known as the “Kaumakani Plantation Camp Walkable Mixed Use District.” The Special Planning Area would be adopted with two new maps, ZM-KV-100 and ZM-KA-100 and adopted within the West Kaua‘i Community Plan. The corresponding design standards in text format shall be adopted within the West Kaua‘i Community Plan as attached in Exhibit A. V. AMENDMENT JUSTIFICATION Form-Based Code is an alternative development regime that encourages the development of communities with a focus on “building form and character” as opposed to development models that focus on the separation of uses. The development of Form-Based Codes includes the process of inventorying and identifying unique or historical characteristics that define our towns and villages. Form-Based Codes follow a rural to urban transect model, that progressively experience greater density in line with desired development outcomes. Typically, the model transect is divided into six transect zones or T-zones: Natural (T1), Rural (T2), Sub-Urban (T3), General Urban (T4), Urban Center (T5), and Urban Core (T6). Kaua‘i only has four transects (T1-T4). The Plantation Camp Transect is considered a special district due to its unique pattern. The transects within the Kaumakani Village and Kaumakani Avenue are T3 Kaumakani Village (T3KV-PC), T3 Kaumakani Village Flex (T3KVF-PC), T4 Kaumakani Village 3 | Page ZA-2022-9 Director’s Report County of Kaua‘i, Planning Department July 21, 2022 Commercial (T4KVC-PC), T3 Kaumakani Avenue (T3KA-PC), T3 Kaumakani Avenue Flex (T3KAF-PC), and T3 Kaumakani Avenue Administrative (T3KAA-PC). The Plantation Camp Transects each reinforce and maintains the built environment. Form-Based Codes have been adopted to serve a variety of purposes including historic preservation, economic development, sustainability, affordable housing, and general planning. Form-Based Code incorporates detailed regulations specific to building types, street standards and civic space that are sensitive to the surrounding local character. The regulations set forth in the Form-Base Code helps maintain the unique characteristics of specific towns such as Kaumakani Village and Kaumakani Avenue. Creating design standards specific to these areas ensure the history and culture is apart of the future. In the Plantation Camp Form Base Code, the type of roof pitches, materials, building massing, building types, frontages, setbacks, and wings, are regulated to reinforce existing character and to create new, compatible neighborhoods in Kaumakani Village and Kaumakani Avenue. For instance, the building type regulations in T3 Kaumakani Village (T3KV-PC) captures the form and characteristics of the historical cottages. Crafting regulations that require unique features such as double hung windows, 5:12 roof pitches, carports, wood-based material, and height of the wall ensures that new cottages or reconstructed cottages will maintain the same look and feel of the surrounding cottages. Figure 1: Example of applying the T3 Kaumakani Village (T3KV-PC) regulations. 4 | Page ZA-2022-9 Director’s Report County of Kaua‘i, Planning Department July 21, 2022 Figure 2, 3, 4: Pictures of Kaumakani Village Cottages Form-Based Code differs from the existing use-base code requirements in the Comprehensive Zoning Ordinance in that the primary emphasis is on building and streetscape “form”, the importance of how the proposed development is integrated with the existing town character. This is a more comprehensive approach that require stricter regulation of building types, street design, and civic space requirements. These standards are crafted to regulate the specific and desired qualities of areas identified through the data collection process. While Form-Base Code seeks to maintain the form and character of the surrounding area, it allows flexibility with some of the uses to create a mixed-use environment where people can live, work, and interact. During the Plantation Era, migrant workers lived in plantation camps near or adjacent to the sugar mills and cane fields. While the sugar mills are no longer in operation, many families continue to live in the Plantation Camps and work for Gay & Robinson (G&R) in the administrative office and agricultural fields. The T3 Kaumakani Avenue Administration (T3KAA-PC) transect has regulations which would keep the form and character of existing buildings but allow the building to be used for different purposes. The County of Kaua‘i has adopted two Form-Based Codes tailored to preserve the unique and localized characteristics of South Kaua‘i and West Kaua‘i. During the South Kaua‘i and West Kaua‘i Community planning efforts, the community sought to preserve and revitalize their town cores. Form-Base Codes were ideally suited to meet this community goal. Since the adoption of the South Kaua‘i and West Kaua‘i Form-Based Codes the Planning Department and the respective communities are now seeing the value of these development standards. Consistent with the West Kauai towns of Waimea, Kekaha, ‘Ele‘ele, and Hanapēpē, the Plantation Camps support unique town and village features that can benefit from the establishment of a Form-Based Code. The Plantation Camp Form-Based Code is a tool that 5 | Page ZA-2022-9 Director’s Report County of Kaua‘i, Planning Department July 21, 2022 seeks to maintain the existing character of the Plantation Camps while simultaneously establishing design guidelines that inform buildout scenarios. In addition to guiding the rehabilitation of existing homes, the Plantation Camps contain vacant spaces that would be desirable for infill development within the boundaries of the existing State Land Use Urban District. 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 Zoning Ordinance (CZO) The proposed amendment is to be evaluated pursuant to Section 8-3.4(d) of the CZO, Kaua‘i County Code (KCC), as amended. The section, reads: “(d) Consideration. In considering an amendment, the Planning Commission shall consider the purposes of the existing and proposed changes to the Zoning Ordinance. A change in the Zoning Map or text shall not be made unless the change will further the public necessity and convenience and the general welfare.” As Previously mentioned, the intent of the amendment is to amend the West Kaua‘i Community Plan to add Special Planning Area “O” (SPA-O), which shall be referred to as the “Kaumakani Plantation Camp Walkable Mixed Use District.” Amending the code to include Special Planning Area “O” would further accommodate public necessity and for 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 Plan. A. Section 1.4, entitled “Policies to Guide Growth” i. Policy #1: “Manage Growth to Preserve Rural Character” The new design standards that correspond with Special Planning 6 | Page ZA-2022-9 Director’s Report County of Kaua‘i, Planning Department July 21, 2022 Area “O” will ensure the rural characteristics of our communities are maintained through the preservation of the Plantation Camp’s building form and characteristics. ii. Policy #2: Provide Affordable Housing While Facilitating a Diversity of Privately-Developed Housing for Local Families According to the General Plan, Communities that cater to a high-end market, resulting in enclaves of similar household incomes and housing types, are no longer acceptable. The design standards that correspond with Special Planning Area “O” limit development to building standards that cater to and support the local housing market. These design standards will provide an opportunity to create housing for local families. iii. Policy #3: Recognize the Identity of Kaua‘i’s individual Towns and Districts Policy #3 of the General Plan states that Kauai’s towns and planning districts are distinct, each with its own character, opportunities, and needs. The design standards outlined for Kaumakani Camp and Kaumakani Avenue acknowledge the characteristics and features that generate the unique community identity of the Plantation Camps. B. Section 3.0 Actions by Sector, Subsection Sector VII, entitled “Heritage Resources” states for code changes: i. Update and create Special Planning Areas in towns to ensure new development and redevelopment of existing sites or structures is done in a “historically sensitive” manner. The proposed Plantation Camp Form-Based Code implements these exact code changes recommended by the General Plan creating design standards to preserve the historic character of Kaumakani Village and Kaumakani Avenue. 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 Zoning Amendment ZA-2022-9 be APPROVED. By SA^&LO.ff&ic^ctcit^- SHELEA BLACKSTAD Planner Approved &Recommended to Commission: By /^•\•^s Date: KAAINA HULL Director ofPlanning .6/30/2022 ZA-2022-9 Director's RepoU County ofKaua'i,Planning Department July21,2022 7|Page ZA-2022-9 Plantation Camp Directors Report FINAL 06.29.2022 Final Audit Report 2022-06-30 Created:2022-06-30 By:Shelea Blackstad (sblackstad@kauai.gov) Status:Signed Transaction ID:CBJCHBCAABAA3Cchwr5Z-91p9SkjpNKby-OOkTsKak3B "ZA-2022-9 Plantation Camp Directors Report FINAL 06.29.202 2"History t_]Document created by Shelea Blackstad (sblackstad@kauai.gov) 2022-06-30 -9:02:35 PM GMT-IP address;64.128.3.74 '-'Document emailed to Kaaina hlull (khull@kauai.gov)for signature 2022-06-30 -9:04:33 PM GMT Q Email viewed by Kaaina Hull (khull@kauai.gov) 2022-06-30 -9:33:25 PM SMT-IP address:72.130.84.211 cig Document e-signed by Kaaina Hull (khull@kauai.gov) Signature Date:2022-06-30 -10:27:54 PM GMT -Time Souree:server'IP address:64.128.3.74 O Agreement completed. 2022-06-30 -10:27:54 PM GMT Adobe Acrobat Sign EXHIBIT “A” (Draft Ordinance) ORDINANCE NO. ____________ BILL NO. ________ A BILL FOR AN ORDINANCE AMENDING CHAPTER 10 ARTICLE 6, KAUA‘I COUNTY CODE 1987, AS AMENDED, RELATING TO THE WEST KAUAI COMMUNITY PLAN (County of Kaua‘i Planning Department, Applicant) BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA‘I, STATE OF HAWAI‘I: SECTION 1. Findings and Purpose. The Kaumakani Plantation Camp areas maintains a unique sense of identity and has features and qualities that should be preserved. There are also vacant areas adjacent to these communities that are within the State Land Use Urban District and the Plantation Camp Zoning District that could be further developed. SECTION 2. The purpose of this ordinance is to utilize Form Based Code to maintain the unique historical character of Kaumakani’s built environment while also allowing additional housing and limited commercial development on the vacant areas of the Kaumakani Camp and Kaumakani Avenue areas in manner that reinforces and maintains the patter of the associated neighborhood. Form Based Code is currently used as a zoning overlay in the town cores of West Kaua‘i. SECTION 3. Section 10-3, Kaua‘i County Code 1987, as amended, is hereby amended to add a Special Planning Area “O” (SPA-O), which shall also be known as the “Kaumakani Plantation Camp Walkable Mixed Use District”. The Special Planning Area shall be adopted with two new maps ZM-KV-100 (Kaumakani Village) and ZM-KA-100 (Kaumakani Avenue) and adopted within the West Kaua‘i Community Plan as attached in Exhibit 1. The corresponding design standards in text format shall be adopted within the West Kaua‘i Community Plan as attached in Exhibit 2. SECTION 4. The West Kaua‘i Community Plan is hereby amended to adopt a Kaumakani Plantation Camp Walkable Mixed Use District map and design standards through Appendix D. SECTION 5. The Planning Department is directed to note the change on the official Zoning Map on file with the Commission. SECTION 6. The content of Chapter 10, Article 3, West Kaua‘i Community Plan Implementing Ordinance, Kaua‘i County Code, as amended is amended as follows: Section 10-3.1 Title and Purpose. (a) This Article shall be known and may be cited as the “West Kaua‘i Community Plan Implementing Ordinance.” It is adopted: (1) To provide design and development standards in order to implement the detailed planning goals and objectives for the West Kaua‘i Planning District; (2) To establish special planning areas, future growth areas, land uses, and development and design standards to guide and regulate future development; (3) To protect certain physical characteristics found to be of particular public value, as provided in Chapter 8, Article 11, Section 6, Kaua‘i County Code 1987, as amended (Special Planning Areas); and (4) Establish exceptions, modifications, or additions to the provisions of Chapter 8, Kaua‘i County Code 1987, as amended (Comprehensive Zoning Ordinance) and Chapter 9, Kaua‘i County Code 1987, as amended (Subdivision Ordinance) in order to more specifically provide for the regulation of land use, subdivision, and development practices within the West Kaua‘i Planning District. (b) Nature of the West Kaua‘i Community Plan Ordinance. This Article provides the necessary framework and guidelines to direct future development and capital improvements in the West Kaua‘i area, whose boundary is described in the report entitled “West Kaua‘i Community Plan.” Additionally, this Article supplements Chapter 8, Kaua‘i County Code 1987, as amended (Comprehensive Zoning Ordinance) and Chapter 9, Kaua‘i County Code 1987, as amended (Subdivision Ordinance) by regulating use and development standards within the West Kaua‘i Special Planning Areas, as identified in the zoning maps attached to Ordinance No. 1083, and on file with the Planning Department, County of Kaua‘i. (c) The guidelines of this Article are based on the report entitled “West Kaua‘i Community Plan” (Planning Commission draft approved in 2020, as amended by the Kaua‘i County Council in 2020, and as may be subsequently amended), a booklet whose major components include: (1) Regional and town plan maps; (2) Policies for the West Kaua‘i region as a whole; (3) Goals and objectives for Kekaha, Waimea, Hanapēpē, ‘Ele‘ele, Port Allen, Kaumakani, Pākalā Village, Numila, and other areas; and (4) Appendices. (Ord. No. 1083, December 3, 2020) Section 10-3.2 Vision and Goals. The vision and goals for the region referred to in this Article, which shall be known as the West Kaua‘i Planning District, and its communities are described in the report entitled “West Kaua‘i Community Plan.” (Ord. No. 1083, December 3, 2020) Section 10-3.3 Application of Regulations. (a) The West Kaua‘i Form-Based Code, attached as Appendix “C” to the West Kaua‘i Community Plan, is by reference incorporated herein and made a part hereof. The provisions of the West Kaua‘i Form-Based Code shall apply to all new development located within the Special Planning Areas, as identified in the zoning maps [attached to Ordinance No. 1083], and on file with the Planning Department, County of Kaua‘i. (b) The regulations and procedures established in Chapter 8, Kaua‘i County Code 1987, as amended (Comprehensive Zoning Ordinance) shall apply within the Special Planning Areas of the West Kaua‘i Planning District, except to the extent that such regulations or procedures are changed or modified by the provisions of the West Kaua‘i Form-Based Code. When the provisions of this Article differ with respect to the provisions of Chapter 8, Kaua‘i County Code 1987, as amended (Comprehensive Zoning Ordinance) and Chapter 9, Kaua‘i County Code 1987, as amended (Subdivision Ordinance), the West Kaua‘i Form-Based Code shall supersede such provisions as provided in Chapter 8, Article 11, Kaua‘i County Code 1987, as amended (Special Treatment Districts (ST)). (Ord. No. 1083, December 3, 2020) Section 10-3.4 Existing Conditions. (a) This Article does not mandate the immediate modification of structures and uses lawfully in existence upon the enactment of this Article. (b) The requirements of this Article will not be triggered by routine maintenance not requiring a zoning permit. (c) Existing Buildings and Structures. Buildings and structures lawfully in existence upon the enactment of this Article that do not conform to the provisions of this Article are subject to the requirements of Chapter 8, Article 13, Section 1, Kaua‘i County Code 1987, as amended (Nonconforming Buildings and Structures). (d) Existing Uses. Uses lawfully in existence upon the enactment of this Article that are not consistent with the Special Planning Areas will be allowed to continue on the parcel of record as provided in Chapter 8, Article 13, Section 2, Kaua‘i County Code 1987, as amended (Nonconforming Uses). (Ord. No. 1083, December 3, 2020) Section 10-3.5 Special Planning Areas, Designations, and Procedures. (a) Designation of Special Planning Areas “K,” “L,” “M,” [and] “N[.]”, and “O.” The boundaries of the following form-based code districts are hereby adopted as described in the West Kaua‘i Form-Based Code, attached as Appendix “C” and Appendix “D” to the West Kaua‘i Community Plan, and shall be referred to as follows: (1) Special Planning Area “K,” which shall also be known as the “Kekaha Town Walkable Mixed Use District” and be designated as “SPA-K” as shown on the zoning map attached to Ordinance No. 1083 as Exhibit 1, and on file with the Planning Department, County of Kaua‘i. (2) Special Planning Area “L,” which shall also be known as the “Waimea Town Walkable Mixed Use District” and be designated as “SPA-L” as shown on the zoning map attached to Ordinance No. 1083 as Exhibit 2, and on file with the Planning Department, County of Kaua‘i. (3) Special Planning Area “M,” which shall also be known as the “Hanapēpē Town Walkable Mixed Use District” and be designated as “SPA-M” as shown on the zoning map attached to Ordinance No. 1083 as Exhibit 3, and on file with the Planning Department, County of Kaua‘i. (4) Special Planning Area “N,” which shall also be known as the “‘Ele‘ele-Port Allen Walkable Mixed Use District” and be designated as “SPA-N” as shown on the zoning map attached to Ordinance No. 1083 as Exhibit 4, and on file with the Planning Department, County of Kaua‘i. (5) Special Planning Area “O,” which shall also be know as the “Kaumakani Plantation Camp Walkable Mixed Use District” and designated “SPA-O” as shown on the zoning maps attached as Ordinance No. XXX as Exhibit 1, and on file with the Planning Department, County of Kaua‘i. (b) Designation of Zoning Maps. In order to carry out the purpose of this Article, the zoning maps ZM-K100 (Kekaha), ZM-W100 (Waimea), and ZM-H200 (Hanapēpē) of Chapter 8, Kaua‘i County Code 1987, as amended (Comprehensive Zoning Ordinance), are hereby amended. Zoning Map ZM-KV-100 (Kaumakani Village) and ZM-KA-100 (Kaumakani Avenue) is hereby adopted. (Ord. No. 1083, December 3, 2020) Section 10-3.6 Implementation of the West Kaua‘i Community Plan. The West Kaua‘i Community Plan shall serve as a guide for all development within the West Kaua‘i area. (Ord. No. 1083, December 3, 2020) SECTION 7. Severability Clause. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. SECTION 8. Material to be repealed is bracketed. New material is underscored. When revising, compiling, or printing this Ordinance for inclusion in the Kaua‘i County Code 1987, as amended, the brackets, bracketed material, and underscoring need not be included. SECTION 9. This Ordinance shall take effect upon its approval. Introduced by: DATE OF INTRODUCTION: EXHIBIT “1” (ZM-KV-100 and ZM-KA-100) EXHIBIT “2” (Plantation Camp Form-Based Code) Plantation Camp Form-Based Code Planning Commission Draft –June 2022 Prepared For The County of Kauaʻi Prepared by the County of Kauaʻi in Partnership with Opticos Design Sub-Article 1.1: Purpose 5-8 1.1.010 Purpose and Intent 5 1.1.020 Using Zoning to Reinforce West Kauaʻi’s Places 5 1.1.030 Plantation Camp Place Type 6 1.1.040 The West Kauai Plantation Camp Transect 7-8 1.1.050 Lack of Lot Lines 8 Sub-Article 1.2: Transect Maps 9-11 1.2.010 Transect Maps 9-11 Table of Contents Article 1: Introduction Article 2: Transect Descriptions and Building Types Plantation Camp Form-Based Code 2 Sub-Article 2.1: Plantation Camp Transect Zone Descriptions 12-26 2.1.010 T3 Kaumakani Village –Plantation Camp (T3KV-PC)13-15 2.1.020 T3 Kaumakani Village Flex –Plantation Camp (T3KVF-PC)16-17 2.1.030 T4 Kaumakani Village Commercial –Plantation Camp (T4KVC-PC)18-20 2.1.040 T3 Kaumakani Avenue –Plantation Camp (T3KA-PC) 21-22 2.1.050 T3 Kaumakani Avenue Flex –Plantation Camp (T3KAF-PC)23-24 2.1.060 T3 Kaumakani Avenue Administration –Plantation Camp (T3KAA-PC)25-26 Sub-Article 2.2: Plantation Camp Building Types 27-37 2.2.010 Kaumakani Village Cottage 28 2.2.020 House Village 29 2.2.030 House Cottage 30 2.2.040 Duplex 31 2.2.050 Multiplex Small 32 2.2.060 Multiplex Large 33 2.2.070 Main Street Mixed Use 34 2.2.080 Kaumakani Avenue Cottage 35 2.2.090 Kaumakani Avenue Administrative Building 36 2.2.100 Dormitory 37 Sub-Article 2.3: Kaumakani Village Building Type Frontages 38-41 2.3.010 Front Yard 39 2.3.020 Lānai, Projecting 39 2.3.030 Lānai, Engaged 40 2.3.040 Stoop 40 2.3.050 Shopfront 41 Article 5: Definitions Sub-Article 5.1: Definitions of Terms and Phrases 54-56 5.1.010 Definitions 54-56 Plantation Camp Form-Based Code Article 3 3 Sub-Article 3.1: Thoroughfare Standards 42-43 3.1.010 Purpose 43 3.1.020 Applicability 43 3.1.030 Standards 43 Sub-Article 3.2: Civic Space Standards 44-47 3.2.010 Purpose 44 3.2.020 Standards 44 3.2.030 Civic Spaces 44-45 3.2.040 Civic Space Type Standards 44-47 Article 3: Neighborhood Standards Article 4: Administration and Procedures Sub-Article 4.1: Purpose and Applicability 48-53 4.1.010 Purpose 49 4.1.020 Applicability 49 4.1.030 Review Authority 49 4.1.040 Concurrent Processing 50 4.1.050 Rules of Interpretation 50 Sub-Article 4.2: Permits and Approvals 51-52 4.2.010 Zoning Permits 51-52 4.2.020 Use Permits 52 4.2.030 Variance 52 Sub-Article 5.3: Administration and Enforcement 53 4.3.010 Amendments 53 4.3.020 Non-Conforming Provisions 53 4.3.030 Appeals 53 4.3.040 Fee Exemptions 53 Article 1: Introduction Plantation Camp Form-Based Code 4 Sub-Article 1.1: Purpose 4-8 1.1.010 Purpose and Intent 5 1.1.020 Using Zoning to Reinforce West Kauaʻi’s Places 5 1.1.030 Plantation Camp Place Type 6 1.1.040 The West Kauai Plantation Camp Transect 7-8 1.1.050 Lack of Lot Lines 8 Sub-Article 1.2: Transect Maps 10-11 1.2.010 Transect Maps 10-11 1.1.010 Purpose and Intent The West Kauaʻi Plantation Camp Form-Based Code (FBC) guides development in a manner consistent with the goals of the West Kauaʻi Community Plan and County of Kauaʻi General Plan. This Form-Based Code provides a regulatory framework to maintain the region’s existing plantation camps—Kamaukani Avenue and Kamaukani Village. The code is guided by policy which supports preservation of the historic camps while also allowing limited infill development and housing expansion. The intent is that Plantation Camps should remain compact and walkable with well-defined borders and small cottages, surrounded by working agricultural fields and activity. The code: A.Promotes, preserves, and enhances existing community design and development patterns that reflect the distinct character of West Kauaʻi’s historic plantation camps; B.Promotes and maintains affordable housing stock, especially for agricultural workers or those with familial connections to the agriculture industry; C.Encourages appropriately scaled infill development that is located within or near the historic confines of the camps. 1.1.020 Using Zoning to Reinforce West Kauaʻi's Places The Plantation Camp Form-Based Code is a tool that implements County policy to enhance and revitalize plantation camps. The 2018 General Plan identifies place types to describe where certain types and intensities of development are appropriate on Kauaʻi. Place types also support the “pedestrian shed” or neighborhood, which is the fundamental building block of communities. Pedestrian sheds include spaces for living, working, and recreation that are typically within a 5-to-10 minute walk of each other. In addition to supporting and strengthening the pedestrian shed, the West Kauaʻi Plantation Camp Form-Based Code emphasizes the physical form and character over the separation of use. This provides an alternative approach to Euclidean zoning, which is the type of zoning in the CZO (Kauaʻi County Code 1987, as amended, Chapter 8).Kauaʻi has five distinct place types based on historic settlement patterns. They include the following: A.Rural crossroads; B.Plantation camps; C.Small village; D.Large village; E.Town. Sub-Article 1.1 Purpose Plantation Camp Form-Based Code 5 Plantation Camp Place Type During the Plantation era, workers lived in plantation camps located near or adjacent to the sugar mills and cane fields. These camps were built to a pedestrian-oriented scale that made it possible to traverse by foot to work and services. The fields that surrounded the towns provided a de facto greenbelt. The relationship between the plantation camps and agricultural lands reinforced the region’s rural identity. Even with the rise of the automobile and the trend of suburban development patterns, the legacy of these camps remains in West Kauaʻi. The 2018 General Plan identifies existing plantation camps in the Future Land Use Map. The Plantation Camp is defined as a historic remnant of former plantation housing that is not connected to an existing town and is surrounded by the agricultural district. It should be noted that some plantation camps were demolished and have since reverted to agricultural uses. Today’s remaining plantation camps are clusters of houses with little or no retail or public facilities. Five plantation camps are designated in the General Plan and include Numila, Kaumakani Village, Kaumakani Avenue, Kaʻawanui Camp, and Pakala Camp. Plantation camps are important vestiges of Kauaʻi’s sugar plantation history. Each camp maintains a unique sense of identity and has features and qualities that its residents would like to see preserved. Until recently, the County zoning for these areas was “Agriculture”. The 2021 West Kauaʻi Community Plan (WKCP) updated the County zoning for those plantation camps with in the SLUD-Urban District, which include Kaumakani Village, Kaumakani Avenue, and Pakala Camp. Two new zoning districts were created in the WKCP: Plantation Camp District and Special Treatment –Coastal Edge District.The West Kauaʻi Plantation Camp Form-Based Code is a zoning overlay on the Plantation Camp District in Kaumakani Village and Kaumakani Avenue. Kaumakani Village: Kaumakani Village was developed in 1946 by the Olokele Sugar Company to house agricultural workers. The village included small-footprint single family residences, community garages, a church, stores, civic spaces, and a power station.The camp is laid out in a grid pattern with regular-sized blocks. The village replaced a nearby plantation camp that was subsequently demolished. The existing homes remain good examples of plantation architecture from the 20th century. Kaumakani Avenue: Kaumakani Avenue was developed in the late 19th century. A social hall, hospital, store, and post office lined the street, along with housing for administrative staff. The Olokele Mill is located at the bottom of the Avenue. Historically, Kaumakani Avenue was the center of the region’s plantation activity. The community today, apart from the main office, is predominantly residential. It is one of few tree-lined avenues on Kauaʻi and is shaded by mature royal poinciana and monkey pod trees. Homes along the avenue are set back from the street by open lawns. On a parallel side street to the east sit thirteen houses. Historically, a similar number of homes (now demolished) also lined a parallel street to the west. 1.1.030 1.1 Plantation Camp Form-Based Code 6 The West Kauai Plantation Camp Transect The Rural-to-Urban Transect is the organizing principle used in form-based code that establishes a hierarchy from rural to urban. This hierarchy of places is the framework for the County’s form-based codes, replacing use as the organizing principle. The traditional Hawaiian ahupuaʻa has parallels with the Rural-to-Urban Transect, as land use intensity was historically related to the location of the land within the watershed (i.e., mauka areas were typically forested and sparsely populated, while lowland makai areas were used for cultivation and habitation). Typically, the model transect is divided into six transect zones or T-zones: Natural (T1), Rural (T2), Sub-Urban (T3), General Urban (T4), Urban Center (T5), and Urban Core (T6). Kauaʻi only has four transects (T1 to T4). However, the West Kauaʻi Plantation Camp Transect is considered a special district due to its unique pattern. The West Kauaʻi Plantation Camp Form-Based Code uses transect zones to reinforce existing character and to create new, compatible neighborhoods. The designation of each zone within a transect is determined by the character and form, development intensity, and place type. Transect zone standards provide a method for differentiating the character of various areas within each community. The zones are primarily classified by the community’s grid pattern, the physical intensity of the built form, and the historic nature of the buildings in each area. Each zone designates a unique area within one of the two distinct communities. They are Kaumakani Village and Kaumakani Avenue. The West Kauai Plantation Camp Transect Zones: A.T3 Kaumakani Village –Plantation Camp (T3KV-PC).This Zone reinforces and maintains the pattern of the established neighborhood with tight massing (building separation), small setbacks and historic buildings. The Kaumakani cottage building type is defined by its height, small Lānai /carport, small footprint, and roof pitch and style. B.T3 Kaumakani Village Flex –Plantation Camp (T3KVF-PC).This Zone supports a limited amount of new development that is compatible with the historic neighborhood. New development will provide a transition between the existing rows of Kaumakani cottages and new multifamily, two-story buildings.This will integrate compatible, medium-density residential building types such as a multiplex. C.T4 Kaumakani Village Commercial –Plantation Camp (T4KVC-PC).This Zone integrates appropriate commercial, retail, and service uses with civic space. D.T3 Kaumakani Avenue –Plantation Camp (T3KA-PC).This Zone preserves the existing and historic residential single-family building types (Avenue Cottage) and the distinct character of the tree-lined avenue with spacious setbacks. Minor infill development is anticipated on previously occupied but vacant areas. The Avenue cottage building type is defined by its height, roof pitch and style. 