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Home My WebLink About2021-12-14 AMENDED Planning Commission Agenda Packet1 KAUA‘I PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING July 13, 2021 Draft The regular meeting of the Planning Commission Subdivision Committee of the County of Kaua‘i was called to order at 8:33 a.m., Microsoft Teleconference. The following Commissioners were present: Mr. Francis DeGracia Mr. Melvin Chiba Absent and Excused: The following staff members were present: Planning Department Director Kaaina Hull – Planning Deputy Director Jodi Higuchi Sayegusa, Kenneth Estes, and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – Deputy County Attorney Laura Barzilai; Office of Boards and Commissions – Commission Support Clerk Arleen Kuwamura. Discussion of the meeting, in effect, ensued: CALL TO ORDER Subdivision Committee Chair DeGracia: Called the meeting to order at 8:33 a.m. ROLL CALL Chair DeGracia: Good morning everyone. I would like to call this meeting to order. This is July 13, 2021, Subdivision Committee Meeting. If you could have a roll call, please. Planning Director Kaaina Hull: Roll call Mr. Chair. Commissioner DeGracia. Excuse me. Commissioner Chiba Mr. Chiba: Here. Mr. Hull: Commissioner DeGracia: Chair DeGracia: Here. Mr. Hull: You have a quorum, Mr. Chair. Two Present. APPROVAL OF AGENDA Mr. Hull: The next we do not have any changes to the Agenda. 2 MINUTES of the meeting(s) of the Subdivision Committee Mr. Hull: Next, up we do not have any Minutes of previous Meetings. RECEIPT OF ITEMS FOR THE RECORD (None) Mr. Hull: There is no Receipt of Items for the Record. HEARINGS AND PUBLIC COMMENT Mr. Hull: So next, is Hearings and Public Comment. The Planning Commission Subdivision Committee will accept any written testimony for any Agenda Item and hear oral testimony on any Agenda Item at his time. So this is not for the applicants, but for any members of the public that has called in to this meeting, if you would like to testify right now on any of the Agenda Item, please state your name for the record, please. Again, for any member of the public who has called in at this time, not an applicant, but any member of the public that would like to testify on any of the agenda items, please speak up and state your name at this time. Hearing none. GENERAL BUSINESS MATTERS UNFINISHED BUSINESS (For Action) Mr. Hull: We will move on to Unfinished Business, there is no Unfinished Business. NEW BUSINESS (For Action) Tentative Subdivision Map Approval Subdivision Application No. S-2021-4 Tower Kauai Lagoons 8, LLC. Proposed 2-lot Subdivision TMK: (4) 3-5-001:171 Kalapaki, Lihue, Kauai Mr. Hull: Mr. Chair, I think we can move on to New Business. I.1, Tentative Subdivision Map approval for Subdivision Application No. S-2021-4 Tower Kauai Lagoons 8, LLC. Proposed 2-lot Subdivision TMK: (4) 3-5-001:171 Kalapaki, Lihue, Kauai. I will turn it over to Kenny for the Subdivision Report pertaining to this matter. Staff Planner Kenneth Estes: Hi Commissioners. I will read the report for the record. The proposed development is involves a 2-lot subdivision within the County Resort District RR-10 and RR-20. Mr. Estes read the Subdivision Report for the record (on file with the Planning Department). Mr. Estes: In further evaluating the project. It will be subjected to the requirements that were imposed by the Planning Commission actions on August 11, 2009, involving SMA Use Permit 3 SMA (U) - 2005-8, Project Development Use Permit U-2005-26, Use Permit U-2005-25, and Variance Permit V-2005-7 and Class IV Zoning Permit ZA-IV- 2005-(inaudible). Chair DeGracia: Thank you, Kenny. Do we have any question for the Planning Department? I got one question. So this subdivision all previous entitlements and permitting carries over to parcel 8.a, correct. Mr. Estes: Yes, correct. Chair DeGracia: Thank you. I have no further questions, but at this time, if we could hear from the applicant or the applicant representative? Mr. Gary Siracusa: Good morning. This is Gary Siracusa, the Director of construction for Tower Kauai Lagoons. Ms. Rebecca Candilasa: Hi, good morning. This is Rebecca Candilasa, with Wilson Okamoto Cooperation, serving as the authorized agent for the applicant. Mr. Chiba: Good morning. Ms. Rebecca Candilasa: Good morning. Chair DeGracia: I am sorry. Mr. Gary Siracusa: I am sorry. There is a little delay on the audio. If you have any questions, we are certainly available to to entertain them. Your planner Kenneth has succinctly reported on the action of this application and what the request is. Chair DeGracia: Thank you. Do we have any questions for the applicant? Mr. Chiba: I do not have any. Chair DeGracia: At thus time I do not have any questions as well. I will entertain a motion. Mr. Chiba: Okay, this is Mel. I move to approve Tentative Subdivision Map approval for Subdivision application No. S-2021-4 along with previously approved terms and conditions. Chair DeGracia: I will seconded. All in favor say, aye? Aye (Unanimous voice vote) Any Oppose? Motion Carried 2:0. Thank you very much. Mr. Gary Siracusa: Thank you very much Commissioners and Planning Department Planning Director. We will be back at 9 o’clock. 4 Tentative Subdivision Extension Request Subdivision Application No. S-2022-25 Association of Apartment Owners of Kulana, Hauiki Road Subdivision Proposed 3-lot Subdivision TMK: (4) 4-3-003: 027 Kapaa & Waipouli, Kawaihau, Kauai Mr. Hull: Next on a couple of Tentative Subdivision, request Item I.2.a Subdivision Application No. S-2022-25 Association of Apartment Owners of Kulana, Hauiki Road Subdivision Proposed 3-lot Subdivision TMK: (4) 4-3-003: 027 Kapaa & Waipouli, Kawaihau, Kauai. I will turn it over to Kenny for the Subdivision Report. Staff Planner Kenneth Estes: Good morning. I will summarize the report for the record. The proposed subdivision creates a roadway lot to accommodate roadway improvements through Hauiki Road and establishes two remnant Parcel as the result of the roadway lot. Mr. Kenneth read the Subdivision Report for the record (on file with the Planning Department). Mr. Kenneth Estes: It’s recommended, that an extension until July 13, 2022, be granted to obtain final subdivision approval. Chair Apisa: Chair, Chair. This is Donna Apisa as a Chair of the County Council. I just wanted to disclose that I…my company will be the listing agent for some of the lots that you in the adjoining Kulana Subdivision. So I will be recusing myself in the General Planning Commission Meeting from this, so I just wanted to make that disclosure now and I will repeat it again in the general committee meeting…in the Subdivision Commission meeting. Chair DeGracia: Thank you, Chair Apisa, so noted. Do we have any questions for the Planner or Planning Department? Hearing none. At this time, if we can hear from the applicant or applicant’s representative. Deputy County Attorney Laura Barzilai: Ms. Loo, you are muted. Mr. Brad Rockwell: I can step in for Laurel. Laurel, are you there Laurel? No, I cannot get you but I think all we are trying to say Chair DeGracia, and this is Brad Rockwell, and I am the President of the Association of Kulana Homeowners Association. We appreciate your continued support helping us to try to get this project finally completed. It has been sort of a grassroots effort with the homeowners pulling together to get this thing done. We do not have anything to add to the report and we are standing by for questions. Thank you. Chair DeGracia: Do we have any questions? I do just have a comment and I really do appreciate the work the work moving forward for the last couple of years. I looks substantial so keep up your efforts and will will move into the next step. Thank you. Do you have any questions at all? Commissioner Chiba, no questions? 5 Mr. Chiba: No questions. Chair DeGracia: I move to approve Tentative Subdivision Extension Request Application No. S- 2002-25 for the Association of Apartment Owners of Kulana with the recommendations of the Planning Department for an extension until July 13, 2022. Mr. Chiba: I seconded. Mr. Hull: Sorry to be a stickler Chair. Maybe Laura can correct me but, just crossing all the “T’s” and dotting all the “I’s” I think the motion has to come from another member not the Chair. Chair DeGracia: Okay. Ms. Barzilai: That is correct, Director. Excuse me here I am sorry but Mr. Chiba will have to move. Mr. Hull: Sorry. Chair DeGracia: Okay. Mr. Chiba: Okay. Ms. Barzilai: You can withdraw the motion and Commissioner Chiba can make the motion. Chair DeGracia: All right, thank you. I would like to withdraw my motion. Mr. Chiba: Okay, I would like to make a motion. I move to grant an extension until July 13, 2022 for Subdivision S-2002-25. Chair DeGracia: Second. All in favor say, aye. Aye (Unanimous voice vote) Oppose? Hearing none opposed. Motion Carried 2:0. For the extension request. Thank you. Subdivision Application No. S-2017-6 Moloa’a Valley Homeowners, Proposed 7-lot Subdivision TMK: (4) 4-9-011:013 Kawaihau, Kauai Mr. Hull: Thank you, Chair. Moving on to 2.b, Subdivision Application No. S-2017-6. Applicant Moloa’a Valley Homeowners, Proposed 7-lot Subdivision TMK: (4) 4-9-011:013 located in Kawaihau, Kauai. We have a Subdivision Report today for this matter so I will turn back over to Kenny. Mr. Estes: (Inaudible) I will read the report for the record. The proposed development involves 6-lot subdivision and one (1) roadway lot. Mr. Estes a read the Subdivision Report for the record (on file with the Planning Department). 6 Mr. Estes: It’s recommended that an extension until May 9, 2022, be granted to obtain Final Subdivision Map Approval. It’s also recommended that Condition 1.k of the tentative approval letter dated May 10, 2017, for the subject subdivision be (inaudible) to align with the current standards set forth in the Comprehensive Zoning Ordinance, Kauai County Code 1987, as amended. The remaining Conditions of the Tentative Approval is still applicable. Chair DeGracia: Thank you, Kenny. Are there any questions for the planner or the Planning Department? Hearing none. Can we hear from the applicant at this time or the applicant’s representative? Mr. Patrick Childs: Patrick Childs here. Hi. As indicated in the report, we are awaiting the written description of the easements (inaudible) and the nature of the easements. Other than that, the draft CCNR’s are prepared and will be submitted for review to the Planning Department and the Agriculture Subdivision Agreement has been prepared and drafted that for review by the Planning Department. And other than that, of course we are in agreement with the Staff Report and pretty much in agreement with the Engineering Report by our engineer Esaki. Chair DeGracia: Thank you very much. Do we have any questions for the applicant? Hearing none. At this time, Commissioner Chiba I will entertain a motion. Mr. Chiba: Okay. I move to grant an extension for Subdivision Application No. S-2017-6 until May 9, 2022, to obtain the Final Subdivision Approval. Chair DeGracia: Seconded. All in favor say, aye? Aye. (Unanimous voice vote). Ms. Barzilai: Excuse me. Chair. Laura County Attorney’s Office. I believe you would have to entertain motion also Chair, regarding Condition 1.k. Mr. Chiba: I have a motion on that too. Ms. Barzilai: Thank you, Commissioner Chiba. Mr. Chiba: Should I put it all in one motion or could I make a second motion? Ms. Barzilai: Second motion is fine. Mr. Chiba: Okay. So we approved the first one, right. Okay. I move to amend the Tentative Approval Letter dated May 10, 2017, by removing Condition 1.k to align with the current standards set forth in the Comprehensive Zoning Ordinance, Kauai County Code 1987. Chair DeGracia: I will second. All in favor say, aye? Aye. (Unanimous voice vote). Opposed? Hearing none. Motion Carried 2:0. Ms. Barzilai: Excuse me. Chair. I am not sure we had a vote on the extension. I apologize. Chair DeGracia: Okay. 7 Ms. Barzilai: You can restate the motion. Mr. Chiba: Okay, yes. Let me read the motion again. I move to grant an extension for subdivision Application No. S-2017-6, until May 9, 2022, to obtain the Final Subdivision Approval. Chair DeGracia: I will second. Motion is for the Extension of Subdivision Application for No. S-2017-6 for extension to May 9, 2022. All in favor say, aye? Aye. (Unanimous voice vote). Opposed? Hearing none. Motion Carried 2:0. Mr. Childs: Thank you. Chair DeGracia: Thank you. Final Subdivision Map Approval Subdivision Application No. S-2020-11 Kukui’ula Development Co. (Hawaii) LLC. Kukui’ula Parcel CC West Subdivision, Phase 2 Proposed 14-lot Subdivision TMK: (4) 2- 6-019: 048 Koloa, Kona, Kauai Mr. Hull: Moving on to the last agenda item, Agenda Item 3.a Final Subdivision Map Approval for Subdivision Application No. S-2020-11 Kukui’ula Development Co. (Hawaii) LLC. Kukui’ula Parcel CC West Subdivision, Phase 2 Proposed 14-lot Subdivision TMK: (4) 2-6-019: 048 Koloa, Kona, Kauai and I will turn it back to Kenny for the Subdivision Report. Mr. Estes: I will read the report for the evaluation. The proposed development subdivides lot-15 of the Kukui’ula CC west Subdivision into a total of eleven residential lots, Two (2) remnant parcels, and one (1) roadway lot. Mr. Estes a read the Subdivision Report for the record (on file with the Planning Department). Mr. Estes: Therefore, the Planning Department is recommending Final Approval of this Subdivision. Chair DeGracia: Thank you, Kenny. Are there any questions for the Planning Department planner? I have none. Mr. Chiba: None. Chair DeGracia: Is there anyone representing the applicant or the applicant’s representative? At this time, would you like to add anything? Hearing none. I will entertain a motion. Mr. Chiba: Okay, I move to approve subdivision Application No. S-20207-11. 8 Chair DeGracia: I will second. All in favor say, aye? Aye. (Unanimous voice vote). Opposed? Hearing none. Motion Carried 2:0. ADJOURNMENT Mr. Hull: Thank you Chair, Commissioner Chiba. With that, we no further Agenda Items, we are ready for adjournment. Chair DeGracia: Motion to adjourn, please. Mr. Chiba: I move to adjourn the meeting. Chair DeGracia: Second. All in favor say aye. Aye. (Unanimous voice vote) Motion Carried 2:0. See you all in the next meeting. Thank you. Mr. Chiba: Thank you. Good job, Francis. Mr. Hull: Thank you all. Subdivision Committee Chair DeGracia adjourned the meeting at 8:59 a.m. Respectfully submitted by: ______________________________ Arleen Kuwamura Commission Support Clerk ( ) Approved as circulated (add date of meeting approval). ( ) Approved as amended. See minutes of ___________ meeting r DEPARTMENT OF PLANNtNG '(A'AIPIAHUl.t,DIRECTOR JOO!A.HIGUCHI SA'/eeUSA,DEPUTY DIRECTOR DEREK S.K.KAWAKAMI,MAYOR <l!CHAEL A.OAHIIIG,MANAGING DIRECTOR SUBDIVISION REPORT ^- SUMMARY Action Required by Planning Commission: Subdivision Permit No. Name of Applicant(s) PROJECT INFORMATION Consideration of Subdivision Application No.S-2022-2 that subdivides a parcel into a total of six (6)lots. Application Mo.S-2022-2 KUKUI'ULAVISTAS,LLC. »<•»• EC1 4 -'•-i Map Title Subdivision of Lot 18 Kukui'ula Parcel H Subdivision Being a Portion of Royal Patent 6714,Land Commission Award 7714-B,Apana 2 to M. Kekuaiwa No M.Kekuanaoa into Lots 18-A Thru 18-F,Inclusive and Designation ofEasement D-6 at Koloa,Kona,Kaua'i,Hawai'i. Tax Map Key(s):2-6-022:054 Area;2.02 acres Zoning:Residential (R-4) State Land Use District(s): Urban General Plan Designation: Residential Community/ Open Space AGENCYCOMMENTS |^I COK Public Works pending Q State DOT-Highways: COKWater:10.28.2021 1X1 State Heatth:09.23.2021 D Other(s)Q DLNR -SHPD: EXISTING ROAD RIGHT-OF-WAY(S) Road Name Existing Width Required Width Pavement YES N0 Reserve Ala Kukui'ula 60 feet 60 feet lx|D Kahela Place 44 feet 44 feet a B Pua Kahela Way 44 feet 44 feet a s APPLiCABLE FEES Environmental Impact Assessment (EIA)$2,500.00 Parl<Dedication TBD.Appraisal required Appraisa!Report Required Yes III.EVALUATION The proposed development subdivides Lot 18 of the Kukui'ula Parcel H Subdivision into a total of five (5)residential lots and one (1)roadway lot.Kukui'ula Parcel H Subdivision is identified as Subdivision Application No.S-2016-2 that was approved by the County of Kaua'i Planning Commission on January 28,2021.It is noted that the Kukui'ula Parcel H Subdivision is still under construction and the infrastructure improvements are not completed.Until such time,there should be no development on any ofthe proposed lots until the infrastructure improvements pertaining to Subdivision Appllcation No.S-2016-2 are certified complete. IV.RECOMMENDATION lApproval D Denied D Approval D Denied Tentative Approval subject to all requirements as noted on the follow pages: All conditions have been complied with l' Director of Planning /. '^llo^ Date Director of Planning Date V.MODIFICATION OF REQUIREMENT As represented,the Applicant is requesting deviations from requirements in the Kaua i County Code,1987(KCC)that would exempt roadway requirements specified bythe Subdivision Ordinance as it relatesto construction ofcurbs,gutters,and sidewalks along the roadway frontages,pursuant to Section 9-2.3fe),and to allow the use of drainage swales in lieu of raised curbs and gutters on both sides ofthe proposed roadways. In considering the proposal,it should be noted that the primary access road serving the master planned community (Ala Kukui'ula)has been prevjously approved to deviate from the roadway standards typicslly found in the residential developments in this area.At the time (circa.2004),the roadway standards did not feature sidewalks for residential development except where the density allows for 10 or more units per acre.Since then, the roadway standards have been revised. It is further noted that the construction of curbs,gutters and sidewalks is a standard requirement for subdivisions within the Residential District where the density allows for four (4)or more units per acre (R-4),Resort District,as well as developments within the 2 I Pa ge S-2022-2;Subilivision Report Kukui'ula Dev.Co.(Lot 18,Kukui'ula Parcei H Subdivision) 12.14.2021 Commercial District.The requested deviation would allow the subdivider to continue the characterofthe interior roadways within the projectarea (refer to Applicant's correspondence dated October 19,2021).The Applicant s exhibit shows there is an existing sidewalk along the makai side ofAla Kukufula and the request to deviate from this standard would allow the Applicant to have a subdivision that would be similar to the completed residential subdivisions in this community.For those completed subdivisions, there are sidewalks on only one side of the roadway or for only a portion of the interior roadways. The roadways within this planned community are private and maintained bythe developer.In the event the roadways are dedicated to the County,then the roadways should be retrofitted to comply with the present roadway standards. In evaluating the Applicant's request,no problems are foreseen in granting the Modification of Requirement to allow a deviation from the requirement to construct curbs,gutters and sidewalks along a roadway and to allow a drainage system featuring drainage swales in lieu of raised curbs and gutters based on the following reasons: a.The proposed roadways would be constructed similar to completed roadways within the planned community and be consistent with the infrastructure serving this area.Furthermore,the roadways within this development are not intended to function as part ofthe County's public street system for the Southshore area (Poipu/Kukui'ula).Its primary design is to promote slower traffic speeds within the community and provide a more rural character; b.The Public Path and Trails Exhibit dated October 2020,and previous versions provided to the department by the Applicant,do not show this area as a part of the trail system within the planned community,which is required by Condition No.15 ofOrdinance No.PM-2004-370;and c.In the event the private roadways are dedicated to the County,the developer would be required to retrofit the roadway to comply with the present roadway standards. VI.AGENCY REQUIREMENTS 1.Approve the Applicant's request for a Modification of Requirement,subject to the following requirements as noted below. 3 1 Page S-2022-2;SuWivision Repoit Kukui'ula Dev.Co.[Lot 18,Kukui'ula Parcel H Subciivision} 12.14.2021 2.Requirements of the Planning Department: a.There shall be no development on any of the proposed lots until the infrastructure improvements pertaining to Subdivision Application No.S-2016-2 are certified completed. b.An updated preliminary title report for the existing lot shall be submitted to the Planning Department for review. c.All existing and proposed easements,if any,shall be identified in the deed descriptions of the affected lots,draft copies of which shall be submitted to the Planning Department for review and approval. d.An Environmental Impact Assessment Fee of Two Thousand Five Hundred Dollars ($2,500.00)shall be paid to the County of Kaua'i. e.The applicant shall pay a Park Dedication fee pursuant to Section 9-2.8 of the Kaua i County Code Subdivision Ordinance.An appraisal report and price list shall be provided to the Planning Department to forward to the Real Properties Divjsion to help calculate the fee amount. f.There shall be no direct access permitted onto Ala Kukui'ula from proposed Lots 18-A and 18-F.Semi-circles denoting no direct access permitted shall be shown on the final subdivision map.These provisions shall be incorporated as a restrictive covenant for the subject lots,draft copjes of which shall be submitted to the Planning Department for review and approval. g.The Applicant is made aware that the streets designated within the subdivision must be offidally named before the Department approves the construction plans. Street names should be in Hawaiian and be submitted to our Department for review and approval,along with a request letter and 12 maps (on 8Yi"x 14" paper).The maps should be detailed such that emergencyvehides,police services,postal deliveries,etc.,are able to locate the street.References to roadway,such as the highway and other surrounding roads,should be shown on the street-naming map h.Relative to Condition No.l.g.,the Applicant shall prepare and obtain construction plan approvals for necessary road,water,drainage,electrical and telephone utilities and facilities,and either construct the same or post a surety bond for completion. i.The Applicant shall identify on the final subdivision map whether the proposed lots will be utilized for Transient Vacation Rental (TVR)purposes.If so,the total 4 1 Pa ge S-2022-2;Subdiuision Report Kukui'ula Dev.Co.(Lot 18,Kukui'ula Parcel H Subdivision) 12.14.2021 amount of the lots within the subdivision of Lot 18 of Kukui'ula Parcel H Subdivision,shall be counted towards the total amount approved through Ordinance No.PM-2004-370. j.Pursuant to Section 9-3.8fb)of the Subdivision Ordinance,Kaua'i County Code (1987),the Applicant shall submit to the Planning Department an electronic record (digitized format)ofthefinal subdivision map(s)on diskforrecord keeping purposes priorto final subdivision approval. Requirements ofthe Department of Public Works (DPW): a.The subdivjder shall comply with the requirements of the Department of Public Works,if any,prior to final subdivision approval. Requirements of the Department of Water (DOW): a.Pay the Department of Water the following charges in effect at the time of receipt.At the present time,these charges include: 1)A Facilities Reserve Charge (FRC)of $70,575 (5 lots at $14,115 per lot). b.Prepare and receive DOW's approval of construction drawings for the necessary water system facilities and either construct the said facilities or post a performance bond for construction.These facilities shall also include: 1)All facilities required in the approved Kukui'ula Water Master Plan for the proposed project. c.Prepare and convey to the Department of Water a Right-of-Entry and Temporary Grant of Easement for the purpose of construction,repair, maintenance and operation ofthe subdivision water system improvements installed in otherthan County-owned property. d.If a bond is filed,to secure final subdivision approval,the subdivider shall clearly letter the following on the approved construction plans,final subdivision map,and deeds: "Domestic water service will not be available until the required construction improvementsforthis subdivision are completed and accepted by the Department of Water,County of Kaua'i." 5 1 Pa Ke S-2022-2;Subdivision Report Kukui'ula Oev.Co.(Lot 18,Kukui'ula Parcel H Subdivision) 12.142021 This deed restriction shall be recorded with the Bureau of Conveyances wjthin ninety (90)days of final subdivision approval by the Planning Department. e.Kukui ula Development Company (KDC)will be required to: 1)Submit an updated Kukui'ula Water Demand and System Capacity Tracking Matrix. 2)Be made aware that the Facilities Reserve Charge and the adequacy of source,storage and transmission facilities for the proposed Development will be dependent on the approved updated Kukui'ula Water Demand and System CapacityTracking Matrix. 5.Requirements of the Department of Health (DOH): a.The property may harbor rodents which will disperse to the surrounding areas when the site is cleared.In accordance with Title 11, Hawaii Administrative Rules (HAR),Chapter 11-26,"Vector Control", the applicant shall ascertain the presence or absence of rodents on the property.Should the presence of rodents be determined,the applicant shall eradicate the rodents prior to clearing the site. b.Noise will be generated when construction activities occur.The applicable maximum permissible sound levels as stated in Title 11,HAR, Chapter 11-46,"Community Noise Control"shall not be exceeded unless a noise permjt is obtained from the State Department of Health. c.Temporary fugitive dust emissions could be emitted when the project site is prepared for construction and when construction activities occur. In accordance with Title 11,HAR Chapter 11-60.1 "Air Pollution Control ,effective air pollution control measures shall be provided to prevent or minimize anyfugitive dust emissions caused by construction work from affecting the surrounding areas.This includes the off-site roadways used to enter/exit the project.The control measures include but are not limited to the use of water wagons,sprinkler systems,dust fences,etc. d.The construction waste that will be generated by the project shall be disposed of at a solid waste disposal facility that complies with the applicable provisions ofTitle 11,HAR,Chapter 11-58.1 "Solid Waste 6 1 Page S-2022-2;Subdivision Report Kukui'ula Dev.Co,(Lot 18,Kukui'ula Parcel H Subdivision) 12.14.2021 Management Control",the open burning of any of these wastes on or offsite prohibited. The Applicant is advised the should any archaeological or hjstorical resources be discovered duringground disturbing/construction work,all work in the area of the archaeological/historical fjndings shall immediately cease and the applicant shall contact the State Department of Land and Natural Resources, Historic Preservation Division and the Planning Department to determine mitigation measures. The Applicant is advised that prior to and/or during construction and use additional conditions may be imposed by government agencies.Should this occur,the applicant shall resolve these conditions wjth the respective agency(ies). The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the forthcoming public hearing process scheduled for DECEMBER 14,2021 whereby the entire record should be considered prior to decision-making.The entire record should include but not be limited to: a.Pending government agency comments; b.Testimony from the general public and interested others;and c.The Applicant s response to staff's report and recommendation as provided herein. ^^ 'KENNETH A.ESTES Planner 7 1 Page S-2022-2;Subdivision Report Kukui'ula Dev.Co.(Lot 18,Kukui'ula Parcel H Subdivision) 12.14.2021 r ^ ^'•''"^. \"'asu* B"!-i .1.'" SUEIDIVISION ar LOT is Kukui'ulfl Porcei t-Subdivisic'n Beiii^a Pwtion of rt.p 671'I. L.C,Aw.//14-fi.Ap.2 tu M.hel-.uaiu'j rio W.Kekuanuuu tNTU LOTS 1ti-A THRU IE-F.INCLUSIVt; AND DESICNATICN 01:EA3EMEN1 D-6 Oul,l,l hu'uiull.]'/ialua.ll.L rui-(.•si j -:i-.^>"i-] Llyl;'iep.eiit-M l^,;"i';l r ^G & IRIO HALEtlKANA S I'KEET .LIHUE,KAUAI.HAWAII 96766 (803)2W-W25 FAX;(808)2.16.0229 ssm@Qsakim.3p.Com Octofaer19,2021 Mr.Kenny Esfces,Planner County of Kauai 4444 Rice Street Lihue,Hawaii 96756 RE:Subdivision of Lot 18 -Kukui'ula Parcel H S-2022-2 TMK (4)2-6-22:S4 KukuFula,Kauai,Hawaii Dear Mr.Estes, The undersigned owner hereby requests for a 'waiver'from portions of County Ordinance No.946 (commonly known as the 'Complete Streets'ordinance)related to dual sidewalks and street curbs and gutter as follows: 1)We propose the use ofCounty DPW approved drainage swales on both sides of the residential street in lieu of raised curbs and gutters on both sides ofthe street. 2)We proposed the installation of no new sidewalks fronting the proposed residential lots of this subdivision forthe following reasons: a)The residentiaf street serves only 5 residential lots and is 'single loaded'[i.e./ residential lots on one side only -opposite si'de can never be changed to add lots) b)Additional sidewalks are unnecessary because there is alternative nearby (within 100')existing 'arterial'sidewalk (along Ala Kukui'ula)serving the proposed 5 residential lots c)Dual sidewalks would,in the applicant's opinion.be out of character with the proposed community Ordinance No.946 allows for the above deviations.We therefore respectfully request that in the Subdivision Map Conditions ofApproval,these deviations be specifically addressed (and granted). Thank you very much, .•>'-.< '^ Dennis M.Esaki-Esaki Surveying &Mapptng,Inc. Authorized Agent Attachment ^, r ^ 4LA KUKUIULA ll,11 'l •'l^T"? EXISTG SIDEWALK n.\j.j.y^ SU&'OiVlSIO.';CF LOT 1c Kukui'ula PcrwC.i H Sut-diviSiar. Being a Pcrtion w R.F'.&7l4, LC.Aw.7?1.-^3,Ap.2 l->>.l.Kckuoi.vo no M.Ke;(uoncec INTO L07S 1c-n THRL'ie-F.INCLUSlU:; AND OE£!-3NATIGM OF E.^3^.:E,\;r 3-c '.(iLOii.h/JJA'l.H(k.T;AIIiteahs,;{~j a-6-^_s. uoisiAipqns ;-;laajD^o|n;n>jn^Z-9T03-?"°N uoisiAipqng "S-2--^-''~i »::^"'-~?~-^-jCS^-ff3"-K^"<;1&lfe- ^ J r County 3(<^u^'. 'o: •K011: 4333 PUA L0:<£STREET LfHU'E,:<-.iiUA'I,R^WAri 96766 PKONE:(S031 243.5400 /F.A.X:(.308)2-13-3813 SUEDFvlSiON R£PORT "LANM'.-';BEi'AXT'IENT BEI'ART'IE\T OF W ATER •21 TT3T ;-6-[;;;:il5-\r,,,.Kukuiula Visus LLC SI l^l-'iOf-;Dfllll!.\E'iilk'!!<!:!'i>KI M)S-2022-2 '^T.I^-;!.^'^;ii^r is .iJi.-LitL'dj.T..-i:ijii'^.!ppr"',;i!ii ;•-'.:'in);i)'.'nj.-'J. \H :'t.-i.;;iirt;".i..'ii:';li;)\c br'Jn iiill'.m>--i ai)d:chcr-jlore.Finjl Jppri.nal i^reL'uninii-'ndt-'d. B^'i;'*!'^luiai ;ipprL>\ji jan bi-'reconimijndcd.ihc siibdi\idcr must: \.P.r.t;iL-Pep.ii~lmtfn[ot'Wat^r thc lblto\\in^ciiar^s in ^tfect ai the tinii;of'receipt.At tlie preirinc tinw.thi-'si; ch;ii'^i;s iiicitiJt;: l!iL;FaciliLies K^'-.-ci-'.^;Char^c (FRC'): 5 Loi-;ii -514.115 per lot =s ^*S70,575 (Sce Itcm 5) 2,1 P.iviiirini ;o ffiscali _._.or r^locaie _.s^n.'ice conn^ctioiisfi)ai [IK't''i.\i;d COSE ot'S [l',lu lubdivtdercnLtstfs a d^iay in tiie service connection installtition after one yi;ar since f'lnal m.ip approval. ihe su^dn ider slinll [le chiirL:i,*tJ Fhe incrv'a^tf m the fix^d cost.if.inv. 3)Depijsitftlie stihJi\iilernil!eitiirir be billecl or r^iurncd [he diffiirtfiic^b^nveen this iJepoaic .ind ihe ;tCtu;d i;usi oF constriiCtiPn or'S __I'or con^trtiction bv tlie DOW. B SLibrtiii 10 ihe Depanm^nt ot'\Vater a copy ot't!ie siihdivider's pemiit to perform work upon a State highuay froni r\w Siate Hi^h^avs Division C .Preptire ,ind receive DOW's appruval ofcanstniction drawinas for tlii;ni;cessar\''^acer system facilitie?and eithL'r constnict ^id facilititf^or post a perfomiance bond for constniclion.These faci!tEii;s shali also include: 1 j AII facilities reqiiirrid in llie approvcd Kukiii'uia Water Master Pl^n tor the proposed projrict. D.Prepare aiid eonvey tu the Depdrtment ofWater .1 Right-of-Entr\'and Temporar}Grant ofEasement for tlie purpose ofconstruction.repair maintenance 3nd operation ofthe siibdivisicn w^tsr system improvements instnlied in oihrir Eiian Counn'-o\^ncd property. £.Ifa bond :'s tiled.to secifrri HnLtl sufadivision approvat.the subdivider shali clearly letier tlie foliovMny on the approved constniction pfans.flnal siibdi\ision map,apd deuds: "Domiistic \\3ter sen ice uiti not be availablii until tli^requiriid construcliun improvemencs for iliis suL''di'-i:>ion are coi'npletud ;ind aci;i.:p[riLJ bv thri Departmiint ot'Water.Count\ofKaua'E.' Thia (ided restriction shiill be n-'curdtfd witii the Biireai!ofConveyances witliin ninety (VUf days o?Mnai •iUL"ILli\:s;on appro\al b\Lhe Plannin;;Dcpjrtment. En^taliatiun oi sen ii;c consK'ctions vviil not be rei.|uired until request for wat(;r ^n/ice is made.Thi;applicant ior •?cn ice v,iil be ,:[ijr;.L;cI Eht;Jpplic^bl^icr\ice conn<:ction charges LII [!iat time, OilK'r (or rcmarks): Ks.ikut'ttl:!De\elopmiint Compnnv i KDC)^'.il!be required to: a.Sithniit jn tipLtaieu Ktikiii'dla \Vater Denuncf ;ind Systcili Cnpticin Tnickinii Matri\. b.':Ke made au;;re tnai ihd FjciiiEie^^tfs^n.e CI'i.irye and tlie adequacv ot'sLUirc^.srorage and iransmiisiun iaciiilies fbr the proposed D^'.^lopm'.inE v.ill fae jepi.ini.ien [on riitf appm\'i;d updnted Ktikui'ula Water Ocnianci ^nd S\Siem G';)Daeii\Tr.ic kin'-',V-fntr!\ a a a a a a L Oct 23,2021 Sl'ill)iV]t'il i\R:';""<I'N(I S-2022-2 J.i.s^>n K.i.'.iinio'LO.?.':.. :'.;i^ini.li.;nr!u Di\:sior \\;];L;f ^rs^i!!-.^.^P' Dati; COUNTyOFKAUA'I PLANNWG DEPARTMENT 1 L/.-' •r~'-^ SEF •/I')' ENViRONMENTfiTHE'auTi J<A!.IA: '17!-'!'~^l'J-,-:- ^L.;.l/l^L;l 4444 RICE STREET,SmTE A473 LIHU'E,HAWAI'I 96766 (808)241-4050 SUBDIVISION APPLICATION ROUTING FORM DATE:September 20,2021 Subdivislon Map Review and Approval REQUEST: ^Prelinunary Q Pre.Final a Final Q Extension SUDIVISION APPUCATION N0: Owner(s)/Applicant(s): Subdivision Permit N0.S-2022-2, Kukuiula Vistas LLC Name of Surveyor/Engineer/Authorized Agent:|Dennis M*Esaki TaxMapKey: bnprovements: Tax Map Key:(4)2-fi-022:054 |Assigned to;|Kenny Route To: COMMENTS (Comment Due Date:10/20/2021 ): ^^^TWCti^^ (_^l^) ~w DPW-Engineermg ~D DepartmeQt ofTransportation -STP~D DPW-SoUdWaste ~0 DOT-Highway.Kauai~w DPW-Wastewater ~w Staie Department ofHealth~G~ Fire-Department ~s~ State Historic PreservatioD Division~D Department of Parks &Recreation ~0 UHSeaGrant'w County tfousing-Agency ~w U.S.Postal Department"u" KHFRC TT Othen~w County Water Departmeat~s County Traasporfation Agency Subdivision Application No.:S-2022-2 Applicant:Kukui'ula Vistas,LLC. Based on our review ofthe application at this time,we have these environmental health concems or comments for your consideration at this time. The property may harbor rodents which will disperse to the surrounding areas when the site is cleared.In accordance with Title 1 1,Hawaii Administrative Rules (HAR),Chapter 11-26,"Vector Control",the applicant shall ascertain the presence or absence of rodents on the property.Should the presence of rodents be determined,the applicant shall eradicate the rodents prior to clearing the site. Noise will be generated when construction activities occur.The applicable maximum permissible sound levels as stated in Title 11,HAR,Chapter 11-46,"Community Noise Control"shall not be exceeded unless a noise permit is obtained from the State Department of Health. Temporary fugitive dust emissions could be emitted when the project site is prepared for construction and when construction activities occur.In accordance with Title 11,HAR Chapter 11-60.1 "Air Pollution Control",effective air pollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas. This includes the off-site roadways used to enter/exit the project.The control measures include but are not limited to the use of water wagons,sprinkler systems,dust fences,etc. The construction waste that will be generated by the project shall be disposed of at a solid waste disposal facility that complies with the applicable provisions of Title 11,HAR,Chapter 11-58.1 "Solid Waste Management Control",the open burning of any of these wastes on or off site prohibited. Due to the general nature ofthe application submitted,we reserve the right to implement future environmental health restrictions when information that is more detailed is submitted. RECKJVR?-') COUNTYOFKAUA'I PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LIHU-E,HAWAI'I 96766 (808)241-4050 SUBDIVISION APPLICATION ROUTING FO_RM DATE:September 20,2021 ^^^f'-v. ''""r~Doi;:.-,^:i";;;. Subdivision Map Review and Approval REQUEST: ^Preliminary Q Pre-Final Q Flnal a Extension SUDIVISION APPLICATION N0;Subdivision Permit N0.S-2022-2, Owner(s)/Applicant(s):Kukuiula Vistas LLC NameofSurveyor/Engineer/AuthorizedAgent:|Dennis M.Esaki Tax Map Key:Tax Map Key;(4)2-6-022:054 |Assigned to:|Kenny Improvements: Route To: COMMENTS (Comment Due Date:10/20/2021 ): c\\^^^\ CrTi ^¥ss>is>o ^\>(^Y<^Loi-v^evT o^T^1^^j^cT' '~p\<\»Jv<- ~s DPW-Engineering ~D Department ofTransportation -STP"D' DPW-SolidWaste 'a DOT-Highway,Kauai~w DPW-Wastewater ~s State Department ofHealth TT Fire-DepartmenE ~a State Historic Preservation Division"D' DepartmenE ofParks &Recreation ~a- UH Sea Orant~w County Housing-Agency ~w U.S.Postal Department~a KHPRC -D~ Other:~s County Water Department B';Couiity TraiKpk)Ttati6ri Agency ;7 r COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LIHU'E.HAWAI'I 96766 (808)241-4050 SUBDIVISION ^VPPLICATION IIQUT1NG FORM DATE:Sep(ember20,202! Siibdivision Map Review ancl Approvai REQUEST: Preiiminary Q Pre-i?inal J-l Final Q Extension SUDIVTSION APPLICATION N0: Owner(s)/Applicant(s): Subdivision Permit N0.S-2022-2, Kukuiula Vistas LLC NameofSurveyor/Engineer/Authorized Agent:(Dennis M.Esaki Tax Map Key: [mprovemcnts: Tax Map Key:(4)2-6-022:054 |Assigned to:|Kenn}' Route To: COMMENTS (Comment Due Date:10/20/2021 ): ?i^)-t^i^>-'t >pc^4^P^r <=^1 (^•^1-]<$'^^'<^ <.- ~w DPW-Engineering ~D Department ofTransportation -STP~a DPW-SolidWaste ~D DOT-Highway,Kauai~s DPW-Wasiewater ~w State Department ofHeaIth~D Fire-Department ~w State Historic Fteservation Division~D Department of Parks &Recreation "0 UH Sea Gran!~w County Housing-Agency ~w U.S.Postai Department-D- KHPRC ~a Other:~s County Water Department~w County Transponation Agency r DEPARTMENT OF PLANNING KA'Air.'A HULL,DIRECTOR JODI A.HIGUCH!SAYEGUSA.DEPUTY DIRECTOR 0£RE?(S.K.KAWAKAMI,MAYOR .yiCHAELA.OAHfLIG,MANAGING DIRECTOR SUMMARY SUBDIVISION REPORT Action Requjred by Planning Commission: SubdEvision Permit No. Name of Applicant(s) Consideration ofSubdivision Application No.S-2022-4 that involves a twenty-five (25)lot boundary adjustment. Application No.S-2022-4 TOWER KAUA'I LAGOONS SUB 4,LLC. ^. II.PROJECT INFORMATION Map Title Tax IVIap Key(s): Zoning: State Land Use District(s): Consolidation of Lots 400 to 423,Inclusive and Roadway Lot A as shown on f<auali County Subdivision No.S-2008-24 being portion of Royal Patent 4480 Land Commission Award 7713,Apana 2,Part 1 to V.Kamamalu and Resubdivision into Lots 1 to 25/Inclusive,Including Designation of Easement XY affecting Lots 1 to 13, Inclusive,Easement X affecting Lots 14 to 24,Inclusive,and Easement Y affecting Lot 25 in its Entirety,Including Cancellation of the following Easements H,J,and K as shown on Kaua'J County Subdivision No.S-2008-24,Easements RD-4 and a Portion of UE-1 as Shown on Kaua'i County Subdivision No.S-2010-11 at KaIapakT,LThu'e,Kaua'i, Hawai'i. 3-5-004:400 to 424 Area:15.55 acres Residential (R-2) Urban General Plan Oesignation: Resort AGENCY COMMENTS COK PublicWorks pending ^COKWater:pending Q Other(s) [_]State OOT-Highways: State Health: DOLNR-SHPD: 09.23.2021 EXISTING ROAO RIGHT.OF-WAY(S; Road Name Kahilipulu Way Pohai'ula Place Existing Width 44 feet 40 feet Required Width 44 feet 40 feet Pavement YES a N0 a a a Reserve APPLICABI.E FEES Environmental Impact Assessment (EIA) Fark Dedication Appraisal Report Required N/A 1^/M ^ N/A III.EVALUATION The proposal involves a twenty-five (25)lot boundary adjustment within the County Residential (R-2)Zoning District.The project was originally a part ofthe Kaua'i Lagoons Resort Single-Family Subdivisions 1 and 4,previously processed through Subdivision Application No.S-2008-24 that was approved by the County of Kaua'i Planning Commission on December 9,2008.As represented by the Applicant,the site design for Subdivision 4 has progressed substantially and it has been determined that lot boundary adjustments were necessary to accommodate the preferred site layout and a new cul-de- sac.The proposal will redefine the lot lines within Subdivision 4 and there will be no change to the existing overall boundary. The Applicant should be aware that the approved construction plans for Subdivision 4 will need to be amended to accommodate the revised site layout,especially the addition ofthe proposed cul-de-sac and extension ofthe roadway lot (Proposed Lot 25).Since there are no additional lots being created with this application,there will be no assessment of EIA and Park Dedication Fees. In further evaluating the project,it will be subject to the requirements that were imposed through the Planning Commission's action on August 11,2009,involving SMA Use Permit SMA (U)-2005-08,Project Development Use Permit U-2005-26,Use Permit U-2005-25,Variance Permit V-2005-7,and Class IV Zoning Permit Z-IV-2005-30. IV.RECOMMENDATION 2 1 Paee S-2022-4;Subdivisinn Report Tower Kauai Lagoons Sub 4,LLC. 12.14.2021 WSSSS8SUUS^^WSCMWySS9i.iS^WSSiCTnBii.^PiSJQ^^^^ tpproval D Denied d Approval D Denied Tentative Approval subject to all requirements as noted on the follow pages: All conditions have been complied with •ctor of Plahning Date Director of Planning Date V.AGENCY REQUIREMENTS 1.Requirements ofthe Planning Department: a.An updated preliminary title report for the existing lot shall be submitted to the Planning Department for review. b.All existing and proposed easements,if any,shall be identified in the deed descriptions of the affected lots,draft copies of which shall be submitted to the Planning Department for review and approval. c.Pursuant to Section 9-3.8fb)of the Subdivision Ordinance,Kaua'i County Code (1987),the Applicant shall submit to the Planning Department an electronic record (digitized format)of the final subdivision map(s)on disk for record keeping purposes priorto final subdivision approval. d.The roadway lot for Subdivision 4 has been offidally named as Pohai'ula Place through Subdivision Application No.S-2008-24.However,for addressing purposes,the new cul-de-sac shall be named differently from Pohai'ula Place and must be officially named prior to construction plan approval.The Street name should be in Hawaiian and submitted to our Department for review and approval,along with a request letter and 12 maps (on SYi"x 14"paper).The new maps should depict the new subdivision layout that includes Pohai'ula Place and the proposed street name.The maps should be detailed such that emergency vehicles,police services,postal deliveries,etc.,are able to locate the street.References to roadway,such as the highway and other surrounding roads,should be shown on the street-naming map. e.The Appljcant shall revise and update the approved construction plans for Subdivision 4 (S-2008-24),and prepare and obtain construction plan approvals for the revised subdivision layout.This includes the new cul-de-sac and the extension ofthe roadway lot,as well as any water,drainage,electrical and telephone utilities and facilities,and either construct the same or post a surety bond for completion. f.Prior to final subdivision approval,the Applicant shall comply with the applicable conditions/requirements of SMA Use Permit SMA (U)-2005-08, Project Development Use Permit U-2005-26,Use Permit U-2005-25, Variance Permit V-2005-7,and Class IV Zoning Permit Z-IV-2005-30.The Applicant shall provide the department an updated status report on the compliance of the conditions. 3 1 Pa ge S-2022-4;Subclivision Report Tower Kauai Lagoons Sub 4,LLC. 12.14.2021 g.The proposed subdivision is situated in close proximity to the LIhu'e Airport and will be impacted by the aircraft noise nuisances from this facility.As such,the subdivider shall establish covenants or disclosure documents to inform potential buyers within the project area that the proposed lots are subject to aircraft noise nuisances.Draft copies of the documents shall be submitted to the Planning Department for review and approval. Requirementsofthe Department ofPublic Works (DPW): a.The subdivider shall comply with the requirements of the Department of Public Works,if any,prior to final subdivision approval.The subdivider shall be notified of such requirements upon receipt oftheir report. Requirements ofthe DepartmentofWater (DOW): a.The subdivider shall comply with the requirements of the Department of Water,if any,prior to final subdivision approval.The subdivider shall be notified ofsuch requirements upon receipt oftheir report. Requirements of the Department of Health (DOH): a.The property may harbor rodents which will disperse to the surrounding areas when the site is cleared.In accordance with Title 11,Hawaii Administrative Rules (HAR),Chapter 11-26,"Vector Control",the applicant shall ascertain the presence or absence of rodents on the property.Should the presence ofrodents be determined,the applicant shall eradicate the rodents prior to clearing the site. b.Noise will be generated during the construction and grading phase of this project.The applicable maximum permissible sound levels as stated in Title 11,HAR,Chapter 11-46,"Community Noise Control"shall not be exceeded unless a noise permit is obtained from the State Department of Health. c.Temporary fugitive dust emissions could be emitted when the project site is prepared for construction and when construction activities occur.In accordance with Title 11,HAR Chapter 11-60.1 "Air Pollution Control", effective air pollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas.This includes the off-site roadways used to 4 1 Pa ge S-2022-4;Subdivision Report Tower Kauai Lagoons Sub 4,LLC. 12.14.2021 enter/exit the project.The control measures include but are not limited to the use of water wagons,sprinkler systems,dust fences,etc. d.The construction waste that will be generated by the project shall be disposed of at a solid waste disposal facility that complies with the applicable provisions ofTitle 11,HAR,Chapter 11-58.1 "Solid Waste Management Control",the open burning of any of these wastes on or off site prohibited. 5.The Applicant is advised the should any archaeological or historical resources be discovered during ground disturbing/construction work,all work in the area of the archaeological/historical findings shall immediately cease and the applicant shall contact the State Department of Land and Natural Resources, Historic Preservation Division and the Planning Department to determine mjtigation measures. 6.The Applicant is advised that prior to and/or during construction and use additional conditions may be imposed bygovernment agencies.Should this occur,the applicant shall resolve these conditions with the respective agency(ies). The Planning Commission is further advised that this report does not represent the Planning Department s final recommendation in view oftheforthcoming public hearing process scheduled for DECEMBER 14,2021 whereby the entire record should be considered prior to decision-making.The entire record should include but not be limited to: a.Pending government agency comments; b.Testimony from the general public and interested others;and c.The Applicant's response to staff's report and recommendation as provided herein. 'KENNETH A.ESTES Planner 5 1 Pa ge S-2022-4;SuWivision Report Tower Kauai Lagoons Sub 4,LLC. 12.14.2021 /\ \;\' \.....;.r,lr v'",;i\ •v-''\./c'1'\.''L V—-^-'•'•'.-;.\-;i«-'V ."'''"'' ^:-'1'"'^ !\'•.,. \....,:V"-'IV"1; ysBffln x (ii.n .d.>> ^L4U SHUtilljU COf'jSOLlOlATIOM ui LOTS -<0n m 423,ll;i'l,llSI'.'t WCi KOf'.MW LOI'** nS SHCiWfJ QN KAUAI COUNTr iUBuMSION N..S-.iUUfl-.^ betFig u ^Ltrli^it u(Ki.jyol ^Titkjni •>•^ nif CaiTimis-ufi A.iuid '/'l.l.nuuno 2.Poit .lu u K.uii AI<ID KESUBDIVIS101.INYL- LOTS I TC)-;5,KiCLUy^E IML'LUDII-IG DESlGI^AilOI^Ot'EAEE'ltNI ';•> AFFECTI^l;LOT-i 1 ro [,i,INLLUd\'t: tAStL't.iEMT A AF'FECmc LC'1i>1-1 I'U 2i.INULU-ilViL MD F^'sEUEN'l ^ AFFECTlMG LOT .'5 IN 11^.ENiil-iLTi IHCWWW CAF'ICELLATION OF THL FULLO^IDC.L-.'.3LMt:Nli EASEMENT'i H.J.AI^L'h f.S SMl>(;M Utd KAIJAI CCUFtiY ^UUUi/l-IOH Mu L-2tit.o ••-•4 USEMENTS -4 AW A (;1MN ^Ut:-l AS.SHOrtN ON MUAI CUU^lY SU60kllM<MLI S-iUIU- (.,)^-L.-U,;.,;liU-4i! f'OCT i o 202);-:-.'• COUNTyOFKAUA'I PLANNINO DEPARTMENT 4444 RICE STREET,SUITE A473 LIHU'E,HAWAI'I 96766 (808)241-4050 SUBDIVISION APPLICATION ROUTING FORM DATE:October 14,2021 Subdivision Map Review and Approval REQUEST: ^Frclmunary Q Pre.Fuul Q Fiaal Q Extensioa SUDIVISION APPLICATION N0: Owner(s)/AppIicant(s): Subdivision PennitNO.S.2022-4, Tower Kauai Lagoons Sub 4 LLC and Tower Kauai Lagoons LandLLC NameofSurveyor/Eagineer/AuthorizedAgent:[Rebecca Candilasa Tax jMap Key: Iniprovements: Tax IVfap Key:(4)3-5-004:400 to 424 |Assigned tn:|Kenny Route To: COMMENTS (Comment Due Date:1 1/13/2021): 5er ^tr^-H^j) l^fAA^^^fLiftVT^^S/^/ ~w DPW-Engmeeriag "D' Department ofTransportation -STP~D DPW-SoUdWaste ~u DOT-ffighway,Kauai~w DPW-Wastewatcr ~s State Department ofHeaIth'u Fire-Departroent ~D State Historic Preservation Division"D' Departmeat ofParks &Recreation 'a" UHSeaGrmt~w County Housisg-Agency 'W U.S.Postal Department~a KHPRC ~D Other:~s County Water Department'w County Transportatioa Ageocy Subdivision Application No.:S-2022-4 Applicant:Tower Kauai Lagoons Sub4 LLC and Tower Kauai Lagoons Land LLC Based on our review ofthe application at this time,we have these environmental health concerns or comments for your consideration at this time. 1.The property may harbor rodents,which will disperse to the surrounding areas when the site is cleared.In accordance with Title 1 1,Hawaii Administrative Rutes (HAR),Chapter 11-26,"Vector Control",the applicant shall ascertain the presence or absence of rodents on the property.Should the presence of rodents be determined,the applicant shall eradicate the rodents prior to clearing the site. 2.Noise will be generated during the construction and grading phase ofthis project. The applicable maximum permissible sound levels as stated in Title 11,HAR, Chapter 11-46,"Community Noise Control"shall not be exceeded unless a noise permit is obtained from the State Department of Health. 3.Temporary fugitive dust emissions could be emitted when the project site is prepared for construction and when construction activities occur.[n accordance with Title 11,HAR Chapter 11 -60.1 "Air Pollution Control",effective air pollution control measures shatl be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas. This includes the off-site roadways used to enter/exit the project.The control measures include but are not limited to the use of water wagons,sprinkler systems,dust fences,etc. 4.The construction waste that is generated by the project shall be disposed of at a solid waste disposal facility that complies with the applicable provisions of Title 11,HAR,Chapter 11-58.1 "Solid Waste Management Control",the open burning of any of these wastes on or off site prohibited. Due to the general nature ofthe application submitted,we reserve the right to implement future environmental health restrictions when information that is more detailed is submitted. r 'y J...^'•..: '!^''^'^^'y.^f^"^i^" R^^v^n '-".'I ;l /!]/ <-'ri"C)l VT'i'0[:K.\L;.\'l T^'':"'"'ly"t~Kw.v I'l.^\NIN^;l->l;[>\l^rMEN1''TO"sl""'t;"""ifigcn>;y !!!1;ICG S'l-li:[7HT.3U1TI:,\H^L]!ll''l:,[i,\\\'Al-i yr7o-i (Sn:-!1241-4050 S_t'l{I)[\'ISI()\AI'l'l.lC.VriO.V ROL:'n\(;r'OKM l).\'l'K:Oct"hcr 1.1.2021 S^tiljdivi.sioi^Mdp kc^'ie\v aiid .\p[»rov;il RI-:QLII':ST: @ Pri.'liniiii.iry a Pri.-.Cinal D Fin.il Q Kxfension SUDIVISION APPLfCATlON N0:Sdbclivisioil Permit N0.S-2022-4, Owncrfsi/ApplicanUs):lon'er Kau.ii Lagnoii.s Sub -(LLC'iind To'ver Kaiiai Lagoun.s Laiid LLC NamcofStirveyor/Eiiginecr/AuthorizcdAgent:|Rebccca Cillldilnsa Tax Map Kcy:Tax Map Key:(4l 1-5-WU-.4W)to 42-1 \Assigned to:|Keniiy [mprovenicnts: Route To: COMMENTSfC'OMHMrtii-Dwc'Oo/t';l]/l.'i/2021 ): GVF\Vvpis po 'i?jff:rHe;cz-G^AI?IJT 0^^"y ^rc-^e"^. ^.- ^^^(, ^. ^^ b.^'^-^ ~Q DPW.Eii^ineerinL' ~0 UL'partiii'-'nt olTr.insporti.ition -STP~0 ~E DPW.SrlUWasle Tl"DOT-Hirihw;.iy.K.LUJ! DPW-Wasteu'aler ~w Si.it^DL-'p.inmeiit oi'Hc.tlth~n Firc-Dcpjrtmcitt ~u- Sl.ift'Historii'Pnt-;cn.''iH"n Divisinii~0 DL'paritiient of Paj ks &RL'LTCLttion "a' llHS-.-.lCram~s Couniv i-li>usinLt-AljC[icv ~@- V.S.Postal Dep<irtniciit"a' KIIPRC ~u Oiher:~w w Ciiunty Waicr Dcpjrtiiicni County Trunsportation Agency ^ r DEPARTMENT OF PLANNING KA'AINA HULL,DIRECTOR JOOI A.HIGUCHI SAYeGUSA,DEPUTY DIRECTOR OEREit S.K.KAWAfiAMI,MAYOR ilCHAELA.DAHItlG.MANAGING DIRECTOR L. I.SUMMARY Action Required by Planning Commission: Subdivision Permit No. Name ofApplicant(s) II.PROJECT INFORMATION Consideration ofSubdivision Application No.S-2022-5 that involves a two (2)lot boundary adjustment. Application No.S-2022-5 MORTON L.COHEN FAlVIILY TRUST X.t.0.1. C I ^/il?j Map Title Consolidation of Lot C and 90-A-3 Being Portions of Grant 8361to Ethal Hanohano and Resubdivision of said Consolidation into Lots C-l and 90-A-3-A and Designation of Easements AU-3 and AU-4 at Kapa'a,Kaua'i,Hawai'i. Tax Map Key(s):4-4-013:034 &035 Area:2.91 acres Zoning:Agriculture State Land Use District(s): Agricultural General Pian Designation: Homestead AGENCYCOMMENTS ^COKPublicWorks pending [_]State OOT-Highways: COKWater:pending [>^|State Health:11.03.2021 Qother(s)QDLNR-SHPD: EXISTING ROAO RIGHT-OF-WAY(S) Road Name Existing Width Required Width Pavement YES N0 Reserve Kanepo'onui Road 30 feet 44 feet s a a D a D APPLICABLE FEES Environmental Impact Assessment (EiA)N/A Park Dedication N/A Appraisa!Report Requirsd M/A III.EVALUATION The proposal redefines the boundaries between two (2)existing lots within the County Agriculture Zoning District.The intent ofthis proposal is to adjust the boundarjes between existing Lots C and 90-A-3 to resolve a boundary encroachment of a swimming pool and fence.It should be noted that the swimming pool is a permitted structure through Class 1 Zoning Permit Z-1076-94 that was approved by the County of Kaua'i,Planning Department on April 6,1994.However,the fence surrounding the pool is not a permitted structure and the Applicant should obtain a Class 1 Zoning Permit for the fence and pay all applicable fees prior to final subdivision approval.Since there are no additional lots being created with this application,there will be no assessment of EIA and Park Dedication Fees. In further evaluating the proposal,the subject properties were originally a part of a three (3)lot subdivision,previously processed through Subdivision No.S-89-77 that was approved by the County of Kaua'i Planning Commission on January 9,1992.Prior to the submittal of Subdivision No.S-89-77,the Applicant applied for a variance permit to deviate from the minimum average lot wjdth within the County Agriculture Zoning District for a proposed three (3)lot subdivision.The varjance was reviewed through Class IV Zonjng Permit Z-IV-89-58 and Variance Permit Z-89-17 and was approved by the County of Kaua'i Planning Commission on August 10,1989. Furthermore,Lot C was also a part of Subdivision No.S-93-62 that was approved by the County of Kaua'i Planning Commission on January 27,1994.The subdivision involved a two (2)lot boundary adjustment between Lot C and Lot B,and created the lot boundaries as they are shown on the preliminary subdivision map of this subdivision application. IV.RECOMMENDATION 2 1 Page S-2022-5;Subdivision Reporl Morton L.Cohen FamilyTnjst 12.14.2021 9SWUWWWS SSWW3WSS*$ tpprovat D Denied D Approval D Denied Tentative Approval subject to all requirements as noted on the follow pages: All conditions have been complied with Birertorol \ljlA^ Planning Date Director of Planning Date V.AGENCY REQUIREMENTS 1.Requirements of the Planning Department: a.An updated preliminary title report for the existing lots shall be submitted to the Planning Department for review. b.All existing and proposed easements,if any,shall be identified in the deed descriptions ofthe affected lots,draft copies ofwhich shall be submitted to the Planning Department for review and approval. c.Pursuant to Section 9-3.8(b)of the Subdivision Ordinance,Kaua'i County Code (1987),the Applicant shall submit to the Planning Department an electronic record (digitized format)of the final subdivision map(s)on disk for record keeping purposes priorto final subdivision approval. d.The Applicant shall obtain a Class 1 Zoning Permit for the fence on proposed Lot C-l and shall pay all applicable fees assodated wjth the permit prior to final subdivision approval. e.The Applicant shall show on the final subdivision map a thirteen (13)foot future road widening reserve along the frontage of Kanepo'onui Road for proposed Lots C-l and 90-A-3-A as depicted on the final subdivision map of Subdivision No.S-93-62. f.The applicant is advised that uses on the newly-created lots shall be limited to those listed as permissible uses within the "A"Agricultural District in the State Land Use Commission Rules and Regulations.Dwellings on the lot shall mean a single-family dwelling located on and used in connection with a farm where agriculture activity provides income to the family occupying the dwelling. These restrictions shall be included in the covenants for the proposed lots, draft copies of which shall be submitted to the Planning Department for review and approval. 2.Requirements ofthe Department ofPublic Works (DPW): a.The subdivider shall comply with the requirements of the Department of Public Works,ifany,prior to final subdivision approval.The subdivider shall be notified of such requirements upon receipt oftheir report. 3 1 Page S-2022-5;Subdivision Report Morton L.Cohen FamiJy Trust 12.14.2021 Requirements of the Department of Water (DOW): a.The subdivider shall comply with the requirements of the Department of Water,jf any,prior to final subdivision approval.The subdivjder shall be notified ofsuch requirements upon receipt oftheir report. Requirements of the Department of Health (DOH): a.All structures and wastewater disposal systems are not shown on the subdivision map.Wastewater Branch will not recommend approval ofthe subdivision application until we have information on existing wastewater systems.The applicant must have his/her engineer or contractor submit a completed existing cesspool information card for each cesspool,identifying the location ofall wastewater systems with associated structures and their relationship to existing and proposed property lines. b.The property may harbor rodents which will disperse to the surrounding areas when the site is cleared.In accordance with Title 11,Hawaii Administrative Rules (HAR),Chapter 11-26,"Vector Control",the applicant shall ascertain the presence or absence of rodents on the property.Should the presence of rodents be determined,the applicant shall eradicate the rodents prior to clearing the site. c.If/when construction occurs on lot 90-A-3-A,noise will be generated during the construction and grading phases ofthe project.The applicable maximum permissible sound levels as stated in Title 11,HAR,Chapter11- 46,"Community Noise Control"shall not be exceeded unless a noise permit is obtained from the State Department of Health. d.Temporaryfugitive dust emissions could be emitted if/when Lot 90-A-3-A is prepared for construction and when construction activities occur.In accordance with Title 11,HAR Chapter 11-60.1 "Air Pollution Control", effective air pollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas.This jncludes the off-site roadways used to enter/exit the project.The control measures include but are not limited to the use of water wagons,sprinkler systems,dust fences,etc. 4 1 Pa ge S-2022-5;Subdivision Report Morton L.Cohen Family Trust 12.14.2021 e.If/when construction activities occur,the construction waste that will be generated by the project shall be disposed of at a solid waste disposal facility that complies with the applicable provisions of Title 11,HAR, Chapter 11-58.1 "Solid Waste Management Control",the open burning of any of these wastes on or off site prohibited. 5.The Applicant is advised the should any archaeological or historical resources be discovered during ground disturbing/construction work,all work in the area of the archaeological/historical findings shall immediately cease and the applicant shall contact the State Department of Land and Natural Resources, Historic Preservation Division and the Planning Department to determine mitigation measures. 6.The Applicant is advised that prior to and/or during construction and use additional conditions may be imposed by government agencies.Should this occur,the applicant shall resolve these conditions with the respective agency(ies). The Planning Commission is further advised that this report does not represent the Planning Department s final recommendation in view of the forthcoming public hearing process scheduled for DECEMBER 14,2021 whereby the entire record should be considered prior to decision-making.The entire record should include but not be limited to: a.Pending government agency comments; b.Testimony from the general public and interested others;and c.The Applicant's response to staff's report and recommendation as provided herein. 1\^A- SENNETH A.ESTES Planner 5 1 Page S-2022-5;Subdivision Report Morton L.Cohen Family Trust 12.14.2021 r ^ CONSOLIDATlON OF LOTS C AI^D 90-A-3 being P^rtic'ns of Crant a3fl to Ethcl Hanohanu AND l\£SUaDIV^ION OF SAID COl'ISljLIDATtC'N INTO LOTS C-1 ANO yo-/,-^-A WD OESIGNATIO;'!OF £ASEMENf-S AU-3 AriU AU--i KAP^'A AKU kM.^.-AJll.K«U^.|«U.KAUA't.l^w^-\lU.J.Idf.hr.,^)..-.[.,^ ',1.. ^w'^O.-1-t,.,I^IIU,,;•,..^,)(Tg,,,,^|,-^l~'(^/L:tl ,;.ll COUNTyOFKAUA'I PLANNING DEPARTMENT SESSISUt^ NOV -3 2321 ii'r\u E^VlftO'ReElTTArHEXtHTi?!'!7lCES 4444 RICE STREET,SUTTE A473 LlHU'E,HAWAI'I 96766 (808)241-4050 SUBDrVISION APPLICATION ROUTING FORM DATE:October 26,2021 Subdivision Map Review and Approval REQUEST: @ Preluninary a Pre-Flnal d Final a Extension SUDmSION APPUCATION N0: Owner(s)/AppIicant(s); Subdivision Permit N0.S-2022-5, Morton L.Cobem FamMy Trust NaOTeofSiurveyor/Engincer/AuthorizedAgent:[DennisEsaki Tas Map Key: Improvements: Tax Map Key:(4)4-4-013:034,035 [Assigned to:|Kenny Route To: COMMENTS (.Comment Due Date:11/25/2021 ): ^effri^^ ~w DFW-Engineering ~D Department ofTransportation -STP~a DPW-SolidWasCe ~D DOT-Highway,Kaiiai~s DPW-Wastewater ~E' State Department ofHealth~0 Fire-Department "D' State Historic Preservation Division T Department of Parks &Recreation "u' UH Sea Ormt~w Couiity Housing-Agency ~w U.S.Postal Departraent TT KHPRC -a- Other:~w County Water Department'W County Transportation Ageacy Subdivision Application No.:S-2022-5 Applicant:Morton L.Cohen Family Trust Based on our review ofthe application at this time,we have these environmental health concerns or comments for your consideration at this time. 1.All structures and wastewater disposal systems are not shown on the subdivision map.Wastewater Branch will not recommend approval of the subdivision application until we have information on existing wastewater systems.The applicant must have his/her engineer or contractor submit a completed existing cesspool information card for each cesspool,identifying the location of all wastewater systems with associated structures and their relationship to existing and proposed property lines. 2.The property may harbor rodents which will disperse to the surrounding areas if /when the site is cleared.In accordance with Title 11,Hawaii Administrative Rules (HAR),Chapter 11-26,"Vector Control",the applicant shall ascertain the presence or absence of rodents on the property.Should the presence of rodents be determined,the applicant shall eradicate the rodents prior to clearing the site. 3.If /when construction occurs on lot 90-A-3-A,noise will be generated during the construction and grading phases ofthis project.The applicable maximum permissible sound levels as stated in Title 11,HAR,Chapter 11-46,"Community Noise Control"shall not be exceeded unless a noise permit is obtained from the State Department of Health. 4.Temporary fugitive dust emissions could be emitted if/when lot 90-A-3-A is prepared for construction and when construction activities occur.In accordance with Title 11,HAR Chapter 11-60.1 "Air Pollution Conlrol",effective airpollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by consfruction work from affecting the surrounding areas. This includes the off-site roadways used to enter/exit the project.The control measures include but are not limited to the use of water wagons,sprinkler systems,dustfences,etc. 5.If /when construction activities occur,the construction waste that is be generated by the project shall be disposed of at a solid waste disposal facility that complies with the applicable provisions of Title 11,HAR,Chapter 11-58.1 "Solid Waste Management Control",the open burning of any of these wastes on or off site prohibited. Due to the general nature ofthe application submitted,we reserve the right to implement future environmental health restrictions when information that is more detailed is submitted. '^y^',. r '^t^ C'OL.'N'r'i'OFKAL'A'l l'L.\NN'IN(i l)[-:t'ARTMt-;N'l' 4444 KIC'E STRfcE'l'.SUITE ,\47.-i LIHLi-E.HAW.M'I 46766 i.^OSj 241.4051) SUUUIVISION Al'PLICA 1 KJN KOU'l'ING t''UKM l)ATI:::Oftoher.;6,2021 RECEIVED Off '^^U/I ('ntiHl'r iit K.lilifl Trn nsp(i i t,i hnii ,\('i.'ncy SulMlivision M.ip Ruview aiid Approval RliQUIST: ^I>reli«iiii;ir>r a fre-i<"in.]l a Fin.il Q Extension SUDIVIS10N APrLfCATION N0:Subdivision Permit N0.S-2022-3, 0\vncr(st/ApplicantYs):Mortoii L.Coheiii Family Trust Nanie ofSurveyor/Engineer/Aufhorized Agent:|Oenilis Esaki T;ix Mnp Key: [mprovements: 'l'ax Map Key:(4)4-4-0u:034,OJ5 |Assigncd to:|Kenny Route To: COMMENTS(0)»H»n»DHt'On/-.-;11/25/2021 ): C^w V^s «-'d p^tT^he Coi^iArQ.-'T <o^^v^^oje~c-\', L ~^K^^^ \l-&.'~^o>-l ~s DPW-Engineering -a~ Depanmeni ofTr-Linspon.ilion -STP-D DPW-SolidWasli: ~u DOT-Highiv.ly.K.ma'i"@ DPW-Waslewaier w State Dep;'uiment of Healih-D Fire-DcpiirlriK'iit "a' Stutc Historic PrL'sepr'Jtion Di^isinn-D DeptU'Uiieiit ul Purk.s &RL'creaiion ~a tiH Si;a Granl"w Couniy Housing-Aiirney 'w U.S.Postal Depanmcnt"D" K11PRC -a- Olher:~w CoL'iiLy Wjtipr DL-pjnmeni~w County Transportation Agency , 1 KAUA‘I PLANNING COMMISSION REGULAR MEETING June 08, 2021 Draft The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Chair Apisa at 9:07 a.m., - Microsoft Teams Audio +1 469-848-0234, Conference ID: 180 045 965# The following Commissioners were present: Ms. Glenda Nogami Streufert Ms. Donna Apisa Mr. Francis DeGracia Ms. Lori Otsuka Mr. Gerald Ako Absent: Ms. Helen Cox Mr. Melvin Chiba The following staff members were present: Planning Department – Director Kaaina Hull, Deputy Director Jodi Higuchi Sayegusa, Myles Hironaka, Dale Cua, Marisa Valenciano, and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – Deputy County Attorney Laura Barzilai; Office of Boards and Commissions – Administrator Ellen Ching, Administrative Specialist Anela Segreti, and Support Clerk Arleen Kuwamura Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Apisa: Okay. We are ready. I Called the meeting to order. Could we do a roll call, please. ROLL CALL Planning Director Mr. Kaaina Hull: Roll call, Madame Chair. Commissioner Ako? Mr. Ako: Here. Mr. Hull: Commissioner Chiba is excused. Commissioner Cox is excused. Commissioner DeGracia? Mr. DeGracia: Here. Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Here 2 Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Here. Mr. Hull: Chair Apisa. Chair Apisa: Here. Mr. Hull: You have a quorum, Madame Chair. Five (5) present. APPROVAL OF AGENDA Mr. Hull: Next would be the Approval of Agenda, the Department has no recommended changes to the agenda Chair Apisa: Call for a motion to approve the agenda. Ms. Nogami-Streufert: I move to approve the agenda. Chair Apisa: Do we have a second? Ms. Otsuka: I second. I second. Chair Apisa: All in favor? (Unanimous voice vote). Group: Aye. Chair Apisa: Is there any of you opposed? Hearing no opposition, the agenda is approved 5.0. And just to be sure everyone speaks up so we could make sure we get enough ayes. MINUTES of the meeting(s) of the Planning Commission Chair Apisa: Minutes, the meeting or, I’m sorry, Kaaina, minutes of the meeting of the Planning Commission. Mr. Hull: We have no previous minutes. We still are working with some half-staff Boards and Commissions, they are still doing double duty at the KEMA operation center, so right now we don’t have the minutes, but we expect them possibly at the next meeting. Chair Apisa: Okay. RECEIPT OF ITEMS FOR THE RECORD (None) Mr. Hull: We have no Receipt of Items for the record. HEARINGS AND PUBLIC COMMENT 5 Chair Apisa: Thank you. Ms. Barzilai: Thank you. Ms. Bronster: And I just want to, just a point of clarification, just so I’m clear, is the decision that I will not be able to testify at all today or just at this time? Ms. Barzilai: We’d like to take comments from the public, but it’s not related to an agenda item so, therefore, we are unable to take comments. And we will not be in a position to amend the agenda today, therefore, the matter will not be heard. Chair Apisa: All right. Thank you. So, then, Kaaina, moving on with the agenda. Mr. Hull: Madam Chair, I’m sorry, we have another member of the public that just called in, so I’d like to go back to the public testimony. Area code , would you like to testify on any agenda item at this time? Woman: No, thank you. Mr. Hull: Thank you. Is there any other member of the public who has called in that would like to testify on any of the agenda items, but I did not call out your phone number? If so, please speak your name. Hearing none, we will go into - there’s no further testimony. Continued Agency Hearing New Agency Hearing Class IV Zoning Permit (Z-IV-2021-9) and Use Permit (U-2021-8) to allow renovations to the existing church to include lanai additions, a new meeting room, storage spaces, and pantry on the ‘Ele’ele Baptist Church property, situated on the makai side of Kaumuali’I Highway, approximately 300 feet east of the Kaumuali’I Highway/Mehana Road intersection, further identified as 339 Mehana Road, Tax Map Key: (4) 2-1-001:041 and containing a total area of 30,013 sq. ft. = ‘Ele’ele Baptist Church. [Director’s Report Received, May 25, 2021.]. Mr. Hull: We’re going to the New Agency Hearing, Madam Chair. This is agenda item F.2. This is a request for Zoning Permit Z-IV and Use Permit U- sorry, excuse me, this request for a Zoning Permit Z-IV-2021-9 and Use Permit 20 - U-2021-8 to allow renovations to the existing church to include lanai additions, a new meeting room, storage spaces and pantry on the `Ele`ele Baptist Church property situated on the Makai side of Kaumuali’i Highway, approximately 300 feet east of the Kaumuali’i Highway/Mehana Road intersection, further identified as 339 Mehana Road, Tax Map Key: 2-1-001:041 and containing a total area of 30,013 square feet. The applicant is `Ele`ele Baptist Church. At this time, is there any member of the public that has called in that would like to testify and speak specifically on the new agency hearing for the `Ele`ele Baptist Church? If so, please just state your name. Again, this would be the last call for 6 any member of the public that have called in for the new agency hearing for the `Ele`ele Baptist Church, if you’d like to testify on this new agency hearing, please state your name and provide three minutes of testimony. Hearing none, Madam Chair, the department would recommend a motion be made to close the agency hearing. Chair Apisa: Do we have a motion to close the Agency Hearing on the `Ele`ele Baptist Church? Mr. DeGracia: I move to close the agency hearing. Ms. Otsuka: I move to close... Ms. Nogami-Streufert: I second. Chair Apisa: Okay. We have a motion and a second to close the Agency, New Agency Hearing on Class IV Zoning Permit Z-IV-2021-9 and Use Permit U-2021-8. All in favor? Aye. (Unanimous voice vote). Excuse me. All right. Motion carried 5:0. Thank you. Is there any, any opposed? Hearing none, the Agency, the New Agency Hearing is closed. Mr. Hull: Thank you, Madam Chair. And then, we’ll move directly into this agenda item for review. So, as I pointed out previously, there are three letters of testimony that the Commission received pertaining to this application. I’m now going to turn it over Marissa to provide the Director’s Report pertaining to this matter. Marissa, take it over. Staff Planner Marissa Valenciano: Thanks, Kaaina. Good morning, Madam Chair and members of the Commission. Chair, may I have permission to summarize and highlight certain aspects of my report? Chair Apisa: Yes, please. Thank you. Mr. Valenciano read the Summary, Project Data, Project Description and Use, Additional Findings, Preliminary Evaluation, and Preliminary Conclusion sections of the Director’s Report for the record (on file with the Planning Department Ms. Valenciano: And in conclusion, the proposed development is not anticipated to have any detrimental impacts to the environment or to the surrounding area and is in compliance with the criteria outlined for the granting of a Use Permit and a Class IV Zoning Permit. I think this is it. I just wanted to note to the Commission, that we included supplemental No. 2 to the Director’s Report which contains photos of the subject property and the Department just wanted to show these pictures as it might be helpful in understanding where the proposed improvements will be located. I think that is it, and I will just withhold for the recommendation. 7 Chair Apisa: Thank you. It’s a very good report, Marissa. Do we have the applicant present to speak on this subject? Mr. Santa Maria: Yes. I am Edwin Santa Maria, the architect of the project and also the `Ele`ele Baptist Church authorized agent. So, I just want to go over the project purpose and function. So, on the mountainside we’re adding a lanai. It is going to be used as an overflow space for the church services and at this time after the pandemic, we believe it’s more appropriate due to the outdoor settings and also allows people to attend safely without being caught indoors. And also on the Makai site, the function of those rooms is to support the mission of the `Ele`ele Baptist Church and their support of their community members with the food drives that have been occurring during the pandemic. Although this project was initiated in 2017, it’s finally coming to fruition, and we just need more spaces for their operations such as holding the meeting space where they can prepare the boxes for their food drives. And so, with your approval of this project, this project will get access to the community. And if there are any further questions, I’ll address them later. Chair Apisa: Thank you very much. Commissioners, does anyone have any questions at this time of the applicant? Ms. Nogami-Streufert: Yeah, we do. This is Glenda Streufert. One of the issues that came or one of the comments I’ve got is a neighbor who says that they were some flooding on their property with the latest rain events that we’ve been having. Is there any consideration part of the architect or the planner on this one about how to mitigate or is that an issue that will be taken up by the Planning Department or by the Building Department? Ms. Valenciano: I can address that. So, in the Director’s Report, there was an agency comment from Public Works Engineering Division. And within the agency comment there were conditions talking about drainage and then having best management practices with that, so it’s already folding into the, as part of the agency comments. And then just wanted to note that the topography of this area is such that it is downward sloping, so I’ve read the testimony and I believe in some ways with the - on pave parking it would help to regain some of the drainage, but I think overall, there might be some drainage issues in that area just because the area in `Ele`ele on that site is just generally sloping. So, it’s not to say that it’s just this one particular property would be - but could be, you know, other properties as well on the upside. Maybe Edwin has anything else to add. Mr. Santa Maria: Yes. If we look at this problem with flooding on the church and from what I could see from the total survey in water is flowing downhill and it also comes from the properties above `Ele`ele Baptist Church. So one of the solutions that was done in 2011, was just to add concrete swale on the mauka side so it prevents the water from gathering at the entrance of the church and with this concrete swale, it has not flooded the church since then. Regarding the neighbors, I believe what happens is the water also just keeps continuing to flow and just flows on to our property, `Ele`ele Baptist Church and then continues downhill. So, what we can do for the neighbors to alleviate some of the overflow is to add gutters and to divert the water around towards the highway side and that would alleviate some of the water that would gather on this property, but, you know, other than that it should be a solution which is beyond the scope of 8 work that the church can accommodate because the water comes from multiple directions above, you know, the property. Chair Apisa: Thank you. Any other questions from the Commissioners? Mr. DeGracia: I got a comment, maybe not so much a question. This is Commissioner DeGracia for the applicant’s representative. I can really appreciate your comments as far as mitigating the water flow coming from the highway. I guess my concern is to increase in the footprint of the structure to, for an additional opposite square foot. So, I guess, my concern rest in the written testimony submitted by the neighbor. And that, I guess, the current situation of flooding that can be a lot of it is out of your hand, so to speak, but I would just like to ensure that maybe the increase in the footprint wouldn’t cause any further flooding in a higher degree. Mr. Santa Maria: Yeah. That’s right. Yeah. Mr. DeGracia: You know? Mr. Santa Maria: Yes, I can assure that because, I can assure that because the elevations from the total shows that the new improvement is below the neighbor’s property, at the property line. So, the new improvements are, the elevation will be low and would not have (inaudible) water to their property. Mr. DeGracia: All right. Thank you very much. Chair Apisa: Any other questions? Kaaina, I will ask for your direction here. Do we... Mr. Hull: If there are no further questions for the applicant or for staff at this point it might be appropriate to hear Marisa represent the Department’s recommendation. Chair Apisa: Yes. Please could you give us the Department’s recommendation? Ms. Valenciano: Yes. So based on the foregoing evaluation and conclusion, it is hereby recommended that Class IV Zoning Permit Z-IV-2021-9 and Use Permit U-2021-8 be approved with the following Conditions as seen in the Director’s Report. Chair Apisa: Commissioners, are we ready to entertain a motion? Would someone like to make... Mr. DeGracia: This is Commissioner DeGracia. Yes. I move to approve Class IV Zoning Permit Z-IV-2021-9 and Use Permit U-2021-8 and for the other further comment, you know, I really appreciate the church reaching out, want to expand in the church to the community and helping out with the food drive and everything you’re doing there is well noted. Ms. Nogami-Streufert: I second. 9 Chair Apisa: Okay. Okay. We have a motion on the floor. I guess, Kaaina, let’s do a roll call just to make sure we hear everyone. Mr. Hull: Okay. Did you ask for any further discussion before the roll call? Chair Apisa: Yeah. Good point. Any further discussion? Roll call please. Mr. Hull: Roll call. Ms. Nogami-Streufert: Could I ask question? Mr. Hull: Well, go ahead. Ms. Nogami-Streufert: I would ask that the church work with the neighbor to whether any mitigation. It’s not (inaudible) a request as a good neighbor. Chair Apisa: Thank you. Any other comments? A roll call, please, Kaaina. Mr. Hull: Roll call, Madam Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Aye. Mr. Hull: Commissioner Otsuka? Ms.Otsuka: Aye. Mr. Hull: Chair Apisa? Chair Apisa: Aye. A motion... Mr. Hull: A motion Passes 5:0, Madame Chair. Class IV Zoning Permit (Z-IV-2021-10) to allow conversion of the existing Kukui Grove Cinema building into a mix-use professional office/residential project involving a parcel situated at the Haleko Road/Pua Loke Street intersection, further identified 4368 Kukui Grove Street, Tax Map Key: (4) 3-3-006:020 and containing a total area of 2.1667 acres = Mana`o Capital Group, LLC. [Director’s Report Received, May 25, 2021.]. 10 Mr. Hull: Next, we have Agenda Item F.2.b, the New Agency Hearing for Class IV Zoning Permit Z-IV-2021-10, to allow conversion of the existing Kukui Grove Cinema Building into a mixed-use professional office, residential project involving a parcel situated at Haleko Road, Pua Loke Street intersection, further identified as 4368 Kukui Grove Street, Tax Map Key: (4) 3-3- 006:020 and containing a total area of 2.1667 acres. The applicant is Mana’o Capital Group LLC. This is a New Agency Hearing portion of the Agenda Items, so have any members of the public called in that would like to testify on the new agency hearing from the Mana’o Capital Group LLC. Please state your name, if so. Again, last call for any members of the public that would like to testify on the new agency hearing from Mana’o Capital Group LLC, please state your name for testimony. Hearing none, Madame Chair, the Department will recommend closing the agency hearing. Chair Apisa: Could we have a motion to close the Agency Hearing on the Class IV Zoning Permit Z-IV-2021-10? Ms. Nogami-Streufert: I move to close the Agency Hearing. Mr. DeGracia: I second. Chair Apisa: Okay. We have a motion on the floor. Is there any other discussion or to close the Agency Hearing? Could we just take a yes or no vote on this? All in favor? Aye. (Unanimous voice vote). Aye. Was there any opposed? None. Motion carries 5:0. The New Agency Hearing is closed. Mr. Hull: Thank you, Madam Chair. At this point, we’ll... Chair Apisa: Let’s go to the Director’s Report. Mr. Hull: Yeah. I’ll turn it over to Dale for the Director’s report from our (inaudible) application. Thank you. Staff Planner Dale Cua: Good morning, Madam Chair and members of the Planning Commission. With your permission at this time, I’d like to summarize the highlights of the Director’s Report. Mr. Cua read the Summary, Project Description and Use, and Applicant’s Reasons/Justification sections of the Director’s Report for the record (on file with the Planning Department). Mr. Cua: An existing driveway connected into Kukui Grove Street provides egress/ingress to the project site as well as the neighboring professional office buildings in the Kukui Grove executive 11 center. Agency comments are attached as to Exhibit A and this concludes the Director’s Report at this time. Chair Apisa: Thank you, Dale. Is there anyone here from representing Mana’o Capital Group, LLC? Ms. Jean Yu: Hello. This is Jean Yu, and I am representing Mana’o Capital Group. Good morning, Madam Chair and members of the Commission, thank you so much for this opportunity to present our application. Dale did a wonderful job summarizing it. So, I’ll just say that as you know this beloved entity has been around in the community since 1985 and it was expanded and renovated in ‘94 and, you know, it’s really been a functioning movie theater until the pandemic hit. Overall, the building itself is in a good condition but does need quite a bit of renovations due to deferred maintenance and our thought was to really bring that historic building to good use, ultimately converting it into office space and residential space. Housing is a huge issue and we wanted to at least do our part in contributing to help alleviate some of that while not extending the footprint of the building itself. We believe that this project will definitely benefit the community in so many different ways, not just with high quality medical office space, but - and residential areas but also being, sort of, a hub for culture and performing arts by leaving one of those, (inaudible) be it movie theaters as an auditorium and, sort of, performing art center, so this is our vision for the project and we would really appreciate your consideration in accepting this. Thank you. Chair Apisa: Thank you very much. Do we have any questions or comments from the Commissioners? Ms. Nogami-Streufert: If I could ask a question of Dale. Dale, one of the things is the applicant indicates that there is a total of a 144 off street parking stalls within the subject property. But that subject property, that also include all the office buildings and the doctor’s offices that are within that area that whole parking space or how does that, how do you, yeah, how do you... Mr. Cua: A unique development in the sense that at the time the project was initially approved in the ‘80s. They wanted to pitch this village concept where you have integrated commercial development where it would contain multiple office commercial buildings and the parking for the area would be shared amongst all property owners and it was a flexible way to accommodate the development from a standpoint while they were, there are existing property lines. It offered flexibility where instead of having parking assigned to just your units it was shared. So, I think over the years, it proved to be valuable, and it was a way to allow the commercial and that movie theater to exist because if you just evaluate the projects based on use, they weren’t enough parking but because the activities occurred at different times of the day, you know, they found that to be very useful and it actually worked. So, in this case, the 144 stalls it is exclusively on the applicant’s property, but the parking is amongst all the professional services and uses in that village area. 12 Ms. Nogami Streufert: So, with these new, because this is going to change the timeframe or when parking is going to be, when parking will be more used. Will this accommodate the parking, or will this accommodate most of the time? Mr. Cua: From what I’ve observed at the property, it should be, yes. Ms. Nogami-Streufert: Thank you. Chair Apisa: Thank you, Glenda and Dale. Any other questions or comments? Hearing none. Kaaina, are we ready to receive the recommendation from the planner? Mr. Hull: I think if there are no further questions for either the applicant or for our staff, then I think we can... Chair Apisa: Please, Dale, give us your recommendation. Mr. Cua: Okay, we’ll get onto the recommendation of the Report. Based on the Evaluation and Conclusion, it is hereby recommended that the proposed development involving the conversion of the existing Kukui Grove Cinema building into a mixed-use professional residential project through Zoning Permit Z-IV-2021-10 be approved. And in the Report, there is a total of 12 Conditions. If you have any the questions for me, I can elaborate in any of the Conditions entered. Chair Apisa: Thank you very much, planner. And, Commissioners, hearing the recommendation, are there any further questions or comments? Hearing none, would someone like to make a motion? Ms. Nogami-Streufert: I move to accept the Planning Director’s Report (inaudible) 21. A way to utilize space that we already have, and it seems that new utilization of this space is maybe very beneficial for the community. Chair Apisa: Glenda, are you there? At least in my end it was a spotty connection, breaking in and out. I believe the motion was to approve. Ms. Nogami-Streufert: Yes. I move to approve the Director’s Report, approving Class IV Zoning Permit Z-IV-2021-10. Chair Apisa: Thank you very much. Ms. Otsuka: I second. Chair Apisa: We have a motion on the floor, is there any further comments at this time? Hearing none. All in favor? None. I think Kaaina, we’d like to do a rollcall again, please? Mr. Hull: Roll call, Madam Chair, Commissioner Ako? 13 Mr. Ako: Aye. Mr. Hull: Commissioner Chiba asked that she be excused. Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Chair Apisa? Chair Apisa: Aye. Mr. Hull: The motion passes 5:0, Madam Chair. Chair Apisa: Thank you. Continued Public Hearing New Public Hearing All remaining public testimony pursuant to HRS 92 (Sunshine Law) CONSENT CALENDAR Status Reports Director’s Report(s) for Project(s) Scheduled for Agency Hearing. EXECUTIVE SESSION GENERAL BUSINESS MATTERS Amendment to Class IV Zoning Permit (Z-IV-2016-15), Use Permit (U-2016-12), and Special Permit (SP-2016-5) to amend Condition No. 8 to allow additional time to complete the project, involving the Kipu Ranch parcel situated approximately 0.25 east of the Kipu Road/A`akukui Road intersection in Kipu, further identified as Tax Map Key: 3-1-002:001, and affecting a portions larger parcel containing approx. 2,842 + acres = Outfitters Kauai, Ltd. Mr. Hull: Next on the Agenda we have General Business, excuse me. Agenda Item I. General Business Matters Amendment to Class IV Zoning Permit (Z-IV-2016-15), Use Permit (U-2016- 12), and Special Permit (SP-2016-5) to amend Condition No. 8 to allow additional time to 14 complete the project, involving the Kipu Ranch parcel situated approximately 0.25 east of the Kipu Road/A`akukui Road intersection in Kipu, further identified as Tax Map Key: 3-1-002:001, and affecting a portions larger parcel containing approx. 2,842 + acres. The applicant is Outfitters Kauai, Ltd, and I will turn it over to Dale for the Director’s Report. Staff Planner Dale Cua: Thank you again, Commissioners. Moving on to the Director’s Report and again, I am going to summarize the highlights of the report. Mr. Cua read the Project Description and Use, Additional Findings, and Preliminary Evaluation sections of the Director’s Report for the record (on file with the Planning Department). Mr. Cua: At this time this concludes the Director’s Report and its findings. Chair Apisa: Thank you very much. Is there any questions or comments? Is the applicant present? Ms. Nogami-Streufert: If I could ask Dale a question on this thing. It says that there will be no (inaudible) but are they intending to build them as they were approved in 2016? Mr. Cua: Correct. So, the purpose of this actually before you, is a request to allow more time to complete the project. In the report, I noted that the deadline to complete the project would have been June 28, 2021. Ms. Nogami-Streufert: As I recall one of the concerns at that time, was that it would not have any impact on the views. Mr. Cua: Correct. Ms. Nogami-Streufert: Thank you. Chair Apisa: Are there any other questions for our Planner or Director? Is the applicant present to give us all here a report? Mr. Richard Haviland: Yes, I am here. Aloha. Dale did a great job in sharing the report… Chair Apisa: State your name for the record, please. Mr. Haviland: Yes. Richard Haviland owner of Outfitters Kauai. Chair Apisa: Thank you. Mr. Haviland: Yes, I would just like to thank Commissioners and staff for taking the time to consider this proposal. Mahalo. Chair Apisa: Okay, so nothing further to add, Commissioners are there any questions or comments for the applicant? 15 Ms. Otsuka: I just have a comment that I believe an extension is necessary because the pandemic really set us back. I am guessing without the tourist population they were not able to run their business on a normal schedule and so, I understand that they also have to create and be able to complete the project. So, I believe the extension is necessary. Thank you. This is just a comment. Chair Apisa: Yes. Thank you, Lori. We could hear you, but it was a little bit faint so if you get a little closer to the mic. Ms. Otsuka: Oh, I apologize. Is this better? Chair Apisa: It’s okay, just wanted to bring it to your attention. It is better and we could hear you. Ms. Otsuka: Okay, I apologize for that, thank you. Chair Apisa: Any other questions or comments? Hearing none. Do we have the recommendation, Dale? Mr. Cua: Yes. I will move on to the recommendation of the report. It is recommended that the Commission approves the applicant’s request to allow additional time to complete the project And to amend Condition No. 8 to read as follows. Condition No. 8, the improvements as represented by the applicant must be completed by June 28, 2026, and that concludes the Department’s amended of Condition No. 8. Chair Apisa: So that is a five-year extension? Mr. Cua: Yes, that would be. Chair Apisa: Commissioners and further comments or questions? Hearing none. Do we have a motion? Ms. Otsuka: I would like to make a motion to approve Amendment Class IV Zoning Permit Z- IV-2016-15 and Use Permit U-2016-12, Special Permit SP-2016-5 to amend Condition No. 8 allow additional time to complete the project involving the Kipu Ranch parcel. Applicant Outfitters Kauai. Chair Apisa: Thank you. Do we have a second? Ms. Nogami-Streufert: I seconded. Chair Apisa: Any discussion? Hearing none, I would like to take a roll call for the vote. Mr. Hull: Roll call Madame Chair. Commissioner Ako? 16 Mr. Ako: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Chair Apisa? Chair Apisa: Aye. Mr. Hull: Motion passes 5:0, Madam Chair. Chair Apisa: Thank you. COMMUNICATIONS (For Action) COMMITTEE REPORTS UNFINISIHED BUSINESS ( For Action) NEW BUSINESS. For Action - See Agenda F for Project Descriptions ANNOUNCEMENTS Topics for Future Meetings The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter on July 13, 2021. The Planning Commission anticipates meeting via teleconference but will announce its intended meeting method via agenda electronically posted at least six days prior to the meeting date. Mr. Hull: And with that Madame Chair and Members of the Commission, we have no further agenda items. That was nice and short and sweet compared to a few of the other meetings I know your folks attended here. But coming up for topics for future meetings on the horizon we 17 have Kapaa Habitat for Humanity project coming up just about 17 to 20 units. We have a series of zoning amendments or ordinance changes. One, for the Hokuala Resort area as well as possibly the Lihue Mill area. Also, on July agenda, we will be having the zoning amendment for the, what’s been dubbed the “Glamping Ordinance” or the “Draft Ordinance that is proposing to restrict certain camping activities or transient camping activities” in open district and agriculture districts. That I can say will probably generate a fair amount of public testimonies, so you will want to be prepared for a meeting to last a few hours if not, several hours just given the interest that draft ordinance has created. Aside from that we do not see too much agenda items for July and August, but that one we can see it creating a considerable amount of testimonies. And with that, that what we have on our horizon. If the Chair or any of the Commissioners would like us putting additional briefings on the agenda, oh, I apologize. We will also be looking at briefing in August from the Office of Planning concerning the Coastal Management Act and the Coastal Zone Management Program that is administered by the State and through our own staff here on island, which is primarily our Deputy Jodi Higuchi Sayegusa and Romio Idica. So yes, that is what is on the horizon but if you folks have anything else you folks want us to look at or provide as briefings, please let us know. Ms. Nogami-Streufert: Before we leave Madame Chair, if I could (inaudible)… Chair Apisa: It’s a bad connection we cannot hear you very well. Ms. Nogami-Streufert: I would like to a, if you would allow us to welcome our newest Commissioner Mr. Ako to our Commission that would be great. Thank you. Chair Apisa: Yes. Welcome, we are excited to have you. Ms. Otsuka: Yes, I wanted to welcome Gerald Ako to the Planning Commission. Mr. Ako: Good morning, guys. Ms. Otsuka: Hey Gerald. Thank you for your time and commitment. Mr. Ako: Your very welcome. It was a very stressful morning for me (inaudible) and they tell me it only gets worse. Ms. Nogami-Streufert: No, it gets better because we work together. Mr. Ako: Oh, all right, very good that is very encouraging to hear. Ms. Otsuka: Yes, we appreciate you. Mr. Ako: Well, I think for me its like getting out of my comfort zone here, so I think for me it will be a learning experience and hopefully, I can bring something to the table just so that we can make Kauai a better place to live. Somebody’s got to do it, so I thank you all too for doing what you folks all do. You folks have been here for the long hall already. 18 Chair Apisa: Commissioner Ako, thank you again, for stepping up to the plate, it’s a learning experience for us all. Every meeting is something new you never know what to expect and like Glenda said, its teamwork. Mr. Ako: Yes. Well, thank you. Mr. DeGracia: Welcome, Gerald. Mr. Ako: Hey, Francis. Chair Apisa: Any further comments or anything to add? Our next meeting is Scheduled for July 13, 2021, at 9:00 am via Zoom Meeting. ADJOURNMENT Chair Apisa: If there is no further business, I will entertain a motion to adjourn. Mr. DeGracia: I move to adjourn. Ms. Otsuka: I second that. Chair Apisa: Thank you very much. All in favor of adjournment? Group: Aye. Chair Apisa: Are there any opposed? Hearing none. The meeting is adjourned. Thank you as Kaaina said, short and sweet this one. Thank you all very much. Mr. Hull: Thank you all. Chair Apisa adjourned the meeting at 10:08 a.m. Respectfully submitted by: _________________________ Arleen Kuwamura, Commission Support Clerk ( ) Approved as circulated (add date of meeting approval) ( ) Approved as amended. See minutes of __________ meeting. 1 KAUA‘I PLANNING COMMISSION REGULAR MEETING July 13, 2021 Draft The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Chair Glenda Nogami Streufert at 9:15 a.m., - Microsoft Teams Audio +1 469-848-0234, Conference ID: 889 153 263# The following Commissioners were present: Ms. Donna Apisa Ms. Helen Cox Mr. Gerald Ako Mr. Melvin Chiba Mr. Francis DeGracia Ms. Glenda Nogami Streufert Ms. Lori Otsuka The following staff members were present: Planning Department – Director Kaaina Hull, Deputy Director Jodi Higuchi Sayegusa, Myles Hironaka, Dale Cua, Romeo Idica, Mike Laureta, and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – Deputy County Attorney Laura Barzilai; Office of Boards and Commissions – Administrator- Ellen Ching and Support Clerk Arleen Kuwamura. Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Apisa: Called the meeting to order at 9:15 a.m. ROLL CALL Planning Director Mr. Kaaina Mr. Hull: Okay, Madam Chair, it is 9:15 a.m. I think we got all the glitches out. Whenever you are ready to gavel the meeting. I think we are ready on our end. Chair Apisa: Okay, I am ready. I will, the meeting is called to order. Roll call please. Mr. Hull: Roll call, Madame Chair. Commissioner Chiba? Mr. Chiba: Here. Mr. Hull: Commissioner Cox? Ms. Cox: Here. Mr. Hull: Commissioner DeGracia? 2 Mr. DeGracia: Here. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Here. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Here. Mr. Hull: Commissioner Ako. Mr. Ako: Here. Mr. Hull: Chair Apisa. Chair Apisa: Here. Mr. Hull: You have a quorum, Madame Chair. Seven (7) present. APPROVAL OF AGENDA Mr. Hull: Next would be the Approval of the Agenda. The only agenda change the Department would recommend be a standard one we have been doing throughout the course of the pandemic is to move to have all News Business for Actions be heard directly after the respective hearings and we do not have any further changes. Ms. Nogami Streufert: I would move to accept the agenda as amended. Ms. Cox: I seconded. Chair Apisa: We have motion to approve the agenda as amend. All in favor? Say aye. (Unanimous voice vote). Ms. Cox: Aye. Ms. Otsuka: Aye. Ms. Nogami Streufert: Aye. Mr. Chiba: Aye. [Background talking] Mr. Hull: Members of the public that have called in, this will be the last call. We have asked you to be considerate of everybody participating. Please mute your phones. 