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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 & PLANNING |
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Voting Members: Esther Kiaʻāina, Chair Tommy Waters, Vice Chair Radiant Cordero Val A. Okimoto Andria Tupola |
AGENDA
REGULAR MEETING
CITY COUNCIL CHAMBER
TUESDAY, SEPTEMBER 23, 2025
1:00 P.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: 88902890375 and Passcode 176612.
2. To testify by videoconference visit the Honolulu Records Collection, type the following into the address bar of the
browser: 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 1:00 p.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.
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Written testimony may be uploaded through the Honolulu Records Collection, type the following into the address bar of the
browser: 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 on the Honolulu Records Collection, type the following into the address bar of the
browser: https://hnldoc.ehawaii.gov.
Should you have any questions, please call (808) 768-9230 or send an email to sherry.arca@honolulu.gov.
Meeting materials are accessible on the Honolulu Records Collection, type the following into the address bar of the browser: https://hnldoc.ehawaii.gov/hnldoc/browse/agendas by clicking on the appropriate Committee meeting.
The meeting will be viewable: (1) by internet live streaming on the Honolulu City Council YouTube Channel, type the following into the address bar of the
browser: 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 on the Honolulu City Council YouTube Channel, type the following into the address bar of the
browser: 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 ACTION
1. RESOLUTION 25-238 – REAPPOINTMENT OF MAHEALANI CYPHER TO SERVE ON THE O‘AHU HISTORIC PRESERVATION COMMISSION. Confirming the reappointment of Mahealani Cypher to serve on the O‘ahu Historic Preservation Commission of the City and County of Honolulu for a term to expire on June 16, 2030. (Transmitted by Communication MM-126) (Public hearing held 9/3/25)
MM-126(25) MAYOR BLANGIARDI - Draft Resolution confirming the reappointment of Mahealani Cypher to service on the Oʻahu Historic Preservation Commission of the City and County of Honolulu.
M-0443(25) Testimony on RES25-238 for Sep 3, 2025 @ 10:00 AM COUNCIL Meeting.
090325 Council Minutes - ADOPTED 11/05/25
PROPOSED CD1 TO RESOLUTION 25-238 (Submitted by Councilmember Kiaʻāina) – The CD1 (OCS2025-0701/9/11/2025 2:06 PM) makes the following amendments:
A. Deletes the 3rd and 6th WHEREAS clauses for consistency with other Oʻahu Historic Preservation Commission confirmation resolutions.
B. Splits the now 3rd WHEREAS clause into two separate WHEREAS clauses.
C. Amends the now 6th WHEREAS clause by referencing Mayor's Message 126 (2025), dated August 14, 2025.
D. Makes miscellaneous technical and nonsubstantive amendments.
2. RESOLUTION 25-237 – APPOINTMENT OF KATHARINE STEPHENS TO SERVE ON THE O‘AHU HISTORIC PRESERVATION COMMISSION. Confirming the appointment of Katharine Stephens to serve on the O‘ahu Historic Preservation Commission of the City and County of Honolulu for a term to expired on June 16, 2030. (Transmitted by Communication MM-125) (Public hearing held 9/3/25)
MM-125(25) MAYOR BLANGIARDI - Draft Resolution confirming the appointment of Katherine Stephens to serve on the Oʻahu Historic Preservation Commission of the City and County of Honolulu.
M-0467(25) Testimony on RES25-237 for Sep 3, 2025 @ 10:00 AM COUNCIL Meeting.
