Voting Members: Brandon .rC. Elefante, Chair; Esther Kia’aina,
Vice-Chair;
RadIant Cordero, Calvin KY. Say
Committee Meeting Held May 20, 2021
Honorable Tommy Waters Chair, City Council City and County of
Honolulu
Mr. Chair:
Your Committee on Zoning and Planning, to which was referred
Resolution 2 1-91 entitled:
‘RESOLUTION GRANTING A SPECIAL MANAGEMENT AREA (SMA) USE PERMIT TO
ALLOW THE REPLACEMENT OF THE EXISTING, DETERIORATING WASTEWATER
TREATMENT SYSTEM AT TAX MAP KEY (TMK) 5-3-008: 002 IN
PUNALUU,”
as transmitted by Departmental Communication 229 (2021) from the
Department of Planning and Permitting (“DPP”), dated April 6, 2021,
reports as follows:
The purpose of Resolution 21-91 is to grant a Special Management
Area Use Permit (“SMP”) to the Association of Apartment Owners at
Pat’s at Punaluu (the “Applicant”) to allow for the demolition and
removal of the existing (nonfunctioning) wastewater treatment
system, and construction of a new wastewater treatment system
(consisting of a preloader/equalization tank and primary treatment
tank enclosed by a six-foot chain link fence or CRM wall), to be
connected to the existing injection well disposal system, located
at 53-567 Kamehameha Highway in Punaluu, and zoned A-2 Medium
Density Apartment District (the ‘Project”).
Your Committee notes that the DPP, after a public hearing held on
March 10, 2021, at which no testimony was received, recommends
approval of the SMP subject to the conditions set forth in the
Resolution.
CITY COUNCIL CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII
REPORT OF THE COMMITTEE ON ZONING AND PLANNING
Voting Members: Brandon IC. Elefante, Chair; Esther Kiaaina,
Vice-Chair;
Radiant Cordero, Calvin KY. Say
Committee Meeting Held May 20, 2021 Page 2
At your Committee’s meeting on May 20, 2021, the Applicant’s agent
provided a brief presentation of the proposed Project. The DPP
Director testified in support of the proposed CD1 version of the
Resolution.
At your Committee’s meeting on May 20, 2021, the President of the
Board of Directors for Pat’s at Punaluu testified in support of the
Resolution.
Your Committee received no written testimony on the
Resolution.
Your Committee has prepared a CD1 version of the Resolution that
makes the following amendments:
A. Amends the second WHEREAS clause to state that no public
testimony was received at the public meeting held by the Department
of Planning and Permitting on March 10, 2021.
B. Amends the third WHEREAS clause to add the relevant date and
communication number.
C. Amends the following proposed conditions to conform to the
standard form of such conditions for SMA Use Permit
Resolutions:
1. Condition C (relating to minimizing impacts to threatened,
endangered, or protected fauna that may frequent or transit through
the Project site);
2. Condition D (relating to protection of the Hawaiian hoary bat’s
habitat during Project construction); and
CITY COUNCIL CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII
REPORT OF THE COMMITTEE ON ZONING AND PLANNING
Voting Members: Brandon J.C. Elefante, Chair; Esther Kia’äina,
Vice-Chair;
Radiant Cordero, Calvin KY. Say
Committee Meeting Held May 20, 2021 Page 3
3. Condition F.2 (relating to requiring exterior structure and
interior enclosure materials, finishes, and colors to be
non-reflective and subdued in appearance).
D. Makes miscellaneous technical and nonsubstantive
amendments.
Your Committee finds, pursuant to HRS Section 205A-26 and ROH
Section 25-3.2, and in agreement with the conclusion of the
Department of Planning and Permitting in Departmental Communication
229 (2021), that:
1. The development, as conditioned, will not have any substantial
adverse environmental or ecological effect, either alone or
cumulatively with other projects.
2. The development is consistent with the objectives and policies
set forth in ROH Section 25-3.1 and HRS Section 205A-2. and area
guidelines contained in ROH Section 25-3.2 and HRS Section
205A-26.
3. The development is consistent with the County General Plan,
development plans, zoning, and other applicable ordinances.
CITY COUNCIL CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII
REPORT OF THE COMMITTEE ON ZONING AND PLANNING
Voting Members: Brandon J.C. Elefante. Chair: Esther Kiaaina,
Vice-Chair:
Radiant Cordero, Calvin KY Say
Committee Meeting Held May 20, 2021 Page 4
Your Committee on Zoning and Planning is in accord with the intent
and purpose of Resolution 21-91, as amended herein, and recommends
its adoption in the form attached hereto as Resolution 21-91, 001.
