COMMITTEE ON ZONING AND PLANNING

CITY COUNCIL Voting Members: CITY AND COUNTY OF Brandon J.C Elefante, Chair HONOLULU, 96813 - 3 0 7 7 Esther Kia‘āina, Vice Chair Radiant Cordero Calvin K.Y. Say

AGENDA REGULAR MEETING CITY COUNCIL CHAMBER THURSDAY, MAY 20, 2021 9:00 A.M.

PUBLIC PARTICIPATION AND TESTIMONY

Pursuant to the Nineteenth Proclamation issued by Governor David Ige on April 9, 2021, relating to the COVID-19 pandemic, in order to allow public participation in a manner consistent with social distancing practices the following procedures are in effect for the meeting:

VIEWING THE MEETING AND RESTRICTIONS ON ENTRY

Members of the public will not be allowed into the meeting room, but may view the meeting on a live broadcast. The meeting will be viewable: (1) by internet live streaming through www.honolulucitycouncil.com and (2) by televised live broadcast on Olelo TV Channel 54.

After the meeting, the meeting will be viewable on demand at http://www.honolulucitycouncil.tv/. Copies of older meeting videos may be requested by calling the City Clerk’s Office at 768-5822; charges may apply.

Some Councilmembers and presenters may be participating in the meeting by interactive conference technology from remote locations.

ORAL TESTIMONY

Oral testimony will be permitted on all items on the agenda, subject to the following restrictions:

1. Persons may submit oral testimony remotely through the Webex video conferencing platform. To participate, persons should visit www.webex.com, click “Join,” enter meeting number 187 251 3691 and complete the registration process. Registrants will receive an email that contains links and information on joining the meeting by either phone or video conference. Webex testifiers are strongly encouraged to register at least 24 hours before the start of the meeting. Remote testimony will be taken at the start of the agenda and then closed. Committee on Zoning and Planning Agenda Thursday, May 20, 2021

2. Each speaker may not have anyone else read their statement and is limited to a one-minute presentation.

WRITTEN TESTIMONY

Written testimony may be faxed to 768-3826 or transmitted via the internet at http://www.honolulu.gov/ccl-testimony-form.html for distribution at the meeting. If submitted, written testimonies, including the testifier’s address, e-mail address and phone number, will be available to the public on both the City Council’s pilot website: www.honolulucitycouncil.com as well as the City’s legacy DocuShare Website. Written testimony will not be accepted in person at the meeting.

Should you have any questions, please call 768-3801 or send an email to [email protected].

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MATERIALS AVAILABLE FOR INSPECTION

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.

Accommodations are available upon request to persons with disabilities. Please call 768-3801 or send an email to [email protected] at least three working days prior to the meeting.

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FOR EXTENSION OF TIME ONLY

1. RESOLUTION 20-308 – SMP / 47-409 (2020/SMA-27). Granting a Special Management Area (SMA) Use Permit to allow the development of a new single-story, single-family dwelling unit at 47-409 Kamehameha Highway, Kahaluu located in the R-5 Residential District and identified as Tax Map Key 4-7-009: 011. (Applicant: Takami Holdings Corporation) (Committee postponed action on 3/24/21) (Current deadline for Council action: 7/8/21)

Related communication:

M-318 (2021) Hawaii Planning LLC, submitting a 90-day extension of time request for Resolution 20-308.

2. RESOLUTION 21-115 – EXTENDING DEADLINE TO OBTAIN DEVELOPMENT PERMITS FOR THE PUPUKEA RURAL COMMUNITY COMMERCIAL CENTER. Approving a three-year extension to obtain development permits for the Pupukea Rural Community Commercial Center at 59-706, 59-712, and 59-720 Kamehameha Highway, Pupukea, approved by Resolution No. 18-245, CD1, FD1. (Applicant: Hanapohaku, LLC) (Transmitted by Communication D-294) (Current deadline for Council action: 7/5/21)

Related communication:

M-315 (2021) Sullivan Meheula Lee, LLLP, submitting a 60-day extension of time request for Resolution 21-115.