090325 Council Minutes - ADOPTED 11/05/25
PROPOSED CD1 TO RESOLUTION 25-237 (Submitted by Councilmember Kiaʻāina) – The CD1 (OCS2025-0700/9/10/2025 3:10 PM) makes the following amendments:
A. Splits the 3rd WHEREAS clause into two separate WHEREAS clauses.
B. Amends the now 6th WHEREAS clause by correcting the spelling of Mr. Farden's name.
C. Amends the now 7th WHEREAS clause by referencing Mayor's Message 125 (2025), dated August 14, 2025.
D. Makes miscellaneous technical and nonsubstantive amendments.
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3. BILL 51 (2025), CD1 – SPECIAL IMPROVEMENT DISTRICT NO. 2. Amending Special Improvement District No. 2 and superseding any conflicting provisions. (Bill passed second reading and public hearing held 9/3/25)
BILL051(25), CD1 - 08-21-25 ZON
BILL051(25), CD2 - 09-23-25 ZON
BILL051(25), PROPOSED CD1 - TDST1
BILL051(25), CD1, PROPOSED CD2 - EK1
BILL051(25), CD1, PROPOSED CD2 - EK2
CC-224(25) CITY CLERK - Bill 51, CD1 Downtown Honolulu Business Improvement District.
MM-137(25) MANAGING DIRECTOR - Bill 51, CD1.
M-0355(25) Testimony on BILL051(25) for Jul 9, 2025 @ 10:00 AM COUNCIL Meeting.
M-0369(25) Testimony on BILL051(25) for Jul 9, 2025 @ 10:00 AM COUNCIL Meeting.
M-0385(25) TRADEWIND CAPITAL - Presentation on Bill 51 (2025) for July 28, 2025 @ 09:00 AM ZONING & PLANNING (ZON) Special Meeting.
M-0383(25) Testimony on BILL051(25) for Jul 28, 2025 @ 09:00 AM *ZONING & PLANNING (ZON) Meeting.
M-0387(25) Testimony on BILL051(25) for Jul 28, 2025 @ 09:00 AM *ZONING & PLANNING (ZON) Meeting.
M-0388(25) Testimony in Support of Bill 51 for Jul 28, 2025 @ 09:00 AM *ZONING & PLANNING (ZON) Meeting.
M-0405(25) Testimony on BILL051(25) for Aug 21, 2025 @ 09:00 AM *ZONING & PLANNING (ZON) Meeting.
M-0440(25) Presentation on Bill 51 (2025) for August 21, 2025 @ 09:00 AM ZONING & PLANNING (ZON) Meeting.
M-0428(25) Testimony on BILL051(25) for Aug 21, 2025 @ 09:00 AM *ZONING & PLANNING (ZON) Meeting.
M-0450(25) Testimony on BILL051(25) for Sep 3, 2025 @ 10:00 AM COUNCIL Meeting.
M-0477(25) Testimony on BILL051(25) for Sep 3, 2025 @ 10:00 AM COUNCIL Meeting.
M-0489(25) Tradewind Capital - Presentation on BILL051(25), CD1 for September 23, 2025 @ 01:00 PM ZONING (ZON) Meeting.
M-0483(25) Testimony on BILL051(25) for Sep 23, 2025 @ 01:00 PM *ZONING & PLANNING (ZON) Meeting.
072825 Committee on Zoning & Planning Special Meeting Written Summary for Video Record
070925 Council Minutes - ADOPTED 08/06/25
082125 Committee on Zoning & Planning Meeting Written Summary for Video Record
090325 Council Minutes - ADOPTED 11/05/25
PROPOSED CD2 TO BILL 51 (2025), CD1 (Submitted by Councilmember Kiaʻāina) – The CD2 (OCS2025-0728/9/16/2025 2:32 PM) makes the following amendments:
A. In SECTION 2 of the bill, provides that the District's boundaries; supplemental services and improvements to be provided or financed; rate or method of apportionment of the special assessment; number of members on the District Association Board of Directors; and budget for the District's first fiscal year are revised by replacing the Plan attached to Ordinance 02-48, as amended by Ordinance 07-44, with the Downtown Honolulu Business Improvement District Plan ("Revised Plan")
B. In SECTION 2 of the bill, adds descriptions of the items amended in the Revised Plan as follows:
1. Item 5 – Increases the total number of members on the District Association Board of Directors from 17 to 20, by increasing the number voting members elected by fee simple owners and ground lessees of property located within the District from nine to 12, as detailed in the Revised Plan; and
2. Item 6 - Incorporates a new $1,900,000 budget for the Downtown Honolulu Business Improvement District's first fiscal year, as set forth in the Revised Plan.