1.1.040 1.1 Plantation Camp Form-Based Code 7 The West Kauai Plantation Camp Transect E.T3 Kaumakani Avenue Flex –Plantation Camp (T3KAF-PC).This Zone supports development at the same intensity of the surrounding neighborhood, which also includes vacant areas that were previously developed. F.T3 Kaumakani Avenue Administration –Plantation Camp (T3KAA-PC).This Zone maintains the historical pattern and intensity of the Kaumakani Avenue Administrative Office area while allowing new construction to occur on the site that was previously demolished. Lack of Lot Lines Design standards for form-based codes generally promote and facilitate orientation of structures to public roads and civic spaces that facilitate an interface between the private and the public realm. In particular, form-based codes rely on setbacks and build-to-lines in relation to lot lines to orient proposed structures with public areas. Unique to the subject Plantation Camp Form Based Code Transects is that they overlay one large single lot of record. The subject Plantation Camp Transects and their corresponding dwellings and structures are not separated by individual lot lines. Without individual lot lines, the subject Code utilizes building- to-building and building-to-thoroughfare standards to establish the interface between the private and public realm. This approach is unique but necessary to achieve a high-quality public realm inherent within the existing plantation camp environment. 1.1.040 1.1 Plantation Camp Form-Based Code 8 1.1.050 Sub-Article 1.2 Transect Maps 1.2.010 Transect Maps The transect zones established in this Article are mapped on the Transect Maps on the following pages: Plantation Camp Form-Based Code 9 Figure 1.2.010 Kaumakani Village Transect Map 1.2 Plantation Camp Form-Based Code 10 Figure 1.2.020 Kaumakani Avenue Transect Map 1.2 Plantation Camp Form-Based Code 11 T3KAF Article 2: Transect Descriptions and Building Types Plantation Camp Form-Based Code 12 Sub-Article 2.1: Plantation Camp Transect Zone Descriptions 12-26 2.1.010 T3 Kaumakani Village –Plantation Camp (T3KV-PC)13-15 2.1.020 T3 Kaumakani Village Flex –Plantation Camp (T3KVF-PC)16-17 2.1.030 T4 Kaumakani Village Commercial –Plantation Camp (T4KVC-PC)18-20 2.1.040 T3 Kaumakani Avenue –Plantation Camp (T3KA-PC) 21-22 2.1.050 T3 Kaumakani Avenue Flex –Plantation Camp (T3KAF-PC)23-24 2.1.060 T3 Kaumakani Avenue Administration –Plantation Camp (T3KAA-PC)25-26 2.1.010 2.1.010 T3 Kaumakani Village -Plantation Camp (T3KV-PC) General note: the illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature. A. Transect Zone Intent and Description B. Building Types (Choose one.) 1. Permissible Building Types Standards Kaumakani Cottage,Vertical 2.2.010 Kaumakani Cottage,Horizontal 2.2.010 This transect zone maintains the historical pattern and intensity of the Kaumakani Village while allowing new construction to occur on sites that were previously demolished. C. Use Table Residential Uses Permitted Use Home Businesses Permitted Use a.Residential use within the Kaumakani Cottage building type is the only permissible use within this transect. Home businesses are a permissible residential use within a Kaumakani Cottage. All other uses are prohibited. Plantation Camp Form-Based Code 13 With the exception of accessory structures, all other building types are prohibited. 2.1.010 T3 Kaumakani Village -Plantation Camp (T3KV-PC) D. Building Placement Kaumakani Village Cottage: Vertical Orientation FrontFront CottagesideCar Port sideRearRear 44 ft. min. to 55 ft. max. Cottage Body Cottage Body Front Rear 10 ft. Cottage Body Front Rear 44 ft. min. to 55 ft. max. Cottage Body Kaumakani Village Cottage: Horizontal Orientation 17 ft. Front CottagesideCar Port sideRear Cottage Body SideRear FrontSideCottage Body 17 ft. Front CottagesideCar Port sideRear Cottage Body 17 ft.SideRear FrontSideCottage Body CottagesideCar Port sideCottagesideCar Port sideCottagesideCar Port side1. Front Thoroughfare Setbacks •The Kaumakani Cottage front shall be set to align with the facade of the body of the front most immediately adjacent cottage’s front. •Frontages on a Kaumakani Cottage, Horizontal may encroach up to the front thoroughfare. •When a Cottage is proposed adjacent to more than one thoroughfare the Director shall determine the respective front and side thoroughfares. D. Building Placement (continued) Thoroughfare Plantation Camp Form-Based Code 14 Vertical Cottage Vertical Cottage Vertical Cottage Vertical Cottage Vertical Cottage Vertical Cottage Horizontal Cottage Horizontal Cottage Thoroughfare 2. Side Thoroughfare Setbacks •A Kaumakani Cottage’s side abutting a side thoroughfare shall be set to align with the most immediately adjacent cottage’s side that also abuts the side thoroughfare. •When a Cottage is proposed adjacent to more than one thoroughfare the Director shall determine the respective front and side thoroughfares. 3. Building-to-Building Setbacks Horizontal-to-Horizontal Cottage Orientation •A Horizontal Cottage’s side walls shall be setback 17 feet minimum from an adjacent Horizontal Cottage’s side walls. F. Building Form 1. Height E. Accessory Structures •Non-habitable accessory structures do not require a building type and shall be located behind the rear of the Kaumakani Cottage body or Lānai Carport. •Accessory structures are allowed throughout this transect. •Accessory structures shall not exceed 200 square feet in size. •Accessory structures shall be limited to no more than two per cottage. •All structures shall have a maximum height limit of nine feet from the finished floor to the top of wall plate. Up to four additional feet is provided to elevate the structure on post-on- pier. •Finished grade at main entry shall not be greater than four feet above existing grade. 2. Roof Pitch Cottage •Roof pitch lines shall be set at a 5:12 ratio. •Gable roofs are the only permissible roof type. Accessory Structure •Gable, Hip, hip gablet, flat, and single-sloping shed roofs are permissible roof types. G. Parking 1. Required Spaces •One off-thoroughfare parking stall is required per Cottage. 2. Parking Setback •All off-thoroughfare parking areas shall be setback a minimum of 10 feet to the rear of the respective Cottage’s building front. T3 Kaumakani Village -Plantation Camp (T3KV-PC) 3 .Miscellaneous •Garages and detached carports are prohibited. Plantation Camp Form-Based Code 15 2.1.010 4. Building Placement Notes: •10 feet minimum setback from all structures (i.e., from Cottages or other accessory structures). 3. Building-to-Building Setbacks Vertical-to-Horizontal Cottage Orientation •A Vertical Cottage’s non-carport side wall shall be setback 17 feet minimum from the adjacent Horizontal Cottage’s side wall. •A Vertical Cottage’s Carport side wall shall be setback 17 feet minimum from the adjacent Horizontal Cottage’s side wall. •A Horizontal Cottage’s side wall shall be setback 17 feet minimum from the adjacent Vertical Cottage’s non-carport side wall. •A Horizontal Cottage’s side wall shall be setback 17 feet minimum from the adjacent Vertical Cottage’s carport side wall. Vertical-to-Vertical Cottage Orientation •A Vertical Cottage’s non–carport side shall be setback 10 feet from an adjacent Vertical Cottage’s non-carport side. •A Vertical Cottage’s Carport side shall have a minimum setback of 45 feet or a maximum of 55 feet from an adjacent Vertical Cottage’s Carport Side. •Carports shall encroach into the Cottage’s Carport Side to Cottage’s Carport Side setback. D. Building Placement (continued) 2.1.020 2.1.020 T3 Kaumakani Village Flex -Plantation Camp (T3KVF-PC) A. Transect Zone Intent and Description B. Building Types (Choose one.) Permissible Building Types Standards House Village 2.2.020 House Cottage 2.2.030 This transect zone continues the historical pattern and intensity of the West Kauai communities to allow new construction to occur in the southeast quadrant of Kaumakani Village. Duplex 2.2.040 Multiplex: Small 2.2.050 Kaumakani Cottage, Vertical 2.2.010 Kaumakani Cottage, Horizontal 2.2.010 C. Use Table Residential Uses Permitted Use Home Businesses Permitted Use •Residential use within the above building types is the only permissible use within this transect. Home businesses are a permissible residential use within the above building types. All other uses are prohibited. Plantation Camp Form-Based Code 16 Dormitory 2.2.090 General note: the illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature. •With the exception of accessory structures, all other building types are prohibited. D. Accessory Structures •Non-habitable accessory structures do not require a building type and shall be located behind the rear of the Building, Wings or Lānai Carport. •Accessory structures are allowed throughout this transect. •Accessory structures shall not exceed 200 square feet in size. •Accessory structures shall be limited to no more than two per building. •There shall be a 10 foot minimum setback from all structures (ie from buildings or other accessory structures). 2.1.030 T3 Kaumakani Village Flex -Plantation Camp T3KVF-PC) Plantation Camp Form-Based Code 17 E. Building Form 1. Height •No building shall be greater than two stories in height maximum. •All buildings shall be 30 feet maximum in height from the finished grade to the top of the peak of the roof. Up to four additional feet is provided to elevate the structure on post- on-pier. •Finished grade at main entry shall not be greater than four feet above existing grade. 2. Roof Pitch All Building Types •Roof pitch lines shall be set at a 5:12 ratio. •Hip, Hip Gablet, or Gable roofs are permissible roof types. Flat or Single-Sloping shed roofs are prohibited on Cottages. Accessory Structure •Gable, Hip, Hip Gablet, Flat, and Single-Sloping shed roofs are permissible roof types. 2.1.030 2.1.040 T4 Kaumakani Village Commercial -Plantation Camp (T4KVC-PC) Plantation Camp Form-Based Code 18 A. Transect Zone Intent and Description B. Building Types (Choose one.) Permissible Building Types Standards Multiplex Small 2.2.050 Multiplex Large 2.2.060 This transect zone integrates appropriate commercial, retail, and service uses with civic space. Main Street Mixed Use 2.2.070 General note: the illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature. •With the exception of accessory structures, all other building types are prohibited. 2.1.030 T4 Kaumakani Village Commercial-Plantation Camp (T4KVC-PC) Plantation Camp Form-Based Code 19 C. Use Table Multiple Family Dwelling Units P Accessory Structures P Adult Family Boarding and Family Care Homes P Home Businesses P Dormitories and Boarding Houses P Residential Care Homes P Adult Family Group Living Home P 1. Residential 2. Recreation, Education, & Public Assembly Public and Private Parks P Mortuaries and Crematoriums U Churches, Temples, and Monasteries P Clubs, Lodges, and Community Centers <3,000 square feet P >3,000 square feet U Museums, Libraries, and Public Service and Facilities P School U Day-Care Center P Studio: Dance or Exercise P Theater P 3. Retail Bar U Nightclub U Retail Shops and Stores, except with the following features:P Alcoholic beverage sales P On-site Production of Items Sold >5,000 square feet U Floor Area >10,000 square feet U Restaurants and Food Services P 4. Services Medical and Nursing Facilities P Household Services P Personal Services P Professional Offices P Animal Hospital U 5. Transportation & Infrastructure Private and Public Utilities and Facilities U Transportation Terminals and Docks P 6. Telecommunications Facilities Communication Facilities U 7. Key P Permitted Use U Use Permit Required •Any other unlisted use that the Planning Director finds to be similar in nature to those listed in this Section as requiring a Use Permit may also be allowed with a Use Permit in this Transect Zone. 8. Notes C. Use Table (continued) 2.1.030 T4 Kaumakani Village Commercial-Plantation Camp (T4KVC-PC) Plantation Camp Form-Based Code 20 D. Building Placement 1. Front Setback from Civic Space •There is a 25 foot minimum setback for all structures from the closest civic space. E. Building Form 1. Height •No building shall be greater than two stories in height maximum. •All buildings shall be 35 feet maximum in height from the finished grade to the top of the peak of the roof. Up to four additional feet is provided to elevate the structure on post- on-pier. •Finished grade at main entry shall not be greater than four feet above existing grade. 2. Structure-to-Structure Setback •There is a 10 foot minimum setback between structures. 2. Roof Pitch All Building Types •Roof pitch lines shall be set at a 5:12 ratio. •Gable, Hip, Hip Gablet, Flat, and Single-Sloping shed roofs are permissible roof types. Accessory Structure •Gable, Hip, Hip Gablet, Flat, and Single-Sloping shed roofs are permissible roof types. G. Parking Required Spaces •For residential use, one parking space for each 1,500 square feet of gross floor space. •For all other allowed uses, two parking spaces for each 1,000 square feet of gross floor space. F. Accessory Structures •Non-habitable accessory structures do not require a building type and shall be located behind the rear of the respective building. •Accessory structures are allowed throughout this transect. •Accessory structures shall not exceed 200 square feet in size. •Accessory structures shall be limited to no more than five per building. •There shall be a 10 foot minimum setback from all structures (ie from buildings or other accessory structures). 2.1.040 2.1.040 T3 Kaumakani Avenue -Plantation Camp (T3KA-PC) A. Transect Zone Intent and Description B. Building Types (Choose one.) Permissible Building Types Standards Avenue Cottage 2.2.080 •This transect zone maintains the historical pattern and intensity of the Kaumakani Avenue while allowing new construction to occur on sites that were previously demolished or do not contribute to the historical integrity of the Avenue area. C. Use Table Residential Uses Permitted Use Home Businesses Permitted Use •Residential use within the Avenue Cottage building type is the only permissible use within this transect. Home businesses are a permissible residential use within an Avenue Cottage. All other uses are prohibited. Plantation Camp Form-Based Code 21 General note: the illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature. •With the exception of accessory structures, all other building types are prohibited. E. Building Form 1. Height F. Accessory Structures •Non-habitable accessory structures do not require a building type and shall be located behind the rear of the Kaumakani Avenue Cottage body or Lānai Carport. •Accessory structures are allowed throughout this zone. •Accessory structures shall not exceed 250 square feet in size. •Accessory structures shall be limited to no more than three per Cottage. •There is a 10 foot minimum setback for accessory structures (ie from Cottages or other accessory structures). D. Building Placement 1. Front Thoroughfare Setbacks •The Cottage front shall be set to align with the façade of the body of the front most immediately adjacent Cottage’s front. •Any new Cottage is prohibited from not aligning its front with the façade of the front most immediately adjacent Cottage’s front. 2. Side Thoroughfare Setbacks •The Cottage’s side shall be set to align with the most immediately adjacent Cottage’s side street side. 3. Building-to-Building Setbacks •There is a 40 foot minimum setback between Cottages. 4. Building Placement Notes: •Fences and encroachments are prohibited in the front setback area. •All structures shall have a maximum height limit of nine feet from the finished floor to the top of wall plate. Up to four additional feet provided to elevate the structure on post-on- pier. •Finished grade at main entry shall not be greater than four feet above existing grade. G. Parking 2.1.040 T3 Kaumakani Avenue -Plantation Camp (T3KA-PC) Plantation Camp Form-Based Code 22 2. Roof Pitch All Building Types •Hip, Hip Gablet, or Gable roofs are permissible roof types. Flat or Single-Sloping shed roofs are prohibited on Cottages. Accessory Structure •Gable, Hip, Hip Gablet, Flat, and Single-Sloping shed roofs are permissible roof types. 1. Required Spaces •Two off-thoroughfare parking stalls are required per Cottage. 2. Parking Setback •All off-thoroughfare parking areas shall be setback a minimum of 10 feet to the rear of the respective Cottage’s building front. 2.1.050 2.1.050 T3 Kaumakani Avenue Flex -Plantation Camp (T3KAF-PC) A. Transect Zone Intent and Description This transect zone continues the historical pattern and intensity of the Kaumakani Avenue to allow new construction to occur in a previously occupied but currently vacant land west of the existing Avenue area. B. Building Types (Choose one.) Permissible Building Types Standards Avenue Cottage 2.2.080 C. Use Table Residential Uses Permitted Use Home Businesses Permitted Use •Residential use within the Avenue Cottage building type is the only permissible use within this transect. Home businesses are a permissible residential use within an Avenue Cottage. All other uses are prohibited. Plantation Camp Form-Based Code 23 General note: the illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature. •With the exception of accessory structures, all other building types are prohibited. D. Building Placement 1. Front Thoroughfare Setbacks •There is a 30 foot minimum setback from the front thoroughfare. 2. Side Thoroughfare Setbacks •There is a 30 foot minimum setback from the side thoroughfare. 3. Building-to-Building Setbacks •There is a 40 foot minimum setback between cottages. 4. Building Placement Notes: •Fences and encroachments are prohibited in the front setback area. 2.1.050 T3 Kaumakani Avenue Flex -Plantation Camp (T3KAF-PC) Plantation Camp Form-Based Code 24 E. Building Form 1. Height •All structures shall have a maximum height limit of nine feet from the finished floor to the top of wall plate. Up to four additional feet provided to elevate the structure on post-on- pier. •Finished grade at main entry shall not be greater than four feet above existing grade. 2. Roof Pitch All Building Types •Hip, Hip Gablet, or Gable roofs are permissible roof types. Flat or Single-Sloping shed roofs are prohibited on Cottages. Accessory Structure •Gable, Hip, Hip Gablet, Flat, and Single-Sloping shed roofs are permissible roof types. F. Accessory Structures •Non-habitable accessory structures do not require a building type and shall be located behind the rear of the Kaumakani Avenue Cottage body or Lānai Carport. •Accessory structures are allowed throughout this zone. •Accessory structures shall not exceed 250 square feet in size. •Accessory structures shall be limited to no more than three per cottage. •There is a 10 foot minimum setback for accessory structures (ie from Cottages or other accessory structures). G. Parking 1. Required Spaces •Two off-thoroughfare parking stalls are required per Cottage. 2. Parking Setback •All off-thoroughfare parking areas shall be setback a minimum of 10 feet to the rear of the respective Cottage’s building front. 2.1.060 2.1.060 T3 Kaumakani Avenue Administration -Plantation Camp (T3KAA-PC) A. Transect Zone Intent and Description B. Building Types (Choose one.) Permissible Building Types Standards •This transect zone maintains the historical pattern and intensity of the Kaumakani Avenue Administrative Office area while allowing new construction to occur on previously demolished sites. Plantation Camp Form-Based Code 25 General note: the illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature. •With the exception of accessory structures, all other building types are prohibited. Administrative Building 2.2.090 Dormitory 2.2.100 C. Use Table Administrative Office Permitted Use Dormitory Permitted Use Residential Uses Permitted Use Medical and Nursing Facilities Permitted Use Professional Offices Permitted Use Day-Care Center Permitted Use Museums, Libraries, and Public Service and Facilities Permitted Use •With the exception of the permitted uses listed above, all other uses are prohibited. Avenue Cottage 2.2.080 D. Building Placement 1. Front Thoroughfare Setbacks •The building's front shall be set to align with the façade of the body of the front most immediately adjacent building's front. •Any new building is prohibited from not aligning its front with the façade of the front most immediately adjacent building's front. 2. Side Thoroughfare Setbacks •The building's side shall be set to align with the most immediately adjacent building's side street side. 3. Building-to-Building Setbacks •There is a 20 foot minimum setback between building's. G. Parking 1. Required Spaces 2. Parking Setback •All off-thoroughfare parking areas shall be setback a minimum of 10 feet from the rear of the respective building’s front. 2.1.060 T3 Kaumakani Avenue Administration -Plantation Camp (T3KAA-PC) Plantation Camp Form-Based Code 26 •Dormitories shall provide a minimum of one stall per 1,500 square feet of gross floor space. •All other allowed uses shall provide a minimum of one stall per 1,000 square feet of gross floor space. E. Building Form Height •No building shall be greater than two stories in height maximum. •All buildings shall be 30 feet maximum in height from the finished grade to the top of the peak of the roof. Up to four additional feet provided to elevate the structure on post-on- pier. •Finished grade at main entry shall not be greater than four feet above existing grade. F. Accessory Structures •Non-habitable accessory structures do not require a building type and shall be located behind the rear of the respective building type. •Accessory structures are allowed throughout this zone. •Accessory structures shall not exceed 250 square feet in size. •Accessory structures shall be limited to no more than two for each respective building. •There is a 10 foot minimum setback for accessory structures (ie from Cottages or other accessory structures). Article 2: Transect Descriptions and Building Types Plantation Camp Form-Based Code 27 Sub-Article 2.2: Plantation Camp Building Types 27-37 2.2.010 Kaumakani Village Cottage 28 2.2.020 House Village 29 2.2.030 House Cottage 30 2.2.040 Duplex 31 2.2.050 Multiplex Small 32 2.2.060 Multiplex Large 33 2.2.070 Main Street Mixed Use 34 2.2.080 Kaumakani Avenue Cottage 35 2.2.090 Kaumakani Avenue Administrative Building 36 2.2.100 Dormitory 37 F. Building Frontages A. Description •Kaumakani Cottage: This building type is a small detached residential structure. There are two types of Kaumakani Cottages: Kaumakani Cottage, Vertical and Kaumakani Cottage, Horizontal. 2.2.010 2.2.010 Kaumakani Village Cottage B. Building Size and Massing •The Kaumakani Cottage shall have one main body section. •No more than one main body is permissible for each Kaumakani Cottage. •Except for Lānai Carports, up to two stoops, and one mechanical equipment storage area is allowed. 1. Main Body •The width of the main body shall be 25 feet. •The depth of the main body shall be 41 feet. C. Siding •Except for foundations and posts, all siding material shall be wood-based material. •All siding shall be vertically aligned. D. Height •The Kaumakani Cottage shall have a nine feet maximum height limitation from finished floor to top of wall plate. •Up to four additional feet is permissible to elevate the Cottage on post-on-pier. E. Lanai Carports •For Kaumakani Cottages that are vertically aligned perpendicular to the throughfare, the following rules apply: •One attached Lānai carport is required. Additional attached Lānai carports are prohibited. •The Lānai carport shall be located on the Carport Side of the Kaumakani Cottage. The Lānai carport shall not be located in the front or rear of the Cottage. •The Lānai carport shall be located in line with or to the rear of the exterior body’s front wall. •The Lānai carport shall be located in line with or in front of the exterior body’s rear wall. •The Lānai carport shall have a minimum width of 10 ft. 1. Kaumakani Cottage, Vertical •For Kaumakani Cottages that are horizontally aligned with the thoroughfare, the following rules apply: •One attached lanai carport is required. Up to two Lānai carports are permissible. •The Lānai carport shall be located on either the front or rear of the Cottage. •The Lānai carport shall not extend beyond each of the Cottage’s respective side walls. •The Lānai carport shall have a minimum depth of 10 ft. 2. Kaumakani Cottage, Horizontal 2. Horizontal Cottage 1. Vertical Cottage •A Vertical Cottage shall have a Front Yard. All other frontage types are prohibited. Plantation Camp Form-Based Code •A Horizontal Cottage that does not have a Lānai carport located at the front of the body shall have one frontage type. The permissible frontage types are:Lānai, Projecting;Lānai , Engaged; and Stoop. All other frontage types are prohibited. General note: the illustration above is intended to provide a brief overview of the building type and is descriptive in nature. 28 A. Description •House Village: This Building Type is a medium sized detached structure. It is typically located within a primarily single-family residential neighborhood in a walkable urban setting potentially near a neighborhood main street. 