4 Mr. Stewart: I would like to I guess offer no support for the Habitat for Humanity project. I have concerns about parking and congestion within the area. I yield my time. Mr. Hull: Thank you for your testimony. Area code , would you like to testify on any agenda item at this time? Again, Area code , would you like to testify on any agenda item at this time? Ms. Carolyn Pagent: This is Carolyn (inaudible) Pagent. Can you hear me? Mr. Hull: Yes, please speak you have three minutes to share your testify. Ms. Carolyn Pagent: Yes. I would like to testify in favor of Bill 2822. I live in Princeville and I do not want to see camping take place on the golf course space. And I think all of the open spaces on Kauai is very precious and we should protect that, and this is one way we can try to make that happen. Thank you. Mr. Hull: Thank you for your testimony. Area code . Would you like to testify on any agenda item at this time? Mr. Jay Borstein: Yes, my name is Jay Borstein, Jay Borstein, Kauai, Kailani. I would like to testify on Agenda Item 2.a Special Management Area Use Permit SMA (U)-2021-8. I sent in a written testimony, I would like to back that up a little bit. Just to elaborate, I believe it is a very good project that Huma..Hum…sorry, Habitat for Humanity does however; I believe that the placement is in the wrong area. That is one area and I believe the density is way too dense for that many units on that small plot of land providing no green belts no accept, accept off site. Which will obviously move people in the near directions. I’d like to reiterate that there is a whole lot more studies I believe that need to be taken place because we don’t know stuff like, “Has there been a traffic study?” “How is the sewer and the water issue with that many units and tight variance?” Also, there are some concerns too we have about 90% of the surface area is going to be covered with hard surfaces or maybe more tied in there with all the buildings and roads that they are going to needed with no green spaces. So I am concerned, has there been an environmental assessment done? Run-off is obviously a concern. So anyway, those are the concerns I have and I would like to support a lot more studies before the project takes place. Thank you. Mr. Hull: Thank you for your testimony. Area code , would you like to testify on any agenda item or any agenda item. Again, area code , would you like to testify on any agenda item at this time. Mr. Gary Weber: Yes, hi, this is Gary Weber. I serve as the Board President for the Kauai Kailani Association of Unit owners. Chair Apisa and Members of the Commission, thank you for this opportunity today. Obviously, it is well attended, and I appreciate you hearing each of us today. That is very good. I would really like to speak as a volunteer member of our Board of Directors. We have identified several serious concerns and questions we provided those in written testimony you have in your packets. I am not going to re-read that today; instead, I trust you will read it if you have not been able to yet. I know you had copious amounts of testimony so I know you have a lot to get through. Please read the letter from our Association Board on behalf of fifty-seven (57) unit owners. I will keep the reminder of my comments very brief and to the point. You are going to hear and will hear, read and I hope you will read several forms 6 any agenda item at this time? Hearing none. Area code . Would you like to testify on any agenda item at this time? Ms. Jana Redeck: Yes, I would. This is Jana Redeck. I am a homeowner in Kauai Kailani, unit #213. I have submitted written testimony that I hope is in your possession as I submitted it prior to the deadline. I just wanted to say that I am in full agreement with our homeowner association’s written testimony that they have submitted to you. Thank you. Mr. Hull: Thank you. Area code . Would you like to testify on any agenda item at this time? Again, area code 707— Ms. Janet Rametsy: Yes. Mr. Hull: Go on. Ms. Rametsy: I believe that is I, . Mr. Hull: Yes. Ms. Rametsy: My name is (inaudible). Thank you, thank you so much for holding…giving us an opportunity to speak. My name is Janet Rametsy. I am a homeowner in Princeville in the Sunset Drive community and served on the Board of Directors of the Sunset Drive Community Association. I am urging a word of support for Bill 2822, the importance for protecting the open space in Kauai is so essential to protect and maintain the beauty of the island that we all love so dearly. I just wanted to give a little personal anecdote of my last ten days here with some guest that were visiting. We were acting…we were the classic tourist trying get into a restaurant, trying to buy food with empty shelves in the grocery stores, and while we were able to pivot and make some other changes, we saw one family after another with hungry kids and the look of terror in the parents eyes was palpable. That they did not know how they were going to feed their kids because everything is so impacted. My purpose for urging passage of Bill 2822, is the infrastructure that exist on the island simple cannot accommodate additional impact of tourist visitors. And to protect the open space for the quality of life and for the beauty that we are all treasuring so much. I urge you to support the bill. I also very respectfully if for reasons it is very important and essential that if you can’t make a vote of support in this meeting, that you declare a moratorium, issue a moratorium on any applicable permits relevant permits so that you as the leaders of our island, have a chance to further study the issue. I thank you so much for giving us this opportunity. Mr. Hull: Thank you for your testimony. Area code . Would you like to testify on any agenda item at this time? Mr. Kenneth Minor: Yes. Hi, my name is Kenneth Minor and I, also live in the Sunset Drive community in Princeville. I concur with the last caller and we are certainly in support of Bill 2822. We would think, this island needs to be not another Maui or another Oahu. We need to protect our open space and the declarant the Starwood’s people who are trying to build fifty (50), glamping sites on the Makai Golf course holes one, two, and three. This is in the middle of a neighborhood, in the middle of the neighborhood. Glamping is not made for the middle of neighborhoods. We need to keep our open space and keep the beauty that we have there as we were promised and is the reason why we bought our homes there, for the peace, the beauty, 7 serenity. And this is what we all paid for and this is a total misuse of the word “ancillary” which is something that was in the Declaration of 1972, which none of us received by-the-way or very few of us, I was not one. And they are using this word “ancillary” as a use for this golf…section of the golf course and the word is a total misuse of that word, it’s a total misuse it is something that is such a stretch. So we hope you would support this as the last caller said that if you cannot resolve this at this meeting please issue a moratorium to further study this. Thank you very much. Mr. Hull: Thank you for your testimony. Area code . Would you like to testify on any agenda item at this time? Mr. Glen Heb: I would, can you hear me okay? Mr. Hull: definitely, please state your name and you got three minutes, sir. Mr. Heb: My name is Glen Heb, and I live less than a mile from the property in Waipouli near the Habitat Project and I would just like to reinforce (inaudible), testimony. I would like to reinforce the notation that we desperately need workforce housing here and creating housing and in that particular area, it might seem a little, I don’t know difficult in terms of vacationers or people in the destination zone. That area is zone for high-density housing and we need a place for our local folks can walk to work and use the bike path and get around town create less traffic in my view. In terms of the potential for those people to live in work in the neighborhood where they are so we just desperately need to create low cost affordable, permanently affordable housing for people. And it is a difficult place, a difficult place that we are all in, we need five thousand units for our island right now. Where are we going to get them and what are we going to do? And Habitat really is the best solution that we have in my view to take that issue on. So it’s so difficult to find spaces to utilize and be able to connect to the local sewage system and the water system that is already in place there and serving that area. So I really encourage the Commission and I really appreciate you work and taking all these ideas and mixing them together and coming up with how you see the best (inaudible) for our island. Thank you for what you do and I appreciate your time today. Thank you. Mr. Hull: Thank you for your testimony. Area code , would you like to testify on any agenda item at this time? Mr. Dwight Savolka: Yes I do. My name is Dwight Savolka. Mr. Hull: Please state your testimony you have three minutes for testimony. Mr. Savolka: Thank you. I am an owner in Kauai Kailani unit 104 and I have done an extensive review of all 138 pages, of the SMA Permit assessment submittal. Before I talk about that though, I just want to give you just a brief background on who I am. Not only am I a property owner which is key, I am a professional engineer and I have been since 1991. I have a certification in erosion and sediment control; I am a licensed real-estate broker and have been for the last fifteen years, which is our primary income and my supporting education is B.S in civil engineering (inaudible) State as well as a Master’s Degree from University of Colorado, in financial management. Having reviewed this document every single page, there are way too many omissions in the submittal to move forward with this project. It is very disturbing to me that the developer chose to move forward without any involvement of Kauai Kailani or anyone 8 else to work out something favorable here. Instead, they did all this basically in the dark of night and as Gary Weber pointed out, they have had not just a running head start, they have had a complete head start, 480 days in order to prepare, strategize, and plan. And yet they say they want to communicate with the spirit of aloha. I could not agree more but that is absolutely not what’s happened here. My background suggest that this is a disaster when it comes to traffic flow, it’s a disaster when it comes to storm water runoff, and pollution on the existing site as (inaudible), hello? Someone is talking over me. [Woman speaking in the background] Mr. Hull: Sorry, Dwight. Hold on for one second. For the members of the public again, for the consideration of everybody else here, please mute your phones until you are ready to testify. And if you have already testified, you may have not re-muted your phones again, please mute your phones so that the testifier can be heard. Mr. Savolka: Thank you, (inaudible) I may have— Mr. Hull: Hold on one second, Dwight. Hold on one second. Mr. Savolka: Thank you. I have looked through this and there are and especially given the amount of lead-time that the developer had to put somethings together and work with Kailani, perhaps. They chose not to, this is a visitor-designated area and yet were are going to plop an owner/occupied property right in the middle of it with no consideration for amenities for residences of that property. There is no management of storm water; there should be a tension basin and filtration system because they are going too basically, 100% (inaudible) this area. Run-off will change dramatically. The existing the property, we all know Kuhio Highway is a nightmare and crossing that bike path. I think that it is a wrong terminology, it is a sidewalk. A bike path is separate from a street and this is simply a sidewalk along the side. The additional traffic that is going to be generated from this development is going to go poorly and there will be accidents and probably injuries from people doing this. I am not here to say that the work that the developer does is not good. They have done from what I could find three projects here on Kauai, all of which are in residential areas, and many two of them I believe are right next to schools and areas of which— Man: Okay, you had your three minutes. Shut the fuck up! Mr. Hull: Oh! Mr. Savolka: I am sorry. Mr. Hull: Excuse me. We are going to mute everybody and please be respectful. This is an official Planning Commission Meeting. Dwight. Mr. Savolka: Thank you. I have submitted a twelve page (inaudible) going through the SMA Permit and the detail on that I know you guys have that. I have also drawn a map that shows the other projects that have been performed. This is the right project in the wrong location. I encourage you to read through the (inaudible) my professional expertise. I am not here to denigrate the developer in anyway, for their mission its well understood (inaudible) good. Thank you. 11 from what we can tell they will be able to walk up to 5000 jobs. I just want bring a little perspective on it. Just today, I looked up just to see what was happening in the real estate marked right now, there are ten houses in the Kapaa area under a million dollars. Ten houses under a million dollars. There on none, there are zero houses under five-hundred-thousand dollars in the Kapaa area. And these houses Habitat will probably…they are selling right now four-bedroom homes in Ele’ele for two-hundred and thirty-two-thousand dollars. Of course they have got over three thousand families on their waiting list, that ought to give you a little bit of a frame of reference. And that is not including the thousands of families that are on the County’s waiting list for affordable housing. So this really a tragedy. Now when I say there are only…what did I say there is 44 houses on Kauai under one point five million dollars. (Inaudible) of those have sold in a year and a half, to give you a frame of reference to how many houses are needed. On August the 6, the governor has removed the eviction moratorium based on statistics we are estimating up up to five hundred families could be evicted very soon after August the 6. That will add to our problems dramatically. Just trying to figure out how to rent something on Kauai is almost impossible for a three-bedroom home like these, the rents are in the three to four thousand dollar range right now. I have no idea how these local people can do that working for Foodland or any places that are paying between ten and fifteen dollars an hour. This is an urgent situation this project is desperately needed. Please do everything you can to move it forward. Thank you. Mr. Hull: Thank you for your testimony. Area code , would you like to testify on any agenda item at this time? Ms. Louisa Kavaka: Can you hear me? Mr. Hull: Yes, we can. Please go ahead and state your name and your testimony, please. Ms. Kavaka: This is Louisa Kavaka from Kauai Kailani, unit 320. I strongly oppose to this project. To the project 2.a, because I am concern about the ingress and egress congestion and safety concerns from our little road, Wana Road, that it is already congested with all the condominiums around it. I cannot imagine how it would be adding more congestion and traffic to this small road consider also that it is a bike path cross by. It brings concern to me about the heavy traffic from the construction people who will be coming and the visitors who will be coming into this development. I agree that it is a wonderful project for people to support and help them but it is the wrong location. It can be done somewhere else where it is less congested. As you know Kapaa Road and Kuhio Highway, it’s congested. I cannot imagine adding at least many cars; we are talking about two parking spaces per unit. I also want to add that the crisis of owning a home is not only happening in Kauai, it is in the mainland as well. So the price of a house in California starts at eight-hundred dollars, eight-hundred-thousand dollars. So Kauai is not the only state that is coming and suffering from this crisis, it’s all over mainland. So I want to emphasis that the location is not the correct one. I agree with the Humanity for People to have their homes, but this is the wrong location. It’s a small place to bring more congestion already so I am concern about safety and I do not support. Thank you. Mr. Hull: Thank you for your testimony. Area code , would you like to testify on any agenda item at this time? Again— Mr. Kamala Salibi: Yes, can you hear me? 13 to happen to continue for them to live here, we are going to end up with nothing. Bottom line, we are going to end up with nothing. So do the right thing make this happen. Okay, traffic yes, you are going to get opposition because of traffic and so what its only 17 units. It is not people moving here to live in these units, its families that are already living here dealing with the same traffic we all got to deal with every day. Instead of turning left, they are going to turn right. Instead of driving over to Safeway, Starbuck, or McDonalds they probably going to walk over to these places, okay? Big deal. So do not make traffic an issue of preventing affordable homes for our local families. If that is the case, than limit the cars that are coming into our harbors. And for the people who said construction workers, may I remind you homeowners, that they are the ones building your homes. They are the ones who are putting in the sweat equity in and hours to build their homes to live there. So Kauai Habitat for Humanity has a solid foundation of building homes for our Kauai families. We are not asking for any changes to current zoning or exemptions we want to make this happen for these 17 families. We rely on our self-help methods, community partnerships, volunteer labor, and with all this intertwined, we can provide homes with a price range of $250.000 to $330.000. You are not going to find that on any real estate website, I can tell you that you that right now. But what you will find is family that is strengthen— Mr. Hull: Three minutes, please. Ms. McDermott: Stronger marriages, and children’s education enriched, why? Because they have a decent place to live in. So you guys, make this Waipouli project happen. Mahalo. Mr. Hull: Thank you for your testimony. Next number area code , would you like to testify on any agenda item at this time? Again— Ms. Lorraine Mull: Can you hear me? Mr. Hull: Yes, we can hear you. Please state your name and you have three minutes for your testimony. Ms. Lorraine Mull: Hi. Yes, yes, I would. My name is Lorraine Mull. I am a resident of the north shore. I have lived here for 30 years and calling to express my support for bill 2822 that will protect our open space, which is probable the most paramount and important issue that affects our island and is the essence of what makes Kauai, Kauai. I think the intent of County Council on this bill is very clear, and I would like to note that the Kauai General Plan does not have any new resorts on the north shore for the term of the existing General Plan. That no new resorts would be slated would be slated until 2028. I think everybody on the phone this morning probably equally are aware of the impacts of the over tourism we are experiencing right now. I completely understand the benefits to our economy of tourism and of our infrastructure and especially up here on the north shore or roads have been so severely impacted for the last three years. We are at an incredible tipping point as to how much more we can take, I understand that Princeville is in the VDA but the resorts are in the resort-designated area. And any attempt to expand the resort on to open space is just a Trojan horse for resort development and I hope that it is recognized as such. Any precedence in allowing commercial development campgrounds on open space under these situations would be impactful for the rest of the island and I think it would open the door for all sorts of trouble that will be hard to undo once it’s done. I agree with the folks earlier who suggested a moratorium on any new applications that would be covered by 16 even have come up had that not have happened. So I really urge the Planning Department to pass this bill even with some valid contingency or at the very least to defer plans that are currently being presented until an outcome can be reached as a couple of other folks have suggested. As we know, unbridled development threatens Kauai in many ways, and really, the only development that we should be considering at this time is low-income housing such as the Habitat project and Agri-business. The infrastructure is unable to cope with existing loads as many people have mentioned. The environmental impacts are numerous and the very essence of Kauai’s attraction is being threatened along with the quality of life is being threatened for both residence and visitors. I mean look what is happening on Maui, let’s not wait and until it is too late. Let us do what we can right now to stop this unbridled development on open land, which was designed to be open in perpetuity. So I really appreciate the opportunity to voice my opinion today at this public hearing and I appreciate all the things that the Commissioners are doing and that is my testimony. Thank you very much. Mr. Hull: Thank you for your testimony. Going back— Mr. Greg Crowe: Yeah, this is Greg Crowe, I got skipped over too because I couldn’t get my on mute off. This is Greg Crowe for . Mr. Hull: Okay, Mr. Crowe go ahead and state your testimony please. Mr. Crowe: Thank you. I also submitted a written testimony in support of the Habitat Waipouli Project. And I’d like just to add that a couple of comments from hearing some of the other testimony earlier today, as some of you may remember me that I had a lot of active participation in the General Plan Update process and I particularly focused on the affordable housing crisis and its potential solutions. We all agree that there’s a desperate need for affordable housing and that housing has to go somewhere. But unfortunately, far too many people take the NIMBY attitude of not in my backyard, which ultimately becomes an effect another acronym BANANA, build absolutely nothing anywhere near anybody. That’s a big part of why we have the problem on Kauai right now with unaffordable housing and even just unavailable at any price, particularly for our workforce and local residents. They’re leaving the island as an earlier testifier mentioned. We need those people here on this island to maintain our economy. They’re the people that do the work and services, both the high end and the low end. There’s a lot of people that have already moved in here to the people living in high density developments and they’re now saying don’t, don’t come in. So in general slang use BANANAs means unbelievable ridiculous crazy. In reality to say that’s exactly the definition for new housing development that is preferred in the Kauai County General Plan, which as you all know, recently went through a detailed update process for more than a year. There was extensive community input, including special hearings in front of this Planning Commission and the county council and tons of pub- public input. That General Plan update was by far the best that Kauai has ever done and deservedly won a national prize. In short, this Habitat project is in the right place and desperately needed. It complies and deeply fulfills the goals of the General Plan update. So please approve it. Thank you for your attention and your, your work on all these complicated problems. Aloha. Mr. Hull: Thank you for your testimony. Moving on to area code , would you like to testify on any agenda at this time? And to unmute your phone, you have to push “star 62”. 19 Mr. Andrew Smith: Hello? Mr. Hull: Oh yeah. Go, go ahead. Please state your name. And you have three minutes for testimony. Mr. Smith: Yeah, hi. We got cut off earlier. This is Andrew and Jessica Smith and my phone numbers is . Mr. Hull: Okay. Please go ahead and state your testimony. Mr. Smith: Yeah, we’re, we’re makai of the, the Kauai Habitat for Humanity Project and we’re really concerned about just a little bit too much development, you know, in such a concentrated area. Ms. Smith: Yes, we come home about (inaudible). Mr. Hull: Ma’am, you are going to have to please - we can take separate testimony at a time. We can’t hear anything being stated right now. Ms. Smith: Okay, go ahead, continue, Andrew. Mr. Smith: Yes, so we are just concerned about, just not enough parking, just overflow and we’re - we’re concerned. Mr. Hull: Okay, is that your testimony, sir? Ms. Smith: (Inaudible), and its peaceful here (inaudible). Mr. Smith: Yeah. That is pretty much it. Mr. Hull: Well, well thank you for your testimony. Is Jessica, did she want to testify separately? Mr. Smith: I think she does. Mr. Hull: Okay. Just state your full name and speak into the phone. We are not hearing you very well. If you can please state, your full name and you have three minutes for testimony. Ms. Smith: Okay. Hi, I am Jessica Schmidt and I own a home here at Kalani condos, we’ve lived here for a year and uh, I feel like it’s, you know, it’s a great concept. I feel like it’s not the right location. I feel, uh - I am concerned about the parking of, um, the - the (inaudible) parking unit (unintelligible) to our quiet space back here. This - this is our - this is our protected neighborhood, and we are really thankful to be here. We just feel like it may not be the right spot for this project. We love the idea that, um, it’s very needed, but just maybe not the right location that we feel strongly for. That is it. Thanks. 22 Mr. Enright: Good evening, everyone. My name is Rory Enright. I - I would like to provide my support for Bill 2822 and thank the Planning Commission for its consideration of this very important legislation. My name is Rory Enright. I have been a resident in Kauai for the past 18 years. Uh, I have also served as Princeville general manager from 2010 to 2019. Like many of the residents of Kauai, the principal residents, have largely taken the open space within the community for granted. The open space is integral to Princeville’s Master Plan. Now, the existence of this open space is being threatened. I am sure all of you have heard enough about the expansion of the resort into the three holes with the golf course, what is commonly being called glamping. So I’m not going to take the time reiterating the concerns about this proposal. What is generally less understood is that all 300 acres of the Makai (inaudible) golf courses and the homes surrounding the course are at risk due to the way the comprehensive zoning ordinance currently defines the use of open space in the absence of the permanent open space category. In the Master Plan Community, like Princeville, the golf courses in Green Belt provide the required open space for separation and buffering between the dense - density of the hotels, condos and timeshares and the homes. And in addition, it’s a key component for our infrastructure, utilities and drainage. These focuses on the CZO are a Kauai wide problem. What’s happening at Princeville can and will happen in other places on the island if we don’t take action. Think of Princeville as the proverbial canary in the mineshaft. Leaving open space districts with the potential for future development within already completed community’s presents an open invitation to developers. Bill 2822 fills one of these holes, be clear that developed camping or glamping is resort expansion into our open space. I ask that you give your full and immediate support for Bill 2822 and encourage the County Council to pursue additional legislation to block all threats to the island’s open space. Residents of our community rely on you to help protect the integrity, beauty and livability of our communities. Thank you very much for the opportunity to speak and for your efforts in protecting our islands. Mahalo. Mr. Hull: Thank you for your testimony. Moving on to our last caller on the list, would you like to testify on any agenda item. You have to press star 62 to unmute your phone. Again, area code Mr. Kenneth Ramage: Yeah, hi. Can you hear me? Mr. Hull: Yep. Please state your name. Mr. Ramage: This is Ken Ramage, I am a lifelong resident, Unit 214 and I just want to say that I have supported Habitat for Humanity and other areas in the world; you know I mean, the United States especially. And I do know that they do a good job of helping low-income housing. I just think with the limited information provided by the, uh, likes of Habitat for Humanity and the ingress and egress problems along Wana Road, we - the road - the - the main road goes all the way by their in - right in front of Safeway, it goes down to one lane. And it just would bring much more traffic in there and create a big problem. And I think they should reconsider this location and to try to find another location that would better suit, uh the - uh - uh, the residents of this building in this project, and the surrounding property owners. Um, I just do not think it’s the right place at the right time and they need to have, uh, more evidence or interest put into this motion. And so I just - I just don’t support it for that reason. And uh, I’ve - I’ve been on Hawaii for years and I know that they have a - a housing issue that’s been, you know, like, but I, you 23 know, this guy said he had 8 or a lot of 808 people. But I’m just saying that it was a very important issue, but I don’t think it’s the right location. Thank you. Mr. Hull: Thank you for your testimony. Okay, folks, for all those that have called in, we have reached the list of our numbers that we are tracking. But at this time, I just want to also make ability for anybody who has not testified on an agenda item, would you like to, at this time, speak on any agenda item? If so, just please press star 62 on your phone to unmute your phone and state your name. Ms. Kathy Henderson: Hi, hi, my name is Kathy Henderson and uh, I’m a - I’m a Kauai Kailani owner, Unit 304. I have lived there for the past six years and uh, I think that this, um, idea is just, it’s a great idea, but it’s a very bad location. We already have problems with parking in Kauai Kailani. I can go there and, um, I - I don’t have any parking. There just is no parking. And so, with these additional 17 units, I can’t imagine what the parking status will be. It’s - it’s a good idea, but it’s - it’s a bad location. So I would hope that, um, the KBC will - will reject the proposal and or at least delay it and give more attention to the questions and the concerns of the neighbors. And, uh, and I love the island and I appreciate everything that the board does. So thank you for listening to me. Mahalo. Mr. Hull: Thank you for your testimony. Is there anyone else who has called in, but has not testified on an agenda item that would like to testify at this time? If so, please press star 62 on your phone to unmute your phone and state your name. Ms. Bridgit Hammerquist: Can you hear me? Mr. Hull: We can. Now please state your name and you have three minutes for testimony. Ms. Hammerquist: My name is Bridget Hammerquist. I live in Koloa and I am interested in two items on your agenda today. Item 2.a, I would or 2, I would just offer anytime, housing over parking. And I feel for the people in Kailani that they have a parking issue, and it sounds like poor planning on the part of their development. However, the lots that are adjacent, that are going to provide 17 homes for Habitat for Humanity qualified buyers is much more valuable and much more needed. I think the point made earlier that I would just second is that they are people that are in the community already, their cars are in the community already. This will not add to traffic, those cars are here also the risk to the units as one of the developers on the phone explained today. So, the parking will be taken care of as part of that 17-unit. The second thing I would like to speak to is Bill 2822. I serve as President of Friends of Maha’ulepu, a large organization that’s very devoted to the environment of Kauai and its preservation. And I think pouring concrete slab and putting them in an area that now serves as detention for rainfall is not only antithetical or contrary to the concept of open space, but it also risks more saturation of hillside with the potential for slides in the North Shore and should be seriously, um, stopped. Open space means open. And when was the last time anybody slept on a golf course at night? It’s just a ridiculous plan and it is an effort to expand resorts when resort expansion is specifically prohibited. It is an expansion coming in the front of a Trojan horse and Bill 2822 needs to pass now. The agricultural provision is a restatement of current Hawaii State Law when speaking of Ag zones. And I don’t think Bill 2822 should be held up. I think it would be more 24 problematic for the people of the island if it is not passed as it is currently drafted. Thank you for your consideration. I appreciate the time to make this contribution and I really appreciate all the service of each of the members of our Planning Commission. It’s a hard job. And thank you for helping to take care of Kauai for all of us. Mahalo. Mr. Hull: Thank you for your testimony. Again, is there anyone else who is called in to the Planning Commission meeting that would like to testify that hasn’t previously testified? If so, please press star 62 to unmute your phone and state your name. Again, just calling if anybody has called into this meeting and has not previously testified that would like to testify on any agenda item, please state your name. Ms. Carol Andrews: My name is Carol Andrews. I am a Princeville resident for over 30 years. And I am on this call-in support of Bill 2822. We purchased our home over 30 years ago, raising our children because we liked all of the open spaces and that lifestyle. I agree with everything that I heard from the people testifying in support of Bill 2822 and just wanted to add that as well. It would change the whole estate built on the open spaces. It would change the entire dynamics of this North Shore for people who do not even live in Princeville and enjoy coming to the North Shore. I feel it would be very detrimental to the island. And please pass that bill. Mr. Hull: Thank you for your - um, again, has anybody has called in that has not previously testified who would like to testify in any agenda item, please press star 62 to unmute your phone and state your name. Again, if anybody would like to testify on any agenda item who has not previously testified, uh, please unmute your phone by pressing star 62 and state your name. Okay. Last call. Mr. Donald Koch: Can you hear me? Mr. Hull: Go ahead. Please state your name. Mr. Koch: I live in the Kauai Kailani as a permanent resident. Mr. Hull: Sir? Sir? Mr. Koch: I have submitted a written testimony and it’s been pretty well covered by others. I would like to ask, is there admission that you had given up on extending the bypath southward in spite of problems that I know you are running into? Because a high-density area would certainly bring it into that project and parking will be a problem because just because the garage is built at a unit does not mean that their cars will be parked in the garage. Thank you so very kindly. Good-bye. Mr. Hull: Could you please state your name, sir? Mr. Koch: This is Donald Koch, K-O-C-H. Mr. Hull: Thank you for your testimony. 25 Mr. Koch: In the Kauai Kalani. Mr. Hull: Thank you, sir. Again, calling for anybody who has called into this meeting that would like to testify on any agenda item that has not previously testified, please press star 62 to unmute your phone and state your name. Okay. Last call for anybody that would like to testify who’s not previously testified. If so, please unmute your phone by pressing star 62 and state your name. Okay. With that, Madam Chair, that would end the Agenda Item F written public comment. I will also state and I should have clarified, um, previously that - hold on. That the - there was a supplemental agenda that you folks received is posted in which there were 42 pieces of community - or testimony - written testimony submitted for Kauai Habitat for Humanity and one supplement to the Director’s Report as well as there were an additional 141 letters submitted concerning the County Council Bill for open space and agriculturally developed campgrounds as well as a supplemental Director’s Report. And there were two letters for Kauai Lagoons, uh, Subdivision LLC - Subdivision 1, LLC. But those were submitted to the Commission and were also posted on the web. At this time, Madam Chair, it is 11 o’clock. Did you possibly want to entertain a 15-minute break for yourself and the other commissioners? Chair Apisa: Yes. Thank you. I was going to suggest that. Let us take a 15-minute break. That sounds good. Mr. Hull: So, we will return— Chair Apisa: We will be back— Mr. Hull: We will be returning at 11:15. And then for the members of the public that have called in, you’re more than welcome to stay on the line to listen into the meeting, but the meeting is also on the webcast web viewing on the County Kauai website. That is just at www.kauai.gov if you would rather view the meeting through there. But thank you, and we’ll all see you at 11:15. The Commission recessed this portion of the meeting at 10:58 a.m. The Commission reconvened this portion of the meeting at 11:16 a.m. Chair Apisa: Call the meeting back to order after the recess. (Inaudible) recess. And could we do a roll call, please? Mr. Hull: Definitely. Roll call. Commissioner Chiba? Commissioner Chiba? Mr. Chiba: This is Chiba. I am here. Chair Apisa: Are back. To please, reminder to unmute your phone so we can take a roll call please. Mr. Hull: Chiba’s present. Commissioner Cox? Ms. Cox: Here. 26 Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Here. Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Here. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Here. Mr. Hull: Commissioner Ako? Mr. Ako: Here. Mr. Hull: Chair Apisa? Chair Apisa: Here. Mr. Hull: You have a quorum, Madam Chair. 7 present. Continued Agency Hearing Mr. Hull: We have no Continued Agency Hearing. New Agency Hearing SPECIAL MANAGEMENT AREA USE PERMIT SMA(U))-2021-8) for the development of an affordable housing project involving the construction of seventeen (17) housing units containing 8 duplexes and a single-family residence, and associated site improvements involving 2 parcels in Waipouli, located along the makai side of Kuhio Highway in the vicinity of property identified as 4-870 Kuhio highway, further know as Tax Map Key: 4- 3-009:051& 071, and containing a total area of 36,861 square feet= Kauai Habitat for Humanity. [Director’s Report received, June 22, 2021.] Mr. Hull: The next Agenda Item is the New Agency Hearing. This is now specifically on Special Management Area Use Permit SMAU2021-8 for the development of an affordable housing project involving the construction of 17 housing units containing eight duplexes and single-family residence, and associated site improvements involving two parcels in Waipouli, and located along the Makai side of Kuhio Highway in the vicinity of property identified as 4- 870 Kuhio Highway, better known as Tax Map Keys: 4-3-009:051 and 071, and containing a total area of 36,861 square feet. The applicant is Kauai Habitat for Humanity. This is the New Agency Hearing. So again, we are going to make a call for anybody who has not previously testified on the Kauai Habitat for Humanity application but would still like to testify 27 at this time, if you could please unmute your phone by pressing star 62 and state your name. Again, for anybody that has called into the meeting that has not previously testified for the Kauai Habitat for Humanity application but would like to testify on the application, please unmute your phone by pressing star 62 and stating your name. Hearing none. Madam Chair, with the testimony previously received, as well as the communication submitted, the Department would recommend closing the agency hearing at this time. Chair Apisa: Do we have a motion to close the agency hearing? Ms. Cox: I move we close the agency hearing. Ms. Nogami Streufert: I second. Chair Apisa: We have a - we have a motion on the floor. Do we - all in favor? Ms. Cox: Aye. Mr. DeGracia: Aye. Ms. Nogami Streufert: Aye. Ms. Otsuka: Aye. Mr. Chiba: Aye. Mr. Ako: Here. Chair Apisa: Any opposed? Hearing none, the agency hearing is closed. Motion carried. 7:0. Mr. Hull: Okay. Now, moving specifically into the Agenda Item, I’ll turn it over to Romio Idica, who is our staff planner assigned for this application read the Director’s report. Staff Planner Romio Idica: Hello, everybody. Good morning, Madam Chair. And good morning, Commissioners. For your consideration, Special Management Area Use Permit SMA(U)-2021-8 for the construction of eight two-story multi-family buildings consisting of 12 three-bedroom units and five two-bedroom units, and one of these five two-bedroom units, um, is a single- family dwelling for a total of 17 units. This proposal is on two different parcels, each identified as Tax Map Key No. 4-3-009:071 lots 21 and 22, which is 17,283 square feet and Tax Map Key 4-3-009:051 lots 29 and 30 which is 19,578 square feet. The combined space of both parcels is 36,861. Mr. Idica read the Project Description and Use, Additional Findings, and Preliminary Evaluation sections of the Director’s Report for the record (on file with the Planning Department). 28 Mr. Idica: Applicant is Kauai Habitat for Humanity Incorporated. The proposal - proposed development is located off Kuhio Highway at the intersection of Wana Road across the street from Kauai Shopping Village and Kauai Choy Village. An existing residence is located on Parcel 71. The applicant is seeking to sell parts of the residence that can be salvaged to anyone interested in purchasing it or have the residence taken down. And any usable parts will be sent to the Hanapepe Habitat Restore or reuse stores in the area. Access for this parcel will be strictly through Wana Road though egress or ingress will be off Kuhio Highway. The proposed three- bedroom units has a downstairs master bedroom, bathroom, lounging area and a two-car garage. The upstairs has two bedrooms, kitchen, living, bathroom and a lanai. The total living area is 1,052 square feet. The proposed two-bedroom unit has a downstairs and one master bedroom, bathroom, lounging area, and a two-car garage. Upstairs has another master bedroom suite along with a kitchen, dining, living, and then lanai. Total living area is 952 square feet. The single- family dwelling shares a similar layout to the two-bedroom units. As noted within the Director’s Reports, these respective square footage sizes excludes the garage, stairways and lanai. The applicant intends to provide these units as affordable housing, 13 of the 17 units will be sold at 80% below the Kauai County area medium income. The remaining four units will be sold below 115% of the Kauai County’s AMI. This pretty much concludes my brief summary. Before I read the Planning Department’s recommendation, I would like at this time to open up if there are any questions for the applicant or myself. Thank you. Ms. Nogami Streufert: Donna, you are muted. Chair Apisa: Thank you very much for that. Thank you, Romeo. Any questions for the planner? Hearing none, is the applicant present? Ms. Pimentel: Yes. This is Melanie Pimentel here, current Executive Director and along with Stephen Spears, past Executive Director and current Project Manager. Chair Apisa: Do you have anything to add to the report? Anything you would like to tell the Commissioners. Ms. Pimentel: Yes. I will, kind of, at the - there were noted some concerns on the coverage area on previous testimonies. Our proposed project is covering 54% of the total area. Mr. Spears: Where it is permitted to be 90%. Ms. Pimentel: And then to clarify, according to an evidence by the Planning Director’s Report, the proposed site is not in the visitor destination area. We are well within the R-20 zoning regulations certainly according and appropriate to the recently updated, uh, General Plan Update. And other than that, uh, not project specific, just certainly trying to point out again the huge need across our island for housing. Our Kapa’a area alone is about 570 people that have put their names on our mailing list interested to buy with Habitat. Within 10 miles, another thousand plus within 10 miles of the proposed site interested to buy with Habitat. So, certainly a need. And while our previous projects have happened to be located right near schools, with affordable housing, the priorities really are with not necessarily school locations but communities of opportunity with certainly the Waipouli area as proposed presents that huge community of 29 opportunity for our local workforce within access - walkable access certainly to some 5,000 and more jobs in the area. Chair Apisa: Thank you. Mr. Spears: I could say just to address some of the concerns that, it appears most of the concerns have come from Kailani and I actually read over the report and there were a couple of things that visitor’s director, visitor’s destination area is not owned. Also, when it comes to the ironwood trees, there were concerned about the view plan and we are actually leaving as many of those as possible but there will be required to remove some because there’s code as far as how far they can be from sewer lines to go through on water lines. And also, what they call to plain around driveways. So, I think we addressed most of these cases but, so, yeah. So, we believe that, you know, as the Planning Report pointed out that this is the exact type of development that was requested by the General Plan. So it’s - we’re asking for no exemptions, no special exemptions, and we have followed all the protocol for timing and all the research. Timing, I know there was concerns for people that are not necessarily familiar with planning and developing on Kauai but it takes a long time. So, there was no agenda taking a long time to develop the project. It’s a matter of getting permission. So, there’s a lot of construction into the (inaudible) and everything, so. Mr. Doug Haigh: Good morning, Commissioners. This is Doug Haigh; I believe I was invited to this meeting as part of Habitat I have been on the board for many years. I am currently the President of the Board. And as a disclaimer, I am the Chief of the Building Division and the Kauai Intern Flood Manager. This is a super project and I just want to give a big Mahalo to Dr. Fujii, for his generosity and patience to help us go through this project. I worked with him when we were doing the bike path in the area and he was always very community-minded and helpful. And a big Mahalo to Melanie and Steve, our staff at Habitat are so excellent in bringing these projects together and in considering everything and moving forward in a responsible manner. I did hear some of the complaints and I was surprised that I was surprised to hear from the neighbors. But, you know, that’s what we expect. The drainage issues, we have one of the premier civil engineers with, drainage experience as our civil engineer, Esaki Engineering, and they will be working with the County of Kauai Engineering Division making sure that all the drainage issues are addressed appropriately and clearly building division issues will be addressed appropriately too. So, I just want to say thank you so much for considering this project and I am personally looking forward to it because this is one that’s close to home that I can go down and volunteer and swing my hammer. Thank you. Chair Apisa: Thank you very much too all three of you. Commissioners, any questions for the applicant. Ms. Nogami-Streufert: Yes, if I could. This is Glenda Nogami-Streufert. I have heard the concerns of the residents around the area and it appears as though they do not have all the documents that we on the Commission may have. One of the issues that has come up frequently in, of the written as well as the oral testimony is the lack of planning - or not lack of planning, I am sorry. Lack of parking. But the documents that we have indicate that each unit will have a garage with two parking spaces in it. Could you address that? And if that is inaccurate, would 30 you correct that? If that is accurate, would you affirm that? Because that may take away some of the concerns that the residents have about parking and the availability of it for the residents. Thank you. Ms. Pimentel: Yes. Thanks, Commissioner. It is accurate that there will be two allotted spaces beneath each unit in the garage. Mr. Spears: On the plans, the original plans submitted, it did show a two-car garage, but it did not in any verbiage specifically say there were two parking spaces. So, I think, uh, probably it was missed when there was a review of the original documents by - that was out on the website. Ms. Nogami-Streufert: And you are having sewer, you are going to be attached to a County sewer systems, that is part of, that’s (inaudible). Mr. Spears: Yes. As a matter of fact, there is a what they call a lateral a stub out that was already into the property. We will not even have to go into the county road. So, the sewer was already there waiting for us. The water meters are approved and, of course, the zoning is appropriate for the area. Ms. Nogami-Streufert: That was just to clarify for the people who may not have gotten the information. Thank you. I do think that Habitat for Humanity (inaudible) so we’re going to hear both sides but I want to make sure that I repeat this, the neighborhood is aware of some of the kinds of details that they may not have known prior to this and so I wanted to get that information. So, thank you very much. Chair Apisa: Glenda, I am not sure, your speaker has been in and out. I think we could hear you but it was in and out a couple times. Ms. Nogami-Streufert: That is probably for the better. Thank you. But if you haven’t heard anything that I’m saying and if you need more information on what I was saying, I will be more than happy to do that. But essentially, all I was doing was to ask the Habitat for Humanity to clarify some of the - some of the issues or to clarify their perspective of what the neighbors are seeing as some of the issues. Because we did get information on a lot of this but it may not have gotten out to the public, but I wanted to make sure that their concerns have been met or at least are met. So, thank you very much for the information. And ready to go. Chair Apisa: Thank you. I do have a question, is there any additional guest parking or just onsite parking beyond the garage? Mr. Spears: Yeah, currently there no additional guest parking, but we actually have come up with a design or actually make the buildings a little bit skinnier so there’ll be less lot coverage. And it’s very possible that there could be possibly two guest parking spaces put in if we reduce the size of the units a little bit, which is currently on there, the plot plan does not reflect, um, a little bit smaller unit size. Romio you did quote the proper square footage but actually that the plot plan originally is a 24-foot-wide building and actually the buildings are now 22-foot wide for the three-bedroom and 21-foot wide for the two. So, it’s very possible we could add an 31 additional one or two guest parking spaces. Right where the key of the road comes in, so it’d be like driving straight in, between the buildings could be spread out farther if that is - I’m sure that would be acceptable to the Planning Department. But that - after the concerns about that, I looked at the planning today and thought it has possible that we could add those if appropriate since that’s such a concern. Chair Apisa: Thank you. Commissioners, any other questions for the applicant? Ms. Cox: Yes, I have a question but I do not know if it is really even just for the applicant. But, we did get supplemental information from Ruby Patt recommending that the habitable buildings be raised because of sea level rise. I am just wondering, first of all, if Habitat got that information and secondly, the County’s response to that. Mr. Idica: On this particular site it is, has a potential for impact for high-wave annual run-up but it’s located about south - southwest of the property and the development itself is not in the sea rise - sea level rise exposure area. But in order to again, mitigate this potential impacts, we are asking for the consideration of the applicant to maybe raise it up a little bit more than what is the recommend to building code. Ms. Cox: Thank you. And Habitat, were you aware? Mr. Spears: I was not, we originally made the buildings two-story so that we can have one, parking underneath and two, to actually have it elevated. And we do have one room. Uh, basically there’s some building down below but that could be raised up to where there’s going to be area. But basically, as it was stated, the three and a half years, even the high wave really does not, connect to the buildings. Even the sea level rise, it’s not really an issue. Ms. Cox: Yeah. I understand. I am cautious only because every time new recommendations or new information comes in, we seem to be speeding up the process with sea level rise and high waves. And so, that’s why it’s worth talking about and probably worth trying to do what we can when we build new buildings to mitigate that. Mr. Spears: Yes. Yes. Mr. Hull: Yeah. And Commissioner Cox and to the applicant unit. So, just to highlight on Romio’s statements, right, when we made a thorough assessment in the beginning of the application when we received it. That way we determined indeed it’s out of projected sea level rise impact areas which we felt was appropriate and then therefore good. With sea grab was just kind of raising up in their comments to the application is just - even given that they’re outside of it just - and just because of its proximity to the coastline saying that the applicant should consider looking at possibly raising that one portion of the structure that is on grade. And without any further data, it’s hard for us to recommend to the Commission to mandate a raising up because then what is it? Is it one foot, is it two feet, is it four feet? But in our recommendation to you folks, we do feel it’s appropriate for the applicant to strongly consider outside of this application to going further to raise that one structure a bit higher. But that’s just as far as we’re willing to go given the data that we have. 32 Ms. Cox: Thank you. Ms. Pimentel: Stephen can address more on this issue, if that’s all right. Mr. Spears: Given that, we had actually looked at that and decided even back in the beginning that we have looked at ways to raise up the bottom floor possibly. We have looked at the engineering of it so far. We have not - that is not part of the plan that was submitted but that would be something that, we are way from the height limit, I believe. We are 24 feet and I thought I read somewhere it’s almost 40 feet in that area. To me, that’s a very high rise. And so, we could raise one or two feet which is very possible because we’ve looked to the long-term benefit of the families so we’re not there to build and leave and cash in. We are not the cash-in model. We’re the ones looking for 80 years from now what’s it’s like (inaudible) that’s already been - we’re investigating that further. Yes. Ms. Pimentel: Thanks, Stephen. Mr. Spears: Yes. Ms. Nogami-Streufert: There is one more concern that I have and it came from the Fire Department. And, when you’re looking at the margin bases, would you please be sure that access for emergency vehicles, because as we start putting more spaces for guest parking then you may decrease the amount of space for maneuvering of the emergency vehicles. We know that tight space like this, you might want to be aware that those kind of things have been happening. Mr. Spears: Yes. I think it was the same. I do not believe that they recognized that there was parking underneath the buildings because there, the best are, on the plans that were submitted, there is no place for parking that would impede the Fire Departments. No, there’s no— Ms. Nogami-Streufert: Right. Mr. Spears: ...in the plan, there’s no plan for people to park there where it would impede it. Ms. Nogami Streufert: And I think that was part of the problem, the neighbors, they did not see where the parking was (inaudible). Mr. Spears: Yes. That was, it was not clear, it was clearly stated in one place but it was not verbally, you know, summarized, it was not verbally summarized the number of parking spaces. It was in the Planning Report but not in our original report. Yes. Ms. Cox: I have one other, that’s it, I don’t want to confuse it because I don’t think this is Habitat’s responsibility at all. But we heard a lot of concern about the egress and ingress on Wana Road. So, this is really more for the Planning Department. And I know even you don’t have that, you know, I was just wondering, are there any, is there anything that the, concerns that the neighbors have about that, the congestion? Is there anything we should be saying to them that 33 helps mitigate this? And, again, I don’t think this is Habitat’s kuliana at all. But it came up again and again and again so— Mr. Hull: In fact, Ms. Cox, the application, we generally rely on either our County Engineers or, in certain scenarios, the Department of Transportation engineers to assess the need for improvements, to assess the need for a traffic impact analysis report, and so, the application was referred to both the County Engineering Agency as well as the State Department of Transportation. And both did not feel that for either the impacts to that local road or to the impacts to the State Highways that a TIAR was necessary or further improvements were necessary. Ms. Cox: Okay. And, again, I would say that this is not, I don’t think it’s the 17 units that are the problem. The problem is there already is congestion, we all know that, and it is interesting that I mean, I totally agree that the impact of Habitat should not be considered here. However, the congestion that the neighbors are reporting not on the small road but on Kauai highway is real. So, I want to acknowledge that. Mr. Hull: Yeah. And obviously, I think, you know, our review of it as well as the Department of Transportation as well as public parks with their no comment on that particular issue. You know, it was our determination that in complete agreement in Commissioner Cox, there is significant traffic congestion on that highway. The amount of vehicular traffic that this particular project is going to create is negligible small on them, minimal at that. So, looking at that as a reason to deny the application, the Department did not agree. Ms. Cox: And I totally agree. And I also think that the placement of this is absolutely right because of the ability to bike, walk, you know, get to places for jobs and for groceries and for things like that. So, I agree, it’s going to have minimal impact. And those, as pointed out by a number of the people who testified, these folks already live in the community. Their cars are already there. They might not be right in that neighborhood but they are there already so we are not talking about adding things. Chair Apisa: Thank you very much. Are there any further questions? Mr. Ako: I have a question, Chair Apisa, if I can ask. Chair Apisa: Please. Yes, please. Mr. Ako: Oh, wait no, sorry. Yeah. You know, first of all, I think I’d like to just congratulate you guys for the respect that the community has for you folks because I don’t think anybody really is doubting the worth of the project itself and the worth of the work that you have done in the past. And I think, yeah, I think some of the questions that come up has to do with I think one communicating, they didn’t feel they had the right information, and they didn’t feel like they had the information on time, that density was an issue out there, too. And I think it’s clear, they wouldn’t get impacted by, I guess, the question is how much, I think they’re impacted by and then worth of housing that’s out there. But I think - my question is, how did you communicate this with the, I guess, the residents of the Kailani - Kauai Kailani estate and, I don’t know, 34 whether there’s room for talks - more talks starting with them to kind of ease some of the concerns that they have. Yeah. I think that will be my question to, I don’t know, the applicant. Mr. Spears: So, I guess, in the process with the SMA, we followed - there is certain rules as far as timing, as far as sending stuff out. As a matter of fact, I think we sent out items 10 days before they’re required, so we did not stall and put it out at the last minute. But the thing with this process is that we are not asking for any exemptions, the land is already zoned. It’s the appropriate land use. And so, I think, often, there - if we have all these other circumstances, if we were trying to build in an area that was not zoned asking for exemptions, then I think the time periods are longer. But I don’t really know because we just met all of the needs. As a matter of fact, we exceeded them. So we followed the procedures. There’s nothing - there was nothing special to look at here other than the SMA process and we - and we followed that. You got something to add to that, Doug. Mr. Ako: I was just wondering whether you saw that any other possibility that, you know, of the concerns that they have could be mitigated. Mr. Haigh: This is Doug Haigh. And I’ll speak for my experience of working with the partner associations, with projects, even non-controversial projects like bike paths. And those organizations are a challenge because it’s a diverse group of people making up the organization. And there’s - typically, I find there’s different points of view within those organizations. And so, you talk with one, you come to agreement, and then, things change. And I don’t think there’s really an opportunity for Habitat to convince them. And I don’t see further intimate discussion with the condominium would address their issues. You know, they would much rather have millionaires moving into that property than working class Kauai people. And the traffic issues, you know, that’s always a Kapa’a issue. Our density compared to their density, you know, it’s kind of funny that they are using that as an argument when they’re so much more dense. They are having problems with the beach in front of them because of actions they have taken. So, I’m sorry, I’m being defensive, but I just don’t see that there’s really an opportunity to have them come on board and give public support for the project. Mr. Ako: Okay. Thank you. Chair Apisa: Are there any further comments or questions? Commissioners? Okay. I think we are ready for the conclusion or recommendation from our planner. Mr. Idica: Thank you. Based on the foregoing Evaluation and Conclusion, it is hereby recommended Special Management Area use permit SMA (U)-2021-8 to be approved with the Conditions of approval stated within the director’s report. Thank you. Chair Apisa: Any final questions or comments from the commissioners or are we ready to make a vote. Mr. Hull: I’ll also add just for clarification, that the Department’s Recommendation includes a supplemental amended or I should say updated additional Conditions of approval concerning notification of tenants of possible hazards in the area and consideration to the elevation. 35 Mr. Idica: Thank you, Kaaina. Chair Apisa: I move to approve the Special Management Area use permit SMA (U)-2021-8 as amended with amended conditions. Ms. Cox: I second that motion. Chair Apisa: Thank you. We have a motion on the floor. Do we have all in favor in support of this Use Permit? Mr. Hull: Madam Chair, you might want to ask for any last discussion points. Chair Apisa: Yes, Thank you. Are there any last discussion points that anyone would like to make? There usually are none, but I know it’s a step I shouldn’t commit. Thank you. Okay. Hearing none, are we ready for the vote? I would like to take a roll call. Mr. Hull: We will roll call, Madam Chair. For motion to approve as recommended, Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner Cox? Ms. Cox: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Chair Apisa? Chair Apisa: Aye. Mr. Hull: Motion passes, Madam Chair. 7:0. 36 Continued Public Hearing Proposed Amendment to the “Interpretive Administrative Zoning Rules and Regulations (2014) of the Kauai Planning Commission,” Relating to Chapters 8, 9, and 10 of the Kauai County Code (1987), Relating to Development Standards for Guest Houses = Kauai Planning Department. [Director’s Report received, hearing continued 3/9/2021, hearing continued 4/13/2021.] Mr. Hull: Moving on to the next agenda item, we have Agenda Item three, Continued Public Hearing for proposed amendment to the interpretative administrative zoning rules and regulations 2014 of the Kauai Planning Commission related to Chapters 8, 9, and 10 of the Kauai County code relating to development standards for guest houses. County Kauai Planning Department is the applicant. This is essentially the draft rule of the Department spun up somewhat in response to the recent or previous amendment to the guest house allowing kitchens in the guest houses now and some, you know, let’s say, areas of ambiguity that the Department has to function under to assess the 500 square foot maximum requirement for guest houses. Like I said, we did - with the small business - we asked for a deferral several months ago with the ticket to the Small Business Regulatory Review Board. Ultimately, it’s determined that this proposed draft rule - these proposed draft rules would not have any impact on small businesses. And so, we thought that - sorry, Commissioners, we thought we’d be ready for action today but it’s - with some administrative issues going on concerning how guest houses are attached to single family dwellings without having that option, there have been some issues recently brought to light about how we calculate the 500 square feet if there is an interior connection to an existing single-family dwelling. And so, I’m going to actually ask for another two-month deferral ultimately for this item to be moved to the September 14th Planning Commission agenda. We are here for any questions, concerns, input but ultimately, we are asking for a deferral on that. Chair Apisa: Thank you. Would we still hear - is there a planner? I mean, we can hear further, about it or we just go right with deferral? Mr. Hull: I kind of pinpoint on this particular project at this - at this point in time. So, you know, that was kind of my summary and synopsis of it. But if you guys have questions for me, I’m here for any questions or concerns. Chair Apisa: I guess, I would start it off with a question. Most guest houses that I’m - I should say all guest houses that I’m familiar with are detached single buildings. So, apparently, there are some that are attached, is that correct? Mr. Hull: So, I’ll say that’s some of the stuff that’s coming up at our internal discussions is that as a matter of course, the Department has, from an implementation standpoint, require all guest houses to be detached from the primary dwelling. And some challenges that we’ve met in the recent past of applicants wanting to actually attach them to a single-family dwelling. There’s actually no written rules or laws stating that they have to be detached. So, there’s practice that the Department has held for so - for close to, you know, 50 some odd years now is now being 37 challenged to a certain degree and there’s nothing actually to say that it should or shouldn’t be attached. And then, quite honestly, while there is some implementation gray areas of allowing it to be attached, I’ll say philosophically and tentatively the Department is - or at least I am, supportive of allowing it to be attached if it’s able to, say, reduce cost, right? Much of the guest house approach in the kitchens and the ability to use guest house for tenants is to address the housing crisis going on in Kauai right now. And it may not be, you know, as much to say a water meter or septic system but having shared wall construction can reduce cost. And so, we’re open to that. We are trying to figure out how we can actually implement it and provide clear rules in the draft rules to have builders or property owners follow. But that’s kind of where we are now, Madam Chair. Chair Apisa: Thank you. Question, would that then be considered a duplex? Mr. Hull: In - as a philosophical question, whether or not a quest house with a kitchen constitutes a dwelling unit, in form and function it definitely does - for legal density issues it doesn’t. So, you know (inaudible) but I’m not sure if we will officially label it a duplex. Chair Apisa: Okay. Thank you. Any other questions from the Commissioners? Comments? Hearing none, would someone like to make a motion on this matter? Mr. Hull: Sorry Madam Chair, just realizing that I kind of jumped right into there. If you would, you know, provide me just one minute to call for any public testimony being that this is still technically a public hearing. Chair Apisa: Yes, good point. Thank you. Mr. Hull: Thank you. Sorry. For members of the public that have called in, and nobody previously testified on the guest rules but if any member of the public has called in to testify on the draft interpretative administrative rules concerning guest houses and you’d like to testify now, please press star 62 to unmute your phone and state your name. Last call, if anybody, again, would like to testify on the administrative rules for guesthouses will please press star 62 to unmute your phone and state your name. Hearing none, Madam Chair, the Department will recommend deferring the public hearing to September 14, 2021. Chair Apisa: Commissioners. Any last questions or comments? Hearing none, would someone like to make a motion? Ms. Otsuka: I’d like to make a motion for applicant County of Kauai Planning Department regarding guest houses, I make a motion to allow a two-month deferral and move this to September 14, 2021 meeting. Ms. Cox: I second that motion. Chair Apisa: We have a first and a second. Any questions or comments on the motion? Okay. The motion is to defer County Chapters 8, 9, and 10, the County Code 1987 relating to development status for guesthouses to our September 14, 2021 meeting. All in favor? 38 Ms. Cox: Aye. Mr. Ako: Aye. Chair Apisa: Roll call - maybe a (inaudible), Kaaina. Mr. Hull: Definitely. Well— Ms. Nogami Streufert: Before we - can I - is this to continue the public hearing or is this consideration of the (inaudible)? Mr. Hull: Thank you, Commissioner Streufert. So, for zoning permit entitlements where you have use permits or SMA permits, the agency hearing, and the consideration of the actual item are two separate agenda items. Where you have a quasi-judicial situation like you do have now with either draft administrative rules or zoning amendments, the public hearing and the actual policy itself are one and the same agenda item. So, the motion to defer the public hearing also defers the, um - sorry - also defers the overall consideration of it - and Jodi is whispering in my ear - it’s quasi legislative when you’re looking at the policies and quasi-judicial when you’re looking at the permits. Ms. Nogami-Streufert: Okay. Thank you. Chair Apisa: Are there any other questions or comments before we go to vote? Ms. Nogami-Streufert: Nothing. Chair Apisa: Roll call, please, Kaaina. Mr. Hull: Oh, sorry. Roll call. Motion to defer, Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner Cox? Ms. Cox: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Aye. Mr. Hull: Commissioner Otsuka? 39 Ms. Otsuka: Aye. Mr. Hull: Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Chair Apisa? Chair Apisa: Aye. Mr. Hull: Motion to defer passes, Madam Chair. 7:0. Chair Apisa: Thank you. New Public Hearing ZA-2021-2: A bill (2822) for an ordinance amending Chapter 8, Kauai County code 1987, as amended, relating to Transient Accommodations. The proposal amends various articles of the Comprehensive Zoning Ordinance (CZO) relating to transient accommodations = Kauai County Council. Mr. Hull: Moving on to the next agenda item, zoning amendment 2021-2 for an ordinance amending Chapter 8, County of Kauai code 1987, as amended relating to Transient Accommodations . The proposal amends various articles of the comprehensive zoning ordinance related to transient accommodations and the applicant is the Kauai County Council. Before I turn it over to Marisa being that this is also a public hearing technically, for those members of the public that have called in, if you have not previously testified on this zoning amendment but would like to testify on the zoning amendment concerning transient accommodation, please unmute your phone by pressing star 62 and state your name. Again, if anybody that has called in as a member of the public that has not previously testified on the zoning amendment for transient accommodations and the chapter eight Kauai County Code and you’d like to testify at this time, please unmute your phone by pressing star 62 and state your name. With that, I’ll turn the rest of the presentation over to Marisa Valenciano who’s our planner assigned to this particular item. Thanks, Marisa. Staff Planner Marisa Valenciano: Good afternoon, Madam Chair and members of the Commission. I will go ahead and present a summarized version of my Director’s Report. Ms. Valenciano read the Project Description and Use, Additional Findings, and Preliminary Evaluation sections of the Director’s Report for the record (on file with the Planning Department). Ms. Valenciano: The action before you is consideration of an ordinance to amend Chapter 8 of the Kauai County Code 1987 as amended relating to transient accommodations. The applicant is the Kauai County Council, and a zoning amendment is triggered for changing the text in the 40 existing code. To the description of the amendment, the proposed legislation amends portions of the Kauai County Code by addressing the following. First, it updates the definitions of undeveloped campgrounds and developed campgrounds to further distinguish the difference between the two uses. Second, it amends the use table to prohibit the use of developed campgrounds in the open zoning district and the agriculture zoning district. Third, it amends the use table to outright permits, develop campgrounds in the resort zoning district and the general commercial zoning district. And finally, it adds new language to clarify that developed campgrounds are prohibited in the open agriculture and resident zoning districts. It should be noted that the proposed legislation attached as Exhibit A of the Director’s Report represents the Planning Department’s version of the original draft that was submitted by the County Council. In the Director’s Report, there is a table that shows the comparison between the existing comprehensive zoning ordinance and the proposed changes in the Council and the Department’s draft bill. The only major difference between the Department and the Council version is that the Department version does not amend Section E-17 related to time sharing and transient vacation rentals as this section will be addressed in a future draft bill. Under amendment justification, the primary function of the draft bill is to prohibit developed campgrounds in the open and agricultural zoning districts, restricting transient accommodation uses in these areas will further preserve open spaces and scenic corridors, which contribute to our island’s natural beauty. The secondary function of the draft bill is to allow developed campgrounds in the resort and general commercial zoning districts where transient accommodation uses are appropriate and outright permitted uses. In evaluating the proposed amendment, the following aspects should be taken into consideration. The proposed request is to be evaluated pursuant to Section 8-3.4D of the Kauai County Code. In considering an amendment, the Planning Commission shall consider the purposes of the existing and the proposed changes to the zoning ordinates. A change in the zoning map or text shall not be made unless the change will further the public necessity and convenience and the general welfare. The proposed legislation before you will promote the public necessity and convenience and the general welfare by managing growth and preserving growth areas. In terms of the general plan, the proposed bill is in alignment with the following goals and policies of the (inaudible) upon which emphasize the protection and preservation of Kauai’s natural beauty. In the May Director’s Report I outline that the proposed legislation meets the goal - number one of unique and beautiful place, policy number one manage growth to preserve rural character, policy 8 of protecting Kauai scenic beauty, and policy 11 helping agricultural lands be productive. As set forth in the general plan, the protection of open space and scenic view corridors is what makes Kauai a unique and beautiful place to live and to visit. Therefore, growth must be managed to preserve our rural character. Although developed campgrounds are currently allowed in the open and agriculture zoning districts, such uses are no longer appropriate in these areas and better directed in urban areas such as in the resort and the commercial general zoning districts. This proposed bill will allow developed campgrounds to be consistent with transient accommodations, which are uses that are allowed within the resort and commercial general zoning districts. As mentioned earlier, in contrast to the County Council draft bill, the 41 Department’s draft bill focuses only on the campground aspects and does not address the transient vacation rental sections, which require further assessment and analysis. The administration intends to work with the County Council on possible further vacation rental modifications in the future. So this concludes my summary of the Director’s Report and before we go into questions, I would like to turn it over the Planning Director to provide more contexts on the Planning Department’s recommendation. Mr. Hull: Thanks, Marisa. Yeah, so I think before the deliberations occur or if you have further questions, I’d also like to just frame this discussion a bit with some context. I think, you know, the policy before you vote is an island-wide policy that is looking at whether or not transient accommodations particularly as they are proposed in the campground fashion, be permissible or prohibited on either, the agricultural and open zoning districts. The elephant in the room, of course, and was spoken to somewhat definitely during the public testimonies, this is being introduced in the shadow of a proposal in Princeville to have a developed campground on - within the open zoning district. Albeit, the open zoning district within the visitor destination are but the open zoning district. And so, our analysis, our assessment is done on an island-wide approach. We’re not doing it as, you know, as it pertains specifically to a particular application that may come before you folks at a future date. I can say this that if there is - we ultimately are asking for deferral because, one, the original proposal had also to do with vacation rentals. Not just campground but vacation rentals in the open and agricultural district. And we are recommending amendment toward that because we think it’s appropriate that if the primary thrust of this bill is developed campgrounds, we should not be addressing transient vacation rentals in the open or ag districts at this time. Not that it should be at later time, it’s just there are vacation rentals in the open zoning district - visitor destination area (2A). And so, we also use this bill to prohibit those types of uses. Quite honestly, this bill is going to get stuck here for some time because we’re going to have to figure out how you implement a non-confirming new certificate program for the open VDA district much in the way that the average certificate program currently are occurring. And that does take a lot of resources, time, and commitment. I mentioned this to the introducers of this bill and they seem to have no objection because they did convey that their primary thoughts is concerning developed campgrounds. So that’s one of the main reasons we’re asking for a deferral is, one, to thoroughly vet and further vet this vacation rental industry issue. But then secondly to, I think, Councilmember Cowden did speak particularly about ag and, you know, the ability to have certain farm uses occur. The Department will be looking at and adjusting that potential capacity as well because right now it’s recommending that the developed campground will be removed from the agriculture district in addition to the open district. So we’re just weighing how the ag can possibly be addressed in this proposal. I’m not sure if it can. I can honestly tell you folks that on average the Department gets four, five, developed campground applications or proposals, I should say, a year. And virtually, every single one of them, we have told, you can apply for these. The Department will not be supporting you unless you can demonstrate a strong nexus between your transient accommodation and agricultural cultivation and production. Virtually, every single one 42 has walked in the door has not been able to do it and has decided to decline on actually applying knowing that we’d be recommending denial on it. I can say - I’m not sure what the total input of this is, whether it was the application being proposed in Princeville, whether it was this bill, whether it’s just glamping, coming into the site zeitgeist of the tourism industry. I’m not sure. But over the past six months, we are receiving roughly four to five applications for glamping type proposals in the agricultural district. Right now, it is a storm of applications that are coming in. Virtually, all of them were giving the same - excuse me, were giving the same review and stating you can apply to get all your documents in order. But ultimately the Department will be recommending denial because these are all in the agriculture district and unless you can demonstrate a strong nexus between your transient accommodations of ag production, we’re not going to recommend it. So there have been coming in, a fair amount but then walking out. So, I do feel that there is a sense of urgency of having some action taken. But ultimately, we do need time to assess, work with both the transient accommodation industry, perhaps farmers, further review internally, work with our attorneys to really get the best bill that approaches no matter what policy concerning transient accommodations and/or campgrounds in the open zoning district and possibly agriculture district. And so, I’d like to last say before asking you guys for a discussion is there were - was a number of testimonies stating the Commission needs to act on this now to close the loophole if you will or the ability for the Princeville application to come in and, kind of, end it here to just preemptively shut that - shut that application down. I can say the Department has received a tentative application for that operation. It was ultimately not accepted because it was deemed incomplete and needed additional documentation. I can say the application that we received would only take a few more weeks really to update and get before the Planning Department where we would have to accept it. And, you know, whether you guys took action to send this up to Council today or you allowed us to have a little more time to work on it, it’s still going to take a minimum of two months of the Council to get reviewed before they can take action on it. So, for all intents and purposes, more than likely the Princeville glamping application, so to speak, glamping application that has been in the media for some time now, more than likely is going to get in before the Council is ever able to take action and prevent any allocation of that sort. So, I would strongly encourage the Commission not to treat this as a gun to your head to need to take action now. I think we definitely need additional time to further vet and further review the proposal on the table, but then maybe if you folks do feel that you do want to send this up to Council and it is - it is all meeting your level of appropriateness that, of course, we completely defer to that. But I just want to frame that the - regardless of this action by commission happening today or in two months, the application for the Princeville site is more than likely going to get submitted well ahead of time, or at least before Council’s able to take action. So I’ll leave you folks with those but, of course, Marisa and I here are absolutely here to take questions, concerns, issues, because we avail ourselves to that. Chair Apisa: Thank you. Questions or comments from the Commissioners? 43 Ms. Cox: One of the things we heard from a testimony - maybe because they knew of this issue, I don’t know, was asking for a moratorium. Could you speak to that option? Mr. Hull: Well, a moratorium has recently been proposed at Maui County on resort development. It’s not something that the Department has fully assessed or analyzed. There are definitely some Constitutional issues, the last version of a moratorium that Kauai passed was about - accommodations and the courts ultimately overturned that. So, I can’t speak specifically on moratorium, but if there is any interest or discussion along amongst - because that’s something you definitely have to pull Laura into and then, yes. Chair Apisa: Are there any further questions or comments? Mr. Ako: I have a question, Kaaina. Do you know if there is a moratorium that is being discussed or should be implemented, is that a Commission decision or is that a Departmental decision? Mr. Hull: It definitely, Commissioner Ako, it definitely could not be implemented unilaterally by the Department or by the administration. There will have to be some type of legislative action by the County Council or the electorate. Whether or not it could be initiated at the Planning Commission, being that the Planning Commission oversees development rights, I think there is a possibility of that but I would have to defer to Laura on that - on that aspect. Mr. Ako: Got it. Thank you. Ms. Laura Barzilai: Excuse me, Chair. It’s Laura, County Attorney’s Office. One of the issues here is that the Commission is not inherently imbued with the authority to enact a moratorium and could make a proposal that could come up to Council. But as Director Hull was saying, there are constitutional issues related to this particular matter, particularly since there is a pending application for the Department for the facility in Princeville and the moratorium is targeted and specifically asked to be addressed to the facility in Princeville. If, in fact, Commissioners wanted to pursue this in executive session, perhaps the Chair would like to entertain a motion on that after you ask additional questions and flush out more issues. Chair Apisa: Thank you. Mr. Hull: Thanks. And then - and let me just - as Laura pointed that out. Just want to clarify too, sometimes I can get ahead of myself and just for clarification sake, if what the bill you folks are reviewing right now is ultimately adopted, prohibiting developed campgrounds in the open zoning district is adopted then indeed - we couldn’t - the Planning Department Planning Commission would never entertain a proposal for that. But if an applicant submits, say an application for a developed campground, and currently they’re allowed to occur via use permit in the open zoning district, and the very next day the Council adopts a prohibition, that application is vested and then there was like - some of the members of the public made a statement, is vested under the old system and will have to be reviewed by the Planning Commission. The - and sorry if I did not explain that in totality earlier. It would vest the right for them to be reviewed under the existing system that allows them via use of permit, but that’s why I was just, kind of, trying 44 to point out is it’s going to take at least at a minimum two months for Council to take action on it. And in that timeframe, more than likely, I think we can anticipate an application - a complete application being submitted to the Department and therefore having to be processed by the Planning Commission. Ms. Nogami-Streufert: And if I understand that correctly, regardless of what - whether the Commission approves this or not, if an application comes in because we can’t - within the next two months or whatever timeframe, even if we were to approve this now, it wouldn’t have any effect anyway because it still has to go through a Council, correct? Mr. Hull: Correct. If - if the application - if the application and like I was saying, from the applications we have seen tentatively, they are going to get it in. Ms. Nogami-Streufert: But if we then approve this and it does not stand up to any kind of review then we end up with a situation where we have many contested cases. Mr. Hull: Well, my biggest concern, quite honestly - well, yes, Commissioner Streufert, it is - there can be a lot of conflict later on. My biggest concern is there is a lot of moving parts in this bill. If we send it up right now to the County Council and we get queries on various aspects of it and we don’t have the final answer for it today, but we have an answer that some Council members don’t agree with up in Council and they want to make amendments, what then happens is the County Attorney’s Office has to review whether or not those amendments are substantial in nature. And if they deem them substantial in nature, they send it back to the Planning Commission further delaying and deferring the process. Ms. Nogami-Streufert: It seems to me that if we have a deferral of two months then the Planning Department may have enough time to develop this more fully, so that it will withstand any kind of review. Is that correct? Mr. Hull: I would agree with that sentiment. It still has to go and be reviewed by the Council but I think it will stand any - I think right now there’s a strong possibility that one (inaudible) if we were to send it up today that the Department would have some, you know, objections later on. I cannot say what they are right now but will have some objections later on that could necessitate Council resending it back to Commission to re-review. Ms. Cox: So basically, I’m just trying to understand the timing, so if the idea would have been to not just prohibit this particular glamping proposal but any developed campground proposal without the due process. I mean, if it was just prohibited, this - that would have had to be asked for several months ago in order to have time to go through us and then through Council and hopefully not come back to us. Is that correct? Mr. Hull: In a way, Commissioner Cox, you know, the Department has always want - not always but in scenarios like this, this is not a lone case scenario where Council proposes a bill that addresses a particular controversial issue. But in the process of that policy being vetted, at the Planning Commission and up at Council, a whole bunch of applications come in and, in fact, because - part and parcel because the bill has been - a bill has been proposed to prohibit a 45 particular use, a bunch of applications start flooding in to try and get in under the old system. This is very emblematic of what happened with the vacation rental bill when the prohibition went into place. Hundreds or thousands went into the Planning Department when we looked at the homestay operations or bed-and-breakfasts when it was introduced to the Council to prohibit bed-and-breakfasts. Another rush of applicants came in and they were all vested for the most part before the bill could actually get enacted. So, this is very what - somewhat similar to that in the prohibition on glamping or should I say developed campgrounds in the ag and open district has stymied to a certain degree, a lot of applications coming in. In this scenario because almost all of them are in the agriculture district, we are able to say, we’re not going to recommend approval because of this nexus. And so, so far almost all of them have said, I’m not going down that path, with the exception at least that we’re aware of - of the Princeville application that we understand the application is still working on it and then to a certain degree we haven’t signaled to them that there are agriculture nexus because it’s not in the agriculture district. Mr. Ako: Kaaina, can you help me understand - I’m kind of getting lost now. What does it mean to tentatively approve and defer pending further analysis? And is there a timeframe in terms of when we defer to or that’s dependent upon your research? Mr. Hull: So, yeah, sorry, Commissioner Ako, perhaps using that the word tentative might a little bit confusing being that there is tentative action in subdivision. All I’m saying is that with our review of this zoning amendment, this policy, if you will, philosophically we’re in agreement with things that have arisen, possible lawsuits with vacation rentals in the open district particularly concerns in the agriculture district and how campgrounds may or may not be used. While we are philosophically in agreement with the way that the bill has been proposed, we’d just like additional time to fully iron out our final recommendation to you folks. And then where in land use entitlements like permits which Jodi will remind me are quasi-judicial actions by the Planning Commission, those do have hard and fast timelines because the applicant has their due process rights. They have the right to have somewhat of a judicious and somewhat expedient review by the policy or by the Planning Commission - you folks. While as a quasi-legislative action where it’s just essentially a policy change, a law change, there is no specific timeline. The Department does not want to drag this on because like I said we’re holding the door on a lot of applications we don’t feel are appropriate so we would like some type of action, but would like a little bit additional time to further vet out some of the issues. Chair Apisa: Kaaina, how much time do you think you need? Mr. Hull: The Department is asking for a deferral until September 14. I mean, and you know, I think - I’ll leave at that. I think there may be some Commissioners who may want to take action and this is just our recommendation if some of the Commissioners or the Commissioners as a whole feels, nope, you guys are in agreement, you guys are fine with our tentative recommendation and want to send it up to Council today that is a - that is a viable option for you folks. Ms. Cox: But Kaaina, you’re saying that even if we did that, it won’t get through Council in time to stop this and other - any other - I mean, you’ve got - you said there are a lots of other 46 people asking about this and maybe working on proposals for developed campgrounds. So it still doesn’t stop any developed campground proposals coming in under the wire, right? Mr. Hull: In theory, it could stop those that are still trying to find land and trying to, you know, establish a use agreement with landowners or what have you. In theory, it could stop those. And you know, not to speak completely bluntly, Commissioner Cox, I can’t look in the crystal ball and give you a guarantee. (Inaudible) stop the principal application from coming in and forcing their hand because it’s too quick of a time for them to get something in. I’m just saying, in my own expertise, with the application that was submitted that we did reject because we found it incomplete, it’s not going to take that much work, at least in our review of it, to get it at the level that is complete. And we don’t feel it would take two months, they have the ability to submit that. And that’s all I’m saying, is in my own professional expertise and having seen their draft, I don’t think it would, but I can’t guarantee that either. Mr. DeGracia: I have a quick question. If you could refresh my memory as far as when a complete application gets submitted, how long do we have until - to make a decision on it? Mr. Hull: You have… once it’s had its first agency hearing, you have 60 days to take action on that application. Unless the applicant waives the timeline for additional information to be provided or unless there is intervention which, in an intervention contested case situation, those hearings and that process can take anywhere from a year and a half to four or five years quite honestly. Mr. DeGracia: Thank you. Chair Apisa: Are there any further questions or comments? Hearing none, is anyone prepared to make some type of a motion? Ms. Nogami-Streufert: Okay, I’ll try it. I move to defer consideration of an ordinance amended in Chapter 8 Kauai County Code 1987, relating to transient accommodations to the September Planning Commission meeting. Ms. Otsuka: I second. Chair Apisa: Are there any further discussion on this matter? Hearing none, I believe we are ready for a vote. And Kaaina, again, please roll call. Mr. Hull: Yes, Madam Chair. Motion to defer to September 14, 2021. Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner Cox? Ms. Cox: Nay. Mr. Hull: Commissioner DeGracia? 47 Mr. DeGracia: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Aye. Mr. Hull: Commissioner Otsuka? Mr. Otsuka: Aye. Mr. Hull: Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Chair Apisa? Chair Apisa: Aye. Mr. Hull: The motion passes, Madam Chair. 6:1. Moving on, let me just ask the Chair and Commissioners. The temperature check. Did you guys want to - it’s 12:30 right now. There are two agenda items. One for a zoning amendment for Kauai Lagoons and one for a SMA permit extension. Did you guys want to take a 15-minute break, a lunch break, power through it? I just want to check with you folks and your patience; we really appreciate the time you guys give. So, whatever your discretion or pleasure may be. Chair Apisa: Well, my suggestion would be a 15-minute break. What would be the Commission’s pleasure? Mr. Otsuka: Fifteen-minute break works for me. Mr. DeGracia: Same here. Chair Apisa: (Inaudible) back in at 12:45, Kaaina? Mr. Hull: 12:45, Madam Chair. Chair Apisa: We will resume at 12:45. Mr. Hull: Thank you. See you soon, folks. The Commission recessed this portion of the meeting at 12:29 p.m. The Commission reconvened this portion of the meeting at 12:46 p.m. 48 Mr. Hull: It looks like Chair it is 12:46 pm, you want me to do roll call? Chair Apisa: Yes, please. Mr. Hull: Commissioner Chiba. Mr. Chiba: Here. Mr. Hull: Commissioner Cox. Ms. Cox: Here. Mr. Hull: Commissioner DeGracia. Mr. DeGracia: Here. Mr. Hull: Commissioner Streufert. Ms. Nogami Streufert: Here. Mr. Hull: Commissioner Otsuka. Ms. Otsuka: Here. Mr. Hull: Commissioner Ako. Mr. Ako: Here. Mr. Hull: Chair Apisa. Chair Apisa: Here. And if needed I can call the meeting back to order. Mr. Hull: So noted Madame Chair. Motion passes, Madame Chair. 7:0. New Public Hearing ZA-2021-3: Petition to Amend District Boundaries by Amending Zoning Ordinance No. PM-2009-394, As Amend, to reclassify approximately 16.8 acres of land, classified of approximately 14.2 acres of land currently situated within the County Zoning Residential District (R-2) into Residential District (R-4), and approximately 2.6 acres currently situated within the County Zoning Resort District (RR-10) into the Residential District (R-2). Parcel Location: at Kalapaki, Lihue, Kauai, Hawaii, further identified as Tax Map Keys (TMKs): (4) 3-5-001:027 (por.), 168 (por.) and 177 (por.), and 3-5-004:100 to 109 = Tower Kauai Lagoons Sub 1, LLC; 2014 Kauai Lagoons Golf LLC; Tower Kauai Lagoons Land, LLC; Tower Kauai Lagoons Sub 7. 49 1. Cultural Impact Evaluation of Two Portions, Totaling Approximately 400 Acres, of the Kauai Lagoons Resort Property, Kalapaki Ahupuaa, Lihue District, Kauai Island, TMK: (4)3-5-001:6, 27 por., 165, 168, & 173. 