C. Makes miscellaneous technical and nonsubstantive amendments.
Related communication:
CC-224 City Clerk, Bill 51 (2025), CD1 Downtown Honolulu Business Improvement District
4. BILL 62 (2025) – BED AND BREAKFAST HOME AND TRANSIENT VACATION UNIT STANDARDS AND REQUIREMENTS. Relating to amendments to bed and breakfast home and transient vacation unit standards and requirements initially made under Ordinance 24-14, but inadvertently omitted under Ordinance 25-2. (Transmitted by Communication D-658) (Current Deadline: 11/18/25) (Bill passed first reading on 9/3/25)
BILL062(25), CD1 - 09-23-25 ZON
D-0658(25) PLANNING COMMISSION - Draft Bill relating to amendments to bed and breakfast home and transient vacation unit sstandards and requirements initially made under Ordinance 24-14, but inadvertently omitted under Ordinance 25-2.
M-0446(25) Testimony on BILL062(25) for Sep 3, 2025 @ 10:00 AM COUNCIL Meeting.
M-0480(25) Testimony on BILL062(25) for Sep 23, 2025 @ 01:00 PM *ZONING & PLANNING (ZON) Meeting.
090325 Council Minutes - ADOPTED 11/05/25
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5. RESOLUTION 25-229 – 56-157 KAMEHAMEHA HIGHWAY – MĀLAEKAHANA (2025/SMA-32). Granting a Special Management Area Major Permit to Sea Turtle Estates, LLC to allow for the construction of a two-story single‑family dwelling with a detached garage and recreation room, on an approximately 1.36‑acre shoreline lot zoned R-5 Residential District, located at 56‑157 Kamehameha Highway, and identified as Tax Map Key 5-6-001: 089. (Applicant: Sea Turtle Estates, LLC) (Transmitted by Communication D-619) (Current Deadline: 10/4/25)
D-0619(25) PLANNING AND PERMITTING - Draft Resolution for Special Management Area (SMA) Major Permit Zucco Single Family Dwelling with Detached Garage 56-157 Kamehameha Highway — Mālaekahana Tax Map Key 5-6-001: 089.
M-0491(25) Whale Environmental Services, LLC - Presentation on RES25-229 for September 23, 2025 @ 01:00 PM ZONING (ZON) Meeting.
PROPOSED CD1 TO RESOLUTION 25-229 (Submitted by Councilmember Kiaʻāina) – The CD1 (OCS2025-0720/9/17/2025 11:20 AM) makes the following amendments:
A. Amends the title of the resolution to read:
"GRANTING A SPECIAL MANAGEMENT AREA MAJOR PERMIT TO ALLOW FOR THE DEMOLITION OF AN EXISTING SINGLE-UNIT DWELLING, AND THE CONSTRUCTION OF A NEW SINGLE-UNIT DWELLING, DETACHED GARAGE WITH A RECREATION ROOM, INDIVIDUAL WASTEWATER SYSTEM, AND OTHER IMPROVEMENTS IN MĀLAEKAHANA, OʻAHU."
B. Amends the first WHEREAS clause to state the name of the Applicant and clarify the description of the Project.
C. Amends the third WHEREAS clause to clarify that the DPP's report and findings and recommendation of approval were transmitted within 45 calendar days (instead of working days) after the close of the public hearing.
D. Amends Condition A to provide that except as modified in the resolution, development of the Project must conform with the DPP's findings and recommendation, and the exhibits attached to the resolution.