2.2.020 2.2.020 House Village Plantation Camp Form-Based Code 29 C. Building Frontages B. Building Size and Massing 1. Main Body D. Pedestrian Access E. Vehicle Access and Parking 2. Wing(s) •Main entrance location shall be located in the front of the House Village. •Parking may be accessed from the front only when there is no adjacent alley or side street. •The width of the main body shall be no more than 50 feet maximum. •The depth of the main body shall be no more than 40 feet maximum. •The width of the wing shall be no more than 30 feet maximum. •The depth of the wing shall be no more than 30 feet maximum. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. •A House Village shall have at least one frontage type. The permissible frontage types are:Lānai, Projecting;Lānai, Engaged; and Stoop. All other frontage types are prohibited. •A House Village shall have one main body. •No more than one main body is permissible for each House Village. •A House Village may have a maximum of two wings attached to the main body. •Wings shall not be attached to each other. General note: the illustration above is intended to provide a brief overview of the building type and is descriptive in nature. 2.2.030 2.2.030 House Cottage Plantation Camp Form-Based Code 30 A. Description •House Cottage: This Building Type is a small detached structure. It is typically located within a primarily single-family neighborhood in a walkable urban setting, potentially near a neighborhood main street. This Type enables appropriately well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. B. Building Size and Massing 1. Main Body 1. Wing(s) •The width of the main body shall be no more than 36 feet maximum. •The depth of the main body shall be no more than 36 feet maximum. C. Building Frontages D. Pedestrian Access E. Vehicle Access and Parking •Main entrance location shall be located in the front of the House Cottage. •Parking may be accessed from the front only when there is no adjacent alley or side street. •A House Cottage shall have one main body. •No more than one main body is permissible for each House Cottage. •A House Cottage may have a maximum of two wings attached to the main body. •Wings shall not be attached to each other. •The width of the wing shall be no more than 20 feet maximum. •The depth of the wing shall be no more than 20 feet maximum. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. •A House Cottage shall have at least one frontage type. The permissible frontage types are: Lānai, Projecting;Lānai, Engaged; and Stoop. All other frontage types are prohibited. B. Building Size and Massing (continued) General note: the illustration above is intended to provide a brief overview of the building type and is descriptive in nature. 2.2.040 2.2.040 Duplex Plantation Camp Form-Based Code 31 A. Description •Duplex: This Building type is a small-to- medium sized structure that consist of two side-by-side or stacked dwelling units, both facing the street and sharing one common party wall. This type has the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily single-family neighborhoods or medium density neighborhoods. It enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. D. Pedestrian Access E. Vehicle Access and Parking •Main entrances' locations shall be located in the front of the Duplex. •Each unit shall have an individual street-facing entry on the front façade. •Parking may be accessed from the front only when there is no adjacent alley or side street C. Building Frontages B. Building Size and Massing 1. Main Body 2. Wing(s) •The width of the main body shall be no more than 48 feet maximum. •The depth of the main body shall be no more than 40 feet maximum. •A Duplex shall have one main body. •No more than one main body is permissible for each Duplex. •A Duplex may have a maximum of two wings attached to the main body. •Wings shall not be attached to each other. •The width of the wing shall be no more than 15 feet maximum. •The depth of the wing shall be no more than 20 feet maximum. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. •A Duplex shall have at least one frontage type per unit. The permissible frontage types are:Lānai, Projecting;Lānai, Engaged; and Stoop. All other frontage types are prohibited. General note: the illustration above is intended to provide a brief overview of the building type and is descriptive in nature. A. Description •Multiplex Small: This Building type is a medium structure that consists of three to six side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front. This type has the appearance of a medium-sized family home and is appropriately scaled to fit in sparingly within primarily single-family neighborhoods or into medium-density neighborhoods. This type enables appropriately-scaled, well- designed higher densities and is important for providing a broad choice of housing types and promoting walkability. 2.2.050 2.2.050 Multiplex Small Plantation Camp Form-Based Code 32 B. Number of Units •The minimum number of units in a Multiplex Small building is three. •The maximum number of units in a Multiplex Small building is six. B. Building Size and Massing 1. Main Body 2. Wing(s) •The width of the main body shall be no more than 48 feet maximum. •The depth of the main body shall be no more than 36 feet maximum. •A Multiplex Small building shall have one main body. •No more than one main body is permissible for each Multiplex Small building. •Wings shall not be attached to each other. •The width of the wing shall be no more than 24 feet maximum. •The depth of the wing shall be no more than 24 feet maximum. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. C. Building Frontages D. Pedestrian Access E. Vehicle Access and Parking •Main entrances' locations shall be located in the front of the Multiplex Small building. •Parking may be accessed from the front only when there is no adjacent alley or side street. •A Multiplex Small building shall have at least one frontage type. The permissible frontage types are:Lānai, Projecting;Lānai, Engaged; and Stoop. All other frontage types are prohibited. General note: the illustration above is intended to provide a brief overview of the building type and is descriptive in nature. A. Description •Multiplex Large: This Building type is a medium-to-large sized structure that consists of multiple side-by-side and/or stacked dwelling units accessed from a courtyard or series of courtyards. Each unit may have its own individual entry, or up to three units may share a common entry. It enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. 2.2.060 2.2.060 Multiplex Large Plantation Camp Form-Based Code 33 B. Number of Units •The minimum number of units in a Multiplex Large building is seven. •The maximum number of units in a Multiplex Large building is 18. C. Building Size and Massing 1. Main Body 2. Wing(s) •The width of the main body shall be no more than 150 feet maximum. •The depth of the main body shall be no more than 65 feet maximum. •A Multiplex Small building shall have one main body. •No more than one main body is permissible for each Multiplex Small building. •Wings shall not be attached to each other. •The width of the wing shall be no more than 150 feet maximum. •The depth of the wing shall be no more than 65 feet maximum. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. D. Building Frontages E. Pedestrian Access F. Vehicle Access and Parking •Main entrances' locations shall be located in the front of the Multiplex Large. •Parking may be accessed from the front only when there is no adjacent alley or side street. •A Multiplex Large building shall have at least one frontage type. The permissible frontage types are:Lānai, Projecting;Lānai, Engaged; Stoop; and Shopfront. All other frontage types are prohibited. 2.2.070 2.2.070 Main Street Mixed Use Plantation Camp Form-Based Code 34 A. Description •Main Street Mixed-Use: This Building type is a small-to-medium-sized structure, typically attached, intended to provide a vertical mix of uses with ground-floor, commercial, services, or residential uses. On Kaua’i this type typically includes balconies that shade the sidewalk. Smaller versions of the type include live/work units. This type makes up the primary component of a neighborhood main street and portions of a downtown main street, therefore being a key component to providing walkability. B. Building Size and Massing 1. Main Body 2. Wing(s) •The width of the main body shall be no more than 150 feet maximum. •The depth of the main body shall be no more than 40 feet maximum. •A Main Street Mixed Use building shall have one main body. •No more than one main body is permissible for each Main Street Mixed Use building. •Wings shall not be attached to each other. •The width of the wing shall be no more than 150 feet maximum. •The depth of the wing shall be no more than 40 feet maximum. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. C. Building Frontages D. Pedestrian Access E. Vehicle Access and Parking •Main entrances' locations shall be located in the front of the Main Street Mixed Use building. •Parking may be accessed from the front only when there is no adjacent alley or side street. •A Main Street Mixed Use building shall have a Shopfront frontage. All other frontage types are prohibited. C. Building Frontages A. Description •Avenue Cottage: This building type is a medium-sized detached residential structure. 2.2.080 2.2.080 Kaumakani Avenue Cottage B. Building Size and Massing •Avenue Cottage shall have one main body section. •No more than one main body is permissible for each Avenue Cottage. •An Avenue Cottage may have multiple wings attached to the main body. •Wings shall not be attached to each other. 1. Main Body •The width of the main body shall not be greater than 40 feet. •The depth of the main body shall not be greater than 40 feet. 2. Wing(s) •The width of the wing shall not be greater than 20 feet. •The depth of the wing shall not be greater than 20 feet. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. •A Kaumakani Avenue Cottage shall have at least one frontage type. The permissible frontage types are:Lānai, Projecting;Lānai, Engaged; and Stoop. All other frontage types are prohibited. E. Foundations •At least 50 percent of the cottage shall be post-on-pier. F. Fenestration •All windows shall be double hung. G. Siding •Except for foundations and posts, all siding material shall be wood-based material. •All siding shall be vertically aligned. H. Height I. Roof Pitch •Hip, hip-gablet, and gable roofs are permissible roof types. •Flat or single-sloping shed roofs are prohibited on cottages. A. Description Plantation Camp Form-Based Code 35 •The Kaumakani Avenue Cottage shall have a nine feet maximum height limitation from finished floor to top of wall plate. •Up to four additional feet is permissible to elevate the Cottage on post-on-pier. D. Pedestrian Access •Main entrances' locations shall be located in the front of the Kaumakani Avenue Cottage. A. Description •Administration Building: This building type is a large-sized detached structure used for offices. 2.2.090 2.2.090 Kaumakani Avenue Administrative Building A. Description Plantation Camp Form-Based Code 36 C. Building Frontages •The Administration Building shall have at least one frontage type.The permissible frontage type is Shopfront. All other frontage types are prohibited. E. Fenestration •All windows shall be double hung. B. Building Size and Massing •A Administration Building shall have one main body. •No more than one main body is permissible for each Administration Building. •An Administration Building shall have no more than one wing. 1. Main Body •The width of the main body shall not be greater than 56 feet. •The depth of the main body shall not be greater than 45 feet. 2. Wing(s) •The width of the wing shall not be greater than 21 feet. •The depth of the wing shall not be greater than 51 feet. D. Pedestrian Access •Main entrances' locations shall be located in the front of the Kaumakani Avenue Administrative Building. A. Description •Dormitory: This building type is a medium- sized detached residential structure for Boarding or Administrative purposes. 2.2.100 2.2.100 Dormitory A. Description Plantation Camp Form-Based Code 37 B. Building Size and Massing •A Dormitory shall have one main body. •No more than one main body is permissible for each Dormitory building type. •A Dormitory may have a maximum of two wings attached to the main body. •Wings shall not be attached to each other. 1. Main Body •The width of the main body shall not be greater than 62 feet. •The depth of the main body shall not be greater than 89 feet. 2. Wing(s) •The width of the wing shall not be greater than 26 feet. •The depth of the wing shall not be greater than 52 feet. C. Building Frontages •The Dormitory shall have a Lānai, Projecting.All other frontage types are prohibited. E. Foundations •At least 50 percent of the cottage shall be post-on-pier. F. Fenestration •All windows shall be double hung. G. Siding •Except for foundations and posts, all siding material shall be wood-based material. •All siding shall be vertically aligned. I. Roof Pitch •Hip, hip-gablet, and gable roofs are permissible roof types. •Flat or single-sloping shed roofs are prohibited on cottages. H. Height •The Dormitory shall have a nine feet maximum height limitation from finished floor to top of wall plate. •Up to four additional feet is permissible to elevate the Dormitory on post-on-pier. D. Pedestrian Access •Main entrances' locations shall be located in the front of the Kaumakani Avenue Administrative Building. Article 2: Transect Descriptions and Building Types Plantation Camp Form-Based Code 38 Sub-Article 2.3: Kaumakani Village Building Type Frontages 38-41 2.3.010 Front Yard 39 2.3.020 Lānai, Projecting 39 2.3.030 Lānai, Engaged 40 2.3.040 Stoop 40 2.3.050 Shopfront 41 2.3.020 2.3.010 Front Yard Plantation Camp Form-Based Code 39 A. Description •The main façade of the building has a large planted setback providing a buffer from the street. The yard may be fenced or unfenced. B. Size •The depth of the front yard shall be a minimum of 10 feet. 2.3.020 Lānai, Projecting A. Description •Lānai, Projecting: The main façade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The Lānai, Projecting is open on three sides. B. Size •The width of the Lānai shall be a minimum of 10 feet. •The depth of the Lānai shall be a minimum of eight feet. •The height of the Lānai shall be a minimum of eight feet. C. Miscellaneous •Any Lānai, Projecting must have a roof. 2.3.020 Plantation Camp Form-Based Code 40 2.3.040 Stoop A. Description •Stoop: The main façade of the building is near the frontage line. This type is appropriate for residential uses with small setbacks. B. Size •The width of the stoop shall be a minimum of five feet and maximum of eight feet. •The depth of the stoop shall be a minimum of five feet and maximum of eight feet. •The height of the stoop shall be a minimum of eight feet. C. Miscellaneous •The entry door shall be covered or recessed to provide shelter from the elements. 2.3.030 Lānai, Engaged B. Size C. Miscellaneous •The width of the Lānai shall be a minimum of 10 feet. •The depth of the Lānai shall be a minimum of eight feet. •The height of the Lānai shall be a minimum of eight feet. •Any Lānai, Engaged must have a roof. A. Description •Lānai, Engaged: The main façade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The Lānai, Engaged has two adjacent sides of the Lānai that are engaged to the building while the other two sides are open. 2.3.020 2.3.050 Shopfront Plantation Camp Form-Based Code 41 A. Description •Shopfront: The main façade of the building is at or near the frontage line with an at-grade entrance along the public way. This type is intended for retail use. It has substantial glazing at the sidewalk level and may include an awning. B. Size •The distance between glazing shall be a maximum of two feet. •The ground floor front wall shall be comprised of no less than 75% transparent surfaces (ie windows/fenestration). •The depth of recessed entries shall be a maximum of five feet. C. Awning •The depth of the awning shall be a minimum of four feet. •The setback from the curb shall have a minimum of two feet. •The height of the awning shall be a minimum of eight feet. Article 3: Neighborhood Standards Plantation Camp Form-Based Code 42 Sub-Article 3.2: Civic Space Standards 44-47 3.2.010 Purpose 44 3.2.020 Standards 44 3.2.030 Civic Spaces 44-45 3.2.040 Civic Space Type Standards 46-47 Sub-Article 3.1: Thoroughfare Standards 42-43 3.1.010 Purpose 43 3.1.020 Applicability 43 3.1.030 Standards 43 3.1.010 Purpose:The purpose of this article is to provide optional standards for proposed thoroughfares within the plantation camp zones. Applicability:Any proposed thoroughfares within the plantation camp zones. Standards: A.All proposed roads and thoroughfares shall meet the County of Kauai Street Design Manual requirements as determined by the County Engineer. B.The County Engineer may approve a thoroughfare that does not meet the Street Design Manual standards within the Plantation Camp Zones if the following criteria are met: 1.The thoroughfare is 18 to 20 ft. in width; 2.The thoroughfare is paved or comprised of a compacted surface approved by the Fire Department for emergency vehicle access; 3.On street parking is prohibited; 4.The thoroughfare’s associated residences have access to a shared parking facility within a standard pedestrian shed. 5.The shared parking facility has at least one parking stall for each of the associated residences it services. 6.All of the residential units proposed on the thoroughfare are setback from the thoroughfare no more than 20 ft. Plantation Camp Form-Based Code 43 Sub-Article 3.1: Thoroughfare Standards 3.1.020 3.1.030 3.2.010 Purpose:The purpose of this article is to establish civic space standards for plantation camp civic space. Civic buildings and civic spaces provide important gathering places for communities and access to outdoor activities. The civic buildings and civic spaces should be carefully located and accessible to all. The following standards shall be met by providing and locating civic buildings and civic spaces. Standards:The design of civic spaces shall meet the standards set forth in Sub-Article 3.2. Plantation Camp Form-Based Code 44 Sub-Article 3.2: Civic Space Standards 3.2.020 3.2.030 Civic Spaces: The standards established in the Sub-Article provide the transect zones with a diverse palette of parks and other publicly accessible civic spaces that are essential components of walkable urban environments. The service area, size frontage and disposition of elements of standards of each civic space types are regulatory. The illustration and description of each civic space type are illustrative in nature and not regulatory. A.Service Area. Describes how the civic space relates to the County as a whole and the area that will be served by the civic space. B.Size. The overall range of allowed sizes of the civic space. C.Frontage. The relationship along property lines of a civic space to adjacent building or lots. 1.Building. Civic spaces that are listed as having a “Building” Frontage shall have the fronts of buildings, either attached to the park or across a thoroughfare, facing onto the civic space for a minimum of three-quarters of the perimeter. 2.Independent. Civic spaces that are listed as having an “Independent” frontage shall have the fronts of buildings, either attached to the park or across a thoroughfare, facing on to the civic space to the maximum extent possible, but may have the side or rear of a building or lot front on to the civic space. D.Disposition of Elements. The placement of objects within the civic space. 1.Natural. Civic spaces with natural character are designed in a natural manner with no formal arrangement of elements. 2.Formal. Civic spaces with a formal character have a more rigid layout that follows geometric forms and has trees and other elements arranged in formal patterns. 3.Informal. Civic spaces with an informal character have a mix of formal and natural characteristics. Typical Facilities. Provides a list of the typical facilities found within the civic space. This list is not intended to be a complete list of facilities allowed nor is it intended that every civic space could contain each of the facilitates listed. Plantation Camp Form-Based Code 45 Ownership and Maintenance of Required Open Space, and Civic Space. Open space areas shall be maintained as permanent open space and/or civic space through one or more of the following options: A.Establishment of an entity to manage and maintain the open space by the property owner, in a form that ensures long-term maintenance and management; B.Conveyance of the land to a property owners’ or homeowners’ association that holds the land in common ownership and will be responsible for managing and maintain it for its intended purposes; C.Conveyance of the land to a third-party beneficiary, such as a nonprofit environmental or civic organization, that is organized for , capable of, and willing to accept responsibility for managing and maintaining the land for its intended purposes; or D.Dedication of the land to the County or other appropriate public agency that is organized for, capable of, and willing to accept responsibility for managing and maintaining the land for its intended purposes. The civic spaces specified in Table 3.2.030 (Civic Space Type Standards) are allowed by right or with the specified approvals in the designated transect zones. 3.2 Plantation Camp Form-Based Code 46 Sub-Article 3.2: Civic Space Standards 3.2.040 Civic Space Type Standards Civic Space Type Special Use Park Overlook Park Pocket Park Illustration Description Location & Size Location Service Area Size Minimum Maximum Character Frontage Disposition of Elements Typical Facilities A space that is civic in nature but that does not fit into any pre- established civic space type category. Regional No Minimum No Maximum Building or Independent Natural, Formal, or Informal Passive and Active Recreation, Accessory Structure, Drinking Fountains, Community Facility < 5,000 gross square feet, Paths and Trails. An open space that provides space for viewing scenic or historically significant vistas, usually from a height. Regional No Minimum No Maximum Independent Natural or Informal Passive Recreation, Accessory Structure, Drinking Fountains, Paths and Trails. An open space available for informal activities in close proximity to neighborhood residences. Neighborhood 4,000 square feet 1 acre Building Formal or Informal Passive Recreation, Accessory Structure, Drinking Fountains, Paths and Trails. Plantation Camp Form-Based Code 47 3.2.040 Civic Space Type Standards (continued) Civic Space Type Playground Community Garden Illustration Description Location & Size Location Service Area Size Minimum Maximum Character Frontage Disposition of Elements Typical Facilities An open space designed and equipped for the recreation of children. A Playground should be fenced and may include an open shelter. Playgrounds may be included within other civic spaces. Neighborhood No Minimum No Maximum Independent or Building Formal or Informal Accessory Structure, Drinking Fountains, Paths and Trails. An open space designed as a grouping of garden plots that are available to nearby residents for small-scale cultivation. Community Gardens may be included within other civic spaces. Neighborhood No Minimum No Maximum Independent or Building Formal or Informal Accessory Structure, Drinking Fountains, Paths and Trails. 3.2 Article 4: Administration and Procedures Plantation Camp Form-Based Code 48 Sub-Article 4.1: Purpose and Applicability 48-50 4.1.010 Purpose 49 4.1.020 Applicability 49 4.1.030 Review Authority 49 4.1.040 Concurrent Processing 50 4.1.050 Rules of Interpretation 50 Sub-Article 4.2: Permits and Approvals 51-52 4.2.010 Zoning Permits 51-52 4.2.020 Use Permits 52 4.2.030 Variance 52 Sub-Article 5.3: Administration and Enforcement 53 4.3.010 Amendments 53 4.3.020 Non-Conforming Provisions 53 4.3.030 Appeals 53 4.3.040 Fee Exemptions 53 4.3.050 Enforcement 53 4.1.010 Purpose:This Article establishes procedures for the preparation, filing, and processing of applications for development permits and other entitlements required by this Code. Applicability: A.This Form-Based Code applies to any construction, development, activity, or use within the land zoned with the SPA designation as shown in Figure(s) 1.2.010 (Kaumakani Village Transect Map) and 1.2.020 (Kaumakani Avenue Transect Map). B.The requirements of this Code are in addition to all applicable federal, state, and county laws and regulations governing land use and development, including Chapter 8 (Comprehensive Zoning Ordinance) and Chapter 9 (Subdivision), Kauaʻi County Code 1987, as amended. C.In case of conflict between any provision of this Code, Kauaʻi County Code Chapter 8 (Comprehensive Zoning Ordinance) (“CZO”), and any other Kauaʻi County Code, rule, or regulation conflict, this Code shall apply. Review Authority: A.Table 4.1.030.A (Review Authority) identifies the County official or body responsible for reviewing and making decisions on each type of application required by this Code. B.All applications for property located within the Plan Area are subject to the review and approval of the review authority(s) identified in Table 4.1.030.A Review Authority. Plantation Camp Form-Based Code 49 Sub-Article 4.1: Purpose and Applicability 4.1.020 4.1.030 Table: 4.1.030.A: Review Authority Planning Commission County Council Planning DirectorReferenceApproval Zoning Permits Class I Subsec. 8-3.1(c) CZO Decision Appeal Class II Subsec. 8-3.1(d) CZO Decision Appeal Class III Subsec. 8-3.1(e) CZO Decision Appeal Class IV Subsec. 8-3.1(f) CZO Recommend Appeal/Decision Use Permit Sec. 8-3.2 CZO Recommend Appeal/Decision Variance Sec. 8-3.2 CZO Recommend Appeal/Decision Amendment Sec. 8-3.2 CZO Recommend Recommend Decision Minor Modification 4.2.040 Decision Appeal/Decision Plantation Camp Form-Based Code 50 4.1 4.1.040 Concurrent Processing:Multiple applications for the same project will be processed concurrently, reviewed, and approved or denied by the highest review authority designated by this Code for any of the permits or approvals (i.e., a project for which applications for a Class II Zoning Permit and a Use Permit are filed must have both applications decided by the Planning Commission, instead of the Director first deciding on the Zoning Permit as otherwise required by Table 4.1.030.A (Review Authority)). Rules of Interpretation: A.Authority. The Director has the authority to interpret any provision of this Code. Whenever the Director determines that the meaning or applicability of any Code requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Planning Commission for their determination. B.Language. 1.The words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory: 2.“Should is not mandatory but is strongly recommended; and “may” is permissive; 3.The present tense includes the past and future tenses; and the future tense includes the present; 4.The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise; and 5.The words “includes” and “including” shall mean “including but not limited to”. 6.“Applicant” means an owner or any person who has full written authorization of the owner. 7.“Owner” means the holders of equitable and legal title of land in fee simple. 