2. Director’s Report pertaining to this matter. Mr. Hull: Moving on to Agenda Item 4.b., New Public Hearing for Zoning Amendment for ZA-2021-3: Petition to Amend District Boundaries by Amending Zoning Ordinance No. PM- 2009-394, As Amend, to reclassify approximately 16.8 acres of land, classified of approximately 14.2 acres of land currently situated within the County Zoning Residential District (R-2) into Residential District (R-4), and approximately 2.6 acres currently situated within the County Zoning Resort District (RR-10) into the Residential District (R-2). Parcel Location: at Kalapaki, Lihue, Kauai, Hawaii, further identified as Tax Map Keys (TMKs): (4) 3-5-001:027 (por.), 168 (por.) and 177 (por.), and 3-5-004:100 to 109 = Tower Kauai Lagoons Sub 1, LLC; 2014 Kauai Lagoons Golf LLC; Tower Kauai Lagoons Land, LLC; Tower Kauai Lagoons Sub 7. Before I turn it over to Jodi who is our planner for this project, I would just like to ask if there are any members of the public that have called in and have not testified on this agenda item that would like to testify on the Kauai Lagoons Zoning Amendment. If so, please unmute your phone by pressing star 62 and state your name. Again, last call, if anybody from the public that has called in that has not testified on this agenda item or would like to testify on the Kauai Lagoons Zoning Amendment. Please unmute your phones by pressing star 62 and state your name. Hearing none. I will turn this over to for Jodi’s Report on this quasi-legislative action. Deputy Planning Director Jodi Higuchi Sayegusa: Thank you. I will just if you may give a brief overview of the project and then I will pause after that for the rest of the Report. So this petition involves a proposal to amend the County Zoning for three (3) parcels within the overall resort property, which is also known as the Kauai Lagoons Resort Development. Two (2) parcels identified as division one (1) and one (1.a) totally approximately 14.2 acres. They are both currently in the County Residential R-2 district and are now proposed for the Residential R-4 district. The remaining parcel is referred to as Lot-C that is about 2.6 acres. Lot-C is currently in the County Resort RR-10 district and is now proposed to down zoned to the Residential R-2 district. Ms. Higuchi Sayegusa read the Project Description and Use, Additional Findings, and Preliminary Evaluation sections of the Director’s Report for the record (on file with the Planning Department). Ms. Higuchi Sayegusa: The subdivision one (1) and one (1.a) area will be developed into forty- two (42) single-family residential units. No dwelling units are planned for Lot-C 10-C. All three (3) parcels within the visitor destination area the proposal is subject to all twenty-five (25) Conditions that were previously imposed by Ordinance No. PM-2006-383 as amended by PM- 2009-394, including the overall density cap of 775 dwelling units that governs the resort property. The proposed forty-two (42) single-family residential units will not cause the density to be surpassed, the density cap to be surpassed and no additional dwelling units nor guest cottages will permitted and compliance previously incorporated conditions 24.b of the Ordinance. In addition, the reassignment of density will allocate the (inaudible) to areas orally 50 designated for development based on previous permit approvals and entitlements and thereby preserve on undeveloped open spaced areas throughout the resort. I would like to not that in addition to the Directors Report, which submitted a Draft Ordinance and the 2005 Cultural Impact Assessment submitted along with the packets. A Supplemental No. 1 Director’s Report provided with an updated Draft Ordinance and an updated Cultural Impact Assessment pertaining to this petition area. I am going to pause now for any questions from myself and to allow the applicant an opportunity to speak on the proposal. Chair Apisa: Is the Applicant present? Mr. Michael Belles: Good afternoon Madame Chair Apisa, this is Mike Belles for the record speaking on behalf of the applicant. Can you hear me all right? Chair Apisa: Yes, thank you Mike. Aloha. Mr. Belles: As you can see for our team Hokuala, there are three of us sitting in this conference room here in one of the construction trailers on site. Sitting across from me is Rebecca Candilasa, she is Senior Planner with Wilson Okamoto and Associates, and she is one principally responsible for putting together the rather hefty application that we have in front of us a very thorough application. Better her than me, and doing it, I really appreciate that. And sitting behind me to my right is Mr. Gary Syracuse he is the Director of construction of Hokuala Resorts. so he has the long cooperate memory and history of this development not dating back to 1960when Kauai Surf was first built here and begun operations but he has been here for easily a decade and is very intimately familiar with all that has happened in time. Before I turn it over to Rebecca to provide a brief overview and supplement to what has already been report by Ms. Higuchi in her very thorough and complete Director’s Report and Supplement. I do want add a collective thanks to the Planning Director Mr. Hull, Deputy Planning Director Ms. Higuchi, as well as the staff. Because prior to filing, we did have the opportunity to have a pre-filing consultation with them and at that time. They gave us many good ideas of how to modify our obligation and things to consider in finalizing the application that would be more responsive to concerns that have been of issue to the Planning Commission in similar applications that you have been looking at in recent past that we might not otherwise have been aware. So thanks to them for what‘s best in our report, we have them to thank for it and the problem parts I will take responsibility for that. So thank you all for help, support, and consideration as always. The other issue is that we are looking at a project that is almost sixty years old, and when we look at how it begun, in the beginning and I am using biblical terms. You had Kauai Surf in 1960; in 1987, you had the (inaudible) Westin Project with the lagoons, and staircases that went down the second ten story tower that accommodated the original Kauai Surf Hotel, where I remember many of our youth coming from schools to ride up and down an escalator because it was a first of its kind on Kauai. So it was groundbreaking in many ways in terms of being a resort here on Kauai. Then we have Kauai Marriott taking over in 1995, and most recently with Hokuala (inaudible) Towers, (inaudible) Timbers its gone by many names but most generally known as the Kauai Lagoons Project, which is roughly 560 acres of resort property. 51 And of that, what we are talking about today, is 16.8 acres and the reason that is important is because two (2) of the parcels as Ms. Higuchi has already reported, they are zoned residential R- 2 and we are looking to up zone them to R-4. It is kind of a tradeoff to maintain a balance we are proposing down zoning on the RR-10 parcel, which would allow 52 units and we are dropping it down to the maximum it could be developed at as a residential property that would be five (5) units, as Ms. Higuchi reported. There is no intention of developing that property now. Which does not mean it may be the case in the future where they may not look at the property but it would clearly be a residential type of density not a resort type of density. The other thing, I’d like to thank the Planning Department for is suggesting that we provide for you and this was included in first Supplement today, the Entitlements Overview of Chronology of Events, because it helps summarize for all of you going back to 2002, what has happened on this property because a lot has happened and turned (inaudible). Federal Plan Amendments, Zoning Amendments, Zoning Permits, SMA Permits, and the like. I was originally involved in the 2005 permits that really established most of the designations we see on the property today. So I do have some historically background and association with the property in addition to Mr. Siracusa. But what I would like to ask is if the Commission would indulge us as to allow for Rebecca to give her overview on her report and then at the conclusion of that if there are any questions, it could basically be a free for all with anything with any one of the three of us in responding to any questions the Commission may have. If there are no questions for me, I will simply turn it over to Rebecca for an overview above and beyond what Ms. Higuchi presented in her Director’s Report and Supplemental Report. Thank you. Chair Apisa: Thank you very much Mike. Any Commissioners have any questions so far. I think we are ready to hear from Rebecca and then we may have questions. It was a very good historical overview. Thank you. Mr. Belles: I am very old and very historic so pretty much, what few cell I have left I can recall. Ms. Rebecca Cadilasa: Thank you Mike, thank you Chair, thank you of course, Commissioners for your time today and for the opportunity to speak. As Mike had mentioned I will be going over the application and the action before you today. What we did have before you is a petition for a Zoning Amendment to re-classify the zoning designation of approximately 16.8 acres located within the resort area. So these 16.8 acres is comprised of the 14.2 acres currently designated as residential district R-2. Also, 2.6 acres I think there is a slight correction, and I am not sure if it was in Kaaina’s intro or Ms. Higuchi’s intro but it’s actually 2.6 acres located within the RR-10 resort district that we are also looking to reclassify and that would be down to a residential district R-2. So located within the currently zoned R-2 district are the proposed sites for subdivision No. 1 and subdivision 1.a, which were previously approved for 19 single-family residences under prior land use approvals and entitlement for Hokuala Resort. What we are no proposing is to amend the zoning district boundaries of the R-2 residential district to an R-4 residential district that will allow an additional twenty-three (23) additional dwelling units to be developed at subdivision 1 and subdivision 1.a or (inaudible). I would like to emphasis respectfully that these twenty-three (23) dwelling units are units that have been re-assigned from other approved 52 developments within the Hokuala Resort that are made available because other previous developments or planning developments are expected to be developed at lower densities. And more importantly, the re-assignment of this density will have no effect the on the currently approved density cap of 772 dwelling or hotel units. Therefore, no increase in the overall will be required…is being proposed with this action. As mentioned, there is also a proposal to re-classify 2.6 acres currently within RR-10 resort district under this action this area, I will refer to as Lot-10.c , would be down zoned to a R-2 residential district and although no units or proposed to be developed at Lot-10.c at this time. The down zoning would allow under this…would allow density under the CZO…sorry, let me start over. With the down zone, the density under the CZO would drop from fifty- two (52) down to five (5). And so, it is quite a significant decrease, and the intent is to ensure that there is an appropriate balance of development within the resort and ensuring that is maintained. The design and construction of subdivisions 1 and subdivision 1.a, would be undertaken with compliance with the comprehensive zoning ordinance as well as the Conditions of approvals and also pursuant to the design guidelines that are included as “Exhibit “K” in our application. There are no significant impacts on the availability or the adequacies of public service and facilities anticipated and that is simply because we are looking at a reassignment of density as opposed to additional density. We are looking at just to relocate from one area of the resort to this area of the resort, is basically what we are doing. The impacts of development overall, for the master plan has been accounted for in existing technical studies and the applicant continues to coordinate with the appropriate agencies regarding any updates and improvements that maybe required of the resort. And with that I will pass it over to Mike. Do you have any closing statements? Mr. Belles: No. That would do it. That is the conclusion of our presentation, and we don’t want to exhaust you beyond what you already been through this morning four (4) hours straight with very few breaks. Again, the three of us are available to use our collective background of experiences of knowledge to respond to any questions that any of you may have. Chair Apisa: Thank you. I open it up to the Commissioners for any questions or comments. Ms. Nogami Streufert: Yes, I have a couple of questions here. You are proposing 42 new units in subdivision 1 and 1.a, and you are taking that out of…if I look at your chart on table 1, from the hotel villas, you are decreasing it eighteen (18), you are increasing (inaudible) Ninini Point has had to go down twelve (12), Boutique Hotel is going to go down twenty-eight (28). It appears you are spreading more into the open area as opposed to having a more condensed density like the Boutique Hotel or Hotel Villas is that correct. Ms. Cadilasa: I would say that the areas proposed to accommodate this additional density where already approved for development and we are not proposing an increase in the size of those particular developments. So in that sense we are not expanding into open areas. Mr. Belles: Well I may be able to expand a little bit. We are basically, retaining within the boundaries of the existing to sub divided parcels one of which one already has final subdivision 53 approval. We would be changing them from on-half acre parcels what is allowed right now to one-quarter acre parcels, and I think you have seen as one exhibit in your application, an conceptual site plan overall development of the property. But the intent is not to expand beyond the existing residential zoned property, it is just increasing the density from R-2 to R-4. Ms. Nogami Streufert: Okay, so I am looking at map on…from the Director’s Report and (inaudible), map 3 ZA-2009-(inaudible). Ms. Cadilasa: Map 3. A, is that correct? Ms. Nogami Streufert: Mine has map 3, existing and proposed zoning it is for 2009, revised September 2, 2009. Do you see that? I am sorry; this is a little tough to do this over Zoom. Mr. Belles: It is, I mean this is labor intensive in terms of level of documentation and the number of exhibits, so no need to apologize it’s just the nature of this application and again, trying to capture the history of it as much as possible so it is intelligible, but at the same token it is a little complicated. Ms. Nogami Streufert: Well on this (inaudible) subdivision five (5) and six (6). Ms. Cadilasa: I think you might be referring to— Mr. Belles: Are you referring to the advocation? I am sorry, Commissioner, or are you referring to the supplement that was prepared by the Planning Director’s Office. Ms. Nogami Streufert: I am looking at the Director’s Report and the proposed ordinance, the proposed ordinance. Ms. Higuchi Sayegusa: All right, I think it is within Exhibit “A” in the proposed bill. There are two maps in between the ordinance (inaudible) text and the (inaudible) and bounds attachment A. So those are the zoning amendments ZA-2021-3, revised map three (3)— Mr. Belles: (Inaudible) Ms. Higuchi Sayegusa: (Inaudible) map for the ZA-2009-10 map. Mr. Belles: (Inaudible) I see what you are pointing to now and those simply reflect what maps were attached to the 2009 Ordinances. Ms. Cadilasa: Correct. Ms. Nogami Streufert: But then my question is what happened to subdivision 5 and subdivision 6? Ms. Cadilasa: Those received approval to be zoned as R-2. 54 Ms. Nogami Streufert: Correct. Ms. Cadilasa: They are zoning ordinance PM-2009-394. Ms. Nogami Streufert: Correct. But the questions what happened? Is that still going to be built out? Because that went to (inaudible) R-2. My concern is with open space right now so. Mr. Belles: I will turn it over to Mr. Siracusa and he can respond to that. Mr. Gary Siracusa: Yes, Commissioner, you are correct these zoning. They went to R-2 a number of years ago, and that was under the previous developer and they were never developed. (Inaudible)— Ms. Nogami Streufert: Is there…I am sorry, go ahead. Mr. Siracusa: It was part of the contribution of the 138 acres to the County on the eastside of the Airport back in the day. There was an additional twenty-two (22) units of density the developer received, and they identified those areas at the time. Then, subsequent to that, they looked at other areas that they preferred to develop and again, never proceeded with them to complete them as subdivisions and submit them for appropriate actions. So they are sitting there as remnant R-2 pieces parcels a couple of them out there called the North 40, and another one which is the existing 7th hole at the golf course, or active golf course. Ms. Nogami Streufert: (Inaudible). Mr. Siracusa: Sorry? Ms. Nogami Streufert: Are there any plans for those two? Mr. Siracusa: No, we do not have any plans for those two. And they are not reflected on that current table that you were referencing table 1, that is included in our application. Ms. Nogami Streufert: Right and that is why I was wondering how that matched with your application vs what it was that was actually done— Mr. Siracusa: Good question. I can understand the confusion out of looking at the various actions over all the years going back to the Kauai Lagoons days. Mr. Belles: And typically, what happens is that, periodically, my client will sit down with Planning Department staff and with Wilson Okamoto Associates and they will go over the Land Use Plans and make adjustments to the table that Rebecca referred to earlier. And we will make sure that we never exceed the 772 caps on totally number of units on this project, because that is the most critical cap and objective of this project is never to exceed that. And the only reason it went from 750 to 772 is the developers were given an additional 22 units credit the 138 acres that basically runs parallel to the Airport along the shoreline that was all dedicated from the then landowner to the County of Kauai to be used for recreational purposes and whatever other 55 purposes the County deems appropriate. Ms. Nogami-Streufert: Okay, all right. That clarifies a lot of the numbers. I start going into the numbers and then they do not quite match so I am looking for how does that all work together. So thank you, for the clarification. I do not want take up all of the time but I do have a couple of questions about the 2009 approval that you got and under that, under H-4 of that 2009 ordinance “showers, restrooms, picnic areas, et cetera, were to have been constructed within 2 years enactment, enactment of 2009.” So has those been completed? Mr. Siracusa: Yeah, I am having a little difficult time understanding you, Commissioner. Maybe on our end it is the reception. Mr. Belles: I got what she said. One of the Conditions in 2009 permit did reference to restrooms that would be open within two (2) years of the approval of the ordinance. And that was where the Fashion landing was located, which was boutique retail operation located next to the old “Sharkey’s” for those of you who can remember that, and what subsequently became— Mr. Siracusa: Well, they were constructed and completed at that time. And Mike, Sharkey’s became the “Whalers Brewery” at one time point, the retail center was approx. 30,000 sq. ft. out there, it’s been shuttered since the previous developers and when we came on board late 2014, early 2015 we also analyzed it’s and has remained shuttered. There are plans to refurnish, refurbish, and renovate the Fashion landing when appropriate with our density and our buildout here. Specific to those restrooms, there were and are existing restrooms underneath that restaurant area however, they too have been shuttered the since previous developer days. Primarily and continuing now to current days, because of genuine public and community resort here safety concerns and vandalism to those. Unfortunately, a lot of vandalism and other illicit happenings out there. In lieu of that, we have continued to pay for temporary toilets on the backside above the existing retail area out there the shuttered area. And the other two facilities, were completely constructed permanent facilities free standing facilities along the Oceanside. One approximately at Running Waters and the other closer to the Timbers development down by the…it might not be a good reference point, but the 15th hole green. Those are complete with shower facilities, toilets, and recreational facilities attached to them. Ms. Nogami-Streufert: And those are available to the public? Mr. Siracusa: Oh, absolutely, and used very frequently by the public, yes. Mr. Belles: And there is dedicated parking to accommodate the both sides of the project. Mr. Siracusa: Good point, there is dedicated shoreline access parking. Ms. Nogami-Streufert: Okay. There is also something about an aviation (inaudible, that was supposed to have been (inaudible). Mr. Siracusa: The Aviation and Avigation easement depending on where it is variations, we will just reference both is basically an agreement that is longstanding and continues with the Airport 56 which essentially we are acknowledging that we are adjacent an airport and that there is noise generated by the airport with our operations. Mr. Belles: From a legal standpoint, it is basically, a landowner acknowledging that the airport is a nuisance but that they were there first, so anyone buying or residing on property here must live with their activity and be a good neighbor. Mr. Siracusa: And acknowledged in all of our documents, sales documents, as well. Mr. Belles: Correct. Ms. Nogami-Streufert: That is what was part of the concern because I was concern that the County might be held liable if in fact or could be sued by people or by residents if noise level went up because plane designs changed or whatever else. I wanted to ensure we had it in the documents for the Country. Mr. Siracusa: And sure, there is also documentation that relieves the County of any liability as far as the resort on that. Ms. Nogami-Streufert: There is an anticipated full buildout by 2022, is that correct? Mr. Siracusa: There is the foundations that would need to be complete by 2022. The development is yes, is ongoing we are currently in for permits 210 key hotel, as well as a design on another 72 unit condo project, and for permits on townhomes as well down at Ninini Point. And we are obligated to have our foundations complete in accordance with the Conditions of approval by late 2022, correct. Mr. Belles: (Inaudible) is that we will satisfy that Condition in terms of minimally having foundations in and some cases structures under completion for the project. Ms. Nogami Streufert: Okay, all right. Thank you. Mr. Belles: You are welcome. Mr. Siracusa: Welcome. Chair Apisa: Thank you, Glenda, very detailed and good questions. Is there any other Commissioners that have questions or comments? Ms. Cox: In the supplemental report, one of the considerations that was brought up was the fact that was how well used the roadways by bikes and walkers. I know the property in general used very much by the public for recreation, for walking, and biking, and so forth. And I know there was a request for perhaps considering having a bike path or a walking path separate from lane of traffic. Did you have a chance to consider that? Mr. Siracusa: I have a couple of considerations on that, Commissioner. Figure 9, in the 57 application packet is our current plan for roadway and public access through the resort and is essentially a reflection of the shared use path plan. Doug Haigh and I have been in conversation coincidentally looking to establish the easements reflective of their current plan in the area, and get that in to some type of a format here over the next two to three months of our understanding of an easement definition. In addition to what is shown on that plan (inaudible) pedestrian component, part of again, is shared use path will have bicycle attachment to it as part of the development? And additionally, what is not reflected on that but (inaudible) package, we have eight to ten miles of additional pathway in the resort that is (inaudible) that is used for some different charity events and is substantial amount of uses as well. So there are bike paths here, the roads are developed to County standards in terms of all the internal roadways here. And again, we don’t have any restricted areas here within our entire resort compound. So you will see bikers on the road, you will see them on our path systems already (inaudible) future improvements as well because the share use is developed. Mr. Belles: And I have come to learn over time, since they have been my client for a number of decades now. If you come on to the property anytime, especially, morning, noon, and around dusk period, you will see a number of people walking about, biking about, and families. And if you just…people I recognize whether there residents that really use the property. And I can say without being self-servient to the client they are very inclusive in terms of allowing people on the property, not having security gates, or having security agent of the company coming up to residents or anybody on property saying, “Who are you?” “What are you doing here?” People are really allowed to traverse the property, have free access to the shoreline areas, and as Mr. Siracusa said. If you look at figure 9, on the application, it does show a very healthy and vibrant public access program or the entire project site that’s utilized by the community and by residents of this project as well. Ms. Cox: And having used it, I agree. I commend you on the trails that we have. I was just concerned with the one letter that suggested there was one part of the road that does not have a separate bike path or or sidewalk or something and that a lot of people walk along that. So that was my concern. But yes, you have a great trail system for and open to the public. Mr. Belles: I appreciate that, and the truth is that as the project build out over time, there will be continue to be close contact with Department of Public Works, assuming Mr. Haigh is not retired and Mr. Siracusa is not retired, and there will be continuing or their successors dialog about how best to treat pedestrian. So it is done in a safe fashion as you’ve enjoyed and hopefully we can continue to enjoy the property. Ms. Cox: Thank you. Chair Apisa: Just a comment. That is wonderful; I know a lot of people who use that so it is a very nice thing to have so, thank you. Mr. Belles: Thank you very much for that, Chair. Mr. Siracusa: Thank you very much. 58 Chair Apisa: Any question or comments from the, Commissioners? Hearing none. I guess we go back to the planner for final comments. Ms. Higuchi Sayegusa: Sure. At this time again, I will give a brief overview and detailing points highlighted from our Director’s Report. Basically, that the Planning Department finds that the proposal is consistent with the Lihue Community Plan, the 2018 General Plan, and will further the public necessity convenience and the general welfare under the Standards of the Kauai County Code 8.3-4(d). This proposal is consistent with the policies and goals that are related in the Lihue Community Plan, namely the proposal is consistent with the vision of Kalapaki, as an attractive walkable place with good connectivity to and from Lihue. And for development not to greatly intensified but to enhance Nawiliwili, as a draw. The development is within the Lihue Community Plans Urban Edge Boundary that sought to limit urban sprawl and encouraged concentrated and compact growth in these (inaudible) areas. Also, the proposal supports recognition of Lihue and its role supporting tourism and Kauai’s visitor industry. LCP noted that Lihue has the third largest VDA, Visitor Destination Area in terms of acreage. The proposal will allow the resort to build out units that are in the VDA that is foreseen and accounted for in much of the studies based on the LCP. Turning to the 2018 General Plan aside prioritizing the vision and policies set in the Lihue Community Plan, the GP acknowledged that they visitor industry is the mainstay of Kauai’s economy yet, also acknowledged the need to manage tourism, growth, and its associated impacts. To discourage strains on public facilities, infrastructures, and public services. Therefore, the 2018 GP encouraged that new resort growth and infrastructure to focus in the visitor destination area. Accordingly, the permitting and code changes associated with the GP Policy is regarding economy and tourism included several recommendations including one, to revitalize and expand existing visitor destinations areas which included Lihue. Three, do not expand visitor destination areas beyond the resort-designated areas. Four, was to allow existing resort entitlements to build out and allow a non- entitle resort designated areas in this General Plan. So it is in full State and County resort related approvals by the year 2027. So this proposal will allow Kauai Lagoons Resort Development to build out units that are within the density cap and were foreseen and accounted for in the studies based on the 2018 General Plan. In addition, the project will revitalize VDA by building out their entitlements why not expanding this VDA area. Turning to Traditional Customary Native Hawaiian Practices. Community members did express some concerns over protecting access for gathering, fishing, and access to cultural sites along the shoreline. And to continue to allow kamaina to traverse the shoreline. As noted earlier in the discussions earlier with the developer, access rights will be minimally or if not unaffected by this petition because access throughout the resort will remain through it’s network of roadway and public accesses. Under Kauai County Code 83.4, Public necessity convenience and the general welfare served by this zoning amendment. Again, the project supports LCP and 2018GP policies and goals to preserve Kauai’s rural character by concentrating growth within the urban edge boundary. It supports the Visitor Industry by allowing this resort to build out as already anticipated and entitled units under this 772-density cap and within the visitor destination area. Finally, the arrangement of density for residential development will further preserve open space areas within the resort area. So based on this evaluation, it is recommended that the Zoning 59 amendment ZA-2021-3 to be approved. Chair Apisa: Thank you, Jodi. Is there any questions or comments from any Commissioners? Hearing none. Commissioners, is there anyone like to make a motion? Mr. DeGracia: I move to approve Zoning Amendment ZA-2021-3 to Amend District Boundaries by Amending Zoning Ordinance PM-2009-394, Amended, to reclassify approximately 16.8 acres of land, classified of approximately 14.2 acres of land currently situated within the County Zoning Residential District (R-2)— Chair Apisa: Excuse me, Francis, your speaker is off it is very difficult to here. Mr. DeGracia: Yes, okay. Let me shorten it here. I move to approve Zoning Amendment ZA- 2013-3, to Amend District Boundaries by Amending Zoning Ordinance No. PM-2009-394— Chair Apisa: I could not hear. You are fading again. You were very clear but then you leaned back or something. Thank you. Mr. DeGracia: Okay. I move to approve Zoning Amendment ZA- 2013-3, to Amend District Boundaries by Amending Zoning Ordinance No. PM-2009-394. Chair Apisa: Thank you very much. Sorry I had to have you repeat it so many times. Ms. Nogami Streufert: Seconded. Chair Apisa: All right. We have a motion on the floor. Any further discussion on it? Roll call please, Kaaina. Mr. Hull: Roll call. Motion to approve, Madame Chair. Roll call. Commissioner Chiba. Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner Cox. Ms. Cox: Aye. Mr. Hull: Commissioner DeGracia. Mr. DeGracia: Aye. Mr. Hull: Commissioner Streufert. Ms. Nogami Streufert: Aye. Mr. Hull: Commissioner Otsuka. Ms. Otsuka: Aye. 60 Mr. Hull: Commissioner Ako. Mr. Ako: Aye. Mr. Hull: Chair Apisa. Chair Apisa: Aye. Mr. Hull: Motion passes, Madame Chair. 7:0. New Public Hearing All remaining public testimony pursuant to HRS 92 (Sunshine Law) CONSENT CALENDAR Status Reports Director’s Report(s) for Project(s) Scheduled for Agency Hearing. GENERAL BUSINESS MATTERS Amendment to Special Management Area Use Permit SMA(U)-2019-5 for a tow-year time extension to construct the residence on real property located at Waipouli, Kapa’a, Island and County of Kauai, State of Hawaii, identified as Tax Map Key No: (4)4-5-002-002, and containing an area of 17,720 square feet = Brad Allen Burns and Elizabeth Ann Burns (Joseph M. Horak Living Trust). Mr. Hull: Moving on and kind of rounding out the calendar agenda here, we have one last main agenda item— Ms. Nogami Streufert: Congratulations. Mr. Hull: General Business item I.1 Amendment, the Special Management Area Use permit SMA (U) 2019-5 for a two-year time extension to construct the residents on real property located at the Waipouli Island in Kauai - County of Kauai state of Hawaii identified as Tax Map Key 4- 5-002:002 and containing the area of 17,720 square feet. The applicant is Brad Allen Burns and Elizabeth Allen Burns. I’ll send it over to the Romio for the brief synopsis of this proposal. Staff Planner Romeo Idica: Good afternoon, Madam Chair and Commissioners. For your consideration, Special Management Area Use Permit SMA (U)-2019-5 for the (inaudible) extension to construct the residence originally approved back in June 25, 2019, applicant Brad and Elizabeth Burns. 61 Mr. Idica read the Project Description and Use, Additional Findings, and Preliminary Evaluation sections of the Director’s Report for the record (on file with the Planning Department). Mr. Idica: That pretty much concludes my brief summary, and I will open it up for questions from the commissioners or to myself or the applicant. Chair Apisa: Are there any questions of the planner? Then I would ask is the applicant present? Ms. Laurel Loo: Yes, can you hear me, Madam Chair? Chair Apisa: Yes. Ms. Laurel Loo: This is Laurel Loo for the applicants who are also on the phone; we just wanted to be available in case any of the Commissioners had any questions. Chair Apisa: Thank you. I open it up to Commissioners, questions and comments. Ms. Nogami-Streufert: Can I ask the planner a question. Is this - is this dwelling within the VDA? Mr. Idica: No, it is not. Ms. Nogami-Streufert: It is not. Then the original Conditions for building, because this is just an extension of the original conditions, correct? Mr. Idica: That is correct. This is an extension of the original permit. Ms. Nogami-Streufert: At this point we’d put in a clause or we’d put in a Condition or, that says that - this, even if it’s not in a VDA, that there’s usually a Condition in there about this cannot be used for that purposes? Is that something to add there (inaudible) used for that purpose? Mr. Idica: Yes, definitely, definitely. If there is no objections to the applicant, yes, definitely. Ms. Nogami-Streufert: What VDA (inaudible) something like, it’s already not in the VDA but it’s just to make it absolutely clear, sorry, maybe my speaker is going in and out for sure. Ms. Laurel Loo: It’s already a Condition of the original approval, number three (3), the proposed residence shall not be utilized for any transient accommodation purposes. Because it’s not in the VDA, yes, we would not be not using it for any transient purposes. Ms. Nogami-Streufert: Okay. Chair Apisa: Are there comments or questions? Well, hearing none, is there a motion? Oh, wait, we have to go back to the planner, sorry. 62 Mr. Idica: Thank you, Madam Chair. Based on the foregoing Evaluation and Conclusion, it is hereby recommended the Planning Commission approve the plan extension for special management area use for the SMA (U) 2019-5 to be approved with the following amendment to Condition No. 8 which reads, “Unless otherwise stated in the permit, once a permit is issued, the applicant must make substantial progress as determined by the director regarding the development or activity by June 25th, 2023 or the permit shall be deemed lapsed and no longer in effect.” Thank you. Chair Apisa: Thank you. Based on that, are there any further questions or comments from the Commissioners? Now hearing none, do we have anyone to propose a motion? Ms. Otsuka: I propose a motion regarding Brad Allen Burns and Elizabeth Allen Burns, and in promotion to employ the amendment to Special Management Area use permit SMZ 2019-5 for a two-year time extension to construct the residence on real property located at Waipouli Island of Kauai, state of Hawaii including an update on the location needs. Ms. Nogami-Streufert: Second. Chair Apisa: I’m sorry, who was that, seconded? Ms. Nogami-Streufert: Glenda. Chair Apisa: Glenda, okay, thank you, Glenda. Any discussion on this motion on the floor? Mr. Hull: Real quick on clarification to amend the actual description of the application to the SMA (U) 2019-5, SMZ is a typo, but just a clarification for the record. Chair Apisa: So, the Z becomes an A? Mr. Hull: Correct. Chair Apisa: Yes, yes, yes, correct, SMA (U) 2019-5. Any further questions or comments on the motion on the floor, any discussion? Hearing none, Kaaina, can we take a role call on the vote please? Mr. Hull: Yes, Madam Chair. Motion to approve the extension. Roll call. Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner Cox? Ms. Cox: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. 63 Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Chair Apisa? Chair Apisa: Aye. Mr. Hull: The motion passes, Madam Chair. 7:0. COMMUNICATIONS (For Action) Mr. Hull: Moving right along, we have no Communications for Actions. COMMITTEE REPORTS Subdivision Mr. Hull: Moving on to Committee Reports, we have the subdivision community report. I will turn it over to Subdivision Community Chair DeGracia. Chair Apisa: At this point - excuse me just one moment, Commissioner DeGracia. I am going to recuse myself since I am involved with the Kulana Subdivision. I would turn this over to our vice-chair. Chair Apisa recused herself from the meeting at 1:40 p.m. Vice Chair Cox: Go ahead, Francis. Mr. DeGracia: Okay. Thank you. Present for the Subcommittee Commission meeting was myself and Commissioner Chiba. There were four items on the agenda. There was an approval for tentative subdivision map approval for subdivision application number S-2021-4. There was tentative subdivision extension request for subdivision application number S-2002-25, which was approved. Also subdivision application number 20-2017-6 was also approved. And there was also a final subdivision map approval for subdivision application number S-2020-11, which was also approved. Vice Chair Cox: Thank you, Francis. Any questions for Francis? In that case, can we have a motion? 64 Mr. Chiba: Yes and no. I move to accept the report of the Subdivision Committee meeting, July 30, 2021. Vice Chair Cox: Thank you, Mel. Is there a second? Ms. Otsuka: I second. I second. Vice Chair Cox: Thank you, Lori. We have a motion and second. Any further discussion? If not can we do a rollcall? Mr. Hull: Yes, Madam Chair. Rollcall and motion to accept and approve the Subdivision Committee’s reports. Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Ako? Comm. Ako: Aye. Mr. Hull: Chair Apisa is recused. Chair Cox? Vice Chair Cox: Aye. Mr. Hull: The motion passes, Madam Chair. 6:0. UNFINISIHED BUSINESS ( For Action) Mr. Hull: Moving on, there is no Unfinished Business. NEW BUSINESS Mr. Hull: We have no New Business as we handled the New Business; we took the action on New Business. For Action - See Agenda F for Project Descriptions 65 ANNOUNCEMENTS Topics for Future Meetings The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter on August 10, 2021. The Planning Commission anticipates meeting via teleconference but will announce its intended meeting method via agenda electronically posted at least six days prior to the meeting date. Chair Apisa returned to the meeting at 1:43 p.m. Mr. Hull: And with that, ladies and gentlemen of the Commission, that ends up our agenda items for today. I really want to thank your patience and indulgence in going through what was a rather short Commission visit but a fairly long - or a short agenda but a fairly long Committee meeting. I have reached out - as far as upcoming meeting topics, we’ve got a handful for August, quite honestly, not many, we’ve got the Lihue Mill zoning amendment that is looking at amending the Lihue Mill area to be included in the Rice Street Planning District. We also have a briefing by the Office of Planning concerning the Coastal Zone Management Program. And it’s relatively short with this August agenda, at least so far. I can say and I have spoken with a few of you folks. I will be calling some other Commissioners this week concerning the possibility of us returning to in-person meetings coming this August 10th - upcoming August 10th meeting. It’s not entirely set in stone, but discussions are definitely on their way with both the Board and Commissions Office and the County Council, so I will keep you guys - I’ll give you each individually, a call if I haven’t called you folks already. And with that, that’s kind of what we’ve got and September is definitely gearing up to be a longer meeting, quite honestly, folks. I mean, we do have the Princeville bill coming back to us. We have the guesthouse draft industry rules coming back to us. We will also be getting a briefing on Coco Palms from the landowners as well. So there are some things of note on the horizon. If there’s any items that you as individual Commissioners would like to see briefings on or discussions, now would be the time or you can definitely call the department to have a discussion on site as well. ADJOURNMENT Chair Apisa: Thank you very much. I appreciate your assistance. And, Commissioners, any final comments, if not, I would entertain a motion to adjourn. Ms. Cox: I move we adjourn. Ms. Otsuka: I second. Chair Apisa: All right, hearing - we can just, I think, take up a voice - vote on that. All in favor? Mr. Chiba: Aye. Ms. Cox: Aye. 66 Ms. Otsuka: Aye. Chair Apisa: Everybody with us? That did not sound like six votes. Ms. Otsuka: Aye. Ms. Nogami Streufert: Aye. Mr. DeGracia: Aye. Mr. Ako: Aye. Chair Apisa: Anyone opposed? I do not think anyone is opposed. Motion carried 7:0. The meeting is adjourned. Thank you. Chair Apisa: adjourned the meeting at 1:45 p.m. Respectfully submitted by: _________________________ Arleen Kuwamura, Commission Support Clerk ( ) Approved as circulated (add date of meeting approval). ( ) Approved as amended. See minutes of __________ meeting. BELLES GRAHAM LLP IAN K.JUNG 8626 4334 Rice Street,Suite 202 Lihue,Kauai,Hawaii 96766 Telephone:(808)245-2163 Facsimile:(808)245-3277 Email:ik)@kauai-law.com Attomey for Applicants, PHILIP J.GREEN and LINDA M.GREEN, Trustees offlie Philip J.Green,Jr.Tmst,dated December 4,2018, and the Linda M.Green Trust,dated December 4,2018 BEFORE THE PLANNING COMMISSION OFTHE COUNTYOFKAUAI In The Matter OfThe Application Of )SPECIALMANAGEMENTAREAUSE )PERMIT SMA(U)-2021-_ )USEPERMITNO.U-2021-_ ) PHILIP J.GREEN and LWDA M.GKEEN,) Trustees offhe Philip J.Green,Jr.Trust,dated ) December4,2018,aiidfheLitidaM.GTeen ) Trust,dated December 4,2018,for a Special ) Maiiagement Area Use Permit,a Use ) Permit,and a Class TV Zoning Permit for ) real property situated at Kilauea,Kauai,) Hawaii,identified by Kauai Tax Map Key ) No.(4)5-2-004:084 (CPRNo.0001).) CLASS W ZONBSTG PERMIT N0.Z-FV.-2021- -f'-APPLICATION?EXHIBITS "A"-"M" (W:/DOCS/2750S/2/WOK8149.DOCX ) OCT26 2021 Na Kia'i o Nihokii c/oP.O.Box710 Kflauea,HI 96754 Intervenor BEFORE THE PLANNING COMMISSION COUNTy OF KAUAI In The Matter ofthe Application Of PHILIP J.GREEN and LD4DA M. GREEN,Trustees ofthe Philip J.Green,Jr. Trust,dated December 4,2018,and the Linda M.Green Trust,dated December 4, 2018,for a Special Management Area Use Permit,a Use Permit,and a Class IV Zoning Pennit for SeacliffPlantation Lot 11-A for development ofthe real property situated at Kilauea,Kauai,Hawaii, identified by Kauai Tax Map Key No.(4) 5-2-004:084 (CPR N0.0001). Special Management Area Use Permit SMA(U)-2022-1 Use Permit No.U-2022-1 Class rv Zoning Permit No.Z-IV- 2022-1 TMK:(4)5-2-004:084 (CPR N0. 0001) NA KIA'I O NIHOKU, PRO SE INTERVENOR HEAMNG Time:9:OOAM Date:October26,2021 Hearings Officer:Planning Commission 1=:1.<^."- OCT26 2021 October5,2021 Kaua'i County Planning Commissioin Kaua'i County Planning Department 4444 Rice Street Lihu'e,HI 96766 RE:PETITION TO INTERVENE AND REQUEST FOR CONTESTED CASE HEARING. Plannmg Commission Meeting -October 26,2021.Special Management Area Use Permit SMA (U)-2022-l,Use Permit No.U-2022-1,and Class FV Zoning Permit No.Z-IV-2022-1 for SeacliffPlantation Lot 11-A for development ofthe real property situated at TMK (4)5-2- 004:084 (CPRNo.0001). Aloha Commissioners, In accordance with Chapter 4,Intervention,Rules of Practice and Procedure of the Planning Commission ofthe County ofKaua'i,Hawai'i Revised Statutes (H.R.S.),Chapter 91,and the Special Management Rules and Regulations (SMA Rules)ofthe County ofKaua'i (County),Na Kia'i o Nihoku hereby petitions the Kauai Planning Commission (Commission)for status as an intervenor in any applicable proceedings that may result from the above referenced application. The above referenced Application was filed by Attomey lan Jung,on behalf of Phil and Linda Green,and is before the Plarming Commission on October 26,2021. Petitioner's Right to Intervene The Rules ofPractice and Procedures ofthe County ofKaua'i Planning Commission Chapter 4, Section 1-4-1 state: Who May Intervene.All persons who have an interest in the land,who lawfully reside on the land,or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed application that theii interest in the Proceeding is clearly distinguishable from that ofthe general public,shall be admitted as Parties-Intervenors upon timely written application for intervention, This written application is timely made pursuant to Section 1-4-3 ofthe Rules ofPractice and Procedure filed at least seven (7)days prior to the October 26,2021 Agency Hearing. 1-4-4 (1)&(2):Nature and Extent of Petitioner's Interest Na Kia'i o Nihoku,caretakers and guardians ofNihoku,is a community-based intergenerational organization ofcultural practitioners,educators,scientists,and citizens founded in April 2016. Na Kia'i o Nihoku holds a Special Use Permit with the United States Fish and Wildlife Services (USFWS)to escort groups for cultural,educational,and ecological restoration purposes from Wowoni point to Mokolea,including the lands ofNihoku within the ahupua'a ofKJlauea and Kahili.These lands encompass the Kilauea Point National Wildlife Refuge (KPNWR). Na Kia'i o Nihokii aims to perpetuate traditional and customary practices,knowledge and place- based understanding ofNihokii and the surrounding KIlauea area by providing events that support wildlife conservation and environmental education.Due to the cultural significance and ecological sensitivity ofNihoku and its surroundings,these events are subject to strict size limitations,biosecurity restrictions,and cultural protocols. Furthermore,the purposes ofNa Kia'i o Nihoku are to: a)Reconnect to traditional and customary practices and knowledge of seasonal pattems, kupuna (ancestors),and mo'olelo (oral histories). b)Enhance ecosystem health through hands-on restoration work c)Facilitate appreciation and understanding of cultural heritage and wildemess areas. d)Train future generations to mamtain traditional knowledge and wildlife conservation e)Respond to shifting phenology in the face of climate change in a manner that protects living cultural and natural resources. For four years prior to the coronavirus pandemic,from 2016-2020,Na Kia'i o Nihoku held 40 events at Nihoku and surroundmg areas,hosting over 800 people.These groups included Kaua'i school children,hula halau,and other cultural practitioners along with groups like Leadership Kaua'i and Kaua'i Community College Classes.Over halfofthose attending had never been to Nilioku. Members ofNa Ki'ai o Nihoku are also cited within this application,albeit incorrectly,and in others for home sites within this open,SMA,and special treatment district zoned area on the flank ofNihoku as cultural experts on these sites. Na Kia'i o Nihoku has an extensive and unique interest in ensuring that the protections afforded to Nihokii are completely and faithfiilly implemented and,ifnecessary,defended.Na Kia'i o Nihoku is an appropriate party to participate in discussions and deliberations related to the size, location ofthe proposed development and associated conditions to protect the cultural integrity, scenic and ecological special treatment resources ofthe site. Summarv of Cultural Significance: Nihoku,home to multiple traditional and customary practices,is the highest accessible pomt in much ofKo'olau and Halele'a,situated near where the two mokujoin.The mountain affords significant and rare views as far as Anahola and PHa'a to the east,past Kalihikai,Wanini,and Hanalei to Ha'ena in the west.This rare vantage point is vital to understanding the entire Ko'olau and Halele'a moku,their mo'olelo,mountains,place names and many wahi pana. Nihoku is a critical kilo,or key observation point,for all levels oftraditional natural resource management-such as for lawai'a,for ho'okele and wa'a (celestial observation and navigation), and for critical phenological land surveys.Nihoku includes a historic fishing trail used by Hawaiians and later Kilauea residents through the plantation era to access Makapili.It is also critical for mo'olelo (storytelling ofwahi pana—storiedplaces as both settings and characters), a'o (educate to perpetuate connection to places along with associated customary practices). With the Northwestem Hawaiian Islands (NWHI)shrinking due to sea level rise,KPNWR is one ofthe most critical seabird nesting areas in all ofHawai'i.Nihoku and the surrounding refiige lands are one ofthe only likely relocation habitats available for the majority ofHawai'i's native seabird populations that nest in the NWHI.Current KPNWR protections and expanded efforts to cultivate and increase wildemess habitats for seabirds,including multiple threatened and endangered speices,are vital to the ecological and cultural integrity ofHawai'i. Nihoku is more accessible to traditional and customary practitioners than most seabird nesting habitats.Thus,the area is critical for restoration and transmission of observation and relationships with seabirds and their associated cultural practices.These practices include stewardship and malama (care and guardianship ofplaces and living forms that embody gods, ancestors,and 'ohana)as well as traditional feather arts to craft tools,lei,kahili and other items used in spiritual and religious practices.Members ofNa Ki'ai o Nihoku are engaged in collection,processing,and sharing ofresources from sea birds that have passed on,with practitioners and communities across the Hawaiian islands. Impacts on Traditional and Customary Practices: The proposed home site impacts the perpetuation and restoration of multiple traditional and customary practices connected to the area and the subject parcel,along with the rights and responsibilities associated with each.Please note that each specific practice outlined below grounds and builds upon the others,making it difficult to artificially separate them from the holistic Hawaiian world view and life ways that encompass each.These include: 1.'Oiwi (Natives,Those with Bones in the Land)-Connecting to 'Aina through Ancestors Members ofNa Kia'i o Nihoku and many 'ohana ofthe Kilauea community have ancestors whose bones are located in and around Nihoku.The proposed dwelling,located directly above KTlauea's primary graveyard desecrates the Hawaiian practice ofinterrmg 'ohana members and elders in a place ofhonor,a practice adopted by other ethnic gropus that have come to Kaua'i. This graveyard was once the highest developed space in KIlauea,with nothing between these ancestors and the lewalani (heavens).The proposed dwelling site would significantly impact the experience and practice ofvisiting these ancestral burials. 2.Ha'i Mo'olelo /Kaka 'Olelo-Storytelling and Oral Traditions Traditional oratory uses the surrounding landscape in recounting the history and traditions of a specific place.Multiple mo'olelo are associated with Nihokii encompassing pivotal figures in Hawaiian geneaological and historical accounts as well as local Kaua'i stories:A'ahoaka, Aiwohikupua,Kamo'okoa and Puapualenalena.The primary mo'olelo,Na Kaikaina,a section ofthe larger story ofHi'iakaikapoliopele,takes place less than 1500 feet from the proposed dwelling.In Na Kaikaina,Pele joumeys from Kabiki with her siblings,stopping at Nihoku to dig a crater home for her fire.Her efforts are defeated by her sister,Namakaokaha'i who sends the ocean to crush the crater walls and nearly extinguish Pele's flames.Pele's efforts are observed by three sisters who she tums to stone in her anger and frustration.Na Kaikaina (the sisters)stand today as a reminder that ifthe crater is not a suitable bome for the goddess Pele,it is not a suitable dwelling for two humans.The 30,000 square foot proposed development offour separate structures in such close proximity to this significant geological feature,would invalidate the integrity ofthis mo'olelo and its ongoing perpetuation in the area. 3.Ho'ilce Honua -Cultural Geography High vantage points on mountains (mauna)and hills (pu'u)are culturally significant due to their proximity to the lewa,or atmosphere,as well as for the sweeping views of entire landscapes.These vantage points and their alignments with other mountains set relationships among sacred sites,their respective ceremonies and practices.Nihoku is the highest and only coastal vantage point along Kaua'i's north shore.The subject parcel is currently the only location on Nihoku that provides a clear and unobstructed view of all mountains from Anahola (Kalalea)to Haena (Makana),as well as unobstmcted views ofcelestial objects relative to the viewer's position on earth.Construction ofthe proposed development would interfere with views o/Nihokii from these other mountains as well asfrom Nihokii and the many associated ceremonies and practices associated with these alignments such as piko o Wakea.The proposed stmctures would also block the path ofNilloku's unique wind,Aopo'omuku which wraps the mountain,allowing sea birds such as moll to launch into flight. 4.Kilo /Kahuna /Ho'okele -Astronomical &Environmental Observation to Become a Priest/Scientist/Navigator Kilo is the practice ofobserving one's environment to document phenology,or seasonalchanges, ho'ailona or omens,weather,and the many elements ofthe earth,sky and all living things. Especially at crucial times in the Hawaiian calendar-equinoxes and solstices-practitioners conduct ceremonies that recreate and calibrate traditional calendars,setting intentions for balanced human-aina interactions (how to fish,hunt,gather,grow,and share).The 'aina proposed for development is a vital kilo point for lawai'a (fisher men and women)and other ocean faring practices.Its lights stand to impact astronomical observations of stars and the navigational training which takes place on Nihoku and at Wowoni point.Access at night is only allowed through the Na Kia'i o Nihokii pemiit with U.S.Fish and Wildlife Service four times per year,and the Seacliff subdivision is gated at night.Most observation and teaching of start lines are currently done from lower spots in Kilauea,such as along Kilauea road.The lights ofthis house would also impact these viewing points.This site proposed for development is the only place on Nihoku and the highest in all ofKilauea that allows vistas ofthe horizon to both the east and west,providing visual confirmation for specific ancestral knowledge and kilo through simultaneous observations ofthe rising and setting ofparticular star lines as well as the rising and setting ofthe sun and moon to calibrate annual and monthly Hawaiian calendars. 5.Huaka'i /Ka'apuni /Ho'okipa -Joumeying to Circumnavigate One Island,Visit Others, and Welcome Visitors As mentioned earlier,mauna and pu'u are important landmarks featiires that provide shape and form to huaka'i,the practice ofjoumeys and visits to 'aina.Examples ofculturaljoumeys that mtersect wtih Nihoku include the annual ka'apimi ofMakahiki processions bearing Lono around each island,as well as huaka'i by Lonoikamahiki from Hawai'i to Kaua'i,Kauakahiali'i's visit from Wai'anae and Queen Emma's ascent to high peaks ofeach island including crossing Alaka'i swamp to reach Kilohana at Koke'e,visible from Nihoku on a clear day.On these visits, climbing and passing physical features ofthe landscape underscore life's trajectories and tribulations,increasing individual capacity for pono leadership,personal excellence,and positive contributions to society.Na Kia'i o Nihokii have hosted over 800 individuals,includmg school children and Kaua'i leaders and leamers ofall ages.Theirjoumey to Nihoku begins at its base, encompassing the vista ofthe entire mountain,as they approach and traverse it by vehicle and foot,ending always with reflective time and ceremony,sometimes accompanied by awa,to cement theii own discoveries and reflections gained along the way.Beginnmg ajoumey at the foot of a massive luxury home,which participants have to climb above to access Nihokii,forever compromises both the reenactment ofhistoric huaka'i and contemporary experiences ofanyone traversing the landscape and allowing important cultural joumeys to unfold. 6.Hula /Oli -Dance,Chant and Cultural Expression for 'Aina The proposed complex of structures would also indelibly impact related practices of mele,hula, and oli for and about Nihokii.Na Kla'i o Nihokii have hosted multiple halau including hula practioners participatmg in Halau a Ola World Hula Conference in 2014;halau from O'ahu, Hawai'i island and Califomia;'olapa (dancers)on their way to 'uniki at Ke'Ahu a Laka in Ha'ena as kumu;and charter and immersion school students,all ofwhom share chants and hula for this place,includmg mele ofthe broader saga ofPele,in which Nihoku plays a role. Contemporary chants,mele and hula have also been composed for Nihoku.All ofthese practices invoke the subtle details and mana of a place.Practitioners are moved to offer and engage in these practices all along theirjoumey ofvisiting Nihoku,from its base at Kahili river to its crest.Development of large structures at the piko,or center of the viewscape and approach to Nihokii,would irrevokably alter the mana and character ofthis vital land form,impeding the practice of stopping to view and honor the mountain and all of its elements through offerings of leo (voice)and motions that bring these elements to life. 7.Malama 'Aina /Hana Kaulike -Land Stewardship,Restoration and Caretaking Hana kaulike,or intentional physical labor,is one's obligation to the environment,family,and gods.It is an integral part of a Hawaiian worldview-reiterating and restrengthening timeless familial relationships between people and land.Weeding,planting and other practices ofmalama'aina underpin Na Kia'i o Nihoku's efforts to facilitate traditional stewardship ofseabird nesting habitats;mitigate human impact through increasing nesting habitat;fmd balance bctween humans and wildemess areas;and build ongoing reciprocal relationships with 'ama that solidifies both the emotional and spiritual attachment between people and place (Andrade,2008;Handy & Puku'i,1998;McGregor,2007).The proposed development is located adjacent to multiple native planting sites and future potential restoration areas,work diminshed by the presence of a looming luxury home,pool and associated structures. 8.Hulu Manu -Featherwork Through the Kiamanu Project,foundmg members ofNa Kia'i o Nihokii played an integral role in piloting efforts to leam and teach creation of cultural products utilizing native seabird feathers such as lei hulu,lei hulu makahiki,and kahili pa'a lima for spiritual and religious practices across the archipelago and across the island ofKaua'i,such as Makahiki.Creations ofhulu (feathers), believed to be intimately tied to the concept ofmana,orpower,were made as representations of specific akua (Hawaiian gods),symbols of high-ranking ali'i,and an integral part ofdiplomatic and ceremonial affairs.The revered and intricate feather work of traditional Hawaiian practices are a testament to the skill and artistry required to craft colorful,powerful images from one's natural environment.The subject parcel includes a diversity of existing and potential habitat areas for sea birds including nene,moli,ua'u kani (wedge tailed shearwaters)and ua'u (petrel)as well as pueo,a species commonly revered as 'aumakua,all ofwhose feathers can be used m feather work.The proposed development would be the highest on the slopes ofNihoku and the closest to the refuge,impacting fiiture potential for restoration of seabird stewardship practices through imposition ofhuman residence and multiple associated impacts;grading to construction to interior lighting to availability of forage for rats to human noise proximate to an otherwise intact wildemess area.Tbe proposed siting fragments potential filture nesting habitat needed in the face of climate change. 9.A'o Aku,A'o Mai ...PTpi Holo Ka'ao -Teaching,Leaming and Perpetuation Perhaps the most significant traditional and customary practice is that ofteaching and leaming to perpetuate all of the above practices,and the relationships between people and place upon which these practices depend.Generations ofNative Hawaiian families in the Kllauea area have practiced and forged relationships with 'aina and their environment at Nihoku.Some ofthese practices,including the underlying recognition ofthe sacredness and significance ofthis landform,have been adopted by newer and non-Hawaiian residents of KIlauea.Though the imposition ofa gated community at the foot ofthe mountain created a barrier to many ofthese practices,and though access into the refuge lands is strictly controlled,cultural practices at Nihoku have endured,been re-established,and continue to thrive.New knowledge ofhistoric practices contmues to emerge as new generations ofKJlaueans are nurtured to visit,steward and practice at Nihoku with their schools and 'ohana.The keild oftoday will grow into tomorrow's practitioners.They will rediscover and adapt additional traditional and customary practices of this place to the challenges ofthe future.Just as Nihoku offers a place ofrefuge for sea bird populations facing changing climate,the entire mountain and all currently undeveloped areas offer a refuge for ongoing and future cultural practices and connections with this vital place. 1-4-4(3):Specific Issues to be Raised 1)Given Na Kia'i o Nihokii's unique interest in the caretaking and protection ofNihoku,its sea birds and associated cultural practices,tbe group can provide meaningful input in helping the Commission and Planning Department to meet their affirmative constitutional duty to preserve and protect native Hawaiian traditional and customary rights. a)Insufficient facts for the commission to do the Ka Pa'akai analysis have been provided by the applicant.There is a need for a comprehensive cultural impact assessment for Nihokii.The closest and most recent study was done for nearby flat lands ofKTlauea Agricultural Park in 2010 and did not include Nihoku.This study was listed as an exhibit in the application,but only part of it was included.The only prior study,the sole archaeological or cultural inventory conducted for Nihoku herself,was conducted in 1989 as part ofthe refuge expansion.This study focused only on the plantation era weir for loading sugar onto boats at Mokolea and the World War II era bunkers. b)Even if there is no current evidence of traditional and customary practices existing on a subject parcel,native Hawaiians with legitimate claims may still assert these rights because the Supreme Court has held that these rights are not abandoned because oflack ofuse (Public Access Shoreline Hawai'i vs.Hawai'i County Planning Commission (1995)).Thus ifthere is evidence ofpast traditional and customary practices and use (i.e.fishing trail,kilo spots,native plants used for traditional practices,presence of significant cultural resources such as birds),there should be greater inquiry.In this case all ofthe above exist,along with current,ongoing and unmterrupted cultural practice. 2)In addition,this intervention will provide information challenging the applicant's arguments that this project qualifies for Special Management area Use Permit,Special Treatment District Use Permit &Class TV Zoning Permit for SeacliffPlantation Lot 11-A. The commission is required to take the following aspects into consideration before granting a special treatment use permit as cited in Article 11 -Special Treatment Districts of County Zoning Ordinance,Sec.8-11.1 Purpose."The Special Treatment District specifies the additional performance required when critical or valuable social or aesthetic characteristics of the environment or community exist in the same area as a parcel wbere particular functions or uses may be developed.(a)To designate and guide development of County areas which because of unique or critical cultural,physical or locational characteristics have particular significance or value to the general public.(b)To ensure that development within those areas recognize,preserve,maintain and contribute to the enhancement of those characteristics which are ofparticular significance or value to the general public. a)Inadequate protection and management of sea birds and other endangered species at a time when climate change and other impacts beg expanded habitat and protected buffers,not encroachment on existing habitat. b)This application was submitted without information on drainage,run off,and impacts from extensive excavation,driveways,stone walls,roofs,and all ofthe projected construction and site unprovements. c)Climate Change:Community concems also emphasize the increasing sensitivity and importance ofthe site in the face ofclimate change which will be addressed by this intervention.Climate change is projected to increase rainfall intensity and speed up erosion rates,whUe also leading to longer dry periods and enhanced fire risk.The exposed nature and strong winds ofthe Nihoku portion ofthe refuge and adjoining lands increase chances ofwildfire,exacerbated by the year round growing season for vegetation.Increasingly rapid sea level rise in the north west Hawaiian islands makes it vital to protect and expand sea bird habitat at Nihoku. Information on a,b and c above is vital to properly site the home in this sensivite ecological resource area as required in Kaua'i's SMA rules and Regulations including the following sections on Alterations to land forms and adverse effects:Section 4.0(A)(4),and Environmental orEcological effects:Section4.0(B)(l). d)This intervention will also help to provide information regarding impacts to domestic water provision in the town of KIlauea from development at this high elevation so far from municipal water sources,at a time when Kilauea's water infrastructure is at capacity impacting available water for housing and agriculture.This information is required under Article 11 - Special Treatment Districts ofCounty Zoning Ordinance,Sec.8-11.5 Applications for Use Permits (d(3))."Information concerning the impact of the proposed development on public services or utilities and social and economic structure or cultural characteristics." e)This intervention will also illuminate impacts on the scenic view planes protected in conditions imposed with approval to the SeacliffPlantation subdivison and on the experience ofthis essential landmark and place of respite for Kilaueans due to its siting and scale.These essential characteristics of Nilioku are protected in Article 11 -Special Treatment Districts ofCounty Zoning Ordinance,Sec.8- 11.2(c),Scenic/Ecologic Resources (ST-R)for Land and water areas which have unique natural forms, biologic systems,or aesthetic characteristics which are ofparticular significance and value to the general public.We will argue that the proposed development "involves an irrevocable commitment to loss or destruction ofnatural or cultural resources,including but not limited to,historic sites,Special Treatment Districts as established in the County CZO,view planes or scenic comdors as outlined in the Development Plans,and recreation areas and resources"(Kaua'i SMA Rules and Regulations section C5A).Further,the application fails to meet requirements under 8-11.5 (c)Applications shall be accompanied by plans and three (3)dimensional drawmgs or models which clearly indicate the relation of the proposed development to other uses and structures within the Special Treatment District and the ways in which the proposed development is consistent with the reasons for the establishment ofthe District.We will present evidence to show that size ofthe proposed dwelling is out of character with other surrounding residences in the subdivision and with the lot on which it is proposed. 3)Na Kia'i o Nihokii will also challenge applicants'contention that the project is consistent with the County ofKaua'i General Plan 2020,the guiding document for all land use on our island.We argue that there is a need to update the North Shore Community plan which has not been updated since 1979 to be in keeping with the larger general plan structure,before approving further individual spot zoning permits in recognized sensitive and protective areas,such as those zoned Natural in the General PIan,and those which fall within or meet the requirements of special treatment district overlays. 1-4-4 (4):Effects ofDecision on Petitioner's Interest Petitioners are specifically interested in the protection of traditional and customary rights and practices,the cultural and ecological integrity ofNihokii. Petitioner Na Kia'i o Nihoku also has an interest in enusring,and plannmg commission is obligated as stated in the CZO,to ensure that development within special treatment areas recognizes,preserves,maintains,and contributes to the enhancement of those characteristics of particular significance or value to the general public (because of unique or critical cultural,physical or locational characteristics).(Article 11 -Special Treatment Districts ofCounty Zoning Ordinance,Sec.8-11.1 Purpose (b)). Na Kia'i o Nihoku is concemed about poor precedent and other flawed application processes in the surrounding area,and about inadequate protection oftraditional and customary practices. Given the cultural significance ofNihoku and its impending development (with three applications for dwellings and other associated inprovements in the special use treatment district area this year alone),this intervention will help to provide information on cumulative impacts which has not been documented for use in govemment decision making.Of five lots containing same open zoning and special treatment district protections along the slope ofNihoku,only one has an existing dwelling,1/10 the size ofthe proposed development TMK (4)5-2-004:085. Another has just been cleared for a home site based on a flawed Ka Pa'akai analysis in which group members were cited but not consulted TMK (4)5-2-004:088.A third application for development on the slope ofNihoku was recently received by the plaiming department. Further,in the past two months,members ofNa Kia'i o Nihoku have been contacted by three other recent applicants in the Kahili and KIlauea areas as part of efforts by applicants to conduct Ka Pa'akai Analysis.In multiple cases,group members have been misquoted and the information they shared has been misconstrued.These analyses are not the responsibility of the applicants or the community but ofthe planning department. It is vital to establish a record of exisiting and historic cultural practices in the KTlauea area so that potential impacts on traditional and customary practices,along with mitigations to protect them,can be ascertained by the Kaua'i Planning Commission and Department. With a less-than-vigorous defense of protections on traditional and customary rights and the special treatment district area,the interests ofNa Ki'ai o Nihoku as well as those ofthe residents ofthe County ofKaua'i who currently access Nihoku,could be harmed. 1-4-4 (5):Other Means ofProtecting Petitioner's Interest There are no other means available through which the petitioner's unique interest can be protected over the course of the potential proceedings.Na Kia'i o Nihoku were asked,in the initial hearing on this application,to engage m negotiations with the applicant to agree upon acceptable conditions related to the proposed development,in the process serving as representatives ofcultural and community concems.Members ofthe organization have dedicated over 170 hours over the past month since September 14th in an effort to reach agreement with the applicant,but Na Kia'i o Nihoku has received no response to conditions offered September 26th as ofMonday October 18th. 1-4-4 (6)and (7):Representation of Petitioner's Interest by Other Parties The petitioner's interest is unique and there are no other existing or potential parties that have the standing,background,history,perspective and goals to represent the petitioner's interest.Our intervention will aid in the development ofvital aspects ofthis matter not 10 represented by other intervenors or other parties.We are not aware of any other existing or potential parties to the potential proceedings representing rights of cultural practitioners or the well-being ofthe general public. 1-4-4 (8):Development ofa Complete Record Na Kia i o Nihoku's intervention will aid in these proceedings by providing additional information on traditional and customary practices in this significant area,as well as climate change impacts in order to assist in the development of a complete record on this issue.Our participation will enhance the understanding of these issues as they pertain to uses and activities within the Special Management Area and Special Treatment District impacted by the requested permits. 1-4-4 (9):Impact on the Proceeding The petitioner's participation will help to: a)Fully inform the proceeding; b)Ensure the requirements of the Coastal Zone Management Act 205A are met; c)Ensure the requirements of the County of Kaua'i,Special Management Area Rules and Regulations are met;and d)Ensure the need of the Special Treatment District area are met. e)Ensure that the County of Kaua'i Planning Commission and Planning department meet their affirmative consitutional obligations to protect traditional and customary practices. The petitioner's intervention in this matter will not unreasonably delay the proceeding, and it will serve the public interest by providing evidence-based information documentmg traditional and customary practices. The petitioners'intervention will also serve the interest of the County of Kauai's Department ofPlanning to assist in having a complete record to ensure the accuracy of any future permits issued in the areas surrounding Nihoku,and to ensure that affirmative obligations to protect traditional and customary practices are met. 1-4-4 (10):Impact on the Public Interest As evidenced by over 1 60 testimonies received from the public in opposition to the proposed project on the occasion ofthe initial September 14,2021 Planning Commission hearing,Kaua'i community members,particularly those from the Kllauea area,care deeply about the scenic,ecological and cultural integrity of Nihokii and value views and experience ofthis areawithin their families across generations.Nihoku provides aneededspaceofpeace and place ofrefage for the community to leam about Kilauea,spend time together,reconnect, and replenish.The subject parcel is the most sensitive and potentially impactfiil ofall the building sites within SeacliffPlantation,and possibly in all ofKllauea,because it is the highest and closest to areas ofNihoku still easily and regularly accessed by community members. Testimonies also expressed appreciation and concem for the biids,sea birds and other species regularly sighted at Nihoku. 11 As proposed,the home will irreparably alter the views and experience ofNihoku for all who love this area,and potentially threaten vital sea bird habitat.Because the petitioner is knowledgeable ofboth the cultural and ecological significance ofthis area,and because the petitioner has a record of and unique permit to host and educate the public within the area, the petitioner s participation in the proceeding would serve the public interest.Protection of traditional and customary practices is also enshrined in Hawai'i's constitution and integral to upholding the character of our islands for all who live here. Conclusion: For the reasons cited above,Na Kia'i o Nihoku respectfiilly requests that the Commission grant its petition for status as an mtervenor in proceedings for the Special Management Area Use Permit,Use Permit &Class IV Zoning Permit for SeacliffPlantation Lot 11-A for development ofsingle family home,TMK 52004084000. Na Kia'i o Nihoku has designated Mehana Vaughan,Na Kia'i o Nihokii member,to act as its representatives in this intervention. Respectfully submitted, 1V^u WM^'f'uf'— Mehana Blaich Vaughan Nicole Hoku Cody Jessica AK Fu 12 PAUL ALSTON 1126-0TIMOTHY H. IRONS 10351-0DENTONS US LLP1001 Bishop StreetSuite 1800Honolulu, FiI 96813Telephone: 808 524 1800Facsimile: 808 524 4591Email: paul.alston@dentons.comtim. irons@dentons. comAttorneys fol ApplicantsPHILIP J. GREEN AND LINDA MGREENIn the Matter of the ApplicationofPHILIP J. GREEN ANd LINDA M. GREEN,Trustees of the Philip.I. Green, Jr. Trust, datedDecember 4,201,8, and the Linda M. GreenTrust, dated December 4,2018, for a SpecialManagement Area Use Permit, a Use Permit,and a Class IV Zonrng Permit for SeacliffPlantation Subdivision Lot 11-A fordevelopment of the real propet'ty situated inKilauea, Kauai, Flawaii, identified by KauaiTax Map Key No. (4) 5-2-004:084 (CPR No.0001)COLINTY OF- KAUAI PLANNING COMMISSIONSTATE OF HAWAIISMA (U)-2022-1; USE PERMIT No. U-2022-I; CLASS IV ZONING PERMITNO. Z-N-2022-rAPPLICANTS PHILIP .I. GREEN ANDLINDA M. GREEN'S OPPOSITION TONA KIA'I O NIHOKU'S PETITION TOINTERVENE; DECLARATION OFTIMOTHY IRONS; EXHIBITS "1"AND ..2,,; CERTIFICATE OF SERVICEHBARINGDATE:TIME:October 26,20219:00 A.M.APPLICANTS PHILIP J. GREEN AND LINDA M. GREEN'S OPPOSITION TONA KIA'I O NIHOKU'S PBTITION TO INTERVENEApplicants Philip J. Green and Linda M. Green ("Applicants"), submit this Opposition to NaKia'i o Nihokfl's ("Petitioners") petition to intervene ("Petition") on the application of SpecialManagement Area Use Permit (SMA(U)-2022-l), Class IV Zoning Perrnit (Z-IV-2022-1), andUse Perrnit (U-2022-1) for the construction of a farm dwelling unit, guest house , garage andUS Active\1 1961 3159V-2 associated site improvements within Lot 1 1-A of the Seacliff Plantation Subdivrsron("Subdivision") in Kilauea (the "Dwelling").The Petition is untimely and Petitioner has not rnet the County's requirements forintervention and should be denied. The only individual identified in connection with Petitioneris Mehana Blaich Vaughan ("Vaughan"). While Ms. Vaughan has generalized interests inmaintaining public access to and use of the Kilauea Point National Wildlife Refuge("KPNWR"),her interests ale clearly not distinguishable fiom the general public and, mote impoftantly, areunaffected by the Dwelling.I. THE PETITION TO INTERVENE IS UNTIMBLY AND SHOULD BE DBNIED.Commission Rule I -4-3 states that petitions to intervene " . . . sliall be filed with theCommission at least seven (7) days prior to the Agency Healing for which notice to the publichas been published pursuant to law." The scheduled hearing on this matter was set forSeptember 74,2027 at 9:00 a.m. Any petition for intervention, therefore, had to be filed bySeptember 7 , 2021 at 9:00 a.m. Petitioner's Petition was not filed until October 19 , 2021 .Accordingly, Petitioner's Petition is untimely and should be denied.There is no good cause for granting Petitioner's untimely request. Applicants presentedthe Dwelling to the Kilauea Neighborhood Association ("KNA") iu December of 2020. Storypoles were placed on the property so that the community could see the visual effect of theproposed residence. Applicants invited members of the community, including Ms. Vaughan, totour the site and answer questions about the ploject. Ms. Vaughan, in fact, touled the site. AfterMs. Vaughan's site visit, on May 31,202I, Petitioner provided written comrnents on theDwelling. See Planning Comrnission, September 14, 2021 Agenda Packet, Exhibit M.1US Active\1 1 961 31 59V-2 Nevertheless, the KNA Boald voted unanimously to approve the forthcoming the Dwellingapplication.On August 13,2021, Petitioner was put on notice of the Agency l-learing on the Dwellingapplication. The Notice conl'rrmed that any petition to intervene must be filed seven (7) daysprior to the Agency Hearing. Accordingly, Petitioner has no excuse for waiting until theeleventh hour to file this Petition and cannot show good cause for granting its untimely Petition.II. PETITIONER HAS NOT MET THE REOUIREMENTS FOR INTERVBNTION.The Planning Cornmission's Rules of Practice and Procedure, 1-4-1, states:Who May Intervene. All Persons who have hold interest in the landwho lawfully reside on the land, or who can demonstrate that theywill be so directly and immediately affected by the proposedapplication that their interest in the Ploceeding is clearlydistinguishable fi'om that of the general public shall be adrnitted as aParties-Intervenors upon timely application for intervention.Petitioner does not hold an interest in the land and, thelefore, must demonstrate that it will bedirectly and immediately affected by the Dwelling and that their interdistinguishable fi'om the genqalpub.liq. Petitioner has not rnet its burden.A. The Dwelling Satisfies Zoning and SMA RequirementsApplicants seek approval of a personal residence within a twelve (12) plus acresubdivided lot. Lot l1-A is zoned Open Space (O) and is entitled to a maximum lot coverage of10%, which is approximately 53,600 square feet. The Dwelling clearly satisfies the densityrequirements. See August 25,z}2lDirector's Report ("Director's Report"), p.6. The Dwellingfeaturesthree(3)bedrooms,threeand ahalf (3-112) baths, agreatroom, library,rnediaroom,kitchen, panty, laundry area, portico and two lanais. [d.,p.3. The main dwelling internal livingarea is approximately 4,500 squale feet, not including the covered lanais. This is consistent withJUS_Active\1 1 961 31 59V-2 other dwellings within the Subdivision and makes up less than 1% of the overall 536,006 squarefoot lot area.An October 2021 Archeological Field Inspection was prepared by Exploration AssociatesLtd. ("EAL"). Declaration of Timothy H. Irons ("Irons Decl."), Exhibit 1. No culturalresources or historic properties were found anywhere within the project area. . Id. EALrecommends no further archaeological work for the proposed ploject. 1d. Likewise, Petitionerhas not identified any historical or cultural resources in the ploject area.While the twelve (12) plus acre property is adjacent to the KPNWR, the Dwelling willhave no perceptible impact on the coastal ecosystem. Director's Report, p. 9. The pro.ject willnot restrict any public access to the shoreline ol othel recreational areas. Id. And, "[t]hedevelopment will not have any substantial adverse environmental or ecological effect." kl.,p.10. Accordingly, the Dilector's preliminary recommendation is to approve the Dwelling withstandard permit conditions. Id., p. ILB. Petitioner Has Not Shown An Interest Distinguisltnble From Tlte GeneralPublicPetitioner claims an interest in accessing and protecting the birds within the adjacentKPNWR, as well as generalized aesthetic concerns. These are corlcerns shared by the generalpublic, including the Applicants. Contrary to its claims otherwise, Petitioner was only forrned inNovember of 2020. Irons Decl., Exhibit 2. Given its recent fbrmation, Petitioner's interests arenot long-standing but of recent origin. Petitioner's members are not identified by name or evenby number in the Petition except for Ms. Vaughan. Therefore, the interests of any unidentifiedrnembers cannot be evaluated. Ms. Vaughan's concerns about access, resource protection andaesthetics are all generalized concerns and do not support intervention. The fact that Petitioner's-4-US_Active\1 1 961 31 59V-2 concerns are similar to those of the majority of public commenters demonstrates that they are notunique or distinguishable.C. Customary and Traditional Native Hnwaiian Practices Will Not Be Directly andhtunediately Afficted By TIte DwellirtgA customary and traditional native Hawaiian plactice cannot be a recent practice claimedto exist based upon opposition to a proposed development. See In re Contesled Case Hecrring reConservation Disl. Use Application (CDUA) Ha-3568 for the Thirty Meter Telescope al lheMauna Kea Sci. Res.,I43 Hawai'i 379,431 P.3d 152 (2018) ("[BLNRI correctly concluded thatthe two ahu constructed on the TMT Access Way in 2015 as protests against TMT are notprotected as Native Hawaiian traditional or customary rights.") Many of the people who foughtthe original Seacliff Plantation Subdivision are also involved in the preservation of Nihoku. Theinterests that Petitioner seeks to protect are those that arose out of general opposition to theSubdivision and ale of recent origin.Observing, protecting and restoring nature, story-telling, dancing and singing areinterests that the public atlarge shares and, as far as Nihok[ is concerued, are not traditions ofcthupuct 'a tenants that were carried down over generations.l During the Great Mahele of 1848,I In Kd Pa'akai o Ka 'Aina v. Land (Jse Comm'n,the Hawaii Supreme Court set out an analyticalfi'amework "to help ensure the enforcement of traditional and customary Native Hawaiian rightswhile reasonablv accommodatinqcomoetins nrivate develonment interests." 94 Hawai'i 31, 35,7P.3d 1068, 1,072 (2000) (emphasis added). We held that in order to fulfill its duty to preserveand protect customary and traditional Native Hawaiian rights to the extent feasible, as requiredby Article XII, Section 7 of the Hawai'i Constitution, an administrative agency must, atminimum, make specific findings of fact and conclusions of law as to the following: (1) theidentity and scope of valued cultural, historical, or natural resources in the relevant area.including the extent to which traditional and customary Native Hawaiian rights are exercised inthe area; (2) the extent to which those resources - including traditional and customary NativeHawaiian rights - will be affected or irnpaired by the proposed action; and (3) the feasibleaction, if any, to be taken by the agency to reasonably protect Native I-{awaiian rights iI'they arefound to exist. Ka Pa'akai, 94 Hawai'i a! 47 ,7 P .3d at 1084 (ernphasis added).-5-US_Active\1 1 961 31 59W-2 tlre Kilauea Ahupua'a was letained as Govelnment Lands and there were no land commissionawards for tenant land clairns. Irons Decl., Exhibit I . As far back as the late 1 800s and until the1 970s, the area was used as a plantation. Id. , pp. 4-5 ("ln January I 863, a former Americanwhaler named Charles Titcomb purchase the entire ahupua'a of Kilauea. . . ft]he KilaueaPlantation, begun in 1863 by Mr. Titcomb, became a sllgat' estate in l8l7 ...") While records donot identify cultivation on the hill, the parcel may have been used as pastureland. Id., p. 13.After the formation of the KPNWR in 1985 and the dedication of 100 acres of Nihok[ tothe wildlife refuge by the Seacliff Plantation Subdivision, birds have been introduced to the areaand flourished along the cliffs. Public access to the KPNwR-affor'ded through theSubdivision-has permitted the general public to enjoy, develop and maintain the refuge.Recent development and rnaintenance of the National refuge is a broad public interest, not atraditional and customary Native Hawaiian practice.More impofiantly, the Dwelling will not impact the KPNWR or impair access to therefuge. The Dwelling is situated well inside the building setback line. This setback was put itrplace during the Seacliff Plantation Subdivision approval primarily to plotect views. As part ofthe public outreach, the Applicants agreed to move the Dwelling buildings down the hill, sixty(60) feet below the setback. The Dwelling's siting (as well as desigrr features and downwarddirected lighting) mitigates any effects on the birds and their habitat and on views.Public access, including access provided to Petitioner's members, allows for the use ofNihoklr for all of the practices that Petitionel claims will be impacted. Petitioner's members willcontinue to plactice slar gazing bird watching, hula, mele, oli as well as their land stewardship.A careful reading of the Petition dernonstrates that Petitioner's claims fundamentally are-6-US Active\1 19613159V-2 aesthetic. Petitioner claims its practices are impacted based on the mere existence of theDwelling, which is located well below the botton-r half of the hill.Even if Petitioner could establish a traditional and customary Native I-lawaiian practice intlre relevant arca (which it has not done), such a practice would not be impacted in anysignificant way by the Dwelling. The fact that Ms. Vaughan desires the hill to be fi'ee ofdevelopment is not a cognizable property interest. Indeed, "unilateral expectations of aestheticand environmental values do not constitute a protectable property interest." See Sandy BeachDefense Fundv. City Council of Honolulu,T0 Haw. 361,773P.2d250 (1989). Denial ofPetitioner's untimely Petition, therefore, is appropriate.III. PBTITIONER SHOULD NOT BB GD PR,RMISSIVE, INTITRVENTIONLeave to intervene may be granted where (1) the intervenol has a position diffelent fromthe Party-lntervenor already admitted, (2) the admission of the intervenol won't render theproceedings inefficient or unmanageable and (3) the intervention will aid in the development of afull record and will not overly broaden issues. Planning Commission Rule l-4-2.Petitioner has not sought permissive intervention and, on that ground alone, any laterequest to perrnissively intervene should be denied. No party has timely intervened in thisproceeding, so the first factol of permissive intervenlion cannot be met. Granting the Petitionwill create umecessary burdens and inefficiencies on a proceeding that has already providedPetitioner significant opportunities to be heard, particularly considering the limited nature of thedeveloprnent.As noted above, Applicants first ploposed the Dwelling in Decernber 2020 to the KNA.Petitioner's members were afforded multiple opportunities to comment and be heard on theproject during the KNA review and Ms. Vaughan's detailed May 3l,202l contrnents are-7US Active\1 1 9613159V-2 included in the Planning Commission record. Aftel n-rany months of input fi'orn neighbors, theKNA Board unanimously approved the Dwelling.In.Iune of 2021, the Applicants submitted the Dwelling application to the PlanningDepartment. In connection with the Noticed Agency Hearing on September 14,202I, manypublic cornments were submitted on the Dwelling ploject2, iircluding those of Ms. Vaughan. Asa result of this outreach, the Applicants have already agreed to move the Dwelling lower downthe hill, closer to the access road and farther away fi'orn National refuge.The Applicant has pelrnitted Petitioner's representative to visit the site and express herconcerns. In lesponse, Ms. Vaughan dernanded that the Applicants relocate the development to adifferent CPR Unit, give up their right to build a second dwelling, significantly reduce theproject's density as well as to plovide funding to third parties. Despite this overreach,Applicants offered to relocate the building site even further below the building setback line but,to date, Petitioner has not been responsive to this compromise. Petitioner has been afforded afull and fair opportunity to be heard and denial of the Petition will not violate due process.2 Through a Ka Pa'akai analysis, the Planning Department is thoroughly reviewing the publiccommenters' concerns. This review will be plesented to the Planning Cornmission and will bepart ofthe record.US_Active\1 1 96 1 3 1 59V-2-8 IV. CONCLUSION. tThe Petition is untimely and fails to satisfy the Planning Commission's standards forintervention. The Petitioner and Ms. Vaughan have been afforded a full and fair opportunity tobe heard. Granting the Petition will unreasonably prolong the process and add nothing to therecord. The Petition should be denied.Dated: October 26,2021DENTONS US LLPByTimothy H.IronsAttorneys for ApplicantsPHILIP J. GREEN AND LINDA M.GREENUS_Active\1 1 961 31 59V-2-9- IN TI{E CIRCUIT COURT OF TI]E, FIRST CIRCUITSTATE OF HAWAIIIn the Matter of the ApplicationofDECLARATION OF TIMOTHY H.IRONS IN SUPPORT OFAPPLICANTS PHILIP J. GREENAND LINDA M. GRBEN'SOPPOSITION TO NA KIA'I ONIHOKI]'S PETITION TOINTERVENEPHILIP J. GREEN ANd LINDA M. GREEN,Trustees of the Philip J. Gleen, .lr. Trust, datedDecember 4,2018, and the Linda M. GreenTrust, dated December 4,2018, fol a SpecialManagernent Area Use Perrnit, a Use Permit,and a Class IV Zoning Permit for SeacliffPlantation Subdivision Lot 11-A fordevelopment of the real propelty situated inKilauea, Kauai, I-lawaii, identified by KauaiTax Map Key No. (4) 5-2-004:084 (CPR No.0001)DECLARATION OF TIMOTHY H. IRONSI, TIMOTHY I{. IRONS, do hereby declale and state under penalty of perjury that thefollowing facts are true and corlect:1. I am an attorney with the law firm Dentons US LLP, counsel for APPLICAN'|SPHILIP J. GREEN AND LINDA M. GREEN ("Applicants") in the above-entitled rnatter.2. I rnake this declaration in support of Applicants' Opposition to Nd Kia'i oNihok['s Petition to Intervene3. Attached as Exhibit I is a true and correct copy of the October 2021Archeological Field Inspection of Lot 1 1-A of the Seacliff Plantation Subdivision by ExploratioriAssociates Ltd..4. Attached as Exhibit 2 is a true and correct copy of a Department of Commerceand Consumer Affairs, State of Hawaii, summary of business information for to Na Kia'i oNihokl tliat I dowrloaded on October 19,2021.US_Active\1 1 961 31 59V-2 5. I hereby declare under penalty of perjury that the information in this declaration istrue, correct and complete to the best of my knowledge, information and belief.EXECUTED: Honolulu, Hawai' i, October 26, 202I.TIMOTHY H. IRONSUS Active\1 196131 59V-2 EXPLORATIONSSOCIATES LTI)Consulting Archaeology - Historic Preservation Issues - Cultural Impact Assessments - Genealogy Research-Land Use Planning - Construction - Project Management3-2600 Kaumualii Hwy 1300 - #306 LIHUE, KAUAI' Hl 96766CELL : (808) 639-6695 : Email : exuloratio n associa tes(ri)eqtleqh.celnArchaeological Field lnspection forOwners: Philip and Linda GreenKilauea Ahupua'a, Ko'olau District, lsland of Kaua'iTMK (4) 5-2-004: 084Nancy McMahon, M.A., M.S.October 2021At the request of the landowners Philip, and Linda Green, Exploration Associates Ltd.'s (EAL)Nancy McMahon, M.A., M.S., Principal lnvestigator completed the field inspection under Hawai'iState Historic Preservation Division/Department of Land and Natural Resources (SHPD/DLNR)permit number 2l-'2 per Hawai'i Administrative Rules (HAR) Chapter l3-13-282 for by KauaiTax Map Key No. (4) 5-2-004:084 (Figures l, 2 and 3). The field inspection was for the entire12.305 acres.Philip and Linda Green are proposing to construct a single-family dwelling unit, guest house,garage, pool, rock retaining walls, site grading, agricultural and landscape plan, driveway, fencing,outside shower, and associated utilities on Lot I l-A Makana'ano Place of the Seacliff PlanationSubdivision. The property is described as Lot I l-A of the Seacliff Plantation Subdivision, locatedin Krlauea, Kauai, Hawaii, identified by Kauai Tax Map Key No. (4) 5-2-004:084 (CPR No.000l).The existing building setback contains approximately 7.934 acres, provided, the entire Lot I I-Aconsists of I 2.305 acres. The Greens also own the adjacent CPR Unit No. 2 within Lot I l-AMakana'ano Place. Figure 4 is the topographic survey of the existing building setback line area.Figure 5 is the house site plan. Figure 6 is an overlay of the house plan on a google aerial.The parcel is north of KTlauea Town the Seacliff Plantation Subdivision. The Seacliff PlanationSubdivision is a planned community located between the town of the Kllauea and the KilaueaLighthouse. The parcel slopes upward from approximately 360 feet above mean sea level ("msl")at its south (maul<a) end to sea level to about 420 feet above mean sea level at the north (makai)boundary. The parcel is adjacent to lots owned by the 203-acre Krlauea National Wildlife Refugealong the north (mal<ai) and east.The U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS) conducteda soil survey of the project site (Figure ). Most of the parcel is composed of soils categorized asLhD (Lihue silty clay, l5 to 25 percent slopes) (8.9 acres) (NRCS 2021). The remaining area ismade up of LhE2 (Lihue silty clay, 25 to 40 percent slopes) (2.9 acres) and LhC (Lihue Silty clay,8 to I 5 percent slopes) ( 1.6 acres) (NRCS 2021) (Figure 7).The parcel is indicated to receive approximately 60 inches of annual rainfall, with increased rainfallat higher elevations (Giambelluca et al. 1986). There are no natural waterways, such as streams,Applicant's Name: Owners: Philip and Linda GreenProjecr: Field lnspection for SMA Use. Use and Zoning PermitMakanalarlqPL,l(!4ca_d-.krEXHIBIT''1" within the project site. The Pacific Ocean is 600 feet from the parcel at the base of steep cliffs ofthe USFWS the KTlauea Point National Wildlife Refuge lands.Most of the parcel is in pasture grasses with the upland mid-section in fruit tree. Pasturegrasslands dominated by introduced species (e.9., saltgrass (Distichlis spicota), Kikuyu grass(Cenchrus clondestinus), open-understory shrublands non-native species (e.g., lantana (Lantonacomara), koa haole (Leucaena leucocepholo), Guinea grass (Megothyrsus moximus), lronwood(Cassuarina equisetifolia), Christmasberry (Schinus terebinthifolius), and Java plum (Syzgiumcumini). Existing conditions around the project site involve noticeable runoff and erosion aftermajor rain events at the top slopes of the mid-section of the properq/.During the field inspection Nene were walking around in the pasture grass. ln partnership withthe State Department of Land and Natural Resources (DLNR) and USFWS Ecological Services,38 nene were reintroduced to Crater Hill on the Refuge between l99l and 1994. By 2002, thepopulation was estimated to be 238 birds (USFWS 2004). ln 2011, the population estimate forHanalei, Princeville, and Kilauea Pointwas 791-81 I birds. The author does not knowthe currentpopulation estimates. No other wildlife was seen that day.TRADITIONAL AND HISTORICAL BACKGROUNDThe Land of KilaueaThe parcel lies on themokoi(seaward) portion of the traditional Hawaiian land division of KilaueaAhupua'a. The name "Kllauea" is understood as meaning "spewing, much spreading" (Pulcui et al.1974:l ll). ln the case of the best known "KTlauea" at Ka'u District, Hawai'i lsland (HawaiiVolcanoes National Park), the name is typically understood as referring to volcanic steamclouds or aerial fountains of volcanic eruptions. Wichman (1998:102) explains the name asreferring to "spewing many vapors" and traces it rather generically to the streams of KTlauea thatflow between the Makaleha Mountains and the Kamo'okoa Ridge. The name may haveoriginally been in reference to KTlauea Falls itself. The relatively large volume of water flowingover a relatively wide and high drop against the prevailing trade winds (blowing approximatelystraight up the lower stretch of the valley) can create a large volume of diffuse mist that may haveinspired the name of the land. We see some support for this theory in that the portion of KTlaueaStream that lies within Kahili Ahupua'a (which does not include Kilauea Falls) was evidentlyuniversally called Kahili Stream by Hawaiian residents in that area. The name could however bein reference to the sea spray at Kllauea Point and the Crater Hill cliff-or it could be in referenceto all the above.Mythological and Traditional AccountsAn exhaustive search of Hawaiian legends and myths in print produced only four mythologicalreferences.Applicant's Name: Owners: Philip and Linda GreenProject: Field lnspection for SMA Use. Use and Zqning-Permtlslllakarra_a-n o-P!., Kilauea_d^ty.lt- Dole (1892) relates a somewhat vague account that at Killauea there were the remains of threelong, ancient, and parallel irrigation ditches attributed by the Hawaiians to the claw marks of amo'o (lizard, reptile). "The lizard had been ordered by fthe famous ruling chiefl Mano-ka-lani-poto open KTlauea's upper regions for agriculture" (Wichman 1998:102). ln context, the mob isassociated with the "brave lizard" Ka-mo'o-koa, after whom a ridge of the Makaleha Mountainsis named.Wichman ( I 998: 102) relates an account (which may have originated in a 1939 story contest-Juliette Ferreira's "Pele the Goddess of Fire"-for the Martha W. Beckwith Prize, KamehamehaSchool for Girls) that near the top of a volcanic cone open to the ocean:Once stood three huge stones that have since been moved, with great difficulty,to make room for sugarcane. These three stone sisters of great beauty, were awarning that Pele, the volcano goddess, was not to be trifled with. . . . Pele [seekingto establish a home for herself and her Kaua'i lover Lohiau] caused an eruptionhere, but it was soon extinguished when the sea goddess fNa-maka-o-kaha'i]broke down the walls of the crater, drowning the fire with the ocean. The laughterof the three beautiful sisters enraged Pele. They had seen Pele defeated andshamed. Their scorn was not to be endured. "What are your names?" Pele asl<ed.And one replied "l am Kalama, this is Pua, and this is Lahela." Pele repeated theirnames, touching them with her staff as she did so, turning them to stone. Theywere a mute and visible warning not to laugh at or ridicule Pele. fWichmanI 998: I 031ln a slight variant of the story, Pele is motivated by jealousy of the three girls' beauty and by fearthat they will make Lohiau fall in love with them, and thus she turns them to stone to protecther love interest.A third mythological account of Kllauea related by Rice (1923; see also Wichman 1998:104)concerns the creation of a swath of boulders between the islet of Moku'ae'ae and Kflauea crater:Traveling on the Menehune moved a big stone to Kahili, below Kllauea, which theyused to dive from. At Mokuaeae, the island offthe present Kllauea lighthouse, theybegan to fill in the channel between the island and the mainland. They were justable to touch the bottom with a paddle when morning dawned, and their task wasleft unfinished. [Rice 1923:38]The Story of Lonomakahiki is a passing reference to the ruling chief Lonoikamakahiki travelingwith a companion at Kflauea and Kalihi (Kalihiwai, Kalihil<ai), Kaua'i. The account makes referenceto "days of hunger," in which their hunger was appeased by eating the ripe flowers (or possiblyfruit) of pandanus trees ("he/e aku o oi i ko pua polo o ka holo, holo io lo poloi o ka uo iloilo, e ka hoa,he hoo i ko nahele louhalo loloo, moi Krloueo o Kolihilo"). The account emphasizes the great louholotracts and "the heavy and wind-blown rain, the ceaseless and general rain" (Fornander l9l7:358-359). The "ae-kai" is said to be the name of a wind specific to the vicinity of Mol<u'ae'ae lslandApplicant's Name: Owners: Philip and Linda GreenProject; Field lnspection for SMA Use. Use and Zoning PermitgMakana'ano Pl.