E. In Condition C, relating to minimizing impacts to archaeological, historic, and cultural resources:
1. Amends Condition C.1 to require that the Applicant prepare and submit to the State Historic Preservation Division ("SHPD") a revised cultural impact assessment ("CIA"), and submit to the DPP a copy of SHPD's acceptance of the revised CIA.
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2. Adds a new Condition C.2 to provide that prior to the issuance of any construction permit or building permit, the Applicant is required to submit an archaeological inventory survey ("AIS") to SHPD, and submit to the DPP a copy of SHPD's acceptance of the AIS. Renumbers the subsequent items in Condition C.
3. Amends renumbered Condition C.3 to clarify that the Applicant must consult with SHPD to implement all mitigation protocols approved by SHPD, including those set forth in SHPD's written determination letter dated May 14, 2025, and the AIS. Also adds that the Applicant is required to conduct a coordination meeting with the Project's archaeological consultants and construction contractors prior to the start of construction to ensure that all appropriate persons have been informed of the mitigation protocols required by SHPD.
F. In Condition D, relating to minimizing the spread of invasive pathogens, pests, or plants:
1. Amends Condition D.3 to remove the provision relating to protocols to minimize the spread of little fire ants (the referenced OISC Protocols include provisions relating to minimizing the spread of little fire ants).
2. Amends Condition D.6 to add that the Applicant proposes to import approximately 29 cubic yards of structural fill material, but no importation of soil fill material is proposed.
G. In Condition E, relating to minimizing impacts to endangered, threatened, or protected avian, marine, and terrestrial fauna that may frequent or traverse the vicinity of the Project site:
1. Deletes Condition E.8, E.9, and E.11, relating to protocols for downed and other seabirds that are discovered on the Project site during construction activities and protocols for providing information regarding downed seabirds to Project workers, and renumbers the remaining Condition E.10 to E.8. Incorporates the provisions of deleted Conditions E.8, E.9, and E.11 in renumbered Condition E.8 and new Condition E.9.
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2. Adds a renumbered Condition E.8.e to provide that prior to the commencement of any ground-disturbing or construction activities, and upon the arrival of any new workers to the Project site, the Applicant, or their designated representative, must instruct all onsite Project workers to review information provided online by the DLNR DOFAW at https://dlnr.hawaii.gov/wildlife/seabird-fallout-season/ or any successor website or information provided by the DLNR DOFAW.
3. Adds a new Condition E.9 to provide that if any nests, eggs, fledglings, or downed seabirds are discovered during Project construction, the protocols described under Condition E.8.c must be implemented.
H. In Condition F.2, requiring the landowner to acknowledge the potential for adverse impacts related to coastal hazards, adds that portions of Tax Map Key 5‑6‑001:089 are projected to be impacted by 3.2 feet of sea level rise by the year 2100.
I. In Condition J, moves the condition relating to irrigation systems from Condition J.2 to a new Condition J.5.
J. In the BE IT FINALLY RESOLVED clause, adds the Applicant as a recipient of a copy of the resolution.
K. Replaces the exhibits attached to the resolution (for enhanced readability, the new exhibits are higher resolution versions of the original exhibits).
L. Makes miscellaneous technical and nonsubstantive amendments.
6. RESOLUTION 25-230 – 47-711A KAMEHAMEHA HIGHWAY – KAHALU‘U (2025/SMA-36). Granting a Special Management Area Major Permit to James M. and Mary E. Sipin to allow for the construction of a new single-family dwelling, and the installation of a new individual wastewater system on an approximately 29,976-square-foot shoreline lot zoned R-5 Residential District, located at 47‑711A Kamehameha Highway, and identified as Tax Map Key 4-7-014: 010. (Applicants: James M. and Mary E. Sipin) (Transmitted by Communication D‑622) (Current Deadline: 10/5/25)
D-0622(25) PLANNING AND PERMITTING - Draft Resolution for Special Management Area (SMA) Major Permit Sipin Single-Family Dwelling 47-71 1A Kamehameha Highway - Kaʻalaea Tax Map Key 4-7-01 4: 010.