8.When used in this Code, the terms “Code,” “this Code,” or “Form-Based Code” means the West Kauaʻi Form-Based Code C.Time Limits. Whenever a number of days is specified in this Code, the number of days shall be construed as consecutive calendar days. A time limit shall extend to 4:30 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday. D.Uses Not Listed. The Director has the authority to determine other unlisted uses as similar in nature to those listed in the respective Use Tables of Article 2 (Specific to Transect Zones) as requiring a use permit, and that those similar uses may also be permissible in that respective Transect Zone with a Use Permit 4.1.050 4.2.010 Zoning Permits: A.No person shall undertake any construction or development or carry on any activity, or use, for which a zoning permit is required by this Code, or obtain a building permit for construction, development, activity, or use regulated by this Code, without first obtaining the required permit. B.To obtain any permit, the applicant shall show compliance with the standards established in this Code and shall submit, where necessary, a plot plan as required by CZO Sec. 8- 4.6(d). C.Applications for zoning permits as required in this Code shall be processed in accordance with CZO Sec. 8-3.1 (Zoning Permits). D.For any Zoning Permit, the designated Review Authority may approve, with or without conditions, or deny the permit. The following Zoning Permits are required for the following activities: 1.Class I Permit. A Class I Permit must be obtained for construction or development not located in a Constraint District or a Special Treatment District where the construction or development does not require a Use Permit or a Variance Permit and: a.For non-residential or mixed-use projects that are generally permitted; or b.For residential projects, the project consists of no more than one (1) dwelling unit. 2.Class II Permit. A Class II Permit must be obtained for construction or development of a residential project consisting of between two (2) to ten (10) dwelling units that are not located in a Constraint District or a Special Treatment District where the construction or development does not require a Use Permit or a Variance Permit. 3.Class III Permit. A Class III Permit must be obtained for construction or development where the construction or development does not require a Variance Permit or a Use Permit and: a.For any project where a Class I or Class II Zoning Permit would otherwise be required, except that the development is located in a Constraint District or a Special Treatment District; or b.For residential projects, the project consists of between eleven (11) and fifty (50) units; or Plantation Camp Form-Based Code 51 Sub-Article 4.2: Permits and Approvals 4.Class IV Permit. A Class IV Permit must be obtained for construction or development, whether or not the development is located in a Constraint District or Special Treatment District where: a.For non-residential or mixed-use projects that require a use permit; or b.For residential projects, the project consists of fifty-one (51) or more dwelling units; or c.For any project, a Class I, II, or III Permit would otherwise be required, except that a Use Permit or a Variance Permit is required. E.After-the-Fact Permits. In addition to the Zoning Permit filing and processing fee(s), an application for a Zoning Permit for a structure partially or fully constructed without the required approvals and/or a use that has commenced prior to the required approvals shall have an additional filing, inspection, and processing fee(s) which is double that of the original filing and processing fee(s) or five hundred dollars ($500.00), whichever is greater. Use Permits: No person shall undertake any construction or development, or carry on any activity or use for which a Use Permit is required by this Code, or obtain a building permit for construction, development, activity or use for which a Use Permit is required by this Code, without first obtaining a Use Permit in accordance with CZO Sec. 8-3.2 (Use Permits). Variance: Request for a variance from the provisions of this Code must comply with the requirements in CZO Sec. 8-3.3 (Variance). Plantation Camp Form-Based Code 52 4.2.020 4.2.030 4.2 4.3.010 Amendments: This Code may be amended in compliance with the requirements in CZO Sec. 8-3.4. Non-Conforming Provisions: Nothing in the Plantation Camp Form-Based Code shall restrict or prevent an applicant from re-constructing or repairing a structure in a respective Plantation Camp transect pursuant to Section 8-8A2, subsections (a) and (b), of the Kauai County Code, 1987, as amended. Any new densities, structures, and uses, proposed in a respective Plantation Camp transact beyond those permissible within Section 8-8A of the Kauai County Code, 1987, as amended, shall be in conformance with the rules, regulations, and standards of the subject Plantation Camp Form-Based Code. Appeals: A.An applicant who seeks to appeal from an adverse decision of the Director or designee shall file a notice of appeal with the Director and the Planning Commission within thirty (30) days after the adverse decision. B.If the appeal is from the denial of a Class III Zoning Permit, the Director shall make the notice public and shall notify any persons who have duly requested notice of appeals. C.The Planning Commission shall consider the appeal at a public session within sixty (60) days of the filing of the notice of appeal and shall render its decision within that period. Fee Exemptions: A.A Zoning Permit application for a housing project or portions of housing projects that are developed to be affordable to low-income households as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from the filing and processing fee required in CZO Subsection 8-3.1(b)(1), provided such projects conform to applicable provisions of the County’s affordable housing program. B.A Zoning Permit application for a housing project or portions of housing projects that are developed to be affordable as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from one-half (1/2) of the filing and processing fee required in CZO Subsection 8-3.1(b)(1), provided such projects conform to applicable provisions of the County’s affordable housing program. C.No exemptions shall be afforded for such housing projects from any fees or costs arising from compliance with CZO Subsection 8-3.1(f)(4) or (h). Enforcement: 1.Enforcement, legal procedures, and penalties for violations of any of the regulations and standards within the Plantation Camp Form-Based Code are established pursuant to section 10-7.2 of the Kauai County Code, 1987, as amended. Plantation Camp Form-Based Code 53 Sub-Article 4.3: Administration and Enforcement 4.3.020 4.3.030 4.3.040 4.3.050 Article 5: Definitions Plantation Camp Form-Based Code 54 Sub-Article 5.1: Definitions of Terms and Phrases 54-56 5.1.010 Definitions 55-56 Definitions This Section provides definitions for specialized terms and phrases used in this Article. All other applicable definitions in Chapter 8 of the Kauai County Code or CZO apply. Civic Space –An outdoor area dedicated for civic activities. See Sub-Article 35.2 (Civic Space Standards). Civic Building –A structure operated by governmental or not-for-profit organizations and limited to civic and related uses. County Engineer –The County Engineer of the Department of Public Works of the County of Kauai. Cottage Carport Side –The portion of a vertically aligned Kaumakani Cottage that is designated for the attached lanai carport. The Carport Side of all vertically aligned Kaumakani Cottages shall face the adjacent cottage's carport side. Director –Planning Director of the County of Kauai. Foundation –The lowest load-bearing part of a building, typically including structural placement below ground level Front –The front section of the building facing the thoroughfare or a civic space. If two or more portions of a building face a thoroughfare or a civic space, the Director shall determine which portion of the building is the front. Frontage –The main entrance of a building located between the front of a building and a thoroughfare or civic space. Glazing –The glass component of a building's façade. Gable Roof –A roof with two sloping side and a gable, or wall, at each end. Hip Gablet/Dutch Gable Roof –Is a roof with a small gable at the top of a hip roof. Hip Roof –A roof that slopes upward from all sides of the structure, having no vertical ends. Horizontal Cottage –A horizontal cottage is oriented with its longer sides in parallel with the thoroughfare. Lānai Carport –A covered structure that provides protection for vehicles and that can also be used as a Lānai for outdoor activities or living space. Main Body –The main body constitutes the primary structure. Mechanical Equipment Storage –small roofed accessory structure, attached or detached, that is no larger than 40 square feet in size. Plantation Camp Form-Based Code 55 Sub-Article 5.1: Definitions of Terms and Phrases 5.1.010 Post-on-Pier –Type of development where the weight of the structure is distributed across a series of posts installed under the home and mounted to piers, which are typically masonry blocks arranged to distribute the weight evenly. Rear –Section of the building the opposite front of the building. Residential Use –The use of a structure or site for human habitation that may include a home, abode, or place where an individual is actually living at a specific point in time. Residences do not include transient accommodations such as transient hotels, motels, tourist cabins, or trailer courts, and dormitories, fraternity or sorority houses. Setback –A designated minimal amount of space required between a structure and the thoroughfare. Shed Roof –A flat roof that slopes in one direction and may lean against another wall or building. Side –Section of the building running perpendicular to the front and rear of the building. Thoroughfare –A road or path designed for multiple users, including pedestrians, bicyclists, and vehicles. Transect Zone –A defined area that meets the organization of the human habitat with a development intensity that meets natural and/or build form characteristics. Vertical Cottage –A vertical cottage is oriented with its longer sides perpendicular to the thoroughfare. Wing –A wing is part of a building that is subordinate to the main body. Plantation Camp Form-Based Code 56 5.1 Minor Modifications: 1.Purpose. The purpose of a Minor Modification is to streamline and expedite the permitting process by authorizing the Director to allow minor deviations from certain standards in this Code when the Minor Modification constitutes a reasonable use of the property but is not otherwise permissible under a strict application of this Code. 2.Review Procedure Applications. Applicants may file a written application with the Planning Department for a Minor Modification on a form prescribed by the Planning Department. The application shall contain or be accompanied by: A.A non-refundable filing and processing fee in the amount of $30.00; B.A description of the property in sufficient detail to determine its precise location; C.Information necessary to show conformity with the standards established in this Section; and D.Any other plans and information required by the Planning Department. Process: 1.The Director or designee shall check the application to determine whether the application conforms to the standards established by this Code and may require additional information if necessary, to make the determination. 2.The Director may approve a Minor Modification, with or without conditions, or deny the permit. 3.The Director or designee may approve a Minor Modification as allowed in this Section, only after first determining that the Minor Modification complies with the findings specified in Subsection 5.2.040.D (Findings for a Decision on a Minor Modification). 4.Each Minor Modification application must be reviewed on an individual case-by-case basis. The approval of a previous Minor Modification is not admissible evidence for the approval of a new Minor Modification. Plantation Camp Form-Based Code 57 4.2.040 4.2 Modifications Allowed: 1.General Modifications. The Director may approve a Minor Modification in any Transect Zone for a modification of up to 20 percent of any measurable standard prescribed in this Code, only after first determining that the requested modification complies with the findings specified in Subsection 4.2.040.4 (Findings for a Decision on a Minor Modification). 2.Modification Prohibited. Minor Modification may not be granted to permit a building, frontage type, or land use that is not allowed in a zone; an increase in building height or units per building; a reduction in distance between buildings; or a modification of a numeric threshold for applicability of a required standard, for example, standards that apply to sites 5 acres or larger. 3.Additional Modification. In addition to the modification allowed under Subsection C.1, the Director may approve a modification as provided in Table 4.2.040.A (Minor Modifications Allowed). If the modification in Table 4.2.040.A (Minor Modifications Allowed) is less permissive than Subsection C.1., Table 4.2.040.A supersedes. Plantation Camp Form-Based Code 58 4.2.040 4.2 Table: 4.2.040.A: Minor Modifications Allowed Type of Minor Modification Allowed Maximum Modification Reduction in minimum building façade located 10% within the façade zone (Sub-Article 2.2) Increase in maximum Building width or depth 5% (Sub-Article 3.2) Modification of frontage type minimum or 10% maximum width or depth (Sub-Article 3.3) Reduction minimum Ground flood transparency 10% (Sub-Article 3.3) Findings for a Minor Modifications: The Director shall review and approve or deny an application for a Minor Modification, with or without conditions, only after the following findings are made: 1.Granting the Minor Modification will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property; 2.The requested Minor Modification does not satisfy the criteria for a Variance, in CZO Sec. 8-3.3 (Variance); 3.The requested Minor Modification will not allow the establishment of a use that is not allowed in the zone; 4.The proposed project is consistent with the West Kauaʻi Community Plan; and 5.The proposed project will comply with all other applicable standards in this Code. Plantation Camp Form-Based Code 59 4.2.040 4.2 EXHIBIT “B” (Agency Comments) COUNTY OF KAUA‘I PLANNING DEPARTMENT v:\2022 master files\amendments\zoning\za-2022-12\reports\report-1 6.28.22_za-2022-12 slr constraint district ordinance.docx Ka‘āina S. Hull Director of Planning Jodi A. Higuchi Sayegusa Deputy Director of Planning DIRECTOR’S REPORT I.SUMMARY Action Required by Planning Commission: Consideration for an Ordinance to amend Chapter 8, Article 12 Kaua‘i County Code 1987, as amended, relating to Constraint District(s) Permit Application No.: Zoning Amendment ZA-2022-12 Name of Applicant(s): COUNTY OF KAUA‘I, PLANNING DEPARTMENT II.PERMIT INFORMATION AMENDMENTS Zoning Amendment Pursuant to KCC Section 8-3.4(a), as amended, a Zoning Amendment is necessary because it involves the changing of legislation text whenever the public necessity and convenience and the general welfare require an amendment. General Plan Amendment Community Plan Amendment State Land Use District Amendment III.LEGAL REQUIREMENTS KCC Section 8-3.4 Public Hearing Date: July 12, 2022 Date of Publication: June 10, 2022 Date of Director’s Report: July 12, 2022 2 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 IV.DESCRIPTION OF THE AMENDMENT Exhibit A: Original Proposed Bill The originally proposed bill (see attached Exhibit A), amends Section 8-12.4 Flood Districts (S-FL) and Section 8-12.5 Shore Districts (S-SH) of the Comprehensive Zoning Ordinance to become the “Constraint Sea Level Rise District”. This proposed amendment is in recognition of the following: 1) that the Constraint Flood District and the Constraint Shore District provisions are antiquated and are covered by much more comprehensive and effective rules and regulations, such as the Floodplain Management Ordinance and the Special Management Area Rules and Regulations, respectively; and 2) that sea level rise (SLR) presents a threat to Kauaʻi’s coastal communities. Considering this, the first intent of the proposed bill is to remove redundancy and duplication in the regulatory process by removing the regulations for the Flood (S-FL) and Shore (S-SH) Constraint Districts. The second intent of the proposed bill is to implement the policies of the Kauaʻi General Plan, which highlight preparing for the effects of climate change and SLR impacts that are projected to occur within this century. Specifically, the Constraint Sea Level Rise District will enact design standards for all lands subject to annual high wave flooding and passive flooding impacts projected by the Kauaʻi Sea Level Rise Constraint District Viewer 1 (with 3.2 feet of sea level rise) and within the County of Kauaʻi Sea Level Rise Constraint District (S-SLR). The Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas generated by data used in the creation of the Hawaiʻi Sea Level Rise Vulnerability and Adaptation Report. The viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. Enforcing climate resilient design standards can help minimize the threat sea level rise may inflict on public health and safety. For instance, the bill proposes elevation design standards based on spatial and depth data for annual high wave run up and passive flooding generated from 3.2 feet of sea level rise. In brief, all new construction and substantial improvements within the Sea Level Rise Constraint District (spatially mapped in Exhibit C) will be required to consult the County of Kauaʻi Sea Level Rise Viewer in order to obtain the high wave run up and/or passive flooding depths within the respective building footprint. With this data, an additional two feet will be added to the top of the highest sea level rise flood elevation for residential structures, and one foot will be added to the top of the highest sea level rise flood elevation for non-residential structures (Figure 1). Additional design standards, such as anchoring and prohibition of fill, are also detailed in the proposed bill. 1The Kauaʻi Sea Level Rise Constraint District Viewer” can be found here: https://kauaigis.maps.arcgis.com/apps/instant/basic/index.html?appid=5076d300b9d24537b40dabd1e387dbad 3 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Figure 1: An illustrative example of how the Sea Level Rise Constraint District provisions will enforce elevation design standards for Residential structures within the Sea Level Rise Constraint District. In this example, the proposed residential structure within the Sea Level Rise Constraint District has a sea level rise high wave run up flood elevation of 2 feet. An additional two feet is then added to the top of the highest sea level rise flood elevation. Exhibit B: Final proposed bill Upon further analysis, the applicant updated the draft bill to no longer propose the removal of the Section 8-12.4 Flood District (S-FL) of the Comprehensive Zoning Ordinance (please see attached Exhibit B for final proposed bill). This decision was made after careful evaluation of the Flood Constraint District and other existing policies governing 4 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 development within flood areas, such as the Floodplain Management Ordinance, as contained in Chapter 15 Article 1 of the K.C.C., and the Drainage Ordinance, (Ord. No. 778, November 28, 2001) as contained in Section 22-16.1 of the K.C.C. During this analysis, the applicant became aware that the Flood Constraint District is distinctly different compared to these other policies in that there is a focus on watershed conservation in the implementation of its provisions. Whereas the purpose of the Floodplain Management Ordinance and the Drainage Ordinance is primarily to safeguard public health, safety, and general welfare, the Flood Constraint District expands upon this by specifying an objective to “maintain the characteristics of flood plain areas which contribute to ground water recharge, storm water storage, silt retention and marine water quality.” The intent of the Flood Constraint District is further detailed in the 1970 General Plan, which states that the Flood Constraint District was created to ensure that proposed developments within flood areas “will not interfere with the overall water cycle system” by requiring that there is “full consideration for the whole watershed system both upstream and downstream.” While the Floodplain Management Ordinance and the Drainage Ordinance do detail provisions that may serve the duo purpose of safeguarding public health and safety as well as maintaining the characteristics of the floodplain, these provisions are considered and enforced under the primary lens of maintaining public health, safety, and general welfare. Given these considerations, the applicant removed the elimination of the Flood Constraint District in the latest zoning amendment proposal draft. Table 1 illustrates the final proposed changes to the status of the Constraint Districts. Constraint District Text Status Drainage Districts (S-DR) No changes Flood Districts (S-FL) No changes Shore Districts (S-SH) Remove Slope Districts (S-SL) No changes Soils District No changes Tsunami Districts (S-TS) No changes Sea Level Rise District (S-SLR) Add District Table 1: The final proposed bill removes the Shore (S-SH) Constraint District from the CZO and replaces this with the Constraint Sea Level Rise District. The remainder of this Director’s Report reflects the current updated proposed bill. Please refer to attached (Exhibit B) proposed draft bill language for further details. V.AMENDMENT JUSTIFICATION Removal of the Shore (S-SH) Constraint District The Comprehensive Zoning Ordinance (CZO), which was legislated in 1972, established the Constraint Districts, outlined in Section 8-12 of the Kauaʻi County Code. Constraint Districts specify regulations for parcels that contain certain physical, ecologic, or biologic 5 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 characteristics with the intention of alleviating site development problems. There are six Constraint Districts, which address issues pertaining to drainage, flooding, shoreline protection, steep slope, and unsuitable soils. At the time of enactment of the Constraint Districts, also known in the 1970 General Plan as “Development Restriction Zones”, there were no other comparable regulations in effect. The reasonings and objectives for each of the Development Restriction Zones are detailed in the 1970 General Plan. Of relevance to this proposed bill, the Shoreline Zone was created to better manage development in the shoreline area with the careful consideration of the impact proposed developments may have on coastal land, edge, and sea ecologies. Since the adoption of the CZO in 1972, additional rules and regulations addressing coastal zone management have been enacted at the County, State and Federal level. In 1975, the Planning Commission adopted the Special Management Area (SMA) Rules and Regulation of the County of Kauaʻi. The SMA designates areas along the shoreline that require special controls on development. In 2008, the County of Kauaʻi adopted it’s first Shoreline Setback Ordinance, which established a development prohibition zone along Kauaʻi’s shoreline to protect life, property, and resources from coastal hazards. Since its adoption, the County of Kauaʻi has approved several amendments to both the SMA Rules and Regulations and the Shoreline Setback. In recognition that the Shore District’s provisions are duplicative and outdated compared to other existing State and County rules and regulations, such as the County’s SMA Rules and Regulations and the Shoreline Setback policy, the bill proposes to remove the Shore Constrant District (S-SH). In other words, the existing policies governing coastal development provide more detailed, technical, and comprehensive provisions in addressing land concerns previously established under the Shore Constraint District. The Preliminary Evaluation Section of this report will go into further detail on the proposed removal of the Shore Districts (S-SH) as justified through the existing regulations and policies that are in place. Adding the Constraint Sea Level Rise District Global mean sea level is rising at accelerated rates due to the melting of glacier and ice sheets, expansion of warming ocean water, and groundwater mining and discharge to the ocean. According to the 2021 Intergovernmental Panel of Climate Change Sixth Assessment Report (AR6), it is “virtually certain” that global mean sea level will continue to rise over the 21st century. Higher sea level will manifest itself on land through chronic coastal hazard impacts: passive flooding, coastal erosion, and annual high wave run-up. As sea level rise accelerates, these chronic impacts will be exacerbated, thereby threatening coastal resources and the health and safety of Kauaʻi’s coastal communities. In anticipation of the effects of climate change, Hawaiʻi and the County of Kauaʻi has remained at the forefront of climate response efforts. In response to chronic coastal erosion due to sea level rise, the County of Kauaʻi amended its Shoreline Setback policy of the 6 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 CZO in 2014 to enforce an erosion rate-based setback based on the rate of historical shoreline change and the average depth of the lot. On a State level, in 2017, the State of Hawaiʻi Climate Change and Mitigation and Adaptation Commission adopted a Sea Level Rise Vulnerability and Adaptation Report (SLR Report). Following the recommendations provided in the SLR Report, the County of Kauaʻi adopted a 2035 General Plan in 2018, which explicitly called for integrating climate change risks into future land use, development, and infrastructure planning up to the year 2035. The SLR Report, with its corresponding Hawaiʻi Sea Level Rise Viewer2, provides hazard and vulnerability data and maps that can be used for land management decisions. From this data the County of Kauaʻi can generate its own sea level rise spatial and depth analysis for annual high wave run up and passive flooding generated from sea level rise, which can help to inform SLR regulatory strategies and standards on a parcel-level scale. The bill proposes the addition of a Constraint Sea Level Rise District, which outlines regulations, including design standards, in support of the climate change related goals and policies outlined in the Kauaʻi General Plan as well as in support of the recommendations detailed in the SLR Report. Incorporating resilient design standards into regulations can be an important tool in adapting to the impacts of climate change by alleviating the impact SLR has on development. Chronic coastal erosion due to SLR is also of concern; however, Article 27 of the CZO established specific shoreline setback requirements that address chronic coastal erosion as well as the added impact of sea level rise on shoreline erosion through its erosion rate- based setback. Therefore, regulations concerning the impact of coastal erosion can be enforced so within Article 27 of the Comprehensive Zoning Ordinance. It is also important to note that recent amendments to the State’s Coastal Zone Management Act, codified as Hawaiʻi Revised Statutes Chapter 205A, make variances for seawall construction within setback zones more difficult to obtain by prohibiting construction of private shoreline hardening and minimizing public shoreline hardening where there is a sandy beach and where structures interfere with existing recreational and waterline activities. Enforcing resilient design standards that increase the degree to which the built environment is able to cope with the adverse effects of SLR can help to lessen the demand for seawall construction. Please refer to the following Preliminary Evaluation for further discussion. VI.AGENCY COMMENTS Additional agency comments are forthcoming. See attached Exhibit D. 2 The Hawaiʻi Sea Level Rise Viewer is an interactive mapping tool in support of the State of Hawaiʻi Sea Level Rise Vulnerability and Adaptation Report. You can navigate to the viewer here: https://www.pacioos.hawaii.edu/shoreline/slr-hawaii/ 7 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 VII.PRELIMINARY EVALUATION In evaluating the proposed zoning amendment, the following aspects should be taken into consideration: Constraint Districts Pursuant to Section 8-12.1 of the K.C.C., the purpose of the Constraint Districts