FOR ACTION

3. BILL 94 (2020) – REZONE LAND SITUATED AT MOILIILI, (2020/Z-3). To rezone land situated at 2835 and 2829 Dole Street, Moiliili, Oahu from the P-2 General Preservation District to the R-5 Residential District; identified as Tax Map Key 2-8-030: 038 and 058. (Applicant: Lily Ochoco / Wayne and Ann Okubo) (Transmitted by Communication D-737[2020]; Bill passed First Reading on 12/9/20) (Current deadline for Council action: 6/7/21)

PROPOSED UNILATERAL AGREEMENT – The proposed U/A (draft dated 5/7/21) to be attached as “Exhibit B” to the Bill after execution and recordation.

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Related communications:

M-69 (2021) Hawaii Planning LLC, submitting Presentation titled “Dole Street Zone Change”.

M-319 (2021) Hawaii Planning LLC, submitting a 90-day extension of time request for Bill 94 (2020).

4. BILL 18 (2020) – WAIALUA ZONE CHANGE (2019/Z-4). Rezoning land situated at 66-815 Kaukonahua Road, Waialua, Oahu from the AG-1 Restricted Agricultural District to the AG-2 General Agricultural District and identified as Tax Map Keys 6-6-019: 008 and 014. (Transmitted by Communication D-133 [2020]) (Applicant/Landowner: Gabriel and Iris Kahaulelio; John and Abigail Saguibo) (Bill passed First Reading on 5/20/20; Current deadline for Council action: 7/21/21)

PROPOSED UNILATERAL AGREEMENT – The proposed U/A (draft dated 5/12/21) to be attached as “Exhibit B” to the Bill after execution and recordation.

Related communication:

M-314 (2021) Iris Kahaulelio, submitting a 120-day extension of time request for Bill 18 (2020).

5. RESOLUTION 21-91 – SMP / PAT'S AT PUNALUU CONDOMINIUMS (2021/SMA-2). Granting a Special Management Area Use Permit to the Association of Apartment Owners (AOAO) at the Pat's at Punaluu Condominiums to allow the demolition and removal of the existing, non-functioning wastewater treatment system, and 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 – Papaakoko Beach Lots, Punaluu; and identified as Tax Map Key 5-3-008: 002. (Applicant: Association of Apartment Owners at Pat’s at Punaluu) (Transmitted by Communication D-229) (Current deadline for Council action: 6/6/21)

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PROPOSED CD1 TO RESOLUTION 21-91 (Submitted by Councilmember Elefante) – The CD1 (OCS2021-0435/5/12/2021 2:30 PM) 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

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.

6. RESOLUTION 20-174 – IPD-T PROJECT FOR KCR DEVELOPMENT (2019/SDD-79). Approving a conceptual plan for an Interim Planned Development-Transit Project to redevelop 56,250 square feet of land with a mixed- use residential and commercial project in the Ala Moana neighborhood on land zoned BMX-3 Community Business Mixed-Use District, located at 1659, 1661, 1663, 1665, 1667, 1673, 1677, 1679, and 1681 Kapiolani Boulevard and 1646 Kona Street, and identified as Tax Map Key(s) 2-3-041: 003 and 004. (Applicant: Evershine III LP) (Public hearing held on the Resolution and the proposed CD1 on 5/5/21) (Current deadline for Council action: 7/10/21)

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CD1 TO RESOLUTION 20-174 (Approved by the Committee at its meeting on April 22, 2021) (Submitted by Councilmember Elefante) – The CD1 (OCS2021- 0382/4/21/2021 3:39 PM) makes the following amendments:

A. In the resolution title and first WHEREAS clause, clarifies that the Project is a mixed use hotel, condo-hotel, apartment, and commercial development. In the first WHEREAS clause, provides that the DPP accepted the Project's IPD-T application on December 18, 2019 (instead of December 18, 2020).

B. In the fourth and sixth WHEREAS clauses, provides that the DPP's findings and recommendations on the Project, dated June 30, 2020, were received by the Council as Departmental Communication 504 (2020) on July 10, 2020.

C. In Condition A, deletes the 10-working-day deadline (after Council adoption of the resolution) for the Applicant to submit to the DPP the Project's updated plans and documents for processing of the Project's major special district permit.