M-0493(25) Whale Environmental Services, LLC - Presentation on RES25-230 for September 23, 2025 @ 01:00 PM ZONING (ZON) Meeting.
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PROPOSED CD1 TO RESOLUTION 25-230 (Submitted by Councilmember Kiaʻāina) – The CD1 (OCS2025-0721/9/17/2025 9:54 AM) 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 A NEW SINGLE-UNIT DWELLING WITH COVERED LANAIS, ATTACHED CARPORT, AND UNCOVERED PARKING SPACES, AND THE INSTALLATION OF A NEW INDIVIDUAL WASTEWATER SYSTEM IN KAHALUʻU, OʻAHU."
B. Amends the first WHEREAS clause to clarify the description of the Project.
C. Adds a new second WHEREAS clause to provide that the Project site has been submitted to a condominium property regime ("CPR"), and consists of two CPR units. The Project will be constructed on CPR Unit 1 on the mauka portion of the Project site, and there is an existing single-unit dwelling with an individual wastewater system on CPR Unit 2 on the makai portion of the Project site.
D. Amends the now third WHEREAS clause to delete reference to the type of public testimony offered at the public hearing.
E. Amends the now fourth WHEREAS clause by changing the phrase "45 working days" to "45 calendar days".
F. Amends Condition B, relating to potential impacts due to development within a mapped floodway and in an area designated as Flood Zone AEF, by moving the provisions requiring the Applicant to obtain approval from the DPP for a Floodway Permit pursuant to ROH Chapter 21A to Condition J.1, and designates the existing condition in Condition J as J.2.
G. In Condition G, relating to minimizing impacts to archaeological, historic, and cultural resources:
1. Amends Condition G.1 to:
a. Require the Applicant to prepare and submit an archaeological inventory survey ("AIS") to the State Historic Preservation Division ("SHPD") prior to issuance of any construction permit or building permit for the Project (instead of prior to commencing any ground disturbing or construction activity for the Project); and
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b. Require the Applicant to consult with recognized descendants of the area and SHPD regarding an appropriate testing strategy prior to implementing the Project's AIS.
2. Adds a new Condition G.2 to require the Applicant to consult with SHPD to implement all mitigation protocols approved by SHPD. Also requires the Applicant to conduct a coordination meeting with the Project's archaeological consultants and construction contractors prior to the start of construction to ensure that all appropriate persons have been informed of the mitigation protocols required by SHPD. Renumbers the subsequent item in Condition G.
H. In Condition H, relating to minimizing impacts to endangered, threatened, or protected avian, marine, and terrestrial fauna that may frequent or traverse the vicinity of the Project site:
1. Amends Condition H.7, relating to preconstruction nesting surveys, to:
a. Clarify that a nesting survey must be conducted prior to and during construction activities year round (instead of requiring the survey only for construction activities occurring from March through November);
b. Add that work may not proceed if downed seabirds are discovered in the course of the survey (in addition to any nests, eggs, or fledglings) and a 100-foot buffer must be observed around any discovered birds; and
c. Add that prior to the commencement of any ground-disturbing or construction activities, and upon the arrival of any new workers to the Project site, the Applicant, or a designated representative of the Applicant, must instruct all onsite Project workers to review seabird protection information provided online by the State of Hawaiʻi Department of Land and Natural Resources ("DLNR") Division of Forestry and Wildlife ("DOFAW") at https://dlnr.hawaii.gov/wildlife/seabird-fallout-season/ or any successor website or information provided by the DLNR DOFAW.
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2. Adds a new Condition H.8 to provide that if any nests, eggs, fledglings, or downed seabirds are discovered during Project construction, the protocols described under Condition H.7.c must be implemented.
I. In Condition I, relating to minimizing the spread of invasive pathogens, pests, or plants:
1. Amends Condition I.1 to specify that the Applicant is proposing to import approximately 103 cubic yards of structural fill material (rather than no importation of fill material). Clarifies that no importation of soil fill material is proposed.