is as follows: The Constraint District specifies the additional performance required when critical or valuable physical, ecologic, or biologic characteristics of the environment exist on the same parcel where particular functions or uses may be developed. Further, the purpose of the Constraint Districts is expanded upon in Section 8-12.1 of the K.C.C. to include the following: (a)To implement the objectives of the six (6) Development Restriction Zones established in the General Plan. (b)To identify those areas where particular physical, biologic and ecologic characteristics of the land, water and atmosphere indicate that standard requirements for development, modification or use may be inadequate to insure the general health, safety or welfare of the public or the maintenance of established physical, geologic and ecologic forms and systems. (c)To insure that development, modification or use will not create substantial threats to health, safety and welfare of people, or to the maintenance of established physical, biologic, and ecologic forms and systems. (d)To permit development, modification or use when it can be shown, within the limits of available knowledge, that ecologic interrelationship will be improved or not significantly depreciated. (Ord. No. 935, November 14, 2012) As provided in Section 8-12.2 (a) of the K.C.C., there are six (6) Constraint Districts that are classified into the categories listed below: (a)Drainage Districts S-DR (b)Flood Districts S-FL (c)Shore Districts S-SH (d)Slope Districts S-SL (e)Soils Districts S-SO (f)Tsunami Districts S-TS 8 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Since the adoption of the Shore (Section 8-12.5) Constraint District of the K.C.C., additional rules and regulations have been enacted at the County and State level that are far more detailed and comprehensive in addressing those land use concerns previously established in the Shore Constraint District. The rules and regulations that overlap with the Shore Constraint District are detailed below. Shore Districts (S-SH) Evaluation of Ordinance Purpose Pursuant to 8-12.5 of the K.C.C., the purpose of the Shore Districts is as follows: To regulate development or alterations to shore and water areas which have unique physical and ecological conditions in order to protect and maintain physical, biologic, and scenic resources of particular value to the public. The Special Management Area (SMA) Rules and Regulations of the County of Kauaʻi also highlights the aim to regulate development to protect coastal areas and it’s resources: It is the State policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawai’i. Therefore, special controls on development within an area along the shoreline are necessary to avoid permanent loss of valuable resource and the foreclosure of management options, and to insure that adequate public access is provided to publicly- owned or used beaches, recreation areas, and natural reserves, by dedication or other means. The County of Kauaʻi’s SMA Rules and Regulations act in accordance to the State’s Coastal Zone Management Act, codified as Hawaiʻi Revised Statutes Chapter 205A, which incorporates objectives relating to the protection and preservation of physical, biologic, and scenic resources including, but not limited to, historic resources, coastal scenic and open space resources, valuable coastal ecosystems, beach and coastal dunes, and marine and coastal resources (please refer to HRS §§ 205A-2 for a complete list of objectives). Further, HRS §§ 205A Chapter 205A-21 also shares a similar purpose as the Shore District, stating: The legislature finds that, special controls on developments within an area along the shoreline are necessary to avoid permanent losses of valuable resources and the foreclosure of management options, and to ensure that adequate access, by dedication or other means, to public owned or used beaches, recreation areas, and natural reserves is provided. The legislature finds and declares that it is the state policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii. [L 1975, c 176, pt of §1; am L 1977, c 188, §5] 9 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 In addition to the Special Management Area policy, the County of Kauai’s Shoreline Setback and Coastal Protection policy, outlined in Article 27, regulates the location and type of development near the shoreline with the following intention: … to protect life and property, provide access to and along the shoreline, protect and preserve Native Hawaiian cultural resources and communities threatened by sea level rise, ensure the longevity and integrity of Kauai’s coastal and beach resources along Kauai’s shoreline and to strengthen shoreline setback requirements in this Article by incorporating science-based erosion rates established in the Kauai Coastal Erosion Study and current coastal hazard mitigation best practices and strategies. (Ord. No. 979, December 5, 2014; Ord. No. 1088, February 4, 2021) In summary, the stated purpose of the State and County Coastal Zone Management policies mirror the Shore Constraint District’s intention to regulate development in shoreline areas to preserve physical, biologic, and scenic coastal resources. Evaluation of Regulatory Guidelines and Provisions In order to accomplish its purpose, the Shore Constraint District outlines provisions for (please refer to Sec. 8-12.5 for the exact language and details of provisions): (1)Requiring that development proposals will not cause significant harm to or interference with natural resources, scenic resources, safety or health, and public use of the ocean waters or underlying lands; (2) Regulating the locations, design and construction standards, facilities, and monitoring information requirements for marinas and harbors; (3) Regulating the location of and the design and construction standards for shoreline protection structures; and (4)Controlling dredging, excavation, and filling that may impact the water or shore zone of the ocean Compared to the Shore Constraint District, the SMA Rules and Regulations provide a more technical and thorough process in regulating coastal development. Any use, activity, or operation proposed within the SMA defined as “development” shall be subject to the SMA filing, assessment, and determination procedure (detailed in Section 7.0). This entails the applicant to complete an SMA Permit Assessment. The information required as part of the SMA Permit Assessment expands upon the information required for the Shore Constraint District. For example, the applicant is required to provide a written description of the affected environment and a written statement evaluating the proposed development in relation to the objectives and policies of the State’s Coastal Zone Management Act and the guidelines of the SMA. In the SMA Permit Assessment process, additional information may also be requested, such as an Environmental Impact Statement (EIS) or a certified shoreline survey in order to assess if and how the development proposal may interfere with 10 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 coastal resources. Based off of the information provided in the filing of the SMA Permit Assessment, the Director shall issue a determination that is based on a criterion consisting of the valuation of the proposal, the nature of the development, and the potential effects and the significance of each specific circumstance of the proposed development. No proposed developments may take place within the SMA unless a Special Management Area Minor Permit, Special Management Area Use Permit, or Special Management Area Emergency Permit is granted. Compared to the provisions set forth in the Shore Constraint District, this SMA process provides a much more expansive and comprehensive regulatory reviewal process. Provisions within the Shore Constraint District are also covered by the regulations detailed in the County of Kauai’s Article 27 Shoreline Setback and Coastal Protection policy. The shoreline setback determination is made through a criterion composed of the size of development, the average lot depth, and a coastal erosion study. Unless permitted (see Section 8-27.7 of Article 27 of the K.C.C. for details), no new developments may take place within the shoreline setback area unless a variance is granted. In regard to Shore Constraint District regulations pertaining to harbors and marinas, these critical infrastructure facilities are regulated under the jurisdiction of the State Department of Transportation as well as the Department of Land and Natural Resources Division of Boating and Ocean Recreation (DOBAR). It should also be noted that the County of Kauaʻi adopted the Special Treatment Coastal Edge (ST-CE) District in 2020. The ST-CE includes areas that are highly vulnerable to coastal hazards, including but not limited to sea level rise, coastal erosion, high wave run- up, passive flooding, and an increased frequency and intensity of storm. Any proposed uses, structures, or development within the ST-CE requires a Use Permit. Furthermore, any use, structure, or development permitted with or without a Use Permit in the ST-CE shall mitigate impacts from coastal hazards, including but not limited to sea level rise, coastal erosion, high wave run-up, passive flooding, and an increased frequency and intensity of storms. (Ord. No. 935, November 14, 2012; Ord. No. 1085, December 3, 2020). The ST- CE adds another layer of coverage in regulating development in coastal areas. Adding the Sea Level Rise Constraint District will include an additional layer of analysis in ensuring that development proposals will not cause significant harm to public health and safety from sea level rise hazards due to climate change. While the ST-CE and Sea Level Rise Constraint Distict are both aimed at identifying areas vulnerable to coastal hazards and mitigating sea level rise impacts, the Sea Level Rise Constraint District differs from the ST-CE in that it provides specific provisions, including design standards, that aim to accommodate coastal hazard impacts specifically from passive flooding and annual high wave run-up, whereas the ST-CE has yet to prescribe specific provisions. In summary, the provisions outlined in State and County rules and regulations provide more comprehensive and technical regulations that are more effective at fulfilling the Shore 11 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Constraint District’s stated purpose. Please refer to Exhibit E for an illustration of the Federal, State and County policies which provide coverage for all of the provisions outlined in the Shore Constraint District. Evaluation of Lands Included The provisions outlined in the Shore Constraint District are applied to the greater of the following shoreline areas (land and water): (a) That area where the Planning Director determines that there is significant interrelationship between the physical, biologic, or ecologic forms or systems characteristic of the shore area; (b) From the low water mark to forty (40) feet inland from the upper reaches of the wash of waves other than storm or tidal waves (or twenty (20) feet in those cases as are provided for by the rules of the State Land Use Commission implementing Chapter 205, H.R.S.). The Shore District also states that “within five (5) years after September 1, 1972 the Planning Commission shall prepare a Shoreline Special Treatment Zone Plan. The plan upon adoption by the Planning Commission shall determine the boundaries of the Shore District.” While no Shoreline Special Treatment Zone Plan was adopted, the Special Management Area Rules and Regulations do have adopted spatial maps that delineate the boundaries in which the Rules and Regulations of the SMA is to be administered and enforced: Special Management Areas as delineated on the maps filed with the Planning Commission and the office of the County Clerk as of June 8,1977 or as amended pursuant to Section 205A-23, HRS, and Section 18.0 of the Rules and Regulations shall be the official Special Management Area to be administered and enforced under these Rules and Regulations. Furthermore, the County’s Shoreline Setback and Coastal Protection policy is also applicable to the following: …all lands within the County of Kaua‘i where structures and/or prohibited activities are proposed within five hundred (500) feet of the shoreline. (Ord. No. 979, December 5, 2014; Ord. No. 1088, February 4, 2021) It is also worth noting that the lands within the Kauaʻi Sea Level Rise Constraint District were identified by data used in the creation of the Hawaiʻi Sea Level Rise Vulnerability and Adaptation Report. The methodology and data was provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and 12 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 published under Anderson et al 2018. This methodology is far less arbitrary than the methods used in delineating the lands included in the Shore Constraint District, which is discretionary in nature. This methodology is also more technically informed than the boundaries of the ST-CE, which includes neighborhoods vulnerable to sea level rise that are located makai of a public road. Please refer to Exhibit C, which displays the spatial boundaries of the Shore Constraint District and the proposed Sea Level Rise Constraint District. General Plan The proposed bill is in alignment with the following goals and policies of the General Plan, which emphasize resiliency, safety, and preparing for climate change: A.Section 1.3, entitled “Visions and Goals” 1)Goal #3: “A Healthy and Resilient People”- The General Plan’s GOAL #3 seeks to “increase the resilience and vitality of Kauaʻi’s communities and promote better health outcomes through improving the natural, built, and social environment and responding to the impacts from climate change.” The proposed Constraint Sea Level Rise District will help to mitigate impacts sea level rise will have on Kauaʻi’s built environment; thereby increasing the resiliency of Kauaʻi’s communities. Doing so also better ensures community health and safety, such as by lessening the chance that rescue and relief efforts associated with sea level rise flooding will be necessary. B.Section 1.4, entitled “Policies to Guide Growth” 1)Policy #14: “Prepare for Climate Change”- The General Plan’s Policy #14 recognizes that “climate change and resulting sea level rise (SLR) are evidenced and documented on global, national, as well as local levels.” Policy #14 also acknowledges that while there is uncertainty with the data forecasts, we should use “the best available science for our island” which “indicates we should plan for at least three feet of sea level rise.” The policy also recognizes that it is the government’s kuleana (responsibility) to “provide direction to prepare our island for increased coastal hazards and their impacts to businesses, homes, roadways, drinking water, and ultimately health and safety.” The proposed Constraint Sea Level Rise District will be a step towards proactively preparing for climate change by enforcing provisions that advance adaptation efforts to passive flooding and annual high wave run-up hazard impacts due to sea level rise. Additionally, the General Plan specifies actions that are tied to the overarching goals and policies outlined above. Some of the key policies associated with “Permitting and 13 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Code Changes” are summarized in the text below: A.Section 3.0, entitled “Actions by Sector” 1)Sector I. The Watershed: “Kahakai- Coastal Areas and Shorelines” a.The General Plan call for the action to “minimize coastal hazard risks through planning and development standards that: a) ensure the safety of individuals, families, and communities within coastal hazards areas and communicate the dangers to residents and tourists.” The action also acknowledges that if hazard risks are unavoidable, there should be action to “minimize hazard risks to new development over the life of authorized structures” as well as “ensure property owners assume the risks associated with new development in hazardous areas.” The proposed Constraint Sea Level Rise District supports this permitting and code change action by minimizing hazard risks to new development and ensuring public safety through provisions that adopt design standard best practices to accommodate coastal hazard impacts resulting from passive flooding and annual high wave run-up. A primary purpose of the Sea Level Rise Constraint District is also to ensure that those who occupy areas that are projected to be impacted by SLR acknowledge and assume responsibility for their actions. b.The General Plan also highlights the need to “update the Shore District in relation to the SMA regulations.” The proposed bill acknowledges that the Shore Constraint District contains duplicative and outdated provisions, and that the SMA Rules and Regulations provide more comprehensive provisions in addressing land concerns previously established under the Shore District. 2)Sector IX. Public Safety & Hazards Resiliency: “Global Warming and Climate Change Adaptation” a.The General Plan states an action to “regularly review and refine relevant policies, rules, and regulations based on the most currently available climate and hazard science and projections.” The proposed bill utilizes the data generated through the studies and analysis for the SLR Report to inform the Sea Level Rise Constraint District. The proposed bill also utilizes the 3.2 feet sea level rise projection, which was the recommended projection to plan for the future as of now. b.Another action outlined in the General Plan is the need to “support implementation of the Hawaiʻi Climate Adaptation Initiative (Act 83).” The proposed bill supports the implementation of Act 83 by utilizing the data and supporting the recommendation from the SLR Report. It is also important to note that during the General Plan process, the need to review and eliminate outdated regulations in the Constraint Districts was mentioned. An opportunity highlighted in the “Issues and Opportunities” Section of the White Paper 14 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 prepared under the Second Phase of the General Plan process, was for the “Constraint Districts, in particular, can be reviewed by the County to eliminate regulations that are no longer relevant, to improve the effectiveness of relevant regulations, and to simplify zoning administration.” By eliminating the Shore Constraint District, the proposed bill is supporting the removal of antiquated regulations that are covered by more comprehensive rules and that hinder the effectiveness of relevant regulations. Please refer to Exhibit F, for a more comprehensive list of outlined actions within the General Plan that support the adoption of the proposed bill. Community Development Plans The Community Development Plans, which further builds upon the direction set forth in the General Plan, also details region-specific policies, objectives, goals, and actions that support the provisions detailed in the proposed bill. For instance, the 2018 West Kauaʻi Community Plan (WKCP), highlights climate change and resiliency: A.Section 2.0, entitled “Regional Policies” 1)Resiliency: “Value Statement”- The WKCP emphasizes that “West Kauaʻi must prepare for climate change, such as higher temperatures, SLR, and changing precipitation patterns. These impacts threaten residents by affecting housing, infrastructure, jobs, and arable land. Through proactive measures and solutions grounded in resiliency, sustainability, and the Hawaiian concept of ‘āina aloha (beloved homeland), West Kaua‘i’s people can strengthen their ability to withstand and recover from hazards and the impacts of climate change." The proposed Constraint Sea Level Rise District will provide proactive accommodation measures to help the West Kauaʻi District prepare for sea level rise impacts due to climate change. 2)Resiliency Policy # 1: “Adapt West Kaua‘i’s lowlying neighborhoods for climate change impacts and lay the groundwork for managed retreat.”- In order to adapt West Kauaʻi’s low-lying neighborhoods for climate change impacts, the WKCP states that “improved development standards and managed retreat strategies should be employed. Identify areas that are highly vulnerable to coastal hazards, including but not limited to SLR, coastal erosion, high wave run-up, passive flooding, and an increased frequency and intensity of storms. Ensure that if development occurs within these areas, the development is constructed in a manner that safely mitigates those impacts." The proposed bill supports this policy by identifying areas vulnerable to high wave run-up and passive flooding in order to apply design standards to mitigate these coastal hazard impacts. While updated prior to the General Plan update, the 2015 Līhuʻe Community Plan and 15 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 the 2015 South Kauaʻi Community Plan contains statements which also support the proposed Sea Level Rise Constraint District. Please refer to Exhibit F, for additional supporting statements from the Community Development Plans. Hawaiʻi Sea Level Rise Vulnerabilty and Adaptation Report In 2017, the State of Hawaiʻi Climate Change and Mitigation and Adaptation Commission adopted the Hawaiʻi Sea Level Rise Vulnerability and Adaptation Report (SLR Report). The report provides the first state-wide assessment of Hawaii’s vulnerability to sea level rise and recommendations to reduce our exposure and sensitivity to sea level rise and increase our capacity to adapt. The proposed bill is in alignment with the following recommendations that are outlined in the SLR Report: A.Recommendation 1: Support sustainable and resilient land use and community development 1)Recommendation 1.1: Recognize the SLR-XA as a state-wide vulnerability zone- The SLR Report highlights that “State and County agencies may consider officially recognizing the SLR-XA as a state-wide vulnerability zone through legislative or executive action” which could then be “employed by agencies to formulate comprehensive adaptation strategies incorporating many of the tools and concepts,” such as “strengthening flood design standards for re- development within the SLR-XA and other flood hazard areas where large-scale managed retreat is infeasible at this time.” The proposed addition of the Sea Level Rise Constraint District supports the utilization of sea level rise exposure area (SLR-XA) data to create a Constraint District with specific flood design standards for re-development. B.Recommendation 2: Prioritize smart urban redevelopment outside the SLR-XA and limit exposure within the SLR-XA 1) Recomendation 2.6: Develop design standards for existing and proposed land uses that limits urban growth and increases flood resiliency within the SLR-XA- To limit exposure within areas vulnerable to sea level rise impacts, the SLR Report recommends that “State and Counties should develop standards applicable for managing flood risk within the SLR-XA.” Similarly to the previous the aforementioned recommendation, the proposed Sea Level Rise Constraint District is in alignment with this recommendation by incorporating design standards to manage flood risk within the areas projected to be exposed to passive flooding and annual high wave run-up hazards. VIII. PRELIMINARY CONCLUSION Based on the foregoing findings and evaluation, it is concluded that the proposal is reasonable and appropriate. COUNTY OF KAUA‘I PLANNING DEPARTMENT v:\2022 master files\amendments\zoning\za-2022-12\reports\report-1 6.28.22_za-2022-12 slr constraint district ordinance.docx Ka‘āina S. Hull Director of Planning Jodi A. Higuchi Sayegusa Deputy Director of Planning Exhibit A: Original proposed bill 1 ORDINANCE NO. BILL NO. A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 12 KAUA‘I COUNTY CODE 1987, AS AMENDED, RELATING TO CONSTRAINT DISTRICT(S). SECTION 1. Finding and Purpose. The Council finds that rapid warming of the atmosphere and oceans is increasing sea level rise that threatens our natural and built environments. The Council also finds that the State of Hawaii Climate Change and Mitigation and Adaptation Commission adopted a Sea Level Rise Vulnerability and Adaptation Report. The Report with its corresponding Hawaii Sea Level Rise Viewer provide hazard and vulnerability data and maps that can be used for land management decisions. The Council also finds that the Hawaii Sea Level Rise Viewer models three specific sea level rise hazards associated to increase within this century: chronic coastal erosion, annual high wave run up, and passive flooding. With data generated through the studies and analysis for the State of Hawaii Sea Level Rise Vulnerability and Adaptation Report, the Count of Kauai can generate its own sea level rise spatial and depth analysis for annual high wave run up and passive flooding generated from sea level rise The Council also finds that the Comprehensive Zoning Ordinance has two relatively outdated and redundant Constraint Districts, the Constraint Shoreline District (S-SH) and Flood District (S-FL). Both of these Constraint Districts are now covered by much more comprehensive rules and regulations with the Special Management Area Rules and Regulations and the Floodplain Management Ordinance, respectively. The Council also finds that Article 27 of the Comprehensive Zoning Ordinance establishes specific shoreline setback requirements to address chronic coastal erosion as well as the added impact of sea level rise on shoreline erosion. Any additional regulations concerning sea level rise impacts on coastal erosion should be done so within Article 27 of the Comprehensive Zoning Ordinance The purpose of this ordinance is to amend the Comprehensive Zoning Ordinance’s Constraint Shoreline District (S-SH) and Flood District (S-FL) to become the Constraint Sea Level Rise District to address sea level rise impacts on annual high wave run up and passive flooding projected to occur within this century by a County of Kauai Sea Level Rise Constrain District Viewer. SECTION 2. Sec. 8-12.4 Flood District (S-FL) and Sec. 8-12.5 Shore Districts (S-SH), Kaua‘i County Code 1987, as amended is hereby amended to read as follows: [Sec. 8-12.4 Flood District (S-FL). 