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HONOLULU CITY COUNCIL KE KANIHELA O KE KALANA O HONOLULU CITY AND COUNTY OF HONOLULU
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COMMITTEE ON ZONING |
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Voting Members: Esther Kiaʻāina, Chair Tyler Dos Santos-Tam, Vice Chair Radiant Cordero Val A. Okimoto Matt Weyer |
AGENDA
REGULAR MEETING
CITY COUNCIL CHAMBER
THURSDAY, FEBRUARY 13, 2025
9:00 A.M.
Remote and in-person oral testimony will be permitted on all items on the agenda when each agenda item is taken up. Each speaker may not have anyone else read their statement and is limited to a one‑minute presentation.
As both English and Hawaiian are official languages of the State of Hawaiʻi, pursuant to Article XV, Section 4 of the Hawaiʻi State Constitution and Section 1-13 of the Hawaiʻi Revised Statutes, members of the public may testify in either language. For oral testimonies offered in ʻŌlelo Hawaiʻi, additional time as may be necessary will be allowed for the testifier to provide an English translation of their testimony.
Remote Testimony
1. For direct access to submit oral testimony call: +1-253-215-8782, enter ID: 85474035153 and Passcode: 109211.
2. To testify by videoconference visit: https://hnldoc.ehawaii.gov/hnldoc/testimony. Videoconference access information will be provided upon registration. Testifiers are encouraged to register/submit testimony at least 24 hours prior to the meeting.
Although remote oral testimony is being permitted, this is a regular meeting and not a remote meeting by interactive conference technology under HRS Section 92-3.7. Therefore, the meeting will continue notwithstanding loss of audiovisual communication with remote testifiers or loss of the public broadcast of the meeting.
Persons wishing to testify in-person in the Council Chamber are requested to register by 9:00 a.m. by filling out the registration form in person outside the Council Chamber. Persons who have not registered will be given an opportunity to speak following the oral testimonies of the registered speakers.
Written testimony may be uploaded at https://hnldoc.ehawaii.gov/hnldoc/testimony, or mailed to Office of the City Clerk, Attention: Information Section, 530 South King Street, Room 100, Honolulu, HI 96813. If submitted, written testimonies, including the testifier’s address, e-mail address, and phone number, will be available to the public at https://hnldoc.ehawaii.gov.
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Should you have any questions, please call (808) 768-9230 or send an email to sherry.arca@honolulu.gov.
Meeting materials are accessible at https://hnldoc.ehawaii.gov/hnldoc/browse/agendas by clicking on the appropriate Committee meeting.
The meeting will be viewable: (1) by internet live streaming through https://www.honolulucitycouncil.org/meetings; (2) by televised live broadcast on ‘Ōlelo TV Channel 54; and (3) on the monitor situated outside the Council Chamber. Viewers who experience a loss of viewing signal should try switching to another viewing option.
After the meeting, the meeting will be viewable on demand at https://www.honolulucitycouncil.org/meetings. Copies of older meeting videos may be requested by calling the City Clerk’s Office at (808) 768‑5822, charges may apply.
If you need auxiliary aid/service or other accomodation due to a disability or an interpreter for a language other than English, please call the Office of the City Clerk Information Section at (808) 768-5822 between 7:45 a.m. and 4:30 p.m. or send an email to sherry.arca@honolulu.gov as soon as possible or at least three (3) business days before the scheduled meeting. Requests made as early as possible have a greater likelihood of being fulfilled.
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FOR EXTENSION OF TIME ONLY
1. RESOLUTION 25-24 – 55-337 KAMEHAMEHA HIGHWAY – LĀ‘IE (2024/SMA-81). Granting a Special Management Area (“SMA”) Major Permit to Western Community Crossroads, LC (the “Applicant”) to allow for the demolition of three existing single‑family dwellings, and the construction of two new single-family dwellings with attached two-car garages, on an approximately 26,462 square foot shoreline lot in the R-5 Residential District, located at 55-337 Kamehameha Highway, and identified as Tax Map Key 5-5-002: 032. (Applicant: Western Community Crossroads, LC) (Transmitted by Communication D-3) (Current Deadline: 3/4/25)
Related communication:
M-60 Group 70, requesting 90-day extension of time.
D-0003(25) PLANNING AND PERMITTING - Draft Resolution granting a Special Management Area Major Permit to allow for the construction of two single-family dwellings with attached garages in Lāʻie, Oʻahu.
M-0060(25) GROUP 70 - Request for Time Extension, Hale Kahakai Ma Lāie, Resolution 25-24.