-K-rlauead--MT and "rhe Wai-mio is the wind of KTlauea" (Aikin 1988:7). The wind name for the Ko'olau Districtof Kaua'i between Moloa'a and Kalihikai was the "Kiukainui" (Nakuina 1990:54).Mahele Recordsln the great land division, or Mahele, of 1848, Kllauea Ahupua'a was retained as GovernmentLands. ln the records for Land Commission Awards, there are no entries for commoner landclaims associated with Kllauea Ahupua'a.While no commoner Land Commission Awards (LCAs) are listed in Kilauea Ahupua'a, elevenawards are clustered along the south side of Kllauea Stream in adjacent Kahili Ahupua'a. Most ofthese commoner Land Commission Awards lie in a low, wide terrace next to the stream,evidently well-watered and well suited for maintenance of taro lo'i.It is unknown why there were no commoner kuleono land holdings within Kilauea Ahupua'a atthe time of the Mahele (1848) and the following Kuleana Act. There was, however, a pattern atthetimeofthedivisionof landsinwhichthelandoverseers (konohiki) oftentriedtopresenttheiroverlord o/i'i with undivided tracts of land, believing that to be in the best interests of theirmasters. Therefore, it could be that there was a systematic pattern to discourage commoner landclaims in Kilauea Ahupua'a. lt certainly seems odd that there was not a single claim in what shouldhave been a well-populated ohupua'o.The land claims just south across Kilauea Stream (universally referred to as "Kahili Stream" inthe land records of claims within Kahili Ahupua'a). While these are all outside the parcel (indeedoutside of Kilauea Ahupua'a), they offer insight into such Hawaiian occupation as may have existedwithin Kilauea Ahupua'a and yet gone unrecorded in the Mahele-era land documents. Virtually allclaims involve a house lot (understood as a permanent residence) and a few irrigated pond fieldsfor taro cultivation (lo'i). Several claims mention "kLtlo," which in this context probably refers bothto pasturage and areas of dry land cultivation (with wouke specifically mentioned as a ku/o crop).Other specific cultigens mentioned are the bark-cloth plant wouke, noni, and orange trees.Late 1800sThe History of Krloueo Plontotionln January 1863, a former American whaler named Charles Titcomb purchased the entireahupuo'a of Kllauea amounting to approximately 3,016 acres from Kamehameha lV for $2,500(Grant 2896) (Figure 8). This land grant included the present parcel. By this time, CharlesTitcomb was already a veteran of several enterprises at Koloa, Hanalei, and Kilauea,Kaua'i, including efforts to cultivate silkworms, coffee, tobacco, sugarcane, and cattle. Heexpanded his holdings to the west through further purchases within the next couple of years.The Kllauea Plantation, begun in 1863 by Mr. Titcomb, became a sugar estate in |1877when Captain John Ross and E. P. Adams, in partnership with Titcomb, purchased much of theland and leased another substantial tract (Ailcin 1988: l9). Titcomb and his family continuedto be involved in the plantation. He, his Hawaiian wife, and two of his eight children are buriedin a family plot near his former home behind the KTlauea Elementary School.Applicant's Name: Qrclcrsi-PhiLiPand LlndaProiect: Field lnspeetjonlsr SMA Use. Use and ZonMakana'ano Pl.. Kilaue3*s*$&r The Kllauea Plantation "was one of the smallest plantations in the Hawaiian lslands operating itsown sugar mill" (Cond6 and Best 1973:159). ln 1881, a railway was begun, and Princess LydiaKamakaeha (Lili'uokalani) drove in the first spikes for the railroad bed. The plantationinfrastructure grew over the next twenty years. An article from the San Francisco Chronicledescribes the system:Transportation system consists of l2 and a half miles of permanent track,five miles of portable track, 200 cane cars, six sugar cars and fourlocomotives. Kilauea is situated three miles from the landing at Kahili, withwhich it is connected by the railway system. Sugar is delivered to the steamersby means of a cable device at the rate of from 600 to 800 bags an hour. Mr. J. R.Meyers was the plantation manager. lSan Froncisco Chronicle, July 18, 1910, inCond6 and Best 1973:1521The plantation employed Chinese and Portuguese workers. ln the 1880s, KTlauea SugarCompany began major modification of water resources in the uplands with dams,reservoirs, ditches, and flumes (oesting 1984). This may have had a major damaging effecton /o'i kolo downstream and possibly signaled the end of large-scale native agricultural practicesin Kllauea and vicinity. The Kllauea Plantation Company started to be managed by C. Brewer andCompany in 1910, and C. Brewer took over the controlling interest in 1948. The KilaueaPlantation Company continued to operate until l97l .The Monsarrat map of "Kaua'i Between the Kalihikai and Moloaa Streams" ( 1892) shows theplantation infrastructure in place at that time. Overlays indicate that the "GovernmentRoad" lies at approximately the same elevation as the older "Hanalei Road" and the presentKuhio Highway-wellmouko of the parcel. The railroad, begun in 1881, and the Ko'olau Ditchare shown running from the mill at Kllauea as far as the east side of East Waiakalua,terminating near the Government Road well mouka of the present parcel.Part of this Kllauea Plantation Company rail system passed by Kahili Quarry on the way to an off-loading station at Mokolea Point, where raw sugar was cabled down to transport ships (Site #50-30-04-l8ll). Kahili Quarrywas located on KTlauea Bayatthe mouth of KTlaueaStream, about500 m southeast of the parcel. Rocl< from the quarry was hauled by rail car and later by truckthrough the plantation fields, where it was used to reinforce the field roads (Fredericl<sen andFredericl<sen 1989:8). The road to the landing ("Quarry Road") ran approximately 400 m east ofthe present parcel in I 892.ln 1938, trucks were employed to transport harvested cane, and by 1942, the rail system wasabandoned entirely (Conde and Best 1974). Sugar continued as a crop until 1971, when KilaueaSugar Co. was terminated (Custodial Chronology of the Sandy Saemann Property, KTlauea, Kaua'ir e8e).A l9l0 U.S. Geological Survey Map, KTlauea Quadrangle shows the plantation infrastructure andother development in the vicinity of the parcel at that time. The road out to Mol<olea Point ranalong the south side of the parcel.Appl ican t's Name: Own ers: Ph i lip-and t-tndaGreetProject: Field lnspection for SMA Use. Use and Zoning PermitsMakana'ano Pl.. Kilauea*d*&s, A I 930 map (Figure 9) of the Kllauea Plantation (Conde and Best 1973:159) shows the plantation'ssugar cane fields and associated infrastructure. The map indicates that sugar was not cultivatedwithin the parcel, (sugar fields are labeled by number). The map also shows the plantation railline heading from Kilauea Town to the landing at Mokolea Point east of the present parcel.According to the State Department of Health Environmental Health Environmental Geographiclnformation System Historic Sugarland Map View, no cane was ever grown on this property. ltwas well below Makana'ano Place (Figure l0).Rice Production ot Ktloueo StreomConcurrent with the sugar plantation was the introduction of the first train. By the 1890s, muchof the old ko/o-growing areas of this portion of Kaua'i were now producing rice, farmed byChinese immigrants. There were 55 acres of land in rice production in the Kilauea-Kahili area in1892 and eventually a rice mill on Kllauea Stream (Char and Char 1979). While it is understoodthat this rice mill was begun by Chinese, it clearly went into Japanese management. The mill isl<nown to have been on the stream terrace east of KTlauea Stream. Rice and vegetable cultivationis also indicated along the banks of KTlauea Stream circa 1925.PREVIOUS ARCHAEOLOGICAL RESEARCHFew archaeological studies of land near the boundaries of the subject property have beencompleted. Archaeological studies within and in the vicinity of the parcel are summarized inbelow. More detailed discussion of some of the more pertinent studies is included.Thrum ( I 906) Heiau StudyThomas Thrum compiled the first systematic listing of Kaua'i lsland archaeological sites in hisstudy of "Heiaus and Heiau Sites Throughout the Hawai'i lslands" (Thrum 1906:36-44). ln thevicinity, he briefly described four heiou: Pailio at central Kllauea, Kapinao and Kapuohaua'e atWaiakalua, and Kipapa at Kahili, as follows:. Pailio-Central Kilauea: a round heiau of about 100 ftdiameter; class unknown; site covered in cane field. Kapinao-Waialcalua-east: a large heiau of about 200 by 400 ft,high walled and stone paved; still in existence; of po'ol<anakaclass. Kapuohaua'e-Waial<alua-ulca: a small, round heiau, paved,with hiSh walls; of husbandry class; still standing. Kipapa-Kahili: a large heiau of some 300 by over 100 ft in size,paved, with walls five feet high; standing in cane field in partialruinApplicant's Name: Owners: Philip and Linda GreenProject: Field lnsoection for SMA Use. Use and ZoninSJ-ermtlcMakanalano PL,lalauce*s*$e Bennett (1931) SurveyDuring his 192811929 landmark survey of the island of Kaua'i, Wendell Clark Bennettidentified five sites (Sites 129 to 133) within the Ko'olau District of Kaua'i between Pila'a to theeast and Kalihiwai to the west including: Site 129, Kapinao Heiau, in Waiakalua Valley;Site I 30, taro terraces, in East Waiakalua and West Waiakalua valleys; and Site I 3 I , house sites,in East Waiakalua and West Waiakalua Valleys and on the ridge between. Also, in KTlauea,Bennett described two heiou sites: Site 132, Kipapa Heiau and Site 133, Pailio Heiau. Bennettdescribed Site 132, Kipapa Heiau, as follows:Site 132. Kipapa heiau, on the end of the first bluff east of Kllauea River in Kahilisection. Described by Thrum as "A large heiau of some 300 by over 100 feet insize, paved, walls five feet high, standing in cane field in partial ruins." Since thattime the stones have been removed. [Bennett 193 l: I 33]U.S. Geological Survey maps indicate Kipapa Heiau as located on the east side of the mouth ofKllauea Stream, iust 200 m or so northeast (outside) of the parcel. Shideler et al. (2008:39)reports that a brief effort was expended in the course of that fieldwork to find anyevidence of Kipapa Heiau, but no trace was found.Bennett described Site 133, Pailio Heiau as follows:Site 133. Pailio heiau, in the canefields shoreward of Kllauea. The site does nothave a view of the river valley. Thrum says that it was, "A round heiau of about100 feet diameter: class unknown. Site covered in cane field." Nothing remains ofthe heiau to-day. fBennett 193 I : I 33]The location is uncertain (Bennett didn't find any trace), but the description suggests Pailio Heiauwas not close to the present parcel.Handy and Handy (1972) Native Planter ObservationsHandy and Handy (1972) carried out a summary study of traditional Hawaiian agriculture and thelife, lore, and environment of native planters throughout the Hawaiian lslands and noted thefollowing at Krlauea and Kahili:KTlauea is watered by a small river whose headwaters take the flow of streamsabove Kalihiwai as well as those coming down sloping kula lands above Kilauea.This is a peculiar terrain, with terraces along the north side of the river toward itsseaward end belonging to Kilauea and those on the south side to the smallahupua'a named Kahili. A mile upstream is a small terraced area, but beyond thisthere were no terraces, for the main stream flows in a narrow gulch, and so doother side streams which flow into the Kilauea River. Hawaiians evidently neverdeveloped lo'i here because the neighboring kula land is too high above thestreams for irrigation. This kula would have been excellent sweet-potato land. OnADD|icant's Name: Owners: Philio and Linda GreenProiect: Field Insoection for SMA Use. Use and Zoning PermitsMakana'ano Pl.. Kilalre4$rw the whole, Krlauea, despite a sizable river flowing through it, was a relatively smallproducer of taro because of the nature of its hinterland.Kahili is, as indicated above, part of the complex that includes Kalihiwai, Kalihikaiand KTlauea. The three streams empty into the Krlauea River, which forms theboundary between Kilauea and Kalihi below the falls of the river. There areterraces on the south side of Kilauea River watered by two of Kahili's streams.This is doubtless why this area was part of Kahili rather than of Kilauea. Only onestream had terraces back from the river. Here to the kula land was good forsweet-potato planting. [Handy and Handy 1972:421]At least two archaeological surveys have been conducted in and adjacent to areas proposed asextensions to the KTlauea Point National Wildlife Refuge.Kikuchi ( I 987) Kilauea Point National Wildlife Refuge Surveyln 1987, William K. Kil<uchi surveyed the grounds of the KTlauea Point National WildlifeRefuge and areas of proposed extension. Considering the significance to native Hawaiiansof seabird nesting colonies found within the refuge, Kikuchi extended the limits of his survey tosearch for associated cultural features or material. Surface remains of historic structuresassociated with Kilauea Lighthouse are described, and limited subsurface testing wasperformed, but Kikuchi found no evidence of remains related to native Hawaiian culture.Fredericksen and Fredericksen ( 1989) Kilauea Point National Wildlife Refuge SurveyXamanek Researches (Fredericksen and Fredericksen 1989) surveyed extensions to the wildliferefuge, including Crater Hill and Mokolea Point (parcel l9 of approximately 38 acres). Land useand history of tenure is documented well, followed by detailed descriptions of historic structuralremains related to the transport and loading of sugar at Mokolea Point, a World War ll-era radarinstallation on Crater Hill, and K'lauea Lighthouse. Although archaeological evidence of nativeHawaiian exploitation of seabird colonies was one object of the survey, no such remains wereobserved. The findings of this study that included the present parcel are discussed in greaterdetail below.ln 1988, Xamanel< undertook an archaeological and historical survey of two TMK parcels: TMK5-2-004:009, the Crater Hill 96-acre parcel and TMK 5-2-005:019, the 38-acre Mokolea Pointparcel.The ruins of a sugar-loading complex (SIHP # 50-30-4-1861) on Mokolea point are described:Mokolea point provided immediate, visible features of historic and archaeologicalinterest in the form of the ruins of the sugar-loading complex. Foundation stonesremain in situ, outliningthe perimeters of the complex, and oxidized iron and steelremnants of the cable-loading equipment are apparent throughout the site area.One of the foundation structures was made of brick some of which wereApplicant's Name: Owners: Phrttp_ad Unda]GrceaProlect: Field lnspectitg,n fqj@Makana'ano Pl.. Ktlauea--$$-$&1, A "World War ll secret radar installation" (SIHP# 50-30-4-1810) is also described:imprinted with the letters "CALAEN." The track bed for the narrow gaugerailroad engine and hauling cars is visible. lt was strewn with what appears to beanthracite coal. Numerous pieces of pulley wheels, sling cable, levers, bolts andnuts, a boiler box, a wire-loading carriage, intermixed with recent human litter arescattered over the site area. While considerably oxidized, the boiler box and awire-loading carriage are preservable and restorable. The cliff-side concrete basefor one of the support stanchions guiding the cable to off-shore-lying vessels isalso still present and in good condition. According to Ranger Moriarty, at leastone of the mooring anchors is still in place on the bottom of Kilauea Bay. . . .These off-shore moorings usually consisted of 4 anchors placed in a patternforming a rectangle Mokolea Point with its sugar-loading complex ruinspresents an historically and archaeologically unique site in the State of Hawaii onU.S. Government protected land. fFredericksen and Fredericksen 1989: l5- l7]This site represents an impressive complex to the observer. Two ventilation shaftsterminate near the summit of Crater Hill ridge. The present building which housesradio equipment is built on the original foundation used during World War ll.Some 50 or more feet below the vent structures lies the entrance to a tunnelwhich was part of the radar complex. The tunnel is approximately 130 feet inlength, running back into the hillside at about 55 degrees magnetic. The chamberbelow the vent is about l5 to 20 feet wide and 45 feet long, and the "chimney"under the vent is about 30 to 35 feet high. A considerable quantity of material inthe form of cast-off items appears to have been thrown down the vent, and hascollected on the chamber floor below. . . . The tunnel was used as a storage areafor explosives by Kllauea Plantation after the war. The entry tunnel measuresabout 8 feet wide and 8 feet high. lt had originally been shored up with woodenbeams, and the wall surface had been plastered. Originally, the entryway had beensecured by a metal door which presently lies to one side of the tunnel. At sometime in the past, a fire was built in the entry way which burned out many of thewooden beams near the entrance. . . .About 20 feet to the west of the tunnel entrance lie the remains of the formerradar complex generator enclosure. The chamber measures about 8 by l2 feet,with the remnants of two mounting platforms for generators still identifiable. Atthe rear of the enclosure (the north wall) there are two ventilation shafts, orperhaps, more appropriately, exhaust shafts. Both are rectangular in shape andmeasure ca. 2 feet square. Presently, both of them are filled with detritus and seemto be totally sealed- off from their outlet near the summit of the ridge. Whetheror not this is the second tunnel spoken of by Mr. Sarkis is unclear. fFredericksenand Fredericksen I 989: I 9]Applicant's Name: Owners: Philip and Linda GreenProject: Field lnspection for SMA Use,lJse a-aa Zsong leruotgMakana'ano Pl.. Ktlauea_*_Mi' The 1988 Xamanek study identified "no Hawaiian artifacts from either the historic or prehistoricperiods . . . nor were there any indications of features or structures from these eras"(Fredericksen and Fredericksen I 989: I 9).Toenjes and Hammatt ( 1990) Study of 94 Acres at KilaueaCultural Surveys Hawai'i, lnc. (CSH) conducted a survey for the development of the expansionof the town. Two location suggesting previous traditional Hawaiian activity were found and testedfor subsurface deposits. Located in the southwest corner of the 94-acre parcel and was underpapaya cultivation where a water-rounded cobble and a small fragment of coral, an examinationwas made of the soil between every other row of trees in the grove. lndications of archaeologicaldeposits were sparse and included two pieces of coral, one fragment of unidentified marine shell,and several possible basalt flakes dispersed through the grove. The area of the papaya grove andscatter covered approximately 3,800 mt 141,000 ft).The other location was in the central portion of the 94-acre parcel in an extensive former sugarcane field, then lying fallow. Much of the ground surface was clearly visible, with scatteredindications of recent mechanized disturbance. The only suggestion of previous cultural activityconsisted of sparsely scattered coral across an area of about 7,500 square meters (80,700 squareft.) No bone or shell material was observed in association or anywhere else in the project area.Several possible flakes of basalt and one basalt core or possible adze blank were observeddispersed across the surface of the field apart from the coral scatter.Subsurface testing at both locations, as well as in the area from which a basalt core was collectedwas conducted. Excavation exposed no culturally modified lithics. The presence of coral and coralsand in cane fields was noted as common, having been historically imported for the purpose of"liming" the soil. Lacking other archaeological components of Hawaiian culture, e.g. bone andshell midden, lithic debris or modified coral, the significance of these scatters was regarded asminimal. Examination of all other fields of the property indicated no archaeological remains ofinformational significance were present.Shideler et al. (2007) and (2008), and Hammatt and Shideler (2010) Studies forKilauea Falls RanchCSH carried out two studies for Kllauea Falls Ranch on the west side of Kilauea Stream (alsoknown as Kahili Stream). A total of 62 features were identified within a total of five sites in aproposed agro-forestry area. Four of these five sites (SIHP# 50-30-04-579, -580, -582 and -583)are primarily or exclusively agricultural terraces. The only exception at these four sites is SIHP #50-30-04-580, Features L and MM, which are interpreted as temporary habitation features relatedto the agricultural terraces. One site (SIHP # 50-30-04-581)was understood as primarily post-Contact and either a permanent habitation or work area. SIHP # 50-30-04-580, which consistedof a dense cluster of 55 archaeological features including 53 soil-retaining terraces and twopossible habitation areas was one of the larges sites found in the Ranch property.Applicant's Name: Owners: Philip and Linda GreenProject: Field lnspection for SMA Use. Use and Zoning Permitsllakanalanofl=, Kllauea*d*frAl The inventory survey (Shideler et al. 2008:69) concluded that the approximately I ,500- I ,800 mm(60-70 in) of annual rainfall within that project area made cultivation possible without irrigation.While it was concluded that there may well have been pre-Contact ponded field (/o'i) tarocultivation along the KTlauea Stream flood plain, it was suggested that the vagaries of hurricane,tsunami, and flood may have made such planting down by the stream precarious. lt was suggestedthat cultivation up on the steep slope may have been more secure.The evidence from the Mahele records indicates that there was little or no pre-Contactpermanent habitation within the Kllauea Falls Ranch project area per se, although there was acommunity on the southeast side of the stream mouth from the 1840s well into the twentiethcentury.Sroat et al. (2012) Study for the 75-Acre KTlauea Agricultural Park ProjectCSH completed an archaeological inventory survey for the KTlauea Agricultural Park Project,located at rhe juncture of Kilauea Lighthouse Road and Quarry Road. A total of four historicproperties were identified within the project area. SIHP # 50-30-04-2123 consisted of a stackedcobble and boulder terrace (one to four courses) comprised of stone construction on twocorners connected by a linear ledge of soil. lt appears to have functioned as a historic habitationterrace. SIHP # -2124 likely is a plantation-era structure that consists of two concrete wallstructures, including one linear form and one U-shaped form with concrete flooring. SIHP # -2125 is a stacked cobble and boulder agricultural terrace (one to four courses), and SIHP # -2126is a remnant drainage ditch.All four historic properties were located within the tributary gulch of the KTlauea Stream Valleyin the southeastern portion of the project area. No sites were identified within the leveltablelands previously utilized for sugarcane cultivation.Hammatt and Shidler (2014) Study of USFWS Fencing ProiectAt the request of Pacific Rim Conservation, CSH conducted an archaeological assessment forthe KTlauea Point National Wildlife Refuge Fencing Project, Kllauea Ahupua'a, Hanalei District,lsland of Kaua'i, TMK: (4) 5-2-004: 103 por. The KTlauea Point National Wildlife Refuge is locatedat the northernmost tip of the lsland of Kaua'i between KTlauea Point and Mol<olea Point. Thefencing project area is just south of Makapili Rocl<, approximately 1.5 km northeast ofKilauea Town and 200 m east of Crater Hill. The project area consists of a 6.67 acre parcel ofsloping land between 140 and 250 ft AMSL, abutting precipitous cs on the northeastern end.Proposed development within the project area consists of the installation of a fence to protectthe habitat of ground nesting birds within the National Wildlife Refuge. For the fenceconsrruction, ground disturbing activities will include removing all vegetation within a 4 m-widepath along the fence line and smoothing that area with minor grading. To secure the fence, 30cm-wide post holes will be augured in I meter deep every 3 to 4 meters. After fence construction,Applicant's Name: Owners: Philip and Linda GreenProiect: Field lnspecqicrrlbtSMA Use. Use and Zoning PermitsMakana'ano Pl.. Kilauea--d*[$-a the refuge staff removed the non-native vegetation within the fenced area (the maiority is non-native), which involved minimal ground disturbance.Due to the steep terrain and dense vegetation, portions of the project area were not accessible.Despite these constraints, CSH archaeologists were able to inspectthe majority of the 6.67-acreproject area for surface cultural resources. No surface cultural resources were observed duringthe systematic surveyMcMahon (2019) Study for Barker Residence, Kilauea, Seacliff PlantationEAL conducted a field inspection for Paul Barker for his single-family residence grading permit.This parcel is also located at Makana'ano Place (lot I 5) at the opposite end of the street towardKilauea River. The parcel also abutted the Kilauea Wildlife Refuge on the backside. lt was alsomowed in pasture grass. The prolect area comprises a 0.9949-acre portion of the 5.1 lO-acreproperty. A 100% field inspection of the parcel was conducted no historic properties were foundduring this field inspection.FIELD INSPECTIONFieldwork involved systematic pedestrian survey of the entire parcel in general sweeps byarchaeologist N. McMahon. All aspects of field work were photographed with a digital cameraand copies of these photographs have been archived on the EAL computer networl<. There aretwo densely vegetated portions of the parcel (Figure). Only one of this these two areas were notsurveyed due to dense vegetation of densely covered with exotic grasses, ironwood (Cossuarinoequisetifolio), Christmasberry (Schinus terebinthifolius), koo hoole (Leucoeno leucocephalo), lantana(Lontono camora), and Java plum (Syzgium cumini). So approximately 90% of the property waspedestrian surveyed. There is about l0% of the land that will not be cleared nor build on thatwas not surveyed. Figurel I shows the locations that were not pedestrian surveyed due to densevegetation mostly and some steep and eroded terrain. The owner indicating these denselyvegetated areas were not within the existing building setback area anyway and they wouldprobably leave them as is.The archaeological field inspection was conducted on Saturday, September 25, 2021.Archaeologist McMahon met with the owners to go over their building plans and where theywould be allowed to build and not built. The owners wanted one of the densely vegetated areato be inspected because that was partially in the existing building setback line. This is area isshown the topo map (Figure 4, 5, and I l). There are already existing utilities to all the lots in theSeacliff Plantation subdivision including entrance driveway, water, electric and drainage. Theowners did state that there would be a new driveway entrance built for their house across thedrainage culvert fronting the property (Figure 5 shows this new entrance).Many of the lots in Seacliff Plantation have been already built on. The area to be developed within the parcel has been cleared of most tree vegetation for some time and has guinea grass whichwas shredded recently. The parcel has a fence along the US Fish and Wildlife Service propertyApplicant's Name: Owners: Philip and Linda GreenProiect: Field lnsoection for SMA UseMakana'ano Pl.. Kilaue3_&ft! side (east). Visibility of the surface was good to excellent. During the field inspection a plow linewas noticed along the allowed existing building setback line. ln some of the aerial photos in thisreport that line can be seen. lt appears to be modernly made and very coincidental that it kind ofmatches the existing building setback line.Within the existing building setback line is part of the dense vegetation. lt means in a V-shapewithin this area. The north side of this dense veSetation is appeared to be cut in the terrain whereis level in many places ironwood lined. The width and flatness made this appear to be a roadwhich looks like it led to the WWll radar station and tunnels up Crater Hill (Nihoku). Near thetop of this property on this north road there is a huge erosion crater that wiped out the road.Walking around the western side of the dense vegetation area was a old, dumped motor on theremnant flats of what also appears to be a road. Walking on this area about halfway in the roadsplits in two and appears to have many erosion issues even though the grade for these two roadsis less steep that the northern road. The owners knew about these features and were told manyditches not roads but no one could confirm this. All the maps and research indicate that thisarea was not in cultivation (Figure l0), and it seems more likely these are remnant road for eitherthe construction of the W\A/ll structures or to bring supplies and manpower. Unfortunately, ifthey were built around 1946, there is nothing significant about their design, in fact maybe thereason there are a few roads is there were being eroded out by heavy rains and heavy winds.New routes had to be made. Figure l2 shows the location of the remnant roads and the plowmound. The pedestrian survey of the parcel confirmed that there are no surface archaeologicalcultural resources within the existing building setback area.The WWll structure (SIHP 50-30-04-1810) is located on the U.S. Fish and Wildlife Service landsis not visible from this parcel.Based on traditional and historic accounts, the project area is located within a portionof KTlauea Ahupua'a that is not well documented. ln the Mahele of 1848, Kilauea Ahupua'a wasretained as Government Lands and there were no entries for commoner land claims. Eleven ofthe LCA awards in adjacent Kahili, however, provide a picture of what settlement nearthe parcel might have been like at the time. These I I LCA awards in Kahili are clustered alongthe south side of Kllauea Stream, lying in a low, wide terrace next to the stream, whichis evidently well watered and well suited for maintenance of taro lo'i. Virtually all claims involve ahouse lot, a few include lo'i, and several claims mention "kulo" (pasture) with wouke(paper mulberry), noni (lndian mulberry), and orange trees being cultivated.Lands adjacent to the project area were cultivated with sugar cane in historic times bythe KTlauea Sugar Company. The sugar company modified water resources in the uplands withdams, reservoirs, ditches, and flumes (Joesting 1984), which may have damaged and ended large-scale native agricultural practices in KTlauea and its vicinity. The Kilauea Sugar Companyended its operations in 1971. According to baclground research and historic maps, the parcelmight have been utilized as pastureland during the twentieth century. lt is possible thatany remnant cultural resources were either removed or destroyed by the Kilauea SugarCompany and/or livestocl<.Applicant's Name: Qraaers: Philip and Linda GreenProject: Field lnspection for SMA Use. Use and Zoning PermitsMakana'ano Pl.. KllaueaA6Al No cultural resources nor historic properties were observed or identified within the survey areafor this field inspection. Therefore, EAL recommends no further archaeological work for theproposed project. Based on background research and the current study, it is unlikely that surfacecultural resources associated with pre- and post-Contact land use are present within the parcel.ln the unlikely event that previously unidentified cultural resources are encountered by projectconstruction, the project proponents should immediately stop work in the vicinity and contactSHPD/DLNR. There were no historic properties identified on the parcel. There will be no impactto nearby historic properties. Recommendation: "No historic properties affected."Figure I 3 shows the aerial of the parcel and the photo location map indicating the photo numbers.Photos with directional information follow.References CitedAikin, Ross R.1988 Ktlauea Point Lighthouse: The Landfall Beacon on the Orient Run,Kllauea PointNatural History Association, Kaua'i, Hawai'i.Alexander, William DeWitt1991 "A Tour of Kaua'i in 1849 Private Journal of William DeWitt Alexander." In TheKaua'i Papers. Kaua'i Historical Society.Bennett, Wendell ClarkI93I Archaeology of Kaua'i. Bulletin 80. Bernice Pauahi Bishop Museum, Honolulu.Clark, John R. K.1990 Beaches of Kaua'i and Ni'ihau, University of Hawai'i Press, Honolulu.Cleghorn, Paul2001 Archaeological Monitoring at Ktlauea ,Iapanese Cemetery, Ktlauea, Katta'i(TMK. 5-2-4:49). Pacific Legacy, Kailua, Hawai'i.Cond6, Jesse C. and Gerald M. Best1973 Sugar Trains: Narrow Gauge Rails oJ' Hawati. Glenwood Publishers,Felton, California.Dole, S. B.1892 Evolution of Hawaiian Land Tenure. Hawaiian Historical Society Papers No. 3Hawaiian Historical Society, Honolulu.Foote, Donald E., E.L. Hill, S. Nakamura, and F. Stephens1972 Soil Survey of the Islands of Kaua'i, Oahu, Maui, Molokai and Lanai, Stateof Hawaii, U.S. Dept. of Agriculture. U.S. Government Printing Office,Washington, D.C.Fornander, Abrahaml9l7 Hawaiian Antiquities and Folk-lore. Yol. IV, Part lI. Bemice Pauahi BishopMuseum, Honolulu.Applicant's Name: Owners: Philip and Linda GreenProject: Field lnspection for SMA Use. Use and Zoning PermitsMakana'ano Pl.. Kilauea*d*nAl Fredericksen, Demeris and Walter Fredericksen1989 An Archaeological Inventory Survey of'Crater Hill and Mokolea Point of'KtlaueaPoint National Wildlafe ReJuge, Ktlauea, Kauai, Hawaii. Xamanek Researches,Pukalani, Maui, Hawaii.Giambelluca, Thomas W., Michael A. Nullet, and Thomas A. SchroederI 986 Rainfall Atlas of Hawai'i. Department of Land and Natural Resources, Honolulu.Handy, E.S. Craighill and Elizabeth G. Handy1972 Native Planters of Hawaii, Bishop Museum Press, Honolulu.Hammatt, Hallett H. and David Shidler2013 Draft Archaeological Assessment.fbr the Kllauea Point National Wildlife RnfuSuFencing Pro.ject. Cultural Surveys Hawai'i, Inc. Kailua, Hawai'i.Joesting, Edward1984 Kaua'i: th.e Separate Kingdom. University of Hawaii Press, Honolulu.Kikuchi, William K.1987 Proposed Visitor Center Archaeological Survey, Krlauea Point, National WildlifeRe/uge Kalae O Ktlauea, Katta'i.McMahon, Nancy1999 Due Diligence.for Floyd Miller on Kilctuea Fall RanchMcMahon, Nancy2019 Ka Pa'akai Analysis: Native Hawaiian Traditions, Customary Practices anclPerspectives of'Ktlauea Ahupua'a Moku o Ko'olau, Kaua'i Island.for fMK G) 5-2-004: 088 Preparedfor Paul Barker, Exploration Associates Ltd, Lihue, Hawaii.McMahon, Nancy2020 Archaeological Field Inspectionfor Clearinghouse Application - No. CL - 2019-035 Malcana'ano Pl., Ktlauea - Grading permit Ktlauea Ahupua'a, Ko'olatrDistrict, Island oJ'Kaua'i TMK (4) 5-2-004: 088 Exploration Associates Ltd.Lihue, Hawaii.Monsarrat, M.D.1892 Between the Kalihiwai and Moloaa Streams. Registered Map No. 1971. Tracedby Jos. Iao. W. Jacobson and L. Andrews, Jr., 1918. On file at the Hawai'iLand Survey Division, Departrnent of Accounting and General Seruices,1151 Punchbowl St., Room 210, Honolulu.Nakuina, Moses K.1990 The Wind Gourd of Laamaomao Translated by Ester Mookini and Sarah Nakoa.Kalamaka Press, Honolulu.Pukui, Mary Kawena, Samuel H. Blbert, and Ester T. Mookini1914 Place Names of Hawai'i. The University of Hawai'i Press, Honolulu.Rice, William Hyde1923 The Menehune. Hawaiian Legends. Bemice Pauahi Bishop Museum, Honolulu.Schmitt, Robert C.1969 The Population of Northern Kaua'i in 1847 . ln Hawai'i Historical Review.Richard A. Greer ed., Hawaiian Historical Society, Honolulu.Applicant's Name: O@Proiec: Field lnsoectionlor@Makana'ano Pl.. Krlauea*&se Shideler, David, Todd Tulchin, and Hallett H. Hammatt2001 Archaeological Literature Review qnd Field Inspection for the Approxintately163-Acre Ktlauea Falls Ranch Property, KTlauea Ahupua'e, Ko'olau District,Kaua'i Island gMK. [4J 5-2-012:035). Cultural Surveys Hawai'i, Kailua,Hawai'i.Shideler, David, Trevor Yucha and Hallett H. Hammatt2008 Archaeological Inventory Survey of an Approximately 74-Acre Portion ofthe Ktlauea Falls Ranch Property, Krlauea Ahupua'a, Hanalei District, Kaua'iIsland (TMK: [4J 5-2-012:035 por.). Cultural Surveys Hawai'i, Kailua, Hawai'i.Sroat, Ena, David W. Shideler, and Hallett H. Hammatt2012 Archaeological Inventory Survey (AIS) for the 75-Acre Ktlauea AgriculnralPark Project, Ktlauea Ahupua'a, Hanalei District, Kaua'i. Island, TMK: [4] 5-2-004:099. Cultural Surveys Hawai'i, Kailua, Hawai'i.Thrum, Thomas1906 Heiau and Heiau Sites Throughout the Hawaiian Islands. Thrum's HawaiianAnnual.for I907.Thos. G. Thrum, Honolulu.Toenjes, James and Hallett H. Hammatt1990 An Archaeological Survey of 94 Acres in Krlauea, Ko'olau District, Kaua'i.Cultural Surveys Hawai'i, Kailua, Hawai'i.U.S. Fish and Wildlife Services2014 Nihoku Ecosystem Restoration Project Final Environmental Assessment KrlaueaPoint National Wildlife RefugeU.S. Geological Survey1910 U.S. Geological Survey 1 Topographic Map, KTlauea Quadrangle. Available atU.S. Geological Survey Maps/ U.S. Department of War Maps. Available atUSGS Information Services, Box25286, Denver, Colorado.1963 U.S. Geological Survey Topographic Map, Anahola Quadrangle. Available atU.S. Geological Survey Maps/ U.S. Department of War Maps. Available atUSGS Information Services, Box25286, Denver, Colorado.1996 U.S. Geological Survey 7.5-Minute Series Topographic Mup, AnaholaQuadrangle. Available at U.S. Geological Survey Maps/ U.S. Department ofWar Maps. Available at USGS Information Services, Box 25286, Denver,Colorado.Wichman, Frederick B.1998 Kaua'i: Ancient Place-Names and Their Stories. University of Hawai'i Press,Honolulu.Applicant's Name: Owners: Philip and Linda GreenProject: Field lnspection for SMA Use. Use and Zoning Permits-Makanahrq Pl.. Kilauea''**n&l I690 345 0S90 MetersNAFigure I USGS Anahola Quad, Project location in blue.Applicant's Name:@Proiect Field lnsnectlon for SHA Use. Use and ZoninS PermitsMakan=a'ano Pl,. Kilauea+ r, ^.t' , 'j I':t ::a-/ .:J rr: .ti- :. ..' l -1 i I 'l ! ( -i 'a ,..,.' \ :l ,rr -T,4. l: i.t I F Figure 2Tax Map Key Applicant's Name: Olvners: Philip and Linda Green Project Field lnspection for SMA Use. Use and Zoning Permits Makana anqPL- Klauea Figure 3 Aerial of Parcel showing the two CPR units Applicant's Name: Owners: Philip ud Linda Green Project Field lnsoection fo Makana'ano Pl.. Kilauea-# .ii-:i,, ..i.r rari'. I'ir-l]'. _-_:jJ- ;!j{; .( .a ,+ ! j*r}^,4:...11. !{f I r-qr?'ih? "}1ra q suc; .x9 !-:4.jr-fr+srr!rrs6.$ atu'slr.ia\r. :$'.--:r-,lr .wlr k.t f S,.r* i- Hh.'#!!dan{ ag { li_,,r rgJCtt 3*riF 'd.ili- . hrr: { a . -\ . \* h*4eE .1i .. ri 'l-1r,. ,, t!r8. 4.,Bts.rFr!2r r r !+.fFi-; t/.'w s. r l!'r+Fsabr Figure 4 Topo Showing Existing Building Setback line within the Red Outlined Area Applicant's Name: Owners: Philip md Linda Green Project Field Inspection for SMA Use. Use and Zoning permits Makma'ano Pl.. Kilauea+ l,-..,,r.,,,1fr".or-, > *,-\t [''s"-r h{o" "t UnJi' }--- I'.4u:r-J l-,r',ti l* iirJu },or..q ?crm."lForl SITI PLflII i-Lrut--J' -, lllt r'- []l Figure 5 Site Plan of possible location of Single-Family Residence Applicant's Name: Ownere: Philio md Linda Green Proiect Field lnspection for SMA Use. Use ad ZoninS Permits Makana uo Pl.. Kilauea+ Figure 6 Proposed Location of DevelopmentApplicant's Name: Owners: Philip and Linda GreenProiect: Field lnspection for SMA Use-Use and Zoning PermitsMakana'ano Pl..KilaueaJ*6Ar t*ftfrSnll M aF-rnlntri nl F{arr'4, H;lwDllIIsIt4fIFl{f tIgfia ll.'rt,euE9jt4F6rde lratffif pFlldnarut*ta$ r l1'1 *rd,IrhlA2rffif4+ tIq6ds1: l{bbufiG' \:dqr€dttEiiHHttlElRaKuto6Cc nrrrYrtlcn C .trlaaV{Eb Jnrltutvtryi.lationrl CsopEEIwF Sqit SutrEyr u/loj?lrllPqe I o{3Figure 7 NRCS Soils of the Project AreaApplicant's Name: Owners: Philip and Linda GreenProjeceHakana'ano Pl..Kilauea,L-EAt_ le rrrdFr{ A J J ,.s GT t I d j 1 f' ??#-" .ql tI* ft_.cqd*f'idr* 'L H e);- t *4"% "ht , €rt/r'lf44ff l.F-r ,!, i..' 'f t' 1' l"l *;_ ; Y {+&|:. \rl k k *.:! 1tr16:I'i*!', r*'.d .Zal #* rS t, 1. 'h ,. *+::; "... ... __-. *. f;*Fjlay '€.drfn .tr lj +4f !.{;"qt q.E-, . u.'. c. 1* '?" '-,1' " f1.i ._:",4 . .."1r,* -d* i.' \'d';l t rl t*' "'t':,. 1 lr '| ,t F"b t:;:q:-i 4 .Pt!'ip .*"4.r .4,, . t j;,lj ,". 'r F a1 LY !,:i,l{ ,_.. {* a, fr'ir '#*" IF *.6p"l;;-,,,.."*U t!*- i t I J f t \. $ryr , '*. \r.t ..' ".. t" .-q'- " 6+:1f E :.! &, 6b Figure 8 Map of Grant 2896 Kilauea Ahupuaa Sold to Charles Titcomb from Aikin 1988: 18. Applicant's Name: Owners: Philip and Linda Green Project: Field lnsoection for SMA Use. Use and Zoning Permits Makana'ano Pl.. Kilauea _d__w' 1 I'I::- - :F J Og \ .[ j' I ,.#'" -"t"' { { 'I \ f I I (r\*j t, ,b\ ''--.*J t \ {g ,'f f, i,r;,r" Figure 9 1930 Map of Kilauea Sugar Company. Note railraod down to Mokolea Point but otherwise no infrastruture in or near the project area from Cond6 and Best I 973: I 59. Applicant's Name: Owners: Philip ud Linda Green Project: Field lnspection for SMA Use. Use and ZoninS Permits Makana'ano Pl,. Kilauea _r* EAt I Figure I 0 Historic Sugarland Map View from the State Department of Health, Environmental Health, Environmental GIS showing former cane lands. Applicant's Name: Owners: Philio and Linda Green Project Field lnspection for SMA Use. Use and Zoning Permits Makana'ano Pl.. Kilauea -{--LY\t !t 'ii .E 'r-*$-r El, .'';r. - 'r. ! :r\.p .l g' 'tr R*b= tf -:. i .-i.,.+ *rq*. :'tiri,{1,. { -}i'. \, :r*'\, '* '1,,^ n- [:igune I ! ir-s63i;on of urnrsuv.veyed areas in ralnbow lines. Ir,lc cleveloprnent,nlfiil! be ir.l t&.lese areas. Applicant s Name: QwIls Phitri.o and l_inda G_reen Projec::_F1lC i[spection .ior SMA Use" Llse aaqlgi1iqg-pe1 r!9 !y!4!44a'anc P!.- Krlauea $.tij: \; :it.- ''E,r L "i':",.:rJ. -.u'-. -f.af-trL::,ri; rii' ;f;,;a.il.l 'i:.;_i.<'r_-- -__t:?-- ;LFi:.+l -!Tg=':F . *PrrIb:{r{t' . : l'. r.j rYr:r i\ th.-- .rrt r r\r a.q!':*r'61r!lB_F !Qb-'::+. tu-p*tsrrnA.. iL.e ry h{ !..r: i'{lr_tjlAr Y.-r-^r -i.'? s ..*r L\r! rr :rrtlirar / [L..?. /.-tq r!t..1rtu' -4r*l,.., Figure l2 Location of remnant dirt road that eroded out [yellow] and remnant plow mound which matches the existing building setback line. Applicant's Name: Owners: Philio md Linda Green Pr"j.*t -# 19-lt 27-30ll" l5-16 '.t d L .:; -i'I ';t' ''$w fr -7 9 - t0 l,lt,,.t *t **;b:"'c ,, ' lTa*a -:'flf t Figure l3 Aerial Photo Location Map Arrow indicotes the opproximote locotion in which the photograph were token S- Applicant's Name: Owners: Philip and Linda Green Project Field lnspection for SMA Use. Use and Zoning Permits Makana'ano Pl.. Kilauea {_ L:{t w&Subject Propertylooking northeast.Fence is theRefuge boundaryand to the right[red arrow] is thethick vegetation.2, Looking north atRefuge boundaryApplicant's Name: Owners: Philip and Linda GreenProiect: Field lnsoection for SMA Use, Use and Zoning PermitsMakana'ano Pl.,Kilauea+ 3. Lookingnorthwest towardHaena. RefugeProPerty to theright.'&.'ffi1"4. Looking eastRefuge fence andthick vegetatedarea ahead.Applicant's Name: Owners: Philip and Linda GreenProiect: Field Inspection for SMA Use. Use and Zoning PermitsKilaueaIzuMakana'ano Pl.. 5. Looking westfrom top ofProPerty toMakana'ano Place..;fip,*'...''5. Lookingnorthwest towardthe bottom oftheProPertyApplicant's Name: Owners: Philip and Linda GreenProject Field lnspection for SMA Use. Use and Zoning PermitsMakana'ano Pl.,Kilauea+ 7. Looking southalong the edge ofthe property. Redarrow isMakana'ano Place.Drainage isadjacent to theroad.!8. Lookingsouthwest nearthe road and thedrainage culvert.AoolicanCs Name: Owners: Philio md Linda GreenProject Field lnspection for Sl'lA Use. Use and Zonlng PermitsKilaueaI-s-Makana'ano Pl,. 9, Looking at southat across theProPerty.10. Lookingsoutheast at thetree orchard, andpart of theproposed houselocation.Applicant's Name: Owners: philip and Linda GreenProiece Field lnspection for SMA Use. Use and Zoning permitsKilauea+Makana'ano Pl.. dI l. Looking north atthe thickvegetation areaand some oftheplowed land in theproposed houselocation.l*12. Looking in thenorthside oftheProPefty thickvegetation area.Applicant's Name: Owners: Philip and Linda GreenProjece Fleld lnspection for SMA Use, Use and Zoning PermitsKilauea*Makana'ano Pl., 13. Looking into thethick vegetationarea.14. Looking westadjacent to thethick vegetationarea and near thetree orchard.Applicant's Name: Owners: Philip and Linda GreenProieceMakana'ano Pl..KilaueaL-gr- 15. Looking west andin the proposedhouse locationwhich there is aplow moud.ffi"16. Looking north assome plow line[uneven terrain].Applicant's Name: Owners: Philip and Linda GreenProiecc Field Insoection for SMA Use, Use and Zoning PermitsMakana'ano Pl..KilaueaJ*6S 17. Lookingnorthwest at thesecond areawhere vegetationis thick and thelandscape dropsslightly. Proposedhouse location willbe in this area.'lfE18. Looking north inthe proposedhouse location.Applicant's Name: Owners: Philip and Linda GreenProject Field lnsoection for SMA Use, Use and Zoning Permitsl.lakana'ano Pl..Kilaueatst 19. At the top of theproperty wherethe tree orchardis. To the right isthe thickvegetation andRefuge land.20. Near the top ofthe propertylooking slightlynorthwest wherethe tree orchardis.Applicant's Name: Owners: Philip and Linda GreenProiect: Field Insoection for SMA Use. Use and Zoning PermitsMakana'ano Pl..Kilauea_{St 1:2l. Looking northwest, where theproposed houselocation is. To theleft is an old roadand thickvegetation area.---.- r'c.r.'..W,1I.tg22. Old motor thatwas dumped.Applicant's Name: Owners: Philip and Linda GreenProiecc Field lnsoection for SMA Use. Use and ZoninS PermitsMakana'ano Pl..Kilaueaa6At &t*.a.23. Looking northfrom the secondthick vegetationarea edge..r*.: #24. Looking south atthe densevegetation whichwas surveybecause it is in theexisting buildingsetback line andappears to be anold road.Applicant's Name: Owners: Philip and Linda GreenProiect: Field lnsoection for SMA Use, Use and Zoning PermitsMakana'ano Pl..KilaueaI6S {t25. Proposed edge ofexisting buildingsetback line forhouse.26. Remnant Roadfairly flat andmost placeseroded.Aoolicant's Name: Ownere: Philio and Linda GreenProject: Field Inspection for Sl'lA Use. Use and Zonlng PermitsMakana'ano Pl..Kilauea+ 27. Propertyboundary.28. Looking west toMakana'ano Placeand the propeftyboundary to thesouth.ApplicanCs Name:@Prolece Field lnsoection for SJ.IA Use, Use and Zoning PermitsMakana'ano Pl.,Kilauea6 'lt,*{tl*,29. From the lowerthick area lookingnorth westtowardMakana'ano Place.fl..lb!l ,'.31'Wr"*.1:il30. Looking west inthe proposedhouse location.Applicant's Name: Owners: Philip and Linda GreenProiecc Field lnsoection for SMA Use. Use and Zoning PermitsMakana'ano Pl..Kilauea DCCA State of HawaiiDownloaded on October 19,2021 .The information provided below is noi a certification of good standing and does not constitute any other cedification by the State.Website U RL: http://hbe.ehawaii.qov/documentsBusiness lnformationAnnual FilingsFILING YEARDATE RECEIVEDSTATUSMASTER NAMEBUSINESS TYPEFILE NUMBERSTATUSPLACE INCORPORATEDINCORPORATION DATEMAILING ADDRESSNA KIA'IO NIHOKUDomestic Nonprofit Corporation318396 D2ActiveHawaii UNITED STATESNov 1 8,2020PO BOX710KILAUEA, Hawaii 96754UNITED STATESPERNICOLE CODY4349 LIKINI STHONOLULU, Hawaii 96754UNITED STATESTERMAGENT NAMEAGENT ADDRESSEXHIBIT "2'' COUNTY OF KAUAI PLANNING COMMISSIONSTATtr OF HAWAIIIn the Matter of the ApplicationofPHILIP J. GREEN ANd LINDA M. GREEN,Trustees of the Philip J. Green, Jr. Trust, datedDecember 4,2018, and the Linda M. GreenTrust, dated December 4,2018, for a SpecialManagement Area Use Permit, a Use Permit,and a Class IV ZoningPermit for SeacliffPlantation Subdivision Lot 11-A fordevelopment of the real property situated inKilauea, Kauai, Hawaii, identified by KauaiTax Map Key No. (4) 5-2-004:084 (CPR No.0001)SMA (U)-2022-1; USE PERMIT NO. U-2022-I; CLASS IV ZONING PERMITNO. Z-N-2022-rCERTIFICATE OF SERVICE REAPPLICANTS PHILIP J. GREEN ANDLINDA M. GREEN'S OPPOSITION TONA KIA'I O NIHOKU'S PETITION TOINTERVENECERTIFICATE OF SERVICEThe undersigned hereby certifies that APPLICANTS PHILIP J. GREEN AND LINDAM. GREEN'S OPPOSITION TO NA KIA'I O NIHOKU'S PETITION TO INTERVENE dAtEdOctober 26,2021was served on the following party listed below by U.S. certified mail, postageprepaid (as indicated below) to his respective address on the date of filing this Certificate ofService.Nii Kia'i o Nihokflc/o P.O. Box 710KTlauea, HI96154Dated: October 26,2021DENTONS US LLPBy:Timothy H. IronsAttorneys for ApplicantsPHILIP J. GREEN AND LINDA M.GREENUS Active\1 1 96'1 31 59V-2 MAX W.J.GRAHAM,JR. JONATHAN J.CHUN IANK.JUNG Federal I D No.99-0317663 BELLES GRAHAM LLP ATroRNEYS AT LAW WATUMULL PLAZA 4334 RICE STREET,SUITE 202 LIHUE,KAUAI,HAWAII 96766-1388 TELEPHONENO:(808)245^1705 FACSIMILE N0:(808)245-3277 E-MAIL:mail@kauai-law.com ,OFCOUNSEL (.-.,J Oi i'.dlK' [V(ICHAEL J..Bp{-t)BSr-,c j r, DAVlDW.PROUtirotlV1-1 '• DONALD H.W1LSON 21 DEC -2 fl11 :09 December2,2021 RECEiVt.D Ms.Donna Apisa,Chair Planning Commission ofthe County ofKauai c/o Planning Department 4444 Rice Street,Suite A473 Lihue,Kauai,Hawaii 96766 Re:NoticeofWithdrawal V1A EMAIL &REGULAR MAIL In The Matter OfThe Application OfSOF-XI KAUAI PV GOLF,L.P., a Delaware limited partnership,for a Project Development Use Permit, Use Permit,and Class IV Zoning Permit concerning property located at Princeville and Hanalei,Halale'a,Kauai,Hawaii,identified by Kauai Tax Map Key Nos.(4)5-4-006:003,005 and_0fi6 Project Development Use Permit No.PDU-2022-1 Use Permit No.U-2022-3 Class IV Zoning Permit No.Z-IV-2022-3 Lot 5,File Plan No.1179 Princeville and Hanalei,Halale'a,Kauai,Hawaii Kauai Tax Map Key No.(4)5-4-006:005 Owner:SOF-XI Kauai PV Golf,L.P.,a Delaware limited partnership Lot6,FilePIanNo.ll79 Princeville and Hanalei,Halale'a,Kauai,Hawaii Kauai Tax Map Key No.(4)5-4-006:006 Owaer;SQF-Xl Kauai PV Golf,L.P.,a Delaware limited partnership Lot7,FiIePlanNo.ll79 Princeville and HaDatei,Halale'a,Kauai,Hawaii Kauai Tax Map Key No.(4)5-4-006:003 Qwner;SOF-XI Kauai PV Golf,L.P.,a Delaware limited partnership Dear Chair Apisa and Planning Commission Members: This letter serves to inform you that the Applicant in the above-identified matter has elected to withdraw its Application for Project Development Use PermitNo.PDU-2022-1, Use Permit No.U-2022-3,and Class IV Zoning Permit No.Z-IV-2022-3. (W:/DOCS/29075/3AV0173326.DOCX ) XI ;14 Ms.Donna Apisa,Chair Planning Commission ofthe County ofKauai c/o Planning Department December2,2021 Page2 We appreciate the time and effort you,the Plamiing Commission Members,and the Planning Department staffhave put into the review ofthe Application. Should you need any further information regarding this matter,please feel free to contact me. Thank you very much. Sincerely yours, BELEES GRAHAM LLP Max W.J.Graham,Jr. MWJG:jgm cc:Mr.Ka'aina S.Hull,Director ofPlaiming (via email only) Mr.Dale A.Cua (via email only) (W:/DOCS/29075/3/W0173326.DOCX } KDLAUEA NEIGHBORHOX»DASSOCIATION GOUNTV O'-KAUAI President Yoshito L'Hote Vice President Beryl Blalch June5,2021 "21 JUL-8 P1 :29 PLANNING OEPT.Ms.Donna Aplsa,Chair Kaua'i Planning Commission Kaua'i Planning Department 4444 Rice St.,Suite A473 LThu'e,Hl 96766 RE:SMA Permit for TMK 4-5-2-004-084-0001.(Phil and Unda Green)Secretary Jeremy Burns Dear Planning Chair Apisa and Members of the Planning Commission: Treasurer Gary Pacheco Sergeant-at-Arms Bill Chase PTSA Rep Sonrisa Stepatti Directors Stephenie Brown Ttiomas Oaubert Emlly Dunn Mike Latlf Mike Lyons Charlie Martin Don McConnell Ron Paul Sonrisa Stepath Phit and Linda Green have requested a letter of support from the Kilauea Neighborhood Assodation for their proposed new residence in the SeaCliff Estates. lan Jung,the Greens attorney,gave a presentation at the December 2020 KNA Board Meeting.Subsequentto this meeting,story poles were erected so thatthe community coutd see what kind of a visual impact the proposed resldence would have. The Greens also invited any and all members ofthe communityfor a personal tour of their site.In addition,Mr.Green said that every effort would be made to ensure that the house would be sensitive to its surroundings,and that any stormwater runoff be minimized. Mr.Green attended the May,2021 KNA Meeting,where he answered more questions from the Board and members ofthe larger community.The KNA Board voted unanimously to approve the forthcoming SMA Permit application. AttheJune 2021 KNA meeting,the Kilauea organization Na Kia'l o Nihoku gave a presentation outlining their concerns about the current proposed Green House.They also included recommendations thatwould help mitigate some oftheir concerns.They looked at the proposed house from a uniquely Hawaiian cultural perspective. While the KNA remains committed to support the Green's SMA Permit application,we also hope that the Greens be open and sensitive to the concerns raised by Na Kia'i o Nihoku and think about adjusting their plans in a manner that satisfies all Kilaueans and allows us to thrive and move forward into the future as one unifled community. With aloha, Yoshito L'Hote President <^6^ (I's^^^^ PO Box 283,KHauea,Kaua'l,Hawail 96754 www.kna-kauBi.org |Joekilauea@gmall.comLikeusonFacebook:Facebookxom/kna.kauai F.a.^.i SEP 1 4 2021 &EI aina S. Director of Plannmg Jocli A.Higuchi Sayegusa Deputy Director of Planning COUNTY OF KAUA'I PLAJNNING DEPARTiVIENT DIRECTOR'S REPORT '8i St^'^ti w-s"' .(igftilSK® SUiVEVIARY Action Required by Planning Coinmission: Consideration of Class IV Zoning Pennit,Use Permit,and Special Management Area Use Permit to allow the construction of a Farm Dwelling Unit,guest house,garage,and misc.site improvements. Permit Application Nos.Class N Zoa.mg Permit Z-FV-2022-1 UsePermit U-2022-1 Special Management Area Use Permit SMA(U)-2022-1 Name of Applicant(s)PHILIP J.GREEN AND LINDA M.GREEN II.PERiVHT INFORMATION ^:l.^«h~< V:\^022 Masrer Fiies\Reguiatory\2oning Permit5\Class lV\Z-)V-2022-l\Report\Report-1 8.26.21_Z-IV-2022-1_U-2022 '-Gr""-d°cx I BPT 1 e ')nTI f'rn62[W ^EP. S^KW%Ky^r''K':^'' S Use Permit Pursuant to Article 11,Section 8-11.3 of the KCC,1987 as amended,a Use Permit is required to allow any development,stmctures or uses within the Treatment District (ST). I1 Project Development Use Permit ?' I1 Variance Permit 1I Special Permit M Zoning Pennit Class |rv Dm Pursuant to Section 8-3.1 ofthe KCC,1987,as amended,a Class IV Zoning Permit is a procedural requirement in applying for a Use Permit. Special Management Area Permit KIUse QMinor Pursuant toSection 205A ofthe Hawaii Revised Statutes (HRS)and the Special Management Area Rules and Regulations of the Couuty of Kaua'i,the change in intensity of use of land,mcluding but not limited to the division or subdivision of land;which constitutes "Development . Therefore,a SMA Use Permit is required as defined in Section 7.3 of the SMA Rules. AJVIENDiVIENTS Date ofReceipt of Completed Application:July8,2021 Date of Director's Report:August 25,2021 Date of Public Hearing:SEPTEMBER 14,2021 Deadline Date for PC to Take Action (60TH Day):October 24,202 1 III.PROJECTDATA IV.LEGAL REQUIREMENTS Z-IV-2022-I,U-2022-1,SMA(U)-2022^1;Director's Report Green August25,2021 2 l Pag e Zoning Amendment I1 General Plan Amendment State Land Use District Amendment PROJECT INFORMATION Parcel Location:The project site is located within the SeacliffPlantation at Kilauea Bay Subdivision in Kilauea,approximately half (1/2)a mile southeast from the KTlauea Lighthouse.Parcel is along the makai side Makana Ano Place and approximately 990 feet north of its intersection with Pali Moana Place. Tax Map Key(s):(4)5-2-004:084 Area:12.305 acs. ZONING &DEVELOPMENT STANDARDS Zoning:Open (0)/Special Treatment-Resource (ST-R) State Land Use District:Agricultural General Plan Designation:Natural Height Limit:25 feet OR Based Flood Elevation (B.F.E.)plus 15 feet Max.Land Coverage:10%or 3,000 s.f.max Front Setback:lO'-O" Rear Setback:5'or '/2 the wall plate height whichever is greater Side Setback:5 or '/2 the wall plate height whichever is greater Community Plan Area:North Shore Development Plan (NSDP) Community Plan Land Use Designation:N/A Deviations or Variances Requested: Section S-3.1(f),KCC:This report is being transmitted to the Applicant and Planning Commission in order to satisfy the requirements ofSection 8-3.1(0,relating to the provision of the Planning Director's report and recommendation on the subject proposal within sixty (60)days of the filing of a completed application.The application was received on July 8,2021 and the Applicant,through its authorized agent,was notified accordingly ofthe Planning Department's intent to commence permit processing. PuMic Hearing Date:SEFTEMBER 14,2021 V.PROJECT DESCRIPTION AND USE The subject property is identified as Tax Map Key number 5-2-004:084 (CPR unit 1) consisting of approximately 12.305 acres (536,006 square feet)and has a county zoning designation of Open/Special Treatment-Resource (0/ST-R).The applicant is proposing to constmct a 6,113 square foot single-story farm dwelling unit (FDU)with a covered portico, a 1,849 square feet four (4)bay detached garage ,a five hundred square foot guest house with kitchen,swimming pool,and miscellaneous site improvements,such as rock retaining walls,fencing,outside shower,driveway,ground mounted photovoltaic (PV)solar array, and landscaping (see Exhibit "D"). The FDU features three (3)bedrooms,three and a half (3-1/2)bath,a great room,library media room,kitchen,pantry,laundry area,portico,and two (2)lanais.The guest house is composed of one (1)bedroom,one (1)bath,and a kitchen.The detached garage is for two (2)vehicles,farm equipment,and a workshop.As illustrated in the application (refer to Exhibit "D"pages 3,4,and 15),the proposed structures will have a "Hawaiian Contemporary"design that features a split-pitch hip roof line,standing seam copper roofing rooffinish,and moss rock exterior siding. VI.APPLICANT'S REASONS/JUSTIFICATION The project is intended to be the applicant's full-time residence. VII.ADDITIONAL FINDINGS 1.The project site is located within the Seacliff Plantation at KIlauea Bay Subdivision in Kilauea,approximately half a mile southeast from the KIlauea Lighthouse.Parcelis along the makai side Makana Ano Place and approximately 990 feet north from the intersection with Pali Moana Place. 2.The State Land Use District (SLUD)designation for Parcel 84 is "Agricultural,"which allows for agricultural growth in a specific area. Z-IV-2022-1,U-2022-1 ,SMA(U)-2022-1;Dircclor's Repon Green August25,202I 3.The property is situated within the North Shore Planning area and will be subject to the objectives and goals ofthe North Shore Development Plan (NSDP),which that includes the following: Goal A:To preserve the unique natural beauty of the North Shore Planning area. Goal B:To preserve the special rural charm of the North Shore Planning area. Goal C:To provide for the safety and welfare of the people,of their property of the North Shore Planning Area. Goal D:To provide for economic development of the North Shore planning area. Goal E:To preserve the wildlife and flora and the North Shore,recognizing man's dependence upon this preservation for his own health and welfare. Goal F:To insure the preservation of historic-archaeological sites in the North Shore Planning Area. Goal G:To create a development for evolutionary growth that depends upon a planning process whereby conflicts can be resolved through the establishment of priorities and community participation. Goal H:To provide for recreational opportunities that are compatible with the unique qualities and natural features of the North. 4.The proposed development is outside the 500 feet shoreline setback threshold,pursuant to the County's shoreline setback requirements contained in Chapter 8,Article 27 ofthe Kaua'i County Code (1987),as amended.As such,a Shoreline Setback Determination is not necessary. 5.The subject property is NOT located within the Visitor Designation Area (VDA). 6.The General Plan designation (GP)is "Natural".According to the GP,areas designated as Natural have limited development due to topography,hazards vulnerability,sensitive resources,and other constraints.They include State Land Use Conservation District lands and some County Open Zoning District lands. 7.The proposed residence is located within Zone "X"of Federal Emergency Management Agency (FEMA)Flood Insurance Rate Map.FEMA had identified these areas to be outside of the 0.2%floodplain and is far enough inland to be vulnerable to coastal erosion or impact coastal waters. Z-IV-2022-1.U-2022-1,SMA(U)-2022-1;Director's Repon Green August25,2021 4|Page 8.The proposed site slope upwards from the southerly comer to the highest point at the northerly edge ofthe parcel.The applicant will apply for grading permits as required for the proposed development. 9.Special Management Area (SMA) In addressing the issues ofthe Special Management Area and its objectives and policies,the following aspects will be considered and evaluated: a.Recreational Resources b.Cultural/Historic Resources c.Scenic resources d.Coastal Hazard e.Coastal Ecosystem Furthermore,the proposal does not: f.Involve dredging,filling or otherwise altering any bay,salt marsh,river mouth,slough or lagoon; g.Reduce the size of any beach or other area usable for public recreation; h.Reduce or impose restrictions upon public access to tidal and submerged lands,beaches,rivers,and streams within the SMA;and i.Adversely affect water quality,existing areas of open water free of visible structures,existing and potential fisheries and fishing grounds,wildlife habitats, estuarine sanctuaries,potential or existing agriculture uses of land. 10.CZO Development Standards The proposed development is subject to standards prescribed in Sections 8-4.3 and 8- 9.2 ofthe CZO.The following standards are considered: a.Setback Requirements:Front property line setbacks are lO'-O"with a side and rear property line setback of five feet (5'-0")or half the distance of the plate height whichever is greater. b.Parking Requirements:A minimum of two (2)off street parking spaces shall be provided. c.Setback between buildings:The distance between buildings shall be ten (10)feet minimum. Z-IV-2022-I.U^2022-I,SMA(U)-2022-1;Direclor's Repon Green August25.2021 5|Page d.Lot Coverage:Parcel 84 has a County zoning designation of Open (0),and it is entitled to a maximum lot coverage of 10%.As such,the total allowable lot coverage for the subject parcel is approximately 53,600 square feet.As proposed, the lot coverage for the development that includes all of the buildings and impervious surfaces will be approximately 30,177 square feet. 11.Building Height PursuanttoSec.lO-2.4(e)(l)oftheKaua'iCountyCode 1987,as amended, commonly referred to as the North Shore Development Plan (NSDP),it specifies that no structure shall be no higher than twenty-five (25)feet,except as provided under Ordinance No.416 (Flood Hazard Areas).However,Section 15-1.5(c)(4)(A) of the KCC allows a structure to be no higher than 25 feet from ground level OR base flood elevation plus fifteen (15)feet,whichever is greater at the site.As stated earlier this parcel is Zone "X"and is outside ofthe 0.2%floodplain. 12.Use Permit Pursuant to Article 3 of the Comprehensive Zoning Ordinance (CZO),Chapter 8 of the Kauai county Code (1987),the purpose ofthe Use Permit Procedure is to assure the proper integration into the community of uses which may be suitable only in specific locations of a district,or only under certain conditions,or only if the uses are designed, arranged or conducted in a particular manner,and to prohibit the uses if proper integration cannot be assured.Section 8-3.2 ofthe CZO specifies a Use Permit may be granted only if the Planning Commission finds that the use meets the following criteria: 1)The use must be a compatible use; 2)The use must not be detrimental to persons or property in the area; 3)The use must not cause substantial environmental consequences;and 4)The use must not be inconsistent with the intent of the Comprehensive Zoning Ordinance (CZO)and General PIan. VIII.AGENCY COMMENTS See attached Exhibit "A" IX.PRELIMINARY EVALUATION In evaluating the Applicant's request to allow the construction ofthe proposed development,the following shall be being considered. 1.General Plan The proposed development satisfies the following policies of the General Plan,as taken from Section 1.3 and 1.4: A.1.3,entitled "VISIONS AND GOALS" Z-IV-2022-1,U-2022-I,SMA(U)-2022-1;Director's Repon Green Augusl25,2021 6|Pag e 1)Goal #1 "Sustainable Island -The proposed farm dwelling and guest house is within the long-established neighborhood known as "SeadiffPIantation"that was formerly a part of KTlauea Sugar Plantation.The applicant will implement a a number ofgreen (environmentally enhancing)initiatives such as a 675 square foot ground mounted PV system. 2)Goal #2 "Unique and Beautiful Place"-The proposed design of the development will be composed of moderate to dark earth tone colors and landscaping to blend in the surrounding area.The development will have minimal impacts to the natural,cultural,social,and built environmental qualities ofthe KIlauea Community. 3)Goal #3 "A Healthy and Resilient People"-The proposed development will be used as the full-time residence for the applicant and designed to support multi-generational families.The development is within walking and biking distance to downtown Kilauea for shopping,medical,commercial,and recreational opportunities. 4)Goal #4 "An Equitable Place,with Opportunity for All"-The project will support and enhance economic,business opportunities,andjobs on Kaua'i. B.Section 1.4,entitled "POLICIES TO GUIDE GROWTH" 1)Policy #1 Manage Growth to Preserve Rural Character The proposed development is within the Seacliff Plantation subdivision.The subdivision is within County Zone Open/Special Treatment Resource (0/ST-R)and offers low density development and is consistent with preserving rural character. 2)Policy #2 "Provide Local Housing -As stated within the application the farm dwelling will serve as the applicant's full-time residence. 3)Policy #3 "Recognize the Identity of Kaua'i's Individual Towns and Districts -The proposed development is located within an approved subdivision with a county zone designation of OPEN/ST-R (0/ST-R)with a 10%maximum allowable lot coverage.The project will have minimal negative impacts to the surrounding area and will preserve open space. 4)Policy #4 "Design Healthy and Complete Neighborhoods"-The proposed site area is located close to the KTlauea's Town Center offering shopping, medical,commercial,and recreation opportunities as well as access to public transportation. 5)Policy#5 "Make Strategic Infrastructure Investments"-The farm dwelling, guest house,and detached garage are within Seacliff Plantation subdivision and 7|Page Z-IV-2022-I,U-2022-1,SMA(U)-2022-1;Director's Report Green August25,2021 uses infrastmcture built for these types of development while preserving vital open space. 6)Policy#6 "Reduce cost of Living -As stated earlier,the dwelling is within close proximity to the KIlauea Town Center.This provides connectivity to housing,potential of employment opportunities,and public transportation. 7)Policy#8 "Protect Kaua'i's Scenic Beauty"-As shown in the applicant's Architectural submittal (see exihibt "D"),the proposed structures shall use moderate to dark earth tone color as well as landscape screening to minimize the visual impacts to the surrounding area. 2.North Shore Development Plan Standards The applicant has identified and addressed all the goals within the Northshore Development Plan (NSDP).The proposed use will provide full-time residency for the applicant. 3.Native Hawaiian.Traditional ,&Cultural Rifihts Exhibit "M"ofthe application contains a letter from Na Kia'i Nihokii (NKN), caretakers and guardians of Nihoku that addresses this subject matter.The cultural practitioners who are familiar with the surrounding area,identified as Mehana Blaich Vaughn,Kau'ionalani Fu,William Kenney,and 'Ohana of Na Kia'i Nihoku provided feedback conceming the proposed development and that it may result in negative impacts to the native bird habitat,the ability to observe the native avian species,the KTlauea view plane,cultural refuge/teaching areas,and possible restrictions for future generations having access to the area.The applicant,through their Attomey,is working with NKN for proper mitigative solutions to these concems. Construction plans should not be finalized until all issues are resolved with Na Kia'i Nihoku. 4.SMA Rules and Regulations The COK SMA Rules and Regulations contain objectives,policies and guidelines designed to protect coastal resources.Within the SMA,special consideration is given to recreational opportunities,cultural and historic resources,scenic qualities and open space,coastal ecosystems,and coastal hazards.In evaluating the proposed development relative to the goals and objectives of the SMA Rules and Regulations,the following aspects are taken into consideration: a.Public Access and Coastal Recreation -The subject site is approximately half (1/2) a mile to the KTlauea Wildlife Reserve which is accessed through KTlauea Lighthouse Road.Kahili Beach and Kllauea Stream access is provided through KTlauea Quarry Road which offers numerous recreation activities such as swimming,surfing,fishing,camping,and kayaking.There is also a pedestrian trail which runs from Kahili Quarry Road to the west bank of KTlauea Stream.The 8|Page Z-IV-2022-],U-2022-1,SMA(U)-2022-1;Director's Rcport Green August25,2021 proposed development will not restrict any public access to the shoreline and other recreational areas. b.Cultural/Historical Resources -The subject property is in an existing subdivision with an improved road and utility infrastructure.An Archaeological Inventory Survey dated 1989 (prepared by Fredricksen and Fredricksen)was prepared for a portion of the subject property.No historic sites are know or were identified within the project area.A service reconnaissance of the project area did not reveal any archaeological features.The applicants are not aware of any archaeological, cultural,or historical resource on the surface of the project site;however,in the event of an inadvertent historic site or burial discovery in the future,the applicant will immediately contact the Department of Land and Natural Resources (DLNR), State Historic Preservation Division (SHPD). c.Scenic and Open Space Resources -The project will have no significant negative impacts on the scenic and open space resources.The color scheme of the dwelling, guest house,and garage will be ofmoderate to dark earth tone colors.The site will be landscaped to blend in with the surrounding area. d.Coastal Hazards -The subject property is not abutting the shoreline.There is one parcel between the subject site and the natural rocky shore cliff.The project area/site is not located within the tsunami evacuation area.The project site is located within Zone "X",as shown on Federal Insurance Rate Maps (FffiM 150002-0060E).The project will not be impacted by any coastal hazards. e.Coastal Ecosvstems -The project site is abutting lands owned by the U.S.Fish and Wildlife Service as the Kilauea Wildlife Refuge area along its northem boundary. Indigenous seabirds such as the Laysan Albatross,the White-tailed Tropicbird,the Red-tailed Tropicbird,the Brown Booby,the Red-footed Booby,and the Great Frigate bird frequent the nearshore areas of the KIlauea National Wildlife Refuge. Several migratory shorebirds species such as the Pacific Golden-Plover,the Ruddy Tumstone,the Wandering Tattler,and the Sanderling are present on the subject site during late July and late April ofeach year.The endangered Hawai'ian Petrel and the threatened endemic sub-species of the Newell's Shearwater have been identified to fly over the project area between April and the end of November each year.The development is located on a bluff above cliffs of the of the KTlauea National Reserve and portion of the property is an Open Space Easement of 3.154 acres which is managed by the U.S.Fish and Wildlife Service.The development will have very minimal impacts to the coastal ecosystem. 5.Use Permit a.Pursuant to Article 3 of the Comprehensive Zoning Ordinance (CZO),Chapter 8 of the Kauai county Code (1987),the purpose of the Use Pennit Procedure is to assure the proper integration into the community of uses which may be suitable only in specific locations of a district,or only under certain conditions,or only if the uses Z-IV-2022^1,U-2022-I,SMA(U)-2022-I;Director's Report Green August25,2021 9 1 Pag e are designed,arranged or conducted in a particular manner,and to prohibit the uses if proper integration cannot be assured.Section 8-3.2 of the CZO specifies a Use Permit may be granted only ifthe Planning Commission finds that the use meets the following criteria: 1)The use must be a compatible use; 2)The use must not be detrimental to persons or property in the area; 3)The use must not cause substantial environmental consequences;and 4)The use must not be inconsistent with the intent of the Comprehensive Zoning Ordinance (CZO)and General Plan. b.Based on the foregoing,the following aspects are considered: 1)Compatible Use -The proposed development is designed to be integrated with the surrounding residential uses within KTlauea Town.As noted in the Director's Report,the project site is within the Seacliff Plantation ofthe KIlauea Bay Subdivision and the proposed use is compatible with the surrounding uses and is not expected to impact urban activities in the area. 2)Community Input -The KTIauea Neighborhood Association (KNA)Board and members of the community voted unanimously to approve the forthcoming SMA Use permit application.While KNA is in support of the applicant s development,KNA also hope that the applicants be open and sensitive to the concems raised by Na Kia'i Nihoku and its residents. X.PRELIMINARY CONCLUSION Based on the foregoing,it is concluded that through proper mitigative measures,the proposed development can be considered,and it complies with the policies and guidelines of the Special Management Area Rules and Regulations in that: 1.The development will not have any substantial adverse environmental or ecological effect. 2.The development is consistent with the objectives/goals/policies ofthe County General Plan,the Comprehensive Zoning Ordinance,and other applicable ordinances. Furthermore,the proposal DOES NOT: a.involve dredging,filling,or otherwise altering any bay,estuary,salt marsh,river mouth,slough or lagoon; b.reduce the size of any beach or other area usable for public recreation; Z-IV-2022^1,U-2022-1.SMA(U)-2022-1;Director's Report Green August25.2021 io 1 Pag e c.reduce or impose restrictions upon public access to tidal and submerged lands, beaches,rivers or streams within the special management area;and d.adversely affect water quality,existing areas of open water free of visible structures,existing and potential fisheries and fishing grounds,wildlife habitats, estuarine sanctuaries or existing agricultural uses of land. Furthermore through proper mitigation measures,the proposed development would not have any detrimental impact to the environment or the surrounding area and is in compliance with the criteria outlined for the granting of a Use Permit and Class IV Zoning Permit. The Applicant should institute the "Best Management Practices"to ensure that the operation of this facility does not generate impacts that may affect the health,safety,and welfare of those in the surrounding area of the proposal. The Applicant shall implement to the extent possible sustainable building techniques and operational methods for the project. XI.PRELMINARY RECOMMENDATION Based on the foregoing evaluation and conclusion,it is hereby recommended Class IV Zoning Permit Z-IV-2022-1,Use Permit U-2022-1,and Special Management Area Use Permit SMA(U)-2022-1,be APPROVED.If approved,the following conditions shall be implemented: 1.The proposed improvements shall be constructed as represented.Any changes to said development shall be reviewed by the Planning Director to determine whether Planning Commission review and approval is warranted. 2.Prior to commencement of the proposed development,written confirmation of compliance with the requirements from all reviewing agencies shall be provided to the Planning Department.Failure to comply may result in forfeiture of the SMA Permit. 3.The proposed dwelling and guest house shall not be utilized for any transient accommodation puqioses.It shall not be used as a transient vacation rental (TVR)or as a homestay.This restriction shall be incoqiorated into the deed restrictions of the subject parcel in the event the property is sold to another party, draft copies of which shall be submitted to the Planning Department prior to building permit application approval. 4.In order to ensure that the project is compatible with its surroundings and to minimize the visual impact of the structures,the extemal color of the proposed dwelling,guest house,and detached garage shall be of moderate to dark earth- Z-IV-2022-1,U-2022-1,SMA(U)-2022-1;Dh-ector's Repon Green August25,2021 ii|Page tone color.The proposed color scheme and a landscape plan should be submitted to the Planning Department for review and acceptance prior to building permit application. 5.The Applicant is advised that should any archaeological or historical resources be discovered during ground disturbing/construction work,all work in the area of the archaeological/historical findings shall immediately cease and the Applicant shall contact the State Department ofLand and Natural Resources,Historic Preservation Division at (808)692-8015 and the Planning Department at (808)241-4050 to determine mitigation measures. 6.In order to minimize adverse impacts on the Federally Listed Threatened Species, Newell's Shearwater and other seabirds,if extemal lighting is to be used in connection with the proposed project,all extemal lighting shall be only of the following types: downward-facing,shielded lights.Spotlights aimed upward or spotlighting ofstructures shall be prohibited. 7.The Applicant shall develop and utilize Best Management Practices (B.M.P's) during all phases of development in order to minimize erosion,dust,and sedimentation impacts of the project to abutting properties. 8.The Applicant shall resolve and comply with the applicable standards and requirements set forth by the State Health Department,State Historic Preservation Division-DLNR, and the County Departments of Public Works,Fire,Transportation,and Water. 9.To the extent possible within the confines of union requirements and applicable legal prohibitions against discrimination in employment,the Applicant shall seek to hire Kauai contractors as long as they are qualified and reasonably competitive with other contractors and shall seek to employ residents of Kauai in temporary construction and permanent resort-relatedjobs.It is recognized that the Applicant may have to employ non-Kauai residents for particular skilledjobs where no qualified Kauai residents possesses such skills.For the purposes ofthis condition,the Commission shall relieve the Applicant ofthis requirement ifthe Applicant is subjected to anti-competitive restraints on trade or other monopolistic practices. 10.The Planning Commission reserves the right to revise,add,or delete conditions of approval in order to address or mitigate unforeseen impacts the project may,create,or to revoke the permits through the proper procedures should conditions of approval not be complied with or be violated. 11.Unless otherwise stated in the permit,once permit is issued,the Applicant must make substantial progress,as determined by the Director,regarding the Z-IV-2022-1,U-2022-1,SMA(U)-2022-];Director'sReport Green Augusl25.2021 ia|Pa g e development or activity within two (2)years,or the permit shall be deemed to have lapsed and be no longer in effect. The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the forthcoming public hearing process scheduled for September 14,2021 whereby the entire record should be considered prior to decision-making.The entire record should include but not be limited to: a.Pending govemment agency comments; b.Testimony from the general public and interested others;and c.The Applicant's response to staff's report and recommendation as provided herein. By -<-<. ROMIO IDICA Planner Approved &Recommended to Commission: KA'AINA S'.HULL Director of Planning Date:^ 'l^l l^f^-\ Z-rv-2022-1,U-2022-1,SMA(U)-2022-1:Director's Report Green August25,2021 13 lP age EXHIBIT"A" (Agency Comments) For reference JI.IL !2 RSC'u COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'l 96766 (808)241.4050 FROM:Kaaina S.Hull,Director (Romio)July 8,2021 SUBJECT:Class FV Zoning Permit Z-IV-2022-1,Use Pei-mit U-2022-1,Special Maiiagement Are Use Pennit SMA(U)-2022-1,Dwellmg,Single Family Detached Tax Map Key:(4)5-2-004:084,Phillip J.&Linda M.Green,Trustees, Applicant TO: D Department of Transportation -STP DPW-Engineering DOT-Highway,Kauai(info only)DPW-Wastewater DOT-Airports,Kauai (info only)n DPW-Building D DOT-Harbors,Kauai (info only)D DPW-SolidWaste State Department of Health D Department of Parks &Recreation a State Department of Agriculture FiTe-Department ^ State Office of Planning D County Housing-Agency D State Dept.ofBus.&Econ.Dev.Tourism u County Economic Development a State Land Use Commission a KHPRC State Historic Preservation Division Water Department D DLNR-Land Management Kaua'i Civil Defense D DLNR-Foresty &Wildlife a U.S.Postal Department DLNR-Aquatic Resources UH_Sea_Grant D DLNR-OCCL County Transportation Agency D Other: FOR YOUR COMMENTS (pertaining to your department): Sprinklers will probably be required based on the distance from the standpipe (not stated in plans)and the inadequate water supply.The nearest stand pipe to the site has low pressure and GPM's.The drive way may not have the turning clearance needed for fire department access This matter is scheduled for a public hearing before the County of Kauai Planning Commission on 9/14/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street, Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1) month t'rom the date of this request,we will assume that there are no objections to this permit request. Mahalo! COUHTY "''KAUA! •21 PLANNiHG DEPT. Jl.!!. COUNTYOFKAUA'I JUL 29 P 1 :41 PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766 (808)241-4050 FROM:Kaaina S.Hull,Director (Romio)July 8,2021 SUBJECT:Class IV Zoning Permit Z-IV-2022-1,Use Permit U-2022-1,Special Management Are Use Permit SMA(U)-2022-1,Dwellmg,Single Family Detached Tax Map Key:(4)5-2-004:084,Phillip J.&Linda M.Green,Trustees, Applicant TO: FOS^3B8ifi^d&tgNT&«8ffigtlnglte«eurdepartment): See conments on attached sheet. July 26,2021 :en Ta^eka^j^Acting Chief District l-jivircfeiental Health Office Kauai/This matter is scheduled for a public hearing before the County of Kauai Plamiing Commission on 9/14/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street, Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1) month from the date of this request,we will assume that there are no objections to this permit request. Mahalo! ~0 Department ofTransportation -STP s DPW-EngineeringsDOT-Highway,Kauai(info only)^DPW-WastewatersDOT-Airports,Kauai (info only) 'n DPW-BuUding 3 DOT-Harbors,Kauai (info only) ~a DPW-SolidWaste ^State Department of Health Department of Parks &RecreationsStateDepartmentofAgriculture ~s Fire-DepartmentsStateOfi'ice of Planning County Housing-Agency~D State Dept.of Bus.&Econ.Dev.Tourism 3 County Economic DevelopmentsStateLandUseCommissioasKHPRC~s State Historic Preservation Division Water DepartmentsDLNR-Land Management ^Kaua'i Civil Defense"D' DLNR-Foresty &Wildlife ~n~ U.S.Postal Department"D' DLNR-Aquatic Resources s UH_Sea_Grant~D DLNR-OCCL ~w County Transportation Agency"n Other: Class IV Zoning PermitApplication:Z-IV-2022-1 Use Permit:U-2022-1 Special Management Area:SMA(U)-2022-1 Applicant:Phillip J &Linda M.Green Based on our review ofthe application,we have the following environmental health concems for your consideration. 1.The use of individual wastewater systems is allowed as presented in the zoning application.The type and number of individual wastewater systems to be used on each lot witl be detennined by the wastewater rules in effect at the time of building permit application. 2.Noise will be generated during the construction phase of this project.The applicable maximum permissible sound levels as stated in Title 1 1,Hawaii Administrative Rules (HAR),Chapter 11-46,"Community Noise Control",shall not be exceeded unless a noise permit is obtained from the State Department of Health (DOH). 3.Temporary fugitive dust emissions could be emitted when the project site is prepared for construction and when construction activrties occur.In accordance withTitle 11,HAR,Chapter 11-60.1 "Air Pollution Control",effective air pollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas. This includes the off-site roadways used to enter/exit the project.The control measures include butare not limited to the use ofwaterwagons,sprinkler systems,dust fences,etc. 4.The property may harbor rodents which may disperse to the surrounding areas when the site is cleared.In accordance with Title 1 1,HAR,Chapter 1 1 -26, "Vector Control",the applicant shall ascertain the presence or absence of rodents on the property.Should the presence of rodents be detennined,the applicant shall eradicate the rodents prior to clearing the site. 5.The construction waste that is generated by the project shall be disposed of at a solid waste disposal facility that complies with the applicable provisions of Trtle 11 HAR,Chapter 11-58.1 "Solid Waste Management Control",the open buming of any of these wastes on or off site prohibited. Due to the general nature of the application submitted,we reserve the right to implement future environmental health restrictions when more detailed infonnation is submitted. Ka'aina S.Hull Director ofPIanning Jodi A.Higuchi-Sayegusa Deputy Director of Planning COUNTY OF KAUA'I PLANNING DEPARTMENT SUPPLEMENT #1 TO vV*,'ii'S^ff3'^ .^^^.\»i PLANNING DIRECTOR'S REPORT L9S RE:Class rv Zoning permit Z-rV-2022-1 UsePermit U-2022-1 Special Management Area Use Permit SMA(U)-2022-1 APPLICANT:PHILIP J.GREEN AND LINDA M.GREEN ADDmONAL FINDINGS Attached for the Planning Commission's reference is supplemental infoimation as follows: •Na Kia'i Nihokfl,Dr.Mehana Blaich Vaughan,Additional comments,Received August 31,2021 By -®- Romio Idica StaffPlamier 1 Class FV Zomng permit Z-IV-2022-1 Usc Pemiit U-2022-1 Special Maoagement Area Use Pennit SMA(U)-2022-1 Supplement#l to Director's Report • PHILIP J.GREEN AND LINDA M.GREEN 09.01.21 1 OCT26 2021 Background Pertaining to The Significance ofNihoku,Kilauea,Kaua'i Permit Application for Development of Single Family Home,TMK 52004084000 Nihoku,or Crater Hill,is a volcanic cinder cone located along the coast ofthe ahupua'a of Kilauea, within the moku of Ko'olau.Nihoku is the volcanic crater that gives the Kilauea area its name. Kilauea means "spewing,"like the Big Island's active caldera.Nihoku is located in the coastal zone Special Management Area and within a Scenic/Ecologic Resources (ST-R]special treatment district.The area offers sweeping vistas of both Halele'a and Ko'olau districts and is one of Hawai'i s most important sea bird nesting sites.Nihoku is also uniquely culturally significant as a site ofmultiple mo'olelo and ongoing Native Hawaiian traditional and customary practices. Geologic Significance Nihoku is a volcanic crater rising 560 feet above the shoreline on the north-east side ofthe Island ofKaua'i. The crater is part ofthe late-stage Koloa Volcanlc series that covers most of Kaua'i's east side, erupting through large fissure-like fractures in the shield volcanic dome ofthe earlier Wai'ala'ale series.Other Koloa series craters and land forms indude Nomilu and cinder cones along the Po'ipu coastline. The exact age of Nihoku's eruption is still undetermined and likely ranges from .5-2 million years ago. Only 1/3 ofthe volcano complex still exists,the rest having fallen into the sea.[t likely had a former dlameter ofat least 1.2 mlles,large enough to encompass Diamond Head. Nihoku's volcanic eruptions produced ash that continues to enrich surrounding soils. Nihoku is one of the highest cliff points along the northeastern coast of Kaua'i. The mountain offers a significant vantage point and location for atmospheric and phenological observations,connecting indicators such as plant flowering and bird nesting to annual weather patterns and climate change. Soils of Crater Hill consist primarily of Lihu'e Silty Clay;deep,nearly level to steep,well-drained soils that have a fine textured or moderately fine textured subsoil.These soils are well to excessively drained,found on very steep to precipitous mountains and gulches. SUMMARY:Nihoku is a unique geologic feature of Kaua'i and all of Hawai'i,from which it is possible to teach and observe the geologic history ofthe islands,erosion processes and impacts ofclimate change,The proposed house would be the highest structure ever built on Nihoku,located directly below the narrowest point ofthe crater rim.Excavation into the subject parcel's steep hillside should be minimized due to the area's sensitive geology and susceptibility to erosion. Ecological Significance •Approximately half the lands that make up Nihokii,along with Wowoni point to the west,site of Kilauea lighthouse and Mokolea point to the east,fall within the Kilauea Point National Wildlife Refuge due to their sensitive ecology and significant seabird habitat. •Nihoku is a significant geological feature that impacts atmospheric processes such as rainfall and wind patterns along the northeastern coastline of Kaua'i. •This area comprises one ofthe largest seabird nesting colonies in the Main Hawaiian Islands. •Ten different sea and shorebird specles nest here including 'a (red footed booby],moli (laysan albatross],ua'u kani [wedge tailed shearwaters),koa'e kea and ula [red and white tailed tropic birds),and 'iwa (great frigate birds). •Some birds are threatened and endangered specles such as nene (Hawaiian geese - endangered),and a'o (newell's shearwater -threatened). •Nihoku is also site ofa predator prooffence where chicks ofboth a'o (newell's shearwater)and the (ua u]endangered Hawaiian petrel are being relocated from mountain nesting areas of Kaua i.Chicks ofboth species can no longer survive in the wild due to predation by feral cats. •Moli (laysan albatross]chicks from the Pacific Missile Range Facility at Polihale are also relocated to Kilauea refuge lands. •Nihoku is a signlflcant high-island refugia for the mass exodus of populations of millions of seabirds and shorebirds in the Northwestern Hawaiian Islands (NWHI]whose nesting grounds are already being impacted by sea level rise and climate change. •The higher slopes of Nihoku,including the subject parcel,are home to native pueo (Hawaiian short-eared owl),which are ground nesting field hunters,Pueo are listed as endangered on O'ahu and have high mortality rates on the island of Kaua'i from undetermined causes potentially linked to human impact.(Note:the Hawai'i state legislature in 2021 passed a resolution asking DOFAW to request review by USFWS ofpueo for endangered species listing across Hawai'i.) •Nihoku is also home to the endangered hoary bat (ope'ape'a),the only land animal native to the Hawaiian archipelago. •Seabirds require expanses of open space in which to land and soar and are highly sensitive to Hght interference.Development ofhomes on agricultural lands surrounding the refuge shrinks habitat and potentially impacts bird populations. •Proactive efforts to cultivate and increase wllderness habitats,as well as environmental restoration efforts in the Main Hawaiian Islands,are critical,especially in areas with established seabird nesting habitats. SUMMARY:The subject parcel adjoins the Kilauea Point National Wildlife Refuge on two sides of the property.The proposed house site would comprise the closest development to existing seabird nesting areas,some of the most critical in all of Hawai'i.The subject parcel is likely suitable habitat for moli (laysan albatross),ua'u kani (wedge tail shearwaters),and nene,all of which nest just on the other side ofthe fence separating the property from refuge lands.These species have been spotted on the subject parce],along with pueo.With seabirds'primary habitat in the NWHI shrinking due to sea level rise,Nihokii and the surrounding refuge lands are the most likely suitable relocation site. It is vital to expand protection ofbuffer areas surrounding the refuge and maintain critical habitat rather than threaten its integrity through encroachment. Cultural Signlflcance Nihoku,is a wahi pana,a storied and sacred space,unique in all of Hawai'i. •The wind ofNihokii,ao po'o muku,can be translated as cutting or splitting the tops ofthe clouds. This may refer to the way clouds and incoming weather from the north-east separate at Nihoku. Though small,the mountain blocks wind and storms,sending rain showers either towards the mountains or seaward. •Chants for the area refer to groves of hala and the scent of hinano (hala blossoms)on the mountain. Nihoku is referred to in multiple Hawaiian mo'olelo (chronicles,history,stories]including: •Pele and her siblings mlgrated to Hawai'l from Kahiki as Pele sought to find a home for her fires. This mo olelo shares of Pele digging the volcanic crater of Nihoku,her sister Namakaokaha'i sending crashing waves to destroy it,and ofthe three Kilauea sisters who watched their battle only to be turned to stone by Pele's wrath.A1I three stone sisters stand today on the rim of Nihokii. •Puapualenalena is referred to in an archival chant labeled a hula 'ilio (dog hula]related to Nihoku. Puapualenalena,a trickster kupua or spirit,appearing in this case in dog ('ilio)form may be associated with a heiau located on Nihoku,referred to by Thrum in 1907 as a heiau pa 'ilio. •Menehune jumped from the cliffinto the ocean here as a favored game.They attempted to build a bridge to Makapili islet at the base of Nihoku before being foiled by sunrise.Nihoku is also referred to as a possible home site ofa prominent menehune chief. The area is mentioned in stories ofthe ali'i Lonoikamakahiki and associated with makahiki rituals for the deity Lono,rituals which continue at Nihoku and Mokolea today. Areas visible from Nihokii encompass multiple mo'olelo ofHalele'a and Ko'olau including the mo'olelo ofAahoaka,child ofKaIalea and Koananae with its many characters who are mountains and valleys within sight ofthe hillside.This mo'olelo also speaks oftwo eel siblings who dug sea caves and waterways in the Kilauea area seeking fresh water. Another mo olelo attributes formation of Kilauea plateau and its two surrounding river valleys to Kamo'okoa,a giant mo'o visible from Nihokii along the eastern flank of Namahana mountain. Historical and Ongoing Traditional and Customary Hawaiian Cultural practices at Nihoku: Kilo:Seasonal observation ofweather patterns,star lines and the path ofthe sun and moon over the mauna. Mo'olelo:Perpetuation ofstories ofthe Ko'olau and Halele'a area through visitation and viewing of wahi pana (storied places)that serve as both setting and characters Inoa 'aina:Study,interpretation and perpetuation ofplace names. OIi,haku mele,hula:Composition,and offering ofchants,songs and dance.Halau hula from across Hawai'i and the world,particularly those associated with the volcanic traditions of Pele,study and visit Nihoku and its associated mele. Hulu Manu:Gathering and utilization ofseabird feathers to facilitate teaching and perpetuation of feather arts.Seabirds deflne levels ofthe atmosphere (ao lewa lani lewa,for example,the region where birds soar)as a marker of space and sacredness.They teach about behavior in the way koa'e court and nest,nene guard their young,and 'iwa,though regal,steal food from others rather than working for their own.Their feathers are used in lei design to carry certain qualities,and in ceremonies such as makahiki.They signify royalty and are used to make kahili,such as those at lolani Palace,surrounding Lili'uokalani and Kalakaua. Malama;Care and guardianship ofplaces that embody gods,ancestors,and 'ohana. Lawai'a:Fishing.Nihoku includes a historic fishing trail used by Hawaiians and later Kilauea residents through the plantation era to access Makapili.It is an important spotting site for fish. Ho'okele and Wa'a:Celestial observation and navigation.Nihoku is a key training ground in these arts as well as a key navigational marker for canoes journeyingto,from and around Kaua'i. A'o -Education to perpetuate connection to place along with associated customary practices. SUMMARY:Nihoku is the highest accessible point in much of Ko'olau and Halele'a,situated near where the two moku join.The mountain affords significant and rare views as far as Anahola and Pila'a to the east,past Kalihikai,Wanini,and Hanalei to Ha'ena in the west.This rare vantage point is vital to understanding the entire Ko'olau and Halele'a moku,their mo'olelo,mountains,place names and many wahi pana.Nihoku is a critical kilo or observation point.The proposed home site impacts perpetuation ofmultiple cultural practices connected to the area and the traditional and customary rights associated with each. Past assessments for development surrounding Nihoku,located within Sea Cliff Plantation,including a 2019 Ka Pa'akai Analysis for permitting ofa single family home before the Kaua'i Planning Commission,incorrectly concluded that there is no existing cultural significance or traditional and customary practices for the area. KO KO'OLAU KOVMOHANA MAU WAHI PANA (KO JIWA 'IKENA)-- MAKALEHA MOUNTAINS WAIAKALUA NUI ^....,ffnffT""'' (PAPA-A).^" >3^Sj^y,^1^ m~^^<.~"^^ KEPUH)PT..^*>/«.'•''/"KA LAE 'O WOWONI—^c^\—' ^K^*.^ —-"-.^ROKU •A.E'A'E^ f^(J.£"K^U'SN(TV TMwi Communlty Slgnlflcance The Kilauea community has long recognized the significance of Nihoku and fought to protect Crater Hill and surrounding areas. •In the early 1980s,Kilauea Neighborhood Association opposed the Sea Cliffsubdivision due to concerns about imposition ofa gated community,loss ofKilauea's agricultural way oflife,and protection of the viewscape and significant landmark of Nihoku for all of Kilauea. •Though the subdivision was permitted,community members won multiple conditions: 1)75 acres at the base of Nihoku were set aside for the Kilauea Agricultural Park,now 'Aina Ho'okupu o Kilauea. 2}Houses built at Sea Cliffwere required to use earth-toned materlals and to be built below a setback line,so as not to detract from the profile of the landmark of Nihokii. •When the roads,induding Makana 'Ano place,were surveyed and built within Sea Cliff PIantation subdivision,the setback line had to be raised and redrawn.Installed roadways left less than 50 ft. ofbuildable area between roads and agreed upon set back lines. •Multiple houses within Sea Cliff Plantation are visible on Nihoku from Kuhio highway in both directions,from Lighthouse Road,and from public access roads to Kahili beach from both Wailapa and KTlauea town. •During the subdivision of Sea Cliff Plantation,the communlty also fought to protect Mokfllea Point from development ofaround ten luxury home sites. •With the leadership ofSenator Daniel Inouye's office,Mokolea and much ofNihoku were purchased by the federal government in 1988 to expand Kilauea Point National Wildlife Refuge. •This conservation effort was brokered by Trust for Public Lands in one oftheir first land deals in Hawai'i. •Senator Inouye came to dedicate the expanded refuge lands in 1988,along with Sparky Matsunaga and Daniel Akaka.When Inouye looked at the vista from Nihokii for the first time,he declared that the parcel at the top of Makana'ano place,must also be preserved and added to the refuge lands as the public viewing area that remains today. •Kilauea 'ohana had already accessed Nihokii throughout the plantation era to fish,hunt,explore, picnic,hike,and watch the sunset together. •Nihokii continues to be a vital recreational asset to Kilauea due to the generous support of Sea Cliffhomeowners who allow walking access through the gated community.From early morning to sunset,Kilauea kupuna,mothers,keiki and multiple generations of'ohana walk,bike,run,bird and whale watch,take family photos,and enjoy the view. •Access to an important fishing trail on Nihoku is also preserved and continues through the refuge. Na Kia'i o Nihokii (NKOK),a group ofcultural practitioners from the Kilauea area founded in 2016, holds a cultural use permit with the USFWS to escort groups to Nihokii for cultural,educational and ecologlcal restoration purposes.These groups are subject to strict size limitations and access requirements due to the ecological sensitivity ofthe refuge. In their first four years (prior to the coronavirus epidemic),NKOK held 40 events,escorting over 800 individuals to Nihoku including Kaua'i school children,hula halau and other cultural practitioners along with groups like Leadership Kaua'i and Kaua'i Community College Classes.Over halfofthose attending had never been to Nihoku. Removal ofinvasive species by NKOK's volunteer members and groups is crucial to annual preparation ofkipuka ofnative plantings on Nihoku for annual bird nesting seasons. The Kilauea community has also worked to preserve neighboring Kahili beach and estuary, where Kilauea River meets the sea,at the foot of Nihoku.Beach cleanups,begun in the 1990s, continue monthly,along with restoration of native dune habitat. KTlauea community members worked with property owners ofthe dunes at Kahili beach,also once slated for a luxury home,to instead gift that land to the Hawai'i Land Trust (formerly Hawai'i Islands Land Trust.Hawai'i Land Trust works wlth the Kilauea community and USFWS to steward Kahili along with multlple area conservation easements. SUMMARY: The Kilauea community has worked steadily for over fifty years to secure and implement protection of Nihoku and to care for the vital Kilauea landmark.Community members have continually accessed the mountain as part oftheir way oflife and 'ohana experiences.Nihoku rises above the former plantation town and recent agricultural subdivisions sprawling across the former sugar lands providing a place of refuge for the community to learn about Kilauea,spend time together,reconnect, and replenish.The subject parcel is the most sensitive and potentailly impactful ofall the building sites within the Sea Cliff plantation,and possibly in all of Kilauea,because it is the highest and closest to areas ofNihoku still easily and regularly accessed by community members. Community Concerns Regarding Development of Proposed House; The proposed development is situated on a 12.2 acre parcel,consisting of two CPR units.According to the County of Kaua'i real property website,the upper and larger unit is 7.93 acres.The smaller and lower unit is 4.3 acres.Both are owned by the appllcant,who purchased the entire TMK in 2019 for 1.75 million dollars.The proposed size and siting ofthe house prompts multiple community concerns. Size;The proposal indudes extensive developed area of 30,177 square feet within this sensitive site. •The proposed total roofarea is just over 12,000 square feet (12,071 sf)including a main house,garage,and guest house,with an additional 1,283 square feet beyond roofeaves. •The proposal includes excavation ofa nearly 3,000 square foot (2,970 sf)swimming pool. *Driveway and court areas encompass nearly 12,000 additional square feet [11,597 sf),plus 1,581 square feetofpavers (stepping stones)and 675 squarefeetofphotovoltaicpanels. Siting:The selected siting of the house on the upper CPR unit,is one of the steepest sections of hillside.Extensive excavation into the hillside will be required to flatten the lot.The lower, smaller CPR unit is flatter,nestled out ofthe wind and rain storms that funnel around Nihokii. Drainage:The roof,driveways,and impermeable surfaces planned for the parcel with its high elevation and steep terrain along with the grading required to build them pose drainage concerns. *The area's average rainfall is aproximately 65 inches.The lot is subject to high intensity storms and rainfall events,expected to increase with climate change. *The property encompasses a small ravine that drains from the upper reaches of Nihokii into the Sea Cliff storm drain system. *Water from storm drains at Sea Cliff funnels into a drainage that washed out the Rock quarry road to Kilauea Bay in 2019,the only public access from Kilauea town.The county roadway remains closed. Water:Kilauea's water infrastructure is at capacity,which impacts available water for housing and agriculture.There is some question ofwhether existing water pressure is adequate to feed development at this height without impacting other Kilauea water users. Llghts:Light interference critically impacts threatened and endangered species such as newell shearwaters and Hawaiian petrel,both ofwhich nest near the subject property.Lights also impact the traditional and customary practice of celestial navigation and observance of stars. Climate Change:Community concerns also emphasize the increasing sensitivity and importance ofthe site in the face ofclimate change.Climate change is projected to increase rainfall intensity and speed up erosion rates,while also leading to longer dry periods and enhanced fire risk.The exposed nature and strong winds ofthe Nihoku portion ofthe refuge and adjoining lands increase chances of wildfire,exacerbated by the year-round growing season for vegetation.Increasingly rapid sea level rise in the northwest Hawaiian islands makes it vital to protect and expand seabird habltat at Nihoku. •The Kilauea Neighborhood Assoclation (KNA)submitted a letter to the Planning Department in June 2021 supporting the proposed SMA permit application.However,the letter noted that some Kilaueans have legitimate concerns regarding the development,which the KNA Board urged be addressed "in a manner that satisfies all KIIaueans and allows us to thrive and move forward into the future as one unified community." •Many Kilauea community members are still learning about the proposed house development and permlt. •Na Kia'i o Nihoku and other Kilaueans have articulated proposed conditions to mitigate impacts ofthe home and have been meetingwith the homeowners to discuss them. 1)Decreasethe size ofthe house 2)Minimize excavation and grading into the hillside 3]Move the house down the mountain to the lower 4.3 acre CPR unit,further from the refuge 4)Lowerthe roofline 5)Combine the two CPR lots within the TMK so that it remains one large property with one house and owner,preventing subsequent sale ofthe second lot and possible further development. 