2 (a)Purpose. (1)To minimize the threat to public health and safety due to periodic inundation by storm water. (2)To maintain the characteristics of flood plain areas which contribute to ground water recharge, storm water storage, silt retention and marine water quality. (b)Lands Included. All lands subject to flooding and identified as flood fringe, floodway, and general flood plain areas by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the County of Kaua‘i,” dated March 9, 1987, with accompanying Flood Insurance Rate Maps. (c)Requirements for Development Within a Flood District. No Zoning, Building, or Use Permit shall be issued, nor shall any use requiring the development, grading or alteration of any portion of the Flood District be permitted, unless the applicant establishes conformity with the requirements of this Section. (1)Applications shall include: (A)Development plans indicating: (i)The location, size, nature, and intended use of all buildings, roads, walkways and other impervious surfaces; (ii)Limits and extent of all clearing and grading operations; grading plans showing existing and revised contour lines; cross sections showing cuts and fills anticipated; angles of slopes and structural appliances such as retaining walls and cribbing; (iii)Sizes and locations of existing and proposed surface and subsurface drainage with expected quantities, velocities, and treatment of outfalls; (iv)Provisions for siltation and erosion control during construction and plans for revegetation of all cleared or graded areas not covered by impervious surfaces; (v)Identification of flood hazards on the site, including the delineation of the floodways and base flood elevations. (B)When required by the Department of Public Works, hydrologic and geologic reports showing the effects of the development on ground water recharge, storm water retention and marine water quality shall be submitted. (C)When required by the Planning Director, an environmental impact study indicating critical areas of concern and the effects of the proposed development on physical, geologic, ecologic and environmental forms and systems such as downstream water quality, flood plains, wildlife, vegetation and marine ecologies, visual and historic amenities, and air or ground water pollution. (2)The use, structure and development, if required, shall be subject to additional construction and development standards provided in Sec. 15-1, Flood Plain Management. (3)The applicant shall demonstrate to the satisfaction of the Planning Director, the Department of Public Works, and the Manager and Chief Engineer of the County Water Department that the proposed development will not have a detrimental effect on 3 the ecology of the area and that the potential damage to public utility, traffic service systems, as a result of the development, has been substantially eliminated. (d)Modification of Requirements. The requirements of this Article shall not apply where the applicant demonstrates to the satisfaction of the Department of Public Works that the area in question should not have been included in the Flood District under the criteria established in Subsection (b). Sec. 8-12.5 Shore Districts (S-SH). (a)Purpose. To regulate development or alterations to shore and water areas which have unique physical and ecological conditions in order to protect and maintain physical, biologic and scenic resources of particular value to the public. (b)Lands Included. (1)The Shore District includes the greater of the following shoreline areas (land and water): (A)That area where the Planning Director determines that there is significant interrelationship between the physical, biologic, or ecologic forms or systems characteristic of the shore area; (B)From the low water mark to forty (40) feet inland from the upper reaches of the wash of waves other than storm or tidal waves (or twenty (20) feet in those cases as are provided for by the rules of the State Land Use Commission implementing Chapter 205, H.R.S.). (2)Within five (5) years after September 1, 1972 the Planning Commission shall prepare a Shoreline Special Treatment Zone Plan. The plan upon adoption by the Planning Commission shall determine the boundaries of the Shore District. (c)Requirements for Development Within the Shore District. No Zoning, Building or Use Permit shall be issued, nor shall any use requiring the development, grading or alteration of any portion of the Shore District be permitted, unless the applicant establishes conformity with the requirements of this Section. (1)Applicants for permits shall furnish an Information Report prepared by a person or firm qualified by training and experience to have expert knowledge of the subject. The Planning Director shall determine the adequacy of the report and may require the submission of further information where necessary. The report shall provide information regarding the existing ocean conditions and regarding probable effects of the proposed structures, development, or alterations, as follows: (A)With respect to existing conditions, the report shall describe the configuration of the shore; the nature, magnitude, and periodicity of Shore District forces such as wind, waves and currents, as they affect the Shore District; the origin, nature and volume of materials composing the shoreline; the physical and biologic characteristics and the rate of Shore District change over time under both natural and proposed artificial conditions. (B)With respect to probable effects of the proposed construction, the applicant shall define a design wave (usually the mean height and period of the highest one- 4 third (1/3) of the waves of a given wave group, including storm surge and tsunami), the design water level of the ocean, the foundation conditions, and the construction materials, and shall state how the proposed design and construction operations will minimize disruption of the natural system. (C)With respect to assessing the quality of the proposed construction, the applicant shall describe alternatives to the proposed construction that were considered and why each was rejected, in terms of environmental quality and economic feasibility, including as one alternative the choice of no construction. (2)Before a permit may be granted, the applicant shall establish that the proposed alteration, construction or activity will not cause significant harm to: (A)The water quality of the ocean, including, but not limited to, its clarity, temperature, color, taste and odor; (B)Fish and aquatic habitats; (C)The natural beauty of the area; (D)Navigation, safety or health; or (E)Would not substantially interfere with public use of the ocean waters or underlying lands; and (F)That other facilities are unavailable to the applicant. (3)Marinas and harbors shall not be permitted in the following locations: (A)Areas where, due to the amount of unconsolidated materials, wave and current energy, shoreline configuration, and other pertinent factors, beach erosion is likely to occur; (B)Unstable locations; (C)Areas designated by the Planning Commission as being of unique scenic beauty which should be retained in their natural condition; (D)Areas where there is no demonstrable public need for a new marina or harbor; (E)In areas so that the standards established in Subsection (c)(2) are violated; (F)Use Districts where marinas and harbors are not permitted uses. (4)Marinas and harbors, when permitted, shall be located in the following areas unless the Planning Commission determines that the site would be inconsistent with the objectives of this Chapter or the applicant can demonstrate that such an area is unavailable and that the alternative site chosen will be consistent with the purposes of this Chapter. (A)In deeper water in order to minimize the need for dredging; (B)In natural inlets to avoid use of breakwaters; (C)In an area designated for marinas and harbors on the General Plan. (5)Design and Construction Standards. (A)Floating piers or piers on pilings shall be used to provide access to boats, rather than dredging, whenever possible. 5 (B)Where dredging is permitted, spoil material shall not be deposited in the water. (C)Where a barrier wall is required in connection with a marina, or harbor, it shall be carried deep enough below the bottom to prevent movement of back-fill materials into the water. (D)Materials used to stabilize the bottom of the marina or harbor for pier structures shall be chemically inert sand, gravel, or similar substances. (6)Shore Facilities. Restrooms, pump-out facilities for boat sewage receptacles, and trash receptacles for other boat wastes shall be provided at a marina or harbor. (7)Monitoring Information Requirements. The owner or operator of a marina or harbor may be required to furnish information concerning water quality, current patterns and intensities, shore alterations, and any other conditions which may be altered by the construction of the marina or harbor for a reasonable period after completion of the facility. (8)Location of Shoreline Protective Structures. To prevent local beach loss, shoreline protective structures shall be used only where protection of the back-shore is of greater importance than beach preservation, or where less disruptive methods have failed. The following design and construction standards shall apply: (A)Sloping permeable revetments shall be used when barriers are permitted. (B)Seawalls and bulkheads shall be permitted only when the applicant is able to demonstrate that revetments are not feasible and that the alternative structure will cause no undue beach erosion. (C)Shoreline barriers shall not be constructed of unstable or soluble materials. (9)There shall be no fill placed in the Shore District except at those locations where the fill is found to be beneficial to existing water quality or Shore District conditions. (10)There shall be no dredging, removal or rearrangement of materials within the water or shore zone of the ocean. Dredging or excavation performed in the course of construction for which a permit has been approved under the terms of this Chapter shall be considered dredging or excavation for the purpose of this Section. (d)Permits Required. (1)A Class IV Zoning Permit is required for any construction, development, use or activity proposed to be carried out within forty (40) feet of the upper reaches of the wash of waves other than storm or tidal waves, or within the shoreline setback area as established by the State Land Use Commission pursuant to Chapter 205, H.R.S., whichever is the lesser. The Planning Commission shall issue a permit only if the requirements of both Chapter 205, H.R.S. and this Chapter have been met. (2)A Class III or Class IV Zoning Permit, depending upon the requirements established for the underlying Use District in which the proposed construction, development, use or activity is located, is required for undertakings in the Shore District established by this Chapter located landward of the shoreline setback area defined in Subsection (d)(1). The Planning Director or Planning Commission shall issue a permit only if the requirements of this Chapter have been met. 6 (e) Modification of Requirements. The requirements of this Article shall not apply where the applicant demonstrates to the satisfaction of the Planning Director that the area in question should not have been included in the Shore District under the criteria established in Subsection (c)(1). ] Sec. 8-12.4 Sea Level Rise District (S-SLR). (a) Purpose. (1) To minimize the threat to public health and safety due to sea level rise that increases the impacts of annual high wave run up and passive flooding. (2) To promote resilient planning and design. (3) To minimize the expenditure of public money for costly flood control projects necessitated from sea level rise impacts. (4) To minimize the need for rescue and relief efforts that are associated with sea level rise flooding and generally undertaken at the expense of the general public. (5) To ensure that those who occupy areas that are projected to be impacted by sea level rise acknowledge and assume responsibility for their actions (b) General Provisions (1) Lands Included. All lands subject to annual high wave flooding and passive flooding impacts projected by the Kauai Sea Level Rise Constraint District Viewer (with 3.2 feet of sea level rise anticipated to occur by the year 2100) and within the County of Kauai Sea Level Rise Constraint District (S-SLR). (2) Compliance. No structure shall be constructed, located, extended, converted, or altered without full compliance with the terms of this Article or other applicable regulations. (3) Other Laws and Regulations. All construction and improvements subject to this Article shall comply with other applicable laws and regulations, including but not limited to, the Flood Plain Management Ordinance, Building Code, Electrical Code, Plumbing Code, Subdivision Ordinance, Special Management Area Rules and Regulations, and Sediment and Erosion Control Ordinance. In case of a conflict between this Article and the requirements of any other Federal, law, State law, or County ordinance, such as the Flood Plain Management Ordinance, the more restrictive requirements shall apply. (4) Interpretation. In the interpretation and application of this Article, all provisions shall be: 7 a. Considered as minimum requirements; b. Liberally construed in favor of the County; and c. Deemed neither to limit nor repeal any other requirement, power, or duty prescribed under Federal, State, or County statutes. (5) Warning and Disclaimer of Liability. The degree of sea level rise protection required by this Article is considered reasonable for regulatory purposes and is based on scientific considerations. Larger floods and hazards can and will occur on occasions. Sea level rise flood elevations may be increased by human or natural causes. This Article does not imply that land outside the area of the Constraint Sea Level Rise District or uses permitted within such area will be free from damage. This Article shall not create liability on the part of the County of Kaua‘i, any officer, or employee for any damages that result from reliance on this Article or any administrative decision lawfully made based on this Article. (c) Definitions “Annual high wave run up” is the distance over which the maximum annually occurring significant wave height and associated peak period run-up and wash across the shoreline. “Basement” means the portion of a building having its floor subgrade (below ground level) on all sides. “Building footprint” shall mean all parts of a main building (excluding roof overhangs) that rest on the ground directly or indirectly, including those portions of the building that are supported by posts, piers, or columns. Building footprint also includes attached garages, covered carports, bay windows with floor space, lanais, decks, cantilevered decks. This definition does not include vertical access, such as stairs or ramps. “County” means the County of Kaua‘i. “County Engineer” means the County Engineer of the County of Kaua‘i or his/her authorized representative. “Flood or flooding” means a general condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal water resulting from any source, such as tsunamis, or the unusual and rapid accumulation of runoff or surface waters from any source. “Kauaʻi Sea Level Rise Constraint District Viewer” is an online atlas generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 8 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, for the purposes of this Article, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter. “Passive flooding” is flooding of low coastal lands due to sea level rise potentially from multiple sources, including but not limited to a rising groundwater table, seawater flowing from the ocean through storm drains and out into urban areas (storm drain backflow from the ocean), and seawater flowing directly across the shoreline into lands that lie below the water level. “Planning Director” means the Planning Director of the Planning Department of the County of Kaua‘i. “Sea level rise flood elevation (SLRFE)” the individual depth per grid unit provided by the County of Kauai Sea Level Rise Constraint District Viewer for both the high wave run up hazard and the passive flooding hazard when either of those are associated with 3.2 feet of sea level rise occurring by year 2100. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. “Substantial improvement” means any combination of repairs, reconstruction, improvements, or additions or other improvements to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The cost of any substantial improvement, including the cost to repair damage to pre-damage condition, shall be reviewed and determined by the County Engineer or his/her authorized representative. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of a State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a “historic 9 structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” (d) Design Standards. (1) Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) Elevation. a. Residential Structures. All new construction and substantial improvements shall have the lowest floor (including basements) elevated at least two (2) feet above the highest sea level rise flood elevation (SLRFE) located within the respective building footprint. This additional two (2) feet shall be calculated from the top of the SLRFE to the bottom of the lowest horizontal structural member of the lowest floor, excluding pilings, columns, and vertical accesses. Fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access, or storage in an area other than a basement shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvres, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. b. Nonresidential Structures. All new construction and substantial improvements shall elevate the lowest floor, including basement, at least one (1) foot above the highest sea level rise flood elevation located within the respective building footprint. This additional one (1) foot shall be calculated from top of the SLRFE to the bottom of the lowest horizontal structural member of lowest floor, excluding pilings, columns, and vertical accesses. (3) Fill is prohibited for structural support (4) No machinery or equipment that service a building, such as furnaces, air conditioners, heat pumps, hot water heaters, washers, dryers, elevator lift equipment, electrical junction and circuit breaker boxes, and food freezers, are 10 permitted below the respective sea level rise depth value located within the respective space the machinery is proposed to be situated. (5) All interior wall, floor, and ceiling materials located below the sea level rise flood elevations must be unfinished and resistant to flood damage. The design standards set forth in the American Society of Civil Engineers (ASCE) 24 Flood Resistant Design and Construction shall be followed. (6) Front, Rear, and Side Setback Areas. The following may be located within the required setback areas: a. Front, Rear, and Side Setback Areas: structures and improvements used for vertical access from grade to the elevated structure, such as stairs or ramps. b. Rear and Side Yards: flood protection equipment, and structures housing mechanical equipment above the required SLRFE. (7) All design standards shall conform, at a minimum, to the Kaua‘i County Code’s Floodplain Management Regulations (See Title V, Chapter 15, Article 1 Floodplain Management). Additionally, per the State Building Code Council, as of November 13, 2020 Kaua‘i County is required to adopt the 2012 International Building Code Council and will be required to adopt the 2018 International Building Code in timeframes determined by the State Building Code Council. The 2012 International Building Code incorporates, by reference, that the American Society of Civil Engineers (ASCE) section 24-05 Flood Resistant Design and Construction be followed. The 2018 International Building Code incorporates, by reference, that the American Society of Civil Engineers (ASCE) section 24-14 Flood Resistant Design and Construction be followed. The current versions of the IBC and ASCE Flood Resistant Design and Construction shall be followed and the more stringent criteria will comply where conflicts arise with the SLRFE. (e) Nonconforming Structures Any nonconforming structure existing on the effective date of this ordinanc may continue subject to the following conditions: (1) Any repair, reconstruction, improvement, or addition to a nonconforming structure; if it is determined to be substantial improvement or repair of substantial damage, it shall comply with the applicable standards for new construction in the Constraint Sea Level Rise District. However, a repair, reconstruction, improvement, or addition to a nonconforming structure will not have to comply with the applicable standards for new construction if it meets one of the following criteria: (1) any project for improvement of a structure to correct existing violations of a State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the 11 minimum necessary to assure safe living conditions, or (2) any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” (2) Replacement or reconstruction of a destroyed or demolished nonconforming structure is considered new construction regardless of the actual work performed and shall comply with the applicable standards of this Article. (3) All relocated structures shall comply with the standards of the Article. (f) Determination of Exemption (1) Standards. A Determination of Exemption from the design standards of this Article may be issued by a joint determination of the County Engineer and the Planning Director where the applicant can demonstrate that the proposal will not increase sea level rise flood heights, create additional threats to public safety, create extraordinary public expense, create nuisances, or conflict with existing local laws or ordinances. (2) Request for Determination of Exemption. A request for Determination of Exemption shall be submitted to the Planning Director and the County Engineer. The application shall be signed and stamped by a registered professional engineer or architect, and it shall include three (3) sets of documents with the following information as may be required by the Planning Director and the County Engineer. a. Plans and specifications showing the site and location; dimensions of all property lines and topographic elevation of the lot; existing and proposed structures and improvements, fill, storage area; location and elevations of existing and proposed streets and utilities; relationship of the site to the location of the Sea Level Rise Constraint District, flood boundary; floodway; and the existing and proposed flood control measures and improvements. b. Cross-sections and profile of the area and the regulatory SLRFE elevations and profile based on elevation reference marks on flood maps. c. Flood study and drainage report in areas where study and report have not been reviewed and accepted by the County. d. Description of surrounding properties and existing structures and uses and the effect of the regulatory flood on them caused by the determination of exemption. e. An agreement, executed by the property owner, that a covenant will be inserted in the deed and other conveyance documents of the property and 12 filed with the Bureau of Conveyances of the State of Hawai‘i stating that the property is located in the Sea Level Rise Constraint District and is subject to flooding and flood damage; that a determination of exemption to construct a structure below the SLRFE may result in increased flood risks to life and property; that the property owners will not file any lawsuit or action against the County for costs or damages or any claim; that the property owners will indemnify and hold harmless the County from liability when such loss, damage, injury, or death results due to the determination of exemption and flooding of the property; and that upon approval of the determination of exemption, the covenants shall be fully executed and proof of filing with the Bureau of Conveyances shall be submitted to the County Engineer prior to the issuance of a building permit. f. Such other information as may be relevant and requested by the Planning Director and the County Engineer. SECTION 3. Severability Clause. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. SECTION 4. Material to be repealed is bracketed. New material is underscored. When revising, compiling, or printing this Ordinance for inclusion in the Kaua‘i County Code 1987, as amended, the brackets, bracketed material, and underscoring need not be included. SECTION 5. This Ordinance shall take effect upon its approval. Introduced by: DATE OF INTRODUCTION: COUNTY OF KAUA‘I PLANNING DEPARTMENT v:\2022 master files\amendments\zoning\za-2022-12\reports\report-1 6.28.22_za-2022-12 slr constraint district ordinance.docx Ka‘āina S. Hull Director of Planning Jodi A. Higuchi Sayegusa Deputy Director of Planning Exhibit B: Final proposed bill 1 ORDINANCE NO. BILL NO. A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 12 KAUA‘I COUNTY CODE 1987, AS AMENDED, RELATING TO CONSTRAINT DISTRICT(S). SECTION 1. Finding and Purpose. The Council finds that rapid warming of the atmosphere and oceans is increasing sea level rise that threatens our natural and built environments. The Council also finds that the State of Hawaii Climate Change and Mitigation and Adaptation Commission adopted a Sea Level Rise Vulnerability and Adaptation Report. The Report with its corresponding Hawaii Sea Level Rise Viewer provide hazard and vulnerability data and maps that can be used for land management decisions. The Council also finds that the Hawaii Sea Level Rise Viewer models three specific sea level rise hazards associated to increase within this century: chronic coastal erosion, annual high wave run up, and passive flooding. With data generated through the studies and analysis for the State of Hawaii Sea Level Rise Vulnerability and Adaptation Report, the Count of Kauai can generate its own sea level rise spatial and depth analysis for annual high wave run up and passive flooding generated from sea level rise The Council also finds that the Comprehensive Zoning Ordinance has a relatively outdated and redundant Constraint District, the Constraint Shoreline District (S-SH). This Constraint District is now covered by much more comprehensive rules and regulations with the Special Management Area Rules and Regulations. The Council also finds that Article 27 of the Comprehensive Zoning Ordinance establishes specific shoreline setback requirements to address chronic coastal erosion as well as the added impact of sea level rise on shoreline erosion. Any additional regulations concerning sea level rise impacts on coastal erosion should be done so within Article 27 of the Comprehensive Zoning Ordinance The purpose of this ordinance is to amend the Comprehensive Zoning Ordinance’s Constraint Shoreline District (S-SH) to become the Constraint Sea Level Rise District to address sea level rise impacts on annual high wave run up and passive flooding projected to occur within this century by a County of Kauai Sea Level Rise Constrain District Viewer. SECTION 2. Sec. 8-12.5 Shore Districts (S-SH), Kaua‘i County Code 1987, as amended is hereby amended to read as follows: Sec. 8-12.5 Shore Districts (S-SH). 2 (a) Purpose. To regulate development or alterations to shore and water areas which have unique physical and ecological conditions in order to protect and maintain physical, biologic and scenic resources of particular value to the public. (b) Lands Included. (1) The Shore District includes the greater of the following shoreline areas (land and water): (A) That area where the Planning Director determines that there is significant interrelationship between the physical, biologic, or ecologic forms or systems characteristic of the shore area; (B) From the low water mark to forty (40) feet inland from the upper reaches of the wash of waves other than storm or tidal waves (or twenty (20) feet in those cases as are provided for by the rules of the State Land Use Commission implementing Chapter 205, H.R.S.). (2) Within five (5) years after September 1, 1972 the Planning Commission shall prepare a Shoreline Special Treatment Zone Plan. The plan upon adoption by the Planning Commission shall determine the boundaries of the Shore District. (c) Requirements for Development Within the Shore District. No Zoning, Building or Use Permit shall be issued, nor shall any use requiring the development, grading or alteration of any portion of the Shore District be permitted, unless the applicant establishes conformity with the requirements of this Section. (1) Applicants for permits shall furnish an Information Report prepared by a person or firm qualified by training and experience to have expert knowledge of the subject. The Planning Director shall determine the adequacy of the report and may require the submission of further information where necessary. The report shall provide information regarding the existing ocean conditions and regarding probable effects of the proposed structures, development, or alterations, as follows: (A) With respect to existing conditions, the report shall describe the configuration of the shore; the nature, magnitude, and periodicity of Shore District forces such as wind, waves and currents, as they affect the Shore District; the origin, nature and volume of materials composing the shoreline; the physical and biologic characteristics and the rate of Shore District change over time under both natural and proposed artificial conditions. (B) With respect to probable effects of the proposed construction, the applicant shall define a design wave (usually the mean height and period of the highest one- third (1/3) of the waves of a given wave group, including storm surge and tsunami), the design water level of the ocean, the foundation conditions, and the construction materials, and shall state how the proposed design and construction operations will minimize disruption of the natural system. (C) With respect to assessing the quality of the proposed construction, the applicant shall describe alternatives to the proposed construction that were considered and why each was rejected, in terms of environmental quality and economic feasibility, including as one alternative the choice of no construction. 