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
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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
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