KAILUA NEIGHBORHOOD BOARD NO. 31

PLANNING, ZONING AND ENVIRONMENT COMMITTEE
MEETING AGENDA
Tuesday, September 17, 2024
7:00 to 9:00 pm
In-person at Kalama Beach Park
Chair: Donna Wong. Members: Kelli Ann Kobayashi, Levani Lipton, Steve Trecker, and Gary Weller.

1. Call to Order
2. Approval of Minutes
3. Announcements
4. Resident and Community Concerns
5. Presentation: SMA permit application for 156 Kihapai Street by Mark Howland, Whale Environmental Services
6. Bill 64 (2024) Land Use Ordinance (LUO) (formerly Bill 10)
7. Ocean Safety Facility
8. Marine Corps Base Hawaii
9. Dog park at Hamakua – Funding is available to begin construction.
10. Ka’iwa Ridge (“Lanikai Pillbox”) Trail
11. Adventist Health Castle
12. Kawainui-Hamakua Master Plan Project
13. Kailua Bay water quality
14. Kailua Regional Wastewater Treatment Plant and Ocean Outfall
15. City Stormwater Utility Facility
16. Kailua public schools land transferred from City and County to State DOE
17. Olomana Ag cluster
18. Ironwood trees along Kailua Road
19. Housing that is affordable – Link to Honolulu Magazine 2015 article Who Owns Oahu https://www.honolulumagazine.com/who-owns-oahu/
20. 735 Kihapai Place city acquisition to support affordable housing
21. 330 Kuulei Rd. (Kuulei LLC) proposed apartments – 60 foot building; in Koolaupoko Sustainable Communities Plan 40-foot commercial zoning height limit
22. 320 Po’opo’o Place Driveway DEA
23. Kihapai Hale https://www.hawaiicdc.com/projects/kihapai-hale-kailua-oahu
24. 1070 Mokulua Drive SMA 4/4/24 KNB passed motion sent to DPP 5/6/24 – Reso 24-156 heard full council 8/7/24 (passed full council)
25. 580C North Kalaheo Avenue SMA Major Use Permit
26. 111 Kailuana Loop SMA pending
27. New landfill location
28. UH hybrid reef project in ocean off Marine Corps Base Hawaii
29. Kalaheo Hillside
30. Protection of Wedge tailed shearwaters ‘Ua’u kani
31. 1588 Mokulua Drive SMA Major Use Permit
32. 614 Wailepo St. – Wailepo Partners new apartment building
33. 1226 Mokulua Dr SMAP and Shoreline Setback Variance to repair/reinforce a nonconforming concrete seawall
34. BWS water tank replacement CDUA 7/15/24 (no comments)
35. 604 D North Kalaheo Ave. SMA permit application
36. 12 Kailua Road SMA permit application (motion before 9/5/24 KNB)
37. 275 Kaelepulu Drive SMA permit application (motion before 9/5/24 KNB)
38. Kailua Sand Dunes Hawaiian Civic Club resolution (motion before 9/5/24 KNB)
39. Wind turbines in the ocean
40. New Business
41. Adjournment

A mailing list is maintained for interested persons and agencies to receive this board’s agenda and minutes. Additions, corrections, and deletions to the mailing list may be directed to the Neighborhood Commission Office (NCO) at Kapālama Hale, 925 Dillingham Boulevard, Suite 160, Honolulu, Hawaiʻi 96817, by telephone on (808) 768-3710, fax (808) 768-3711, or e-mailing nco@honolulu.gov. Agenda documents and minutes are also available online at http://www.honolulu.gov/nco/boards.html

All written testimony must be received in the Neighborhood Commission Office 48 hours prior to the meeting. If within 48 hours of the meeting, written and/or oral testimony may be submitted directly to the Board at the meeting. If submitting written testimony, please note the Board and agenda item(s) your testimony concerns. Send to: Neighborhood Commission Office, 925 Dillingham Boulevard, Suite 160, Honolulu, HI 96817, fax (808) 768-3711, or email nbtestimony@honolulu.gov.

If you need an auxiliary aid/service or other accommodation due to a disability or an interpreter for a language other than English, please call the Neighborhood Commission Office at (808) 768-3710 between 8:00 a.m. and 4:00 p.m. or send an email to nco@honolulu.gov at least three (3) business days before the scheduled meeting. It may not be possible to fulfill requests received after this date.