6]Perpetual protection for the land such as a conservation easement with the Hawai'i Land Trust or donation to expand the refuge •'^1^"':"-•••.:".-:^^^'^SS',^°^:£Sw^v^^."..•.,'..^'•'.'.-.''•.'^::':':.--^.'^..^:<.;—^si Land Use and Zoning •Nihoku s land use designation is Conservation and Agricultural at the state level,Natural and Open at the county level.The 2020 Kaua'i general plan states:"Areas designated as Natural have either limited development capacity or are not suitable for development due to topography, hazards vulnerability,sensitive resources,and other constraints.Very few residential uses are found in the Natural designation and are generally not encouraged." •Comprehensive zoning Ordinance article 11 -sec.8.11 requires that the Planning Commission ensure that development within special treatment areas recognizes,preserves,maintains, and contributes to the enhancement ofthose characteristics ofparticular significance or value to the general public (because ofunique or critical cultural,physical or locational characteristics). •North shore zoning maps have not been updated slnce the North Shore Development PIan Update in 1979,adopted by the Kaua'i Planning Commission in 1983.However,Nihoku and surrounding parcels meet requirements ofthe following special treatment districts: a)Cultural/Historic (ST-C).Communities and land or water areas which have a particular and unique value to the general public because of significant historic background,structures,or landforms. b)Scenic/Ecologic Resources (ST-R).Land and water areas which have unique natural forms, blologic systems,or aesthetic characteristics which are ofparticular significance and value to the general public. c)Open Space (ST-0).Areas which,pursuant to Article 9 ("Open Districts"),have been designated as "open space"areas. d]Coastal Edge (ST-CE).Areas that are highly vulnerable to coastal hazards,including but not limited to sea level rise,coastal eroslon,high wave run-up,passive flooding,and an increased frequencyandintensityofstorms.(Ord.No.935,November 14,2012;Ord.No.1085, December 3,2020] •Nihokii and the subject parcel are within the designated Scenic/EcologicaI Resources (ST-R) Special Treatment District. •The Kilauea town plan identifies views from Nihoku as part of Kilauea's assets and a desire to retain Kilauea's rural charm and scenic landscapes. SUMMARY The subject parcel is located within multiple protective county level zoning designations:natural, open,SMA,and special treatment resource district,all ofwhich recognize its limited development capacity due to topography,hazards vulnerability and sensitive ecological and scenic resources. 10 UMUGHIHOUSESEitVICE KiUUEARO ILOOAuis VtniiBcMitiiyiilctifil;-. ^MM-^-»<a^ UNnED STATES OF AMERICA ^LWAcm Vtew:n6(>crt]51.tttt.elinclninell/J[[EaeniS ^LJBSOI UN1TID OTATCS Of AMEBICA f7M»avs VleuKREwwll MateseEZi UN 1 Ttt)STATES OF AME ItlCA 7.47 Acm •BCH£ilI Shcltlics 1 Pli tomtilrTLjs^E£[Y^£wyi!c MjDSflt <jREEN.PH [LIPJJFITRUST CBEEN.UNDAMTRUST HAWAIIAN ISIANM LANO TBUST WAILAIURD GREEH.PHILIPJJFirdUCT GllEEN.tlNDAMTftUST 4WACIS /lewgsadlSi'etrisiiei HAWAIIAN 1SIAN DS LW D TRUST U^OAtTTS VBW B£ii2a1 Stelttei t £" yai&SB COUNnOFKAUAI WAILAPARD Z.MAcrs £hH|P SOMEBS^HARLES M TRU^r WEST SUNSE7 32 PHASE 1 LLC lS57KAHIUWW[|lYRt) uisaiais VIW.Rencirt I Sketcbt-i 1 Pjct; Malrioincr Rlrul 10520040640001 Acnaga 7.934 a*u AG Brinf Tkx OuCTtptton Kha/PhyilcaIAddi MalllniAAireu TotalMarket^lue $U)25.400 GRE EN.PH lUPJJRTRUffT TotalAsseswdniue tl,02S,400 POBOXS4 TotalDiunptlofn SO KllAUEAHt96754 TotaINetTuuhteV.ilue SU25.-)00 UNmS£ACUFFKILOHANACM5A43TaG/UN050XINTINALLCOMMONELEMENTS (Nole:Not to be used on [egal dimjmentsl UstZSato Date Prke Reaian S/7/2019 (1750000 VALID SALE 11 Listoflmages: Page 1: 1}View of Nihoku Crater and Makapill islet within.Mokolea point in the distance suggests the size ofthe original crater before it eroded into the ocean (page 1). Page 3: 2]Ua u (wedge tailed shearwater)and moli (laysan albatross)nesting at Nihoku (page 3). Page 5: 3]Ko Ko'olau Komohana mau Wahi Pana -Storied Places ofWestern Ko'olau,An iwa's eye view of Nihokii (Crater Hill)and surrounding areas,by Gary Smith. 4]Kilauea child carrying kahili made with iwa and moli feathers. 5]Image of Lonikamakahiki set as part of makahiki ceremonies at Nihoku and Mokolea Point. Page 7: 6)Kilauea school first graders working to weed invasive species from native plantings at Nihoku. 7)Nihoku kilo,observance of the summer solstice,Ke ala polohiwa a Kane. Page 9: 8}Photo ofthe subject parcel looking ma uka at Nihoku,with sight line poles demarcating height of proposed house.The Kilauea Point National Wildlife Refuge fence is visible at top left. Page 10: 9)View of subject parcel and proposed house site,looking ma kai,down Nihoku. Pagell: lOJMap ofsubjectparcel and surrounding land ownership. ll)Archlval photo ofWowoni Pt.with Kilauea Lighthouste,Nihoku and Mokolea Pointtaken in 1924. Page 13: 12)Archival photo of Nihoku and surrounding areas.Date is unclear,however Kilauea sugar plantation operations are evident and the photo may capture ranching,a long time land use for Nihokii. 12 13 References Antaky,C.,N.Galase,M.R.Price (2019)Nesting ecology in the Hawaiian population ofan endangered seabird,the Band-rumped Storm Petrel (Oceanodrama castro).Wilson Journal ofOrnithology 2:402- 4Q6.httcs://doi.ore/10.1676/l8-123 Bell,S.,L.Luther,C.Wilhite,M.R.Price.Mortality in the Hawaiian Short-eared Owl (pueo;Asio flammeus sandwichensis).Subminingto Raptor Research. Blay,Chuck and Siemers,Robert.(2004)Kaua'i's Geologic History.A Simplified Guide.Updated Edition.TEOK Investigations. Baker,J.D.,C.L.LiUnan,and D.W.Johnston.2006.Potential effects ofsea level rise on the terrestrial habitats ofendangered and endemic megafauna in the Northwestern Hawaiian Islands.Endangered Species Research 4:1-10. County ofKaua'l.Department ofWater.Water Plan 2020.March 2001.Available at http://www.kauaiwater.org/ce_waterplan2020app.asp. County ofKaua'i.2006.Kilauea Town Plan.September 2006. http;//kilauealighthousevillage.com/wp-content/uploads/2010/12/KilaueaTownPlan.pdf. Fletcher,C.2010.Hawai'i's Changing Climate,Briefing Sheet.University of Hawai'i Sea Grant College Program,Center for Island Climate Adaptation and Policy. http://icap.seagrant.soest.hawaii.edu/hawaii%E2%80%99s-changing-climate-briefing-sheet. Foote,D.E.,E.L.Hill,S.Nakamura,and F.Stephens.1972.Soil Survey ofthe Islands ofKaua'i,O'ahu, Maui,Moloka'i,and Lana'i,State of Hawai'i.U.S,Department ofAgricuIture,Soil Conservation Servlce. Fornander,Abraham and Thomas G.Thrum.1919.Fornander Collection ofHawaiian Antiquities and Folklore,T.G.Thrum edit,Memoirs ofthe Bernice Pauahi Bishop Museum (Vol.VI,Part I],Bishop Museum Press,Honolulu,HI. Friswold,B.,K.Swindle,D.Hyrenbach,M.R.Price (2020]Wedge-tailed Shearwater (Ardenna pacificaj fallout patterns inform targeted management.Marine Ornithology 48:245-254. Handy,E.S.Craighill and Elizabeth G.Handy.1972.Native Planters in Old Hawaii:Their Life,Lore, and Environment,B.P.Bishop Museum Bulletin 233,B.P.Bishop Museum,Honolulu,HI. Hula 'Ilio.Unknown Composer and Date.Bishop Museum Archives. Joesting,Edward.1984.Kaua'i:The Separate Kingdom,University of Hawaii Press and Kauai Museum Association,Ltd.,Honolulu,HI. Juvik,S.P.and J.O.)uvik.1998.Atlas ofHawai'i,Third edition.University ofHawai'i Press:Honolulu. 333pp. Leong,J.A.,Marra,].].,Finucane,M.L.,Giambelluca,T.,Merrifield,M.,Miller,S.E.,Polovina,J.,Shea,E., Burkett,M.,Campbell,).,Lefale,P.,Llpschultz,F.,Loope,L.,Spooner,D.,and Wang,B.2014.Ch.23: Hawai'i and U.S.Affiliated Pacific Islands.Climate Change Impacts in the United States:The Third National CIimate Assessment,J.M.Melillo,Terese (T.C.)Richmond,and G.W.Yohe,Eds.,U.S.Global 14 Change Research Program,537-556.doi:10.7930/)OW66HPM. McMahon,Nancy.Ka Pa'akai Analysis.(2019J."Native IIawaiian Traditions,Customary Practices and Perspectives of Kilauea Ahupua'a Moku o Ko'olau,Kaua'i Island for TMK (4)5-2-004:088."Prepared for Paul Barker by Exploration Associates,Ltd. Middleton,B.A.2006.Invasive Species and Climate Change.U.S.Geological Survey Open-File Report 2006-1153. Nupepe Kuoko'a.1861."Legends ofHawai'i and Kaua'i."Hawaiian Language Newspaper -Nupepa Kuokoa,Honolulu,HI. Pukui,Mary Kawena and Samuel H.Elbert.1986.Hawaiian Dictionary,2nd Edition,University of Hawaii Press,Honolulu,HI. Reynolds,M.H.,Courtot,K.N.,Berkowitz,P.,Storlazzi,C.D.,Moore,).,and E.FIint.Will the effects of sea-level rise create ecological traps for Pacific [sland seabirds?PLoS ONE 10(9):e0136773. doi:10.1371/journal.pone.0136773. Smith,C.W.and J.T.Tunison.1992.Fire and alien plants in Hawai'i:Research and management fornative ecosystems.In:C.P.Stone,C.W.Smith,and ).T.Tunison,eds.Alien plant invasions in native ecosystems ofHawai'i:Managementand Research.UniversityofHawai'i Cooperative National Park Resources Studies Unit,Honolulu,HI.Pp.394-409. Smith,Gary.Oral Histories conducted from 2013 -2016. USFWS "About Kilauea Point National Wildlife Refuge.U.S.Fish and Wildlife Service. https://www.fws.gov/refuge/Kilauea_Point/about.html USFWS (U.S.Fish and Wildlife Service).1989.KTlauea Point National Wildlife Refuge Draft Public Use Management Plan.Honolulu,Hl. USFWS.2007.Land Conservation Plan and Environmental Assessment.Kilauea Point National Wildlife Refuge,Kaua'i County,Hl. Vitousek,Peter M.1994.Beyond Global Warming:Ecology and Global Change.Ecology 75(7]:1861- 1876. Wichman,Frederick B.1998.Kaua'i Ancient Place-Names and Their Stories,University of Hawai'i Press,Honolulu,HI. Wilhite,Chad.(2021,May).Population Dynamics and Habitat Use ofPueo (Hawaiian Short-Eared Owl:Asio Flammeus Sandwichensis).Masters ofScience Thesis,University ofHawai'i at Manoa. 15 4444 Rice Street, Suite A473 • Līhu‘e, Hawai‘i 96766 • (808) 241-4050 (b) An Equal Opportunity Employer PLANNING COMMISSION DONNA APISA, CHAIR HELEN COX, VICE CHAIR GERALD AKO, MEMBER MELVIN CHIBA, MEMBER FRANCIS DEGRACIA, MEMBER GLENDA NOGAMI-STREUFERT, MEMBER LORI OTSUKA, MEMBER KAAINA S. HULL, CLERK OF COMMISSION MEMORANDUM DATE: September 13, 2021 TO: Planning Commission FROM: Clerk of the Commission SUBJECT: 1st Addition to the 9/14/2021 Planning Commission Agenda F. HEARINGS AND PUBLIC COMMENT 2. New Agency Hearing a. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1), CLASS IV ZONING PERMIT (Z-IV-2022-1), and USE PERMIT (U-2022-1) = Phillip J. & Linda M. Green. 4. Letter (9/9/2021) from Puakea Mookini-Olivera. 5. Letter (9/9/2021) from Marianna Milbrand. 6. Letter (9/9/2021) from Stephanie Stewart. 7. Letter (9/9/2021) from Ann Eu. 8. Letter (9/10/2021) from Philip Green. 9. Letter (9/10/2021) from Kahanu Keawe. 10. Letter (9/10/2021) from Paige Guglielmana. 11. Letter (9/10/2021) from Donald Maurer. 12. Letter (9/10/2021) from Lauren Esaki-Kua. 13. Letter (9/10/2021) from Mia Melamed. 14. Letter (9/11/2021) from Kai Harrison. 15. Letter (9/11/2021) from Sarah Barger. 16. Letter (9/11/2021) from Edelle Sher. 17. Letter (9/11/2021) from Amanda Elizabeth. 18. Letter (9/11/2021) from Christene Reale. 19. Letter (9/11/2021) from Ken Carlson. PAGE 2 20. Letter (9/11/2021) from Katherine Alexander. 21. Letter (9/11/2021) from Ruta Jordans. 22. Letter (9/11/2021) from Leslie Larch. 23. Letter (9/11/2021) from Jennifer Kaui Young. 24. Letter (9/11/2021) from Sierra Dew. 25. Letter (9/11/2021) from Kirk Francis. 26. Letter (9/11/2021) from Roberta Williams. 27. Letter (9/11/2021) from Lisa Insalata. 28. Letter (9/11/2021) from Paul Greenland. 29. Letter (9/11/2021) from Richard Waxman. 30. Letter (9/11/2021) from Christa D. McLeod. 31. Letter (9/11/2021) from Brittni Brooks. 32. Letter (9/11/2021) from Eve Dion. 33. Letter (9/11/2021) Mauliola Cook. 34. Letter (9/11/2021) from Crystal Jones. 35. Letter (9/11/2021) from Jill Lowry. 36. Letter (9/11/2021) from Leslie Brook Wingate. 37. Letter (9/11/2021) from B.A. McClintock REDAHI. 38. Letter (9/11/2021) from Iyan Sandri. 39. Letter (9/11/2021) from Gary E. Smith. 40. Letter (9/11/2021) from Laurel Brier. 41. Letter (9/11/2021) from Mike Lewis. 42. Letter (9/11/2021) Kynzie Craver. 43. Letter (9/11/2021) from Jenifer Higginbotham. 44. Letter (9/11/2021) from Bryan Nakamura. 45. Letter (9/1/2021) from Kalaukieleula Hergenrader. 46. Letter (9/12/2021) from Nafisseh Soroudi, PhD. 47. Letter (9/12/2021) from Jarrae Tehani Manasas. 48. Letter (9/12/2021) from Donna Janulaitis. 49. Letter (9/12/2021) from Molly Mamaril 50. Letter (9/12/2021) from David K. Sproat. 51. Letter (9/12/2021) from Ashley Gutierrez. 52. Letter (9/12/2021) from Fern Anuenue Holland, BSc, Hawai‘i Alliance for Progressive Action, Community Organizer. 53. Letter (9/12/2021) from Kalani Akana, PhD., Kumu Hula. 54. Letter (9/12/2021) from Phil Green. 55. Letter (9/12/2021) from Walter Ritte, Aina Momona. 56. Letter (9/12/2021) from Mikala Stover. 57. Letter (9/12/2021) from Madeline Guyett. 58. Letter (9/12/2021) from Derek Gill. 59. Letter (9/12/2021) from Natalie Haneberg. 60. Letter (9/12/2021) from Bonnie P. Bator and Ohana. 61. Letter (9/12/2021) from Jacqueline OKeeffe Gill. 62. Letter (9/12/2021) from Pamela Frierson. 63. Letter (9/12/2021) from Bruce Whale. PAGE 3 64. Letter (9/12/2021) from Wayne Tanaka. 65. Letter (9/12/2021) from Anne Torio. 66. Letter (9/10/2021) from Brea Torio. 67. Letter (9/10/2021) from Callie Worley. 68. Letter (9/10/2021) from Gianna-leigh Contrades. 69. Letter (9/10/2021) from Breezy Longley. 70. Letter (9/10/2021) from Kira Szegda. 71. Letter (9/10/2021) from Makoa lord Alapai. 72. Letter (9/10/2021) from Tierra Andrew. 73. Letter (9/10/2021) from Po‘okela Brown. 74. Letter (9/10/2021) from Anaualeikupuna Vaughn. 75. Letter (9/12/2021) from Kirstie Daly. 76. Letter (9/12/2021) from Joell Edwards. 77. Letter (9/12/2021) from Jessica Kuzmier-Bauer. 78. Letter (9/12/2021) from Wahinepoaimoku L. Nahale-a. 79. Letter (9/12/2021) from Sarah Wright. 80. Letter (9/12/2021) from Patti Valentine. 81. Letter (9/12/2021) from Jordan Lemke. 82. Letter (9/12/2021) from Chris Moore. 83. Letter (9/12/2021) from MeleLnai Llanes. 84. Letter (9/12/2021) from Ms. Pua Laa. 85. Letter (9/12/2021) from Patrice Asuncion. 86. Letter (9/12/2021) from Timothy Asuncion. 87. Letter (9/12/2021) from Kristalyn Mersberg. 88. Letter (9/12/2021) from Mavi Kaneg. 89. Letter (9/12/2021) from Janelle Peotter. 90. Letter (9/12/2021) from JoAnne Kaona. 91. Letter (9/12/2021) from Janice McKeachern. 92. Letter (9/12/2021) from Zoli Wall. 93. Letter (9/12/2021) from Conrad Mathews. 94. Letter (9/12/2021) from Shastin Grace Snyder. 95. Letter (9/12/2021) from Kelsey Olena Molina. 96. Letter (9/12/2021) from Elijah Frank. 97. Letter (9/12/2021) from Robert and Marion McHenry. 98. Letter (9/12/2021) from Shyla (Kaninau) Villanueva. 99. Letter (9/12/2021) from Kelvin Ho. 100. Letter (9/12/2021) from Ned Dana. 101. Letter (9/12/2021) from Jason Molina. 102. Letter (9/12/2021) from Annmm@juno.com. 103. Letter (9/12/2021) from Kyle L. Kaeleleokalani Peru. 104. Letter (9/12/2021) from Michelle Acob-Apana. 105. Letter (9/13/2021) from Erin Pickett. 106. Letter (9/13/2021) from Shelley Muneoka. 107. Letter (9/13/2021) from Lauralee Yadao. PAGE 4 108. Letter (9/13/2021) from Lorilani Keohokalole; J. Kapule Torio, Jr.; Kawaiolaakapulelani K. Torio; Pilipaakapoli K. Torio; Lauaekamawaelualani K. Torio. 109. Letter (9/13/2021) from Philip Kitamura, Graduate Assistant, Hawai‘i Wildlife Ecology Lab, Department of Natural Resources and Environmental Management, University of Hawai‘i Mānoa. 110. Letter (9/13/2021) from Sarah Dooley. 111. Letter (9/13/2021) from jesseogkauai@gmail.com 112. Letter (9/13/2021) from Emma Chidgey. 113. Letter (9/13/2021) from Lilia Merrin. 114. Letter (9/13/2021) from Julie Schuller. 115. Letter (9/13/2021) from Jessica Spichalova. 116. Letter (9/13/2021) from Brandon Barnett. 117. Letter (9/13/2021) from Saul Rosa. 118. Letter (9/13/2021) from Susan Stayton. 119. Letter (9/13/2021) from Deanna Kanehe. 120. Letter (9/13/2021) from Marina Drummer. 121. Letter (9/13/2021) from Julie DeMond. 122. Letter (9/13/2021) from Adam Lang. 123. Letter (9/13/2021) from L. Kehaulani Kekua. 124. Letter (9/12/2021) from Meleana Estes. 125. Letter (9/13/2021) from Devin C.K. Forrest. 126. Letter (9/13/2021) from Michelle Betz. 127. Letter (9/13/2021) from Jeremiah Ryan. 128. Letter (9/13/2021) from Tamra Martin Moriguchi. 129. Letter (9/13/2021) from Lila Martin DeBenedetti. 130. Letter (9/13/2021) from Meredith Cross. 131. Letter (9/13/2021) from Leipuaahi Wann. 132. Letter (9/13/2021) from Leah Thayer. 133. Letter (9/13/2021) from Dennis O’Shea. 134. Letter (9/13/2021) from Leah Kamoiokalani Sausen. 135. Letter (9/13/2021) from Moana McReynolds. 136. Letter (9/13/2021) from Vanessa Lluellen. 137. Letter (9/13/2021) from Malia Locey. 138. Letter (9/13/2021) from Michelle Smith. 139. Letter (9/13/2012) from Brooke Friswold. 140. Letter (9/11/2021) from Linda Shigeta. 141. Letter (9/11/2021) from Mike Coots. 3. Continued Public Hearing a. ZA-2021-2: Kaua‘i County Council. 42. Letter (9/8/2021) from Lorraine Mull. 43. Letter (9/8/2021) from Dorothy Perry. PAGE 5 44. Letter (9/8/2021) from Ingrid Kelly. 45. Letter (9/8/2021) from Joel Mellema. 46. Letter (9/8/2021) from Carl and Sandra Wright. 47. Letter (9/8/2021) from Kent and Jane Oehm. 48. Letter (9/8/2021) from Shelly and Goddard Paialii. 49. Letter (9/8/2021) from David Wilmot. 50. Letter (9/8/2021) from Patricia Dryden. 51. Letter (9/8/2021) from Patricia Dryden. 52. Letter (9/9/2021) from Jessica Gormley. 53. Letter (9/9/2021) from Mike and Sue Parry. 54. Letter (9/9/2021) from Paula Holland. 55. Letter )9/10/2021) from Tommy Thompson. 56. Letter (9/10/2021) from Chery Haines. 57. Letter (9/10/2021) from John Forrest. 58. Letter (9/10/2021) from Joy Brahmst. 59. Letter (9/10/2021) to John Forrest from Lorraine Mull. 60. Letter (9/10/2021) from Kathleen Hafner. 61. Letter (9/11/2021) from Larry M. Day. 62. Letter (9/11/2021) from Doug and Cheryl Ludolph. 63. Letter (9/11/2021) from Lisa Insalata. 64. Letter (9/11/2021) from Gary Mahon. 65. Letter (9/11/2021) from Catherine Steinmann. 66. Letter (9/11/2021) from Debbie Goodwin. 67. Letter (9/11/2021) from Andy and Fran White. 68. Letter (9/11/2021) from Stefan Ennals & Ina Tio-Ennals. 69. Letter (9/11/2021) from Carolyn Padgett. 70. Letter (9/11/2021) from Lisa Vitorelo. 71. Letter (9/11/2021) from Jessica Schilling. 72. Letter (9/11/2021) from Ronald and Rosemarie Stone. 73. Letter (9/11/2021) from Linda Breitstone. 74. Letter (9/11/2021) from Gary Mahon. 75. Letter (9/11/2021) from Eric Wright. 76. Letter (9/11/2021) from Akiko and Nobumasa Sakabami. 77. Letter (9/11/2021) from Mandy and Jim Jowett. 78. Letter (9/11/2021) from Sue Mings. 79. Letter (9/11/2021) from Robin Yost. 80. Letter (9/11/2021) from Sylvia Partridge. 81. Letter (9/11/2021) from Anne Thurston. 82. Letter (9/11/2021) from Janis R. Slack. 83. Letter (9/11/2021) from Kenneth Carlson. 84. Letter (9/11/2021) from Carolyn and Roland Misajon. 85. Letter (9/11/2021) from Karla Bailey. 86. Letter (9/11/2021) from Mark Gauthier. 87. Letter (9/11/2021) from Valerie Owen. 88. Letter (9/11/2021) from Friedrich Walter and Elisabeth Gesell. PAGE 6 89. Letter (9/11/2021) from Robert G. Pollock, Jr. 90. Letter (9/12/2021) from Janis R. Slack. 91. Letter (9/12/2021) from David Smith. 92. Letter (9/12/2021) from Ken and Marianne Minor. 93. Letter (9/12/2021) from Hob Osterlund. 94. Letter (9/12/2021) from Kirsten Knick. 95. Letter (9/12/2021) from Barbara Wiedner. 96. Letter (9/12/2021) from Grace Hodgson and Steve Perry. 97. Letter (9/12/2021) from Laura Ramirez and the Bettencourt Family. 98. Letter (9/12/2021) from Michael Shandling. 99. Letter (9/12/2021) from Emmaleah Stauber. 100. Letter (9/12/2021) from Marie Owens. 101. Letter (9/12/2021) from Janet Ramatici. 102. Letter (9/12/2021) from Barbara Levin and David Zacarias. 103. Letter (9/12/2021) from Jane Schmitt and Richard Crack. 104. Letter (9/11/2021) from Alissa Kallenberg. 105. Letter (9/12/2021) from Bill Schilling. 106. Letter (9/12/2021) from Susan A. Wilson. 107. Letter (9/12/2021) from Debbie Schenker. 108. Letter (9/12/2021) from Heidi and Fred Schroeder. 109. Letter (9/12/2021) from Wallace Wilson. 110. Letter (9/12/2021 from Jeff Mull. 111. Letter (9/12/2021) from Susan A. Wilson. 112. Letter (9/12/2021) from Susan A. Wilson. 113. Letter (9/12/2021) from Shelly Ludolph. 114. Letter (9/12/2021) from Linda Silverberg. 115. Letter (9/12/2021) from Karen and Kenneth Morales. 116. Letter (9/12/2021) from Janet C. Bernard. 117. Letter (9/12/2021) from Andrea Slevin. 118. Letter (9/12/2021) from Donna Holevoet. 119. Letter (9/12/2021) from Robert and Marion McHenry. 120. Letter (9/12/2021) from Janice McKeachern. 121. Letter (9/12/2021) from Conrad Mathews. 122. Letter (9/12/2021) from Ron Wright. 123. Letter (9/12/2021) from Debra Drayton. 124. Letter (9/12/2021) from David Platshon. 125. Letter (9/13/2021) from Joanne Little. 126. Letter (9/10/2021) from Maylette Garces, General Manager, Princeville Community Association. 127. Letter (9/10/2021) from Beryl Blaich. 128. Letter (9/13/2021) from Claire Vierkoetter. 129. Letter (9/13/2021) from Teresa Tico. PAGE 7 I. GENERAL BUSINESS 1. Consideration of a Settlement Agreement in a legal case captioned: In the Circuit Court of the Fifth Circuit, State of Hawai‘i: Michael Kaplan, Trustee of the Michael A. Kaplan Revocable Trust, dated August 12, 1992, Appellant v. County of Kaua‘i Planning Commission and County of Kaua‘i, Appellees; Civil No. 5CCV-21-0000057 (Agency Appeal) (settlement under Court Seal). c. Letter (9/13/2021) from Eric Taniguchi. d. Petition for Intervention; Declaration of Charles Somers; Declaration of Counsel; Exhibits “1” – “17”; Certificate of Service. e. Applicant Michael Kaplan’s Objection to Petition for Intervention, dated September 13, 2021 and request for Hearing; Exhibits “1”- “2”. Re: Settlement Agreement and Consideration of Class IV Zoning Permit (Z-IV-2021-8) and Use Permit (U-2021-7); Related Property: TMK: (4) 5-2-012:019. Kristen Romuar-Cabico From: Sent: To: Subject: Puakea Mo'okini-Oliveira <puakeamookiniofiveira@gmail.com> Thursday,September 9,2021 7:40 PM Planning Department RE:Sept 14th Meeting (Item 2a:Special Management area Use Permit,Use Permit & Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Puakea Mo'okini-Oliveira HaIele'aResident Master's of Environmental Management Candidate University of Hawaii at Manoa 09/09/2021 RE:(Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A) Aloha e Kaua'i PIanning Commission, My name is Puakea Mo'okini-Oliveira.I am submitting testimony in regards to aforementioned action Item 2a: Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea CliffPlantation Subdivision Lot 11- A.I was bom and raised on O'ahu where experiencing native seabirds required much more than a drive down a marked road,unlike the KTlauea National Wildlife Refuge near Nihoku Crater.In fact,one of my earliest memories of visiting Kaua'i in my adolescence takes place at this famed spot.I was in awe of the fantastical sights of koa'e 'ula flying backwards showing off their courtship dance,the sounds of nene gawking overhead -instinctively ducking trying to avoid the guano-the smells of the 'ehukai being draped upon Wowoni point.I did not know much about seabirds then.It took me going home and speaking with my Tutu Gina Mokihana to remember the native manu I saw there.But you see,it was my Tutu that helped with the designation of the Papahanaumokuakea Marine National Monument (PMNM),otherwise known as the Northwestem Hawaiian Islands.These atolls are infamous for their vibrant waters,choked with native, large,and curious fish...blanketed by honu and monk seals going to pup,and millions and millions ofnative seabirds such as the Laysan and BIack-footed Albatrosses,Wedge-tailed Shearwaters,Red-tailed and White-tailed Tropicbirds, Frigatebirds,and the endangered Koloa Duckjust to name a few.... From 2017 to 2019 I was a biological field technician and field crew lead for the Maui Nui Seabird Recovery Project,and for the U.S.Fish and Wildlife Service,Midway Atoll within PMNM.From my experience in these settings,I can without reservation say that the proposed house would be a detriment to the existing populations of nesting seabirds on the cliffs of Nihoku.As many testimonies are bound to tort,I emphasize,not only will construction alone pose a threat to the native seabird communities,but ofthe geologic and cultural integrity as well.Much of my duties at MNSRP was recovering "downed seabirds"which is particularly high during "Fallout season",occurring when reproductive adults retum from their arduous joumey across the North Pacific.The birds did not evolve with natural predators -or with human technological advances,such as artificial light.Like our ancestors,who used the stars and galaxy to traverse oceans,these birds use the sky as their map on theirjoumey home.Unfortunately,artificial lights confuse seabirds -again not evolved to understand them -and are disoriented.This leads to the ultimate crashing of seabirds into themselves, telephone poles,power lines,windows,cars,etc.,.On Midway we were required to only use red flashlights in the evening as to limit the amount of disturbance to the birds.Will the proposed home be equipped to only emit red or amber colored lighting at night?Will they effectively close their blinds before sun-down to ensure no bird crashes into their glass windows?I am highly skeptical that even if these actions are required,that EF for some extreme reason the permit for this build is approved that this will be regularly enforced.The proximity to the nesting seabirds is far too close^ r- 220 "f?^ SEPH Furthermore,this crater is the bearer of many oli and stories that the people of KTlauea and beyond so deeply recognize and honor.It is here that a group of my friends and kumu gather as cultural practitioners for ceremony during important celestial events. Lastly,it is vital that the Planning Commission appeal to the sensitivities and testimonies ofthis community in a matter of public trust.The cultural,ecologic,and genealogical importance of Nihoku within KTIauea is untouchable.And as such,the area should continue to be upheld as a natural land use designation and Scenic/Ecologic Resources Special Treatment Area.Thank you for your consideration. AIoha 'aina 'oia'i'o, Puakea Mo'okini-Oliveira 221 Kristen Romuar-Cabico From: Sent: To: Subject: Marianna Milbrand <annaonkauai@gmail.com> Thursday,September9,2021 10:35 PM Planning Department Sea Cliff CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha planning commission Chair Apisa,Vice chair Cox,Kauai planning commissioners,Director,and Deputy Director. My name is Marianna and I'm writing to you in opposition of the special management permit and class IV zoning permit for seacliff plantation lot 11-A. This carries Unique ecological value to our KTIauea Community and would destroyed or at risk ofthis project is to go through.There is also historical significance that plays a big part in public and community use.1 urge you to take into account the wildlife that resides in this area,and the amount of LOCAL people that would be heartbroken and unhappy with this decision.Would someone really want to live there and be unwelcomed in that town ?As a north shore community we feel like we're being overrun by transplants coming into the area and buying precious land,using resources and not contributing or participating as active community members.It is very important to all of us and would not like to see similar things happen in the future with other buyers/developers in other parts of our island.PLEASE for once,just choose the people and things who make these places so amazing over the people with money.Mahalo. ^^.fl.^5rSFPJ4202f 219 Kristen Romuar-Cabico From: Sent: To: Subject: Stephanie Stewart <stephanieroselani@gmail.com> Friday,September 10,2021 7:13 AM Planning Department NIHOKO ~craterhill CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy & Staff: My name isStephanie Stewart,residentofthe North ShoreofKaua'i mywhole life.1 am testifying inthe opposition to the requested Special Management use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A. The land carries multiple protective land use designations and layers designed to protect scenic and ecological resources of unique value for the public.We support the applicants right to build on the site.However,the purposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,I ask the planning commissioners to deny the requested permits.Thank you for your time and consideration. Much Aloha Stephanie Stewart Sentfrom my iPhone ^.a.<f SEP 1 4 2021 218 Kristen Romuar-Cabico From: Sent: To: Subject: Ann Eu <anneu11@gmail.com> Friday,September 10,2021 7:32 AM Planning Department Proposed house on Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kauai Planning Commissioners, My name is Ann Eu,1 am a resident of Kauai for the last 20 years.Nihoku (Crater Hill)is important to my family and 1 because it is the iconic and guardian presence above the area where we spend the most time together,and where we surf,fish and gather.1 also work at Kahili Beach Preserve as a Steward and Educator with Hawaii Land Trust.We strive to provide educational opportunities for keiki from many schools on island where they may learn about land preservation and conservation,river-mouth and estuary ecology,as well as native seabird habitats,behaviors and migration patterns.1 am very concerned that the proposed house would impact seabirds who call the area home. 1 also stronglyfeel thatthis housewould forever ruinthe experienceofthisvital place,the mostvisible partofthis majestic and highly culturally significant peak above Kilauea,for future generations of Kilauea and Kauai young people. The house is much too large and located far too high up the mountain,min a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for island of Kauai.With much aloha, Ann Eu Sent from my iPad ^/)-CT1.•' ^\4 202Y 217 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: mcconnell.db@hawaii.rr.com Friday,September 10,2021 7:59 AM Planning Department 'Philip Green';'David Rossiter' Planning Commission Hearing CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Reference:SMA 2022-1 Aloha Planning Department -Please allow me the opportunity to speak at your upcoming meeting.Mahalo -Don McConnell (mcconnell.db@hawaii,rr.com )or 808-828-6188 From:Philip Green <pjgreen.jr@gmail.com> Sent:September 9,2021 9:22 To:David Rossiter <drossiterl34@gmail.com> Cc:Don McConnell <mcconnell.db@hawaii.rr.com>;ginny shinn <shinnproperties@gmail.com> Subject:Re:Planning Commission Hearing David: Thank you for the offering.How it is going to work as you request to olanningdeoartment@kauai.eov and reference SMA 2022-1 to speak.It is for 3 minutes only.The Planning Department sends you a link to speak and then they shut your video off and that's it. We are still working with the anti s and so far have agreed to move our house down 60 and they want us to move towards Olivia's some.If we dont come to an agreement by today or tomorrow the Planning Department is going to defer our hearing until next month.The County is afraid of lawsuits...hence we need to agree with people that somehow control our destiny or they can intervene to the Planning Commission by sending us on a 2-3 year rabbit hole with the State courts.1 will know by the weekend.But if you or Stephan want to talk on our behalf,please request that in your letter. Thanks, Phil On Wed,Sep S,2021 at 11:20 AM David Rossiter <drossiterl34@gmail^sm>wrote: Aloha Don, Phil has letters from Seacliff representing our review of the project but we don't have anyone currently scheduled to attend the virtual meeting on Sept 14th. If Phil thinks it would be helpful,Stephan (as DRC)or 1 would be happy attend to represent Seacliff. You are well known and respected in the community.I'm sure Phil would appreciate any local support (from a neighbor)he can get. David Sent from my iPhone 215 •f1.<»<- ISEP14 202| On Sep 7,2021,at 12:11 PM,mcconnell.db@hawaii.rr.com wrote: Who is representing Seacliff at this event??Regards -Don From:Philip Green <piRreen.ir@email.com> Sent:September 6,202112:55 To;Don McConnell <mcconnell.db@hawaii.rr.com> Subject:Planning Commission Hearing Don hope all is well. Our Planning Commission hearing to build our home in Seacliff is September 14,2021 at 9 am. The meeting will now be virtual because of Covid.If you have comments please email to: Dlanninedeoartment@kauai.Bov and reference SMA 2022-1.In that email you can request a phone call into the meeting.They would send you a link. I have attached the original notice. Thank you, Phil &Linda Green <SeacliffGreen SMA Notice.pdf> Thankyou, Phil Green 216 Kristen Romuar-Cabico From: Sent: To: Subject: Kahanu Keawe <kahanukeawe@gmail.com> Friday,September 10,2021 8:10 AM Planning Department Testimony Nihoku (Carter Hill),Please deny permits for the propoed house CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, 'O Kahanu Keawe ko'u inoa.No Anahola,Ko'olau,Kauai mai au.1 am writing to share my aloha and desire to malama Nihoku (Crater Hill).This place has become more important to myself,my family and our community as we have come to learn more about it and spending time there.Spending time there is one of the key ways to build pilina (connection/relationship).1 have spent time there with the kia'i caring for the area,attended with school groups, participated in cultural protocol,and sang mele for this place there.1 wanted to do this because my kupuna were from this area and have cared for it before me. There is an 'olelo no'eau,Ma ka hana ka 'ike (S2088)In working one learns.Then you can also add afteryou hana (work),that work you did turns into 'lke (knowledge)becoming,Ma ka 'lke ka hana.1 feel this is applicable to this current situation.We have seen over the years of development in Hawaii certain places should never have been given a permit to build.We as kanaka were not aware of the process and what was going on until it was to late,permits given and the structure is going up. 1 feel that 'lke (knowledge)can be used to inform our hana (hana)in this current request to build a 12,000 sq ft home on Nihoku.This place will forever be changed by this permenant structure.The decision that is made now will forever impact this place and the experience we and our future generations will have with it. For example,prior to the floods and closing of the road,then later COVID shut downs,many local families did not go to specific high tourist areas because you could not get parking and there were so many people there.We didn't get to experience the actual place.When those aspects were removed and you could go to those places and experience the place,it was magical.Those magical experiences forever changed the pilina myself and my 'ohana have with those places.1 feel the same will be for Nihoku.That specific home in the planned location will change the area and the experience with that area. It feels like the windmills in Kahuku on Oahu.1 couldn't believe when we turned the point in Haula driving out to the North Shore on Oahu and you could see them large and looming over the 'aina.1feelthat area is forever changed and now 1 understand why there was so much protest against those being installed.Then when you drive through Kahuku town they are right there behind the school.We are at a place where we can prevent something like that from happeningon Nihoku. If we could go back in time to protect this area so it couldn't even be bought to be developed,1 would want to.Knowing that that is impossible our best hope is for our planning commission to deny the permit.That home can be built in another location.Yes the view from the home wont be the same if built in another location.A view for a few people versus preserving a place that is significant and important to our culture and community.We are also part of an ecosystem our actions with have impact on the community members who cannot submit testimony like plants,birds, insects,to name a few. 213 r.<3.-^; Sy \4 2021 The current house plan is set too high on the hill and is too large for the area.There is a current home built on the property right next that has a hedge where the home is almost hidden by it when driving up the hill.This current proposed home will take over and dominant the view.Everyone will see it first and wonder all the different questions about the home and not the place.Plus this area just should not be built upon.Please kokua (help)our community. 1 am asking the planning commission to please deny permits to build the proposed house. Mahalo nui no kou malama no Kaua'i a me Nihoku (Mahalo for your caring of Kaua'i and Nihoku). Me ka ha'aha'a (With humility), Kahanu Keawe Mahalo, Kahanu 214 Kristen Romuar-Cabico From: Sent: To: Subject: Paige Guglielmana <paigexgug@gmail.com> Friday,September 10,2021 10:20 AM Planning Department Protect Nihoku (Crater Hill,Kilauea) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Paisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, This letter is in regards to AGENDA ITEM:2.NEW AGENCY HEARING a.special management area use permit (SMA(U)-2022-1)CLASS IV ZONING PERMIT9Z-IV-2022-1)AND USE PERMIT (U- 2022-1)for the construction of a farming unit,guest house,garage and associated site improvements within lot 11-A of the Seacliff Plantation Subdivision in KTIauea My name is Paige Guglielmana.Nihoku (Crator Hill)in KTIauea,is important to my family and I because1 grew up in KTIauea and appreciate and respect its preserved natural sights.As Kilauea develops more with the addition ofthe new shopping center.It has been great to see land being used to better our natural resources such as the agg park and also still see empty lots preserved naturally.Nihoku and the rest of the Wild Life Preserve,such as Kahili,with the community efforts to preserve native plants and the bird sanctuary are vital important features in KTIauea town.These are spaces held important for the entire community and island,not just individual.l am concerned that the proposed house would impact seabirds who call this area home.1 also feel that it would forever ruin the experience of this vital place for future generationsof KTIauea and Kaua'i young people.The house is much too large and located far too high up in the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house.Thank you so much for all that you do for our island of Kaua'i. 211 va:w-cSEP142021 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Donald Maurer <donemaurer@gmail.com> Friday,September 10,2021 10:50 AM Planning Department ikalie@gmail.com Nihoku (Crater hlill)proposed 30,000 sq.ft.development CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To:Planning Dept.,County of Kauai Date:Sept.10,2021 Aloha, We are Kaui residents and homeowners.We would like to express our deep concerns about the harmful impact on the North Shore environment that would be caused by the proposed size and scope of the building plans at Nihoku (Crater Hill).To reduce the harm to this unique habitat and its precious birdlife,we respectfully ask that the Planning Department: 1)reduce the size of the 12,000 sq.ft.house and 30,000 sq.ft.developed area; 2)move the project to the lower end of the propertv; 3)minimize excavation and grading;and 4)include measures providing protection for native birds and habitat. Respectfully submitted, Don Maurer Jeanne Manese 210 r-'1-0,11^' S£P \^^(Q Kristen Romuar-Cabico From: Sent: To: Subject: Lauren Esaki-Kua <laurenek@stanford.edu> Friday,September 10,2021 11:43 AM Planning Department Testimony against permits for Green dwelling in Kilauea (Sept 14,2021 Hearing) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Lauren Esaki-Kua.As a former planner and a resident born and raised on Kaua'i,1 am testifying against the applications for a SMA Use Permit,Use Permit,and Class IV zoning permit for the proposed dwelling on Nihoku (Crater Hill)in Kilauea. Notonlywouldthis "farm dwelling"development affect native wildlife ofthe area,itwould also ruin theviewshed of NihokO and set a precedent for other similar mountain top developments within open space and SMA boundaries.O'ahu is littered with such residential developments that have been permitted through similar exemptions;the effects of which are only truly felt once the building is complete and the approval irreversible.The people of Kaua'i have worked hard to keep the island's sense of place so as to not ruin the fine line between wahi pana and future generations'visual and place-based link to the past.This land under State SMA,and County Natural Land Use Designation,Open zoning, and ST-R Special Treatment District Area was designated as such through the foresight ofour previous County and State planners with input from our communities to protect our special places.Approving the permits for the proposed home as it is currently designed and sited would render the past work to protect these places meaningless. Pages 7-8 of the Planning Director's report for this proposed development should also be assessed thoughtfully.1 disagree with Director Hull's assessment that the proposed development satisfies the outlined policies ofthe Kaua i General Plan.To the contrary,1 believe that the current size and siting of the house would only serve to exacerbate some ofthe island's problems in the outlined goal and policy areas (Sustainable Island,Unique and Beautiful Place,An Equitable Place,with Opportunity for All;Preserving Rural Character,Reducing Cost of Living,and Protecting Kaua'i's Scenic Beauty.) The proposed house and accompanying development completely disregard the intent of our land use designations as protective regulatory tools to protect our special areas of the island.The proposed buildings and associated improvements are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.1 am respectfully requesting for you to deny the requested permits. Thank you so much for all you do for our island of Kaua'i. With much aloha, Lauren Esaki-Kua 208 f^.4.1> SEP \4 ^21 ^J Kristen Romuar-Cabico From: Sent: To: Subject: Melamed,Mia <mia.melamed.researcher@hawaii.gov> Friday,September 10,2021 5:13 PM Planning Department Testimony:Nihokti building permit request CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is Mia Melamed.1 was born and raised on the north shore of Kaua'i and have recently returned home after graduating from college.As a steward of the island's natural resources,1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits. Mahalo nui for your time and attention. Sincerely, Mia Mia B.Melamed Habitat &Fish Monitoring Technician II Division of Aquatic Resources -Kaua'i State of Hawai'i Department of Land and Natural Resources 3060 'Eiwa St.Rm#306,Lihu'e Hl 96766-1875 ><>><>><> Contacts: Mobile:+1 (808)651 2486 Office:+1 (808)274 3344 ^^0{.\7f. SEP \^202^ 199 Kristen Romuar-Cabico From: Sent: To: Subject: kai.harrison.hawaii@gmail.com Saturday,September 11,2021 6:22 AM Planning Department Crater Hill House CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Hello, My name is Kai Harrison,and 1 grew up in Kilauea.As a kid,one of my favorite things to do was bike up to the top of crater hill with my mom and my brothers.We would bring lunch and sit in the grass,and stare down at secrets beach while all the birds flew around us.When 1 visit home,we still enjoy biking up the hill and taking in the view.We,along with everyone in Kilauea,deeply regard crater hill as a special place in our town.One of the few places left on the island that isn't always crowded with tourists.The thought of losing such a meaningful place is very saddening.If development of this space is inevitable,we ask that it be downsized and moved further from the top. Mahalo, Kai Harrison r ^-fl-^-SEPH2021^ Kristen Romuar-Cabico From: Sent: To: Subject: Sarah Barger <sarahbarger14@gmail.com> Saturday,September 11,2021 7:21 AM Planning Department Please deny permits to proposed development on Nihoku (Crater Hill) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox and Honorable Kaua'i Planning Commissioners: 1 am writing to express my concern with the proposed development on Nihoku (Crater Hill).This massive development and excavation is wrong on so many levels.On an ecological level,it threatens the endangered seabird population who cannot endure such significant habitat loss,light pollution and disruption from construction/excavation.On a cultural level,this proposed development is disrespectful to Native Hawaiians and a complete desecration,as it would be built on sacred ground and the home of important stories and traditions in Hawaiian history and culture.On an environmental level,the excavation would be detrimental to the integrity of the hillside (already vulnerable to erosion) and its sensitive geology -which is one of many reasons that this area is classified as a Scenic/Ecologic Resources (ST-R) special treatment district area. This proposed development is too large and located too high up on the sacred mountain.For all of these reasons above, please deny permits to build the proposed house. Mahalo for all that you do for Kaua i and our community. With aloha, Sarah B ^^l^ -^1420^ 198 Kristen Romuar-Cabico From: Sent: To: Subj'ect: Edelle Sher <edelle.sher@gmail.com> Saturday,September 11,2021 9:48 AM Planning Department Planning dept sept 14 hearing CAUTION:Thls email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. My name is edelle sher.Nihoku (Crater Hill)is important to my family and 1 because Kilauea neighborhood is important to me.1am concerned that the proposed house would impact seabirds who call the area home.1 alsofeelthat itwould foreverruin the experience ofthisvital placeforfuture generations of KTlauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house.Thank you so much for all you do for our island ofKaua'i. With much aloha,Edelle Sher 195 ^^^.li»^ SEP \4 2021 (A) Kristen Romuar-Cabico From: Sent: To: Subject: Amanda Elizabeth <amandaniles18@gmail.com> Saturday,September 11,2021 9:57 AM Planning Department testifying Opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A. CAUTION:This email originated from outside the County of Kauai.Do not click links oropen attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission ChairApisa,Vice-ChairCox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: My name is Amanda Niles. 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.hlowever,the proposed house and accompanying development are much too large and improperlysituated forthe ecological and aesthetic sensitivity ofthe site.In orderto protect against irreversible negative impacts,I ask the planning commissioners to deny the requested permits. Thank you for your time and attention. Sincerely, Amanda Niles Tel.(406)214-2823 Email:aniandaniles 18(%£mail,coni 194 t^^.^.n. SEP \4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Christene Reale <christenereale@yahoo.com> Saturday,September 11,2021 10:00 AM Planning Department Protect Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Christene Reale,21 year resident of Kaua'i.Nihoku (Crater Hill)is important to my family and l because it offers peaceful beauty and experience nature.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house.Thank you so much for all you do for our island ofKaua'i. With much aloha,Christene Reale 193 f:^.^.if. SEP1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Ken Carlson <kauaifloweressences@gnnail.com> Saturday,September 11,2021 10:03 AM Planning Department Agenda Item 2.SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV ZONING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1)forthe construction ofa farm dwelling unit,guest house,garage and associated site improvements within Lot 11-Aofth... CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender Is known to you unless it Is something you were expecting. Aloha Planning Commission Chair Apisa,Vice -Chair Cox,and l-1anorable Kauai Planning Commissioners, My name is Kenneth Carlson.1 am testifying in opposition to the requested Special Management area Use Permit and Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.The proposed house and accompanying development is way too large,and it is located too high up the mountain in a sensitive area that should never be built on.The house and development will be right next to the Wildlife area and would impactthe seabirds nestingand livingtherefor almost3 decades.Additionally,thevisual impactofthe developmentwill be seen from miles away,permanentlyscarringtheview ofthe mountain and crater. 1 am asking the planning commission to please deny permits to build the proposed house.Thank you so much for all you do for our island of Kaua'i. Sincerely, Kenneth Carlson 192 ^.^.«.n SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Katherine Alexander <kxjxa@aol.com> Saturday,September 11,2021 10:11 AM Planning Department ikamalie@gmail.com,·ginny.aloha@gmail.com Proposed development on Nihoku (Crater Hill) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Attention:Planning Department,County of Kauai Date:September 11,2021 1 am a resident of Kauai and a homeowner on the North Shore.1 am sensitive to the impact on Nihoku and on the environment on the North Shore that would be affected by the size and scope ofthe proposed building plans at Nihoku (Crater Hill). laskthat 1.the square footage of the house be reduced,2.the site be shifted further down the hill,3.excavation into the Nihoku hillside be minimized,and 4.perpetual protective measures for the birds and land be included. No doubt you are aware of the ecological,cultural and community significance of Nihoku.It is my understanding that it isoneofthe largest seabird nestingcolonies in the main Hawaiian Islands.1 feel sureyou recognize the importance of protecting this environment and 1 thank you all for being the best stewards of planning for our Kauai. with Aloha, KatherineAlexander 191 ».'><»•''s'EP \4 2021 ^ Kristen Romuar-Cabico From: Sent: To: Subject: Ruta Jordans <zwknow@gmail.com> Saturday,September 11,2021 10:14 AM Planning Department testimony about Sea Cliff Plantation Lot 11 -A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender Js known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: I am testifying in opposition to the requested Special Management area Use Permit,Use Permit&Class IVZoning PermitforSea Cliff Plantation Lot11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public. The lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel, koa'e (tropic birds)and more.Crater Hill is a needed relocation site for bird populations from the northwest Hawaiian islands whose habitat is shrinking due to sea level rise. The property is within a county natural land use designation,open zoning and a Scenic/Ecologic Resources (ST-R)special treatment district area.This requires the Commission to protect land and water areas with unique natural forms,biologic systems,or aesthetic characteristics ofsignificance and value to the general public. Proposed excavation into the steep hillside would be damaging due to the area's sensitive geology and vulnerability to erosion.The footprint of the house is much too large and located too high for this sensitive site. The applicant has a right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity ofthe site. In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.JC^t.O^^^^~4'Z02V ^•t ^^ 189 Thank you for your time and attention, Sincerely, Ruta Jordans Kapaa 190 Kristen Romuar-Cabico From: Sent: To: Subject: Leslie Larch <lesliehoehoe@gmail.com> Saturday,September 11,2021 10:15 AM Planning Department Oppose detrimental Nihoku structure CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Planning Commission Chair,board,and Staff: I am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site. Furthermore,who needs a 12,000 square foot house?Will the owner reside in the house (more than a couple of weeks per year?)We should consider the potential resale/vacation rental drawbacks also.Why should this be approved?Have we learned nothing about the negative impact massive structures/permits have on EVERYONE'S lives?What positive impact could this enormous structure in this sensitive location make?I see on the architect's,welch &weeks LLC,website that most of the testimonials are of happy non resident clients who have built their second homes here in Hawaii.How nice for them. In order to protect against IRREVERSIBLE NEGATIVE IMPACTS, PLEASE deny the requested permits. Thank you for your time and attention ^^.a^>. SEP 1 4 2021 187 Sincerely, Leslie Larch Laupahoehoe 188 Kristen Romuar-Cabico From: Sent: To: Subject: Jennifer Kau'i Young <losalioj@hawaii.edu> Saturday,September 11,2021 11:11 AM Planning Department 1 Oppose the Desecration of Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha mai: No private structure should be built on any sacred sites in Hawai'i nei.Nihoku is sacred for its historical and ongoing cultural significance to Hawaiians.It is also an important nesting site for Hawai'i's endemic and endangered birds. The more Hawai'i's government leaders continue to allow the desecration and privatization of special sites like Nihoku, the less viable,public sites there will be for future generations of Hawaiians and Hawai'i residents. If government leaders don't take a strong stance against protecting sacred sites for public,responsible use,and continue to give into money and private interest/jurisdiction,there will be no Hawai'i left to protect for the public interest.All we'll be left with is an archipelago of overdeveloped,overprivatized,and industrialized islands,completely empty of the precious ecosystems that give our collective home its beauty and power.And without these ecosystems for the public to access for culture and survival,what is there for us to live for independent from private interest? Even if the house is allowed to be developed at a lower position on the mountain,it will establish precedent for further private development of the mountain. This is not just a question of development/desecration,but a question of protecting collective access and collective resources.Think in the long-term and how the decisions you make today will hinder and hurt our descendants for generations to come. Me ka ha'aha'a, Jennifer Kau'i Young 184 ^^a.-l^. SEP14 2021 @ Kristen Romuar-Cabico From: Sent: To: Subject: SierraDew.Info <sierradew.info@gmail.com> Saturday,September 11,2021 11:19 AM Planning Department Opposition to Sea Cliff Plantation Lot11-A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is Sierra Dew.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.1 also feel that it would forever ruin the experience of this vital place for future generations of Kilauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house.Thank you so much for all you do for our island of Kaua'i. With much aloha, Sierra Dew r.-?..«.^ SEP 1 4 2021 183 Kristen Romuar-Cabico From: Sent: To: Subject: kirk francis <kirkyhoehoe@whidbey.com> Saturday,September 11,2021 11:41 AM Planning Department OPPOSE SMA permit for Sea Cliff Plantation Lot 11 -A CAUTION:This emaH origjnated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha,Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Dep 1 am in total OPPOSITION to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Pei The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecolog the public.We support the applicant's right to build on the site.However,the proposed house and accompanying and improperly situated for the ecological and aesthetic sensitivity ofthe site.In order to protect against irreversil: planning commissioners to deny the requested permits. Thank you for doing what you know is the right thing for our islands and the community in the long run. Kirk Francis, Laupahoehoe Nothing Trump ever says has a second paragraph. 182 ^^.01.^ SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Roberta Williams <bobbiewilli@gmail.com> Saturday,September 11,2021 12:01 PM Planning Department In opposition to SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV ZONING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: My name is Roberta Williams.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A. The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public. While 1 understand and support the applicant's right to build on the site,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivityofthe site. In orderto protectagainst irreversible negative impacts and to preservethe natural habitat ofthe area,1 ask the planning commissioners to deny the requested permits.Mahalo for your time and attention. Sincerely, Roberta Williams r^-^ SEP 1 4 2021 178 Kristen Romuar-Cabico From: Sent: To: Subject: lisa insalata <lminsalata@gmail.com> Saturday,September 11,2021 12:22 PM Planning Department Mahalo for reading CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: My name is Lisa Insalata .1 am testifying in opposition to the requested Special Management area Use Permit, Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying developmentare muchtoo largeand improperlysituated forthe ecological and aestheticsensitivityofthe site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Lisa insalata Lisa insalata 175 ^.^•t SEP 1 4 2021 a.vi Kristen Romuar-Cabico From: Sent: To: Subject: Paul Greenland <369magnetics@gmail.com> Saturday,September 11,2021 1:06 PM Planning Department Sea cliff/crater hill special use pernnit CAUTION:This email originated from outside the CountyofKauai.Do notclick links oropenattachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commissioner Chair Apisa,Vice-Chair Cox and Honorable planning commissioners and staff. I am writing to voice my opposition in regards to the special Management area use permits for lot 11-A at Sea Cliff Plantation. Myself and my family regularly enjoy walking and biking on crater hill and have for many years,it is an important part of Kilauea town and the residents that call it home. The proposed home will not only be a blight on this beautiful natural hill but also encroach onto an already too-limited bird life and wildernesses area,possibly negatively impacting the sea birds,especially at night from light pollution. The site,being so high on the hill will visually impact the area in a very negative way,there is no need for anyone to have a home of 12,000 square feet in Kilauea,let alone one so high and so visible on a natural volcanic bluff. The existing houses in the subdivision are all more tastefully located and much less exposed,being so close to the historical Kilauea lighthouse and wildlife preserve a development of this nature would truly be in poor taste and forever ruin the natural beauty of Kilauea point and crater hill. 1 please ask you to consider this and all other testimonies in opposition to this application and honor the residents request for this plan to be abandoned in favor of nature and the preservation of this truly unique part of Kauai. Aloha Paul Greenland Sent from my iPhone 173 (^^.o.>^. SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Richard Waxman <pnthwest@aol.com> Saturday,September 11,2021 1:55 PM Planning Department Proposed development CAUTION:This email originated from outside the County of Kauai.Do not click links oropen attachments even ifthe sender Js known to you unless it is something you were expecting. Green. SampleTestimonyl: Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: Myname is RichWaxman_.Nihoku (CraterHill)is importantto myfamilyand 1 becauseofthe importance of bird resting sites.1am concerned that the proposed house would impact seabirds who call the area home.1 also feelthat itwouldforever ruintheexperience ofthisvital placeforfuturegenerations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house.Thank you so much for all you do for our island of Kaua'i. With much aloha, Rich Waxman Sent from my iPhone 167 t=^.a.^ SEP 1 4 202^'^ Kristen Romuar-Cabico From: Sent: To: Subject: Christa D.McLeod <christaclear@gmail.com> Saturday,September 11,2021 1:57 PM Planning Department Testimony for Lot 11-A at Seacliff Plantation,Kilauae CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Department, Mahao for all that you do to ensure that Kaua'i stays as undeveloped as it is so it retains the community feel that we all appreciate. I would like to submit opposition to the current proposed Lot 11-A at Seacliff on the Green property.1 have worked in the conservation field on Kaua'i for over 10 year's and know the ecological significance of the property abutting this land.Kaua'i is already a sanctuary for seabirds as the only inhabited island without mongoose and as sea levels rise we will continue to become important as a High Island Refugia for these disappearing species on sinking islands. To give voice to the native,ground nesting birds of Kaua'i,1 hope that the Green family might be willing to reconsider the size and locationofthe home and developmentofthe groundsto lessen theirimpactonthe land.Regardless ofthe outcome,these property owners will likely have native species nesting on this adjoining parcel;as wildlife does not recognize human boundaries.May they learn to become stewards of that site and the species they host. Sincerely, Christa McLeod fr^.^.-w. SEP 1 4 2 166 Kristen Romuar-Cabico From: Sent: To: Subject: Brittni Brooks <brittni@brittnibrooks.com> Saturday,September 11,2021 3:02 PM Planning Department Please Protect Nihoku -Crater Hill CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kauai Planning Commissioners, My name is Brittni Brooks.Nihoku is important to myself,my family and community.1 am concerned that the proposed 12000 square foot house would impact the seabirds who call this area home.They have limited space to live as it is and continuing to develop the land would cause further harm and stress on the delicate environment.The development of this home would ruin the experience of this sacred place for future generations of people and wildlife in Kilauea. This land should not be developed at all.The damage done to so many species just for one wealthy family from the mainland is not worth it.1 am begging the planning commission to please deny permits to build any new homes.We need to save the wild lands that we have left. Thank you for your work here on Kauai. With much aloha, Brittni Brooks f:o^.^w SEP 1 4 2021 /% 162 Kristen Romuar-Cabico From: Sent: To: Subject: Eve Dion <evedion@gmail.com> Saturday,September 11,2021 3:19 PM Planning Department Please protect Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Eve Dion;I am a resident of KTIauea.Nihoku (Crater Hill)is extremely meaningful to me,and to the community.It is my favorite part of all of Kilauea town,and provides refuge for humans and animals alike. I am concerned at the ways the proposed house would impact the seabirds who take refuge there.I also believe that it would forever ruin the experience of refuge that Nihoku allows the human inhabitants of KTIauea and Kaua'i.Not only is the house much too large and located far too high up the hill,but Nihoku is such a sensitive area that it should not be built upon at all.I am asking the planning commission to please deny permits to build the proposed house.Thank you for your malama in the nature of this matter. Sincerely, Eve Dion Eve Dion Structural Integration &Specialized Therapeutic Bodywork 808.652.2603 f?^.^.^ SEP 1 4 2021 160 Kristen Romuar-Cabico From: Sent: To: Subject: Mauliola Cook <mauliola3@gmail.com> Saturday,September 11,2021 4:15 PM Planning Department testimony re proposed Nihoku house development CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. 9/11/2021 Kilauea Re:Proposed development for house on Nihoku Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners My name is Mauli Ola Cook.Nihoku (Crater Hill)is important to me,my 'ohana and community because it is a place of great natural beauty,of historical and mythological significance and a significant site for native birds. 1am concerned that the proposed house would impact seabirds who call the area home.The lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel, koa'e (tropic birds)and more.Crater Hill is a needed relocation site for bird populations from the northwest Hawaiian islands whose habitat is shrinking due to sea level rise. 1 also feel great concern for how the construction of this huge house would impact the experience of this vital place for future generations.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.Proposed excavation into the steep hillside would be damaging due to the area's sensitive geology and vulnerability to erosion.The footprint of the house is much too large and located too high for this sensitive site. The KTIauea community has worked to protect the slopes of Nihoku from development for over forty years.1 am asking the planning commission to please deny permits to build the proposed house. SEP1 4 2021/^154 Thank you so much for all you do for our island of Kaua'i With much aloha Mauliola Cook Maulipla3@gmai_l.com 8086528173 155 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Crystal Jones <crystaljones23@gmail.com> Saturday,September 11,2021 4:17 PM Planning Department crystal Jones Special Management Area Use Permit -Seacliff Plantation Lot 1 1 -A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha,Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is Crystal Jones and 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too largeand improperly situated forthe ecological and aestheticsensitivityofthesite.In orderto protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Sincerely, Crystal Jones f;^.«.^ SEP 1 4 2021 153 Kristen Romuar-Cabico From; Sent: To: Subject: Attachments: Jill Lowry <jillwlowry@gmail.com> Saturday,September 11,2021 4:21 PM Planning Department SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV ZONING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1) Testimony on Special Use.docx CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Testimony Attached Thank you Warm Regards, Jill W.Lowry "I've leamed that whenever I decide something with an open heart,I usually make the right decision.I've learned that even when l have pains,I don t have to be one.fve learned that every day you should reach out and touch someone.People love a wann hug or afriendly pat on the back.I've learned that I still have a lot lo leam.I've learned that people willforget what you said and did,but will neverforget how you made themfeel." Maya Angelou "Grandparents are there to help children get into mischiefthey have not thought ofyet!" Gene Perret "When anxious,uneasy and bad thoughts come,I go to the sea,and the sea drowns them out with its great wide sounds,cleanses me with its noise,and imposes a rhythm upon everything inme that is bewildered and confused." Rainer Maria Rilke ^^.A.3^ SEP \4 2021 ^ My name is Jill Lowry and 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A. While 1 have not met Mr.&Mrs.Green,1 understand them to be good people,people who have given generously to their community,and have done much to find a path to satisfy the concerns of the community relating to the construction of their home.1 can only imagine that this is a very stressful and frustrating process for them. In and of itself,the construction of the Green's home is not the issue,only as it relates to two bigger problems that require concurrent and consistent responses to mitigate them. This location in question holds historical,cultural,and ecological meaning,and as such,already and intentionally,carries multiple protective land use designations and zoning layers designed to protect vulnerable wildllfe and other ecological resou/'ces that are of unique value for Native Hawaiians,the local Kilauea community, and the general public as a whole,and most importantly for the future generations. Problem One:Loss of access to or loss-outright of historical and culturally important places like Nihoku are devastating.On Kaua'i,the construction of gated communities and large single family homes have blocked views,access to beaches,access to fishing and hunting,and easy access to culturally important places.Construction sites tear into hillsides irreparably changing the landscape and natural habitats of wildlife.Once these areas are desecrated they cannot be regained,and the opportunities for future generations to experience them personally,or learn about them,are resigned to Kupuna memories and potentially textbooks. Problem Two:Our seas are rising and at the same time,Kauai being one of the oldest islands in the archipelago,is sinking and disintegrating.As this natural process of decay meets the rising seas,the result is exponentially greater loss of coastal area.With the disappearance of land creates the need for inland migration of both humans and wildlife.Important areas such as Nihoku rely on maintained vigilance by its governmental stewards to ensure that there is space for sea birds and other creatures to adapt and move their habitats.If not,the ramification will be devastating as is noted below in an article called "Deadly Waters:Rising Seas Putting Wildlife at Risk"by The Center for Biological Diversity. In the United States,sea levels at hotspots along the East Coast,Gulf of Mexico and northwestern Hawaiian Islands are rising three to four times faster than the global average.Rising seas pose a major risk to our nation's wildlife.The United States is home to 1,383 federally protected threatened and endangered species, many of which depend on coastal and island habitats for survival.Rising seas and increasingly dangerous storm surges threaten to submerge and erode their habitat,and make the groundwater more saline —killing coastal plant communities and ruining drinking water. Additionally,in an article in the Garden Island,of March this very year,called "Sea Level Rise Affects Everyone,the County of Kauai Energy and Sustainability Coordinator stated that:"The county is beginning its first Island-Wide "Climate Action,Adaptation and Resilience Plan"(CARP)in the next several months,which will zoom in on high- level policies from the 2018 General Plan and form more-specific approaches and plans for these challenging questions." Clearly,The County of Kaua'i is shifting focus to address these types of issues and 1 ask the planning commissioners to pause,and consider the long-term ramifications of making determinations on individual properties until such a time that an updated climate plan for the Kilauea area has been drafted addressing the historical,cultural,and ecological concerns outlined today.Thank you for your time and attention. Respectfully, Jill W.Lowry Kaua'i Resident Kristen Romuar-Cabico From: Sent: To: Subject: Listen Tothekeiki <lesliewingate7@gmail.com> Saturday,September 11,2021 6:02 PM Planning Department opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A. CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha PlanningCommission ChairApisa,Vice-Chair Cox,Honorable Kaua'i PlanningCommissioners,Director, Deputy Director and Staff: My name is Leslie Brooke Wingate. 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A. The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public. Wedo notsupporttheapplicant's rightto build onthe site.And even ifwe did.the proposed houseand accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivityofthe site. In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Sincerely, Leslie ^^01.^fr SEP 1 4 2021, 148 Kristen Romuar-Cabico From: Sent: To: Subject: Respiratory&EnvironmentalDisabilitiesAssocHI <redahi@hawaii.rr.com> Saturday,September 11,2021 5:40 PM Planning Department SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV ZONING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha! 1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of Kilauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house.Thank you so much for all you do for our island ofKaua'i. B.A.McClintock REDAHI ^.^.o^ SEP 1 4 2021 146 Kristen Romuar-Cabico From: Sent: To: Subject: iyan sandri <isandrihth@yahoo.com> Saturday,September 11,2021 6:49 PM Planning Department Opposed -Sea cliff plantation lot 11-a CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloah Planning commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners I am lyan Barrera-Sandri.1 am writing in opposition to the requeted Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A. As you know the lan carries multiple protective land use designations and zoning designed to protect the scenic,ecological,and cultural value of the land. While 1 questions the need to build on the land i do recognize that is an option for the builder.In this compromise though i do find the proposed house and accompanying development much to large and improperly situated for the ecological and aesthetic sensitivity of the site. Hawai'i is known as the extinction capital of the world and the currant proposed site will help maintain that designation by irreversibly harming the wildlife in and around the crater. 1 ask that the commissioners deny the requested permits. thank you IYAN BARRERA-SANDRI 143 ^^.a.-9S. S^P ?^2027 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Attachments: Gary Smith <garykali2@yahoo.com> Saturday,September 11,2021 7:54 PM Planning Department ikamalie@gmail.com Nihoku Testimony NihokuTestimony.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless It is something you were expecting. Testimony of Gary E.Smith f.^A.Vl SEP 1 4 2021, Sept.10,2021 Kauai County Planning Commission Donna Apisa,Chairperson 4444 Rice St. Lihue,Hl 96766 Aloha e Commission Members, For the record,my name is Gary E.Smith of KTIauea.Many years ago,1 led the effort to acquire Mokolea Point,the eastern flank of Crater Hill,as well as represent the community during the negotiation between the landowner,Dorn Schmidt,Trustfor Public Lands and the USFWS regardingthe configuration ofthe Crater Hill conservation parcel that the devetoper eventually deeded to the USFWS.Although the boundaries and other negotiated aspects of access by Seacliffownerswasfarfrom perfect,we had nochoice,dueto lackofsupportand foresight by USFWS but to accept the final configuration.But that would not be theend ofthestory! The late Senator Daniet K.Inouye's office was instrumental in assisting our organization which we called the Crater Hill Coalition.By collaboratively working undertheauspices ofthe KTIauea Neighborhood Association and theTrustfor Public Land,we accomplished our mission within two years which culminated in a transfer of deed ceremony on the slopes of Crater Hill in May 1988.Much to our honor and great delight Senator Inouye attended.Before the ceremony 1 escorted the Senator,who had never seen the place before,to the top of Crater Hill so he could experience for the very first time its specialness.There is no doubt in my mind that the Senator came away truly touched by this visit for in the ensuing years he became KTIauea Point's champion,even rectifying most of the ill- advised concessions committed bythe USFWS! It was then 1 realized that it was my kuleana to continue to share my love for this place and inspire people wherever they were from to cherish,appreciate and protect,if not Crater Hill then their own special places.To this end,for many years 1 led guided tours from KTlauea Pointto Mokolea forthe USFWS and beyond my wildest imagination,1 found the birds flourishing in response to the new level of protection.Yet over the years 1 realized something was still missing.Then one year 1 led a group of hula practitioners from throughout the islands.They were blown away by what they saw and felt.On that day it became clear to me,what this place needed was Hawaiians and the leo Hawai'i (voices of Hawai'i)to return and take on the kuleana of stewardship as well as restore and grow its historical and cultural aspects. Although archeological evidence for Hawaiian uses of Crater Hill have yet to be uncovered,one cannot go there without coming away with the feeling that this place was trulya wahi pana (special,storied place)forthe ancient Hawaiians. Over time 1 learned that its name was Nihoku (Protruding Tooth)and that even though it belonged to the ahupua'a of Kilauea it once had its own famous chief, Halanikikaupua.Complete with its own wind,Aopo'omuku,first uttered by Pele herself,Nihoku must have been quite significant to the people of old!Yet for all those years we called it Crater Hill and placed no importance for it being special or significantto anyone let alone the ancient Hawaiians.During those years we dug rail beds along its slopes,raised cattle that trampled its flora and fauna, erected a warehouse and shipping derricks,dumped our garbage,quarried its rock,dugtunnels and erected towers in the name ofnational defense and planted polessowe could watch T.V.!Then upon realizingthegreat disrespect carried out on this land my kuleana became one of restoring its specialness to all Hawai'i's people,particularly Hawaiians today who could carry and perpetuate this kuleana.A kuleana that invotved the restoration of its past cutture,the protection and restoration ofits native plants and animals as well as encourage the growth of its cultural uses to include new uses and mo'olelo within the framework ofHawaiian knowledge passed down through antiquity. This was a tall order,more of a vision rather than one of word.A kuleana that 1 was not quite qualified to take on but rather be its caretaker until the day the right person came along.Now in retrospect it seems like only a short time had passed before Mehana Blaich Vaughan came to mind.1 knew her since her youth and could see the same sense of intensity in her as 1 saw in her parents. One day 1 invited Mehana and her husband Kilipaki Vaughan to join me on a huaka'i (hike)to Mokolea Point.My motivation was to inspire her to compose a special oliforNihoku andforherto possibly see an opportunityto change its sad history.Accompanyingthe Vaughans wastheir infantdaughterAna which drove home the point of how busy a young family can be,yet here1 was trying to add to her burden!Perhaps it was the affect that the land had on all of us as we lost trackoftime,and even littleAnawas a patientangelthroughout.Somehow, despitethe buoyingeffectoftheinspiringday,1 suspectthat Mehana started to feel the weight of kuleana.Truty inspired by her many thoughts and remembrances,she returned home and composed a well-crafted oli that summarized the entire huaka'i,an oli that was truly befitting the specialness of the place and destined to live on.Overtime Mehana continued to involve herself in Nihoku and assume more kuleana.Surrounding herselfwith likeminded Hawaiians and Hawaiians at heart,which 1 proudly proclaim to be one,she has made great strides in elevating Nihoku's stature. By then t thought my job was finished but like any parent knows,it is never over.My new role was not only to continue to inspire people but to be supportive of Mehana and her hui kia'i (group ofguardians)and kokua whenever1 could.Today myjob is to stand firmly behind the ones now entrusted with the kuleana to protect and defend this special 'aina that spans from the home ofthe three sjsters of Kauape'a,to the prominatory of Nihoku all the way down slope to the shores of Mokolea. Kuleana is a heavy burden that offers little short-term reward until you find the right person to take it off your back and bear it,and through Mehana I have been relieved.Please consider Mehana's humble requests which 1 totally and wholeheartedly support.They are not only genuine and heartfelt but offered in a pono way.Her success in seeking structural and locational changes for the home so as to lessen the impact on the land will be inspirational to the next generation that will eventually assume her kuleana. 1 personally know the Greens and see them as decent,honorable people who are also burdened by the responsibility to do the right thing-Planning Commissioners have a role as wetl,so it is in this lightthatyou place much weight in Mehana's testimony.Whereas the vision of all other parties maybe one dimensional and short sighted,her vision is one in that we should always expect to find Nihoku to be the beautiful,and historical place of refuge,solace and inspiration.1 believe with the guidance of your staff and esteemed commission; we can find a resolution to the issues that Mehana has raised that impact the integrityofthiswahi pana.Mahaloforyour kind indulgence in my long digression.Aloha no. Sincerely, (--<3ary E.Smith KTIauea Kristen Romuar-Cabico From: Sent: To: Subject: Laurel Brier <browerr001@hawaii.rr.com> Saturday,September 11,2021 8:01 PM Planning Department In opposition to Nihoku development CAUTION:This email origjnated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To:Planning Commission ChairApisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners, Director,Deputy Director and Staff As a resident ofAnahola 1 do visit Hihoku area weekly for its scenic beauty and serenity.1 recall the efforts from decades ago to protect and preserve this area and the success ofthe Land Trust to do so to a great extent.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.1 am in opposition to the requested Special Managementarea Use Permit,Use Permit&Class IVZoning PermitforSea CliffPlantation Lot 11-A.l support the applicant's right to build on the site.hlowever,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to denythe requested permits. Thank you for your thoughtful consideration Laurel Brier Anahola,Kauai ^.^.40.'SEP \4 2021 ^ 140 Kristen Romuar-Cabico From: Sent: To: Subject: mike lewis <cunderc@grriail.com> Saturday,September 11,2021 8:28 PM Planning Department Nihoku.Less is more CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Please conserve the beauty of what Kauai really is.We don't need to turn our island into Beverly Hills for the financial gain of a few politicians and realtors.Allow the people who kapu our aina and the avian animals trying to make a comeback have a chance without being overrun by foolish conspicuous excess.1 mean,really,WTF do you need that kind of place for anyway?What a waste of resource.Just like the rest of the one percent dumbasses.Take heed and consider.Manymahalos. l?^^.4' SEP1 4 138 Kristen Romuar-Cabico From: Sent: To: Subject: Kynzie Craver <kynziecraver@gmail.com> Saturday,September 11,2021 9:04 PM Planning Departnnent Opposition of Sea Cliff Plantation lot CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. My name is Cynsie Craver and 1 am writing in opposition ofthe requested special management area use permit and class IV zoning permit for sea cliff plantation lot 11-A. Sincerely, Cynsie Craver Sentfrom my iPhone 137 ^-z.<»(fr 'SEP14 202} Kristen Romuar-Cabico From: Sent: To: Subject: Jenifer Prince •:hanaleiartist@gmail.com> Saturday,September 11,2021 9:16 PM Planning Department Please do not turn crater hill into kukuiola CAUTION:This email origlnated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: My name isjenifer H.Higginbotham.1 have lived on the north shore ofKauai for over45 years. am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site. However,the proposed house and accompanying development are MUCH TOO LARGE and IMPROPERLY situatedforthe ecological and aestheticsensitivityofthe site.In orderto protectagainstirreversible negative impacts,This house would have SEVERE negative impact on the view plane of crater hill !1 ask the planning commissioners to DENY the requested permits.Thank you for your time and attention. Sincerely, Jenifer H.Higginbotham ^^a.tf^. S£P 14 2024U6 136 Kristen Romuar-Cabico From: Sent: To: Subject: Kilo Kia'i <hawaii808surfer@gmail.com> Saturday,September 11,2021 9:29 PM Planning Department Development at Nikoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha,Sir and/or Madam" I oppose any development at Nihoku.First of all,it's too close to the Kilauea Wildlife Refuge for comfort. eliminated loose cats and even dogs that were too close to the Kilauea refuge. have Secondly,1 would like to address similar situations that has already led to desecration and sacrilege.Some dummy built on the hill overlooking Kahili and the surf spot known as 'Rock Quarry'a few decades ago.Shiloh Pa and 1 were checking the surf one day and noticed someone chopped down Paina,Hau and Milo trees near the shoreline.We quickly realized that the owner of that house had the trees cut down to improve his view of the ocean.Kahili is no doubt a WAHI PANA or sacred site.1 hope such shenanigans never happen again. Then,some idiot built a house on the hill that overlooks Hanapai (point)and Kalihiwai Bay.Hanapai is definitely a wahi pana because it s a LEINA,or place where peoples'spirits 'leap'into another realm.Kupuna at Kalihiwai have told me that the peak ofthat hill is also a 'night marcher'path that leads directly to the Hanapai leina.I've known that there's much 'uhane or spirit activity near Hanapai and on that hill since 1 was a kid.I'm sure that the hilltop homeowner knows by now that he made a nasty sacreligious error. Myself and many other culturally-inclined po'e do not want what happened at Kahili and Hanapai/Kalihiwai to ever happen again.Please cancel approval and/or issue cease and desist orders and heavy fines if the so-called landowner thinks he's entitled to do what he wants.Nihoku/Crater Hill is also a wahi pana and is too close to the Kilauea Wildlife Refuge.Please take these accounts into serious consideration.Mahalo nui loa and respectfully submitted, —BryanNakamura,former Kalihiwai farmer,and now a labor Union Agent and Private Investigator. 135 F.^o W SEP 1 4 2021 (ArJ Kristen Romuar-Cabico From: Sent: To: Subject: Kalau Hergenrader <kalau.mini@gmail.com> Saturday,September 11,2021 10:17 PM Planning Department Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Sentfrom my iPhone My name is Kalaukieleula Hergenrader,born LThue and completed a masters on Historic sites of Kaua'i.1 have a responsibility by birth right,ke one hanau. Kaua'i after Niihau is all we have left of the vestiges of our treasured past.It a wonderful isolation from the imposing speed and grandiosity ofglobal technology devoid of moderation. In view ofclimate change mankind, as in Hawaiian cultural practice,needs to reduce the human footprint on the aina.This plan is diametrically opposed to "tiny house"new age thinking!We all need to follow ancient practices in land use and it's history to preserve mankind.Kauhale designs provided for limited imposition on the environment. Nihoku represents an epic of sacred historical significance that the Kaua'i 'ohana live.It is the core of who we are. This property development is an assignation to the preservation of sacred values in the heart of Kaua'i and it's lineage in Hawaiian history! O'ahu is facing 10,000 sq.ft.Houses! That isn't good anywhere in Hawai'i,Stop the spread.This plan,before the commission,violates everything we identify as Hawaiian,cultural values,traditions and native protected environments and species! Please do not allow permits for this monstrosity to pierce the sanctity of Nihoku.Aloha. f^o..^.^ SEP \4 2021.^ 132 Kristen Romuar-Cabico From: Sent: To: Subject: Nafisseh Soroudi <nafisseh@yahoo.com> Sunday,September 12,2021 7:01 AM Planning Department Testimony:Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A). CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it Is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: My name is Nafisseh Soroudi.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated forthe ecological and aestheticsensitivityofthe site.In orderto protectagainst irreversible negative impacts,1 askthe planning commissioners to deny the requested permits. Thank you for your time and attention. Sincerely, Nafisseh Nafisseh Soroudi,PhD (917)284-1712 ^^..^.iHi SEP 1 4 2021 126 Kristen Romuar-Cabico From: Sent: To: Subject: JarraeTehani Puni <jarraetehani@me.com> Sunday,September 12,2021 7:45 AM Planning Department Sea Cliff Plantation Subdivision Lot 11-A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is JarraeTehani Manasas.1 am testifying in OPPOSITION to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public. The proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissionerstodenythe requested permits.Mahaloforyourtime. JarraeTehani Manasas f.->.«^. SFP f ^^f, 125 Kristen Romuar-Cabico From: Sent: To: Subject: Donna Janulaitis <djanulaitis@yahoo.com> Sunday,September12,2021 9:15 AM Planning Department Nihoku (Crater Hill) CAUTION:This email onginated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha PlanningCommission ChairApisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: My name is Donnajanulaitis.1 live in Kilauea and walk past the proposed house site every other day along. enjoy birdwatching the Nene's along with other birds that occupy that hill side.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit&Class IVZoning PermitforSea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and zoning layers designed to protectscenicand ecological resources ofunique value forthe public.We supportthe applicant's rightto build on the site.However,the proposed house and accompanying development are much too laree and improperly situated for the ecological and aesthetic sensitivity of the site.Something that large would be a blight to that area.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Sincerely,Donnajanulaitis 120 f=4..<»^: SEP14 2021^ Kristen Romuar-Cabico From: Sent: To: Subject: Molly Mamaril <mollymamaril@gmail.com> Sunday,September 12,2021 10:08 AM Planning Department Testimony Submission (Mamaril):9/14 AGENDA ITEM:2.New Agency Hearing a. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV ZONING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Molly Mamaril.Alongside many others from across Hawai'i -and in solidarity with friends and family from KTIauea,Kaua'i,1 am concerned that the proposed house at Nihoku (Crater Hill)would impact seabirds who call the area home.1 also feel that itwould forever ruin the experience ofthis vital place for future generations of KTlauea and young people of Kaua'i.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house.Thank you so much for all you do for our island of Kaua'i and for your consideration of concerns. With muchaloha, Molly Mamaril Molly Noelaniokekai Mamaril ^^a.M4. SEP 1 ^^02^ 118 Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Stacy Sproat <s_sproat@hotmail.com> Sunday,September 12,2021 10:11 PM Planning Department Testimony for Use &Zoning Permit for Seacliff Plantation Lot 11 -A David SproatTestimony 9.12.21.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, Submitting testimony for my dad for Tuesday's hearing. Mahalo. Stacy M.Sproat C (808)639-1815 <^ ^w--^EP 14 202^ ^^ 1^1 ^ ^ N !»\^Jtl^^f^ Irh §Ij^j jp ,S3 ll 'dtffS ^ !<?\^tfi ^^'i his»C» A •$1 l^ §?^^^^i ^!^ y\•Sa ^'j^.N ^SJ^^[IIC<§1 !^^:^1i^i 8 ^';1^•^ 'l ^ ^§s^? ^!$ ^IS f ^-t£pl^! ^^^^.^\ ~ ^''»!^ b»^^^J?1 ^^1INIIi^ v\ ^'^.1 ^t)t< ^<A I^3ij16'A^.i; i^ ^ E ^ <§<- ^ ^^^^r;^^" ^ ^ .^ Kristen Romuar-Cabico From: Sent: To: Subject: Ashley Gutierrez <kanoeg66@gmail.com> Sunday,September 12,2021 10:31 AM Planning Department Crater Hill agenda CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. My name is Ashley Gutierrez .Nihoku (Crater Hill)is important to my family and 1 because this area is a wahi pana (look it up),a nesting site for our native birds,and a vital cultural area forthe COMMUNITY (notjustthe owners).1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations .The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house.Don't follow the ways of the Oahu planning department that was investigated by the FBI last year. Regards, AshleyGutierrez ^^.a.w. SEP1 4 2021 116 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Attachments: fern@hapahi.org Sunday.September 12,2021 11:56 AM Planning Department Anne Frederick TESTIMONY RE:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A HAPA Testimony Nihoku Housing Proposal.pdf CAUTION:This email originated from outsidethe County ofKauai.Do not click links oropen attachments even ifthe sender is known to you unless it is something you were expecting. Please see attached and included letter testimonyfrom the Hawai'i Alliancefor Progressive Action (HAPA)Executive Director,Anne Frederick,on behalf of HAPA,our board,Kaua 'i staff and our HAPA network.Maholo. Aloha Kaua'i County Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Commissioners, HAPA is a statewide environmental,social and economic justice organization,which engages over 10,000 Hawai'i residents annuallythrough ourwork. HAPA believes the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site. We are very concerned that the community will be greatly impacted by the proposed house at Nihoku. HAPA also shares concern that the proposed house would impact seabirds and their habitat.We agree that this house would forever ruin the experience of this place. The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.HAPA respectfully asks the planning commission to please deny permits to build the proposed house. Nihoku is culturally significant and present in many stories,chants and hula for Pele. The lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel,koa'e (tropic birds)and more.Crater Hill is a needed relocation site for bird populations from the northwest Hawaiian Islands whose habitat is shrinking due to sea level rise. The property is within a county natural land use designation,open zoning and a Scenic/Ecologic Resources (ST-R)special treatment district area.This requires the Commission to protect land and water areas with unique natural forms,biologic systems,or aesthetic characteristics of significance and value to the general public. Proposed excavation into the steep hillside would be damaging due to the area's sensitive geology and vulnerability to erosion.The footprint of the house is much too large and located too high for this sensitive site.k^^S^*S£P 1 4 202V The KTIauea community has worked to protect the slopes of Nihoku from development for over forty years.The proposed house would forever impact the views and feeling of a place that area 'ohana love and enjoy together. This proposed house would also set precedence for future development of this magnitude along our cliffs and within our view planes.There has been great effort in the past to preserve "green belt" views along our coasts,for good reason.Please continue to perpetuate the protection of our views, landscapes,shoreline cliffs and special areas. We strongly support community members who are asking for a respectful and sensitive approach to development in this very special area.Decreasing the size of the proposed house and moving it substantially farther down would reduce impact on the current landscape. Mahalo for your important service to Kaua'i. Respectfully, Anne Frederick Executive Director Fern Anuenue Holland BSc Hawai'i Alliance for Progressive Action Community Organizer L-]ADA hA'A'A!-ALL'ANCEf.r PROGriE3SIVE ACT'ON Kaua'i County Planning Commission Hawai'i Alliance for Progressive Action OPPOSES Monster Home on Nihoku Tuesday,Sept 14th,2021 RE:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A Aloha Kaua'i County Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Commissioners, HAPA is a statewide environmental,social and economicjustice organization,which engages over 10,000 Hawai'i residents annually through our work. HAPA believes the proposed house and accompanying devetopment are much too large and improperly situated for the ecological and aesthetic sensitivity of the site. We are very concerned that the community will be greatly impacted by the proposed house at Nihoku.HAPA also shares concern that the proposed house would impact seabirds and their habitat.We agree that this house would forever ruin the experience of this place. The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.HAPA respectfully asks the planning commission to please deny permits to build the proposed house. Nihoku is culturally significant and present in many stories,chants and hula for Pele. The lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel,koa'e (tropic birds)and more.Crater Hill is a needed relocation site for bird populations from the northwest Hawaiian Islands whose habitat is shrinking due to sea level rise. The property is within a county natural land use designation,open zoning and a Scenic/Ecologic Resources (ST-R)special treatment district area.This requires the Commission to protect land and water areas with unique natural forms,biologic systems,or aesthetic characteristics of significance and value to the general public. Proposed excavation into the steep hillside would be damaging due to the area's sensitive geology and vulnerability to erosion.The footprint of the house is much too large and located too high for this sensitive site. Hawai'i Alliance for Progressive Action,P.0.Box 1534,Kapa'a,Hawai'i 96746 Phone:(808)212-9616 www.HAPAhi.org The KTIauea community has worked to protect the slopes of Nihoku from development for over forty years.The proposed house would forever impact the views and feeling of a place that area 'ohana love and enjoy together. This proposed house would also set precedence for future development of this magnitude along our cliffs and within our view planes.There has been great effort in the past to preserve "green belt"views along our coasts,for good reason.Please continue to perpetuate the protection of our views,landscapes,shoreline cliffs and special areas. We strongly support community members who are asking for a respectful and sensitive approach to development in this very special area.Decreasing the size of the proposed house and moving it substantially farther down would reduce impact on the current landscape. Mahalo for your important service to Kaua'i. Respectfully, Anne Frederick Executive Director Hawa\"\Alliance for Progressive Action,P.0.Box 1534,Kapa'a,Hawai'i 96746 Phone:(808)212-9616 www.HAPAhi.org Kristen Romuar-Cabico From: Sent: To: Subj'ect: Keith Akana <kalaniakana@yahoo.com> Sunday,September 12,2021 12:00 PM Planning Department Special Management Are Use Permit CAUTION:This email onginated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: Aloha kakou, My name is Kalani Akana and 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.My halau was able to visit there to learn and dance about the area as it has cultural significance to us as evident in the chant "No Luna e ka Halekai,":Nihoku being one such Halekai. My halau and 1 support the applicant's right to build.