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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: Calvin K.Y. Say, Chair Tyler Dos Santos-Tam, Vice Chair Radiant Cordero Esther Kiaʻāina Matt Weyer |
AGENDA
REGULAR MEETING
CITY COUNCIL CHAMBER
WEDNESDAY, JULY 24, 2024
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.
Remote Testimony
1. For direct access to submit oral testimony call: +1-253-215-8782, enter ID: 84231728094 and Passcode: 873259.
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.
Should you have any questions, please call (808) 768-3816 or send an email to kiana.pascual@honolulu.gov.
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Meeting materials (“board packet” under HRS Section 92-7.5) are accessible at https://hnldoc.ehawaii.gov/hnldoc/browse/agendas by clicking on the appropriate Committee meeting.
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 kiana.pascual@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 24-154 – 3037 KALĀKAUA AVENUE – DIAMOND HEAD (2024/SMA-23). Granting a Special Management Area (“SMA”) Major Permit to Tonggs Holdings, Ltd. (“Applicant”) to allow the demolition of an existing two-story single-family dwelling, the construction of a new two-story single-family dwelling, alteration of the driveway, repair or replacement of the fence along the side and rear yards, repair of the existing storm drain pipeline, and landscape upgrades on approximately 5,353 square feet of land zoned R-5 Residential District, located at 3037 Kalākaua Avenue in Diamond Head, and identified as Tax Map Key 3‑1‑033: 006. (Applicant: Tongs Holdings, Ltd.) (Transmitted by Communication D-427[24]) (Current Deadline for Council action: 8/9/24)
D-0427(24) PLANNING AND PERMITTING - Draft Resolution relating to Special Management Area (SMA) Use Permit Application, 3037 Kalākaua Avenue — New Two-Story Residence, 3037 Kalākaua Avenue — Diamond Head, Tax Map Key 3-1 -033: 006.
M-0322(24) ENVIRONMENTAL RISK ANALYSIS LLC - Presentation on RES24-154 for JUL 24, 2024 @ 9:00 AM Zoning (ZON) Meeting.
2. RESOLUTION 24-155 – 10 POʻIPŪ PLACE – MAUNALUA (2024/SMA-14). Granting a Special Management Area (“SMA”) Major Permit to Spencer P. and Patrick K. McInnis (“Applicants”) to allow (retain) unauthorized alterations to an existing single‑family dwelling, including the construction of an in-ground swimming pool and spa, upper wood deck with stairways, a roof‑top deck with a small bedroom extension below, and the renovation of the existing nonconforming lower wood deck, and handrails on a 39,007 square feet cliff-side shoreline lot zoned R-10 Residential District, located at 10 Poʻipū Place in Maunalua, and identified as Tax Map Key 3-9-028: 008. (Applicants: Spencer P. and Patrick K. McInnis) (Transmitted by Communication D‑431[24]) (Current Deadline for Council action: 8/11/24)
D-0431(24) PLANNING AND PERMITTING - Draft Resolution relating to Special Management Area (SMA) Major Permit, “After-the-Fact” McInnis Single-Family Residence Alterations, 10 Po'ipū Place — Maunalua, Tax Map Key 3-9-028: 008.
M-0325(24) PLANNING SOLUTIONS, INC. - Presentation on RES24-155 for JUL 24, 2024 @ 9:00 AM Zoning (ZON) Meeting.
3. RESOLUTION 24-156 – 1070 MOKULUA DRIVE – LANIKAI (2024/SMA-24). Granting a Special Management Area (“SMA”) Major Permit to Mokulua Windward, LLC (“Applicant”) to allow for the construction of a new two-story, single-family detached dwelling with a pool, spa, and detached pool house on approximately 16,930 square feet of land zoned R-10 Residential District, located at 10 Mokulua Drive in Lanikai, and identified as Tax Map Key 4-3-006: 106. (Applicant: Mokulua Windward, LLC) (Transmitted by Communication D-433[24]) (Current Deadline for Council action: 8/11/24)
D-0433(24) PLANNING AND PERMITTING - Draft Resolution relating to Special Management Area (SMA) Major Permit, New Single-Family Dwelling, 1070 Mokulua Drive — Lanikai, Tax Map Key 4-3-006: 106.
M-0326(24) PLANNING SOLUTIONS, INC. - Presentation on RES24-156 for JUL 24, 2024 @ 9:00 AM Zoning (ZON) Meeting.