Planning, Zoning & Environment (PZ&E) Committee
August 2024 Meeting Report
Chair, Donna Wong

1. A committee meeting was held in-person on August 20, 2024, chaired by Donna Wong and attended by committee members Steve Trecker and Gary Weller.

2. Presentations were made on two Special Management Area (SMA) applications, 12 Kailua Road and 275 Kaelepulu Drive.

3. In separate motions, approved by those present, recommended conditions be placed on the applications for 12 Kailua Road and 275 Kaelepulu Drive.
a. Motion #1: 12 Kailua Road SMA
The Kailua Neighborhood Board recommends that the following conditions be placed on the SMA application for the proposed construction of a 5,745-sf house with 7 bathrooms and 5 parking spaces at 12 Kailua Road.
(1) Condition that clarifies that the Project plans, including any exhibits and calculations required by the LUO, must be updated to accurately portray the Project site boundaries and accurately determine whether the Project is consistent with LUO development standards
(2) Condition, the Applicant, in consultation with SHPD, shall implement an archaeological monitoring plan during ground-disturbing activity and Project construction to ensure that archaeological and cultural resources are identified and treated property. Also clarifies that the archaeological monitoring plan must include the onsite presence of a licensed archaeologist during excavation work to ensure that iwi kupuna and other historic resources are appropriately handled. The archaeological monitoring plan must meet the standards of Hawaii Administrative Rules (HAR) Chapter 13-279
(3) Condition that the Applicant must protect from further disturbance any previously unidentified archaeological sites or remains that are encountered.
(4) Condition clarifies that prior to the issuance of any building permit for the Project, the Applicant shall submit to the DPP for review and approval a revised landscape plan that shows the use of low-risk plants as designated on the Plant Pono website at https://plantpono.org/pono-plants/. Also clarifies that no high-risk plants as designated on the Plant Pono website at https://plantpono.org/high-risk-plants/ may be planted on the Project site.
(5) Condition – lighting.
(a) Prohibits artificial light from exterior light fixtures from directly illuminating or projecting across property boundaries toward the shoreline and ocean waters, except as otherwise permitted by HRS 205A-7.1(b)
(b) Requires exterior light fixtures to be fully shielded.
(c) Requires exterior lighting to be turned off when human activity is not occurring in the illuminated area
(6) Condition that all Project site work and construction activities are limited to daylight hours to avoid collisions and fatalities during seabird fledging season from September 15 through December 15.
(7) Condition provides that barbless fencing must be used for all fence construction to avoid the entanglement of Hawaiian hoary bats
(8) Condition clarifies that a 300-foot buffer must be observed if a monk seal pup is present
(9) Condition that approximately one year after the issuance of a certificate of occupancy for the Project, the Applicant shall submit to DOFAW for review and approval a post-construction survey to detect whether the Project site contains any invasive species that have spread from the imported fill materials and recommend mitigative measures to address any spread. The Applicant shall implement the recommendations of the post-construction survey approved by DOFAW.
(10) Condition that landscaping may not extend seaward of the shoreline as depicted in the current certified shoreline survey for the shoreline lot, or in the event there is no current certified shoreline survey for the lot, seaward of the shoreline as defined in HRS 205A
(11) Project must comply with the following requirements:
(a) The single-family detached dwelling and accessory dwelling unit must be redesigned with perimeter wall/stem wall foots with foot floor frame structure (instead of slab on grade)
(b) Excavation is limited to following:
1 Excavation beneath the single-family detached dwelling perimeter walls that will be approximately 7 feet above mean sea level (MSL)
2 Excavation beneath the accessory dwelling unit perimeter walls will be approximately 8 feet 6 inches above MSL
3 The use of fill material is limited to what is needed to level the grade for slap-on-grade foundations for the garage, auto court/driveway and area surrounding the swimming pool
4 Native fill material must be used prior to the importation of fill material. Cut soil material (excavated native material) is estimated to be approximately 770 cubic yards. Prior to the importation of any fill material, the Applicant shall submit a materials analysis to the State DLNR, Division of Forestry and Wildlife for review and approval. The materials analysis must show that:
• All fill materials have similar characteristics and are of similar quality as the existing soil materials on the Project site, and will not adversely impact the SMA resources; and
• All fill materials are clean and do not contain invasive fungal pathogens, vertebrate and invertebrate pests, or invasive plant parts that may harm native species and ecosystems
(12) Condition that if iwi are found that the burial treatment plan must meet the standards of HRS 13-300-33.
(13) Condition that construction equipment using Kailua Road which is an access to Kailua Beach Park be limited to weekdays and mornings before 12:00 noon.
(14) Condition that construction of the house, which is to be built up to the 40-foot shoreline setback, be set back at least 10 feet to ensure it is out of the 3.2 ft sea level rise area and annual high wave flood and coastal erosion areas.
b. Motion #2: 275 Kaelepulu Drive SMA
The Kailua Neighborhood Board recommends that the following conditions be placed on the SMA application for the proposed construction of a 10,732-sf house with 6 bathrooms and 11 parking spaces at 275 Kaelepulu Drive.
(1) Condition that the applicant must protect from further disturbance any previously unidentified archaeological sites or remains that are encountered.
(2) Condition clarifies that prior to the issuance of any building permit for the Project, the Applicant shall submit to the DPP for review and approval a revised landscape plan that shows the use of low-risk plants as designated on the Plant Pono website at https://plantpono.org/pono-plants/. Also clarifies that no high-risk plants as designated on the Plant Pono website at https://plantpono.org/high-risk-plants/ may be planted on the Project site.
(3) Condition – lighting
(a) Prohibits artificial light from exterior light fixtures from directly illuminating or projecting across property boundaries toward the shoreline and ocean waters, except as otherwise permitted by HRS 205A-7.1(b)
(b) Requires exterior light fixtures to be fully shielded.
(c) Requires exterior lighting to be turned off when human activity is not occurring in the illuminated area
(4) Condition all Project site work and construction activities are limited to daylight hours (from sunrise to sunset). (This is consistent with the DPP’s report and replaces the existing language that nighttime work must be avoided during the seabird fledging season from September 15 through December 15.)
(5) Condition provides that barbless fencing must be used for all fence construction to avoid the entanglement of Hawaiian hoary bats
(6) Condition that approximately one year after the issuance of a certificate of occupancy for the Project, the Applicant shall submit to DOFAW for review and approval a post-construction survey to detect whether the Project site contains any invasive species that have spread from the imported fill materials and recommend mitigative measures to address any spread. The Applicant shall implement the recommendations of the post-construction survey approved by DOFAW.