FOR ACTION
2. BILL 58 (2024), CD1 – RELATING TO THE BUILDING CODE. Amending the Building Code of the City and County of Honolulu. (Bill passed Second Reading and Public Hearing held 12/11/24)
BILL058(24), CD1 - 11-20-24 ZON
BILL058(24), CD2 - 02-13-25 ZON
BILL058(24), PROPOSED CD1 - CS1
BILL058(24), PROPOSED CD1 - CS2
BILL058(24), CD1, PROPOSED CD2 - ATUP1
BILL058(24), CD1, PROPOSED CD2 - EK1
CC-004(25) WATERS - List of Assignments for Items Pending Before the Council, effective January 3, 2025. CCM
D-0717(24) PLANNING AND PERMITTING - Draft Bill to clarify portions of the recently adopted Ordinance 24-15 — 2018 Building Code.
D-0746(24) PLANNING AND PERMITTING - Bill 58 (2024) — 2018 Building Code Housekeeping Measure.
M-0566(24) Testimony on BILL058(24) for Dec 11, 2024 @ 10:00 AM COUNCIL Meeting.
M-0085(25) Testimony on BILL058(24) for Feb 13, 2025 @ 09:00 AM ZONING (ZON) Meeting.
100924 Council Minutes - ADOPTED 11/07/24
102324 Committee on Zoning Written Summary for Video Record
112024 Committee on Zoning Written Summary for Video Record
121124 Council Minutes - ADOPTED 01/29/25
PROPOSED CD2 TO BILL 58 (2024), CD1 (Submitted by Councilmember Kiaʻāina) – The CD2 (OCS2025-0107/2/6/2025 2:03 PM) makes the following amendments:
A. Deletes unnecessary references to the "International Building Code, 2018 Edition", and "this code" throughout the bill to conform with current drafting conventions.
B. Clarifies in SECTION 6 of the bill relating to proposed new ROH Section 16‑1.1, Amendment (7a), that the title of Section 106 and Sections 106.2 and 106.3 are being added by reference and being made a part of the code.
C. Makes miscellaneous technical and nonsubstantive amendments.
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3. RESOLUTION 25-39 – 59-864 KAMEHAMEHA HIGHWAY – HALE‘IWA (2024/SMA-107). Granting a Special Management Area (“SMA”) Major Permit to Munekiyo Hiraga (“Agent”) on behalf of Hi‘ipaka, LLC (“Applicant”) to allow for construction of phased improvements, including renovation and expansion of the visitor center, reconstruction of the community resource center, installation of a rockfall fence, expansion of the existing pavilion, construction of a new traditional Hawaiian hale, upgrades to the on-site sewage treatment plant and water system, installation of new fire hydrant, and rockfall mitigation and erosion control, on approximately one acre of land zoned P-1 Restricted Preservation District, located at 59‑864 Kamehameha Highway, and identified as Tax Map Keys 6-1-002:002 and 005. (Applicant: Hi‘ipaka, LLC) (Transmitted by Communication D-37) (Current Deadline: 3/18/25)
D-0037(25) PLANNING AND PERMITTING - Draft Resolution for Special Management Area (SMA) Use Permit Waimea Valley Economic Resiliency Project 59-864 Kamehameha Highway — Hale`iwa Tax Map Keys 6-1-002: 002 and 005.
M-0077(25) WAIMEA VALLEY HIʻIPAKA LLC - Presentation on Agenda Item No. 3 for Feb 13, 2025 @ 09:00 AM ZONING (ZON) Meeting.
PROPOSED CD1 TO RESOLUTION 25-39 (Submitted by Councilmember Kiaʻāina) – The CD1 (OCS2025-0093/2/6/2025 2:39 PM) makes the following amendments:
A. Amends the resolution title to read as follows:
"GRANTING A SPECIAL MANAGEMENT AREA MAJOR PERMIT TO ALLOW FOR THE CONSTRUCTION OF CERTAIN PHASED IMPROVEMENTS IN WAIMEA VALLEY IN HALEʻIWA, OʻAHU."
B. Amends the first WHEREAS clause to clarify the description of the Project, and clarifies that the Project site is a one-acre portion of the two zoning lots totaling 1,799 acres of land on which Waimea Valley is located.
C. Amends the second WHEREAS clause to remove the reference to the testimony provided at the DPP's public hearing.
D. In Condition A, deletes the statement that any new application for an SMA Use Permit for the Project will be processed in accordance with the ordinance in effect at the time the application is accepted.
E. Deletes Condition B, which required the landowner's acknowledgement of the parcels' susceptibility to coastal hazards. Re-letters the subsequent conditions.
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F. In re-lettered Condition B, relating to protecting archaeological, historical, or cultural resources:
1. Amends Condition B.1 to provide that the Applicant is required to implement all mitigative actions and protocols required or recommended by the State Historic Preservation Division in its written determination, and under the memorandum of agreement ("MOA") executed among the Applicant, SHPD, and the U.S. Economic Development Administration.