(Ayes: Cordero, Elefante, Kiaaina, Say —4; Noes: None.)
Respectfully submitted,
HONOLULU. HAWAII
HONOLULU, HAWAII NO. -
RESOLUTION
GRANTING A SPECIAL MANAGEMENT AREA (SMA) USE PERMIT TO ALLOW THE
REPLACEMENT OF THE EXISTING. DETERIORATING WASTEWATER TREATMENT
SYSTEM AT TAX MAP KEY (TMK) 5-3-008: 002 IN PUNALUU.
WHEREAS, on January 29, 2021, the Department of Planning and
Permitting (“DPP”) accepted the application (DPP Reference Number
2O21ISMA-2) from the Association of Apartment Owners at the Pats at
Punaluu Condominiums (the ‘Applicant”) for an SMA Use Permit to
allow the demolition and removal of the existing, nonfunctioning
wastewater treatment system, and the construction of a new
wastewater treatment system connected to the existing injection
wells disposal system, located in the A-2 Medium Density Apartment
District at 53-567 Kamehameha Highway and identified as TMK
5-3-008:002 (“the Project”);
WHEREAS, on March 10, 2021, the DPP held a public hearing which was
attended in person by DPP staff members and the Department of
Information Technology support staff, and attended virtually online
by the agent for the Applicant and five members of the general
public, and where no members of the general public provided verbal
testimony; and
WHEREAS, on April 6, 2021, within 20 working days after the close
of the public hearing, the DPP, having duly considered all evidence
and the objectives, policies, and guidelines as established in
Sections 25-3.1 and 25-3.2, Revised Ordinances of Honolulu 1990
(“ROH”), and Sections 205A-2 and 205A-26, Hawaii Revised Statutes
(“HRS”), completed its report and transmitted its findings and
recommendation of approval to the City Council by Departmental
Communication 229 (2021); and
WHEREAS, the City Council, having received the findings and
recommendation of the DPP on April 7, 2021, and having duly
considered all of the findings and reports on the matter, desires
to approve the subject application for an SMA Use Permit with the
conditions enumerated below; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu
that an SMA Use Permit be issued to the Applicant for the Project,
subject to the following conditions:
A. Construction must be in general conformity with the Project as
described in the DPPs findings and recommendation referenced above,
and as depicted in Exhibits A through J, attached hereto and
incorporated herein by this reference. Any change in the size or
nature of the Project that has a significant effect on coastal
resources addressed in ROH Chapter 25 or HRS Chapter 205A, or
both,
1 OCS2O21-0435/5/12/2021 2:30 PM Attachment to CR-i 79
CITY COUNCIL \,;J CITYANDCOUNnON0LULU
RESOLUTION
will require a new application and SMA Use Permit, Any change that
does not have a significant effect on coastal resources will be
considered a minor modification and is therefore permitted under
this resolution, upon review and approval of the Director of the
DPP.
B. Prior to the issuance of any development permits, construction,
or other earth- moving activities, the Applicant shall prepare an
Archaeological Impact Survey or perform archaeological monitoring,
as directed by the State Historic Preservation Division (“SHPD”).
All work must be coordinated with and approved by the SHPD prior to
starting excavation activities, and any mitigation measures
required by the SHPD must be implemented.
If, during construction, any previously unidentified archaeological
sites or remains (such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, paving, or
walls) are encountered, the Applicant shall stop work, protect the
find from further disturbance, and contact the SHPD immediately.
Work in the immediate area must be stopped until the SHPD assesses
the impact and makes further recommendations for mitigative
activity.
C. To minimize impacts to threatened, endangered, or protected
fauna that may frequent or transit throughout the Project site, the
Applicant shall be responsible for the following:
1. Artificial light from exterior light fixtures, including but not
limited to floodlights, uplights, or spotlights used for decorative
or aesthetic purposes is prohibited if the light directly
illuminates, or is directed to project across property boundaries
toward, the shoreline and ocean waters, except as may otherwise be
permitted pursuant to HRS Section 205A-71 (b).
2. Outdoor lighting fixtures must be fully shielded, with the light
directed downward so that the light bulb is only visible from below
the light fixture. Outdoor lighting must be turned off when human
activity is not occurring in the illuminated area.
3. Nighttime work (from sunset to sunrise) must be avoided during
the seabird fledging season from September15 through December
15.