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts.On dramatic imprint will be on the nesting and protected birds from the lights of the nearby structure.1 ask the planning commissioners to deny the requested permits. Thank you for your time and attention. Sincerely, Kalani Akana,PHD.,Kumu Hula ^.^.a.5?^ SEP 1 4 2021'^ 106 Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Philip Green <pjgreen.jr@gmail.com> Sunday,September 12,2021 12:40 PM Planning Department Re:testimonies Planning Commission Testimony Signitures.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Planning Commission: Please see attached signatures and testimony on SMA 2022-1 Philip &Linda Green application. Thank you, Phil Green On Sun,Sep 12,2021 at 12:15 PM Philip Green <piEreen.ir@gmail.com>wrote: Dear Planning Commission: Please see attached signatures and testimony from some of our friends in Kilauea. Thank you, PhilGreen Thank you, Phil Green f;^.a.^^ SEP ]4 ^ 03/10/21 Kauai County Planning Commission: As a lifelong resident of Kilauea,1 have much aloha for the town.1 have known Phil &Linda Green for about 15 years.1 have found them to be good,hardworking people and they have become a part of our community. 1 give my full support for them to buitd their home in Seacliff subdivision within the Building Setback area stipulated by the County of Kauai years ago.The home fulfills the design,color palette,roof guidelines and all setback requirements. Gary Pacheco ^,,ffM^^^/4/•L-y Sally Kimura 7.^^^^^^.^^^_-^-//-^./ ^Z7 Loretta Boro ^/U'-iu-Vj^ T7V y{^>^^-~5)cm^//Sf^^_ Helen Relacion '-^^<'^//<^'e f^yi^. Judy Rapozo r~?,®^r. u ////_^/ Dale Rapozo /yM^'i./^^-^'r^ Y'"'O S //•/^' Kristen Romuar-Cabico From: Sent: To: Cc: Subject: 'Aina Momona <ainamomona1893@gmail.com> Sunday,September 12,2021 1:32 PM Planning Department alan.s.downer@hawaii.gov,·susan.ajebo@hawaii.gov,·Kaaina Hull;mehanav@gmail.com TestimonyforSMAUsePermit(SMA(U)-2022-1),CLASS IVZONING PERMIT (Z- IV-2022-1),and USE PERMIT (U-2022-1) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, Please find our testimony at the attached links.We are concerned that the application as written failed to include adequate information on the historic properties and cultural resources.We are also concerned that there appears to be no SHPD review of the application. Apologies for the length of the testimony,but we are concerned by the failure of the application to provide information on the surrounding area.We are particularly concerned that the application references a study that it implies is included as an exhibit but is not.We believe these sorts of issues only emphasize the need to have the application reviewed by SHPD prior to approval by the planning commission. Mahalo Walter Ritte 033 Aina Momona Testimony Green SMA.pdf httDS://drive.eooele.com/file/d/lGficQKhaE8nzYWvJXTJrsQvmQHbaYhlr/view?usD=sharine Walter Ritte,Executive Dicector 'AINA MOMONA P.0.Box 376 |Ho'olehua,HI 96729 www.kaainamomona .ore ^-^.a.^' S£P1 4 W01 <g) 'AINA MOMONA P.0.Box 367 |Ho'olehua,HI 96729 www.kaainamomona.org Executive Director,Walter Ritte Board of Directors Jonathan Kay Karaakawiwo'ole Osorio,Ph.D. Trisha Kehaulani Watson,J.D.,Ph.D. Keoni Kauwe,Ph.D. kuualoha hoomanawai,Ph.D. Randall Akee,Ph.D. Noa Lincoln,Ph.D. Peter Kalawaia Moore,Ph.D. Noelani Teves,Ph.D. September 12,2021 Approving Agency: Kaua'i Planning Commission Applicant: Phillip J.&Linda M.Green Dear Chair Apisa and the Honorable Members of the Planning Commission: 'Aina Momona is a 501(c)(3)Native Hawaiian Organization based in Hawai i.We are an incorporated organization which serves as represents the interests ofNative Hawaiians,we have a primary and stated purpose that provisions services to Native Hawaiians,and we have demonstrated expertise in aspects ofhistoric preservation that are significant to Native Hawaiians. We^believethe SMA Use Permit (SMArU)-2022-I).CLASS TV ZONING PERMIT <Z-TV- 2Q22-D,and USE PERMIT (U-2022-1)for the construction involvine a oarcel identified as TMK (4 5-2-004:084 is premature,as it has not yet been reviewed blLthe State Historic Preservatjon Division,further,we believe thatjhe^application in adeauate o^Jts^face^or failine to diselosure information^bout historic sites and cultural resources on the oarcel.A thoroueh and contemDoraneous survev should have been completed and was not.We bejieve tlus permiLshouldJie demed or otherwise deferred until such time as it comnlies with HRS 6E-42 and adeauatelv discloses all information about the historic sites^n the prooertv and poteiitjal impacts to those sites, Section 6.2 ofthe application references a1989 AIS,and indicates the survey is included in Exhibit"0"-but that is not what is provided in Exhibit "G"-instead it is a 2010 AIS for a different parcel.We have provided the 1989 AIS (Exhibit A),which was for a project with no ground disturbance.We believe since the permit before you calls for extensive ground disturbance,a full AIS is appropriate.We do not believe it is appropriate to approve this application until that survey is complete. We believe that absent the disclosure of this important that will be yielded from a AIS,the permit application as submitted is incomplete,as the Commission cannot be expected to make a decision on a project when all the information has not been disclosed as required under law and regulations. Page2 We have included the information from the Draft Environmental Assessment from the nearby agricultural park that adequately identifies bistoric sites in that parcel (Exhibit B)and the full AIS from that DEA,ofwhich a portion was submitted in support ofthe project's application (Exhibit C).We have also included the CIA from the agricultural park which documents extensive cultural interest in the area (Exhibit D). We urge the denial or deferment ofthis application until sufficient information about historic sites and cultural resources can be added to the application and considered by the Commission,as required under law.We also urge the Commission to direct the County to submit this application to the State Historic Preservation Division for review under HRS 6E-42 as required by law. Respectfiilly submitted, /s/Walter Ritte,Executive Director 'Aina Momona cc:AIan Downer,Ph.D.,State Historic Preservation Officer Susan Lebo,Ph.D.,State Historic Preservation Division Kaaina S.Hull,Clerk ofCommission Attachments Kristen Romuar-Cabico From: Sent: To: Subject: Michal Stover <mfsleh@yahoo.com> Sunday,September 12,2021 1:52 PM Planning Department Nihoku Proposed Construction, CAUTION:This email originated from outslde the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless It Is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Mikala Stover.Nihoku (Crater Hill)is important to me because as a KTlauea Point National Wildlife Refuge volunteer 1 spent years planting and maintaining native vegetation at Nihoku to expand native seabird nesting habitat. 1 am testifying in opposition to the requested Special Management Area Use Permit,Use Permit &Class IV Zoning PermitforSea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.These should not be waived merely to enable someone to build a very large house. 1am concerned that the proposed house would impact seabirds who call the area home or use it for migration because it would be much too large and located far too high up the mountain.It would also be constructed in a geologically sensitive area subject to erosion.1 also feel that the house would forever ruin the experience of this vital place for both residents and visitors. am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i. With much aloha, Mikala Stover KTlauea 102 f?^.^.^ SEP 1 4 2021/ Kristen Romuar-Cabico From: Sent: To: Subject: Madeline Guyett <kinikohu@hotmail.com> Sunday,September 12,2021 1:56 PM Planning Department TMK (4)5-2-004:084 Proposed residential development CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director &Staff: My name is Madeline Guyett.Nihoku (Crater Hill)is important to my ohana,myself and this community.1 am concerned that the proposed structure would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of Kilauea and Kaua i s young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.When 1 am walking or riding my bicycle in the area,1 appreciate that the grandeur of the view as 1 gaze up towards the top of Nihoku.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i and for your consideration. Aloha Piha, Madeline Guyett 101 f.Z-C..S-7. StP \A ^ Kristen Romuar-Cabico From: Sent: To: Subject: Derek Gill <derekgill@hotmail.com> Sunday,September 12,2021 2:28 PM Planning Department Hearing Testimony for 9/14/21 meeting CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting, Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director,and Staff, My name is Derek Gill.1 am testifying in opposition to the requested Special Management area Use Permit, Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.These protections are there for a reason,and 1 urge you to uphold them. 1am concerned that the proposed house would adversely impact the albatross,shearwater,petrel,koa'e, molT,ua'u kani,nene,pueo,and other seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of Kilauea and Kaua'i young people.This place is culturally significant to all of Hawai'i in stories,chants,and hula for Pele as Nihoku is the crater which give Kilauea its name.The proposed excavation into the steep hillside does not honor the land and would be damaging due to the area's sensitive geology and vulnerability to erosion. To put it bluntly,the proposed house and accompanying development are much too large and improperly situated for the ecological,aesthetic sensitivity,and zoning of the site.Granting this permit also sets the precedent that these protective zoning designations are negotiable,which sets us all on a slippery slope of endless variances and further degradation of the sacred nature of our island. My understanding is that the Kilauea community has worked to protect the slopes of Nihoku from development for over 40 years.The proposed house would forever impact the views and the feeling of a place that the area ohana love and enjoy together.Let's not sacrifice this for the benefit of an individual. In order to protect against irreversible negative impact as well as setting a dangerous precedent,1 earnestly ask the planning commissioners to deny the requested permits. Thank you all so much for all that you do for our island of Kaua'i. With Much Aloha, DerekGill Princeville,Hl 96 f^.a.9f SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Natalie Haneberg <natalie.haneberg@yahoo.com> Sunday,September 12,2021 2:32 PM Planning Department Nihoku (Crater Hill) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Natalie.I was born and raised on Kauai,and my son has lived his entire life in Kilauea.Nihoku (Crater Hill)is important to my family and I because it IS Kilauea.It has provided my family exercise,play,and solace.My son leamed to ride his bike and skateboard at the foot of the hill.My husband,friends,and I have had countless walks and bike rides to the top.I am sure many people can describe the sense ofpeace and grounding that they feel when they look out across the island and the sea from the top of Nihoku.For me and my family,it has not only grounded us,but provided a sense of place.We all know how important it is to have a sense of place,especially for our keiki.Over the years,we have also enjoyed sighting our precious seabirds and the Nene that have slowly populated the area, I am concemed that the proposed house would impact seabirds who call the area home.I also feel that it would forever min the experience of this vital place for future generations.As we all know,these special places are dwindling on Kaua'i and the rest of the state.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all!I am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i. With much aloha, Natalie Haneberg y^^.t^l. SEP 1 4 2021 ^ 95 Kristen Romuar-Cabico From: Sent: To: Subject: Bonnie Bee <recallbherenow@hotnnail.com> Sunday,September 12,2021 2:36 PM Planning Department Nihoku •No permits for yet ANOTHER Luxury HUGE compound aka "House' CAUTION:This email originated from outside the County of Kauai,Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. PO Box 30848 Anahola Hawai'i 96703-0848 12 September 2021 [Grandparents Day 2021] Dear PlanningCommissioners, Uphold Wahi Pana protection ofNihoku,please. ALOHA !!!Please refrain from authorization ofany permits at Nihoku. Safe Nestingarea -WildlifeSanctuaryforEndangered SeabirdsvsANOTHER$Billion $dollar compound. Land Speculation,as it will be re-sold,like countless other Real Estate deals... At the expense of Endangered Seabirds... (And futuregenerationsofKeiki ) Their ability to know Mo'olelo Manokalanipo Leave "Open Space" The proposed proposal,no doubt will be lit up as the Historic County Building at Christmas Time: But,this proposed multiple $Billion $COMPOUND (not a "House")will cause Light Pollution 24/7 -365 days a year. 95 percent of the population of Endangered Seabirds in Hawai'i Nei have been decimated in the last two-decades,due to urbanization of Kaua'i. PMRF brings fallen Endangered Seabirds to Nihoku. •STOP the continued rape and plunder of Kaua'i ~and the extinction of Endangered Seabirds...at this moment in time:Nihoku By wealth and The Big Five remnant factor.^^""^^W •W^v * 93 ^%a^.'SEPH202f V protect the Endangered Seabirds •Prostitution deals of 'Aina on Kaua'i have been rampant *STOP 'this'despicable issuing of permits "NO"to desecration at Nihoku. MAHALO !!!!! SincerelyWithALOHA, Bonnie P.Bator and 'Ohana (Keana'aina,Kai'aokamaile,Keli'ikoa,Kai) 94 Kristen Romuar-Cabico From: Sent: To: Subject: Jac O'Keeffe <infojokeeffe@gnnail.com> Sunday,September 12,2021 2:47 PM Planning Department Hearing Testimony for 9/14/21 meeting CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director,and Staff, My name is Jacqueline OKeeffe Gill.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.These protections are there for a reason,and 1 urge you to uphold them. 1am concerned that the proposed house would adversely impact the albatross,shearwater,petrel, koa'e,molT,ua'u kani,nene,pueo,and other seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of Kilauea and Kaua i young people.This place is culturally significant to all of Hawai'i in stories,chants,and hula for Pele as Nihoku is the crater which give Kilauea its name.The proposed excavation into the steep hillside does not honor the land and would be damaging due to the area's sensitive geology and vulnerability to erosion. To put it bluntly,the proposed house and accompanying development are much too large and improperly situated for the ecological,aesthetic sensitivity,and zoning ofthe site.Granting this permit also sets the precedent that these protective zoning designations are negotiable,which sets us all on a slippery slope of endless variances and further degradation of the sacred nature of our island. My understanding is that the Kilauea community has worked to protect the slopes of Nihoku from development for over 40 years.The proposed house would forever impact the views and the feeling of a place that the area ohana love and enjoy together.Let's not sacrifice this for the benefit of an individual. In order to protect against irreversible negative impact as well as setting a dangerous precedent,1 earnestly ask the planning commissioners to deny the requested permits. Thank you all so much for all that you do for our island of Kaua'i. With Much Aloha, Jacqueline OKeeffe Gill Princeville,Hl 91 f^^.a.^i. SEP1 4 2021, Kristen Romuar-Cabico From: Sent: To: Subj'ect: Pamela Frierson <pamela@pamelafrierson.com> Sunday,September 12,2021 3:17 PM Planning Department comment on protecting Nihoku area CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is somethlng you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Directi My name is Pamela Frierson.1 am the author of The Last Atoll,a book about saving island endemic species, colonies at Kilauea Point and thereabouts,are among the very environmentally fragile northwestern island driven nearly extinct among the main islands.At present the Kilauea area is the most important nesting ar< standards for special area management in that so designated area. For these reasons1am testifying in opposition to the requested Special Management area Use Permit,Use carries multiple protective land use designations and zoning layers designed to protect scenic and ecologic right to build on the site.However,the proposed house and accompanying development are much too lar^ the site.In order to protect against irreversible negative impacts,I ask the planning commissioners to deny Sincerely, Pamela Frierson 67-5035 Yutaka Pen Place Kamuela,Hl 96743 ^^a.^^' SEP 1 4 2021 ® Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Bruce Whale <brucewhale1@mac.com> Sunday,September 12,2021 3:51 PM Planning Department RE:SMA 2022-1 GREEN -SEACLIFF.pdf;PastedGraphic-l.tiff CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To:PlanningCommission: Please note that 1 would like to be part of the audio testimony for this file. My written submission for this file is attached below. Thankyou BruceWhale. £iruceWhale REALTORC5),e-Fro,CLHM5 sos.05$'.2^7'1 eXp Realttj Luxury 5pecial MillionDollarGuild le 1 @mac.com ie.exprealtu.com R5-75^?? ^-his email and any file5 transmitted with it are confidential and intendecl solelL)(-or the use >e individual or entitt4 to whom theu are addreased.F iease notit't4 the sender immediately by e- Lfou nave receiveci tnis e-mail DU mistake ana aeiete thi5 e-mail rrom uour austem.ir you are not the intended recipient you are notit'ied that dfsclosing,copL|ing,distnbuting ortaking ani action in reliance on the contents ot-this int-ormation 15 5tnctlu prohibited. ' SEP 1 4 202f(^) 'yp' To:The Planning Commission.SeptemberlO,2021 My name is Bruce Whale and for the past 25 years 1 have been working as an architectural designer here on Kauai.1 am also a licensed realtor for the last 12 years. 1 have designed and followed through permitting and construction over 85 SFR's in that time,a fair amount of them in sensitively zoned areas. 1 have also been very closely involved in Seacliff Plantation for many years,both in my design and real estate capacities.1 am a member of the Seacliff Design Review Committee,so am very familiar with the design restrictions imposed on all owners. This testimony is in support of Philip and Linda Green.I am familiar with Phil and Linda's Kauai history and it closely mirrors my own here on Kauai,and that journey starts with arriving here with little to no resources,working 7 days a week for decades, breaking your back to build a life and a business. As long time south Kilauea farmers both Phil and Linda turned a property into a very successful farming operation.They are certainly not "rich mainlanders here exploiting the aina"as is so often leveled at some non-Native Hawaiians. Knowing Jim O'Connor very well and having had many in-depth discussions on the origins of Seacliff Plantation over the decades,it has given me a particular insight and perspective on the development and the history of Kilauea,particularly post-plantation days. For the last two decades working closely with Avery Youn 1 have also had the opportunity to hear first hand his logic to much of the CZO additions he made. With all of this background I am finding it extremely difficult to contain my outrage at what the Green's are being subjected to. Firstly,there is no law,statute or CZO requirement that states that the Green's need a letter or any type of approval,written or otherwise from the Kilauea Neighborhood Association,to be able to proceed with County permitting. Secondly,the frivolous claims from the complainant should be thrown out of the Green's orbit as they have nothing to do with them.The property the Green's have acquired was available for many,many years on the open market,and if it was so sacred to this complainant,why didn't she pass the hat around her community or get a grant to buy it.No,lets rather wait until a hard working Kauaian buys it and then make their well deserved retirement years hell on earth. Thirdly,following the history of those lots on the hillside,and lot 11 in particular,which used to be lot 9 &10,has been shrunk back over the years to what it is now.Lot 11,(9 &10),used to go right overthe hill towardsthe lighthouse,as I'm sure all ofyou know. Lot 11 is a shadow of what it was before,now whittled down to a small (County approved)building envelope.The Green's,having gone through the strict Design Review process of Seacliff (approved by the County)have every right under the law to build exactly where and what the Design Review Committee of Seacliff has already approved. The fact that the Green's actually had KNA approval and were strung out from December 2020 through June 2021 awaiting their actual approval letter again shows total disdain or respect for them.The general public,along with the KNA can comment all they like.....the process,guidelines and guarantee of property owners rights in Seacliff have already been signed off by the County. Fourthly,1 am astounded at the hypocrisy.If 1 buy a piece of land right in Kilauea town, 1 can not only build whatever 1 like under the County code,but1can build it out of any variety of material 1 choose,make it as aesthetically displeasing as 1 like,and paint it any color on Earth that I want,and 1 can do it......all without any KNA approval whatsoever.But a development,a mile out of Kilauea town,all County approved under strict guidelines is subject to scrutiny by and approval of a partisan and hostile group with no legal right to assert it. Fifthly,the best part of the Kilauea area is the zone that has been created by Seacliff. Why do 1 say this?Every day 1 watch as a large number of Kilauea residents head down Lighthouse Rd.to Seacliff or close by,either to go and watch the sunset,walk their dogs,exercise or relax,and that is because of the careful planning and vision that created it,which has continued through the Seacliff Design Review process. There would be no bird sanctuary,75 acres of open fields or the community farm if it wasn't for Seacliff.So rather than the attitude that currently abounds about Seacliff Plantation,it should be replaced with a sense of gratitude and respect,and that includes respect for the many residents of Seacliff and their legal rights,who are people like the Green's that have worked hard to earn the right to own there. Finally,1 say again that Phil and Linda Green have every right to build exactly what the Seacliff Design Review Committee (and hence County)has already approved,which is a very modest home made from materials that will merge into the hillside,and be a welcome addition to the Seacliff Community.The 12 acres that the Green's now own is County approved for two homesites and 1 fully approve of their legal right to build both homes. Your sincerely .•^/•c'- Bruce Whale. Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Attachments: Wayne Tanaka <waynet@oha.org> Sunday,September 12,2021 3:55 PM Planning Department Annie Kauhane;Sharde Freitas;Letani Peltier Planning Commission Testimony for agenda item F.2.a. Testimony -Kauai County Planning Commission Item 2a FINAL.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha, Please find attached the administrative testimonyofthe Office ofHawaiian Affairson agenda item F.2.a forthe Planning Commission's Sept.14 meeting. Mahalo nui, WayneTanaka Public Policy Manager Office of Hawaiian Affairs (808)594-1945 waynet@oha.org ^^.4.fr^ SEP 1 4 2021,^ OFFICE OF HAWAIIAN AFFAIRS Administrative Testimony Planning Commission CountyofKaua'i AGENDA ITEM F.2.a SPECIALMANAGEMENTAREAUSEPERMIT(SMA(U)-2022-1),CLASSIVZONING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1)for the construction of a farm dwelling unit,guest house,garage and associated site improvements within Lot 11 -A of the Seacliff Plantation Subdivision in Kilauea,involving a parcel situated approximately 1,000 feet west ofthe Pali Moana Place/Makana'ano Place intersection,further identified as Tax Map Key:(4)5-2-004:084 (Unit 1)affecting a portion ofa larger parcel approximately 1 2.305 acres in size =Phillip J.&Linda M.Green. Kepakemapa 14,2021 9:00 a.m.Halawai Keleka'a'ike The Office of Hawaiian Affairs (OHA)offers the following COMMENTS on Agenda Item 2a,which relates to a Special Management Area Use Permit,Class IV Zoning Permit, and Use Permit for construction and associated site improvements within Lot 11 -A of the Seacliff Plantation Subdivision in KTlauea. OHA is the constitutionally-established body responsible for protecting and promoting the rights of Native Hawaiians.1 OHA has substantive obligations to protect the cultural and natural resources of Hawai'i for the agency's beneficiaries.2 Accordingly, OHA is required to serve as the principal public agency in the State of Hawai'i (State) responsible for the performance,development and coordination of programs and activities relating to Native Hawaiians;assess the policies and practices ofother agencies impacting Native Hawaiians;and conduct advocacy efforts for Native Hawaiians.3 It is with this kuleana in mind that OHA offers the following comments. To give meaning to the constitutional mandate4 that the State protect and enforce Native Hawaiian traditional and customary rights,the Hawai'i Supreme Court in Ka Pa'akai o ka 'Aina v.Land Use Commission5 established a three-step analytical framework that state and county decisionmakers must follow,before rendering decisions that may impact natural and cultural resources,sites,and associated practices.This "Ka Pa'akai analysis"requires that government decisionmakers make specific findings and conclusions as to the following,when considering a petition or rendering a decision that may impact 'HAW.CONST.ART.XII§5. 2 See Haw.Rev.Stat.("HRS")Chapter 10. 3HRS§10-3. 4 HAW.CONST.ART.XII §7. 5 Ka Pa'akai O Ka 'Aina v.Land Use Com'n,7 P.3d 1068 (Hawai 'i 2000). Kaua'i Planning Commission Agenda Item F.2.a September 14,2021 Native Hawaiian traditional and customary practices:(1)the identity and scope ofvalued cultural,historical,or natural resources in the petition area,including the extent to which Native Hawaiian traditional and customary rights are exercised in the petition area;(2)the extent to which those resources,including Native h-lawaiian traditional and customary rights,will be affected or impaired by the proposed action;and (3)the feasible action,if any,to be taken to reasonably protect Native Hawaiian rights ifthey are found to exist. OHA understands that Native Hawaiian community members,including the members of Na Kia'i Nihoku,have identified a range ofvalued natural and cultural resources and sites that underly Native Hawaiian traditional and customary practices associated with Nihoku,which may be significantly and irreparably impacted by the contemplated development of the crater.6 These include nesting habitat for culturally significant native manu,historical viewplanes,and the crater itself.Oh-IA emphasizes that the Commission has a constitutional duty,as further described by the Hawai'i Supreme Court,to fully consider these resources,sites,and practices,and to take all necessary action to reasonably protect them in its deliberations and decisionmaking. OHA does understand that the applicant has offered several proposals to mitigate some potential impacts,including:installing downward shielded lights,incorporating features in the Agricultural Plan that may create additional habitat for avian species, working with the U.S.Fish and Wildlife Service to establish a viewing location in the Open Space Easement to observe the noted avian species,employing earth tone color schemes to all materials used,and continuing to engage in discussions with cultural practitioners.7 OHA further appreciates that the Planning Department recognizes that"[cjonstruction plans should not be finalized until all issues [identified in Exhibit M ofthe application]are resolved with Na Kia'i Nihoku."8 However,OHA does express some concern that insofar as these issues are concerned,the Planning Department's preliminary recommendations only address the use of downward-facing shielded lights and dark earth- tone colors.9 OHA also notes that Na Kia'i Nihoku have offered a range of additional information and actions that the Commission should consider in fulfilling its constitutional mandate,including reductions in development footprint and the relocation ofthe proposed development to a less sensitive area;limitations on any excavation work which may significantly undermine the natural and cultural integrity of the area;and further protections for the unique geological,biological,and cultural features ofthis wahi pana. 6 See In the Matter of the Application of Philip J.Green and Linda M.Green,Exhibit M (pages 397 -403 of the Agenda Packet);Supplement #1 to Planning Director's Report (pages 422-437 of the Agenda Packet). 7 See In the Matter of the Application of Philip ).Green and Linda M.Green,40-43 (pages 397 -403 of the Agenda Packet). 8 Director's Report,8 (page 412 ofthe Agenda Packet).''Director's Report,11-13 (page 415-41 7 ofthe Agenda Packet). Kaua'i Planning Commission Agenda Item F.2.a September 14,2021 OHA therefore urges the Commission to carefully consider the entire record, including testimony submitted for its September 14 meeting,and to incorporate any and all proposed mitigation measures provided by the community in order to fulfill its constitutional obligations as required by the Hawai'i Supreme Court. Finally,OHA notes that Ka Pa'akai c\anf\es an affirmative duty that is incumbent on the State and counties,as well as their instrumentalities.Although the applicant's efforts to help the Commission satisfy its constitutional obligations are appreciated,OHA cautions that it is not the applicant's responsibility to conduct a Ka Pa'akai analysis,nor are they able to discharge the State and County's constitutional duties to preserve and protect Native Hawaiian traditional and customary rights.10 Mahalo for the opportunity to provide testimony on this matter. 10 See Ka Pa'akai O Ka 'Aina v.Land Use Com'n,7 P.3d 1068,1081 (Hawai'i 2000)(holding that the Land Use Commission improperly delegated its authority to consider the effect of the proposed development on Native h-lawaiian traditional and customary practices). Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Anne Torio <anne.torio@k12.hi.us> Sunday,September 12,2021 4:00 PM Planning Department Public Testimony re:Nihoku Annie Torio Nihoku Testimony.pdf;Kira Szegda -Nihoku Testimony.pdf;Gianna-Leigh Contrades -Nihoku Testimony.pdf;Breezy Longley -Nihoku Testimony.pdf;Makoa Lord-Alapai -Nihoku Testimony.pdf;Anaualeikupuna Vaughan -Nihoku Testimony.pdf; Callie Worley -Nihoku Testimony.pdf;Brea Torio -Nihoku Testimony.pdf;Tierra Andrews -Nihoku Testimony.pdf;Pookela Brown -Nihoku Testimony.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Please read Testimony by Annie Torio first.The rest can go in any order. Mahalo This is a staff email account managed by Hawaii Department Of Education School District.This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.Ifyou have received this email in error please notifythe sender. ^Z-^'fiSEP14202T Annie Torio KTIauea School 2440 Kolo Rd. Kilauea,Hl 96754 Re:PermittingforSea CliffLot11A Friday,September 10,2021 Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, My name isAnnie Torio.1 am a fourth grade teacher at KTIauea School and 1 am writing to you today in regards to the requested Special ManagementArea Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.My students and l took some time in class to review the facts regarding this situation occurring in our immediate community.You will see their responses in the testimony attached.We created the template for this testimony together as a class,and they had the ability to insert their individual thoughts and opinions regarding the matter into each of their letters.We discussed the importance of sharing their mana'o with elected officials,and also the importance of respecting others with different ideas than theirs. These letters are authentically written and include a great deal of thought from these nine and ten year olds.Although each ofthem completed a testimony,1 am attaching the nine student testimonies that 1 received parent consent for. Mahalo for taking the time to listen to the thoughts of the keiki of this 'aina.Me ke aloha. Brea Torio KTIauea School 2440 Kolo Rd. Kilauea,Hl 96754 Re:Permitting for Sea Cliff Lot 11A Friday,September 10,2021 Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, My name is Brea Namaka Walu Torio.1 am a fourth grade student at KTIauea Schooland 1 am writing to you today in regards to the requested Special ManagementArea Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.l think this house should not be built on Nihoku because ofall the native birds and the sacred land. I think Nihoku is important because it is a sacred land.1 have a persinal connection to Nihoku because my ohana has been a part of this community for generations.1 have experienced that place with my ohana and it is beautiful and ancient. Please deny the current building ofthe house and the permits as requested. Mahalo for taking the time to listen to my thoughts. p.^^.c^. '^U 2021', Callie Worley KTIauea School 2440 Kolo Rd. Kilauea,Hl 96754 Re:Permitting for Sea Cliff Lot 11A Friday,September 10,2021 Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, My name is Callie Worley.1 am a fourth grade student at KTIauea School and I am writing to you today in regards to the requested Special ManagementArea Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.l think that property should not be built on Nihoku because it's a part ofthe community and our 'ohana. As a community member of Kilauea 1 don't want them to build a house because of the birds and wildlife and because it is sacred.Pele and Namaka fought there and made the crater. Please deny the permits as requested. Mahalo for taking the time to listen to my thoughts. f^^.^.<^. SEP]4202-j ^ Gianna-leigh Contrades KTIauea School 2440 Kolo Rd. Kilauea,Hl 96754 Re:Permitting for Sea Cliff Lot11A Friday,September 10,2021 Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, My name is Gianna-leigh Contrades.1 am a fourth grade student at KTIauea School and 1 am writing to you today in regards to the requested Special ManagementArea Use Permit,Use Permit&Class IVZoning PermitforSea Cliff Plantation Lot 11-A.l think that this property should not be built on Nihoku. As a part ofthe Kilauea community 1 don't approve that they want to build a house there. It is sacred land and where they are building it is where a lot of birds are.The birds live there, that is their home.1 think that nobody should be able to look up at Nihoku and see a huge house. Please deny the current building permits as requested. Mahalo for taking the time to listen to my thoughts. f:-^.o.<»x SEP 1 4 2021 ^ Breezy Longley KTIauea School 2440 Kolo Rd. Kilauea,Hl 96754 Re:Permitting for Sea Cliff Lot11A Friday,September 10,2021 Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, My name is Breezy W.Longley I am a fourth grade student at KTIauea School and 1 am writing to you today in regards to the requested Special ManagementArea Use Permit,Use Permit & Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.l think it should be built because they have bought the property. 1 believe that these people should be allowed to build their home and live their life living in this amazing place.We must allow new people into our community.This island deserves more love. These people may help the community;they could be a great addition to the community. Please let them build their home. Mahalo for taking the time to listen to my thoughts. ^.^.fc^* SEPl 4 2021 Kira Szegda KTIauea School 2440 Kolo Rd. Kilauea,Hl 96754 Re:Permitting for Sea Cliff Lot11A Friday,September 10,2021 Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, My name is Kira Szegda.I am a fourth grade student at KTIauea School and 1 am writing to you today in regards to the requested Special ManagementArea Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.l think this property should not be built on Nihoku. As a Kilauea Community member I think it should not because it is a beautiful,special place and when 1 go there it is nice and peaceful.1 think it is important because it has lots of history and lots of birds live there too. Please deny the current building permits as requested. Mahalo for taking the time to listen to my thoughts. ^^..^.-ra SEP 1 4 2021 Makoa lordAlapai KTIauea School 2440 Kolo Rd. Kilauea,Hl 96754 Re:Permitting for Sea Cliff Lot11A Friday,September -10,2021 Dear Planning Commission ChairApisa,Vice-Chair Cox,and hlonorable Kaua'i Planning Commissioners, My name is Makoa Lord Alapai.I am a fourth grade student at KTIauea School and 1 am writing to you today in regards to the requested Special ManagementArea Use Permit,Use Permit & Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.l think this property should not be built on Ninoku because it is ware pele and Namaka fought up their I've been their with my family and school.1 know it is important because the animals live there. Please deny the current building permits as requested. Mahalo for taking the time to listen to my thoughts. /1f- ^-.^•^- S£p \4 2021 ( Tierra Andrew KTIauea School 2440 Kolo Rd. Kilauea,Hl 96754 Re:Permitting for Sea Cliff Lot 11A Friday,September 10,2021 Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, My name is Tierra Andrews.1 am a fourth grade student at KTIauea School and 1 am writing to you today in regards to the requested Special ManagementArea Use Permit,Use Permit & Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.I think this property should not be built on Nihoku. As a community member 1 care because my ohana has lived here for generations and also there is nature and aina.1 believe this can not happen because my papa has told me storys and 1 have had experiences there. Please deny the permits as requested because 1 don't want them to build their mansion. Mahalo for taking the time to listen to my thoughts. p;^..4.-1<>. SEP1 4 2021 Pookela brown KTIauea School 2440 Kolo Rd. Kilauea,Hl 96754 Re:Permitting for Sea Cliff Lot11A Friday,September 10,2021 Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, My name is Pookela brown.I am a fourth grade student at KTIauea School and 1 am writing to you today in regards to the requested Special ManagementArea Use Permit,Use Permit & Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.l do not think that they should build a house up there. 1 go up there with my family and my class.1 know it is special because it's a good place to go when you are feeling sad or happy. Please deny the permits as requested. Mahalo for taking the time to listen to my thoughts. F,^«^- SEP 1 4 2021: Anaualeikupuna Vaughan KTIauea School 2440 Kolo Rd. Kilauea,Hl 96754 Re:Permitting for Sea Cliff Lot 11A Friday,September 10,2021 Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, My name is Anaualeikupuna Vaughan .1 am a fourth grade student at KTIauea School and 1 am writing to you today in regards to the requested Special ManagementArea Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.l think this property should not be built on because it is a bird refuge. As a community member of Kilauea,1 know that Nihoku is a sacred place where birds can rest, and the mo'olelo and legacy ofthe battle between Pele and Namaka can live on. Please deny the building permits as requested. Mahalo for taking the time to listen to my thoughts. fl ^^f^ SEP \4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Kirstie Daly <keahidaly@gmail.com> Sunday,September 12,2021 4:01 PM Planning Department Personal Testimony on Item 2a:Special Management area Use Permit,Use Permit & Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A CAUTION:This email onginated from outside the County of Kauai.Do not click links oropen attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, My name is Kirstie Daly.1 am writing today in hopes that you will consider my testimony in your review process of the proposed 12,000 square foot house on Nihoku (Crater Hill).Item 2a:Special Management area Use Permit,Use Permit & Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A. 1 grew up in Kilauea and like many others from the old neighborhood,1 hope to be able to one day afford to buy a home. Prices have gone up eight times over since my parents bought their first home in Kilauea in the early 1990s.This all to say,Kilauea will always be my hometown,regardless if 1 can afford to reside there.1 will always return to this place to visit family and enjoy the sunset with a walk up crater hill. When you come from a place,you work hard to preserve its essence,to protect its uniqueness and aspire to share these treasure with others,in their authentic state. Crater Hill has been developed over the years,and 1 understand this has been planned for decades.Some long time Kauai residents say it's too late to hold on to a less congested Kauai.But 1 believe the decisions we make now will determine what our community can protect and collectively value in perpetuity.The decisions we make to alter the landscape will decide if our landmarks are even recognizable.How would it look jf homes were built on the high reaches of Sleeping Giant?We carry the responsibility as Kauai residents to value these one of a kind landscapes.This includes set limits on how much development can encroach on irreplaceable geological and cultural landmarks. Plan and simple,the home in question is just too large and located too high up the mountain.1 am asking the planning commission please deny permits to build the proposed house at its current specificities.Another location on their adjoining property should be considered. 1 humbly ask that you continue to uphold what we collectively value as a community.Please approve plans that will protect our ability to view in wonder this special place,as true to historical observation as possible.To view the mountain ridge in its entirely.To protect the top of Crater Hill for the native birds,unique to this place.To honor the work of US Fish and Wildlife and community groups over decades to restore habitat.People travel across the world to see this place,in its glory.We do no one a favor by removing the brilliance of our special areas for the use of private owners. Thank you so much for all the work you do for our island of Kaua'i.Thank you for including my testimony in the review process. Mahalo, Kirstie Daly a.^9 85 f;^ SEP I 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Joell Edwards <joellmedwards@gmail.com> Sunday,September 12,2021 4:03 PM Planning Department Application special permit 2-IV-2022-1 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha ~ My name is Joell Edwards.owner of Wainiha Country Market. 1 am writing in opposition to the proposed home to be built on Nihiku in Kilauea. Nihiku or Crater Hill as many know it,holds a special place in many families on the north shore.Not only does it represent geological history,but it houses and protects our island seabirds. Just the landwork alone would create havok for these native birds,which may ruin future generations going forward. The house is also too large to be built on a sensitive area,which should remain beautifully calm and protected. 1 am asking the planning commission to please deny permits to build the proposed house. Much respect for all you do for our community and Island of Kaua'i. OnlyAloha Joell M Edwards 5-6607 Kuhio Highway HanaleiHI 96714 916-778-8313 Joell M.Edwards 916.778.8313 Thank You,Joell Edwards ^^.^l.-7^ SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Jessica <jessntd@gmail.com> Sunday,September 12,2021 4:13 PM Planning Department Protect Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Kauai Planning Commission, As you know,an application proposed 'megahouse' to be built on the upper slopes of Nihoku (and near the nesting sites of birds such as molT,ua'u kani,nene,and pueo)is before the commission awaiting approval 1 am writing to ask that the County Planning commission either deny the permit outright,or approve it only with the proviso that the house built lower on the slopes, away from the bird refuges,and only if the square footage be reduced from its proposed size of 12,000 square feet to one substantially lower. Nihoku is the crater which gives KTIauea (meaning//spewing//like the active volcano)its name.It is culturally significant to all of Hawai'i in stories,chants and hula for Pele.-p ^^.•77. 79 SEP 1 4 2021 •(^ The lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel,koa'e (tropic birds)and more.Crater Hill is a needed relocation site for bird populations from the northwest Hawaiian islands whose habitat is shrinking due to sea level rise. The property is within a county natural land use designation,open zoning and a Scenic/Ecologic Resources (ST-R)special treatment district area.This requires the Commission to protect land and water areas with unique natural forms,biologic systems,or aesthetic characteristics of significance and value to the general public. Proposed excavation into the steep hillside would be damaging due to the area's sensitive geology and vulnerability to erosion.The footprint of the house is much too large and located too high for this sensitive slte. 80 The KTlauea community has worked to protect the slopes of Nihoku from development for over forty years.The proposed house would forever impact the views and feeling of a place that area 'ohana love and enjoy together. Although 1 am not a resident of Kauai,1 am a Hawaii resident and 1 am very concerned about our 'Aina, especially in this season ofglobal warming and concerns over sustainability pertaining to water,food and other essential services for our island home.If at all possible,as much of our land needs to be preserved so future generations can have a sustainable ecosystem to live in once global warming and sea level rise become more and more impactful.A megahouse is not in line with these objectives,and not within that ofthe state's proposal to be sustainable by 2050. In this light,please modify the application to be approved only if it is lower on the slopes and reduced in proposed size,or reject the application entirely. 81 Mahalo for your time to this issue.Jessica Kuzmier Bauer,Kailua-Kona 82 Kristen Romuar-Cabico From: Sent: To: Subject: Wahinepoaimoku Nahale-a <lonokahikini2@gmail.com> Sunday,September 12,2021 4:19 PM Planning Department PROTECT NIHOKU.Appose SPECIAL MANAGEMENTAREA USE PERMIT (SMA(U)-2022-1),CLASS IV ZONNING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1) CAUTION:Thls email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Wahinepo'aimoku Nahale-a,I'm from Keana,Ko'olauloa,O'ahu,and I'm in the llth grade at Kamehameha Schools.Nihoku (Crater Hill)is important to my family and 1 because we believe in protecting and maintaining the places that are of vital importance to Hawai'is culture,environment,and species.1 am concerned that the proposed house would impactseabirdswhocallthe area home.1 alsofeel that it would forever ruin the experience ofthisvital placefor future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i.With much aloha, Wahinepo'aimoku L.Nahale-a 78 f^^.^t.'rir SEP 1 4 2021 ® Kristen Romuar-Cabico From: Sent: To: Subject: Sarah Wright <sarah.wright15@gmail.com> Sunday,September 12,2021 4:55 PM Planning Department Testimony for Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Directorand Staff: My name is Sarah Wright.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are muchtoo large and improperlysituatedforthe ecological and aestheticsensitivityofthesite.In orderto protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. With aloha, Sarah 650-576-9875 sarah.wrightl5@gmail.com Re:Agenda Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A 74 ^-/^.^i.-y^ SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Michael &Patti <wisevalentine@gmail.com> Sunday,September 12,2021 5:23 PM Planning Department AGENDA ITEM:2.New Agency Hearing CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission ChairApisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: My name is Patti Valentine,and 1 am a resident ofAnahola.1 am testifying in opposition to the requested Special Managementarea Use Permit,Use Permit &Class IVZoning PermitforSea CliffPlantation Lot 11-A. The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources ofuniquevalueforthe public.Thisarea has been home to manyofourseabirdsand the nene for decades;since they cannot give testimony 1 do 50 on their behalf.The delicate balance of their living situation will be foreverdisturbed ifthis permit is given. 1 support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In orderto protectagainst irreversible negative impacts,I askthe planningcommissionerstodenythe requested permits.If this mega property is permitted,that entire hillside will soon be covered with mcmansions and we all will lose the birds. Thank you for your time and attention. Sincerely, Patti Valentine Olakino maika i;Live healthy Lokomaika i:Share with each other 69 f;<?.«.w. SEP \4 202^ Kristen Romuar-Cabico From: Sent: To: Subject: Jordan Lemke <jlemke2015@yahoo.com> Sunday,September 12,2021 6:05 PM Planning Department Nihoku Testimony CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission ChairApisa,Vice-ChairCox,and Honorable Kaua'i Planning Commissioners: My name is Jordan Loudon.Nihoku (Crater Hill)is important to my family and 1 because we are KTIauea residents and we are concerned about the over-development of these islands for both commercial and residential use.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain, in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i. Aloha nui, Jordan Loudon ^^a.y* $EP 1 4 2021 ^ 63 Kristen Romuar-Cabico From: Sent; To: Subject: Chris Moore <chrisrmoore@zohomail.com> Sunday,September 12,2021 6:20 PM Planning Department Testimony regarding SMA(U)-2022-1),CLASS IV ZONING PERMIT (Z-IV-2022-1),and USEPERMIT(U-2022-1) CAUTION:This emall originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commissioners,director and staff. The applications before you are there for your careful consideration being protected in the county natural land use designation,open zoning and a Scenic/Ecologic Resources (ST-R)special treatment district area.Your commission is representing everyone on our island to protect these resources. It is not feasible to protect these assets and allow development on the slope.The structures,landscape,roads,their traffic,lighting and noise is all out of place. We trust that you will protect this area from the development,large or small. Mahalo,Chris Moore and Javed Maksood 808-652-2063 ^-?..^-n~ 59 SEP \4 2 Kristen Romuar-Cabico From: Sent: To: Subject: Hula Sk8r <beatingheart1@gmail.com> Sunday,September 12,2021 6:31 PM Planning Department Opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: My name is MeleLani Llanes from Makakilo,O'ahu.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.The proposed house and accompanying development are much too largeand improperlysituatedfortheecological and aestheticsensitivityofthesite.In orderto protectagainst irreversible negative impacts,1 askthe planningcommissionersto denythe requested permits.Irresponsible development needs to stop!Thank you for your time and attention. Sincerely, MeleLani Llanes Makakilo,O'ahu v ^^.^^ SEP1 4 nn"l 58 Kristen Romuar-Cabico From: Sent: To: Subject: Toi Pua La'a <alolaa108@gmail.com> Sunday,September 12,2021 7:03 PM Planning Department Sea Cliff Plantation Lot 1 1 -A opposition to Special Management Use Permit CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is T.Pua Laa Norwood.Nihoku [Crater Hill)is important to my family and I,for it's beauty,it s open space,as a bird sanctuary.I am concerned that the proposed house would impact seabirds who call the area home.I also feel that it would forever ruin the experience ofthis vital place for future generations ofKIlauea and Kaua i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.I am asking the planning commission to please deny permits to build the proposed house. I am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Uiff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources ofunique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity ofthe site.In order to protect against irreversible negative impacts,I ask the planning commissioners to deny the requested permits. Thank you for your time and attention and service to our island of Kaua'L ^ ^^-^. SEP 1 4 2021 ^ Mahalo nui loa, Ms.Pua Laa Aloha ke kahi ke kahi. Malama pono,malama kino. E Ola! {Love each other,one another. Care for/Respect Righteousness,care/respect your body. Live life in Health!) Pua La 'a Alo La'a ~Danse Arts Yoga Studio in Ching Young Village,Hanalei 5-5190 Kuhio Hwy.,D-10 Hanalei,Hawaii 96714 Mobile:808 652 9642 (YOGA) alolaal08(n)Rmail^com www.alolaa.vo^a 55 Kristen Romuar-Cabico From: Sent: To: Subj'ect: Attachments: tpasuncion@gmail.com Sunday,September 12,2021 6:44 PM Planning Department Testimonyfor9.14.2021 Hearing Testimony Patrice.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Please find attached testimony for the 9.14.2021 hearing, Mahalo nui loa! Patrice Asuncion 808.634.1605 ^^•^w'SEP^ m\ Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners, Dirertor,Deputy Director and Staff: My name is Patrice Asuncion.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However, the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Mahalo nui loa, Patrice Asuncion Kilauea Resident and Homeowner Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: tpasuncion@gmail.com Sunday,September 12,2021 6:45 PM Planning Department Forthe 9.14.2021 Hearing TestimonyTim.pdf CAUTION;Thls email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it Is something you were expecting. Mahalo nui loa! TimothyAsuncion 808.634.8879 Timothy f7^^.S^ SEP 1 4 2021 Aloha Planning Commission Chair Apisa,Vjce-Chair Cox,Honorable Kaua'i Planning Commissioners, Director,Deputy Director and Staff: My name is Timothy Asuncion.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However, the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Mahalo, Timothy Asuncion -Born and raised in Kilauea Kristen Romuar-Cabico From: Sent: To: Subject: Kristalyn Mersberg <kris.mersberg@gmail.com> Sunday,September 12,2021 7:05 PM Planning Department Protecting Nihoku In KILAUEA CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender Is known to you unless it is something you were expecting. Sentfrom my iPhone Aloha planning commission chair Apisa,Vice chair Cox and honorable Kauai planning commission!! My name is Kristalyn and was BornAmd Raised in KilaueaN I'm 38yearsold and am thankfulto be apartofsuch an amazing community!!Nihoku is important to me and my family because our Kupuna have roamed that land with respect and Kuleana not only for our people but the wildlife that surroUnds this beautiful sacred spot!!Me and my Ohana our concerned that if the proposed House is passed that it will ruin and diminish this area that seabirds call their home!!The house isto large and is askingto be builttofar uponthe mountain and isjust not PONO at all!!Forother people who see that this type of action is ok and allowed and acceptable,especially those with money it'll be over for our islandthe Land and ourfuturegenerations!! Pls.HELP the people of Kilauea and our island of Kauai PRESERVE what's left of open land we have!!Our Keiki have had the chanceto be ableto Malama NIHOKU with the proper permission!!Me and myOhana areaskingforthe planning commission to deny permit for any building upon Nihoku. Mahalo nui for all that you do for the island of Kauai and its people. Aloha,Kristalyn Mersberg ^.yr. ^'?-.' ^\4 202^ 53 ^ Kristen Romuar-Cabico From: Sent: To: Subject: Mavi Kaneg <maviconant@msn.com> Sunday,September 12,2021 7:40 PM Planning Department NIHOKU (Crater Hill)/Sea Cliff Plantation CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is Mavi Kaneg.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thankyouforyourtimeandattention.With much aloha,Mavi 51 f:.^-^^ SEP 1 4 2021 ^ Kristen Romuar-Cabico From: Sent: To: Subject: Janelle Peotter <janellepeotter@gmail.com> Sunday,September 12,2021 7:52 PM Planning Department Kaua'i Planning Commission:Protect Crater Hill CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Members of the Kaua'i Planning Commission: It has come to my attention that there is a proposed development for a 12,000 square foot "home"to be built on the upperslope ofCrater Hill.This isfartoo large to be approved!Itdoes not fit with the aestheticcharacteristics ofthe area but most importantly,this lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel,and tropicbirds.Crater Hill is a needed relocation site for bird populations from the northwest Hawaiian Islands whose habitat is shrinking due to sea-level rise.This property is within a county natural land use designation and a Scenic/Ecological Resources (ST-R)special treatment district area.This requires you as the commission to protect land and water areas with biological systems that are of significance and value to the general public!The climate crisis is upon us and it is difficult to prevent impacts of climate change on Kaua'i but you do have the power to protect our bird populations from the direct and local impact that this development would most certainly have on their ever-shrinking habitat. Do the right thing and say no to this oversized and destructive project! Sincerely, Janelle Peotter Cell:920-883-1788 -p^^,^. SEP \4 2021 49 Kristen Romuar-Cabico From: Sent: To: Subject: JoAnne Kaona <jlkaona@gmail.com> Sunday,September 12,2021 8:12 PM Planning Department AGENDA ITEM:2.New Agency Hearing CAUTION:Thisemail originated from outsidethe CountyofKauai.Do notclick links oropen attachments even ifthe sender is known to you unless it is something you were expecting. AGENDA ITEM:2.NewAgency Hearing Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is JoAnne Kaona.1 was born and raised on Kaua'i,grew up in Wai'oli and Anahola and currently work at Waipa Foundation.Nihiku has always been a special place to visit while growing up,but my most memorable visit to Nihoku (Crater Hill)was while taking a group of Waipa keiki on a huaka'i there.We were in awe with the thousands of seabirds all around and were deeply captivated by the mo'olelo's that we learned about this wahi pana.This day we all strengthened and built connections to this special place and it would be such a shame to ruin that experience for our future generations.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i! Aloha,JoAnne Kaona 47 R ^^.<%). SEP 1 4 2021 ^) Kristen Romuar-Cabico From: Sent: To: Subject: janice mckeachern <janicemckeachern@gmail.com> Sunday,September 12,2021 8:14 PM Planning Department Opposing Permit for Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners,Director Deputy and Staff: My name is Janice McKeachern and 1 am testifying in opposition to the requested Special Management area use Permit, Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lotll-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.The property is within a county natural land use designation,open zoning and a Scenic/Ecologic Resources special treatment district area.The lot also adjoins vital sea bird nesting areas for albatross,shearwater,petrel,koa'e and more. We support the applicant's right to build on the site.However,the proposed house is much too large and improperly situated for the ecological sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Mahalo! Janice McKeachern F^.^<»». SEP 1 4 2021 46 Kristen Romuar-Cabico From: Sent: To: Subject: Zoli Wall <kaohinani.gardens@gmail.com> Sunday,September 12,2021 8:34 PM Planning Department Testimony to protect Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha planning commission chair Apisa,vice chair Cox,and honorable Kauai planning commissioners,My name is Zoli Wall,1 am a lifelong resident of Kilauea. 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designedto protectscenicand ecological resources ofuniquevalue forthe public.We respertthe applicant's rightto build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts, ask the planning commissioners to deny the requested permits.Thank you for your time and attention.Sincerely,Zoli Wall 44 F^4^ SEP f 4 202f Kristen Romuar-Cabico From: Sent: To: Subject: radkauai@aol.com Sunday,September 12,2021 8:37 PM Planning Department Opposing Permit for Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners,Director Deputy and Staff: My name is Conrad Mathews and 1 am testifying in opposition to the requested Special Management area use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot1 1 -A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.The property is within a county natural land use designation,open zoning and a Scenic/Ecologic Resources special treatment district area.The lot also adjoins vital sea bird nesting areas for albatross,shearwaler,petrel,koa'e and more. We support the applicant's right to build on the site.However,the proposed house is much too large and improperly situated for the ecological sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Mahalo! Conrad Mathews 43 ^.^.t\.w SEP 1 4 2021 (^ Kristen Romuar-Cabico From: Sent: To: Subject: Shastin Grace <shastingrace@gmail.com> Sunday,September 12,2021 8:41 PM Planning Department Nihoku Crater Hill Project Testimony CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice Chair Cox,Kauai Planning Commissioners,Director,Deputy Director and Staff, My name is Shastin Grace Snyder.1 wish to testify in opposition to the requested Special Management Area Use Permit, Use Permit and Class IV Zoning Permit for Seacliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect the scenic and ecological resources of unique value to the community and most importantly to the Nene and other endangered birds who have used this area as a nesting ground and home for many,many years.1 understand the applicant's right to build on the site,however,the proposed house and accompanying development are much too large and unconsciously situated for the ecological and aesthetic sensitivityofthis site.1 am alsoconcerned aboutthecommunitylosingthe permission towalk upcraterhill toenjoythe beautiful view and natural environment.1 humbly ask the planning commission to deny the requested permits.1 humbly ask the applicants to please re-consider the ecological sensitivity of this unique and special place and to create a plan that works in greater harmony with the surrounding natural environment.We all love this place and want it to be preserved for the generations to come.The power is in your hands. Mahalo Nui Loa, With much Aloha, Shastin Grace Snyder "How do 1 know about the world?By what is within me."~Lau Tzu 41 •p-.^.^.^ SEP 1 4 2021' Kristen Romuar-Cabico From: Sent: To: Subject: Olena Molina <olena.molina@gmail.com> Sunday,September 12,2021 8:46 PM Planning Department Written Testimony opposing agenda item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Kelsey Olena Molina.Nihoku (Crater Hill)is important to my family and me because we have lived in Kilauea for generations.My grandparents worked for the Kilauea Sugar Plantation and are now laid to rest at the base of Nihoku.My family has been actively caring for the place with Na Kia'i Nihoku through community workdays and we have all come to learn of the geologic,ecologic,cultural,and community significance of Nihoku.1 was only a child when this area of Kilauea was gated off to the community to be more commonly known as Sea Cliff.This has severed the connection between the community and place.It saddens me that many who have sent testimony or are speaking today,could notspeaksoonerand advocate for Nihoku to oppose all developmentofthatspecial place.1 am very concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience ofthis vital place for future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.As stated in section 12.12.b.of their permit request,it states "the project will not detrimentally effect any wildlife of endangered animal species that may be located at this site".Section 12.12.i.states "the project will not adversely affect...wildlife habitats or potential or existing agricultural uses of land".Over the years of doing restoration work there,we have seen nene return.I'd like to know how their proposed home and the amount of excavation required,would not affect this wildlife and sensitive site.1 am asking the planning commission to please deny permits to build the proposed house.1 urge you,please do not support development on land that is located within a county natural land use designation,open zoning,and a scenic/ecologic resources special treatment district area. Mahalo for your time and allthat you do for our island of Kaua'i.With much aloha,Kelsey Olena Molina Sunday,September 12,2021 8:48 PM Planning Department Nihoku Crater Testimony CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless It is something you were expecting. Aloha Planning Commission ChairApisa.Vice-ChairCox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: My name is Elijah Frank.1 am testifying in opposition to the requested Special Management area Use Permit, Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Sincerely, Elijah Frank 808 391-1407 39 ^^.<5i.^^. SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: bob-marion@hawaiiantel.net Sunday,September 12,2021 8:51 PM Planning Department Nihoku (CraterHill)building application CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: We are Robert and Marion McHenry. Nihoku (Crater Hill)is important to our family because we lived in Kilauea for many years and raised 3 sons there.We also worked for the state and as emergency hires each year for the original Save Our Shearwaters program for 17 years.Newell Shearwaters are an endangered species that was plentiful on Kauai even as recently as 50 years ago.The Kilauea Point Refuge is an important key to help save this species along a with a few others such as the Hawaiian Petrel.We are concerned that the proposed house would impact seabirds who call the area home.As,you may know,these nocturnal birds are attracted by lights that cause them to lose their way as they fly out to sea to forage each night.Light distraction often causes injury and death to these birds.Any lights on a house this high up on the hillside would most certainly cause disruption in their nightly travels.We have so few of these precious species left.We have also seen many nesting pairs of Nene on these parcels.It is imperative that as individuals plan for development so close to the refuge and other sensitive natural areas across our island,we take steps to prevent further decimation of our endangered bird species and do everything possible to protect our priceless natural treasures. We cannot overstate how upsetting the possibility of a bullding and estate this large being built at Nihoku is to our entire family.We feel that it would forever ruin the experience of this vital place for future generations.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.We are asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i. With much aloha, Robert and Marion McHenry 38 f.^.<p.<n SEP 1 4 2025 (g) Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Kaninau Villanueva <kaninausv@gmail.com> Sunday,September 12,2021 9:12 PM Planning Department NihokufCrater Hill) Testimony-Nihoku2021.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha nui e Planning department, My name is Shyla Kaninauali'i Villanueva,1 am here to request to present my testimony on Tuesday September 14th via Microsoft Teams during the public hearing of proposed house on Nihoku (Crater hill). 1 have also attached my written testimony.Please let me know if this is an acceptable format to submit my testimony. Mahalo nui a malama pono, Shyla (Kaninau)V. ^.9..4.^y-^ SEP 1 4 202V Sunday,September 12,2021 Aloha Nui e Pianning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Shyla Kaninauali'i Villanueva,1 am born and raised from KTlauea,and 1 am testifying in opposition to the requested special management area use permit,use permit and class IV zoning permit for sea cliff plantation Lot11-A. The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public. Nihoku(Crater Hill)is far beyond unique and very important to the KTlauea community. With it's rich cultural significance that has inspired mo'olelo(stories),mele(songs), hula(dance),and oli(chants)and still stands as a cultural and ecological resource for both humans and seabirds.Nihoku holds and inspires kanaka 'oiwi history and traditional practices many that are still practiced today,and 1 firmly believe it should remain as a landscape for our sea birds &for cultural &environmental restoration. I remember when 1 was in 4th grade,we had a field trip up to Nihoku with Fish and Wildlife.We learned about Nihoku,how it was formed,the mo'olelo of Pele,the seabirds that nest there,and the native plants that used to grow there.We planted native plants in an area adjacent to Lot 11-A to provide a comfortable home for our seabirds to nest;The Hala trees 1 planted stand tall there today. It was at Nihoku where 1 had my first collective malama 'aina experience in my home ahupua'a;It was truly special.This is a story 1 tell a lot because it changed the trajectory of my life and 1 know that it is really important for the younger generations of KTIauea to have these kinds of experiences in their ahupua'a. Now,as an educator at Kahili beach preserve,1 wonder what kind of an experience would that be for children to learn about,and participate in,environmental restoration work at Nihoku near a mansion with a pool that dominates the landscape after they learn the history and sacredness of the place? The excavation and ground disturbance of this site that would compromise the structural integrety of Nihoku is of great concern.Lot 11-A is on a steep hillside and the proposed house to be built is quite high on the crater.Please consider the different geology on Nihoku and that developing a 30,000 square foot area has a higher probability of accelerating erosion in surrounding areas,this may include loss of habitat for native plants and sea birds. Again,Nihoku is maintained as an active cultural and ecological resource.The overall interpretation of this ecology and culturally significant space is a priority within our community.The efforts to develop a house structure this large will compromise this Sunday,September 12,2021 interpretation,thus compromising the integrityof Nihoku.Ground disturbance in this area and alterations of the landscape are inevitable and irreversible impacts that occur due to construction. As a place of important value to the native Hawaiian people,the association of this space with cultural practices,traditional beliefs,timeless ecological resources,and the overall nature of this landscape as a part of our identity as Hawaiians,and the identity of KTlauea,the requested permits should not be approved.The planning commission has a responsibility to the community and to the protection of cultural landscapes of our 'aina. Mahalo for your time and consideration. Malama, Shyla Kaninauali'i Villanueva Kristen Romuar-Cabico From: Sent: To: Subject: Kelvin Ho <kelkauai@gmail.com> Sunday,September 12,2021 9:16 PM Planning Department request to testify CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission 1 would like to submit my request to testify in person on Tuesday for- Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A). My name is Kelvin Ho 808482-1682 kelkauai@amail.com Deeply appreciated, mahalo Kelvin 37 ^^.<\.<n SEP1 4 Kristen Romuar-Cabico From: Sent: To: Subject: Ned Dana <nedtdana@gmail.com> Sunday,September 12,2021 9:30 PM Planning Department New development on Nihoku (Crater Hill) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha PlanningCommission ChairApisa.Vice-ChairCox,Honorable Kaua'i PlanningCommissioners,Director, Deputy Director and Staff: My name is Ned Dana.1 am testifying in opposition to the requested Special Management area Use Permit, Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A. The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.1 support the applicant's right to build on the site. However,the proposed house and accompanying development are much too large and improperly situated forthe ecological and aestheticsensitivityofthe site.In orderto protectagainstirreversible negative impacts, ask the planning commissioners to deny the requested permits.Thank you for your time and attention Sincerely, Ned Dana 34 p ^.^100. ISEP14 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Jason Molina <jasonmolina1214@gmail.com> Sunday,September 12,2021 10:16 PM Planning Department Opposition of special management area use permit CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is Jason Molina 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site. However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention.Sincerely Jason Molina ^.^.101 l'St'P^^ (^ 33 Kristen Romuar-Cabico From: Sent: To: Subject: Ann <annmm@juno.com> Sunday,September 12,2021 10:24 PM Planning Department No to oversized home CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Please do not approve the special use permit for the enormously oversized house being proposed near the birds!No one needsa housethat big!!!! Sentfrom my iPhone 31 ^Q.^IW* SEP1 4 2021 @ Kristen Romuar-Cabico From: Sent: To: Subject: kyle@nathanwoodgc.com Sunday,September 12,2021 10:37 PM Planning Department Testimony for Development on Nihoku slope CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, 1 am writing in regards to the new estate residence which Mr.and Mrs.Green desire to build upon our sacred Nihoku hillside.1 want to keep this succinct and to the point:1 believe that the project sight line limits do not consider all points of view,and for those of us who are out on the water,the planned 12,000 sf development will only add to the eyesores that we see every time we're out on the water around Kauapea ("Secret Beach").Given that Mr.and Mrs.Green have bought two adjacent lots,1 kindly ask that they reduce the size of their development and lower the elevation at which they will build e.g.don't build with your back right up against the very limit.1 am aware that the owners also own the adjacent lot and ask that they build on that property instead. If Mr.and Mrs.Green truly want the respect ofthe real local people,they will listen to the community they claim they are or want to be apart of.Should they listen to what the maka'ainana of Kilauea are asking of them,1 know our Kilauea Communitywould beverygraciousand respectful ofthat. As a part Native Hawaiian and also a descendant of Kilauea Plantation immigrants,it grieves me to see the many elite communities (i.e.Ag Estates)that has been developed in the place where my kupuna poured their sweat and sometimes blood into the land.Not only do we Kilauea natives have to witness the complete lack of affordable lots/properties - many of us don't dare to dream because it's so out of reach -but we have to fight to keep sacred places sacred,to reign in the wealthy elite who believe that money can buy anything:and that is what we are doing by voicing our opinions here. 1 hope an agreement can be reached with understanding,compassion,and respect for the history of Kilauea and the current socioeconomic undertones we live in. Mahalo, Kyle L.Ka'eleleokalani Peru Design Engineer Ph:(808)821-9564 Web:www.nalhanwoodac.com Contractor's License #:BC-31122 30 f.^•6y-,'^\^w w Kristen Romuar-Cabico From: Sent: To: Subject: Michelle A.<macob@hawaii.edu> Sunday,September 12,2021 11:31 PM Planning Department Testimony:Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Michelle Acob-Apana,I am the daughter of Pedro Acob,a Sakada who arrived in Kilauea in 1932;he was 22 years old.My father worked for nearly 40 years for Kilauea Plantation until it's closing in the 1970s.He remained vested in Kilauea,bought a home,and raised his ohana.He fished,he gathered,he farmed;he knew Kilauea like the back of his hand.He passed away in 2004 at the age of 94 years of age.He was laid to rest in Kilauea,his home,where he belongs,on Nihoku. When we lost our mother to cancer about a year ago,we laid her to rest right alongside him. We visrt our parents often,my siblings,their grandchildren.Our visits on Nihoku with our parents are special.The beautiful views and the quiet peacefulness there helps with our grieving. The proposed house is indeed outstanding and am certain will also offer a beautiful view for those who reside in it,however,it doesn't "belong."We humbly request the planning commission to please deny the permits to build the proposed house.We ask that you be mindful of our Kilauea ohana,we who reside and are rooted here,and those here who are at rest. Thank you for all you do for our island of Kauai. Mahalo, Michelle Acob-Apana Acob Family,Kilauea 29 -R^.^.104r SEP 1 4 2021@ Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Erin Pickett <erin.p.pickett@gmail.com> Monday,September 13,2021 12:26 AM Planning Department Testimony re:agenda item 2a Kauai Planning Comission Nihoku.docx CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, 1 have copied my written testimony re:agenda item 2a for tomorrow's meeting below (also attached). Thank you,Erin Pickett Testimonyregardingagendaitem:2.NewAgency Hearinga.5PECIALMANAGEMENTAREA USE PERMIT(SMA(U)-2022-1),CLASS IVZONING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1)forthe construction ofa farm dwelling unit,guesthouse,garage and associated site improvementswithin Lot 11-AoftheSeacliffPlantation Subdivision in Kilauea,involving a parcel situsted approximately 1,000 feet west of the Pali Moana Place/Makana'ano Place intersection,further identified as Tax Map Key:(4)5-2-004:084 (Unit 1)affecting a portion of a targer parcel approximately 12.305 acres in size =Phillip J.&Linda M,Green. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua i Planning Commissioners,Director,Deputy Directorand Staff: My name is Erin Pickett.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.Having grown up in Kilauea near Nihoku (Crater Hill)1 can attest to the value of Nihoku as a kilo or observation point and as a marine conservation biologist,1 have concerns that the proposed house may have negative impacts on surrounding seabird habitat and nesting areas. My main concern is the proximity and elevation of such a large dwelling and source of artificial light to vitally important seabird nesting area within Kilauea Point National Wildlife Refuge,especially the recently established Nihoku Ecosystem Restoration Site.We have begun to see 'a'o (Newell's shearwater)prospecting and 'ua 'u (Hawaiian petrel)nesting within the restoration site after multiple years of translocating chicks to the area.This translocation effort was undertaken in order to establish new,safe colonies of these threatened native birds within a predator-proof fenced area.The applicant's proposed home and associated developed area would be located very close to the restoration site. 1 support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological sensitivity of the site.1 support mitigating the impacts of the home including decreasing the size of the house (and associated light pollution)and moving the house to the lower 4.3- acre CPR unit (further from the refuge,possibly lower on the hill would be better as far as decreasing light visible to nearby transiting and possibly fledging petrels and shearwaters). In order to protect against irreversible negative impacts to Nihoku as a kilo area and as a seabird sanctuary,1 ask the planning commissioners to deny the requested permits. Thank you so much for all you do for our island of Kaua'i. With much aloha,Erin Pickett 26 F:^.^.109. SEP 1 4 2021 (ft) Kristen Romuar-Cabico From: Sent: To: Subject: Shelley Muneoka <shelley@kahea.org> Monday,September 13,2021 12:33 AM Planning Department STRONG OPPOSITION to Agenda Item 2 -Nihoku development CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Oeputy Directorand Staff: My name is Shelley Muneoka.1 am testifying in strong opposition to the requested Special Management area Use Permit,Use Permit &Class IVZoning PermitforSea Cliff Plantation Lot 11-A.In 2016,1had the privilegeofvisitingthe bird sanctuary at Nihoku and to visit birds like the beautiful juvenile koa'e in the picture here.Retaining the wild quality of areas like this are critical as the impacts of climate change are increasingly felt in sensitive habitats like the Northwestern Hawaiian Islands.As far as the so-called "main"Hawaiian islands,this site is one of the closest we have to the kupuna islands in the Northwest and it would be foolish to compromise its ecological integrity.It is difficult for me to imagine such a large development so near to the sanctuary.The noise and light impacts during construction as well as the resulting residential use make the proposal inappropriate for this sensitive <t* area. The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.The significance of this area to the broader community and kanaka maoli specifically,should not be pushed aside for the development of a private home.The proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.1 am worried about the erosion impacts of such a large excavation. In orderto protect against irreversible negative impacts,I askthe planningcommissionersto denythe requested permits.Thank you foryourtime and attention. Withaloha, Shelley Muneoka 25 f-^^.IOfc. SEP 1 4 ZU21. Kristen Romuar-Cabico From: Sent: To: Subject: Lauralee Yadao <makaladesigns@gmail.com> Monday,September 13,2021 4:08 AM Planning Department Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners, Director,Deputy Director and Staff: My name is Lauralee Yadao.Being a proud Kilauea Community member for nearly 40 years,1 strongly believe that Nihoku (Crater Hill)is important to my family and 1 because not only does it protect our birds in sanctuary but mainly because Kilauea is where I've been born,raised and called my home.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it will forever ruin the experience of this vital place for future generations of Kilauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i.With much Aloha Lauralee Yadao. 24 4^^^.^cr7. S£?\^m^@ Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Lorilani Keohokalole <lorilani@panna.org> Monday,September 13,2021 5:15 AM Planning Department jkapule4444@gmail.com OPPOSE New Home on Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission ChairApisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: My name is Lorilani Keohokalole.My husband and children were born and raised in the moku ofthis project and 1 am here to represent our'Ohana.We have enjoyed manyyears ofwalkingthisWahi pana and sharing this amazing sacred space with our children as theywere growing up.We loved sharingwith them,the relatin; place names;other islands with familiar names;origin stories;plant and wildlife observations.We would love, to take our mo'opuna here one day to do the same. 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning PermitforSea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public. We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,I ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Aloha, Lorilani Keohokalole,(pronouns:she/her) J.KapuleTorioJr. Kawaiolaakapulelani K.Torio Pilipa'akapoli K.Torio Laua'ekamawaelualani K.Torio Phone:(808)639-0491 23 ^^.^.10^. SEP 1 4 202V ^ Kristen Romuar-Cabico From: Sent: To: Subject: philipki@hawaii.edu Monday,September 13,2021 5:20 AM Planning Department Nihoku (Crater Hill)Testimony CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it Is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, My name is Philip Kitamura.1 am testifying in opposition to the requested special management use permit:use permit & class IV zoning permit for Sea Cliff Plantation lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect the sensitive ecological resources ofthis unique parcel. Personally 1 have done restoration work in the KTIauea point National Wildlife Refuge and worked with other seabirds to understand that the proposed area is too close to the nesting seabirds and light spillover will be a major disruption for fledging seabirds.This will also have impacts on the modern cultural practices oftatau,the traditional Hawaiian art of tattooing using the bones of the seabirds 1 the place of needles.This area is one of the few accessible locations where seabird bones are collected and processed through the USFWS regulations to be circulated into cultural use. Furthermore,the excavation of the hill is extremely insensitive to the scenic view and the surrounding ecosystem. Erosion and run off are large concerns for the exposed land with vegetation restoration being an extremely difficult task for stabilization after the disturbance of excavation.For these reasons,1 believe that the current request honors the protective land use zonings that were intentionally put in on this land.1 ask that the guest house be move down the hill further away from the seabirds and sensitive geology,and that the building footprint should be minimized to be more compassionate toward the surrounding community and neighbors.Thank you for taking the time to read this. E malama pono, Philip Kitamura Graduate Assistant,Hawaii Wildlife EcoloBV Lab Dept.of Natural Resources and Environmental Management UniversityofHawai'iManoa |Sherman 101 | 22 f.^..^.^. SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Sarah Dooley <thedooleys3@gmail.com> Monday,September 13,2021 5:29 AM Planning Department Crater Hill CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Sarah Dooley_.Nihoku (Crater Hill)is important to my family and 1 because we are avid bird lover's especially those endemic and endangered.We must stand for what is right.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of Kllauea and Kaua'i young people.The house is much too large and located fartoo high upthe mountain,in a sensitive areathatshould not be builtuponatall.1 am askingthe planning commission to please deny permits to build the proposed house.Thank you so much for all you do for our island of Kaua'i. With much aloha, Sarah Dooley f:.^.4-uol SEP 14 202^g> 21 Kristen Romuar-Cabico From: Sent: To: Subject: jesseogkauai@gmail.com Monday,September 13,2021 6:12 AM Planning Department Please stop the building at crater hill CAUTION:This email originated from outside the County of Kauai.Do not cllck links or open attachments even ifthe sender is known to you unless it is something you were expecting. Sent from App for Gmail 19 ^^.a.n (. SEP \4 2021 ^ Kristen Romuar-Cabico From: Sent: To: Subject: Emma <chidgeye@yahoo.conn> Monday,September 13,2021 6:17 AM Planning Department In opposition of new building on Crater Hill CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha!!1 am sendingthis in opposition ofthe planned buildingon Crater Hill in Kilauea.1 am a born and raised Kilauea resident that does notwantto seethis house built in such a special place!!!Please considerthe damagethiswould doto an alreadyfragile ecosystem andthewildlifethatwill be impacted!!Thankyouforyourtime. Emma Chidgey,kauai/Kilauea born and raised. 14 f.4-.<»-"^ SEP 1 4 2021 ^WW To:planningdepartment@kauai.gov > Sea cliff/crater hill special use Permit -—„„.,,,„..,— Aloha Planning Commissioner Chair Apisa, Vice-Chair Cox and Honorable planning commissioners and staff.^SSSH-^^ ^|1 -;^F ^:''../-^<.f.',•.'•-,'-I ••^.-••,,»^ I am writing to voice my opposition in regards to the special Management area use permits for lot 11-A at Sea Cliff Plantation. Myself and my family regularly enjoy walking and biking on crater hill and have for many years,it is an important part of Kilauea town and the residents that call it home. 15 The site,being so high on the hill will visually Jmpact the areain a very negatjve way,there is no need for anyone to have a home of 12,000 square feet in Kifauea,let atone one so high and so visible on a natural volcanic bluff.-- ^- -;-•;'^••••y.' .^,^..l'«d .t..i;-'-.....J'^;k;.,...lt."^.^••^y-'^.'..•'",'T",r ...':?.'t*..",-^".'•''l''."'/ The existing houses in the subdivision are alt more tastefully located and much less exposed, being so close to the historical Kilauea lighthouse and wildlife preserve a development of this nature would truly be in poor tasfe^nd forever ruin the natural beauty of Kilauea point and crater hill. I please ask you to consider this and all other testimonies in opposition to this application and honor the residents reauest for this olan to be 17 Kristen Romuar-Cabico From: Sent: To: Subject: Lilia Merrin <lmerrin@hawaii.edu> Monday,September 13,2021 7:14 AM Planning Department Testimony-Item 2a:Special Management area Use Permit,Use Permit &Class IVZoning Permit for Sea Cliff Plantation Subdivision Lot 11-A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is Lilia Merrin.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Me ke aloha pumehana, Lilia Merrin ^.^.^.IW 13 SEP 1 4 2021 <g> Kristen Romuar-Cabico From: Sent: To: Subject: Julie Schuller <julie.schuller@msn.com> Monday,September 13,2021 7:20 AM Planning Department Proposed Special Use Permit CAUTION:This email originated from outside the County of Kaual.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is Julie Schuller.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot11 -A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts, I ask the planning commissioners to deny the requested permits. Thank you for your time and attention. Sincerely, Julie Schuller Kauai North Shore resident 11 F^.^.ii^. SEP 1 4 ZU21. Kristen Romuar-Cabico From: Sent: To: Subject: Jessica Spichalova <kauaijessica@gmail.com> Monday,September 13,2021 7:20 AM Planning Department Input to planning connmission from Kaua'i resident for Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Jessica Spichalova and 1 live in Kilauea.1 have never written to government agencies to express my thoughts on policies or permits here on Kaua'i before,but in the instance ofthe proposed permit for a 12,000 square foot home at Nihoku (Crater Hill),1 feel obligated to respectfully request you carefully consider the gravity of this permit decision. Nihoku is a very special and sacred place to me and our island.1 have been connecting to the land and animals there for over 23 years and it has been a source of respite,prayer and connection to the 'aina for me.1 know this place is dear to so many in our Kilauea community,as well residents across the island.It also has a deep cultural and spiritual significance to Kaua'i's native people.Though thegatesofSeacliffcommunitywere put up manyyears ago,1 have appreciated the respectful development there and the open gate to all who want to visit during daylight hours.1 walk there nearly every day. 1am concerned that the proposed 12,000 square foot house would impact seabirds who call the area home.1 also feel that itwouldforeverruin the experience ofthisvital placeforfuturegenerations.The house is much too largeand located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. 1 appreciate your consideration of my heartfelt input and appreciate the work you do for our island.Mahalo for thoughtfully serving our present residents as well as the generations to come. With much aloha, Jessica Spichalova 10 f.^<t.KS.^ SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: America,1st Officer/Navigation <Nav15@NCL.com> Monday,September 13,2021 7:22 AM Planning Department Crater Hill proposed 12,000 square foot development CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even If the sender is known to you unless it is something you were expecting. To whomever is reviewing this proposed project, My name is Brandon Bamett and I am a concemed,tax paying,law abiding citizen of Kauai.I was bom and raised in Kilauea.I have accomplished many things in my life and am currently the First Officer of navigation on the Norwegian Cruise Lines Pride of America.I have worked hard for many years throughout my life to stand up for what I believe in.As a local boy to Kauai growing up we offered information to people about the way we do things on the islands instead oftaking matters into our own hands. This is in fact exactly what we need from our planning department.We need you to draw a line somewhere and prevent this proposed 12,000 square foot home from being developed on our precious crater hill in Kilauea. When I was a child my father used to take us up there and tell us stories about the islands.It has since been blocked for public access due to accommodating the "elite"who reside there.Our islands are simply being rapped of every last resource and sacred place to local people.This proposed project not only proposes risks to our native bird sanctuary but is a direct slap in the face to all that love our beautiful town of Kilauea,and Kauai. We need to stick up for ourselves as Kauaians and Hawaiians and let these millionaires/billionaires know that just because you have an idea and the money,that you still need to go through our planning department and get it approved.I expect that there are people in your department who are not simplejust going to let every billionaire with an idea rape and tear and shred are island to pieces.Please deny the request for this development to break ground and set a standard for the future of our island.Let them know that enough is enough and to have some respect for this place and its people.If you allow this project to happen,you are directly a part of the problem.You need to send a message that you are in fact in control and not the money. The time to push send is now.If you do not stop this project from being developed on created hill,in Kilauea,you will be sending the wrong message. PIease do the right thing.WTien is enough enough.Set a standard,prevent this project from breaking ground, forbid billionaire from developing whatever they thing they can,maintain control of our island,and please,do yourjob. Mahalo, Brandon Bamett Respectfully, Brandon Barnett |1st Officer Navigation Pride ofAmerica Ext.S9803 /Cellff 808-990-9914 navl5@nct.com f:^«•"*», SEP 1 4 2021 NORWEGIAN Cft'JISE LtWE 7665 Corporate Center Drive |Miami FL 33126 Kristen Romuar-Cabico From: Sent: To: Subject: Saul Rosa <saulrosa.mail@gmail.com> Monday,September 13,2021 7:27 AM Planning Department Aole Nihoku development CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Good Morning, To whom this may concern/below is my testimony. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honoral Myname Is Nihoku (Crater Hill)is important to my fa concerned that the proposed house would impact seabirds who call i forever ruin the experlence of this vital place for future generations < house is much too large and located far too high up the mountain,in upon at all.1 am asking the planning commission to please deny pen Thank you so much for all you do for our island of Kaua'i.With much R/S SaulK.Rosa 808-278-7508 F.^.a.^ SEP \4 202^(B> Kristen Romuar-Cabico From: Sent: To: Subject: Susan Stayton <susan.stayton@gmail.com> Monday,September 13,2021 7:27 AM Planning Department Testimony in opposition to the requested Speciaf Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A. CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: My name is Susan Stayton,1 am testifying in opposition to the requested Special Management area Use Permit, Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying developmentare muchtoo largeand improperlysituated forthe ecological and aestheticsensitivityofthe site.In orderto protect against irreversible negative impacts,1 askthe planning commissionersto denythe requested permits.Thank you for your time and attention. 1 live in Lawai,and stand with Community members who are asking for a respectful and sensitive approach to development in this area.Decreasing the size ofthe proposed house and moving it substantially lower would reduce impact on the current landscape. Mahalo,Susan (f#######f(#######<f#########ff#####(ff(#########ff####ff##((ff##########ff##ff######### Susan Stayton PO Box 1113 Lawai,Hl 96765 808-651-9070 ^^.^.n^ SEP \4 2021 • Kristen Romuar-Cabico From: Sent: To: Subject: Deanna Kanehe <dkanehe@yahoo.com> Monday,September 13,2021 7:31 AM Planning Department Nihoku/Crater Hill home construction CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha PlanningComissioners: My name is Deanna Kanehe and 1 would like to add my testimony to the proposed home construction on Nihoku/Crater Hill.1 am a Kilauea resident of 24 years.I feel that the size of the home is too large and too high up on the hill for this sensitive natural area and scenic space.1ask that you require the home to be smaller and further down the mountain,as well as limit the excavation into the hillside to lessen the disturbance ofthe land. Thankyou for your consideration, Deanna Kanehe 4531Wailapa rd Kilauea,Hl 96754 808-652-7287 Sent from Yahoo MaiLfor iPhone r?.^.^.w- SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Marina Drummer <marinadrummer@icloud.com> Monday,September 13,2021 7:32 AM Planning Department Crater Hill building permit CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox and Honorable Kaua'i Planning Commissioners: My name is Marina Drummer,a long time resident of Kilauea.We moved to Kilauea because it is a close knit community of local families and because it is surrounded by beautiful and environmentally sensitive areas,Crater Hill being central, not because it was a refuge for the very rich to fulfill the fantasies of all they can build with their money.1am concerned that this development will not only impact the seabirds and change the general atmosphere of the community for generations to come.It is hard to imagine that two people really need 6,000 square feet each to enjoy the lot that they now own.it is our understanding that this area was designated as protected when Seacliff was first being developed. We feel strongly that because the property is within the county natural land use designation and ST-R area that the Commission can protect this site for the sake of the community,the environment and the future of the island of Kaua'i. Thank you so much for all your efforts. Marina Drummer 4328KilaueaRd. Kilauea,Hi -p;/?..a.»^> 'SEPU ?02f Kristen Romuar-Cabico From: Sent: To: Subject: Julie De Mond Monday,September 13,2021 7:33 AM Planning Department Crater Hill CUoha,, 1 am asking Planning Commision to please deny permits to build the proposed house.This house is much too big and 1 am concerened about the environment for our sacred birds and other hawaiian native animals that lives in Crater Hill. This is very upsetting to me and my Ohana.My childhood memroies will forever be cherished from endless picnics with my family while watching the sun goes down,riding our bikes around crater hill...and especially remembering the hill had so much BATS and now we will never get to enjoy those memories with my children. Please help preserve the Crater Hill not just for the people of Kauai but for our Native Hawaiian animals and plants that live and grows on this Hill. Thank you so much for all you do for our island of Kauai,and 1 am sure you will make the right decision. MaAalo.JVui Seu, Me ^p ^.4».(>t. S£P 1 4 202 Kristen Romuar-Cabico From: Sent: To: Subject: Adam Lang <spindleart@gmail.com> Monday,September 13,2021 7:36 AM Planning Department Proposed Sea Cliff Residence CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: My name is Adam Lang and 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Sincerely, Adam Lang <?'?-^^^ SEP 1 4 2021 The site,being so high on the hill will visually impact the area in a very negative way,there is no need for anyone to have a home of 12,000 square feet in Kilauea,let alone one so high and so visibfe on a natural volcanic bluff. The existing houses in the subdivision are all more tastefully located and much less exposed, being so close to the historical Kilauea lighthouse and wildlife preserve a development of this nature would truly be in poor taste and forever ruin the natural beauty of Kilauea point and crater hill., 1 please ask you to consider this and all other ^ testimonies in opposition to this application and honor the residents request for this plan to be abandoned in favor of nature and the preservation of this truly unique part of Kauai. Aloha Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: L Kehaulani Kekua <kehaulani.kekua@gmail.com> Monday,September 13,2021 1:40 AM Planning Department REVISED Testimony_Special Management Use Permit,Zoning &Use Permits 2022-1 Revised Testimony_NIHOKU_Planning Commission_9.12.2021_L Kehaulani Kekua.