2. Adds a new Condition I.5 to provide that to the extent practicable, native plant species appropriate for the area must be used for new Project landscaping, with no use of invasive species. Recommends referencing the Plant Pono website at https://plantpono.org/; and
3. Adds a new Condition I.6 to require the Applicant to comply with the State Department of Agriculture's Plant Quarantine Interim Rule, or any successor rule adopted by the State of Hawaiʻi Department of Agriculture, that restricts the movement of coconut rhinoceros beetle host material.
J. Makes miscellaneous technical and nonsubstantive amendments.
7. RESOLUTION 25-245 – 56-225 KAMEHAMEHA HIGHWAY – MĀLAEKAHANA (2025/SMA-43). Granting a Special Management Area Major Permit to Noelle E. Remington to allow for the construction of an addition to an existing single-unit dwelling and the construction of a new single-unit dwelling with a new individual wastewater system on an approximately 31,480-square-foot shoreline lot zoned R-5 Residential District, located at 56-225 Kamehameha Highway, and identified as Tax Map Key 5-6-001: 078. (Applicant: Noelle E. Remington) (Transmitted by Communication D-645) (Current Deadline: 10/18/25)
D-0645(25) PLANNING AND PERMITTING - Draft Resolution for Special Management Area (SMA) Major Permit Remington Single-Unit Dwellings 56-225 Kamehameha Highway - Mālaekahana Tax Map Key 5-6-001: 078.
M-0492(25) Whale Environmental Services, LLC - Presentation on RES25-245 for September 23, 2025 @ 01:00 PM ZONING (ZON) Meeting.
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PROPOSED CD1 TO RESOLUTION 25-245 (Submitted by Councilmember Kiaʻāina) – The CD1 (OCS2025-0719/9/17/2025 10:51 AM) makes the following amendments:
A. Amends the title of the resolution to read:
"GRANTING A SPECIAL MANAGEMENT AREA MAJOR PERMIT TO ALLOW FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE-UNIT DWELLING AND THE CONSTRUCTION OF A NEW SINGLE-UNIT DWELLING WITH AN INDIVIDUAL WASTEWATER SYSTEM IN MĀLAEKAHANA, OʻAHU."
B. Amends the first WHEREAS clause to clarify the description of the Project.
C. Amends the second WHEREAS clause to clarify the date of the DPP's public hearing (July 11, 2025, instead of July 8, 2025).
D. In Condition F, relating to minimizing impacts to archaeological, historic, and cultural resources:
1. Amends Condition F.1 to:
a. Require the Applicant to prepare and submit an archaeological inventory survey ("AIS") to the State Historic Preservation Division ("SHPD") prior to the issuance of any construction permit or building permit for the Project (instead of prior to commencing any ground disturbing or construction activity for the Project); and
b. Require the Applicant to consult with recognized descendants of the area and SHPD regarding an appropriate testing strategy prior to implementing the Project's AIS.
2. Adds a new Condition F.2 to require the Applicant to consult with SHPD to implement all mitigation protocols approved by SHPD. Also requires the Applicant to conduct a coordination meeting with the Project's archaeological consultants and construction contractors prior to the start of construction to ensure that all appropriate persons have been informed of the mitigation protocols required by SHPD. Renumbers the subsequent item in Condition F.
E. In Condition G, relating to minimizing impacts to endangered, threatened, or protected avian, marine, and terrestrial fauna that may frequent or traverse the vicinity of the Project site:
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1. Amends Condition G.8, relating to pre-construction nesting surveys to minimize impacts to avian fauna that may frequent or traverse the vicinity of the Project site, as follows:
a. Clarifies that a nesting survey must be conducted prior to and during construction activities year round (instead of requiring the survey only for construction activities occurring from March through November);
b. Adds that work may not proceed if downed seabirds are discovered in the course of the survey (in addition to any nests, eggs, or fledglings) and a 100-foot buffer must be observed around any discovered birds; and
c. Adds that prior to the commencement of any ground-disturbing or construction activities, and upon the arrival of any new workers to the Project site, the Applicant, or their designated representative, must instruct all onsite Project workers to review seabird protection information provided online by the DLNR DOFAW at https://dlnr.hawaii.gov/wildlife/seabird-fallout-season/ or any successor website or information provided by the DLNR DOFAW.