3 (2) Before a permit may be granted, the applicant shall establish that the proposed alteration, construction or activity will not cause significant harm to: (A) The water quality of the ocean, including, but not limited to, its clarity, temperature, color, taste and odor; (B) Fish and aquatic habitats; (C) The natural beauty of the area; (D) Navigation, safety or health; or (E) Would not substantially interfere with public use of the ocean waters or underlying lands; and (F) That other facilities are unavailable to the applicant. (3) Marinas and harbors shall not be permitted in the following locations: (A) Areas where, due to the amount of unconsolidated materials, wave and current energy, shoreline configuration, and other pertinent factors, beach erosion is likely to occur; (B) Unstable locations; (C) Areas designated by the Planning Commission as being of unique scenic beauty which should be retained in their natural condition; (D) Areas where there is no demonstrable public need for a new marina or harbor; (E) In areas so that the standards established in Subsection (c)(2) are violated; (F) Use Districts where marinas and harbors are not permitted uses. (4) Marinas and harbors, when permitted, shall be located in the following areas unless the Planning Commission determines that the site would be inconsistent with the objectives of this Chapter or the applicant can demonstrate that such an area is unavailable and that the alternative site chosen will be consistent with the purposes of this Chapter. (A) In deeper water in order to minimize the need for dredging; (B) In natural inlets to avoid use of breakwaters; (C) In an area designated for marinas and harbors on the General Plan. (5) Design and Construction Standards. (A) Floating piers or piers on pilings shall be used to provide access to boats, rather than dredging, whenever possible. (B) Where dredging is permitted, spoil material shall not be deposited in the water. (C) Where a barrier wall is required in connection with a marina, or harbor, it shall be carried deep enough below the bottom to prevent movement of back-fill materials into the water. (D) Materials used to stabilize the bottom of the marina or harbor for pier structures shall be chemically inert sand, gravel, or similar substances. 4 (6) Shore Facilities. Restrooms, pump-out facilities for boat sewage receptacles, and trash receptacles for other boat wastes shall be provided at a marina or harbor. (7) Monitoring Information Requirements. The owner or operator of a marina or harbor may be required to furnish information concerning water quality, current patterns and intensities, shore alterations, and any other conditions which may be altered by the construction of the marina or harbor for a reasonable period after completion of the facility. (8) Location of Shoreline Protective Structures. To prevent local beach loss, shoreline protective structures shall be used only where protection of the back-shore is of greater importance than beach preservation, or where less disruptive methods have failed. The following design and construction standards shall apply: (A) Sloping permeable revetments shall be used when barriers are permitted. (B) Seawalls and bulkheads shall be permitted only when the applicant is able to demonstrate that revetments are not feasible and that the alternative structure will cause no undue beach erosion. (C) Shoreline barriers shall not be constructed of unstable or soluble materials. (9) There shall be no fill placed in the Shore District except at those locations where the fill is found to be beneficial to existing water quality or Shore District conditions. (10) There shall be no dredging, removal or rearrangement of materials within the water or shore zone of the ocean. Dredging or excavation performed in the course of construction for which a permit has been approved under the terms of this Chapter shall be considered dredging or excavation for the purpose of this Section. (d) Permits Required. (1) A Class IV Zoning Permit is required for any construction, development, use or activity proposed to be carried out within forty (40) feet of the upper reaches of the wash of waves other than storm or tidal waves, or within the shoreline setback area as established by the State Land Use Commission pursuant to Chapter 205, H.R.S., whichever is the lesser. The Planning Commission shall issue a permit only if the requirements of both Chapter 205, H.R.S. and this Chapter have been met. (2) A Class III or Class IV Zoning Permit, depending upon the requirements established for the underlying Use District in which the proposed construction, development, use or activity is located, is required for undertakings in the Shore District established by this Chapter located landward of the shoreline setback area defined in Subsection (d)(1). The Planning Director or Planning Commission shall issue a permit only if the requirements of this Chapter have been met. (e) Modification of Requirements. The requirements of this Article shall not apply where the applicant demonstrates to the satisfaction of the Planning Director that the area in question should not have been included in the Shore District under the criteria established in Subsection (c)(1). ] Sec. 8-12.4 Sea Level Rise District (S-SLR). 5 (a) Purpose. (1) To minimize the threat to public health and safety due to sea level rise that increases the impacts of annual high wave run up and passive flooding. (2) To promote resilient planning and design. (3) To minimize the expenditure of public money for costly flood control projects necessitated from sea level rise impacts. (4) To minimize the need for rescue and relief efforts that are associated with sea level rise flooding and generally undertaken at the expense of the general public. (5) To ensure that those who occupy areas that are projected to be impacted by sea level rise acknowledge and assume responsibility for their actions (b) General Provisions (1) Lands Included. All lands subject to annual high wave flooding and passive flooding impacts projected by the Kauai Sea Level Rise Constraint District Viewer (with 3.2 feet of sea level rise anticipated to occur by the year 2100) and within the County of Kauai Sea Level Rise Constraint District (S-SLR). (2) Compliance. No structure shall be constructed, located, extended, converted, or altered without full compliance with the terms of this Article or other applicable regulations. (3) Other Laws and Regulations. All construction and improvements subject to this Article shall comply with other applicable laws and regulations, including but not limited to, the Flood Plain Management Ordinance, Building Code, Electrical Code, Plumbing Code, Subdivision Ordinance, Special Management Area Rules and Regulations, and Sediment and Erosion Control Ordinance. In case of a conflict between this Article and the requirements of any other Federal, law, State law, or County ordinance, such as the Flood Plain Management Ordinance, the more restrictive requirements shall apply. (4) Interpretation. In the interpretation and application of this Article, all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the County; and c. Deemed neither to limit nor repeal any other requirement, power, or duty prescribed under Federal, State, or County statutes. 6 (5) Warning and Disclaimer of Liability. The degree of sea level rise protection required by this Article is considered reasonable for regulatory purposes and is based on scientific considerations. Larger floods and hazards can and will occur on occasions. Sea level rise flood elevations may be increased by human or natural causes. This Article does not imply that land outside the area of the Constraint Sea Level Rise District or uses permitted within such area will be free from damage. This Article shall not create liability on the part of the County of Kaua‘i, any officer, or employee for any damages that result from reliance on this Article or any administrative decision lawfully made based on this Article. (c) Definitions “Annual high wave run up” is the distance over which the maximum annually occurring significant wave height and associated peak period run-up and wash across the shoreline. “Basement” means the portion of a building having its floor subgrade (below ground level) on all sides. “Building footprint” shall mean all parts of a main building (excluding roof overhangs) that rest on the ground directly or indirectly, including those portions of the building that are supported by posts, piers, or columns. Building footprint also includes attached garages, covered carports, bay windows with floor space, lanais, decks, cantilevered decks. This definition does not include vertical access, such as stairs or ramps. “County” means the County of Kaua‘i. “County Engineer” means the County Engineer of the County of Kaua‘i or his/her authorized representative. “Flood or flooding” means a general condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal water resulting from any source, such as tsunamis, or the unusual and rapid accumulation of runoff or surface waters from any source. “Kauaʻi Sea Level Rise Constraint District Viewer” is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR 7 and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, for the purposes of this Article, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter. “Passive flooding” is flooding of low coastal lands due to sea level rise potentially from multiple sources, including but not limited to a rising groundwater table, seawater flowing from the ocean through storm drains and out into urban areas (storm drain backflow from the ocean), and seawater flowing directly across the shoreline into lands that lie below the water level. “Planning Director” means the Planning Director of the Planning Department of the County of Kaua‘i. “Sea level rise flood elevation (SLRFE)” the individual depth per grid unit provided by the County of Kauai Sea Level Rise Constraint District Viewer for both the high wave run up hazard and the passive flooding hazard when either of those are associated with 3.2 feet of sea level rise occurring by year 2100. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. “Substantial improvement” means any combination of repairs, reconstruction, improvements, or additions or other improvements to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The cost of any substantial improvement, including the cost to repair damage to pre-damage condition, shall be reviewed and determined by the County Engineer or his/her authorized representative. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of a State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” (d) Design Standards. 8 (1) Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) Elevation. a. Residential Structures. All new construction and substantial improvements shall have the lowest floor (including basements) elevated at least two (2) feet above the highest sea level rise flood elevation (SLRFE) located within the respective building footprint. This additional two (2) feet shall be calculated from the top of the SLRFE to the bottom of the lowest horizontal structural member of the lowest floor, excluding pilings, columns, and vertical accesses. Fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access, or storage in an area other than a basement shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvres, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. b. Nonresidential Structures. All new construction and substantial improvements shall elevate the lowest floor, including basement, at least one (1) foot above the highest sea level rise flood elevation located within the respective building footprint. This additional one (1) foot shall be calculated from top of the SLRFE to the bottom of the lowest horizontal structural member of lowest floor, excluding pilings, columns, and vertical accesses. (3) Fill is prohibited for structural support (4) No machinery or equipment that service a building, such as furnaces, air conditioners, heat pumps, hot water heaters, washers, dryers, elevator lift equipment, electrical junction and circuit breaker boxes, and food freezers, are permitted below the respective sea level rise depth value located within the respective space the machinery is proposed to be situated. (5) All interior wall, floor, and ceiling materials located below the sea level rise flood elevations must be unfinished and resistant to flood damage. The design standards 9 set forth in the American Society of Civil Engineers (ASCE) 24 Flood Resistant Design and Construction shall be followed. (6) Front, Rear, and Side Setback Areas. The following may be located within the required setback areas: a. Front, Rear, and Side Setback Areas: structures and improvements used for vertical access from grade to the elevated structure, such as stairs or ramps. b. Rear and Side Yards: flood protection equipment, and structures housing mechanical equipment above the required SLRFE. (7) All design standards shall conform, at a minimum, to the Kaua‘i County Code’s Floodplain Management Regulations (See Title V, Chapter 15, Article 1 Floodplain Management). Additionally, per the State Building Code Council, as of November 13, 2020 Kaua‘i County is required to adopt the 2012 International Building Code Council and will be required to adopt the 2018 International Building Code in timeframes determined by the State Building Code Council. The 2012 International Building Code incorporates, by reference, that the American Society of Civil Engineers (ASCE) section 24-05 Flood Resistant Design and Construction be followed. The 2018 International Building Code incorporates, by reference, that the American Society of Civil Engineers (ASCE) section 24-14 Flood Resistant Design and Construction be followed. The current versions of the IBC and ASCE Flood Resistant Design and Construction shall be followed and the more stringent criteria will comply where conflicts arise with the SLRFE. (e) Nonconforming Structures Any nonconforming structure existing on the effective date of this ordinance may continue subject to the following conditions: (1) Any repair, reconstruction, improvement, or addition to a nonconforming structure; if it is determined to be substantial improvement or repair of substantial damage, it shall comply with the applicable standards for new construction in the Constraint Sea Level Rise District. However, a repair, reconstruction, improvement, or addition to a nonconforming structure will not have to comply with the applicable standards for new construction if it meets one of the following criteria: (1) any project for improvement of a structure to correct existing violations of a State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” 10 (2) Replacement or reconstruction of a destroyed or demolished nonconforming structure is considered new construction regardless of the actual work performed and shall comply with the applicable standards of this Article. (3) All relocated structures shall comply with the standards of the Article. (f) Determination of Exemption (1) Standards. A Determination of Exemption from the design standards of this Article may be issued by a joint determination of the County Engineer and the Planning Director where the applicant can demonstrate that the proposal will not increase sea level rise flood heights, create additional threats to public safety, create extraordinary public expense, create nuisances, or conflict with existing local laws or ordinances. (2) Request for Determination of Exemption. A request for Determination of Exemption shall be submitted to the Planning Director and the County Engineer. The application shall be signed and stamped by a registered professional engineer or architect, and it shall include three (3) sets of documents with the following information as may be required by the Planning Director and the County Engineer. a. Plans and specifications showing the site and location; dimensions of all property lines and topographic elevation of the lot; existing and proposed structures and improvements, fill, storage area; location and elevations of existing and proposed streets and utilities; relationship of the site to the location of the Sea Level Rise Constraint District, flood boundary; floodway; and the existing and proposed flood control measures and improvements. b. Cross-sections and profile of the area and the regulatory SLRFE elevations and profile based on elevation reference marks on flood maps. c. Flood study and drainage report in areas where study and report have not been reviewed and accepted by the County. d. Description of surrounding properties and existing structures and uses and the effect of the regulatory flood on them caused by the determination of exemption. e. An agreement, executed by the property owner, that a covenant will be inserted in the deed and other conveyance documents of the property and filed with the Bureau of Conveyances of the State of Hawai‘i stating that the property is located in the Sea Level Rise Constraint District and is subject to flooding and flood damage; that a determination of exemption to construct a structure below the SLRFE may result in increased flood 11 risks to life and property; that the property owners will not file any lawsuit or action against the County for costs or damages or any claim; that the property owners will indemnify and hold harmless the County from liability when such loss, damage, injury, or death results due to the determination of exemption and flooding of the property; and that upon approval of the determination of exemption, the covenants shall be fully executed and proof of filing with the Bureau of Conveyances shall be submitted to the County Engineer prior to the issuance of a building permit. f.Such other information as may be relevant and requested by the Planning Director and the County Engineer. SECTION 3. The Planning Department shall make the Kaua‘i Sea Level Rise Constraint District Viewer available on its County of Kaua‘i, Planning Department website. SECTION 4. Severability Clause. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. SECTION 5. Material to be repealed is bracketed. New material is underscored. When revising, compiling, or printing this Ordinance for inclusion in the Kaua‘i County Code 1987, as amended, the brackets, bracketed material, and underscoring need not be included. SECTION 6. This Ordinance shall take effect upon its approval. Introduced by: DATE OF INTRODUCTION: COUNTY OF KAUA‘I PLANNING DEPARTMENT v:\2022 master files\amendments\zoning\za-2022-12\reports\report-1 6.28.22_za-2022-12 slr constraint district ordinance.docx Ka‘āina S. Hull Director of Planning Jodi A. Higuchi Sayegusa Deputy Director of Planning Exhibit C: County of Kauai Sea Level Rise Constraint District Map Series 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 County of Kauaʻi Sea Level Rise Constraint District Map Series Key ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 1 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 2 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 3 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 4 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 5 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 6 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 7 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 8 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 9 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 10 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 11 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 12 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 13 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 14 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 15 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 16 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 17 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 18 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 19 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 20 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 21 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 22 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 23 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 24 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 25 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 26 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 27 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 28 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 29 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 30 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 31 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 32 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 33 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 34 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 35 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 36 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 37 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 38 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 39 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 40 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 41 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 42 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 43 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 44 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 45 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 46 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 47 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 48 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 49 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 50 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 51 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 52 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 53 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 54 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 55 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 56 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 57 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 58 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 59 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 60 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 61 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 62 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 63 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 64 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 65 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 66 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 67 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 68 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 69 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 70 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 71 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 72 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 73 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 74 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 75 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 76 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 77 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 78 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 79 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 80 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 81 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 82 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 83 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 84 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 85 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 86 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 87 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 88 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 89 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 90 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 91 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 92 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 93 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 94 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 95 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 96 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 97 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend ¯0 1,000 2,000500 Feet County of Kauai Sea Level Rise Constraint District Shoreline Constraint District Boundary Parcels and CPRs Map 98 Kauaʻi Sea Level Rise Constraint District Viewer is an online atlas in effect on XXX Ordinance Adoption Date XXX and generated by data used in the creation of the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawaii (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawaiʻi School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawaiʻi Sea Grant College Program (Hawaiʻi Sea Grant) in partnership with DLNR and the State of Hawaiʻi Office of Planning, and published under Anderson et al 2018. Pursuant to Section 8-12.5 of the Kauai County Code, 1987, as amended. Legend COUNTY OF KAUA‘I PLANNING DEPARTMENT v:\2022 master files\amendments\zoning\za-2022-12\reports\report-1 6.28.22_za-2022-12 slr constraint district ordinance.docx Ka‘āina S. Hull Director of Planning Jodi A. Higuchi Sayegusa Deputy Director of Planning Exhibit D: Agency Comments COUNTY OF KAUA‘I PLANNING DEPARTMENT v:\2022 master files\amendments\zoning\za-2022-12\reports\report-1 6.28.22_za-2022-12 slr constraint district ordinance.docx Ka‘āina S. Hull Director of Planning Jodi A. Higuchi Sayegusa Deputy Director of Planning Exhibit E: Coverage of Shore Constraint District Provisions COUNTY OF KAUA‘I PLANNING DEPARTMENT v:\2022 master files\amendments\zoning\za-2022-12\reports\report-1 6.28.22_za-2022-12 slr constraint district ordinance.docx Ka‘āina S. Hull Director of Planning Jodi A. Higuchi Sayegusa Deputy Director of Planning Shore Constraint District Provision Coverage from existing regulations (1) Applicants for permits shall furnish an Information Report prepared by a person or firm qualified by training and experience to have expert knowledge of the subject. The Planning Director shall determine the adequacy of the report and may require the submission of further information where necessary. The report shall provide information regarding the existing ocean conditions and regarding probable effects of the proposed structures, development, or alterations, as follows… SMA Rules and Regulations Any person contemplating development within the SMA must comply with the initial evaluation and assessment, which first entails filing a Special Management Area (SMA) Permit Assessment. The Assessment shall include, amongst other information, a written description of the proposed project, information regarding the affected environment, and a written statement evaluating the proposed development in relation to the objectives and policies of the State's Coastal Zone Management Act. The Planning Director shall consider the