4. A scheduled presentation on the SMA application for 604 D N. Kalaheo Avenue did not occur because the presenter was ill and there was no representative. The committee reviewed the submitted materials for 604 D N. Kalaheo Avenue and had no comments.

5. Since comments on the UH hybrid ocean reef project were due August 22, 2024, before the Kailua Neighborhood Board meeting, the committee did not have any comments.

6. After reviewing the BWS Conservation District Use Application (CDUA) for water tank and tower replacement reservoir on the Oneawa hillside, the committee had no comments.

7. The committee supports the Kailua Hawaiian Civic Club resolution before the Oahu Historic Preservation Commission.
a. Motion #3: The Kailua Neighborhood Board supports the Kailua Hawaiian Civic Club resolution to protect iwi kupuna in Kailua:
RELATING TO THE PROTECTION OF IWI KŪPUNA IN KAILUA
WHEREAS, much of Kailua is constructed on Jaucas sands; and
WHEREAS, it is clear that Kailua’s Jaucas sands were used as a community burial ground; and
WHEREAS, in the Kailua sand berm area no fewer than 338 iwi kupuna have been found in Kailua
sands since 1933; and
WHEREAS, it is in the community interest to protect human burials to the extent possible; and
WHEREAS, the State Historic Preservation Division (SHPD) is precluded from reviewing permit
applications for single family residences unless they are on the Hawaii or National Registers of Historic
Places; and
WHEREAS, excavations for residential pools and for home construction are not reviewed by
SHPD which often results in the mistreatment of iwi kūpuna; and
WHEREAS, expecting individual homeowners to comply with laws designed to protect iwi
kupuna could impose onerous costs and delays on those owners; and
WHEREAS, the Jaucas sands area of Kailua is identified in the attached plan; and
NOW, THEREFORE , the following shall be done:
1. The Department of Planning and Permitting work with SHPD to develop a Monitoring Plan for all
ground-disturbing work on Jaucas sands in Kailua and that this Monitoring Plan be mandated for
all sites in Kailua located on Jaucas sands.
2. That this monitoring plan be prepared within one year of this date.
3. The Department of Planning and Permitting shall attach the monitoring plan to every permit
awarded for properties in the Kailua Jaucas sands area.

To view agenda and minutes, visit our board website.

Event shows physical location; however, other options of participation may also include WebEx and phone.  If available, instructions for WebEx and phone can be found at the top of the agenda.