2. Adds a new Condition G.9 to provide that if any nests, eggs, fledglings, or downed seabirds are discovered during Project construction, the protocols described under Condition G.8.c must be implemented.
F. In Condition I, relating to minimizing the spread of invasive pathogens, pests, or plants:
1. Adds a new Condition I.5 to provide that to the extent practicable, native plant species appropriate for the area must be used for new Project landscaping, with no use of invasive species. Recommends referencing the Plant Pono website at https://plantpono.org/.
2. Adds a new Condition I.6 to require the Applicant to comply with the State Department of Agriculture's Plant Quarantine Interim Rule, or any successor rule adopted by the State Department of Agriculture, that restricts the movement of coconut rhinoceros beetle host material.
G. Makes miscellaneous technical and nonsubstantive amendments.
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8. RESOLUTION 25-246 – 914 C PUNAHELE PLACE – WAILUPE (2025/SMA-29). Granting a Special Management Area Major Permit to AJ Beach LLC and
JB Beachside LLC to allow for the construction of a new single-unit dwelling on an approximately 13,724 square feet shoreline lot zoned R‑10 Residential District, located at 914 C Punahele Place, in Wailupe, and identified as Tax Map Key 3‑6‑002: 009. (Applicants: AJ Beach LLC and JB Beachside LLC) (Transmitted by Communication D-664) (Current Deadline: 10/25/25)
D-0664(25) PLANNING AND PERMITTING - Draft Resolution Special Management Area (SMA) Major Permit AJ Beach LLC and JB Beachside LLC Construction of New Single-Family Dwelling 914 C Punahele Place — Wailupe Tax Map Key 3-6-002: 009.
M-0481(25) PLANNING SOLUTIONS INC. - Presentation on RES25-246 for September 23, 2025 @ 01:00 PM ZONING & PLANNING (ZON) Meeting.
PROPOSED CD1 TO RESOLUTION 25-246 (Submitted by Councilmember Kiaʻāina) – The CD1 (OCS2025-0718/9/17/2025 10:25 AM) makes the following amendments:
A. Amends the title of the resolution to read:
"GRANTING A SPECIAL MANAGEMENT AREA MAJOR PERMIT TO ALLOW FOR THE CONSTRUCTION OF A NEW SINGLE-UNIT DWELLING WITH ACCESSORY STRUCTURES AND IMPROVEMENTS IN WAILUPE, OʻAHU."
B. Amends the first WHEREAS clause to clarify the description of the Project.
C. Amends the second WHEREAS clause to delete the description of the testimony provided for and at the public hearing.
D. Amends Condition B to move the provisions requiring the Applicant to obtain a Minor Shoreline Structure ("MSS") permit for the Project's roof overhang that encroaches approximately two feet into the 60-foot shoreline setback area to Condition L.1, and designates the existing condition in Condition L as L.2.
E. Amends Condition C.2, requiring the landowner to acknowledge the potential for adverse impacts related to coastal hazards, to clarify that the entirety of Tax Map Key 3‑6-002:009 is projected to be impacted by 3.2 feet of sea level rise by the year 2100 and that the proposed development is located within the 3.2-foot sea level rise exposure area.
F. In Condition G, relating to the preservation of beach sands and coastal dunes, adds a new Condition G.3, which states that landscaping may not extend into any adjoining beach access right-of-way, public or private. Renumbers the subsequent items in Condition G.