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PROPOSED CD1 TO RESOLUTION 24-156 (Submitted by Councilmember Say) – The Proposed CD1 (OCS2024-0621/7/18/2024 9:46 AM) makes the following amendments:
A. In the first WHEREAS clause, clarifies the description of the Project.
B. Adds a new Condition D.2. to provide for a landowner acknowledgement that Tax Map Key 4-3-006:106 is a shoreline zoning lot and may be adversely impacted by coastal hazards; the landowner agrees to assume all risk and liability for any harm to or loss of life and property due to development on a shoreline zoning lot; and the landowner further agrees to accept all responsibility for the cost and physical removal of materials and structures lost or damaged as a result of coastal hazards, including the cleanup and restoration of the Project site.
C. Amends Condition F.5., relating to landscaping and irrigation, to conform to the provisions in Condition F.2.
D. In Condition I, relating to minimizing the spread of invasive species on the Project site:
1. Amends Condition I.1. to require the Applicant to minimize the spread of invasive pathogens, pests, or plants that may harm native species and ecosystems, by minimizing the importation of fill material to the extent possible. Provides that the Applicant proposes to import approximately 40 cubic yards of structural fill material, and proposes no importation of soil fill material (the Applicant proposes onsite excavation of approximately 250 cubic yards of soil, which will be used onsite for backfill).
2. Amends Condition I.2. to require the Applicant to minimize the movement of plant or soil material on the Project site, and clarify that all Project construction equipment, materials, and personnel must be cleaned of excess soil and debris prior to entering and leaving a Project worksite, in accordance with the current recommendations from the O‘ahu Invasive Species Committee ("OISC").
3. Amends Condition I.3. to clarify that prior to the commencement of any ground-disturbing or construction activities, and upon the arrival of any new workers to the Project site, a copy of the most recently updated OISC "Decontamination Protocols for Prevention of Invasive Species" ("Protocols") must be distributed to all Project workers, or
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the Protocols must be posted at the Project site in a visible location accessible to all Project workers, or both distribution and posting of the Protocols is required. Requires all onsite Project workers to review the species photos and all Protocols prior to commencing any ground-disturbing or construction activities.
4. Amends Condition I.4. to clarify that if, at any time, species on the OISC invasive species target list website are discovered on the Project site, the Applicant is required to immediately contact the OISC to report the discovery. Also requires that the current email address and phone number for the OISC be visibly posted at the Project site during pre-construction and construction activities, and requires the Applicant to implement any measures recommended by the OISC and any responsible federal or State of Hawaiʻi agency charged with the eradication and management of the invasive species.
E. Amends Condition J.1. to provide that the Project's building permit application was accepted as complete on June 12, 2024, and must be issued no later than June 30, 2025. If the Project's building permit is not issued by June 30, 2025, the Project may not rely on the 40-foot shoreline setback that was in effect through June 30, 2024, and must instead comply with the shoreline setback required under ROH Chapter 26 effective as of July 1, 2024.
F. Makes miscellaneous technical and nonsubstantive amendments.
4. RESOLUTION 24-182 – 3 PO’IPŪ DRIVE – MAUNALUA (2024/SMA-7). Granting a Special Management Area (“SMA”) Major Permit to Randy Ortanez Trustee (“Applicant”) to allow the construction of a five-level single-family dwelling with lānai, a detached garage, a driveway and ramp to a lower level garage, an above-ground swimming pool, deck and pool pavilion, and various retaining walls on a 35,155 square feet (Cliffside) shoreline lot zoned R-10 Residential District, located at 3 Poʻipū Drive in Maunalua, and identified as Tax Map Key 3‑9‑028: 001. (Applicant: Randy Ortanez Trustee) (Transmitted by Communication D-526[24]) (Current Deadline for Council action: 9/1/24)
D-0526(24) PLANNING AND PERMITTING - Draft Resolution for granting a Special Management Area (SMA) Major Permit to allow the construction of a new Single-Family dwelling, including lānai, a detached garage, a swimming pool, deck and pool pavilion, and retaining walls in Maunalua, O'ahu.
M-0323(24) MASA FUJIOKA & ASSOCIATES - Presentation on RES24-182 for JUL 24, 2024 @ 9:00 AM Zoning (ZON) Meeting.
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5. BILL 39 (2024) – RELATING TO BUILDING PERMITS. Removes affidavit requirements for building permit applications. (Transmitted by Communication D‑522[24]) (Bill Passed First Reading on 7/10/24)
D-0522(24) PLANNING AND PERMITTING - Draft Bill for an Ordinance Relating to Building Permit Applications.
M-0312(24) Testimony on BILL039(24) for Jul 10, 2024 @ 10:00 AM COUNCIL Meeting.
M-0328(24) Testimony on BILL039(24) for Jul 24, 2024 @ 09:00 AM ZONING (ZON) Meeting.
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.
CALVIN K.Y. SAY, Chair
Committee on Zoning