2. Amends the last sentence to require that all mitigation protocols approved or otherwise required by SHPD and under the MOA, must be clearly stated under "Environmental Notes" on all Project construction permit plans and building permit plans.
G. In re-lettered Condition C, relating to minimizing impacts to endangered, threatened, and protected fauna:
1. Adds a new Condition C.5 to require that outdoor lights be turned off when human activity is not occurring in the lighted area, which may be achieved by installing automatic motion sensor switches and controls on exterior lights (recommended by the U.S. Department of Fish and Wildlife Service). Renumbers subsequent conditions in Condition C.
2. Moves renumbered Condition C.8 to Condition D.1.
3. Moves renumbered Condition C.9 to Condition D.2. Renumbers subsequent conditions in Condition C.
4. Amends renumbered Condition C.9 to clarify that Project contractors, subcontractors, and other personnel must be informed that the feeding of endangered, threatened, and protected avian species is prohibited.
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5. Amends renumbered Condition C.11 to provide that during periods of construction-related vehicular activity, a reduced speed limit of
5 miles-per-hour (instead of 15 miles-per-hour) must be posted and implemented in areas where endangered, protected, or threatened avian species are known to frequent. Clarifies that Project contractors, subcontractors, and other personnel must be informed of the presence of endangered, threatened, and protected waterbirds, and the reduced speed limit.
6. Amends renumbered Condition C.12 to:
a. Provide that during periods of construction-related vehicular activity, a qualified biologist or qualified Waimea Valley staff member must be retained to supervise and monitor Project work areas where endangered, protected, or threatened (instead of sensitive) avian species have been observed, including near to the community resource center and rockfall mitigation areas; and
b. Incorporate renumbered Condition C.13, which provides that if any endangered, protected, or threatened avian species are observed within a Project work area, all work within 50 feet of the observed bird must stop until the bird has voluntarily left the area. Renumbers the subsequent condition in Condition C.
7. Amends renumbered Condition C.13 to provide that prior to any Project ground-disturbing or construction activity near pond areas, a waterbird nest survey must be conducted. Requires repeat surveys to be conducted within three days after the commencement of Project activity near pond areas, and after any subsequent delay of Project work for three or more days. If any endangered, threatened, and protected waterbird nests or broods are found, requires the Applicant to immediately contact the U.S. Fish and Wildlife Services for further guidance, and:
a. Establish and maintain a 100-foot buffer of no activity around all active nest sites or broods until the chicks or ducklings have fledged; and
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b. Retain a biological monitor familiar with the waterbird species’ biology, who must be present near the nest site until the chicks or ducklings have fledged.
H. In re-lettered Condition D, relating to minimizing the spread of harmful invasive species, adds that the condition is also meant to minimize impacts to endangered, threatened, and protected flora that may be present on the Project site, and:
1. Moves former renumbered Condition C.8 to Condition D.1, relating to the use of native Hawaiian plant species for new Project landscaping, and adds a reference link to the publication Native Hawaiian Plants for Landscaping, Conservation, and Reforestation.
2. Moves former renumbered Condition C.9 to Condition D.2, relating to compliance with the State Department of Agriculture's Plant Quarantine Interim Rule restricting the movement of coconut rhinoceros beetle host material. Renumbers subsequent conditions in Condition D.
3. Amends renumbered Condition D.3 to add that no importation of soil or structural fill material is currently proposed.
I. Makes miscellaneous technical and nonsubstantive amendments.
4. RESOLUTION 25-19 – CONFIRMING THE NOMINATION OF DAWN E. TAKEUCHI APUNA TO SERVE AS DIRECTOR OF PLANNING AND PERMITTING. Confirming the nomination of Dawn E. Takeuchi Apuna to serve as the Director of Planning and Permitting of the City and County of Honolulu. (Transmitted by Communication MM-1; Public hearing held 1/29/25)
MM-001(25) MAYOR BLANGIARDI - Letter Requesting City Council's Confirmation of the Appointees for Temporary Commission.
D-0065(25) BOARD OF WATER SUPPLY - Testimony on RES25-19 for Jan 29, 2025 @ 10:00 AM COUNCIL Meeting.
M-0036(25) Testimony on RES25-019 for Jan 29, 2025 @ 10:00 AM COUNCIL Meeting.
012925 Council Minutes - ADOPTED 02/26/25
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EXECUTIVE SESSION
If the need arises with respect to any item on this agenda, then pursuant to Hawaiʻi Revised Statutes Sections 92-4 and 92-5(a)(4), the Committee may consult in a closed meeting with its attorneys in executive session on questions and issues pertaining to the Council’s powers, duties, privileges, immunities and/or liabilities relating to that item.
ESTHER KIAʻĀINA, Chair
Committee on Zoning