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha, Please DISREGARD my last email sent just moments ago.1 am resubmitting my revised,written testimony in opposition to the application for Special Management Use Permit (SMU(U)-2022-1),Class IV Zoning Permit (Z-4-2022-1)and Use Permit (U-2022-1)on the agenda forTuesday,September 14,2021. Mahalo for your assistance. Sincerely, L Kehaulani Kekua Kumu Hula Halau Palaihiwa O Kaipuwai f:^^l^- SEP 1 4 2021 ^ Halau Palaihiwa O Kaipuwai »<f8S8(?t(Sttt»SStttSM«ti!.8<ii{li!t SMi;i(«Mi(t<j(MMiM{i?S«M?S?i«M A traditional hula school perpetuating Hawaiian chant and dance as a specialized discipline &art form of cultural excellence Studio HA'A 4558 Kukui Street Kapa'a,Kaua'i Island,Hawai'i 96746 t:808.720-8494 e:StudioHAA.kauai@gmaii.com www.studioHAA.com September13,2021 Kaua'i Planning Commission 4444 Rice Street Suite A473 LThu'e,Hl 96766 send via email to:planningdepartment@kauai.gov Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Kehaulani Kekua and I am the kumu hula of Halau Palaihiwa O Kaipuwai,a traditional hula school that was founded here on Kaua'i in 1945 by my grandmother,the late master kumu hula,Helen Kaipuwai Kekua Waiau.1 am writing you in response to the Special Management Permit (SMU(U)-2022-1),Class IV Zoning permit (Z-4-2022-1)and Use Permit (U- 2022-1)application which plans to construct a sprawling dwelling unit,guest house,garage and various improvements on Lot 11-A ofthe Seacliff Plantation Subdivision. Located in the ahupua'a of Kflauea,the location and project area ofthis proposed home construction is of great concern to me. While it is commonly known and referred to as,"Crater Hill",its proper name is,NIHOKU.It is an incredibly significant wahi pana or storied,celebrated and cherished ancestral place. Hawaiian oral traditions in the way of mo'olelo (storied accounts),as well as,mele (chants)and hula (dances)from our halau's repertoire ofteachings and practices continue to help us understand,extol and venerate the entirety of Nihoku and the associated wahi pana including, Moku'ae'ae,Lae O Kilauea (KIIauea Point),that extend all the way to Kahili Bay and Beach. However,it is the hill and summit of Nihoku that is of sacred magnitude that is at the center of this application before you.In this area,it is the primary setting that is prevalent in the creation stories,genealogy and migrations ofthe Pele clan;deities offire,volcanoes and the elements of the environment including,the atmosphere,ocean and land itself.The three akua kaikua'ana or female deities and relatives of the Pele family permanently reside in the form of mammoth rock formations on the northwest rim of Kilauea Crater at Nihoku.They funcdon as sentinel ki'ai that guard and protect this place.They also aid us in tracking time observations,following the movement of the sun and the cosmic bodies that traverse the heavens throughout the seasons. A crucial part of Nihoku's environment that is of grave concem to rne,are the myriad native Hawaiian seabirds who breed,nest and reside there.From a Hawaiian perspective,they are integral to the continuum of life cycles that have existed at Nihoku since time immemorial.Many species have come dangerously close to anticipated extinction.Nihoku has proven to be a safe haven for healthy recovery and reproduction of not only birds,but of native plant species as well.It is a sacred place ofworship and traditional cultural practitioners as well. Mitigation measures and conservation efforts by multiple community organizations have worked tirelessly in cooperation with the National Fish and Wildlife Sen/ice to ensure the safety and protection of our precious native Hawaiian seabird species and communities. Kaua'i Planning Commission Nihoku -Letter of Testimony Page 2,September 12,2021 Teaching and perpetuating knowledge of places such as Nihoku to my humana (students),as well as,other learners outside of our immediate halau is very important to me.For many years now,our halau has worked closely with the KTIauea Point NFWS to gain access to Nihoku annually for Hawaiian religious and ceremonial practices during the equinoxes and solstices. We have also led public gatherings to celebrate the opening ofthe Makahiki Season with blessing ceremonies to welcome back the annual return of the molT or Laysan Albatross.As sacred manifestations ofthe akua nui or major deity,Lono,they arrive from their months-long airborne treks to return to land beginning in November,to court,breed,nest and hopefully,raise their chicks to successfully fledge. In 2014,I served as the Conference Director for Ka 'Aha Hula 'O Halauaola,the 4th World Conference on Hula thatwas held here on Kaua'i.Drawing morethan 1200 delegatesfrom around the world,two days of the 10-day conference was dedicated to hosting and guiding participants on huaka'i or on-site cultural leaming opportunities throughout the island. We were privileged to host two small,limited groups to Nihoku for huaka'i,expertly led and guided by KDauea historian and kupuna,Gary Smith and Dr.Mehana Blaich Vaughn.1 continue to receive occasional communication from conference attendees of their deep appreciation for the amazing learning experiences imparted to them.This included the learning and application of Hawaiian chant and protocol for Nihoku,as well as,traditional place names,history,native Hawaiian plants,bird and wildlife,and more. In my capacity as a native Hawaiian cultural practitioner and kumu hula,it is important for me to convey that the entirety of Nihoku is a WAHI KAPU.It is a sacred place that needs to be protected and preserved in perpetuity for the reasons stated above and so much more. Decades ago,when the Seacliff Plantation was being planned and developed,it was a different time when the voices ofthose standing up for its protection fell upon deafears.Ifthere was a way in which to turn back the clock,1 would've wanted to stand as a young keiki alongside the kupuna and members of the community to insist on no development upon this prominent hill of Nihoku. In reviewing the proposed plans,I was stunned and deeply troubled that the permit before you is seeking approval to construct a 12,000 square foot home that is planned for the upper most, steep lot by the land owners.This will negatively impact Nihoku and the native Hawaiian birdlife. To disregard,or uncaringly encroach upon their habitation sites will have grave potential to do irreparable harm,1 am humbly asking that the Planning Commission and applicants hear our passionate voices of concern to reconsider their plans,and join us in advocating for the protection of Nihoku as a wahi pana and wildlife sanctuary that it is.If they insist on pursuing with their development plans,we urge that their home be moved to the lower,second lot. Nihoku is a culturally important and rich environment that is so fragile.It is sacred.How we impact,engage and co-exist with this place deserves our collective respect.It is my hope that we can petition for a positive outcome where the values and integrity of this wahi pana can be maintained and supported. 'O wau iho no me ka ha'aha'a, L.Kehaulani Kekua Kumu Hula Halau Palaihiwa O Kaipuwai Kaua'i Planning Cornmission Niho.^u -Letter of Testimony Page 3,September 12,2021 Nene geese fly over huaka'i participants at Nihoku Huaka'i to Nihoku for Halaua ola 2014.4th World Conference on Hula Dr.Mehana B.Vaughn and Kilauea Historian and Kupuna,Gary Smith -Huaka'i for Halauaola 2014,4th Worid Conference on Hula Even more of a special and rare sighting!A Koa'e 'Ula and a Koa'e Kea nestingon the Nihoku hiflside.The Red and White Tail Tropicbirds can be distinguished by their red and black beaks.Koa'e are venerated as 'aumakua or spirit guardians by some Hawaiian families.They are also considered as kinolau or bird-bodied manifestations of dejties and chiefs.The Koa'e and 'lwa (Frigate Birds)were known 'aumakua of Kamehameha the Great.These species that also inhabit areas and cliffs of Nihoku and KTIauea point. A M61T or Laysan Albatross Chick on its walkabout at Nihoku,at the stage of being weeks away from fledging.Once mollfledge,they wifl rematn airbone at sea for 4 to 5 years before returning to their 'gina hanau where they were hatched.Asyoungjuvenilestheywill begin to engage in courtship behaviors and pastimes such as ritual dancing with prospective partners.However,it may be a couple of seasons before they actual find a mate and settle down to breed,nest and co-parent their single egg. Kaua'i Planning Commission Nihoku -Letter of Testimony Page4,September 12,2021 View from the hillside of NihokO overlooking Lae O KFlauea (KTIauea point)and Moku'ae'ae belo Native Hawaiian Nene geese are amongst several native Hawaiian bird species that live and nest throughout the hill of Nihoku The entirety of Hihoku facing he open ocean includes the islet of Makapili,a broken off remnant that was once an attached part of Nihoku crater.This sen/ed as a brief and temporary home for Pele,the firegoddess ofvolcanoes.Herfiery pit was doused with sea water by her rival sister,Namakaokaha'i,the deity of the ocean. Looking east from the rim of Nlhoku Hill and Crater. Makapili islet in the foreground. Kaua'i Planning Commission Nihoku -Letter of Testimony Page 4,September 12,2021 Pa'u O Hi'iaka,translated as "Skirt of Hi'iaka"is one of many native Hawaiian plant and ground cover that enhances the habitat of native Hawaiian birds and wildlife that make their home on Nihoku.It is a kinolau named for the goddess, Hi'iakaikapoliopele,the youngest and favorite sister of Pele.)t is an important plant for spiritual and cultural purposes as well. View looking out south,ma uka to the mountains of KIIauea and Namahana Peak Keiki and 'Olapa ofHalau Palaihiwa O Kaipuwai offer ho'okupu ofprotocol chants and dances in celebration ofthe Makahiki Season honoring the major Hawaiian deity,Lono.The public is invited to attend and participate in 'Aha Ho'ina 1 Ka Makahiki,a special blessing for the annual return of the molT or Laysan albatross that mate,breed and nest at KTIauea Point,Nihoku and along the bluffs of Kau3'i's northeastand northwestem bluffs.The mollisa kinolau or manifestation ofthe deity,Lono and is an integral part of Makahiki traditions and ceremonial rites. Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Meleana Estes <meleanaestes@gmail.com> Sunday,September 12,2021 11:29 PM Planning Department Please disregard earlier sent testimony..this is the one! testimony.docx CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, 1 accidentally sent my rough draft!Please consider this current testimony!Sorry for the error..it is an emotional place to write about and 1 truly want to share as best as possible. With Aloha, Meleana Estes "F.^.<^.1^4: SEP 1 4 2021 Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Meleana Estes.Nihoku (Crater Hill)is important to my family and I because 1 grew up across Kauapea Beach above Kalihiwai and my childhood memories of this place are strong.It has continued to be an important place to my family,from run/walk/bike rides with our keiki and their Puna B (Beryl Blaich)to recent treasured memories of walking with our late Papi (Gary Blaich)up the hill to look for whales and enjoy watching the soaring moli in his last months battling cancer. My best friends father was the head of Fish and Wildlife Service growing up.We were lucky to witness (and play amongst)daily work being done to protect and care for this area and its precious wildlife. Between Dan Moriarty and my own father's love and care for the are (he worked closely with Hawaiian Islands Land Trust to protect neighboring Kahilli Beach)and the wildlife it provides sanctuary for,1 knew from an early age of the special and sacred nature of Nihoku, both culturally and for the habitat that thrives in its home there. 1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 have my memories here,but even someone enjoying their first evening walk up to the look out at Crater Hill,will feel the changed landscape the proposed large house will impose.It just simply will change the feel and beauty for the community both new and old. 1 am asking the planning commission to please deny permits to build the proposed house. Mahalo for all you do for our island of Kaua'i. With much Aloha, Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Devin Forrest <dforrest@hawaii.edu> Monday,September 13,2021 7:38 AM Planning Department Testimony in opposition to Item 2a:Special Management area Use Permit,Use Permit & Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A Opposition to Item 2a-Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Devin C.K.Forrest J.D.Candidate,Class of 2022 William S.Richardson School of Law dforrest@hawaii.edu 'Aiawahie a Lapa ke Ahi "Take Your Time Toward Mastery" "F.^.<?r>5- SEP 1 4 2021 Kaua'i Planning Commission Meeting 9:00 AM Tuesday,Sept.14'h Testimony in Opposition to Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A Aloha Kaua'i Planning Commission, ChairApisa,Vice-Chair Cox,Commissioners and Staff, "I paoa 'aha kena!?""for what purpose is that digging stick!?"This uttsrance was said by one ofthree sisters,turned to stone by the goddess Pele,who still sit atop Nihoku. The sisters saw the futility of Pele digging her potential crater home so close to the sea, and its eventual inundation,and mocked her because of it. While an ancient story,we find history repeating itselftoday.We have malihini,like Pele,attempting to build a home in an area that is not suited for it.Kaua'i has seen its share of "after the fact"adverse impacts when zoning laws are amended or special use permits granted.Many times,it is because those applying for these exemptions have the financial means to overcome the safeguards that keep our natural and cultural landscapes protected.In most instances,through legal maneuvering and mitigation "checklists,"the applicants are able to get an exemption,by promising broad unspecific measures without any real sacrifice or differentiation to their plans,causing the public,and most of all the Native Hawaiian community to suffer. The applicants purchased this property with full knowledge of the special treatment district.The area is habitat for birds that are important in present and emerging cultural practices,some ofwhich cannot be performed until species are at a more stabte population.The size and scope of the construction is unreasonable,especially when there are alternatives that can protect both the natural and cultural landscape.In looking at the proposed plans and action 1 ask the same question as those sisters that call Nihoku home, what are these zoning and permitting protections for if we do not stand by them?Is it pono and in keeping with the public trust to allow a place to be irreparably changed when a more reasonable and less impactful alternative is possible? It is for these reasons that 1 oppose the Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A. Na'u no me ka mahalo nui, Devin Kamealoha Forrest Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Michelle Betz <michellebetz@yahoo.com> Monday,September 13,2021 7:23 AM Planning Department Public testimony Betz letterto Kauai Planning Commission 13 Sept2021.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Please see attached and also pasted below: 13September2021 County of Kaua'i Planning Commission Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kauai Planning Commissioners, Director,Deput Director and Staff: My name is Michelle Betz and 1 am a resident of the Big Island live on SMA property.1 am testifying in opposition to the requested Special Management Area use permit and class IV zoning permit for Sea Cliff Plantation Lot 11 -A. 1 was recently exposed to four months of a TV shoot next door.It was clear that the lights that were on 24/7 negatively impacted the shearwaters (a'o)living on the island -yet nothing was done nor is being done to protect these endangered species.It is devastating to watch big money come to our state with little regard to the fragile environment in which we live. As such,1 strongly oppose the request for the SMA permit and class IV permit for the Sea Cliff Plantation Lot.This land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public. I have no problem with the applicant's right to build but the current proposal and the accompanying development are much too large and improperly situated to the sensitive ecology.In order to protect ^.^^.1<^. SEP 1 4 ?n^ against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits. Thank you for your attention to this. Sincerely, Michelle Betz 32-1032 Hawaii Belt Road Ninole,Hl 96773 michellebetz @ vahoo.com 808 747 4909 Betz Media Consulting hl.tp ://www.michellebetz,com 13 September2021 County ofKaua'i Planning Commission Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kauai Planning Commissioners,Director,Deput Director and Staff: My name is Michelle Betz and I am a resident ofthe Big Island live on SMA property.1 am testifying in opposition to the requested Special Management Area use permit and class IV zoning permit for Sea CliffPlantation Lot 11-A. I was recently exposed to four months ofa TV shoot next door.It was clear that the lights that were on 24/7 negatively impacted the shearwaters (a'o)living on the island -yet nothing was done nor is being done to protect these endangered species.It is devastating to watch big money come to our state with little regard to the fragile environment in which we live. As such,1 strongly oppose the request for the SMA permit and class [V permit for the Sea Cliff Plantation Lot.This land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources ofunique value for the public. I have no problem with the applicant's right to build but the current proposal and the accompanying development are much too large and improperly situated to the sensitive ecology. In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits. Thank you for your attention to this. Sincerely, Michelle Betz 32-1032 HawaiiBeltRoad Ninole,HI 96773 michellebetz@,vahoo.com 808 747 4909 Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Jeremiah Ryan <jkryan808@gmail.com> Monday,September 13,2021 6:48 AM Planning Department Fwd: IMG_7372.PNG;IMG_7373.PNG CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Forwarded message From:Emma <chidgeve@vahoo.com> Date:Mon,Sep 13,2021 at 6:44 AM Subject: To:Miah Ryan <ikrvan808@email.com> My name is Jeremiah an 1 oppose of this completely.Thx for your time reading this. Sentfrom my iPhone fs.'^.^(>^ S£?1 ^202^ ^ Sea cliff/crater hill special use permlt Aloha Planning CommJssioner Chair Apisa, Vice-Chair Cox and Honorable planning commissioners and staff.'"%i 1 am writing to voice my opposition in regards to ^...r-: '-''•-/''.''-'.:.'.^-'...''.•' .^^ the special Management area use permits for •:: lot 11-A at Sea Cliff Plantation..^.:'.^^^^^^ Myself and my farnily regularly enjoy walking ^nd biking on crater hill and have for manyzz years,it is an important part of Kilauea town and the residents that call it home.-^.K^; The proposed home will not only be a blight on this beautiful natural hill but also encroach onto an already too-limited bird life and wildernesses area,possibly negatively impacting the sea birds,especially at night from light pollution. Kristen Romuar-Cabico From: Sent: To: Subject: Tannra Martin <martintamra@hotmail.com> Monday,September 13,2021 7:46 AM Planning Department Oppose Green home on Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Hi, Please do not allow the home to be built on the proposed parcel on Nihoku.Crater Hill is significant to everybody who grew up in Kilauea.1 can tell you countless stories about that area.It's also significant for our native birds and cultural events. Pleaseoppose. Thankyou, Tamra Martin Moriguchi Sent from my iPhone 13 f:-».«.1>S. SEP 1 ^2021^ Kristen Romuar-Cabico From: Sent: To: Subject: Lila Martin <lilaatethis@gmail.com> Monday,September 13,2021 7:49 AM Planning Department Testimony for Meeting on 9/14 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners, Director,Deputy Director and Staff: My name is Lila Martin DeBenedetti.1 grew up in Kilauea and my family lives on Kilauea Road.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.I support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Sincerely, Lila Martin DeBenedetti 11 f.-2-^.\^ 'SEP14 ^Tj Kristen Romuar-Cabico From: Sent: To: Subject: Meredith Cross <malibumer.nunn@gmail.com> Monday,September 13,2021 7:52 AM Planning Department OPPOSE!AGENDA ITEM:2.New Agency Hearing a.SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IVZONING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Meredith Cross.Nihoku (Crater Hill)is important to my family and 1 because we respect the wildlife and sensitive natural habitat.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that itwould forever ruin the experience ofthisvital place for futuregenerations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house.Thank you so much for all you do for our island of Kaua'i. With much aloha, Meredith Cross Kapa'a,Hl f^.a.iw^ 'SEP14 2021' Kristen Romuar-Cabico From: Sent: To: Leipuaahi Wann <leipuaahi17@gmail.com> Monday,September 13,2021 7:53 AM Planning Department CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Lei Wann.Nihoku (Crater Hill)is important to my family and 1 because it is a culturally significant wahi pana.This wahi pana is one of the most sacred places on Kaua'i.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i. With much aloha, Lei Wann Cultural Practitioner Director,Limahuli Garden and Preserve ^T.^.^.w. 'SEP14 on21 (g) Kristen Romuar-Cabico From: Sent: To: Subject: Leah Thayer <leahthayer808@gmail.com> Monday,September 13,2021 7:56 AM Planning Department Testimony on Development Near Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,hlonorable Kaua'i Planning Commissioners, Director,Deputy Director and Staff: My name is Leah Cornog.1 grew up in Kilauea,and my family lives on Kilauea Road.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.I support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Sincerely, Leah Cornog f:^.a.\^ 'SEP1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Dennis O'Shea <oshea606@gmail.com> Monday,September 13,2021 7:57 AM Planning Departinent Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha PlanningCommission ChairApisa,Vice-Chair Cox,Honorable Kaua'i PlanningCommissioners,Director,Deputy Directorand Staff: My name is Kenika O'Shea.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.The proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissionersto denythe requested permits. Thank you for your time and attention. Sincerely,Kenika O'Shea ^^^O.Wi SEP \4 2021 fA) Kristen Romuar-Cabico From: Sent: To: Subject: leahkamoi <leahkamoi@gmail.com> Monday,September 13,2021 7:59 AM Planning Department 9/14/21 2.agenda item:New Agency hearing testimony. CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning commission Chair Apisa,Vice chair Cox,and Honorable Kauai Planning commission, 'o Leah Kamoiokalani Sausen ko'u inoa,No Halele'a mai au.Thank you for taking the time to take my testimony into consideration for this matter.My name is Leah Kamoiokalani Sausen,1 am born and raised in the district of Halele'a, Kaua'i.1 attended Kilauea elementary school and was a recipient ofthe Dan Moriarty Memorial scholarship while attending college.For 38 years this has been my home,in those years 1 have looked upon NThoku for refuge,1 have unique childhood memories of how our family seeked safety to NThoku when there were tsunami warnings and remember going up there to witness a special eclipse.1 have always looked up to NThoku,from Kahili as well as my childhood home. 1 have witnessed much change here,land development with foriegn ideas.Foriegn ideas of profit and gentlemens estates.That truly only benefit a few while disrupting communities with segregation and overdevelopment.1 look at places and land in a much different light.1 cannot expect you to have the same relationship to this place as I,but1hope today you will build a better understanding of the relationship we have to this Wahi pana of NThoku.NThoku is an aina that feeds my family spiritually and mentally.1 have had the opportunity to reciprocate that relationship and malama 'aina in this my aloha expands for NThoku.In building my relationship to this place 1 have learned traditional stories of place and the unique habitat it has for native and migratory birds.1 now have children and 1 often bring them up here, we always greet NThoku &give thanks to Nihoku for the safe guarding.If this huge house development is approved it will directly impact our culture and ecosystem. The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Mahalo for all that you do for Kaua'i and the very important work. Me ka ha'aha a,Leah Kamoiokalani Sausen Sent via the Samsung Galaxy 58 Active,an AT&T 5G Evolution capable smartphone fr<>^.^t SEP14 20211 Kristen Romuar-Cabico From: Sent: To: Subject: Moana <moana.mcr@gmail.com> Monday,September 13,2021 8:00 AM Planning Department Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Moana McReynolds.Nihoku (Crater Hill)is important to my family and 1 because it is a space we frequent often for connection to nature.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i. With much aloha, Moana McReynolds 917-913-6562 ^9-.^.l^ SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Vanessa Lluellen <v.jm19@hotmail.com> Monday,September 13,2021 8:05 AM Planning Department PROTECT NIHOKU CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commision Chair Apisa,Vice-Chair Cox,and Honorable Kauai Planning Commisioners: My name is Vanessa Lluellen.Nihoku (Crater Hill)is important to my family and 1 because 1 am from Kilauea and understand the importance of Crater Hill as a nesting site for many birds year round.1 also feel that it would forever ruin the experience of this vital place for future generations of Kilauea and Kauai young people. The Seacliff area offers so many people of Kilauea and other towns on the North Shore a place to exercise, meditate and reflect,and to experience the daily sunrises and sunsets from.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all!!1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kauai. With much aloha,Vanessa ^.^.^»(,. SEP 1 4 2021: Kristen Romuar-Cabico From: Sent: To: Subject: malia locey <malialomi@yahoo.com> Monday,September 13,2021 8:07 AM Planning Department Nihoku Crayter Hill CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it Is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Malia Locey Nihoku (Crater Hill)is important to my family and 1 because we honor this place as a sacred place for our nesting birds.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i.With much aloha, Malia Locey '^•^ ^w-.' SEP 1 4 2021 ^ Kristen Romuar-Cabico From: Sent: To: Subject: Michelle Smith <msmith28@hawaii.edu> Monday,September 13,2021 8:18 AM Planning Department Nihoku (Crater Hill)testimony CAUTION:This email originated from outside the County of Kauai.Do not click links oropen attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Michelle Smith.1 am a field biologist and work in the Northwest Hawaiian islands, specifically on Kure atoll which is located at the end of the hlawaiian archipelago.Nihoku (Crater Hill)is important to the local community and 1 because 1 am concerned that the proposed house would impact seabirds who call the area home.The lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel,koa'e (tropic birds)and more.Crater Hill is a needed relocation site for future bird populations from the northwest Hawaiian islands whose habitat is shrinking due to sea level rise,hurricanes and tsunamis. 1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people.The Kflauea community has worked to protect the slopes of Nihoku from development for over forty years.The proposed house would forever impact the views and feeling of a place that area 'ohana love and enjoy together.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Mahalo nui for your time, Michelle Smith f?-?..4.|^ 12 s^4 7^ Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Brooke Friswold <brookef@hawaii.edu> Monday,September 13,2021 8:55 AM Planning Department Testimony on NihokO (Crater Hill) 48_2_245-254.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Brooke Friswold and 1 am a wildlife biologist working on the impacts of artificial lights on native seabird colonies in the Hawaiian Islands.1 am concerned that the proposed house would impact seabirds who call the area home through increasing attraction and mortality due to the increased risk of death due to an innate attraction to artificial light that leads to the disorientation and grounding of seabirds.1 have conducted research that demonstrates that artificial lights with 5km of a seabird colony has an increased risk to attract seabirds and increase mortality events - especially detrimental for critically endangered native populations such as the Hawaiian Petrel and Newell's Shearwater. This establishment would be within 5km of seabird colonies making it particularly harmful to these at risk species that have declined 94%in the last decade.Mahalo for your time and consideration.1 have attached my research if further reference is needed. All the best, Brooke Friswold (she/her) Wildlife Conservation Biologist Conservation Research Coordinator //SEED Madagascar Lead Instructor//[nternational Field Studies Inc.//Borneo MSc //University of Hawai'i at Manoa +1(360)540-1948 brookef@hawaii.edu brookefriswold.com ^^.Al^ SEP 1 4 2021 245 WIiDGE-rAtLEDSHEARVVA'l'ER/iRO&WA^PACIFICA FALLOUT PA:'l'TEt<NS INFOKA't TARGETEiJ MAi\A<.;l<;iVII<;iNrl' BROOKE FRISWOLD'".KEITH SWINDLE3,DAVID HYRENBACH3 &MELISSA R.PRICE' lDepartmen(ofNaturat Resources &Environmental Management,University ofHawai'i a!Manoa, 1910 East-Wesl Rd.,Honolutu.Hl 96822,USA (brookef®hawaii.edu)'-UniKd Slales Fish and Wildlife Seivice,JJ75 Koapaka Sl.,Howkilu,Hl 96819,USA JHawai'i Pacific University,45-045 Kamehameha Hwy,Kane'ohe,HI 96744,USA Received 17 January 2020,accepled 03 Juty 2020 ABSTRACT FRISWOLD.B.,SWINDLE,K..HYRENBACH,D.&PRICE,M.R.2020.Wedge-tailed Sheaiwater Ardenrm pacifica fallout pattems infonn targeted managemenl.Marine Omitholffgy 48:245-254. Seabird fledglings are often attracted to artificial,bright lights,leading to their grounding.This pheQomenon is termed "fallout"and is associated with an increased risk of mortality from land-based threats.This study evaluated temporal trends and spatial factors,such as fallout clustering near lights and proximity to colonies,to infonn targeted managemenl actions.Standardized surveys were conducted from 2002 to 2010 for Wedge-tailed Shearwater Ardenna pacifica fWTSH)fallout on the island of O'ahu,Hawai'i,USA.First,yearly fallout counts along the transect showed a two-year cycle and identified 25 November as the date with the highest fallout across years.Second, artificial lights aad utiUty lines were present in 94%and 83%of fallout locations,leading to significantly higher fallout rates at these locations compared to random points along the transect.Third,fallout decreased significantly as the distance from the colonies increased and was negLigibte farther thait 5 km from the nearest colony.Overall,60%of all fallout occurred along a 1.7 km secdon of the survey route, with 27%of this fallout occurring within 8 m of two light poles,highUghting the need for targeted management.Finally,the disposition outcomes of rescued stiearwaters from non-fatal fallout were analyzed.Ainong grounded individuals that were recovered alive,78%were admitted for rehabilitation with no injury and released.This suggests that rescue efforts during high-risk periods that are focused within 5 km ofcolonies,in fallout hot spots,are likely to enhance survival.Because little is known about the environmental drivers ofWTSH fallout,our results specify when,where,and how targeted management could be used most effecdvely to reduce fallout on O'ahu.Our targeted approach may be applied in other regions where seabird fledging is heavily impacted by artificial lights. Key words:fallout.light pollulion,ftedgiiig-procellariifonne.s,t^rgered management,Wedge-tailed Shearwater,seabirds INTRODUCT10N [n the era of the Anthropocene,some innate behaviors,such as an attraction to Ught,reduce seabird survival in human-modified landscapes (Telfer el al.1987,Le Com el al.2002,Rodriguez & Rodriguez 2009,Rodriguez et al.2017b).The attraction to light often leads some seabird species toward human structures on land or at sea (see Imber 1975,Montevecchi 2006,Atchoi etal.2020 for theories regarding light atbraction in seabirds).This phenomenon is most prevalent when chicks take first flight from their natal colony,where some fly toward artificial lights onshore,rather than dispersing to the sea (Troy et al.2011,Rodriguez et al.2015b, 2017a).These individuals may eventually fall to the ground due to exJ-iaustion or collisions with obstacles in an event referred to as "fallout"(Telfer «a;.1987). Once grounded,car strikes and predatioa by introduced mammalian predators,including domesdcated dogs and cats,are the main causes of injury and death.Grounded bu-ds can also sustain injury from the initial impact iind dehydration (Ainley et al.2001,Sniith el al.2002,Rodriquez el al.2014,Deppe e(a/.2017).Additional land-based threats include strikes with physicaJ structLires such as utitity lines,which may be more difficult to see in the evening (Cooper &Day 1998).High winds and weather events may increase the likelihood of Ught-induced fallout (Work &Rameyer 1999; Rodriguez et al.2014,2015b;Syposz et al.2018).and the phase ofthe moon can also have an impact,with fallout increasing during moonless nights or nights with low lunar illumination (Telfer et al.1987,Ainlcy et al.2001,Le Corre el al.2002,Rodriguez & Rodriguez 2009). Seabu-ds are among the most endangered group of birds globally (Croxall et al.2012,Dias et al.2019).At least 56 species of seabirds in the order procellariifonnes are subject to groiindmg from artificial Ughts,making them the group of seabirds most affected by this phenomenon (Rodriguez et al.2017c).The vulnerability of highly threatened procellariiformes to Ught pollution requires novel approaches to reduce the magnitiide of fallout and increase the survivorship of grounded birds.Several risk factors associated with coastal development can increase seabird fallout and mortality. The proximity of artificial lighting to colonies (Rodriguez et al.2015a),particularly when Lights are unshielded or generate certain wavelengtlis,can increase fallout (Reed et al.1985,Rich &.Longcore 2013,Rodriguez et al.20I7c,Longcore et ai.2018). However,seabirds fledging from "dark"colonies without a direct line of sight to artificiat Ughting may still be impacted if they Marine Omithology 48:245-254 (2020) 246 Friswold et al.'.Targeted management of Wedge-tailed Shearwater encounter artificial Ughts post-fledgtng (Troy et al.2011,2013; Rodriguez et al.2015b). The Wedge-tailed Shcarwater Ardenna pacifica (WTSH,'Ua'u Kani)occurs throughout the Hawaiian archipelago (Hawai'i Natural Heritage Program 2004).WTSH are one of the most abundant seabirds breeding in the Maiu Hawauan Islands with an estimated 87825 pairs (Pyle &Pyle 2017).On O'ahu,they nest on islets offshore and less abundantly along the shoreline,with many of their current colonies protected from predators (USFWS 2005).They play aa important role in coastal ecosystems in Hawai'i,as fheir guano is a source of nutnents for coastal vegetation and coral reefs (Honig &Mahoney 2016).Because WTSH nest near developed areas on the island of O'ahu,Hawai'i,which has one ofthe highest light intensity values on the entire planet CTroy et al.2013),they are an ideal model species for examinmg the relative impact of different factors on fallout,and how targeted management of light pollution,coastal stmctures,and rescue campaigns could nutigate mortality.WTSH chicks fledge from the Hawaiian Islands in early November to late December (Whittow 1997),when hundreds of birds become grounded on O'ahu (Work &.Ramcycr 1999).WTSH represented 96%of all seabirds delivered to the Sea Life Park (SLP) rehabiUtation center during the period 1999-2003 (impubUshed data),Ukely due to theii high relative abundance. This study evaluated WTSH fallout in southeast O'ahu.Nine years (2002-2010)of systematic surveys along a coastal highway near several WTSH coloaies were analyzed to evaluate the spadal distriburion of faUout (compared against random pomts).Results were modeled to ascertam the potential influence of proximity to colonies and the aggregation of urban Ught poles and utUity Imes on spatial fallout pattems.Records of grounded and rescued WTSH from a local rehabUitation center were also analyzed that included the reladve condition of fallout birds and their potential for release. Based on previous studies,we predicted that fallout locations would be more abundant near colonies and would be significantly associated with Ught poles and utiUty lines.Finally,we used OUT findings to make reconunendatioos for targeted managemeat actioas to reduce faUout and incrcase Ehe survival of grounded WTSH in Hawai'i. METHODS Study area The majority of WTSH nesting colonies on O'ahu occur at small islets located off the southeast coastline of the island (Fig.1A); five colonies occur within our study area:Manana (32 930 aesting pau-s,np),Kaohikaipu (649 np),Popoia (669 cp),Mokulua Nui and Mokulua Hd (8968 combined np),aiid Freeman Seabird Preserve (mainland O'ahu;313 np).These abundance estimates are based on systematic surveys conducted by the Hawai i Division of Forestry and Wildlife (DOFAW),Pacific Rim Conservation, Hawai'i Audubon Society,and Pyle &Pyle (2017;Fig.1A). The south-cenbral region of O'ahu is highly developed,with high- density residential,commercia],and street Ughts (Fig.1A).The study area,spanning the windward and leeward shores of the southeastem region of the islaad,encompassed a mixture of urbanized and residendal arcas with tight poles along a coastal highway.Included is a beach park with a sports field containing stadium Ughts,and an entertainment park with flood and stadium Ughting (Fig.IA,B). Throughout tfus paper,the term "Ught poles"refers predorainantly to street lights afBxed to utility poles and mcludes a small number (<1%)of beach park and bathroom lights using halogen bulbs, and two stadium floodlights in a sports field (not consistenUy iUuminated).Not atl locations along the b'ansect that contamed light poles also coatained udlity tines and vice versa,aad there were stretches of roadway that contamed nelther.The streetlights werc fuUy unshielded (not full cut off)and emitted light in an omnidirectional pattem for 360 degrees in the horizontal plafle.They also emitted light above the horizontal plane (i.e.,were visible above the elevatioa of the light bulb).The street Ughts used high-pressure sodium bulbs that produced Ught at a characteristic wavelength near 589 mn,a coirelated color temperature of -2200 Kelvin,and a color rendering index of ~25 CIwai et al.1977). Road surveys for fallout detection Systematic road surveys were conducted from a vehicle to map fallout along a 25.7-km transect of the Kalaniana'ole Highway Cotonysite:<100 <:1,000 <10^00 <100jMM Urtnn'area:E] Sea L(fel*a(k(rehabi[ltath»n ceirter);a /.i'—Transact Fig.1.(A)Wedge-tailed Shearwater (WTSH)colony sizes across O'ahu.Colony size based on nest surveys of the uumber of occupied burrows obtained from the Division of Forestry and WildUfe (2018 survey),Freeman Seabird Preserve (2019 survey),Kane ohe Marine Corps Base (2018 survey),Pacific Rim Conservalion (2018 survcy),and Pyle &Pyle (2017).Colony D3's;KP:Ka'ena Point;PO:Popoia; MN/MI:Mokulua Nui and Mokolua Dd;MA:Manana;BP:Black Point;KB:Kailua Beach Park;KM:Kane'ohe Marine Corps Base;MM: Mohi Manu;MO:Moku'aia;KA:Kapapa;MK:Mokoli'i.Urbanized area projections were obtained from NOAA (2009)and are indicated with grey shading.The location of Sea Life Park (WTSH rehabiLitation center)is indicated with a black square.(B)Survey route with transect across southeastem O'ahu,Hawai'i,USA desigaatiag the northem and southera regions of the transect.Transect length =25.7 km. Marine Omithology 48:245-254 (2020) Friswold et al.:Targeted management of Wedge-tailed ShearwaEer 247 (State Route 72).Vehicle surveys were conducted approximately every du-ee days during the fledging season (mid/early November to late December)2002-2010.Each survey was initiated at about dawn and consisted of aii out-and-back trip along the controlled intersection of Ainakoa Avenue,Waikui Street,Lunalilo (Hl) Freeway,and Kalaniana'ole Highway in Honolulu.The eastem temunus of the Ko'olau Mountains divides the aorthem and southem portions of the fcransect (Fig.1B),where 98%of all surveys were conducted by the same observer (K.Swindle).On severat surveys,ooe additiooaJ observer was present,primarily as a note-taker.Posted speed limits along the route were 20-45 mph, however,survey speeds typically ranged 25-35 mph. Tlie survey was linuted to the roadway and arcas immediately adjacent (S 4 m),such as paved or graveled road shoulders,sidewalks (when present),and mowed areas between the road and vehicular guardrails (when present),with the inclusion ofone beach park parking lot.Visual barriers such as umnanaged taU vegetation,waUs,fences,or structures associated with housing bounded the mdjority of the survey route. WTSFI,being relatively large,are easily observed oa or adjacent to paved roadways,mcluding days-old carcasses flattened by repeated trafflc,sometimes represented by smgle contour feathers stuck to Ae roadway.FaUout that was not visible frorn the road was not detected; therefore,the aumber offallout birds documented by these surveys did not represent the totaUty of fallout Hkely to have occurred along the survey route.The WTSH that were cottected included live grounded birds (11%)fflid carcasses (89%)fTable 1).AU grounded WTSH were assumed to be the result of fallout.Carcasses were removed after each survey aad Uving buds were transported to a nearby rehabilitation ceober.Only surveys with at least one faUout detectioa were used in this analysis.The latitude and longitude of each bird found were recorded with a Garmin GPS m Plus or Ganmn GPS 76;digital photographs of locations,surTOundings,and grounded specimeas werc taken. Fallout survey data and random point generation The relative proximity of fallout locatioas (n ==376)versus raudomly generated points (n =250)to Ught poles and utility lines were compared by plotting their GPS locations along the digitized transect using ArcGIS (ArcMap 10.4,ESRI)and by measuring distances to light poles using Google Earth (2018),and photogrammetry from digital images taken at fallout locations.To match the survey constraints of fallout locations,the random points were similarly constrained tobe <4 m from the roadway by using a constraining extant parameter.Using these methods,we detemiined if light poles or utility Lines were present within 8 m of the observed fallout locations and the random points.The occurrence (presence/ absence)of Ught poles and utiUty Unes adjacent to the fallout locations and random points were compared independently using chi-squared tests (Pearson 1900)three categories:ttght poles present,utility tuies present,or none present. Data analysis All data suinmaries and analyses were performed using R version 3.3.2 (R Corc Team 2016)md R Studio (R Studio Team 2015) with sigmficaoce assessed using a =0.05.AI1 GIS analyses and maps were created using ArcGIS®,ArcGJS Pro®,and ArcMap softwaie by ESRI Version 10.4. §75 8 5 50» 2002 2003 2004 2005 2006 2007 2008 2009 2010 Year TABLE1 Summary ofsystematic road surveys for Wedgc-taaed Sbearwater (WTSH)fdlout detecdon #Surveys Year"with fidlout 2002 2003 2004 2005 2006 2007 2008 2009 2010 Total #FaUout #Birds discovered alive,(%) Earliest Latest date of date of discovery discovery 11 14 6 15 10 14 5 87 35 42 25 55 9 76 34 91 29 396 1 (2.8) 4(9.5) 1 (4.0) 0(0) 0(0) 9(11.8) 4(11.8) 24 (26.4) 0(0) 43 (10.9) 04Dec 17Nov 17Nov 14Nov 14Nov 07Nov 16Nov 18Nov 14Nov 07Nov 24Dec 04Dec 24Dec 22Dec 14Dec 17Dec 04Dcc 28Dec 12Dec 28Dec The 2002 start date began later in the fallout season than in subsequent years. 50 45 40 35 §30 ^25 3 £20 S 15 10 5 o .Wi JJI iij]],L SSSS^zzS^SSzzzzSSS&&S&S&&SS&&SSSSS&&S5a&&&&&S& Date Fig.2.(A)Count of Wedge-tailed Shearwater fWTSH)faUout along the survey transect from 2002-2010.Open circles indicate years where peak fallout coincided with a full mooD (A three days), and closed circles indicate years where peak fallout coincided with a new moon (±three days)(Byrd et al.1983,Rodriguez et al. 2012b).(B)Count ofWTSH fallout for survey dates poolcd for all survey years (2002-2010). Marine Omithotogy 48:245-254 (2020) 248 Friswold e£al.:Targeted management of Wedge-tailed Shearwater Temporal anaiysis The temporal analyses considered two scales:the magnitude of fallout across years and the timing of fallout within years.The yearly totaJs (WTSH discovered during our road surveys)showed a two-year cycle, with sequentially high and low fallout counts (Fig.2A).Because we detected a significant negative autocorrelation,we modeled yearly totals as a fLinction of the total from the previous year using simple linear regression.This approach allowed us to test for a one-year lagged response and a linear trend using eight yearly values from 2003 to 2010.To characterize faUout during the fledging season (November- December),fattout observations were pooled across the study period (2002-2010)to depict total counts for each date (Fig.2B). Distance tests The distances firom each tallout locadon and random point to the closest light pole and WTSH colony werc calculated using the "near" tool Ln ArcPro.Binomial generalized linear models (GLM)with a logit link fiinction were employed to compare fallout locations (coded as "I",n =250)and random points (coded as "'O",n =250)as a funcdon of the distances to the nearcst colony (m)and Ught pole (m). For the GLM's,a subset of 250 of the total 376 fallout locations were randomly chosen to match the sample size of 250 random points;other analyses that were conducted used all 376 fallout locations.Akaike's Infonnation Criterion (AIC)values were used to compare the fit of models with diffeient parameters (Bumham &Anderson 1998). Hot spot analysis An optunized hot spot analysis was conducted in ArcGIS Pro usmg fallout location and light poles as incident pomts to generate two maps of stadstically signtficant hot spots.The Hot Spot Analysis tool calculatcs a Oetis-Ord Oi*stanstic (Getis &Ord.1992)for every feature in the dataset,and a resultmg Z score displays where features with high values cluster spatially.The larger the Z score,the more intense the clustering of high values (hot spot),which is indicated by color.The point data are automatically aggregated usmg the appropriate scale of analysis while con-ecting for multiple testing and spadal dependence,Hot spots were generated with 99%confidence. Clustering anaiysis To determine whether WTSH fallout clustered around specific poles,the number of fallout locations within 8 m of each light ^ .nhimanab Wakapu'u ..^\ pole (n =633)was counted using geoprocessing tools in ArcGIS. A Spatially Constrained Multivariate Clustering analysis was conducted in ArcPro using fallout location as the feature attribute looking for spatially contiguous clusters.Because this spatial analysis is defined by the variable distance,it is constrained using a spatial weights matrix..Additionally,a cluster Umit of seven points was selected for the analysis by assessing clustering effecdveness with the Calinski-Harabasz pseudo /''-statistic (the ratio ofbetween- cluster variance to within-cluster variance)(Calinski &Harabasz 1974).All values were standardized with a z-transformation.The algorithm uses a connectivity graph of a mimmum spanning tree (ICruskal 1956)and the method "skater"to detennine natural clusters in the data and to ascertain regions of clustering and of cluster membership Ukelihood (probability of belonging to a cluster)for the fallout points along the transect.The number of features per cluster was generated with fallout locations using Trimmed Delauney Triangulation (Watson 1981);this approach uses a non-intersecting network of triangles in which each feature (fallout location)is a triangle node,with nodes that share edges considered "natural"neighbors.This ensures that a feature will only be included in a cluster if at least one other cluster member is a"natural"neighbor.FinaUy,multivariate clusteriDg boxplot analyses were generated to show the calculated distance from location point to the nearest light pole,and the calculated distance from location point to nearest neighbor point (fallout location to fatlout location or random point to random point),usiag standardized values. Rescue center intake data analysis Five years of available intake data from a seabird rehabilitation center within the study area (Sea Life Park:2010,2012,2014,2017, 2018;Fig.1A)were analyzed to quantify mjuries upon intake and the disposition outcomes (euthaiuzed,died,released,transferred). RESULTS Road surveys for fallout detection In total,396 incidences ofWTSH fallout (both Uve and dead)were documented along the survey transect during the survey period and 376 were analyzed (Table 1 ;20 not analyzed due to incomplete documentadon).When considering the northem (303 light poles) and southem (309 light poles)regions of the study area (Fig.1B), the transect had similar levels of light pollution shown by the number of light poles (Fig.3A).However,94%of fallout occurred LVteimanak) '^Makapu Fig.3.(A)Light pole counts along the transect,with the densiiy increasing firom grey to blue to red with 99%confidence.A light pole hot spot is indicated by the red cluster in the southem region of the transect (n =663).(B)Fallout counts along ttie transect,with density increasing from grey to blue to red with 99%confidence.A fallout hot spot is indicated by the red ctuster in the northem region of the bransect (n =376). Marme Omithology 48:245-254 (2020) Friswold et al.:Targeted management of Wedge-tailed Shearwater 249 in the northem region,which contains several offshore nesting islet colonies (-41 900 np).In contrast,there is only one small (-313 np) onshore colony in the southem region (Fig.1A).Within the northem region,70%of all fallout was concentrated in two areas:the town ofWaimmalo (60%)and Makapu'u (10%)(Fig.3B).The town of Waimanalo contains Dumerous light poles and stadium/beach park Ughting near large offshore islet colonies. Analytical results Temporal analysis The linear regression model of yearly fallout between 2003 and 2010 revealed two significant drivers:(1)there was a two-year cycle (Fig.2A),evident as a sigiuficant (t =-4.203, P =0.00847)lagged innuence of the preceding year's fallout (coefficient =-0.9976 ±0.2374 standard emi (SE));md (2) a significant (t =3.191,P =0.02424)longer-term increase (estimatc =8.3443 ±2.6149 SE).Overall,this best-fil modcl was significant (^2,5 =9.644,P =0.01923)and captured 71.18%(adjusted R2)of the variance in the data.Moreover,the regression residuals were nonnally distributed (Shapiro-'Wtk test, W =0.95608.P =0.7721)md not autocorrelatcd (Irl <0.25, P >0.05).The fallout events documented along the survey transect spaimed 46 days (range;13 November-28 December)with a peak on 25 November,and most fallout (83%)was concentrated witfun three weeks,from 17 November to 07 December (Fig.2B).Wth nan-ower focus,two-week (19 November-2 December),and one- week (21 November-27 November),temporal windows contained 67%and 36%of all fallout events,respectively. Fallout survey data and random point generation Chi-squared tests compared counts of WTSH fallout locations and random points along the transect that fell within 8 ra of Ught poles and utility lines and found a significant difference between the two (X2 =-18.42,df=l,P<0.0001).Subsequent chi-squared tcsts were used to assess the response to individual parameters,and all three comparisons were significant:(1)Ught poles (fallout =94%, rmdom =24%,X2 =10.83,df=l.P <0.05);(2)utiUty Imes (fallout =83%,rmdom =34%.X2 »9.55,df=l.P-S 0.05);(3)no light poles or utiBty Unes (fallout =1 %,tandom =40%,X2 =15.37, df=1,P <0.0005).Overall,fallout locations occurred most often within 8 m of Ught poles or utiUty Unes,with the opposite true of random points.The presence of light poles and utility Unes across the transect was slightly varied and the majority of random points were oot within 8 m of utility lines or light poles.Wliile the cM- squared tests used counts,percentages were used to depict these data graphically (Fig.4). Distance tests Mulrivariate box plot analyses showed that fallout locations were significantly closer to Ught poles and each other compared to 75% 50% Light poles Fatlout Utility lines ^Random Neither Fig.4.Percentage of Wedgc-tailcd Shearwater (WTSH)faUout locadons (dark grey,n =376)and randomly selected points (Ught grey;n =250)along the survey transect within 8 m of (1)Ught poles,(2)utility Luies,(3)Deither. £10 Spatially constrained multivariate boxplots for distance •S)Fallout Random Distance to light source Distance to adjacent point Fig.5.Spatially constrained multivariate box plots showing standardized distances between adjacent fallout locations and Ught poles (Ltght grey,n =376),and distances between adjacent randomized points and Ught poles (dark grey,n =250). TABLE2 Binomial geaeralized linear model (GLM)results using the logit link function for the distances between fallout (n =250)and randomized points (n =250)for colony,light poles,and colony +light poles Distance (fallout vs.random)3 Estimate Standard Error (SE) df (AIC"AAIC Light +Colony Ligbt Colony 3.236 -4.19E-04 4.81E-05 0.351 7.30E-05 1.40E-05 498 499 499 9.207 -5.747 3.43 <0.001 <0.001 <0.001 489 663.4 685.5 o 174.4 196.5 a The response variable is a "1"(fallout)or a "O"(random).b AIC values and AAIC values show the Akaike's infonnation criterion (AIC)and the distance between the best fit model. Marine Omithology 48:245-254 (2020) 250 Friswold et al.:Targeted management of Wedge-tailed Shearwater random points (Fig.5).Most fallout occurred within 2400 ajid 5000 m of a colony (fallout distance to colony range:636-8619 m, ii =3184.5 m,x =3029.3 m;Pig.6A).The GLM also showed significant differences between the fallout locadons and random points for distance to Ught poles (/*<0.001;Table 2;fallout distance to light pole range:1.59 m-1728 m,x =176.8 m,x =20.3 m; Fig.6B).bi contrast to the random points,fallout locations were negtigible beyond 5000 m fi-om the nearest colony,with 96%of faUout locadons withia 5000 m.The GLM also showed sigaificant differences between the fallout and random points for distance to colony (P <0.001).While the AIC values were comparable for the two models with a single predictor—lightsource distance (AIC =685.5)and colony distmce (AIC =663.4)—themodel including both variables (colony distance +Ught pole distance)had Ihe best fit (AIC =489;Table 2). Hot spot analysis A 99%confidence faUout hot spot was idendfied in the town of Waimanalo along the northem region of the transect (Fig,3B). Conversely,a 99%confidence Ught pole hot spot was identified m the southem region of the hransect where Uttle fallout occurred (Fig.3A). Faltout @ Random 2500 5000 7500 Distance to nearest colony (m) B Faflout @ Random 10000 fa1—l 1 2 3 4 5 6 7 8 9 10 11 1213 1415 1617 Distance to nearest light pole (km) Fig.6.(A)Stacked histogram depicting the relative frequency of distance from fallout locations and random points to the nearest colony (m)(n =376 and n =250,respectively).(B)Stacked histogram depicting the relative frequency of distance fi-om fallout locations and random points to the nearest light poles (km)(n =376 and n =250,respectively). Clustering analysis Spatial muldvariate clustering analysis showed high clustering of fallout locadons near specific tight poles.High clustering occurred within the largest fallout hot spot in the town of WaimaQalo (Fig.3B),with most clusters containing seven or more fallout locadons.Fallout locations showed high membership probability, indicadng that single fallout locations did not typically occur and that the majority (83%)occurred in cluster groups.bi fact,27%of all fallout was clustered among two specific light poles along the transect (Fig.7). Rescue center fallout data The SLP rehabiUtarion center intake data (n =1883 records) showed that 30%of the WTSH admitted were found in the towa ofWaimanalo (faltout hot spot)and that the majority (78%)of the admitted WTSH were released with "no apparent mjury." BISCUSSION This study examined spatial and temporal factors associated with fallout of WTSH on the southeast shore of O'ahu,with the intent of developmg targeted management reconunendations to reduce fallout aad increase the probabiUty of ftedgliug survival by identifymg when and where management actions should be implemented.Our results are consistent with the Literature regarding the oegative impact of artificial Ughts and coastal structures on procellaruform birds mducing fallout on O'ahu and elsewhere, e.g.,Reunion Islands (Le Con'e et al.2002),New Z^atand (Deppe et al.2017),Kaua'i (Reed et al.1985,Telfer e(al.1987,Ainley el al.1997,Podolsky et al,1998),Canaiy Islmds (Rodriguez & Rodriguez 2009),md the Outer Hcbrides (Miles et a\.2010). Temporal management Targeted maaagement efforts could be used through temporat measures to mitigate light atttraction,reduce fallout,and eohance search efforts for the rescue of grounded seabirds (Telfer et al.1987). Our results mdicate substantial inter-annual osciltatioas in fallout of WTSH on O'ahu,with an overall increase across the study period, Fallout clustering at light poles 35 ss •g 20 o ^15 9Hl'm!rtl!ft^:'^l ii!mimBi!E'iirR^^!n'4n'il!3i^^^l!>^S^;M!i^^i8i'lt3H.l^l^rj).ia=iiH!31^]irBnn!':Ti;Hi.'HSii; '<'f.fe'f..'^-f''^-^f^^ff^^fffififfif'#.f-«' Light pole ID Fig.7.Fallout couat clustering discovered within 8 m of light poles along the bransect (n =663).The Ught pole number corresponds to specific light pole locations along the transect. Marinc Omithology 48:245-254 (2020) Friswold et al.:Targeted management ofWedge-tailed Shearwater 251 and we document signtficant autocorrelation,with the total fallout on a given yeaf being negatively related to the total fallout in the preceduig year.This pattem may be due to osciltatioos in annual reproductive success,as has been described in other shearwater species (Ainley et al.2001,Rodriguez et al.2012b),warranting further research to detennine the imderiymg causes for the two-year cycle.Although the driver is currently unknown,this oscillating pattem could infonn targeted management actions on an annual scale,with light mitigation and rescue efforts increasmg during years predicted to have high fallout (i.e.,odd years).tf faUout seems to be low in a given year,managers and rehabilitators might safely assume that the fottowing year may require additional stafRng and rcsources. Identification of 25 November as the peak fallout date across the 6.5- week survey period aUows identificadon of a narrower tirne window for targeted management that includes Ught initigation and rescue efforts.This enhanced management period could span three weeks (17 November to 07 December,encompassing 83%of all fallout), twoweeks(l9Novemberto02December,67%of all faUout),or one week (21 November to 27 November,36%of all faUout). Spatial management We recogmze that Uve grounded birds could have moved from their original fattout location,and that fatlout may not have occurrcd as a direct result of the offeading Ught fixture;however,the significant clustering and spatial pattems offer a distmct management opportunity.Although the mechamsms driving fallout warrant further research,the documented spatiat and temporal pattems have clear naanagement implications.WTSH faUout occiiTred near tight poles and utility lines at a much higher rate compared to random potnts, with the majority of the fallout locations occumiig within 8 m of a light pole (94%)or a utUity line (83%).Conversely,very few fallout locations occurred where light poles or utility Unes werc absent (1%) compared to random points (40%).By using a conservative distance of 8 m around a light pole,we can determine a reladvely high light intensity visible to seabirds (90%-100%of original).This small buffer also ensures visibiUty by seabirds regardless of differences Fig.8.Map of southeast O'ahu (survey area)showing the recommended area for targeted management,depicted by a 5-km buffer around Wedge-tailed Shearwater nesting colonies in the study area (dashed liae).The two x's indicate the location oflight poles CtD 320 and 321)where a disproportionately high proportion of fallout occun-ed (see Fig.7). in light mtensity that are dependent on positioning and light fixture structure.An interaction between light poles and utility tines is possible,but due to limitations in the data set,we were unable to test for independence.We can,however,see a variation in the detection of light poles and utiUty lines among fallout locadons and random points.Random points occurred at a high rate near no light poles or utility lines,indicating that fallout that occurs on the roadway is not automaticatty within 8 m of light poles or utility Unes;in fact,the opposite was true.Moreover,two adjacent light poles (representing 0.3%of all tight poles m the study area)were associated with disproportionately high fallout (27%),identifying the highest priority sites for targeted spatial management. On O ahu,light poles and udlity Unes within 5 km of a colony present an increased fallout risk for HedgUngs and should be given increased priority for targeted management (Fig.8).Fallout locations were negligible at a distance >5 km from a colony,with -95%of fallout occumng within 2.4-5.0 km (x =3.4 km).This provides a good indication of the distance around a colony that targeted management through Ught pole and utility Une mitigation and rescue campaigns would be most beneficial.Certain Ught pole hot spots along the survey bransect located outside of the 5 km colony buffer were associated with very few instances of fallout. Additionally,the majority of light poles ia the southem (low fallout) portion of the transect were >5 km firom a colony,whereas in the northem (high fatlout)portioa,the majority of light poles occiured within 5 km of a colony (Fig.IA,B).While our analysis assumed that fallout mvolved fledgtings from the nearest colony,we were not able to detennine the source colonies of grouaded WTSH.These results are,however,similar to a previous study from the Balearic Islands,where shearwaters and petrels were rescued at a mean distance of 4.8 km from the aearest colony,with outliers occurring as far away as 20 km (Rodriguez et al.2015a). Fallout hot spots are an important consideratioo when detemuning light management regimes-If light mitigation efforts are focused in the hot spot regions identified in Uus study,70%of all fallout in the study area CWaimanalo,60%;Makapu'u,10%)could be reduced by management actions along a smaU section of the road (~1.7 km linear distance).Because OUT transect was selected to include the highest density of suspected faUout along a public roadway,and also because of its proximity to aesting colonies,management in this study area could reduce a substantial percentage of the total fallout on the island ofO'ahu. The most productive WTSH colony on O'ahu,Mmma (-30000 np), is near the region's greatest fallout hot spot,suggesting that colony size may also influence fallout rates.The distaDce betweea Ughts and breeding colonies wiU likely vary across species depending OD their nesting habitat.In Hawai'i,WTSH colonies occur near coastlines, placing fledgUngs near ardficial light sources associated with coastal development.Because higher intensity lights may increase the distance from a coloay where faUout is likely to occur,we caution that the distance of impact is likely to vary based on light mteosity and species (Rodriguez et al.2015b).WTSH are a close relative of the Manx Shearwater Puffinus puffinus.Manx Shearwater have noctumally adapted eyes (Martin &Brooke 1991)that are capable of ampUfymg light sources,making even low-intensity light a potential threat.WTSH have also exhibited a stronger response to ultraviolet and long-wavelength light compared to some other proceUariiform species based on their retinal response to flashing LED lights,with adults showing slightly less sensilivity thanjuvemles (Moon 2020). Marine Omithology 48:245-254 (2020) 252 Friswold et al.:Targeted maDagement of Wedge-tailed Shearwater Next steps Some of the most pressing actions to mitigate light-induced mortatity ofWTSHoa O'ahu involve estimating the effects offallout on populatfons,detemuning safe distances from light sources and colonies,improving targeted rescue campaigns to recover grounded birds,and documenting the fate of rescued birds (Rodriguez et al. 20l7c).Some areas in Hawai'i have already adopted targeted Light mirigation strategies (e.g.,on Kaua'i,tuniing off stadium Ughts in autumn).The outcomes of this study could be used to implement a strategic plaa for reducmg fallout aod increasing fledgUng survival ofWTSH on O'ahu and may apply to other regions experiencing high faUout and fallout-induced mortaUty due to light pollution.A strategic plan that emphasizes rescue campaigns,coastal stmcture mitigation in the fallout hot spots,and colony buffers,particularly durijig the high-risk periods identified m this study,could mimmize fallout and maximize fatlout recovery with niiiumal resource use. Light poles in the targeted management areas can be etiminated, altered,or managed (pennanently or temporarily),and various options exist for threat reduction if certain alterations or extmguishment is not possible due to human safety,lack of funding, resources,or ability (although targeted management may mitigate these issues).Some studies suggest that a modLfication of Ught color mayreduceattracdonmseabiTdsCR-odriguez^a^.2017c).Artificial lights may also be modijRed with shields or oriented downwards or towards the object of focus to avoid skyward Ught spill,an approach that has been shown to deter Ught spread and reduce seabird attraction;however,this may not deter Ught attraction from birds at sea (Reed et al.1985).Lights can also be placed on timers or modon seasors.Utility Unes in targeted management areas can be modified by mcreasing their visibility or rewired underground (Coopcr &Day 1998,SUva et al.2013). "Lights out"imriarives for seabirds and sea turtles have proven successful in various regions.In highly industrialized and populated areas llke O'ahu,"Ughts out"programs,where all Ughts are extinguished across a broad area during the fledging seasoa,have had linuted adoprion due to concems about human safety,mobiUzmg citizens to action,recreation,lack of polidcat wiU,and Limited funding.Targeted management actions in smaller areas and dme scales can increase the Ukelihood of adopdon by reducing these coacems.Beginning with accessible targeted maiiagement programs can increase the Ukelihood of eventual large-scale adoprion. Rescue campaigns hold the ability to mimmize mortality risk for thousands of seabirds a year (Rodriguez et al.2017b,Le Corre et al.2002),aad WTSH populations may benefit from a targeted management approach that focuses on the high-risk areas (i.e., fatlout hot spots and 5-km buffer)and periods (17 November to 07 December)identified.WTSH are predominately admitted for rehabilitation with no injury acd have a high Ukelihood ofrelease; therefore,rescue campaigns that recover grouoded seabirds before mortatity events occur can increase survival.Conducting surveys in the evening and moming could also iacrease the detection of downed birds (Rodriguez et al.2014,and observed during this study).Knowledge of high-risk time periods and regions may prepare rehabilitation centers for high-intake events aiid du'ect local awareness campaigns,media,and educadon. The effects ofartificial Ught pollution and coastal structures hold multiple tangible solutions with the potential for rapid reversal and adoption.Targeted management can reduce stress on populations experiencing human-caused mortality by artificial light and coastal structures (Troy et al.2011,Rodriguez et al.20I7c). Mitigating these stressors is a proactive approach to lessening human-wildlife conflict and pressure on seabird populations and encourages the growth of a native seabird population in Hawai'i. Anthropogenic effects such as fisheries conflict,plastic ingestion, cUmate change,and depleting fish stocks are large-scale and inherently difficult to manage.Conversely,mitigating the irapacts of light pollution using targeted management to identify areas and times of greatest threat is a tractable approach to diminish seabird mortality and to raise public awareaess for the plight of seabirds in urbanized landscapes. ACKNOWLEDGMENTS We would like to acknowledge and thank all individuals and organizations who contributed to this research.We thank Tiana Bolosaa,Eryn Opie,Afsheen Siddiqi,Devon Fraocke,Jeff Pawlowski,Pacific Rim Conservation,and the Hawai'i Division of Forestry and Wildlife,as well as the Department of Land and Natural Resources for providing data.We thank the University of Hawai'i at Manoa \\rildlife Ecology Lab,Javier Cotui,Lindsay Young,Johannes Fischer,and the Maui Nui Seabird Recovery Project for providing acadeimc support and insight.We would Uke to thank Eric VanderWerf,Lauren Goodmiller,Nonna Creps,and the United States Fish and Wildlife Service for assistance with road surveys.We thank the Society for Conservation Biology Oceania Chapter for funding assistance,and Airam Rodriguez and Tay Penmman for their thoughtful reviews,which contributed to the improvement of the manuscript. 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RODRIGUEZ,A.,GARCIA,D.,RODMGUEZ,B..CARDONA, E.,PARPAL,L.&PONS,P.2015a.Artificial Ughts md seabirds:is light pollution a threat for the threatened Balearic petrels?Joumal of Omilhology 156:893-902.doi:10.I007/ 510336-015-1232-3 Marine Omithology 48:245-254 (2020) 254 Friswold et al.:Targeted management of Wedge-tailed Shearwater RODRIGUEZ,A.,RODRIGUEZ,B.&NEGRO,J.J.2015b. GPS tracking for mapping seabtrd mortality induced by light pollution.Scientific Reports 5:10670.doi:10.1038/srepl0670 RODMGUEZ,A.,MOFFETT,J.,REVOLT6S,A.ET AL.2017a. Light pollution and seabird fledglings:targeting efforts in rescue programs.The Joumal of Wildlife Management 81: 734-741.doi:10.1002/jwmg.21237 RODRIGUEZ,A.,HOLMES,N.D.,RYAN,P.G.ET AL.2017b. Seabird mortality induced by land based artificial lights. Conservation Biology 31:986-1001. RODRIGUEZ,A.,DANN,P.&CMARADIA,A.2017c. Reducing light-induced mortality of seabirds:high pressure sodium Ughts decrease the fatal attraction of shearwaters. Joumal for Nature Conservation 39:68-72.doi:10.1016/j. jnc.2017.07.001 SO.VA,J.P.,PALMEIRIM,J.M.,ALCAZAR,R.,CORREIA, R.,DELGADO,A.&MOREIRA,F.2014.A spatially expUcit approach to assess the cottision risk between birds and overhead power lines:a case study with the little bustard.Biolofical Conservalion 170:256-263.doi:10.l0l6/j. biocon.2013.12.026 SMITH,D.0.,POLHEMUS,J.T.St VANDERWERF,E.A. 2002.Comparison of managed and unmanaged Wedge-tailed Shearwater colonies on O'ahu:Effects of predation.Pacific Science 56:451^(57.doi:10.1353/psc.2002.0044 SYPOSZ,M.,GONCALVES,R.CARTY,M.,HOPPITT.W., &MANCO,F.2018.Factors influencing Manx Shearwater grounding on the west coast ofScotland.Ibis 160:846-854. TELFER,T.C.,SINCOCK,J.L.,BYRD,O.V.&REED,J.R.1987. Attracdon ofHawaiian seabirds to Ughts:conservation efforts and etfects ot'moon phase.WildUfe Sociely Bullelin (1973-2006)15: 406-413. TROY,J.R.,HOLMES,N.R,VEECH,J.A.,&GREEN,M.C.2013. Using observed seabird fallout records to infer pattems of attraction to artificial light.Endangered Species Research 22:225-234. doi:10.3354/esr00547 TROY,J.R.,HOLMES,N.D.&GREEN,M.C.2011.Modeluig artificial light viewed by fledgling seabirds.Ecosphere 2:1-13. doi:l0.1890/ESll-00094.1 US HSH AND WILDLIFE SERVICE.2005.Regiomil seabird consematwn pkin,Pacific Region.Migmtoiy Birds and Habitat Programs,Pacific Region.Porfland,USA:US Fish and WUdlife Service. WATSON,D.F.1981.Computing the n-dimensional Dclaunay tesseUation with appUcation to Voronoi polytopes.The Computer JourmlW:167-172.doi:10.1093/comjnV24.2.167 WHHTOW,G.C.1997.Wedge-talcd Sheanvater {Pl^inus pacijicus). In:POOLE,A.&GILL,F.(Eds.)ne Birds cfNorth America,No. 305.Philadephia,USA:The Academy of Natuml Sciences and Washmgton,USA:The American OmiAologists'Union. WORK,T.M.,&RAMEYER,R.A.1999.Mass slrandmg ofWedge- tailed Shearwaterchicks in Hawai'i.JoumalofWildlife Diseases 35: 487-(95. YOUNG,L.C.,VANDERWERF,E.A.,MCKOWN,M.ETAL.2019. Evidence of Newell's Shearwaters and Hawaiian Petrcls on O aha, Hawai'i.The Condor 121:1-7.doi:10.1093/mndor/duyO(M Marine Ormthology 48:245-254 (2020) Kristen Romuar-Cabico From: Sent: To: Subject; Linda <olas@hawaiiantel.net> Saturday,September 11,2021 10:12 AM Planning Department Selling off Kaua'i CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. My name is Linda Shigeta.Nihoku (Crater Hill)is important to my family and 1 because this is the area of our families home generations before.You are making it into a place for the rich &not thinking of the Kaua'i people &our aina.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of KTlauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house.Thank you so much for all you do for our island of Kaua'i.Please stop &think you are slowly making it into Oahu.Do not take the Beauty of our island into a playground for the rich.Save it for our keiki please. With much aloha &respect for Kaua'i,Linda Shigeta Sent from my iphone a.\AO.l^'4?^ ^ Kristen Romuar-Cabico From: Sent: To: Subject: Mike Coots <mikecoots@hotmail.com> Sunday,September 12,2021 12:06 PM Planning Department Oppose Special Use Permit for Crater Hill CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even jfthe sender is known to you unless it is something you were expecting. Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Mike Coots.1 was born on Kauai,and have lived in Kilauea for most of my life.Nihoku (Crater Hill)is important to me beacuse of its significance as a bird sanctuary.1 also do my excercise/run there daily).1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i.With much aloha, Mike 105 ^^.a.W. sy <'w2'® Kristen Romuar-Cabico From: Sent: To: Subj'ect: Attachments: Lorraine Mull <lorrainemull808@gmail.com> Wednesday,September 8,2021 7:39 PM Planning Department Bill 2822 September letterto Planning Commission.docx CAUTION:Thisemail originated from outsidethe CountyofKauai.Do notclick linksoropen attachments even ifthe sender is known to you unless it is something you were expecting. Testimony for September 14th Planning Commission meeting. Mahalo and aloha, Lorraine Mull ^A.4^ ^\4 ^\ Lorraine S.Mull 5080 Napo'okala Circle Princeville,HI 96722 LorralneinullSOS i-Z.gniail.LDm (808)651-1782 September 8,2021 Kaua'i Planning Commission c/o Kaua'i Planning Department 4444 Rice Street,Suite A473 Lihue,Hl 96766 planningdepartment @ kauai.gov Aloha Commissioners, 1 am writing you again to voice my strong support for Bill 2822 which is calendared on the Planning Commission Agenda for September 14,2021. As 1 stated in my previous letter,Bill 2822 is an important piece of legislation in managing the growth of tourism on Kaua'i.The Visions and Goals of the General Plan state that Kaua'i is a unique and beautiful place and the protection and preservation of Kaua'i's natural beauty is of paramount importance for residents and visitors alike. Ensuring that our majestic open space and scenic view corridors will be protected and preserved is one of the most important roles of the Planning Commission. The issues attendant to "over-tourism"directly affect our quality of life as residents and the visitor experience of our guests.This has been especially burdensome on the North Shore as we struggle through yet another year of landslides,convoys,and road closures.Our community is burdened with the added strain to our infrastructure,roads, water,drainage,sewer,traffic,noise,and congestion that comes with more resort development.Princeville I,the first master planned community in the State of Hawaii,is in the VDA,but it is fully developed as per that master plan (the most important aspect of which was the preservation of Open Space). The recent proposal by Starwood Capital to expand the new 1 Hotel in Princeville with 50 single and multi-family luxury "tents"onto Open zoned land in PV 1 falls directly within the purview of the proposed bill.We are passionate about our community and the preservation of our Open space;hence this bill is especially important for the North Shore as well as the entire county.A very dangerous precedent will be set if Starwood is allowed to expand their hotel beyond the parameters of their Resort designated land onto Open zoned land. In its previous evaluation of the proposed legislation,the Planning Department stated that Developed Campgrounds are "no longer appropriate"in the Open and Ag zoning districts and finds that the proposal is both reasonable and appropriate.While finding that the bill is in alignment with the goals and policies of the General Plan and will promote the general welfare by managing growth and preserving rural areas,the Director recommended Tentative Approval and Deferral of the bill. Bill 2822 is again before the Commission and the importance of this bill to the North Shore and the County overall cannot be over-stated.There are no new resorts contemplated on the North Shore under the present General Plan.The commercial developed campgrounds at issue present an attempt to "end run"the spirit and intent of both the General Plan and the Zoning ordinances presently in place. Saturation of the Open Space in Visitor Designated Areas with this type of resort expansion is abhorrent to our citizenry and the need to protect and preserve this incredibly special place is of paramount importance. Mahalo for your consideration and for the time you give to the people of Kaua'i. With aloha, Lc'rrrcUvie/M uU/ Kristen Romuar-Cabico From: Sent: To: Subject: Dorothy Perry <pilikoadottie@gmail.com> Wednesday,September 8,2021 5:22 AM Council Testimony;Planning Department RE:Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.Our beautiful home will be lost to all of us ifthis march toward unregutated development is allowed to continue. We respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Dorothy and Dick Perry PO box 1639 Hanalei Hl,96714 B3°Virus-free.www.avast.com 35 y^.4^ SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Ingrid Kelly <kingrid946@gmail.com> Wednesday,September 8,2021 7:22 AM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL 2822<BRxBR>Aloha Council Members and Planning Commissioners,<BRxBR>l/we are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.<BRxBR>l/we strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.. <BRxBR>l/we respectfully request that you vote to pass Bill 2822 as quickly as possible. ALOHA lngrid Kelly 5250 Ka Haku Road 213 Princeville,Hl 96722 Sent from my iPhone 31 ^^^ SEP 1 4 202f Kristen Romuar-Cabico From: Sent: To: Subject: Joel Mellema <mellema.joel@gmail.com> Wednesday,September 8,2021 8:34 AM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Council Members and Planning Commissioners, In 1985 we became whole unit owners of Unit #7301,the Cliffs at Princeville.At that time there was a lot more open space in Princeville.In fact,the entire area bordered by Ka Haku Road and Pepelani Loop was completely undeveloped.It was a site for numerous breeding albatrosses.Now that entire area is fully developed,and the same is true for many other previously undeveloped locations in Princeville.We hope that the remaining open space in Princeville can be protected and enjoyed by future generations. We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use.Open Space is the most valuable asset of our beautiful island. Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. We respectfully request that you vote to pass Bill 2822 as qulckly as possible. With Aloha, Mary and Joel Mellema The Cliffs at Princeville,Unit 7301 1110 Daveric Drive Pasadena,CA 91107 26 f:^.^.46^ 7(SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Sandra <swkilauea@gmail.com> Wednesday,September 8,2021 10:40 AM Planning Department SMA 2022-1 (Seacliff/Green) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha kakou, Carl and Sandra Wright wish to concur with the request for permit ofthis acreage and the buildings that Phil and Linda Green are proposing for their retirement home.The Green's are well-known within the Kilauea community and Kaua'i at large,actively involved in the Kilauea church and participating fully in community and county activities and positively influencing change for county and community issues. The challenge to their site plan appears to arise from concerned Hawaiians who do not want building on the hillside to interrupt their view nor their access.It is our understanding that through much dialogue,as well as much angst,the Greens have agreed to relocate their home lower on the property and to reduce pitch on the roofline to accommodate the concerns.This seems a more than generous exhibition oftrue Aloha,and comes with considerable architectural cost and personal disappointment. We are available for Committee questions,or further discussion,and trust the Commission to respond judiciously. Carl &Sandra Wright 4300 N.Waiakalua St. Kilauea,Hl 96754 808-828-1602 19 p:^.^.^ SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Kent Oehm <kentoehm@gmail.com> Wednesday,SeptemberS,2021 11:02 AM Council Testimony;Planning Department Please Pass Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Council Members and Planning Commissioners, We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.We strongly believe that commercially developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for resort use.Open Space is one of the most valuable assets of our beautiful island. Protecting Kaua i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.Former Planners and Councils have allowed Developers to run wild with new tourist related condos and housing.The County has neglected the infrastructure for years in not accomOdating the residents and tourists that they have allowed.For example,tourists almost have to rent a car—whyare there no direct buses running from North Shore and Poipu to the airport,and then for the buses to not allow luggage??In trying to find a shuttle from the airport to Princeville for our grandson,we can only find a $100 taxi.The few existing shuttles canceled his reservation at the last minute. We respectfully request that you vote to pass Bill 2822 as quickly as possible and then begin to limit developments directed to more tourists.Do not allow Coco Palms to be rebuilt in that highly congested area. WithAloha, Kent and Jane Oehm,4100 Queen Emmas Dr.,Princeville 18 ^^.«.^ SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Paialii,Shelly <Shelly.Paialii@bakertilly.com> Wednesday,September 8,2021 12:30 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Council Members and Planning Commissioners, We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.We were surprised and dismayed that this Bill was not passed at the last planning meeting and honestly do not understand why it's passage is such an issue. We strongly believe that commercial developed campgrounds should NOT be allowed on Open- zoned land and should only be allowed on land zoned for commercial or resort use.We purposely purchased our home in Princeville for its beautiful and serene setting after considering many locations in Hawaii to purchase our retirement home.In fact,this was not an easy decision and one that took many years to find just the right spot having lived for many years in Laie,Oahu.The open space and beauty of the open areas and golf courses and the quiet in Princeville was most importantto us. Now our beautiful community is in jeopardy by a new conglomerate who has come in only to develop the property for maximum profit and then sell it!They have no plans to hold the property on a long term basis and have said as much at the monthly community meetings.They are only looking to make it more valuable by making as many rental locations as possibly on every inch of land available to them in hopes of raising the sales price for them when completed.They have failed to maintain the beauty of the Woods course because it doesn't meet their profit goals currently.We feel this is not in the Aloha spirit of maintaining the beauty of our island.They have no interest in keeping it as we all love it.Since they will not be here once it is completed,they are not concerned with the long term effects.Quite frankly,we do not see this as an enhancement to the Princeville area with the large amounts of rain and weather we get on a year round basis,we don't see this as a desirable enhancement and feel it will eventually be closed as not profitable.By then,the beauty of the open space will have been ruined and to what end? Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you. Our precious resources and infrastructure cannot handle more tourist accommodations.The Princeville area was not originally built to handle these additional sites when the infrastructure was designed.This is completely unfair to the many permanent residents who have paid for infrastructure designed to handle our homes as is. 13 'R^AU't/l SEP1 4 202! We respectfully request that you vote to pass Bill 2822 as quickly as possible and stop the ruination of our community before it is too late by those who do not care. With Aloha, Shelly and Goddard Paialii 4141 Lei O Papa Rd,Unit 47,Princeville,Hl BakerTilly US Confidentiality Notice:This message is being sent by BakerTilly US.It is intended exclusively for the individuals and entities to which it is addressed.This communication,including any attachments,may contain information that is proprietary,privileged,confidential,including information that is protected under the HIPAA privacy rules,or otherwise legally exempt from disclosure.If you are not the named addressee,you are not authorized to read, print,retain,copy or disseminate this message or any part of it.If you have received this message in error,please notify the sender immediately by email and delete all copies of this message.This message is protected by applicable legal privileges and is confidential.Tax advice,if any,contained in this communication was not intended or written to be used by anytaxpayerforthe purposeofavoidingpenalties. 14 Kristen Romuar-Cabico From: Sent: To: Subject: David Wilmot <dw@princeizant.com> Wednesday,September 8,2021 12:44 PM Planning Department REF..SMA 2022-1 CAUTION;This email originated from outside the CountyofKauai.Do not click links oropen attachments even ifthe sender 15 known to you unless it is somethjng you were expecting. DearPlanning Dept, 1 write to ask that you approve the above proposal from Phil and Linda Green.With the prospect of them being our neighbors,they will too care for the community we call SeaCliff and Kilauea. The Greens have been sympathetic to the challenges as it relates to their property and the bird sanctuary.1 know Phil has made adjustments to his build to respect the land he has and be mindful of the birds. Knowing them as 1 do,planting vegetation and trees will create more habitat for them.The community couldn't ask for a better neighbor. 1 respectfully ask you to approve their build. A good neighbor in Seacliff. Mahalo Sent from my iPad This e-mail and any attachments,aswell asanydocumentsfrom a fileserverofThe Prince &IzantCompany,NUTEC,Pl Medical or Brazing Preforms,are intended for the addressee and may contain information that is privileged, confidential,proprietary,or otherwise protected by law.Any dissemination,distribution,or copying is prohibited.If a confidentiality or nondisclosure agreement exists between Prince &Izant Company and the recipient or the recipient's employer,or this e-mail and any attachments hereto as well as any documents from a file server of Prince &Izant Company or its affiliates is provided,then this notice serves as marking as CONFIDENTIAL information of Prince &Izant Companyor its affiliates.Ifyou have receivedthis communication in error,please contact the original sender. All quotations and sales orders are subject to the terms and conditions found here<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fprinceizant.com%2fuploads%2fTerms%20Final_2019.pdf&c =E,l,J_qYfZFHh_BUDv872JLcAuXLS8jgxvp020o- groM7qEORb7AZym5ZpKW4168BMA2HVLOtAMXLWQGXlP7AcfY3tK8Zff3Z8uCbJf_mXufKsLvOWetPQQtKIEFUeQ,&typo=l >. 12 ^ft.^.^ ^\4 202^ Kristen Romuar-Cabico From: Sent: To: Subject: patty dryden <pjdryden52@yahoo.com> Wednesday,September 8,2021 2:40 PM Council Testimony;Planning Department 1/we are writing in support of Bill 2822 CAUTION:This emall originated from outsidethe County ofKauai.Do not click links oropen attachments even ifthe senderis known to you unless it is something you were expecting. Please send a modification of th-is emai'1 template to: County Council <counci1testimony@kaua1.gov> Planmng Comm-ission <p1anmngdepartment@kaua1.gov> Please modify the email template by changing out my name and emai1 address wi'th your own.Everything else stays the same.Please do it this week.The meeting happens on 9/14.Call me with any questions RE:BILL 2822 Aloha Council Members and Planmng Commissioners, I/we are wn'ting -in support of Bill 2822 which is back on the Planmng Commission Agenda for September 14,2021. I/we strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open space 1s the most valuable asset of our beautiful island.Protecting Kaua'1 is now up to you.Our predous resources and Infrastructure cannot handle more tounst accommodati'ons. I/we respectfully request that you vote to pass Bi'11 2822 as quickly as possible. Wi'th Aloha, Patncia Dryden 4141 Lei O Papa Road,#16,Pnnceville,HI 96722 ^.%^.<5° SE"P U 2021 Kristen Romuar-Cabico From: Sent: To: Subject: pattydryden <pjdryden52@yahoo.com> Wednesday,SeptemberS,2021 2:45 PM Council Testimony;Planning Department RE:BILL2822 CAUTION:This email originated from outside the CountyofKauai.Do not click links oropen attachments even ifthe sender is known to you unless it is something you were expecting. County Councll <councntesfimony@kaua1.gov> Planmng Commission <p1anmngdepartment@kaua1.gov> RE:BILL 2822 Aloha Counci'1 Members and Planm'ng Commissioners, I/we are writing in support of Bill 2822 wh-ich 1s back on the Planmng Commission Agenda for September 14,2021. I/we strongly believe that commerci'al developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commerdal or resort use. Open Space is the most valuable asset of our beautiful -island.Protecting Kaua'i 1s now up to you.Our preci'ous resources and infrastructure cannot handle more tourist accommodations. I/we respectfully request that you vote to pass Bill 2822 as quickly as posslble. with Aloha, Patrici'a Dryden 4141 Lei O Papa Road,#16,Pnncevllle,HI 96722 pjdryden52@yahoo.com l.^.^1 « ^f^ Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Jessica Gormley <jadelily@me.com> Thursday,September 9,2021 8:28 AM Planning Department ikamaile@gmail.com Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha' 1 am a member of the Kilauea community and 1 am concerned about Nikoku.Please protect Crater Hill and require the proposed building to be smaller,further down the mountain and limit excavation into the hillside.This is a place of ecological,cultural and community significance.The seabirds are depending on you! Thank you for your consideration in this matter, Jessica Gormley f.^.^.^ SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: mparry@zianet.com Thursday,September 9,2021 3:00 PM Council Testimony Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and PlanningCommissioners, We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. We respectfully request that you vote to pass Bill 2822 as quickly as possible. Mahalo, Mike and Sue Parry 4141 Lei O Papa Rd,#11 Princeville,Hl 96722 ^^.^.^% SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To; Cc: Subject: Paula Holland <pbholland2017@gmail.com> Thursday,September 9,2021 4:46 PM Planning Department Council Testimony Please save Kauai's Open Space -Pass Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, 1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercially developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is a valuable asset of our beautiful island.It allows the aina and its people to renew and regenerate. Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible. WithAloha, Paula Holland 3780Edward Rd #5201 Princeville Sent from my iPhone 222 ^^.^.^»T ISEP14 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Tommy Thompson <tommyt2@icloud.com> Friday,September 10,2021 10:51 AM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL 2822<BRxBR>Aloha Council Members and Planning Commissioners,<BRxBR>l/we are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.<BRxBR>l/we strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. <BRxBR>l/we respectfully request that you vote to pass Bill 2822 as quickly as possible. We don't want a trailer park in our community <BRxBR>With Aloha,<BRxBR>Tommy Thompson 3880 Wyllie Road APT 5C Princeville Hl 96722-5517 (808)826-5584 T'ommyThompson 3880 Wyllie Road APT5C Princeville Hl 96722-5517 (808)826-5584 209 ^:^.^.^ StP \^2021 Kristen Romuar-Cabico From: Sent: To: Subject: Cheryl Haines <cherhaines@gmail.com> Friday,September 10,2021 1:05 PM Council Testimony;Planning Department Please vote to pass Bill 2822 on Tuesday CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Council Members and Planning Commissioners, I am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. 1 strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.The crowds we've been experiencing this summer illustrate that we need more places for residents and visitors to be able to enjoy the beauty of our island,not fewer.We cannot afford to have our designated open spaces developed. 1/we respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Cheryl Haines 5086 Napookala Cir. Princeville,Hl ^^.^.<s^. 206 SEP 1 4 2021 <& Kristen Romuar-Cabico From: Sent: To: Subject: Forrest John V <jackforrest13@gmail.com> Friday,September 10,2021 2:12 PM Planning Department Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Kauai Planning Commission: The owners of the Makai golf course in Princeville have told the community that their only mandate of significance is to increase profitability for shareholders.Eliminating precious open space in our carefully planned community is not of importance to them.Kauai can be given to developers to be the next Miami Beach or preserved with irreplaceable open spaces for future generations.This is not a question of desperately needed jobs or affordable housing for our citizens but one of money for a few non-Kauains versus destroying the open spaces which make our community beautiful and a joy to all of us in Princeville and on Kauai. Pleasevotefor8ill2822. Mahalo, John Forrest 4100Queen Emma's Dr Princeville JACK FORREST iackforrest13@amail.com f:-^.^^. SEP 1 4 2021 203 Kristen Romuar-Cabico From: Sent: To: Subject: joyb35@aol.com Friday,September 10,2021 2:19 PM Planning Departnnent Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Kauai Planning Commission: The owners of the Makai golf course in Princeville have told the community that their only mandate of significance is to increase profitability for shareholders.Eliminating precious open space in our carefully planned community is not of importance to them.Kauai can be given to developers to be the next Miami Beach or presen/ed with irreplaceable open spaces for future generations.This is not a question of desperately needed Jobs or affordable houslng for our cltizens but one of money for a few non-Kauains versus destroying the open spaces which make our community beautiful and a Joy to all of us in Princeville and on Kauai. Please vote for Bill 2822. Mahalo, Joy Brahmst 4100 Queen Emma's DrApt.36 Princeville,Hl 96722 jp^^ff^ SEP 1 4 m'i ^ 202 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Lorraine Mull <lorrainemull808@gmail.com> Friday,September 10,2021 2:32 PM John V Forrest Planning Department Re:Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. You are so eloquent!!!Thank you so much!Would you considertestifying publicly on Tuesday moming at 8:30 aloha time.You have a commanding voice and are soooo well spoken!LMK because you need to register 24 hours in advance.I'm going to try and send a list of people to testify so as to make it easier.... Hugs, L On Sep 10,2021,at 2:11 PM,Forrest John V <iackforrestl3@email.com>wrote: To the Kauai Planning Commission: The owners of the Makai golf course in Princeville have told the community that their only mandate of significance is to increase profitability for shareholders.Eliminating precious open space in our carefully planned community is not of importance to them.Kauai can be given to developers to be the next Miami Beach or preserved with irreplaceable open spaces for future generations.This is not a question of desperately needed jobs or affordable housing for our citizens but one of money for a few non- Kauains versus destroying the open spaces which make our community beautiful and a joy to all of us in Princeville and on Kauai. Please vote for Bill 2822. Mahalo, John Forrest 4100 Queen Emma's Dr Princeville JACK FORREST iackforrestl 3 @amail.com 201 y;.^.^.^t. ^P f 4 202? Kristen Romuar-Cabico From: Sent: To: Subject: Kathie Gmail <drkathieh@gmail.com> Saturday,September 11,2021 7:35 AM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, 1/we are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. 1/we strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1/we respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha,Kathleen Hafner,5144 Napo'okala,Princeville Sent from my iPad 197 ^:^.^.6o SEP 1 4 2U21. Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Larry Day <lmday69@gmail.com> Saturday,September 11,2021 7:55 AM Planning Department Anne Day Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. As homeowners on Kauai and in Princeville since 1987,we support the planning commissions Bill 2822 to prohibit commercial developed campgrounds on open space as is being "planned"by Starwood on the woods golf course open space in Princeville.The only justifiable reason for this plan is corporate greed.Princeville and the northshore do not need 50 more cars per day on our roads or an insane plan to put camping structures on open space. Larryand Anne Day Larry M Day 858 675 3602 See our Kauai Heart Home Rental Video "Hylulani" 196 ^z^^\ SEP 1 4 23^1 I., ® Kristen Romuar-Cabico From: Sent: To: Subject: Douglas Ludolph <d-cludolph@att.net> Saturday,September 11,2021 10:55 AM Planning Department Open Space CAUTION:This email originated from outside the County of Kauai,Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To:Princeville Planning Commission, As Princeville home owners we support Bill 2822,which prohibits "commercial developed campgrounds on Open Space. Please consider this Bill and pass it to keep our open land free. Mahalo, Doug and Cheryl Ludolph 186 ^.^.^w S£P ?^^^ Kristen Romuar-Cabico From: Sent: To: Subject: lisa insalata <lminsalata@gmail.com> Saturday,September 11,2021 11:51 AM Planning Department SAVE OPEN SPACE CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Please prohibit commercially developed campgrounds and support Bill 2822! Glamping in Princeville would be a disaster environmentally,not to mention a traffic nightmare.How much $does Starwood need to make in one lifetime anyway??? Thank you! Lisa Insalata I.isa Insalata Wuddinii'i "Eat Drink ancl Be Marricd' Cell-415.755.8302 P.0.Box 839 Hanalei.Hl.96714 Kauai-weddingpianner.com, st 181 ^.^. ^-(^* SEP \4 2021 (^ Kristen Romuar-Cabico From: Sent: To: Subject: Gary Mahon <garymahon62@gmail.com> Saturday,September 11,2021 11:56 AM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless It is something you were expecting. RE:BILL2822 Aloha Council Membersand PlanningCommissioners, 1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. /respectfully reguest that you vote to pass Bill 2822 as ouickly as possible. With Aloha, Gary Mahon 180 "^.^.^4? SEP \4 2021i Kristen Romuar-Cabico From: Sent: To: Subject: Catherine Steinmann <catherine.steinmann@me.com> Saturday,September 11,2021 11:59 AM Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is somethhg you were expecting. Aloha Council Members and Planning Commissioners, I am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. 1 strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use.The noise level would be intolerable for the surrounding homes let alone the amount of trash that would attract rats,vermin and wild pigs. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Catherine Steinmann 2291 Kahili Quarry Rd,Kilauea. Catherine Steinmann https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.catherinesteinmann.com&c=E,l,yTOhOrKtUqJhydObsnGTE 116xB3hdCsOkhORZHWUONHf7iPLmvPeRIE3cU_p_P5GqL4X_rTIVgHoTLRJM4V09YP6B9i_AUSWdEZSh76ghxqzden6vjHp k5-&typo=l "There is no such a thing as taking too much time,because your soul is in that picture"Ruth Bernhard 179 ^^.^.(^5 SEP 14 2021 fe) Kristen Romuar-Cabico From: Sent: To: Subject: Debbie Goodwin <kauaihonoiki@icloud.com> Saturday,September 11,2021 12:02 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners.1/we are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.1/we strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.1/we respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Debbie Goodwin DannySlater 3928 Mokoi st LihueHi 96766 Sentfrom my iphone 177 ^.