D. Deletes the provisions of Condition D relating to compliance with height setback and tower separation requirements, and replaces them with provisions allowing the Project to encroach into the height setback requirements of the LUO BMX-3 District and the Ala Moana Neighborhood TOD Plan BMX-3B District, subject to a comprehensive review by the DPP of revised Project plans, and the determination by the DPP that the proposed tower orientation and encroachment into height setback requirements are accurate and have no adverse impacts on adjoining properties or the rail system.

E. In Condition E, provides that the maximum number of off-street vehicle parking spaces is 500 spaces, excluding ride share parking spaces (instead of 50 percent of the LUO parking requirement for the Project).

F. In Condition H, adds that the Applicant is required to provide bicycle rack systems to accommodate all of the required short-term and long-term bicycle parking spaces, with bicycle anchoring, security, size, and accessibility satisfying the requirements of the LUO.

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G. Adds a new Condition I.7 to require the Applicant to submit, with the Project's major special district permit application, updated plans and documents showing the tower orientation and encroachments into height setback requirements pursuant to Condition D, including modifications to the Project's plans resulting from the change to the tower orientation and encroachments, including but not limited to the addition of "eyebrows" to address wind issues, a reduction in the amenity deck area, a reduction in open space area, or a change in the area dedicated to commercial uses.

H. Adds a new Condition I.8 to require the Applicant to submit, with the Project's major special district permit application, updated plans and documents showing building design and floor plans for the onsite affordable rental units, and location, building design, and floor plans for the offsite affordable rental units.

I. In Condition J.1, provides that the required minimum 169 affordable rental units consists of at least 130 onsite affordable rental units, with the remaining affordable rental units located offsite within the Ala Moana Neighborhood TOD Plan area, to be rented to households earning 80 percent and below of the AMI, and to remain affordable for a minimum of 30 years. Application of the DPP's affordable housing requirement rules, including the room factor calculation, is required.

J. Adds a new Condition J.6 to provide that prior to the issuance of certificate of occupancy for the Project, the Applicant is required to make a $1,000,000 cash contribution to the City, to be used toward City multimodal transportation system improvements.

K. Deletes Conditions K.1 (requiring reorientation of the angled tower to a mauka-makai orientation), K.2 (requiring compliance with LUO height setbacks), and K.3 (requiring compliance with the 50-foot tower separation requirement). Condition K.4 becomes Condition K.

L. In Condition O.3:

1. Deletes the requirement that traffic demand management ("TDM") strategies include a substantial reduction in the availability of parking spaces; and

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2. Provides that the TDM strategies must include the community benefits required in Condition J.5 (relating to TDM measures to encourage the use of alternate transportation modes to minimize the number of vehicular trips for daily activities of Project residents, guests, customers, and employees).

M. Revises Condition U to conform to the standard provisions used in IPD-T resolutions relating to Project conformity with the conceptual plans approved in the resolution. Provides an exception to the requirement that the Project conform to the conceptual plan approved by the resolution in order to allow plan modifications regarding tower orientation and encroachment into height setback requirements, and to incorporate the required affordable rental units. Clarifies that any increase in height or density of the Project, or a change of use of the hotel units or condo-hotel units to residential dwelling units will be considered a significant alteration and a change to the conceptual plan.

N. Adds a BE IT FURTHER RESOLVED clause to include standard Council findings for IPD-T projects.

O. Makes miscellaneous technical and nonsubstantive amendments.

Related communications:

CC-238 (2020) Disclosure of Interest Statement submitted by Councilmember Elefante.

CC-240 (2020) Disclosure of Interest Statement submitted by Councilmember Elefante.

CC-175 (2021) Disclosure of Interest Statement submitted by Councilmember Elefante.

CC-195 (2021) Disclosure of Interest Statement submitted by Councilmember Elefante.

CC-201 (2021) Disclosure of Interest Statement submitted by Councilmember Elefante.

CC-202 (2021) Disclosure of Interest Statement submitted by Councilmember Elefante.