D. To protect the Hawaiian hoary bat’s habitat during Project
construction, the Applicant shall take special care when trimming,
relocating, or removing trees on the Project site. Woody plants
greater than 15 feet in height must not be disturbed, trimmed, or
removed during the Hawaiian hoary bat birthing and pup
2 OCS2O21-0435/5112/2021 2:30 PM
RESOLUTION
rearing season from June 1 through September 15. Tree removal is
restricted to the fall and early winter. Trees must be inspected
prior to trimming or removal, and if there are signs that Hawaiian
hoary bats may be roosting in a tree, trimming or removal of the
tree must be delayed until the Hawaiian hoary bats have finished
roosting. No barbed wire may be used for fencing.
E. The Applicant shall promptly report any leak or spill of
wastewater that occurs during Project construction to the State
Department of Land and Natural Resources, Division of Aquatic
Resources, to allow the completion of an assessment of any impacts
to fresh water and marine habitats.
F. In order to minimize visual impacts to travelers along
Kamehameha Highway, the Applicant shall implement the
following:
1. Prior to the issuance of any development permit for the Project,
the Applicant shall submit a landscaping plan for the review and
approval of the Director of the DPP, showing the following along
the Projects Kamehameha Highway frontage: (1) existing onsite trees
and vegetation; and (2) proposed species that will shield the
Project from the view of highway travelers that are scaled small
enough to avoid interrupting existing makai views of the Pacific
Ocean to the north of the Project site; and
2. Exterior structure and interior enclosure materials, finishes,
and colors must be nonreflective and subdued in appearance. Highly
reflective materials and finishes are prohibited. Colors for all
materials must be appropriate natural or earth tones that will
blend in with existing surrounding vegetation and the natural
outdoor environment. Colors for all materials, as well as the
proposed landscaping, must be labeled on the building permit plans
for review and approval by the DPP.
G. The Applicant shall obtain a development permit for the Project
within three years after approval of this SMA Use Permit. Failure
to obtain a development permit within this period will render this
SMA Use Permit null and void; provided that this period may be
extended as follows: the Director of the DPP may extend this period
if the Applicant demonstrates good cause, but the period must not
be extended beyond one year from the initial deadline set by the
City Council.
If the Applicant demonstrates good cause for an extension exceeding
one year, the Director shall prepare and submit to the Council a
report on the proposed extension, which report must include the
Director’s findings and
3 0CS2021-043515112/2021 2:30 PM
HONOLULU, HAWAII INO.
RESOLUTION
recommendations thereon. The Council may approve the proposed
extension or an extension for a shorter or longer period, or deny
the proposed extension, by adoption of a committee report or
resolution. If the Council fails to take final action on the
proposed extension within the first to occur of: (1) 60 days after
receipt of the Directors report; or (2) the Applicant’s
then-existing deadline for obtaining a development permit, the
extension will be deemed to be denied.
H. Approval of this SMA Use Permit does not constitute compliance
with the Land Use Ordinance (“LUO”) or other governmental
requirements, including but not limited to grading, grubbing, and
building permit approvals. They are subject to separate review and
approval. The Applicant shall be responsible for ensuring that the
final plans for the Project approved under this SMA Use Permit
comply with all applicable LUO and other governmental provisions
and requirements.
4 0CS2021-0435/5/12/2021 2:30 PM
HONOLULU. HAWAII
No. 21-91, CDI
BE IT FINALLY RESOLVED that copies of this resolution be
transmitted to Stephanie Davis, Environmental Science
International, 354 Uluniu Street, Suite 304, Kailua, Hawaii 96734;
Dean Uchida, Director of Planning and Permitting, 650 South King
Street, 71)1 Floor, Honolulu, Hawaii 96813; and Mary Alice Evans,
Director of the State Office of Planning, Attention: Coastal Zone
Management Branch, P. 0. Box 2359, Honolulu, Hawaii
96804-2359.
DATE OF INTRODUCTION:
5 0CS2021-043515/12/2021 2:30 PM
On Kam Hwy B
I—Ill— I p
PACIFIC OCEAN
ViciNITY MAP
Scale in Feet FOLDER NO.: 2O2IISMA-2
M
‘K
A
0, -l m
-
_ _
_ _
_ _
_ _
_ _ _ _
I
‘ 5
— ‘€9
I
U
— 1
CA -I
C 0
jJH(PERMANEN’I) 53-se;KAMEHMIEHI1HWY
& -I U,
4 LU
4 LU
-j LU
•0 C
C
Ui
2’
r-e
I
r -—