proposal together with all the accompany data and shall issue a determination subject to considerations or alterations. County Shoreline Setback Before granting a hardship variance, the applicant must provide a written application for a variance. An analysis and report of coastal processes and conditions are required in the application. (1A) With respect to existing conditions, the report shall describe the configuration of the shore; the nature, magnitude, and periodicity of Shore District forces such as wind, waves and currents, as they affect the Shore District; the origin, nature and volume of materials composing the shoreline; the physical and biologic characteristics and the rate of Shore District change over time under both natural and proposed artificial conditions. SMA Rules and Regulations The applicant is required to file an SMA Permit Assessment that shall include a written statement addressing the relationship of the proposed action to land use plans of the affected area, and an analysis of the probable impact of the proposed action on the environment. Additionally, when the parcel abuts the shoreline and when required by the Planning Department, an applicant may need to include a shoreline survey. An applicant may also need to submit an EIS, if required under Chapter 343, HRS, or when required by the Director, Planning Department, or Planning Commission. County Shoreline Setback Before granting a hardship variance, the Commission must find that the applicant’s proposal is a reasonable use of the land. The Commission also considers factors such as coastal hazards, 23 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Shore Constraint District Provision Coverage from existing regulations shoreline conditions, erosion, surf inundation, flood conditions and the geography of the lot in determining whether the proposal is a reasonable use of the applicant’s land. In the submittion of a written application for a variance, the applicant must also include the following: 1) an environmental assessment and the environmental impact statement rules and applicable guidelines of the State of Hawai‘i; 2) a copy of the certified shoreline survey map of the property; and 3) an analysis and report of coastal erosion rates and coastal processes. (1B) With respect to probable effects of the proposed construction, the applicant shall define a design wave (usually the mean height and period of the highest one-third (1/3) of the waves of a given wave group, including storm surge and tsunami), the design water level of the ocean, the foundation conditions, and the construction materials, and shall state how the proposed design and construction operations will minimize disruption of the natural system. Floodplain Management Ordinance (Chapter 15 Article 1 in the K.C.C.) In 1981, the County of Kaua‘i conformed to FEMA standards through the adoption of the Floodplain Management Ordinance. The Floodplain Management Ordinance outlines Construction and Development Standards for Coastal High Hazard areas, more commonly known as tsunami inundation areas. These areas are identified as VE zones of the flood insurance rate maps (FIRM). County SMA Rules and Regulations If a proposal may have a significant adverse effect on the SMA, the applicant will be informed that they will have to apply for an SMA Use Permit. Section 7.4 of the SMA Rules and Regulations outline criteria that constitute a “significant adverse effect” on the environment. One factor includes if the proposal “affects an environmentally sensitive area, such as flood plain, shoreline, tsunami zone, erosion-prone area, geologically hazardous land, estuary, fresh water or coastal water.” (1C) With respect to assessing the quality of the proposed construction, the applicant shall describe alternatives to the proposed construction that were considered and why each was rejected, in terms of environmental quality and economic feasibility, including as one alternative the choice of no construction. County SMA Rules and Regulations The applicant is required to file an SMA Permit Assessment that shall include a listing of probable adverse environmental effects that cannot be avoided, an evaluation of alternatives to the proposed action, a discussion of mitigating measures proposed to minimize impacts, and a listing of any irreversible and irretrievable commitment of resources. Furthermore, in the initial SMA Permit Assessment process, an applicant may need to submit an EIS, if required under Chapter 343, HRS, or when required by the Director, Planning Department, or Planning Commission. 24 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Shore Constraint District Provision Coverage from existing regulations County Shoreline Setback A shoreline setback variance may be considered for a structure otherwise prohibited if the Commission finds in writing that the proposed structures meets the standards established under Section 8-3.3 and is ancillary to “private and public structures that may artificially fix the shoreline but not adversely affect beach processes; provided that, the Commission also finds that shoreline erosion is likely to cause severe hardship to the applicant if the facilities or improvements are not allowed within the shoreline setback area and all alternative erosion control measures, including retreat, have been considered.” (2) Before a permit may be granted, the applicant shall establish that the proposed alteration, construction or activity will not cause significant harm to: (2A) The water quality of the ocean, including, but not limited to, its clarity, temperature, color, taste and odor; (2B) Fish and aquatic habitats; (2C) The natural beauty of the area; (2D) Navigation, safety or health; or (2E) Would not substantially interfere with public use of the ocean waters or underlying lands; and (2F) That other facilities are unavailable to the applicant. County SMA Rules and Regulations Any person contemplating development within the SMA must comply with the initial evaluation and assessment, which first entails filing a Special Management Area (SMA) Permit Assessment. The Assessment shall include, amongst other information, a written description of the affected environment and a written statement evaluating the proposed development in relation to the objectives and policies of the State’s Coastal Zone Management Act and the guidelines of the SMA. This written statement should include the relationship of the proposed action to land use plans of the affected area, an analysis of the probably impact of the proposed action on the environment, a listing of probable adverse environmental effects that cannot be avoided, an evaluation of alternatives to the proposed action, a discussion of mitigating measures proposed to minimize impacts, and a listing of any irreversible and irretrievable commitment of resources. In considering the significance of potential environmental effects, the Director, Planning Department, and Planning Commission will consider the sum of those effects that adversely affect the quality of the environment and will evaluate the overall and cumulative adverse effects of the proposal. Section 7.4 of the SMA Rules and Regulations defines factors of a proposal that may constitute in a “significant adverse effect” on the environment. If the proposal is considered to have a “significant adverse effect,” then the applicant will be informed that they will have to apply for an SMA Use Permit. 25 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Shore Constraint District Provision Coverage from existing regulations (3)Marinas and harbors shall not be permitted in the following locations: (3A) Areas where, due to the amount of unconsolidated materials, wave and current energy, shoreline configuration, and other pertinent factors, beach erosion is likely to occur; (3B) Unstable locations; (3C) Areas designated by the Planning Commission as being of unique scenic beauty which should be retained in their natural condition; (3D) Areas where there is no demonstrable public need for a new marina or harbor; (3E) In areas so that the standards established in Subsection (c)(2) are violated; (3F) Use Districts where marinas and harbors are not permitted uses. Marinas and harbors are regulated under the jurisdiction of the Department of Land and Natural Resources-Division of Boating and Ocean Recreation (DOBAR), the State Department of Transportation, and/or Federal Agencies. (4)Marinas and harbors, when permitted, shall be located in the following areas unless the Planning Commission determines that the site would be inconsistent with the objectives of this Chapter, or the applicant can demonstrate that such an area is unavailable and that the alternative site chosen will be consistent with the purposes of this Chapter. (4A) In deeper water in order to minimize the need for dredging; (4B) In natural inlets to avoid use of breakwaters; Marinas and harbors are regulated under the jurisdiction of the Department of Land and Natural Resources-Division of Boating and Ocean Recreation (DOBAR), the State Department of Transportation, and/or Federal Agencies. 26 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Shore Constraint District Provision Coverage from existing regulations (4C) In an area designated for marinas and harbors on the General Plan. (5)Design and Construction Standards. (5A) Floating piers or piers on pilings shall be used to provide access to boats, rather than dredging, whenever possible. (5B) Where dredging is permitted, spoil material shall not be deposited in the water. (5C) Where a barrier wall is required in connection with a marina, or harbor, it shall be carried deep enough below the bottom to prevent movement of back-fill materials into the water. (5D) Materials used to stabilize the bottom of the marina or harbor for pier structures shall be chemically inert sand, gravel, or similar substances. Marinas and harbors are regulated under the jurisdiction of the Department of Land and Natural Resources-Division of Boating and Ocean Recreation (DOBAR), the State Department of Transportation, and/or Federal Agencies. (6)Shore Facilities. Restrooms, pump-out facilities for boat sewage receptacles, and trash receptacles for other boat wastes shall be provided at a marina or harbor. Marinas and harbors are regulated under the jurisdiction of the Department of Land and Natural Resources-Division of Boating and Ocean Recreation (DOBAR), the State Department of Transportation, and or Federal Agencies. (7)Monitoring Information Requirements. The owner or operator of a marina or harbor may be required to furnish information concerning water quality, current patterns and intensities, shore alterations, and any other conditions which may be altered by the construction of the marina or harbor for a reasonable period after completion of the facility. Marinas and harbors are regulated under the jurisdiction of the Department of Land and Natural Resources-Division of Boating and Ocean Recreation (DOBAR), the State Department of Transportation, and/or Federal Agencies. (8)Location of Shoreline Protective Structures. To prevent local beach loss, shoreline protective structures shall be used only where protection of the back-shore is of greater importance than beach preservation, or where less disruptive methods have failed. The following design and construction standards shall apply: State of Hawaiʻi CZM Act, HRS §§ 205A Pursuant to Hawai‘i Revised Statues Section 205A-2, the State establishes coastal zone management program objectives and policies that pertain to beach protection and to “prohibit construction of private shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing 27 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Shore Constraint District Provision Coverage from existing regulations (A)Sloping permeable revetments shall be used when barriers are permitted. (B)Seawalls and bulkheads shall be permitted only when the applicant is able to demonstrate that revetments are not feasible and that the alternative structure will cause no undue beach erosion. (C)Shoreline barriers shall not be constructed of unstable or soluble materials. recreational and waterline activities,” as well as “minimize the construction of public shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities...” County SMA Rules and Regulations If a proposal directly involves the construction of a Shoreline Armoring Device the applicant will have to do the following: 1) apply for a Special Management Area Use Permit; 2) undergo public hearing requirements (detailed in Section 9.0); 3) undergo the Planning Commission’s requirements for action (detailed in Section 10.0); and 4) address the area of critical concern. County Shoreline Setback Shoreline hardening, unless it is approved by the State of Hawaiʻi Office of Conservation and Coastal Lands, are prohibited in the shoreline setback area. (9)There shall be no fill placed in the Shore District except at those locations where the fill is found to be beneficial to existing water quality or Shore District conditions. County SMA Rules and Regulations The Director of Planning shall seek to minimize, where reasonable: (1) Dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough, or lagoon. County Shoreline Setback Any primary coastal dune which lies within the shoreline setback area shall not be altered, graded, or filled in any way except for the addition of sand of compatible quality and character. In such case, modifications, alterations, grading, or filling may be allowed through a variance, but only for that portion of the primary dune located landward of the shoreline setback area, and only to the extent necessary to construct on a minimum building footprint. (10)There shall be no dredging, removal or rearrangement of materials within the water or shore zone of the ocean. Dredging or excavation performed in the course of construction for which a permit has been approved under the terms of this Chapter shall be considered dredging or excavation for the purpose of this Section. County SMA Rules and Regulations The Director of Planning shall seek to minimize, where reasonable: (1) Dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough, or lagoon. COUNTY OF KAUA‘I PLANNING DEPARTMENT v:\2022 master files\amendments\zoning\za-2022-12\reports\report-1 6.28.22_za-2022-12 slr constraint district ordinance.docx Ka‘āina S. Hull Director of Planning Jodi A. Higuchi Sayegusa Deputy Director of Planning Exhibit F: Alignment with General Plan and Community Development Plans COUNTY OF KAUA‘I PLANNING DEPARTMENT v:\2022 master files\amendments\zoning\za-2022-12\reports\report-1 6.28.22_za-2022-12 slr constraint district ordinance.docx Ka‘āina S. Hull Director of Planning Jodi A. Higuchi Sayegusa Deputy Director of Planning Plan Document Section Goal, Policy, Action Text Alignment with proposed bill Kauaʻi County General Plan (2018) 1.3 Goal #3: A Healthy and Resilient People "...to increase the resilience and vitality of Kauai’s communities and promote better health outcomes through improving the natural, built, and social environment." The proposed Constraint Sea Level Rise District will help mitigate impacts sea level rise will have on Kauaʻi’s built environment; thereby increasing the resiliency of Kauaʻi’s communities. This also better ensures community safety by lessening the chance that rescue and relief efforts associated with sea level rise flooding will be necessary. 1.4 Policy #14: Prepare for Climate Change "Climate change and resulting sea level rise (SLR) are evidenced and documented on global, national, as well as local levels. While data forecasts are in flux, the best available science for our island indicates we should plan for at least three feet of sea level rise. As an island with the majority of residences and activities located on or close to the coastline, it is important to provide direction to prepare our island for increased coastal hazards and their impacts to business, homes, roadways, drinking water, and ultimately health and safety. This policy is implemented through the Land Use Map and Actions for Public Safety and Hazards Resilience." The proposed Constraint Sea Level Rise District will proactively help Kauaʻi prepare for climate change by enforcing design standards that advance adaptation efforts to passive flooding and annual high wave run up impacts due to sea level rise. 30 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Plan Document Section Goal, Policy, Action Text Alignment with proposed bill 3.0 Sector I. The Watershed: Kahakai- Coastal Areas and Shorelines "Minimize coastal hazard risks through planning and development standards that: a. Ensure the safety of individuals, families, and communities within coastal hazard areas and communicate the dangers to residents and tourists... c. If hazard risks are unavoidable, minimize hazard risks to new development over the life of authorized structures. d. Ensure property owners assume the risks associated with new development in hazardous areas..." One of the purposes of the Constraint Sea Level Rise District is to minimize the threat to public health and safety due to sea level rise that increases the impacts of annual high wave run up and passive flooding. Another purpose of the proposed District is to ensure that those who occupy areas that are projected to be impacted by sea level rise acknowledge and assume responsibility for their actions. 3.0 Sector I. The Watershed: Kahakai- Coastal Areas and Shorelines "Update the Shore District in relation to the SMA regulations." The bill proposes removing the Constraint Shore District due to its duplicative and outdated provisions compared to the SMA Rules and Regulations and Shoreline Setback policy. 3.0 Sector I. The Watershed: Kahakai- Coastal Areas and Shorelines "Continually incorporate new information on climate change into shoreline policies and regulations." The proposed bill utilizes the data generated through the studies and analysis for the State of Hawaiʻi Sea Level Rise Vulnerability and Adaptation Report to inform the Sea Level Rise Constraint District. 3.0 Sector IX. Public Safety & Hazards Resiliency: Hazards Resiliency "Update, maintain, and enhance the use of the County’s GIS database to improve decision- making and ensure consistency in planning, permitting, and construction regulations to reduce disaster risk." To inform the design standards detailed in this proposed bill, the County of Kauaʻi created a Kaua'i Sea Level Rise Constraint Viewer, an online atlas which provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. 31 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Plan Document Section Goal, Policy, Action Text Alignment with proposed bill 3.0 Sector IX. Public Safety & Hazards Resiliency: Global Warming and Climate Change Adaptation "Regularly review and refine relevant policies, rules, and regulations based on the most currently available climate and hazard science and projections." The proposed bill utilizes the data generated through the studies and analysis for the State of Hawaiʻi Sea Level Rise Vulnerability and Adaptation Report to inform the Sea Level Rise Constraint District. 3.0 Sector IX. Public Safety & Hazards Resiliency: Global Warming and Climate Change Adaptation "Support implementation of the Hawai’i Climate Adaptation Initiative (Act 83) and development of the Sea Level Rise and Vulnerability Adaptation Report for Hawai’i and the Statewide Climate Adaptation Plan." The proposed bill supports the implementation of Act 83 by utilizing the data and supporting the recommendations from the State of Hawai'i Sea Level Rise Vulnerability and Adaptation Report. 3.0 Sector IX. Public Safety & Hazards Resiliency: Global Warming and Climate Change Adaptation "Use the best available climate and hazard science toinform and guide decisions. Determine a range oflocally relevant (context specific) sea level rise (SLR)projections for all stages of planning, project design,and permitting reviews. At the time of this GeneralPlan Update publication, the science suggests aplanning target of three feet of sea level rise." The Constraint Sea Level Rise District utilizes sea level rise spatial and depth analysis for annual high wave run up and passive flooding generated from sea level rise. This data came from the studies and analysis for the State of Hawaiʻi Sea Level Rise Vulnerability and Adaptation Report, with its corresponding Hawaiʻi Sea Level Rise Viewer. Supporting the recommendations from the SLR Report and the General Plan, the Kauaʻi Sea Level Rise Constraint District Viewer utilizes the 3.2 feet of sea level rise scenario. Appendix H- Issues and Opportunities Open Space: Implications for the General Plan Update Process "The Constraint Districts, in particular, can be reviewed by the County to eliminate regulations that are no longer relevant, to improve the effectiveness of relevant regulations, and to simplify zoning administration." The proposed bill eliminates the Shore Constraint Districts which is considered antiquated, covered by additional rules and regulations that are more comprehensive, and no longer relevant. Eliminating these provisions will help improve the effectiveness of relevant regulations. 32 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Plan Document Section Goal, Policy, Action Text Alignment with proposed bill West Kauai Community Plan (2020) 2.0 Resiliency: Value Statement "As a coastal community, West Kaua‘i must prepare for climate change, such as higher temperatures, SLR, and changing precipitation patterns. These impacts threaten residents by affecting housing, infrastructure, jobs, and arable land. Through proactive measures and solutions grounded in resiliency, sustainability, and the Hawaiian concept of ‘āina aloha (beloved homeland), West Kaua‘i’s people can strengthen their ability to withstand and recover from hazards and the impacts of climate change." The proposed Constraint Sea Level Rise District supports the implementation of resilient solutions to prepare for sea level rise impacts. 2.0 Resiliency: Resiliency Policy #1. Adapt West Kaua‘i’s low- lying neighborhoods for climate change impacts and lay the groundwork for managed retreat. "To increase neighborhood resiliency, improved development standards and managed retreat strategies should be employed. Identify areas that are highly vulnerable to coastal hazards, including but not limited to SLR, coastal erosion, high wave run-up, passive flooding, and an increased frequency and intensity of storms. Ensure that if development occurs within these areas, the development is constructed in a manner that safely mitigates those impacts." The Constraint Sea Level Rise District supports this policy by enforcing design standards that mitigates sea level rise impacts for new developments in areas exposed to passive flooding and high wave run-up. 2.0 Resiliency: Resiliency Policy #2.Increase the resiliency offlood-prone neighborhoodsthrough flood mitigation,drainage improvements,green infrastructure, andupdated building standards. "The County should bolster its floodplain management program by updating its floodplain ordinance to include SLR and freeboard standards, as well as other innovative flood mitigation tools like lowimpact development (LID) for new construction andsubstantial improvements." The Constraint Sea Level Rise District supports the update of the CZO ordinance to consider flood mitigation design standards to address sea level rise impacts. 33 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Plan Document Section Goal, Policy, Action Text Alignment with proposed bill 3.0 Kekaha Town Plan Goals and Objectives: Resiliency and Infrastructure 1. Improve the resiliency of vulnerable and exposed neighborhoods. a. Identify exposed neighborhoods along the coast highly vulnerable to SLR hazards and adopt building and zoning standards to address and mitigate these hazards. Use the best available science to regularly evaluate vulnerable areas.... The Constraint Sea Level Rise District supports the objective of improving resiliency of neighborhoods exposed to sea level rise hazards through the usage of accommodation adaptation strategies. 3.0 Kekaha Town Plan Goals and Objectives: Resiliency and Infrastructure 3. Reduce flooding, maintain, and improve existing drainage systems, especially along public roadways and driveways in Kekaha. c. Implement flood accommodation measures for existing development or redevelopment in Kekaha. These include elevation of buildings, LID design standards such as permeable surfaces, and adding “freeboard” standards to the floodplain ordinance. The Constraint Sea Level Rise Districts would implement flood accommodation measures for new developments, including redevelopments. 3.0 Waimea Town Plan Goals and Objectives: Resiliency and Infrastructure 1. Improve the resiliency of the coastal neighborhood makai of Kaumuali‘i Highway. a. Identify exposed neighborhoods along the coast highly vulnerable to SLR hazards and adopt building and zoning standards to address and mitigate these hazards. Use the best available science to regularly evaluate vulnerable areas. b. Require flood accommodation measures to be implemented for new development approved within the 3.2’ SLR-XA and FEMA flood zones. The Constraint Sea Level Rise District supports the objective of improving resiliency of neighborhoods exposed to sea level rise hazards 34 | P a g e ZA-2022-12 Sea Level Rise Constraint District, Director’s Report County of Kaua‘i, Planning Department June 29, 2022 Plan Document Section Goal, Policy, Action Text Alignment with proposed bill 3.0 Hanapepe Town Plan Goals and Objectives: Resiliency and Infrastructure 2. Increase the resiliency of vulnerable neighborhoods makai of Kaumuali‘i Highway and in the floodplain. a. Identify exposed neighborhoods along the coast highly vulnerable to SLR hazards and adopt building and zoning standards to address and mitigate these hazards. Usee the best available science to regularly evaluate vulnerable areas. b. Implement flood accommodation measures for existing development or redevelopment. These include elevation of buildings, LID design standards such as permeable surfaces, and adding “freeboard” standards to the floodplain ordinance. The Constraint Sea Level Rise District supports the objective of improving resiliency of neighborhoods exposed to sea level rise hazards by using flood accommodation measures for new developments, including redevelopments. South Kauaʻi Community Plan (2015) 4.5 Natural and Cultural Heritage Resources: Natural Hazards and Climate Change Design and Construction: a. Update design standards and incentives to change building practices and encourage hazard mitigation. The proposed Constraint Sea Level Rise District will detail design standards for new developments, which ensure greater resiliency to coastal hazards associated with sea level rise. Līhuʻe Community Plan (2015) 5.0 Policies and Guidelines: Climate Change Reduce the sensitivity to climate change and alter exposures and increase resilience to cope with change. The proposed bill will help increase the ability of Kauaʻiʻs community to cope with climate change. 5.0 Policies and Guidelines: Climate Change Require development proposals to include analysis of coastal hazard impacts and include mitigation measures where applicable. The Constraint Sea Level Rise District will require applicants to abide to elevation standards based on spatial and depth data for annual high wave run up and passive flooding generated from sea level rise. 5.0 Policies and Guidelines: Climate Change Take into consideration the impacts of climate change (higher temperatures, sea level rise, extremes in rainfall as floods or drought, and potential increases in tropical storm frequency or severity) in land use, development, and planning. The proposed bill will take sea level rise impacts into consideration in the regulatory permitting process for proposed developments.