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G. Amends Condition I.2 to require the Applicant to consult with SHPD to implement all mitigation protocols approved by SHPD. Also requires the Applicant to conduct a coordination meeting with the Project's archaeological consultants and construction contractors prior to the start of construction to ensure that all appropriate persons have been informed of the mitigation protocols required by SHPD.
H. In Condition J, relating to minimizing impacts to endangered, threatened, or protected avian, marine, and terrestrial fauna that may frequent or traverse the vicinity of the Project site:
1. Adds a new Condition J.8 to require that preconstruction nesting surveys be conducted by a qualified biologist familiar with the biology of State and federal endangered, threatened, or otherwise protected avian species, including migratory birds and Hawaiian seabirds and waterbirds, prior to and during Project construction; and
2. Adds a new Condition J.9 to provide that if any nests, eggs, fledglings, or downed seabirds are discovered during Project construction, the protocols described under Condition J.8.c must be implemented.
I. In Condition K, relating to minimizing the spread of invasive pathogens, pests, or plants:
1. Amends Condition K.1 to add that the Applicant proposes to import approximately 450 cubic yards of structural fill material, but no importation of soil fill material is proposed;
2. Adds a new Condition K.5 to provide that to the extent practicable, native plant species appropriate for the area must be used for new Project landscaping, with no use of invasive species. Recommends referencing the Plant Pono website at https://plantpono.org/; and
3. Adds a new Condition K.6 to require the Applicant to comply with the State Department of Agriculture's Plant Quarantine Interim Rule, or any successor rule adopted by the State Department of Agriculture, that restricts the movement of coconut rhinoceros beetle host material.
J. In the BE IT FINALLY RESOLVED clause, adds the Applicant as a recipient of copies of the resolution.
Page 15
K. Makes miscellaneous technical and nonsubstantive amendments.
FOR DISCUSSION ONLY
9. BILL 56 (2025) – SPECIAL MANAGEMENT AREAS. Amending the provisions relating to special management area permits. (Bill passed first reading on 9/3/25)
BILL056(25), PROPOSED CD1 - MW1
D-0688(25) PLANNING AND PERMITTING - Bill 56 (2025) Relating to Special Management Areas (SMA) Letter of Opposition.
M-0453(25) Testimony on BILL056(25) for Sep 3, 2025 @ 10:00 AM COUNCIL Meeting.
M-0494(25) Testimony on BILL056(25) for Sep 23, 2025 @ 01:00 PM *ZONING & PLANNING (ZON) Meeting.
090325 Council Minutes - ADOPTED 11/05/25
Related communication:
D-688 Department of Planning and Permitting, Letter of Opposition.
10. RESOLUTION 25-228 – LAND USE ORDINANCE AMENDMENT RELATING TO CONDITIONAL USE PERMITS. Proposing an amendment to Chapter 21, Revised Ordinances of Honolulu 2021 (the Land Use Ordinance), relating to conditional use permits.
CC-208(25) CITY CLERK - Notice of Introduction of a Council Proposal to amend the General Plan, the Development Plans, the Zoning Ordinances, or the Subdivision Ordinance.
D-0686(25) PLANNING AND PERMITTING - Receipt of Notice of Introduction of a Resolution for a Council Proposal to Amend the General Plan, the Development Plans, the Zoning Ordinances, or the Subdivision Ordinance Request for Additional Accompanying Documentation Required for Processing the Land Use Ordinance (LUO) Amendment Resolution No. 25-228, Relating to Conditional Use Permits (CUPS). ZON CCM.
M-0496(25) Testimony on RES25-228 for Sep 23, 2025 @ 01:00 PM *ZONING & PLANNING (ZON) Meeting.
Related communications:
CC-208 City Clerk, notifying the Department of Planning and Permitting of the introduction of the Resolution.
D-686 Department of Planning and Permitting, requesting additional accompanying documentation required for processing the Land Use Ordinance amendment.
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 & Planning