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7. RESOLUTION 21-16 – SMP / HALEIWA BEACH HOUSE RESTAURANT (2020/SMA-36). Granting an after-the-fact Special Management Area (SMA) Use Permit (SMP) for renovations to the Haleiwa Beach House restaurant (HBH) on approximately 0.541 acre of land zoned B-1 Neighborhood Business District, located at 62-540 Kamehameha Highway in Haleiwa, and identified as a portion of Tax Map Key 6-2-003: 014. (Applicant: A 6 LLC) (Transmitted by Communication D-9A and D-9B) (Current deadline for Council action: 7/3/21)

PROPOSED CD1 TO RESOLUTION 21-16 (Submitted by Councilmember Tsuneyoshi) – The CD1 (OCS2021-0297/4/1/2021 9:10 AM) makes the following amendments:

A. Revises the resolution title to read as follows:

"GRANTING AN AFTER-THE-FACT SPECIAL MANAGEMENT AREA USE PERMIT FOR RENOVATIONS TO THE HALEIWA BEACH HOUSE RESTAURANT."

B. Revises the first WHEREAS clause to clarify the description of the Project.

C. In the second WHEREAS clause, clarifies that no members of the public testified at the public hearing.

D. In the fourth WHEREAS clause, adds January 4, 2021 as the date the Council received the DPP's findings and recommendation by Departmental Communication 9 (2021).

E. In Condition A, adds that construction of the Project must be in general conformity with the Project as recommended by the DPP's findings and recommendation in Departmental Communication 9 (2021), and as depicted in the exhibits attached to the resolution, except to comply with Condition B.1.

F. In Condition B.1, clarifies that the Project's building permit application plans must be revised to show compliance with the LUO and all building codes (as defined in ROH Chapter 18); for example, a new Project exterior building wall must be constructed along the south property line so that the entire building, including all structural components, are constructed within TMK 6-2-003:014, and set back from the south property line bordering TMK 6-2-003:002.

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G. In Condition B.2, clarifies that all Project encroachments into TMK 6-2-003:002 must be resolved.

H. In Condition E, clarifies that traffic demand management ("TDM") measures are intended to minimize the number of vehicular trips for daily activities by patrons and employees; and that the Project's traffic management plan ("TMP") must detail the recommended mitigation measures included in the Project's transportation assessment report ("TAR") dated March 2018.

I. In Condition F, adds that the Project's cultural impact assessment ("CIA") must confirm that the Project will have no impact on current or traditional cultural practices, including impacts to the Lokoea Fishpond.

J. In Condition G, adds that prior to undertaking any future ground disturbance activities, the Applicant shall submit to SHPD for review and approval an archeological monitoring plan (as recommended by the DPP).

K. In Condition H, clarifies that the Applicant is required to obtain a major special district permit for the Project, which must include the installation of a fence or other barrier as required in Condition J.

L. Conforms Condition I.1 to the standard condition regarding artificial light from exterior light fixtures.

M. Adds a new Condition I.3 regarding minimizing impacts to the Hawaiian hoary bat's habitat.

N. In Condition J, refers to the June 18, 2020 Interim Settlement and Dismissal Agreement, approved by the Circuit Court of the State of Hawaii pursuant to Kawananakoa, et al. v. Anderson, et al., Civil No. 16-1-1800-09, and corrects the TMK number for the Haleiwa Beach Park parcel to TMK 6-2-003:041 (instead of TMK 6-2-003:002).

O. Makes miscellaneous technical and nonsubstantive amendments.

Related communication:

CC-48 (2021) Disclosure of Interest Statement submitted by Councilmember Elefante.

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INFORMATIONAL BRIEFING

8. BRIEFING BY THE DEPARTMENT OF PLANNING AND PERMITTING REGARDING THE NOTICE OF VIOLATION AND NOTICE OF ORDER PROCESS.

9. UPDATE BY THE DEPARTMENT OF PLANNING AND PERMITTING REGARDING THE STATUS OF ALL PENDING LAND USE ORDINANCE AMENDMENTS, DEVELOPMENT PLANS AND SUSTAINABLE COMMUNITIES PLAN REVISION BILLS; AND ALL NEIGHBORHOOD TRANSIT-ORIENTED DEVELOPMENT PLANS AND REGULATIONS.

BRANDON J.C. ELEFANTE, Chair Committee on Zoning and Planning

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