(<^ SEP 1 4 2021 Kristen Romuar-Cabico From; Sent: To: Subject: Fran.Andy <frandyhome@gmail.com> Saturday,September 11,2021 12:07 PM Council Testimony;Planning Department In support of Bill 2822's passage CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Council Members and Planning Commissioners, We are writing in support of Bill 2822 which the Planning Commission will be reviewing for the second time on September 14,2021. We strongly believe that commercial developed campgrounds should NOT be allowed on Open- zoned land and for that matter,should be tightly controlled going forward no matter what zoning area might be selected for their development. As so many are now asking across the state,when is enough tourist development enough?That question is no longer hypothetical,but is now a real concern to the future quality of life and very existence ofa livable Kaua'i. Continued over-development oftourism is making this beautiful islandjust one more place on the list of ravaged destinations found around the world.It is not "Disneyland",where visitors pay their entrance fee,and expect the "night shift"to clean up after them,ready for the next day's visitors.Kaua'i is the home to people who either by birth or by choice,have chosen Kaua'i for its special and unique environment,culture and Aloha.Ifwe continue to fall for the developer's sales pitch of "everything will be better for you after we build OUR development,we are simply not willing to acknowledge our history or the lessons we learn each and every day as we traverse this small,stressed and overly compressed island community. After its people,Open space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you,our county leadership.Our precious resources and infrastructure cannot handle more tourist accommodations. We humbly ask that you vote to pass Bill 2822 so that we can finally draw a line on limiting future tourist development in favor of the true needs of our existing community. With Aloha and much trepidation as to what will happen if Bill 2822 does not pass. Sincerely yours,-Andy &Fran White Kaua'i residents 176 ^^,.^.^. SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Stefan Ennals <zinaz@mac.com> Saturday,September 11,2021 12:52 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expectlng. RE:BILL2822 Aloha Council Members and Planning Commissioners, We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. We respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Stefan Ennals &Ina Tio-Ennals 174 f?^.^Ce>^. SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Carolyn Padgett <drbirdheart@gmail.com> Saturday,September 11,2021 1:20 PM Planning Department Fwd:PLEASE PASS BILL 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unfess it is something you were expecting. Subject:PLEASE PASS BILL 2822 Aloha Planners 1 know this is a big decision for you,and we are counting on you to get it right.Resort expansion disguised as developed campgrounds is not in the best interest of the residents of the island nor its visitors.It will only bolster the coffers of mega-wealthy foreign investors intent on developing any last bit of open space they can make money from.Giving a few holes on a golf course will not appease them.Winston Churchill once said "An appeaser is one who feeds the crocodile hoping it will eat him last."Don't feed the crocodile,please. We are counting on you to help preserve the open space that we moved here to enjoy and that tourists come here to experience.Kauai is special because if has remained more open,we can see the nenes and the albatross on the golf course,and see the Milky Way at night.We already have one Mauai and one Honolulu.We don't need to make Kauai another overdeveloped tourist area that shuffles people through without adequate infrastructure to take care of them.Instead,let's focus on making Kauai a magical place so that when people come here it is beautiful and comfortable. Please help us preserve what is special about this island we call home. Vote Yes on Bill 2822.If there turns out to be an imperfection in the bill,it can always be amended it in the future,but time is of the essence so please pass the bill now. Mahalo foryour efforts in making Kauai wonderful! Carolyn Burkhardt-Padgett MD Sent from my iPad 171 -R-^.^.fc^- SEP 1 4 2021 ^ Kristen Romuar-Cabico From: Sent: To: Subject: Dave &Lisa Vitorelo <lvitorelo@gmail.com> Saturday,September 11,2021 1:36 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Re Bill 2822 Aloha Council Members and Planning Commissioners, 1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset ofour beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible. Lisa Vitorelo lvitorelo@gmail.com Sent from my iPad 169 r.^.^10 ^) S£P \4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Jessica Schilling <jessicaschilling808@gmail.com> Saturday,September 11,2021 1:42 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, 1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible. WithAloha, Jessica Schilling 4100 Queen Emma Drive #24 Princeville,Hi 96722 Sent from my iPhone 168 T^.^.^.'»' ^?4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: ROSEMARIE STONE <kemperstone@aol.com> Saturday,September 11,2021 2:13 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expectlng. RE:BILL2822 Aloha Council Members and Planning Commissioners, 1/we are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. 1/we strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1/we respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Ronald and Rosemarie Stone 4141 Lei O Papa rd apt #39 Princeville,Hawaii. Sent from my iPad 165 p *•^•'"'"'(g) SEP \4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Linda Breitstone <lbs511@aol.com> Saturday,September 11,2021 2:14 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822. Aloha Council Members and Planning Commissioners,1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use.Open Space is the most valuable asset of our beautiful island. Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.1 respectfully request that you vote to pass Bill 2822 as quickly as possible. WithAloha, Linda Breitstone 4100 Queen Emma's Drive,Apt.76 PrincevilleHI.96722 Lbs511@aol.com 808-212-7676 164 ^.^A. SEP \4 ^' -l^. ^ Kristen Romuar-Cabico From: Sent: To: Subject: Nancy Mahon <yogaproytt@gmail.com> Saturday,September 11,2021 2:30 PM Planning Department Pass 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, 1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible. WithAloha, ^Gary mahon 163 P.^.^.-74T SEP 1 4 2021 <&) Kristen Romuar-Cabico From: Sent: To: Subject: Eric Wright <ericjohnwright@yahoo.com> Saturday,September 11,2021 3:02 PM Council Testimony:Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL 2822<BRxBR>Aloha Council Members and Planning Commissioners,<BRxBR>We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.<BRxBR>We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.Kauai is so crowded now and the last thing needed here is junky building code defying housing and or resort accommodations that make a mockery ofthe dangers that winter storms and hurricanes bring. We respectfully request that you vote to pass Bill 2822 as quickly as possible. Not moving immediately to pass Bill 2822 will be a historical disaster for Kauai. And will set a negative precedence for the rest ofthe state.The world is watching. Sincerely Eric Wright and (his Mom,)Jane Wright Princeville <BRxBR><BRxBR> Sent from my iPhone v.^.a.1'*^ 161 SEP 1.4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: akiko sakagami <akikosakagami@me.com> Saturday,September 11,2021 3:43 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Council Members and Planning Commissioners, We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. We respectfully request that you vote to pass Bill 2822 as quickly as possible. Mahalo nui loa, Akiko and Nobumasa Sakagami 4141 Lei O Papa Rd,Apt25,Princeville,H196722 159 T=^.<».-»^ g^t .1 ..L^i €) Kristen Romuar-Cabico From: Sent: To: Cc: Subject: mandyjowett <mandyjowett@yahoo.com> Saturday,September 11,2021 3:47 PM Planning Department mandyjowett;Jim Jowett Support Bill 2822 CAUTION:This email orlginated from outside the County of Kauai.Do not click links or open attachments even If the sender Is known to you unless it is something you were expecting. To Whom It May Concem, As property owners in Princeville,my husband and I support Bill 2822.We love the quality of life here and green space!Any glamping on the island,especially on the North Shore,will negatively effect both.We already must deal with limited parking,noise and traffic congestion.With roads as they are,especially Hanalei Hill,it would be crazy and irresponsible to open the flood gates to more development in our remaining green space.As it is our roads can barely,and sometimes can't,handle the traffic that exits now. Thank you for your consideration, Mandy and Jim Jowett Hale Honu 9B f=:.^.^.T7.<S) 158 SEP 1 4 Kristen Romuar-Cabico From: Sent: To: Subject: Susan Mings <suemings@mac.com> Saturday,September 11,2021 3:55 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL 2822<BRxBR>Aloha Council Members and Planning Commissioners,<BRxBR>l/we are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.<BRxBR>l/we strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. <BRxBR>l/we respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, @@@@ REPLACE THIS LINE WITH YOUR NAME AND ADDRESS @@@(S) Sue Mings HanaleiBayVillas#26 Sent from my iPad ^^.A 18 SEP 1 4 2021 157 Kristen Romuar-Cabico From: Sent: To: Subject: Robin Yost <58robiny@gmail.com> Saturday,September 11,2021 4:15 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, 1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Robin Yost Kapaa,Hawaii f.^.^^ SEPH 156 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Sylvia Partridge <sylpartridge@yahoo.com> Saturday,September 11,2021 4:33 PM Planning Department Sylvia Partridge Planning Commission -Testimony re Bill 2822 -strongly support CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commlssion, I strongly support BU1 2822 which would restrict use of permlts for a campground on open space zoned propertles -—that is,no glamping or extra hotel rooms on open space propertles in Princeville and on the entu-e Island. Thanks for considering this point of view from someone who Uves right on the open space in Princeville and who treasures that open space as a way to breathe fresh clean atr,and also to llmit the traffic congestion and overcrowding on beaches nearby. Sylvla Partridge 3800 Kamehameha Rd.,#22 Princevme,HI 96722 sylpartridge@yahoo.com f;-»^.w. SEP \4 2021^ 152 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Anne Thurston <athurston@irmt.org> Saturday,September 11,2021 4:43 PM Planning Department Council Members Please protect open space on Kauai by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Dear County Council Members and Planning Commissioners, 1 write in support of Bill 2822,which is on the Planning Commission Agenda for September 14,2021. 1 feel very strongly that commercially developed campgrounds should not be allowed on open-zoned land but should only be allowed on land zoned for commercial or resort use.Open space on Kaua'i is an essential and priceless asset, and all of us share responsibility for protecting it.Once it is lost,it cannot be replaced. We have now reached a tipping point:the island cannot accommodate more tourist accommodation,which would bring profit to mainland developers but would place an ever increasing burden on our infrastructure,for instance on our our roads and facilities for solid waste and wastewater treatment. Please vote to pass Bill 2822 as quickly as possible. With Aloha, Anne Thurston 3639 Keoniana Road Princeville,Hawaii 96722 151 ^.^.^•y. SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Janis Slack <jslack333@yahoo.com> Saturday,September 11,2021 4:46 PM Planning Department Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. 1 am Janis R.Slack,the owner of Villas of Kamali'i #7 on Lei o Papa Rd.in Princeville.I'm totally against the intention of the Starwood Capital Group of building a Glamping for-profit camground on the present Makai Woods golf/disc golf course.I have no problem with changing a traditional golf course into a disc golf course,but erecting glamping tents with additional accoutrements is totally against the original plans for Princeville.That land should remain forever free. Please urge the board members to vote on Bill 2822 to protect this land from becoming a glamping campground. I plan to attend the meeting on September 14 by zoom.You may use this letter as my registration for the meeting. Thankyou. Janis R.Slack Sentfrom myiPhone f.^A^ SEP 1 4 2021 150 Kristen Romuar-Cabico From: Sent: To: Subject: Ken Carlson <kauaifloweressences@gmail.com> Saturday,September 11,2021 5:32 PM Planning Department Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha PlanningCommissioners, 1 am expressing my support for Bill 2822.Commercial developed campgrounds should be prohibited on Open and Ag zoned space. Sincerely, Kenneth Carlson 147 ^-.•%.^.<<;». SEP'4 m(^ Kristen Romuar-Cabico From: Sent: To: Cc: Subject: lynne misajon <lynnemisajon@gmail.com> Saturday,September 11,2021 5:50 PM Planning Department Emmalani court Princeville Planning bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To whom may Concern: 1 am a resident of Princeville Hi. My address is: 5250 Ka HakuRd(t214 Princeville Hi.96722 I adamantly opposed to building,resurrecting or adding to any open space in Princeville.The main reason people choose to reside In this God given paradise is because it is OPEN and magnificent. Please hearmyplea, Carolyn&Roland Misajon 145 ;.^.^.5V. '4 202?^ Kristen Romuar-Cabico From: Sent: To: Subject: karla bailey <karlajbailey@hotmail.com> Saturday,September 11,2021 7:24 PM Planning Department Glamping in Princeville CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. 1am very opposed to allow glamping in Princeville.1 have been a north shore resident for almost 45 years.This is the most obnoxious and appalling idea that has ever surfaced for this island.Please look at the future in making your decision.Cheers and aloha...karla bailey Sentfrom my iPhone ^^.<T.<*^SEP 1 4 2021 141 Kristen Romuar-Cabico From: Sent: To: Subject: Mark Gauthier <mgauthier1@hawaii.rr.com> Saturday,September 11,2021 8:17 PM Planning Department Bill 2822,open zoning CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning dept.We wanted to let you know that developing land on Princeville golf course (Glamping)would be tragic on many levels:we are already over crowded on roads markets ,restaurants &more,All the thousands of people who bought here never knew or expected this could happen ,it was a master planned community with a golf course,we actually live on the woods course,we paid a lot more for land to be on course,1 am sure this will end up in court ifgolf course folks (Starwood Capital)try to do this now &in 2026 when course dedication runs out,These folks SGC are more interested in $than damage they would do do community &lifestyle on Princeville.We pray you guys have wisdom to help keep Kauai from being over cooked ,Blessings from Mark &Sage Gauthier,4181 Mahina,Princeville 139 ^^.^.^. SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subj'ect: Valorie Owen <v.owen2@icloud.com> Saturday,September 11,2021 9:56 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, 1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.1 strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use.Open Space is the most valuable asset of our beautiful island. Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.1 respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Valerie Owen Valerie Owen 4846 Emmalani Drive Princeville Sentfrom my iPhone (F ^.^.S-1 SEP 1 4 202! 134 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Walter Gesell <W.Gesell@gesell.com> Saturday,September 11,2021 10:15 PM Planning Department Elisabeth-Veronika Gesell Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. We respectfully request that you vote to pass Bill 2822 as quickly as possible. Aloha, Friedrich Walter and Elisabeth Gesell 5274 Honoiki Road Princeville,Hl 36722 133 f .^.4.«»• SEP \4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Rob Pollock <rpollockak@hotmail.com> Saturday,September 11,2021 10:28 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, 1 are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. 1 am writing in support of keeping AND maintaining Open Spaces for All of their community BENEFITS,including physical, educational,Nature-al,mental,emotional,and yes,financial benefits of maintaining open spaces for the enjoyment and health of Kauai's residents,children,Kupuna and visitors. Saving and Protecting open space is a MAJOR ECONOMIC Benefit to any community.In addition to the aesthetic, emotional and mental benefits,open spaces serve many other functions,including a quiet place to relax,exercise,de- stress and recharge.THESE BENEFITS ARE COMMUNITi^-WIDE.Healthier people mean a healthier community,with less hearth-related costs. Contrast this with developers who have purchased community parcels with valuable open space that they want to eradicate and develop.One such example its the Princeville One Hotel coproration's request to allow "Glamping— "glamorous camping,"on the (Princeville Woods golf course.1 ask you,who wants to camp on a golf course???? And,for Who and What??OUT-OF-TOWN and OUT-OF-STATE CORPORATIONS AND THEIR SHAREHOLDERS profiteers, who couldn't CARE LESS about Kauai's COMMUNITY OR IT'S Tax paying resident's,who depend on her Open Spaces??? Open Space is the most valuable asset of our beautiful island.Once it's allow it to be developed,IT'S GONE. Activities such as Glamping serves ONLY the owners and shareholders of that corporation-no one else,while at the same time destroying 50 MANY Community values,and DE-VALUING the RESENTS'LIVING EXPERIENCES,AS WELL AS THEIR PROPERTi'VALUES,WHICH DECREASES TAX REVENUE. Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. I respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, RobertG.Pollockjr. 4184 Mahina Place Princeville,Hl 131 f.^.^^! SEP \4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Janis Slack <jslack333@yahoo.com> Sunday,September 12,2021 2:35 AM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Council Members and Planning Commissioners,1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.1 strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use.Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.1 respectfully request that you vote to pass Bill 2822 as quickly as possible. Though my property is in Princeville,1 believe that Bill 2822 is important to pass to save all open land on the island of Kauai.There are so few places on earth that haven't been touched by overdevelopment.Please vote to save what is left of our beautiful island.Thank you. WithAloha, Janis R.Slack VillasofKamali'iff7 jslack333@yahoo.com Sent from my IPhone ^Dl.«^° 130 SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: David Smith <dascas@att.net> Sunday,September 12,2021 5:08 AM Council Testimony;Planning Department Mayor Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. RE:BILL 2822 Aloha Council Members and Planning Commissioners, 1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for Seplember 14,2021. I strongly beiieve that commercial developed campgrounds should NOT now or ever,be allowed on Open-zoned land and shoutd only be allowed on land zoned for commercial,resort or designated specitic campground use.Every time we allow more commercializalion on the Hawaiian Islands,we lose more of what has made Kaua'i so special.Let us keep guard and control what we are so fortunate lo have.As elecled officials,we have entrusted you with the fiduciary guardianship of ihis island,and hold you both individually and collectively responsible to prolect it. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannol handle more tourist accommodations and were never designed for Ihe unprecedented fevels of recent growth that are Jeopardizing the fragile naluraf environmental balance thal we have left. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible,and prolect our sacred lands. A property owner and visilor for over 50 years,David Smith,Managing Member,Uli Mahina LLC ^.o.fll• ^\4 20^ 128 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: MARIANNE MINOR <onlyminors@sbcglobal.net> Sunday,September 12,2021 7:56 AM Planning Department Council Testimony Please save Open Space by passing Bill 2822 CAUTION:This email onginated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it Is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. We respectfully request that you vote to pass Bill 2822 as quickly as possible. WithAloha, Ken and Marianne Minor 5100 Kuhina Place,Princeville 124 ?.o.^:^ ^P \4 20^^ Kristen Romuar-Cabico From: Sent: To: Subject: Hob Osterlund <hobosterlund@gmail.com> Sunday,September 12,2021 8:32 AM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, 1 am writing in support of Bill 2822,and in support of open space on Kaua i. I believe commercial developed campgrounds should be prohibited on open-zoned land,and that such campgrounds should only be allowed on land zoned for commercial or resort use. Open Space is such a vital asset of our beautiful island. I respectfully request that you do everything possible to support Bill 2822. Mahalo for your good work, Hob Osterlund 4209 Kina'u Place Princeville 121 ^.^.^ SEP \4 2021 ^ Kristen Romuar-Cabico From: Sent: To: Subject: Kirsten Knick <kirstenoctober@gmail.com> Sunday,September 12,2021 10:28 AM Council Testimony;Planning Department Support bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. 1 support bill 2822 and stand against glancing development.As a resident of north shore of Kauai 1 feel we need to preserve what we have. Mahalo, Kirsten Knick Kirsten Knick www.voluspamusic.com ^.<»A^. SEP 1 4 2021 ^ 117 Kristen Romuar-Cabico From: Sent: To: Subject: bwiednerrealtor@aol.com Sunday,September 12,2021 10:33 AM Council Testinnony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL 2822 Aloha Council Members and Planning Commissioners, I are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021 . I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Barbara Wiedner 1774PuuKaaSt Kapaa,Hl96746 808-635-2593 115 F.^.^^T SEP 1 4 2021 ^ Kristen Romuar-Cabico From: Sent: To: Subject: Grace Hodgson <gh.imakeart@gmail.com> Sunday,September 12,2021 11:17 AM Planning Department glamping CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. From:Grace Hodgson and Steve Perry Re:We strongly support Bill 2822 to maintain the open space that we now enjoy. Aloha PlanningCommission, —Westrongly support Bill 2822 which would restrict use ofpermits for a campground on open space zoned properties —that is,no glamping or extra hotel rooms on open space properties in Princeville and on the entire island. -Thanks for considering this point ofview from people who live right on the open space in Princeviile,who treasure our way of life and want to limit further traffic congestion on streets where our children live. Thankyou, Grace Hodgson and Steve Perry Grace Hodgson Grace Hodgson Eh.imakeart@Email.com website:www.imakeart.com travel blog:steveBracetravel.wordDress.com 808-635-2079 Art washes away from the soui the dust of everyday flfe. Pablo Picasso 112 f:^.^.^' S£P 1 ^^} Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Laura Ramirez <lauraramirez87@hotmajl.com> Sunday,September 12,2021 11:42 AM Planning Department Lurline Bettencourt Supportfor Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, I strongly support Bill 2822 to maintain open space and restrict the use of permits for a campground AKA glamping structures or extra hotel rooms in Princeville and on the entire island. Kaua'i is beautiful and special because of our open spaces and clean air,We cannot accommodate any more tourists without polluting the land and beaches and worsening the already insane amount of traffic congestion we locals suffer through in our daily lives as we try to get to work,bring our children to school,and make our way to important appointments. The proposed 50 one,two,and three bedroom "tents"with "luxurious en-suite bathrooms",full utilities,and individual fire pits consist of semi-permanent roofs,raised permanent floors,3 canvas sides and a locking glass slider will not be built to code and are a dangerous disaster waiting to happen.In the event of a hurricane or other severe weather incident,these tents will not survive and will be blown throughout the neighborhood with the potential for life- threatening catastrophic consequences and significant property damages to all the surrounding homes. The additional serious issues ofwater,drainage,sewage,garbage,noise,impact on endangered species,and other environmental concerns cannot be overlooked. The unbridled expansion of resorts is taking a severe toll on our quality of life,the affordability of housing,and the use and enjoyment of public spaces that we locals are being pushed out of.It must stop here with our open spaces. Mahalo, Laura Ramirez and the Bettencourt family 4510 Kawaihau Road Kapa'a,Kaua'i 96746 111 <^.^.^' SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: MICHAELSHANDLING <arttee@msn.com> Sunday,September 12,2021 11:42 AM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners,!am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use.Open Space is the most valuable asset of our beautiful island. Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Michael Shandling 3811 EdwardRoad #2302 Princeville,Hl 96722 Sent from my iPad ^.^.^.^- ^\4 2021 110 Kristen Romuar-Cabico From: Sent: To: Emmaleah Stauber <emmaleah@hawaii.edu> Sunday,September 12,2021 11:53 AM Planning Department CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, 1 strongly support Bill 2822 to maintain open space and restrict the use of permits for a campground AKA glamping structures or extra hotel rooms in Princeville and on the entire island. Kaua'i is beautiful and special because of our open spaces and clean air.We cannot accommodate any more tourists without polluting the land and beaches and worsening the already insane amount of traffic congestion we locals suffer through in our daily lives as we try to get to work,bring our children to school,and make our way to Important appointments. The proposed 50 one,two,and three bedroom "tents"with "luxurious en-suite bathrooms",full utilities,and individual fire pits consist of semi-permanent roofs,raised permanent floors,3 canvas sides and a locking glass slider will not be built to code and are a dangerous disaster waiting to happen.In the event of a hurricane or other severe weather incident,these tents will not sun/ive and will be blown throughout the neighborhood with the potential for life-threatening catastrophic consequences and significant property damages to all the surrounding homes. The additional serious issues of water,drainage,sewage,garbage,noise,impact on endangered species,and other environmental concerns cannot be overlooked. The unbridled expansion of resorts is taking a severe toll on our quality of life,the affordability of housing,and the use and enjoyment of public spaces that we locals are being pushed out of.It must stop here with our open spaces. Mahalo, Emmaleah Stauber 4510 Kawaihau Road Kapa'a,Kaua'i 96746 ^.^.^^ SEp 1 4 2021 109 Kristen Romuar-Cabico From: Sent: To: Subject: Missy Owens <missyilima@gmail.com> Sunday,September 12,2021 11:59 AM Planning Department In Support of Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Commissioners, I am writing in support of Bill 2822 as I'd like to raise my concerns regarding the proposed "glamping"luxury resort development/expansion in Princeville's green space. 1 strongly oppose the Starwood Capital/1 Hotel plan to build a high-end "glamping"resort (glamping units renting for $500-$1200 per night)with little to no regard for the island and it's residents.1 believe that passing Bill 2822 will help to preserve our island home for generations to come. Protecting open space and limiting development is vital to maintaining Kaua'i's resources and natural beauty.We do not need more luxury resorts,hotel rooms,orto be exploited by mainland venture capitalists/developers who are only trying to make a quick buck before they flip their properties in a few years. 1 respectfully request that you vote to pass Bill 2822. Mahaloforyourtime, Marie Owens (808)386-5057 ^4>.<».loo. I /'"••'•, 107 Kristen Romuar-Cabico From: Sent: To: Subject: Janet Ramatici <janetramat[ci@mac.corn> Sunday,September 12,2021 12:28 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, 1 urge you to consider the negative ramifications of allowing commercial developed campgrounds on Kauai s open-zoned land.The impact on our quality of life by allowing "Glamping"in residential neighborhoods cannot be underestimated.It makes sense and is totally appropriate to restrict this type of development to land zoned for commercial or resort use.. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.As the last few months have dramatically illustrated,our precious resources and infrastructure cannot handle more tourist accommodations. 1 respectfully request that you vote to pass Bill 2822 at your meeting this Tuesday,September 14.. With Aloha, Janet Ramatici 5081 Napo'okala Circle Princeville,Hl 96722 f.^.^.ioi. '(^SEP 1 4 2021 103 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Barbara Levin <blevinco@gmail.com> Sunday,September 12,2021 2:17 PM Planning Department Luke Evslin;Mason Chock Testimony Support for Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Dear Planning Commission members, We are writing to you to provide testimony in support of Bill 2822.We believe that Kauai's biggest asset is its beauty and open spaces.We believe that over-tourism is jeopardizing our ability to malama aina,and that any development of open space will contribute to over-,non-regenerative tourism. There are many,many additional reasons why we support Bill 2822,but instead of generic testimony we'd like to tell you our personal story. On my first trip to Kauai,1happened to wander in to the Tahiti Nui on my 30th birthday.They were closed for a private birthday party for a community elder,but when they learned it was my birthday they invited us to join and to this day it was one of the most magical days and evenings of my life.1 determined then and there that 1 would some day live here on Kauai's north shore. That was 37 years ago.When 1 met my partner Dave 18 years ago we took our first vacation together here,and from then on saved and worked and saved and worked and saved until we were able to make our dream come true and retire to Kauai.After renting for several years we purchased our townhome at Villas of Kamalii.We haven't been lounging drinking pina coladas and playing golf though.We've volunteered and tried to become useful members of the community. We've painted houses for Habitat for Humanity and volunteered for Friends of the Library.1 started the Ocean Friendly Visitors Program for Surfrider Kauai -helping tourists learn how to protect our ocean,beaches,reefs and marine life.We've met so many wonderful people and have developed strong friendships.We appreciate every morning that we wake up to the sound of birds and gentle showers.But now,Starwood Capital Group wants to build 50 glamping sites not too far from our front door in what is zoned as open space.They've clearly stated that they intend to build and sell -they have no interest in Princeville in the long-term.But what they'll leave in their dust is a once-cohesive supportive community bitterly divided.They'll leave noise and traffic and pollution.And when they leave,residents will also leave because the community and environment that we sought will no longer exist.We certainly would not stay because our road - which is designated to be the main road for the check-in lodge and parking shuttles -will become a traffic nightmare.And the noise from the "glamps"will make the quiet we came here for a thing 98 '^rl^l A iy!hsif^4 of the past.And certainly looking out at 50 glampsites instead of the beautiful green space is not what we worked for those many years. Given the terrible impacts we are seeing today from over-tourism,we believe that Bill 2822 is very necessary.It will prevent Starwood Capital Group from changing the very face and culture of the north shore,and developing even more tourist accommodations -which is the last thing we need. And more important,it will prevent other groups from attempting the same island-wide.We understand that visitors are the main economy here on Kauai,but we need to find ways to increase revenue from reasonable and manageable tourist numbers -not just allow development for more tourist accommodations at the expense of the open space and beauty that brought many of us to Kauai in the first place. Thank you for your consideration, Barbara Levin and David Zacarias 4141 Lei O Papa Rd #14 Princeville Hl 96722 99 Kristen Romuar-Cabico From: Sent: To: Subject: Jane E Schmitt <jes_sea@hawaii.rr.com> Sunday,September 12,2021 2:20 PM Planning Department Bill 2282 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even Ifthe sender is known to you unless it is something you were expecting. Aloha Kauai Planning Department, We are 18 year homeowners in Princeville and when we purchased our Honoiki Road lot in 1996,we specifically queried the Realtor about the chance for future development ofthe Makai course into more dwelling units.She assured us that this would not happen.As time has passed and ownership of Princeville &some of its assets have changed hands,we are in the disagreeable position of having to wage a fight with Starwood Capital over their proposed development of"Glamping"on the Woods course.The golf course and open spaces in Princeville are it's best features,aside from the ocean &mountain backdrop.Many of us moved here precisely because of the low density housing afforded by large swaths of Golf Course property,which accentuates the feeling of a rural community. We are adamantly opposed to any type of dwelling units;including tents,semi-permanent structures or other abodes.Please vote to preserve our Open Space! Jane Schmitt &Richard Crack 5370 Honoiki Road Princeville,Hl.96722 97 f.^.^.io^- SEP 1 4 202) Kristen Romuar-Cabico From: Sent: To: Subject: Alissa Kallenberg <alissa.pinkoski@gmail.com> Saturday,September 11,2021 11:01 AM Planning Department SupportforBill 2822 CAUTION:Thisemail originated from outsidetheCountyofKauai.Do not click links oropen attachments even ifthe sender is known to you unless it is something you were expecting. Dear Planning Department and to whom it may concern, I am a full time resident of Princeville,and 1 am writing to voice my support of Bill 2822. I support protecting the open space of Kaua'i,and 1 am opposed to the proposed Glamping on the current Makai course. Thank you for taking the time to read this. Sincerely, Alissa Kallenberg 185 F^^.^.lo+ SFP 1^021 ^ Kristen Romuar-Cabico From: Sent: To: Subject: Bill Schilling <bill@wymentor.com> Sunday,September 12,2021 3:03 PM Planning Department 2822 Position CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Yesterday 1 stood in the rain with a No Glamping sign by a stop sign.In two hours,1 counted 183 favorables,no negatives,and 203 no comment/drive by. 1 was surprised at how knowledgeable and fervent people were-surfers,workers going to the transfer station,visitors who said sue them,people asking for handouts,etc.If 1 was a member of the Commission or an elected official I'd be out and about to verify the community pulse. Please vote in favor of 2822. Bill Schilling,Princeville. Sent from my iPhone ^.^^.l^- S£P \4 2021 ^ 90 Kristen Romuar-Cabico From: Sent: To: Subject: Susan Wilson <kauaioceanview@gmail.com> Sunday,September 12,2021 3:25 PM Planning Department Bill #2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To:Council members and Planning Commissioners, 1 am in strong support of Bill #2822 which clearly states the below:: Bill #2822 specifies Kauai County will NOT allow Open-zoned lands to be used for commercial developed campgrounds, and that commercial developed campgrounds should ONLY be allowed on commercial and resort zoned lands. Kauai County Open-zoned lands are invaluable islandwide assets.Protecting Kauai open spaces from any and all further tourist accommodations honors our island's exceptional beauty.A vote for bill #2822 sends a very,very positive baseline message that residents,visitors and investors will respect and understand,i.e.: On Kauai,certain types of land use proposals belong in lands zoned appropriately to that use.Commercialization of Open-zoned lands is not an appropriate use of Kauai lands. Respectfully submitted, SusanA.Wilson Kauai resident ^^.^.lofe. SEP^202'i (J^ 87 Kristen Romuar-Cabico From: Sent: To: Subject: debbie schenker <debansch@yahoo.com> Sunday,September 12,2021 3:27 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822.Do not let Starwood destroy our beautiful neighborhood CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL 2822 Aloha Council Members and Planning Commissioners, we are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use.Open Space is the most valuable asset of our beautiful island. Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.We respectfully request that you vote to pass Bill 2822 as quickly as possible. WithAloha, DebbieSchenker 4771 Pepelani Loop,Unit 812 Princeville,Hl 96722 86 f^.^.tcrT. SEP 1 4 2021 ^ Kristen Romuar-Cabico From: Sent: To: Subject: Heidi Schroeder <heidihaunani@gmail.com> Sunday,September 12,2021 4:1 1 PM Council Testimony;Planning Department Please preserve Kauai's Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. We strongly believe that commercial developed campgrounds should NOT be allowed on open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. We respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Heidi &Fred Schroeder 5250 Ka Haku Road Princeville Hl 96722 83 f.^.^.io^ (^SEP1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Wally Wilson <wilson931 @comcast.net> Sunday,September 12,2021 4:42 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, 1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. I respectfully request that you vote to pass Bill 2822 as quickly as possible. WithAloha, Wallace Wilson wilson931@comcast.net 615-557-5829 4141 Queen Emmas Dr.Apt 21 Princeville,Hl.96722 76 ^alotSEP14?0?t Kristen Romuar-Cabico From: Sent: To: Subject: Jeff Mul!<mull.jeff@gmail.com> Sunday,September 12,2021 4:58 PM Planning Department Support for Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, As a resident of the North Shore,Im writing this email to express my support for Bill 2822.What makes the North Shore special is its green space.THere's no need to make further development.Protect the green.Support Bill 2822.Keep the North Shorespecial. Mahalo, Jeff ^^.^.110 SEP 1 4 2021 73 Kristen Romuar-Cabico From: Sent: To: Subject: Susan Wilson <kauaioceanview@gmail.com> Sunday,September 12,2021 5:14 PM Planning Department Re:Bill #2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. >On Sep 12,2021,at 3:25 PM,Susan Wilson <kauaioceanview@gmail.com>wrote: > >To:Council members and Planning Commissioners, > >I am in strong support of Bill #2822 which clearly states the below:: > >Bill #2822 specifies Kauai County will NOT allow Open-zoned lands to be used for commercial developed campgrounds, and that commercial developed campgrounds should ONLY be allowed on commercial and resort zoned lands. > >Kauai County Open-zoned lands are invaluable islandwide assets.Protecting Kauai open spaces from any and all further tourist accommodations honors our island's exceptional beauty.A vote for bill #2822 sends a very,very positive baseline message that residents,visitors and investors will respect and understand,i.e.: > >On Kauai,certain types of land use proposals belong in lands zoned appropriately to that use.Commercialization of Open-zoned lands is not an appropriate use of Kauai lands. > >Respectfully submitted, >Susan A.Wilson >Kauai resident I^.^.A 111. SEP1 4 2021^ 72 Kristen Romuar-Cabico From: Sent: To; Subject: Susan Wilson <kauaioceanview@gmail.com> Sunday,September 12,2021 5:19 PM Planning Department Re:Bill #2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. >On Sep 12,2021,at 3:25 PM,Susan Wilson <kauaioceanview@gmail.com>wrote: > >To:Council members and Planning Commissioners, > >1 am in strong support of Bill #2822 which clearly states the below:: > >Bill #2822 specifies Kauai County will NOT allow Open-zoned lands to be used for commercial developed campgrounds, and that commercial developed campgrounds should ONLY be allowed on commercial and resort zoned lands. > >Kauai County Open-zoned lands are invaluable islandwide assets.Protecting Kauai open spaces from any and all further tourist accommodations honors our island's exceptional beauty.A vote for bill #2822 sends a very,very positive baseline message that residents,visitors and investors will respect and understand,i.e.: > >On Kauai,certain types of land use proposals belong in lands zoned appropriately to that use.Commercialization of Open-zoned lands is not an appropriate use of Kauai lands. > >Respectfully submitted, >Susan A.Wilson >Kauai resident 71 ^^•^11^ ^1 4 2021^ Kristen Romuar-Cabico From: Sent: To: Subject: Shelly L <hanaleihula@yahoo.com> Sunday,September 12,2021 5:22 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. RE:BILL 2822 Aloha Council Members and Planning Commissioners, 1/we are writing in support of Bill 2822 whlch is back on the Planning Commission Agenda for September 14,2021 . 1/we strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the rnost valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle nnore tourist accommodatlons. 1/we respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Shelly Ludolph 5108Kuhina Place Princeville,Hi 96722 ^^a.u'5. SEP 1 4 2021 (^ 70 Kristen Romuar-Cabico From: Sent: To: Subject: Linda <lindasilverberg@nnsn.com> Sunday,September 12,2021 5:30 PM Planning Department Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha I totally support this bill and I am against commercial campgrounds of any kind on any of Kauai's open space People live on Kauai because of its beauty,vistas and open land that we can all enjoy.Please stop this developing of our land. Aloha, Linda f.^.^l4 S'EP 14 2021^ 68 Kristen Romuar-Cabico From: Sent: To: Subject: Karen Morales <karen@cig-pr.com> Sunday,September 12,2021 5:42 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. We respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Karen &Kenneth Morales 3994Aloali'i Dr.,Princeville Sent from my iPhone t=.^).^It^ SEP 1 ^202^i 67 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Jan Bernard <janetbernard@msn.com> Sunday,September 12,2021 5:50 PM Planning Department Gary Hooser;jyukimura Re:In support of Bill 2822,maintaining our open spaces! CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it Is something you were expecting. To:planningdepartment@kauai.gov From:Janet Bernard,35 year resident at 5014 Emmalani Drive,Princeville Re:1 am in strong support of Bill 2822 to maintain the open space that are currently ours.as residents,to enjoy. AIoha Planning Commission, -I strongly support Bill 2822 which would restrict use of permits for a campground on open space zoned properties.Yikes—that is,no glamping or extra hotel rooms on open space properties in Princeville and on the entire island. --Thank you so much for considering this point ofview from someone who lives near the open space in PrinceviIIe and who treasures that open space as a way to breathe fresh clean air,maintain current density,noise pollution,and security,as designed,and also to limit the traffic congestion in our community and overcrowding on nearbybeaches. BACKGROUND:The original Princeville Hotel was permitted to be built with 300 rooms and the hotel was completed with 300 rooms in 1986.Thereafter,a subsequent owner ofthe hotel,Qintex,consolidated some of the rooms into suites and the hotel is now comprised of 252 rooms.The new hotel owner,Starwood Capital Group (SCG")a private equity,venture capital fund,is presently asserting they should be allowed to expand their"lHotel"onto Holes 1,2,and 3 ofthe MakaiWoods GolfCourse (which is zoned "Open")to include 50 one,two,and three bedroom "tents"with "luxurious en-suite bathrooms",full utilities,individual fire pits that can be used for cooking,a hotel lobby,large recreational luau tent,and all hotel amenities.They justify this project on the basis that this project is "camping"which they assert is allowable on Open space.They also assert they are allowed the additional 50 transient accommodation facilities because they were originally permitted for 300 rooms. These tents which consist ofsemi-permanent roofs,raised permanent floors,3 canvas sides and a locking glass slider will not be built to code;in the event ofa hurricane or other severe weather incident,these tents will not survive and will be blown throughout the neighborhood with the potential for life-threatening catastrophic consequences and significant property damages to all the surrounding homes.The additional issues oftraffic,water,drainage,sewage,noise,impact on endangered species,and other environmental concerns are consequential as well. However,ofbigger consequence for all the communities on the North Shore is the potential expansion of transient accommodations options.The unbridled expansion ofresorts is taking a severe toll on our quality of life,the affordability of housing,traffic,noise,trampled beaches and public spaces,and our fragile environment.COULDN'T AGREE MORE.LET'S KEEP OPEN SPACE OPEN! Respectfully, Janet C.Bernard (Resident) 5014 Emmalani Drive 65 l^^.^.ll^ SEP \4 2021 PrincevilIe.HI 96722 Sent from Mail for Windows 66 Kristen Romuar-Cabico From: Sent: To: Subject: Andrea Slevin <silverslev1@gmail.com> Sunday,September 12,2021 6:55 PM jyukimura;Planning Department IN STRONG SUPPORT OF BILL 2822-SAVE OUT OPEN SPACE! CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. In support of Bill 2822,maintaining our open spaces! To:planningdepartment@kauai.gov I am in strong support of Bill 28221 to maintain the open spaces that are currently ours,as residents,to enjoy. Aloha PIanning Commission, -I strongly support Bill 2822 which would restrict use of permits for a campground on open space zoned properties. --Absolutely N0 glamping or extra hotel rooms on open space properties in Princeville or anywhere on the island. We appreciate you so much for considering this point ofview from someone who has lived on Kauai for 16 years and see how special our wonderful island is. We need to cherish it,protect it and care for it as best we can. We need to maintain and retain the precious public open spaces we have. Please help to keep open spaces open all over the island of Kauai forALLtoenjoy. With respect and appreciation, Andrea Slevin 56 f.^.a.\rt SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Donna Resort Properties <donna@resortpropertiespaciftc.com> Sunday,September 12,2021 7:21 PM Planning Department support for bill 2822 CAUTION:This email originated from outsidethe County of Kauai.Do not click links oropen attachments even ifthe senderis known to you untess it is something you were expecting. I support bill 2822.This is the way forward to prevent more vacation rentals on the North Shore and around the island. Please help in keeping Kauai the special place that we love. Donna Holevoet,BROKER Resort Properties of the Pacific,LLC Call or text 808-635-6500 Office:808- 826-4280 www.resortDroDertiesDacific.com 52 f^^-."% SEP 14 202^ Kristen Romuar-Cabico From: Sent: To: Subject: bob-marion@hawaiiantel.net Sunday,September 12,2021 8:03 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL 2822 Aloha Council Members and Planning Commissioners, We have been residents of Kauai since 1987. We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. We respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Robert and Marion McHenry 3609 Kaweonui Rd Princeville r.^.^.114 SEP 1 4 2021 48 Kristen Romuar-Cabico From: Sent: To: Subject: janice mckeachern <janicennckeachern@gmail.com> Sunday,September 12,2021 8:30 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, I am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Janice McKeachern 4186 Waileia Pl Princeville,Hl 96722 ^•^y^ SEP 1 4 2021, 45 Kristen Romuar-Cabico From: Sent: To: Subj'ect: radkauai@aol.com Sunday,September 12,2021 8:40 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Council Members and Planning Commissioners, 1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. 1 strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Conrad Mathews 4186WaileiaPI Princevilte,Hl 96722 42 ^•^.^ SEP \^^{ Kristen Romuar-Cabico From: Sent: To: Subject: Ronald Wright <rgwright@me.com> Sunday,September 12,2021 9:21 PM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, 1 am the President of the Alii Kai II Board of Directors.1 represent 56 condominium owners including over 1000 timeshare owners.We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodation. We respectfully request that you vote to pass Bill 2822 as quickly as possible. With much Aloha, Ron Wright President Alii Kai II 3830 Edward Road Princeville Hl 96723 36 ,.a.w> SEP \4 w?11 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: rick.debra.kauai@gmail.com Sunday,September 12,2021 10:22 PM Planning Department Council Testimony Bill2811 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Council Members and Planning Commissioners, We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. We respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Debra Drayton 4019 Kaikio Ewa Place Princeville,Hl 96722 Virus-free.www.avast.com 32 ^3 A IT3; SE.P 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subj'ect: david platshon <platshon@gmail.com> Sunday,September 12,2021 11:58 PM Council Testimony;Planning Department Please vote to pass Bill 2822 on Tues CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Council Members and Planning Commissioners, I am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.We need more open spaces not less for our residents and visitors to enjoy. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, David Platshon 5086v Napookala Clrcle PVL,Hi 96722 28 <>.^.Y>4- SEP 1 <»2'^ Kristen Romuar-Cabico From: Sent: To: Subject: Joanne Little <joannelittle@hawaii.rr.com> Monday,September 13,2021 5:40 AM Council Testimony;Planning Department Please save Open Space by passing Bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:BILL2822 Aloha Council Members and Planning Commissioners, I am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021. I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use. Open Space is the most valuable asset of our beautiful island. Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations. 1 respectfully request that you vote to pass Bill 2822 as quickly as possible. With Aloha, Joanne Little 4209 Kinau Place Princeville,Hl 96722 ^a.t^^- Q£P \4 2021 20 Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Maylette Garces <maylette@princevillecommunity.com> Friday,September 10,2021 6:45 PM Planning Department Bill 2822 -written testimony 2021_09_10 Bill 2822 PHCA Comment Letter.pdf CAUTION:Thls email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, Attached is written testimony from the Princeville at Hanalei Community Association for the continued Public Hearing of Bill 2822 by the Planning Commission at its September 14,2021 meeting. Thank you. Maylette Garces General Manager Princeville Community Association (PhlCA) (808)977-8714 |mavlette@Drincevillecommunitv.com P.0.Box 223277,Princeville,Hl 96722 The PHCA office is open with restrictions to curb COVID-19 spread.Appointments are strongly encouraged and masks are required. For Patrol,please call (808)826-6181. ^-l^.0.12(0. ^EP 1 4 2021 Princeville -^-Commimity Association Enhancirtg ihe Qutiiity nfUfa ancJ PnncevUk'Espcnencefor it,\Memhc^ September13,2021 VM E-MAIL:BlanninadeiiartmenttSMauai.vov Planning Commission Donna Apisa,Chairperson,by Ka'aina S.Hull.Clerk ofthe Commlssion c/o County of Kaua'i Planning Department Re:Kaua'i County Bill 2822,ZA-2021-2 (September 14,2021 Planning Commission Meeting) Chairperson Apisa and Planning Commission Members: Princeville at Hanalei Community Association {PHCA)respectfully submits comments regarding Bill 2822. PHCA is comprised of almost 3,000 owners and residents who share common facilities within the master-planned Princeville community,Starwood Capital Group (S(a/wood),whose affiliates own 1 Hotel Hanalei Bay and the Makai Golf Course in Princeville,has proposed a luxury "glamorous camping"or '"glamping"proj'ect on land that is currently operated as three holes ofthe Woods Course portion of the Makai Golf Course.The proposed proj'ect site is adjacent to homes owned by some PHCA members It is also located in the Open District under the County of Kaua'i Comprehensive Zoning Ordinance and would be affected if Bill 2822 were passed into law. PHCA's individual members hold different opinions regarding Starwood's proposed glamping project. All ofPHCA'3 members,however,share a common goal ofpreserving open spacesin Princeville,both in the immediate future and in the long term.PHCA appreciates the opportunity to participate in the legislative process in furtherance ofthat goal Respectfully, Princeville at Hanatel Community Association By. Sam George.President.Board ofDir P O Bo.\223277.Ilnnccvilli;,Hl 96722 •(808)826-6687 •info»prtnccvillticummunity com •www.princcvillucommunity.cum Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Beryl Blaich <punab4@gmail.com> Friday,September 10,2021 6:17 PM Planning Department Support for Bill 2822 Blaich Support for Bill 2822.docx CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, My testimony ifor the hearing on September 14th is attached. Thank you, Beryl Blaich ^,3.«.l^ SEP \4 2021 Strong Support for Bill 2822 September 10,2021 Dear Chairperson Apisa and Members ofthe Planning Commission: There is one upside to the incompatible and opportunistic proposal to develop commercial camping for visitors on three holes of the Woods Golf Course at Princeville:The proposal has opened our eyes to larger frightening possibilities of spreading a new type of visitor accommodation onto the County's Agriculture and Open Districts. The bill before the Planning Commission would prohibit commercial camping in the Open District.It closes a loophole we had not perceived. The purposes of the Open District are distinct and essential. The Open District is established and regulated to create and maintain an adequate and functional amount of predominantly open land to provide for the recreational and aesthetic needs of the community or to provide for the effective functioning of land,air,water,plant and animal systems or communities. On the North Shore,a substantial portion of the coastal land -the beach residences all along Hanalei Bay for instance -are in the Open District.What would prevent owners of large properties from establishing commercial campsites?Staying in an luxury "tent"would be a desirable and less expensive alternative to urban resort accommodations and even in and extra bedroom (Airbnb).What a super cool surf camp someone could develop!Or a "healthing"camp -with yoga,massage,etc. The KTIauea River Valley property owned by Charles Somers contains about 140 acres of open district land.This acreage is also overlaid with Scenic and Resource Special Treatment District zoning and by a conservation easement that extinguished a potential of 32 residential lots.1 fear that even these layers of "protection"would not preclude commercial camping. 1 do have one caution.There are long established camping facilities for residents on the North Shore and in other Open District land throughout Kaua'i.YMCA Camp Naue is one.These camps serve families,students,halau,and other community groups.They are run by not for profit organizations.We must ensure that these existing campgrounds will not be restricted by this bill and that more such community camping facilities can be established on Open District lands in the future. 1 am grateful to the Council Council for addressing the need to prohibit developed commercial camping in the Open District.I hope the Planning Commission will approve this amendment to the CZO. Respectfully and with aloha, Beryl Blaich PO Box 1434 Kllauea,Hl 96754 Kristen Romuar-Cabico From: Sent: To: Subject: Claire Vierkoetter <kkw@hawaiiantel.net> Monday,September 13,2021 7:49 AM Planning Department bill 2822 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To:planningdepartment@kauai.gov From:Claire Vierkoetter -47 year resident ofPrinceville Re:I strongly support of Bill 2822 to maintain the open space that are currently ours,as residents,to enjoy. AIoha Planning Commission, I strongly support Bill 2822 which would restrict the use ofpermits for a campground on open space zoned properties.Specifically,no glamping or extra hotel rooms on open space properties in Princeville and on the entire island. Thank you for considering this as 1 and many other residents treasure the open space as a way to breathe fresh clean air,maintain current density,noise pollution,and security,as designed,and also to limit the traffic congestion in our community and overcrowding on nearbybeaches,the walk/jog path,and neighborhood roads which visitors frequently walk and jog on. Mahalo nui CIaire Vierkoetter Sent from Mail for Windows st This email has been checked for viruses by Avast antivirus software. www.avast.com ^.^.0.p«- 10 SEP 1 4 2021 Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: teresa tico <haenagirl@gmail.com> Monday,September 13,2021 8:23 AM Planning Department In Support of Bill 2822 SDCA_Ltr to KCC re-Bill 2044_20201124_0001.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Kaua'i Planning Commissioners: I am writing in support of Bill 2822 which will prohibit "commercial developed campgrounds"on Open and Ag zoned space.Afterall,Kaua'i is known as the Garden Island and we should prioritize green space,open space corridors,and parklands.Our scenic and open spaces are the reason visitors from around the world come to the island and the reason residents can enjoya healthy,outdoor lifestyle. The purpose of The Kaua'i Comprehensive Zoning Ordinance is "to promote development that is compatible with the island's scenic beauty and environment and to preclude inadequate,harmful or disruptive conditions that may prove detrimental to the social and economic well-being ofthe residents of Kaua'i." Bill 2822 isentirelycompatiblewiththe Kaua'i CZOand protectsthe intentofthe CZO. While some current developers believe Bill 2822 is aimed at preventing them from fulfilling their development intentions,that is not the case.The County of Kauai has always endeavored to preserve open space.Over 17 years ago, bill 2044 was before the County Council for consideration of similar concerns regarding open space.Unfortunately,the bill was misplaced somewhere in the County coffers.Please see my attached letter to the County Council regarding Bill 2044.Bill 2822 is a necessary improvement over Bill 2044,and it is long overdue.Please pass the bill.Let's keep Kaua'i Kaua'i. Aloha, Teresa Tico P.0.Box220 Hanalei,Hl 96714 Tel.(808)639-9080 ^r^.a l^ SEP 1 4 2021 c=^resa^^o A t t o n y November 24,2020 County Council Members County of Kauai 4396 RiceSt.,Suite 201 Lihue,HI 96766 RE:Council Meeting,November 25,2020 Agenda Item E.3 Bill No.2044 Senl via email to:counciltestimony@council.gov Dear Council Members: I am writing on behalfofthe Sunset Drive Community Association at Princeville,County ofHawaii,in regard to the above referenced agenda item. We are requesting that you defer action or,alternatively,revise and resubmit the bill for consideration.At the very least,your constituents deserve to know why this bill disappeared from the agenda some seventeen (17)years ago,purportedly due to a clerical error according to the Planning Director's memo dated June 26,2020. Bill 2044 has a long history and the issues it addresses will not go away by deeming it obsolete.As you may be aware,the landowner,Starwood Capital Group,has expressed a desire to develop a portion of the subject property,the Woods Golf Course at Princeville, into a 50 unit luxury camping resort.While that developer would be pleased to have the draft bill disappear,allowing this action could be viewed as not being representative of the will ofthe people nor the original intent ofthe Princeville developer,Eagle County Development Corporation (ECDC),who represented for decades that the golf courses and open space would remain greenbelt areas in perpetuity.Numerous property sales were based upon that representation.Indeed,Princeville requested and received the benefit of tax breaks.Based upon our archival research,we firmly believe the golfcourses and open space areas were intended to remain in permanent open space. Most likely you have not had the opportunity to read all of the public testimony from the hearing on January 14,2003.It is worthy ofyour time and attention.The testimony gives a broad picture ofhow Princeville Realty Corporation,a wholly owned subsidiary of Princeville Corporation,marketed sales on its representations that the opens spaces and golfcourses would always remain greenbelt areas.Speaker after speaker,some ofwhom are no longer with us,testified they were shown topo maps and brochures that showed the greenbelt areas,and how they were promised the greenbelts would remain in perpetuity. P.0.Box 220 www.teresatico.com A LAW CORPORATION Hanalci,Hawaii 96714 808 639 9080 haenagirl@gmail.com Kauai County Council 11/24/2020 page2 According to one testifier,the EIS for the Phase I Master Plan states that in regard to Open zoned properties,the units available are "zero."The Phase I Subdivision Agreement entered into between the County and EDCD required that all improvements and utilities for the subdivision be completed by December 1971.No infrastructure was provided for residential or commercial use in any ofthe greenbelt valleys or golfcourses. The EIS shows the density for areas designated open as "zero." Another speaker testified that Doug Hoyt,the attorney for ECDC,represented the golf courses and open space areas in Phase I were "dedicated to green belt purposes.On November 11,1971,he wrote to the County asking for a tax break on the open space areas because "land which must be kept in Open space has little value." While I don't wish to summarize every speaker's testimony,the written and verbal testimony ofWalter Lewis (now deceased)is informative.According to Mr.Lewis,"All buyers were told the green belt,golf course and parks would remain green forever." I urge you to read the written testimony of Mr.Lewis,starting on page 4 1 of the public hearing transcript you were provided. As Mr.Lewis wrote in his 2003 testimony,"Ifthe corporation now claims that it wants the right to engorge its revenues by selling or improving the property it said it would never seek to develop,its conduct is outrageous and every property owner in Princeville can and should vigorously object to the unconscionable position that the corporation is taking." The problem is,since 2003,the golfcourse has been sold,apparently without the buyers knowing ECDC intended and represented that it remain a greenbelt in perpetuity.Or, perhaps the disclosure was made and the current owner chose to hire some smart lawyers to find a loophole that would allow them to dishonor the original intent and profit off opportunistic legal arguments. The argument ofthe developer's attorney in 2003,that the golfcourse should be developed because it is zoned Open and the Princeville property owners recourse is to sue ECDC for damages,is specious.On the contrary,ECDC acted disingenuously when it failed to disclose to the golf course buyers that the greenbelts were always intended to remain greenbelt,in perpetuity.The golfcourse and open spaces should remain in greenbelt and the golfcourse buyers are the ones who should sue for damages if,indeed, the disclosure was not made. Kauai County Council 11/24/2020 page3 However you look at the issue,it should be the original intent ofthe developer that prevails.The original intention,clearly,was to provide a balance ofdensity with open space—550acres ofdensity and 450 acres ofgreenbelt in perpetuity.Princeville was marketed upon this premise.The reputation of Princeville was built upon this promise. As one ofthe 2003 speakers said,"I bought there because ofthe glamour ofthe lovely open spaces and was assured they would remain so." We do not believe bill 2044 is the equivalent ofa zoning amendment.We believe it was intended to clarify the original intended zoning density despite the Open zoning designation (that is another matter to be investigated as many believe the zoning was the result of'a draftsman's oversight").In a June 14,2002,Memorandum to Council Members,then Chair Ron Kouchi wrote about the proposed bill 2044,"The purpose of this proposed bill is to clarify that CZO "Open"District designations within the original Princeville Phase I development (Phase I)were not intended to carry any residential density." We respectfully request that you defer action on the disposition ofbill 2044 or, alternatively,revise and resubmit it for reconsideration. Thank you for your consideration. Sincerely, L ^t i s^- Teresa Tico )1 <—> DEPARTMENT OF PLANNING KA'AINA HULL,DIRECTOR JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR DEREK S.K.KAWAKAMI,MAYOR MICHAELA.DAHILIG.MANAGING DIRECTOR SUPPLEMENT#2TO PLANNING DIRECTOR'S REPORT RE: APPLICANT: Class IV Zoning Permit Class IV-2022-1 UsePermit U-2022-1 Special Management Area Use Permit SMA(U)-2022-1 PHILIP J.GREEN AND LINDA M.GREEN Attached for the Planning Commission's reference is supplemental information as follows: Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter w.Letter x.Letter y.Letter z.Letter a. b. c. d. e. f. g. h. I. J. k. I. m. n. o. p. q. r. s. t. u. V. (9/13/2021)from Eric Perlman. (9/13/2021)from Hannah Moriarty. (9/13/2021)from Sarah Bilyeu. (9/13/2021)from Erica Taniguchi. (9/13/2021)from Sonrisa Stepath. (9/13/2021)from Katherine Ralston. (9/13/2021)from Kapua Chandler. (9/13/2021)from Nicki Lorayn Pignoli. (9/13/2021)from Julie Pavao. (9/13/2021)from Christopher Skabo. (9/13/2021)from Dominique Cordy. (9/13/2021)from Mary Lu Kelley. (9/13/2021)from Lindsey Fritz. (9/13/2021)from Michael loanna. (9/13/2021)from Afsheen Siddiqi. (9/13/2021)from Irena. (9/13/2021)from Chris Schumacher. (9/13/2021)from Mehana Blaich Vaughan. (Undated)from Anaualeikupuna and Piinaemalina Vaughan. (9/13/2021)from Christopher Skabo. (9/14/2021,9:51 am)fromjonathan Kissida. (9/14/2021,1:53 pm)from Jonathan Kissida. (9/14/2021)from Judy Waite. (9/14/2021)from Kayla Matsushima. (9/14/2021)from Kaniela Mastsuhima. (9/20/2021)from Hayley K.Ham Young-Giorgio. 4444 Rice Street,Suite A473 •Lihu'e,Hawai'i 96766 •(808)241 -4050 (b) An Equal Opportunity Employer CIass IV Zoning pcimit Z-IV-2022-1 UsePermit U-2022-1 Special Management Area Use Pennit SMA(U)-2022-1 Supplement #2 to Director's Report PHILIP J.GREEN AND LINDA M.GREEN f=l.a.'. OC 12 6 2021 By Romio Idica Staff Planner Date:ko.2i>.'2.o2-> Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Eric Perlman <edavidperl@gmail.com> Monday,September 13,2021 9:06 AM Plannjng Department Eric Perlman Crater Hill is of Ecological and cultural importance CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Members of the Kaua'i Planning Commission: It has come to my attention that there is a proposed development for a 12,000 square foot "home"to be built on the upper slope of Crater Hill.1 am writing to oppose this project as it will impact and harm the nesting areas of sea birds that use this precious part of Kaua'i ,and for the relocating populations of sea birds that are in dire need to find nestlng sites,due to habitat loss from rising sea levels due to climate change,disappearing atolls and islands throughout the Pacific.I have been privileged to come to Kaua'i several times and assists researchers in albatross,shearwater preservation and population studies several times over the last decade,and have been on thls location working with theseendangered species.Theyare a wondrousand unique beautywhose existencewe muststeward ,ashuman behavior has led to their demlse.Please help preserve the rare disappearing habitats from further development. Extlnct is forever.Human real estate can be located in less ecologically (and culturally)precious areas. Thank you for your urgent consideration. Sincerely, Dr Eric D Perlman 845 750 8890 cell 37 Kristen Romuar-Cabico From: Sent: To: Subject: Hannah Moriarty <hannahmoriarty@hotniail.com Monday,September 13,2021 9:22 AM Planning Department NIHOKU (Crater Hill)Proposed Home Opposition CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Hannah Moriarty and 1 grew up at the KTIauea Lighthouse as my father was the refuge manager there.My father,my family and the entire community of KTIauea worked tirelessly to expand the Refuge to include Nihoku in the 1980s to expand and preserve the habitat for native coastal plants and nesting seabirds.1 also volunteer weekly at the Refuge assisting in native plant preservation.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of Kilauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua' With much aloha, Hannah Moriarty 36 Kristen Romuar-Cabico From: Sent: To: Subject: Sarah Bilyeu <KaPali808@hotmail.com> Monday,September 13,2021 9:31 AM Planning Department Testimony Regarding Sea Cljff Plantation Subdivision Lot 11 -A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua i Planning Commissioners,Director,Deputy Director and Staff: Aloha mai kakou, My name is Kapali Bilyeu and I'm testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site. In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits. Na'u me ka mahalo, Na Kapali Bilyeu Sent from Outlook 35 Kristen Romuar-Cabico From: Sent: To: Subject: Erica Taniguchi <anuheamiti@yahoo.com> Monday,September 13,2021 10:0/AM Planning Department Testimony re SMA permit for Sea cliff Plantation Lot 1 1 -A CAUTtON:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha planning Chair Apisa,vice chair Cox,honorable Kauai planning commissioners,Director,Deputy Director,and staff, My name is Erica Taniguchi,Anahola resident,born and raised on Kauai,1 am writing you to testify in opposition to the requested special management area use permlt,use permit,and class IV zoning permit for Sea Cliff plantation lot 11-Aat Nihoku. The Nihoku area is culturally and environmentally significant and sensitive.It is a famed wahi pana of Hawaii,and home and nesting area of several endangered native birds,our moli,uau kani,koae,and purple.Nihoku is also a place that many in the community,including myself and 2 sons,enjoy as a source of tranquility and place to connect with nature and observe our native birds.As such,the area has been classified as an area deserving of "special management".The Kilauea community has worked for over 40 years to preserve the mountainside of Nihoku from djsturbance.The proposed house development is over 12,000 square feet at the highest point ofthe ofthe property, excessively close to the bird sanctuary and further degrading the natural environment of a peaceful area we all enjoy.. In addition to the main 12,000 square foot house,the proposal includes a guest house,pool,covered lanais,garage, port cochere,and driveways that bring the total print in the land to over 30,000 square feetl This is painful.It feels like yet another "hotel-like"development in our small residential communities,further dlsplacing our generational ohanas and native species with insensitive developments and all ofthe negative economic and environmental impacts that follow. We respectfully ask that this request be denied,and the developer consider significantly downsizing the size of the development,and moving its location to a lower point on the property so as to minimize its environmental impact. Mahalo all ofyou foryourtime and efforts in reviewingthesetestimoniesand making decisions thatwill protect Kauai's environment forour futuregenerations.This island truly is unique and irreplaceable.It is deservingofexceptional care,preservation and management. Aloha,Erica Taniguchi 34 Kristen Romuar-Cabico From: Seiit: To: Subject: Sonrisa Stepath <sonrisastepath@yahoo.com> Monday,September 13,2021 10:1 1 AM Planning Department Testimony about Crater Hill CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Sonrisa Stepath.Nihoku (Crater Hill)is important to my family and 1 because it is a unique natural and critical environment and also has great cultural and historical significance.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i. With much aloha, Sonrisa Stepath 33 Kristen Romuar-Cabico Froin: Sent: To: Subject: Katherine R <missralston@gmail.com> Monday,September 13,2021 10:59 AM Planning Department Community input CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners, Director,Deputy Director and Staff: My name is Katherine Ralston.I am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zonjng Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site. However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. Sincerely, Katherine Ralston 30 Kristen Romuar-Cabico From: Sent: To: Subject: Kapua Chandler <kapua@ucla.edu> Monday,September 13,20^1 11:1<?AM Planning Department Oral Testimony Agenda Item 2A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission, My name is Kapua Chandler and I would like to submit oral testimony tomorrow on Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A.My phone number is 808-639-6248 and email is kapua@ucla.edu. Mahalo, Kapua Chandler Kapua L.Chandler,Ph.D.(KTIauea,Ko'olau,Kaua'i) /ka 'olelo no ke ola,i ka 'olelo no ka make. In langiiage there is life,in language there is death. -Mary Kawena Pukul 29 Kristen Romuar-Cabico From: Sent: To: Subject: nickilorayn@aol.com Monday,September 13,2021 12:21 PM Planning Department Proposed house in Seacliff submitted to Planning Commission CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox &Honorable Planning Commission Members. I am submitting this letter in opposition to the development of the (Sreen property in Seacliff as currently proposed &submitted to you. Nihoku(Crater Hill)is important to me and my ohana because of its cultural <&ecological significance.It has been an orea actively protected by the Kilauea community.With the late Senator Daniel Inouye's help the Kilauea community rallied &prevented the development of the makai ridge of Nihoku overlooking Kilauea Point National Wildlife Refuge.We are now asking again for development in this area to be carefully considered in light of its -fragile &important ecosystem. I am concerned that the development of this house in this location and as proposed would negatively affect many native seabirds now calling this area home.A\so it would forever change the experience of this important place for our children &for future generations. The house as designed is too large &too high up Nihoku in a sensitive area that should be protected. I am respectfully asking you to deny these permits as submitted. Thank you for all you continue to do for our community. Nicki Lorayn Pi'9noli 2535 Lili'uokalani St Kilauea 808652-5558 23 Kristen Romuar-Cabico From: Seitt: To: Subject: Pavao,;ulie <Julie.Pavao@vacationclub.com> Monday,September 13,2021 '^:3b PM Planning Department Protect Nihoku -Kilauea CAUTiON:This email originated from outside the County of Kauai,Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua 'i Planning Commissioners,Director,Deputy Director and Staff: My name is Julie Pavao.1 am testifying in opposition to the requested Special Management area Use Permit, Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique valueforthe public. We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivityofthe site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to denythe requested permits. Mahalo for your time and attention. Jiilie l-'a\ao 22 Kristen Romuar-Cabico From: Sent: To: Subject: Christopher Skabo <christopher.skabo@k12.hi.us> Monday,September 13,2021 12:53 PM Planning Department Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Nihoku 4th_Grade Kilauea ElementarvSchool We would like to share our Nihoku Jamboard with the planning commission in our effort to help preserve the area for futuregenerations. Mahalo,Mr.Skabo's 4th Grade Kilauea Elementary This is a staff email account managed by Hawaii Department Of Education School District.This email and any files transmitted with it are confidential and intended solelyforthe use ofthe individual orentityto whom theyare addressed.Ifyou have received this email in error please notify the sender. 21 Kristen Romuar-Cabico From: Sent: To: Subject: Dominique Cordy <dominique@huliauapaa.org> Monday,September 13,2021 1:^1 PM Planning Department Testimony in opposition to SMA for Sea Clif Plantation Lot 11 -A CAUTION:This email originated from outside the County of Kauai,Oo not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Dominique Cordy.Nihoku (Crater Hill)is important to my family and 1 because we are part of a group who holds a cultural access permit there.We kilo at important dates during the year and our entire family has held Makahiki ceremonies there with other community ohana.1 am concerned that the proposed house has not considered cultural and religious practices that are traditional in the area and that are ongoing today.1 am worried that as proposed there would be an impact to seabirds who call the area home.1 also feel like the permitting process for this proposed residence has not adequately considered Criterion E of Chapter 6E,when assessing potential effects to cultural properties.1 feel in fact that the studies done have failed to accurately consider impacts tradtional cultural practices and historic properties in the area. 1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house.At the very least until an adequate 1)Cultural Impact Assessment (CIA)is done,one that actually consults with and interviews traditonal cultural practitioners,kupuna,and knowledge area ohana;and 2)Archaeological Assessment is done that doesnt ignore Criterion D of the National Historic PReservation Act (NHPA)as applicable in State Law,Chapter6E. 1 realize that in most residential permits these surveys and studies can seem like overkill in the permit process, but if they are done and done well,especially for CDUP,then the community would have consulted upon and been in the know much earlier in this process.Such meaningful consultation allows for a better process for us, the community,you the commissioners,and the potential land developers. Thank you so much for all you do for our island of Kaua'i. Me Ka Haahaa, Dominique Leu Cordy,MA Huliauapaa Standards &Innovations Officer,&WKIP Instructor Kipuka Kuleana Board Member Kaliuokapaakai Collective Aha Kuapapa (Steering Committee)member Kilauea Community member 20 Kristen Romuar-Cabico From: Sent: To: Subject: Importance: mkelley323@gmail.com Monday,September 13,2021 2:56 PM Planning Department RE:Opposed to the extra large house planned for Nihoku -Crater High CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting, Aloha, Crater Hill is: •A wahi pana (storied and sacred space)that perpetuates stories of the Ko'olau and Halele'a area •Home to one of the most important bird nesting sltes in h-lawai'i (molT,ua'u kani,nene,pueo) •A vital vista and place of relaxation for KTIauea area 'ohana 1 am opposed to building a 12,000 square foot house on the upper slope of Nihoku -Crater Hill,with over 30,000 square feet of developed area (pool,port cochere,guest house,garage,driveways and covered lanais). This house would be the highest possible structure on the mountain and the closest to the bird sanctuary Please decrease the size of the proposed house and move it substantially lower would reduce impact on the current landscape.Either that or refuse permission to build. Thankyou, Mary Lu Kelley P.O.Box 289,3644 Lawaiuka Road Lawai,Hl 96765 18 Kristen Romuar-Cabico From: Sent: To: Subject: Lindsey Fritz <lnoelani@me.com> Monday,September 13,2021 2:58 PM Planning Department Testimony:Nihoku Kilauea (Crater Hill) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you untess it is something you were expecting. Aloha Planning Department and land owners of the proposed 30,000 square foot development on the upper slope of Nihoku (Crater Hill), My parents have lived in Kilauea almost my entire life and we love and value the community that has nurtured our lives. 1 understand how amazing it must be for you to have this opportunity to build your dream estate however I've heard you care about and are willing to work with the community so please understand that everyone loves Kilauea for it's country lifestyle.The beautiful mountain views and majestic ocean cliffs surroundlng the town are breathtaking and little by little they keep getting developed and as more time goes by there are fewer and fewer open spaces,Please do not be the one to take such a significantchunkoutofthe landscape.Large developments can beseenasa sore reminder of the encroachment on the natural surroundings which make Kaua'i what it is.Please also consider your encroachment on the animals who have called this wildlife refuge home long before all of us.Make us all proud that you're not just another developer doing their own thing and please show that you actually care about our community and keep It small and camouflage. Mahalo r 17 Kristen Romuar-Cabico From: Sent: To: Subject: Michael loanna <michaelhanapono@icloud.com> Monday,September 13,2021 6:15 PM Planning Department Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i. CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you uniess it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners, Director,Deputy Director and Staff: My name is Michael loanna.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits,Thank you for your time and attention. Sincerely,Michael loanna Concerned Kilauea resident Sent from my iPad 12 Kristen Romuar-Cabico From: Sent: To: Subject: Afsheen Siddiqi <afsheenahmad@yahoo.com> Monday,September 13,2021 9:42 PM Planning Department Testimony:AGENDA ITEM:2.New Agency Hearing a.SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV ZONING PERMIT (Z-IV-2022-1),and USE PERMITfU-2022-1) CAUTION:This email originated from outside the Countv of Kauai.Do not click links or open attachments even if the sender is known to you unless Jt is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorabte Kaua'i Planning Commissioners: My name is Afsheen Siddiqi.1 am concerned about the proposed house planned to be built on Nihoku as it could impact seabirds who call the area home.Seabirds are impacted by human infrastructure and lighting and the proposed house is in too close proximity to nesting endangered seabirds.1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i. With much aloha, Afsheen Kristen Romuar-Cabico From: Sent: To: Subject: Importance: Irena <irenabliss@gmail.com> Tuesday,September 14,2021 2:40 AM Planning Department Please Protect Nihoku High CAUTION;This emaif originated from outside the CountyofKauai.Do not click links oropen attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: I am writing to ask the planning commission to please deny permits to build the proposed house on Nihoku (Crater Hill). 1 am deeply concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations ol Kilauea and Kaua'i young people.t feel it is important to consider that: •Nihoku is the crater which gives KTIauea (meaning "spewing,"like the active volcano)its name.It is culturally significant to all of Hawai'i in stories,chants and hula for Pele. •The lot adjoins vltal sea bird nesting areas for albatross,shearwater,petrel,koa'e (tropjc birds)and more. Crater Hill is a needed relocation site for bird populattons from the northwest Hawaiian islands whose habitat is shrinking due to sea levelrise. •The property is within a county natural land use designation,open zoning and a Scenic/Ecologic Resources (ST-R)special treatment district area.This requires the Commission to protect land and water areas with unique natural forms,biologic systems,and characteristics of significance and value to the general public. •Proposed excavation into the steep hillside would be damaging due to the area's sensitive geology and vulnerability to erosion.The footprint of the house is much too large and located too high for this sensitive site. •The KTIauea community has worked to protect the slopes of Nihoku from development for over forty years. The proposed house would forever impact the views and feeling of a place that area 'ohana love and enjoy together. The proposed house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all. Please deny permits to build the proposed house. Matialo nui for all you do for beautiful Kaua'i. With much aloha, Irena Kristen Romuar-Cabico From: Sent: To: Subject: Chris Schumacher <chris.kauai@gmall.com> Tuesday,September 14,2021 6:14 AM Planning Department Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is Chris Schumacher.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The planned house would create a huge footprint that will remain for our lifetimes.Please consider the amount of gentlemens'estates that have been recently built on the North Shore and the impacts that this type of development has on local families. Thank you for serving Kauai through your difficult position on the commission. Mahalo, Chris Schumacher Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Mehana Vaughan <mehana@hawaii.edu> Monday,September 13,2021 9:25 AM Planning Department Testimony on item #2a -9/14 hearing,proposed house on Nihoku Pi'ina'e Vaughan testimony Nihoku.docx;Nihoku testimony Vaughan.docx CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting, September 12,2021 Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners, Director,Deputy Director and Staff: My name is Mehana Vaughan.1 have lived in KTIauea all my life,just across the plateau from Nihoku. My husband and 1 are raising our three children in KTIauea and our 'ohana spends extensive time weeding and teaching about the area.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A. 1 have been engaged in negotiations with the Green's surrounding the circumstances oftheir proposed home and 1 would first like to say that they are good people.Unlike many applicants who come before you,the Green's are not recent arrivals,but upstanding members of the KTIauea community for over a decade,who participate in community organizations and contribute to multiple community causes. The issue at hand today is not the applicant but how the planning commission can fulfill your obligations to protect the significant cultural and ecological resources of Nihoku in perpetuity. Nihoku,from base to crest,soils to soaring manu,Mokolea to Wowoni,is a wahi pana,a storied and sacred space unique in all of Hawai'i.It is the volcanic crater which gives KTIauea our name,producing the ash that continues to nourish cultivation of surrounding areas.It is the primary place on the KTIauea plateau untouched by the bulldozing and intense land use of sugar,whose highest fields ended just across the street from the subject parcel.It is our guardian mountain,with its ao po'o muku wind, which splits the predominant clouds and weather rolling from the north-east,sending rains toward the mountains,and the Kauape'a wind to sea.This single mauna,with its eroding crater and stories of the voyages and interactions of Pele and her siblings,brings together both the youngest and olders parts of our Jsland chain,from the active caldera of the other KTIauea,to the eroding kupuna islands of the north west. 1 have been fortunate to bring many groups to Nihoku over the years,and am always amazed by how this place touches them.1 have watched hula practitioners on their way to uniki ceremonies at Ke Ahu a Laka heiau in Ha'ena pause to oli and hula for Pele as iwa swirl above.Kaua'i leaders in training sit just above the proposed home site,looking out at the view to silently contemplate next steps in their journey.And KTIauea school kids eagerly point out homes in Kllauea town,understanding their bike ride to school,grandma s house and the soccer field,their lives,in a whole new way from above.1 ve watched teenagers whose Friday night lights have been compromised to protect shearwaters get down on their hands and knees to see one for the first time eye to eye,exclaiming,"Aunty,there's an egg!" Just last week 1 weeded aside a newly nine year old who has worked at NihokO her entire life,pulling prickly lantana to make space for nene nesting.Giggling she told me,"Aren't the birds going to be surpised when they see what we did!" Those testifying today and working to protect Nihoku are following in the footsteps of past generations of Kilaueans,from the three stone sisters who continue to stand watch over Crater Hill today,to the leaders of our parents'time who formed the Kilauea Neighborhood Association,intervened against the Sea Cliff Plantation Development,and worked to acquire the existing refuge lands of Nihoku.They 1. 2. 3. 4. 5. 6. were forced to compromise in many ways because the powers that be and organizations asked to help at the time,did not see the value these KTIaueans saw in the place.Once the place was protected, howevor,its ecological value quickly became apparent.The birds began to return in large numbers,to nest and to thrive.Cultural practices were also able to flourish once again,to be rediscovered, retaught,and now shared for the keiki of KTIauea.The set backs and conditions negotiated in the 1980s should not be interpreted as firm lines that applicants build right up to the very edges of,but as hard-won acknowledgements of the sensitivity and significance of this site,the need for continued protection. With climate change,foresight and erring on the side of caution is ever more vital as rainfall,flooding and fires intensify on open lands.Sea birds and other endangered and threatened species in the area, such as ope'ape'a (Hawaiian hoary bats)are increasingly losing existing habitat due to development, sea level rise,feral cats in the mountains.Pueo are already endangered on the island of O'ahu,and currently bejng considered for endangered species listing across all the island s of Hawai'i including Kaua'i where they have been dying in large numbers for undetermined reasons.These ground nesting field hunters would be impacted by the proposed development.As these species increasingly need to seek refuge at Nihoku we are reminded to look beyond the conflnes of what this place is now,to all it will need to shelter in the future. Our key concerns center on: •Impact on the scenic viewplanes and experience of this essential landmark and place of respite for KTIaueans. •Impact on multiple traditional and customary practices documented and ongoing on the site. •Impacts on drainage,run off,and the integrity of the fragile geology of the area from extensive excavation,driveways,stone walls,roofs,and all ofthe projected construction and site improvements •Impacts on seabirds and other species,at a time when climate change and other impacts beg expanded habitat and protected buffers,not encroachment on existing nesting sites. •The inappropriateness of the proposed house plans for the site and surrounding scenic and ecological areas due to its size and location. We have consistently requested the following mitigations as minimum requirements to make it possible for a house to be built in this area without irreparably damaging the site: Decrease the size of the house Minimize excavation and grading into the hillside Move the house down the mountain to the lower 4.3 acre CPR unit,further from the refuge Lowerthe roofline Combine thc two CPR lots within the TMK so that it remains one large property with one house and owner,preventing subsequent sale of the second lot and possible further development. Perpetual protection for the land such as a conservation easement with the Hawai'i Land Trust or donation to expand the refuge This is not a last minute effort to stop a project already in keeping with existing land use designations and zoning laws.Thc town plan recognizes its essential view scapes.The 2020 goneral plan,adoptcd in 2018,designates the area as Natural,"stating that "Areas designated as Natural have either limited development capacity or are not suitable for development due to topography,hazards vulnerability, sensitive resources,and other constraints.Very few residential uses are found in the Natural designation and are generally not encouraged."The land is zoned open,and located within the special management area.Lastly,the land carries a special treatment district overlay requiring that the Planning Commission ensure that development within ...recognizes,preserves,maintains,and contributes to the enhancement of those characteristics of particutar significance or value to the general public (because of unique or critical cultural,physical or locational characteristics).In this case, within the resource special treatment district,those unique characteristics are scenic and ecological, including unique natural forms,biologic systems,or aesthetic characteristics which are of particular significance and value to the general public.No ecological studies have been conducted to ascertain impacts of the proposed development on the site. Further,this commission and the county of Kaua'i have an affirmative constitutional duty to preserve and protect native Hawaiian traditional and customary rights.Even if there are no current evidence of TCP existing on the property,native Hawaiians with legitimate claims may still assert these rights because the Supreme Court has held that these rights are not abandoned because of lack of use.Thus if there is evidence of past TCP use,i.e.fishing trail,kilo spots,native plants used for traditional practices,presence of significant cultural resources such as birds,there should be greater inquiry.In this case all ofthe above exist,along with ongoing and uninterrupted cultural practice.This is a challenging area of law in Hawai'i and we congratulate the Kaua'i Planning Department on your efforts to enhance decision-making and analysis to fulfill this vital constitutional trust duty for Hawai'i. The Kilauea Neighborhood Association submitted a letter supporting the project,and also urging that concerns of many community members be addressed "in a manner that satisfies all KTIaueans and allows us to thrive and move forward into the future as one unified community."Please consider all testimony submitted on this matter as indicative of broad concern and community opposition to this project.We look forward to continuing to work with the Green's to seek resolutions to these challenging issues and seek pono for this place.We will continue to keep all channels of communication with the Green's open and urge all working for protection ofthis place to engage with both the place and the landowner with respect and aloha. Mahalo to Kaua'i Planning Department staff and leadership for the high quality work you do with such dilligence and to you -members of the Commission -for your time,attention and dedication to quality decision making for the future of Kaua'i's 'aina. With sincerest aloha, Mehana Blaich Vaughan B]ia8i@ii3BaiaiB®@@;i ^^Wssi&S.l.S Aloha Members of the Ptanning Commission, Mahalo for reading our letter to Mr.and Mrs.Green about their proposed house. Dear Mr.and Mrs.Green, We liked visiting where you are hoping to build your house. Nihoku is a birds house,a refuge,where birds tive.It's not a human's property.It's not the most ideal place.Nihoku is unique for its Sea birds,and also for it's cultural practices performed on it's beatiful land. You have alot of space to build on and it wouldn't hurt even the littlest bit to build further down.It woutd also be an advantige for everyone because,for example,you would be more protected from the weather and stilt have a magnifisent view and we wouldn't see your house as we walk up Nihoku. Nihoku is a place where traditional celebrations such as Makahiki,a practice that celebrates some of our most important Akua or Gods such as Lono is held. Ptease don't build your house on Nihoku because it is forthe birds not you.It Is for the community and for us,the keiki. Nihoku means alot to me like,family,It is a place to get away from people and a place to connect with the Aina.tt is atso a home away from home. 1 hope you decide not to build your house on our Mauna Nice meetingyou. Love,Anaualeikupuna and Pi'ina'emalina Vaughan Kristen Romuar-Cabico From: Sent: To: Subject; Attachments: Chnstopher Skabo <christopher.skabo@k12.hi.us> Monday,September U,202'i 10:1SAM Planning Department Nihoku Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Ptanning Commissioners^.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you untess it is something you were expecting. This is a staffemail account managed by Hawaii Department OfEducation School District.This email and any files transmitted with it are confidential and intended solely for the use ofthe individual or entity to whom they are addressed.Ifyou have received this email in error please notify the sender. Aloha Planning Commission Chair Apisa,Vice-Chair Cox/and Honorable Kaua i Planning Commissioners: Our class is in the Fourth Grade at Kilauea Elementary School.Nihoku (Crater Hill)is important to our class because it is a sacred/special place in our community and home to our seabirds/native plants.We are concerned that the proposed house woufd impact seabirds who call the area home.We also feel that itwould foreuer ruin the experlence ofthisvital place for future generations of KTIauea and Kaua'i young people.The house js much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.We are asking the planning commission to please deny permits to build the proposed house.Please consider this when you are developing this sacred area to our hearts.Our school has a special bond with this natural area where we have hiked,worked on native plant restoration,and protection of seabird nestlng Thank you so much for all you do for our island of Kaua'i.With much aloha, Mr.Skabo's Fourth Grade class Kilauea Elementary Kristen Romuar-Cabico From: Sent: To: Subject: Jonathan Kissida <jonathan.kissida@k12.hi.us> Tuesday,September 14,2021 9:51 AM Planning Department TestJmony on proposed Nihoku house CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Jonathan Kissida.Nihoku (Crater Hill)is important to my family and 1 because of the native seabirds,the beauty of the place,and the ability for my family and 1 to spend time outdoors in nature.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations ol KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Nihokd is a sacred bird sanctuary area and connects the significance of culture,stories,and chants associated with Pele.This is a truly inspiring opportunity to show students that social action can have an effect and that their voices and participation in our community matter. Thank you so much for all you do for our island of Kaua'i. With much aloha and appreciation for your time and consideration, Jonathan Kissida Concerned Kilauea Elementary School 6th grade teacher Jonathan Kissida Kilauea ElementarySchool Cell:8086408952 Outdoor student interested driven integrated learning httgs^ "Yeah,well,I've got a dream too.But it's about singing and dancing and making people happy.That's the kind of dream that gets better the more peopte you share it with.And well,I've found a whole bunch of friends who have the same dream.And it kind of makes us like a family."Kermit the Frog This is a staffemail account managed by Hawaii Department OfEducation School District.This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.Ifyou have received this email in error please notify the sender. Kristen Romuar-Cabico From: Sent: To: Subject: Jonathan Kissida <jonathan.kissida@k12.hi.us> Tuesday,September 14,2021 1:53 PM Planning Department Testimony on proposed Nfhoku house CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting, Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Jonathan Kissida.Nihoku (Crater Hill)is important to my family and 1 because my daughter and 1 ride bikes there and run,native birds have their families there,and it provides a place of refuge and nature for my ohana.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Nihoku is home to native and endangered birds and is connected with many of the stories of Kilauea and its creation by Pele. Thank you so much for all you do for our island of Kaua'i. With much aloha, Jonathan Kissida Concerned Kilauea Elementary School 6th grade student Jonathan Kissida Kilauea Elementary School Cell:8086408952 Outdoorstudent interested driven integrated learning https://www.donorschoose.orq/mrion "Yeah,well,I've got a dream too.But it's about singing and dancing and making people happy.That's the kind of dream that gets better the more people you share it with.And well,I've found a whole bunch of friends who have the same dream.And it kind of makes us like a family."Kermit the Frog This is astaffemail account managed byHawaii DepartmentOfEducation School District.This email and anyfiles transmitted with itare confidential and intended solely forthe useofthe individual or entityto whom theyare addressed.Ifyou have received this emai]in error please notify the sender. Kristen Romuar-Cabico From: Sent: To: Subject: Judy Waite <judyhula@icloud.com> Tuesday,September 14,2021 6:22 PM Plannjng Department Testimony CAUTION:This email originated from outside the County of Kauai.Do not click tinks or open attachments even jfthe sender is known to you unless it is something you were expecting. AGENDA ITEM:2.New Agency Hearing a.5PECIAL MANAGEMENT ABEA USE PERMIT |SMA(U)-2022-1).CLASS IV ZONIN6 PERMIT (Z.IV-2022-1),and USE PERMIT |U'202;-1|for the construclion ola farm dwelling unit,guest house,garageand associsted site improvements within Lot 11-A of the Seactiff Plantation Subdivision in Kitauea,involving 3 parcel siluated approximately 1,000 feet west of the Pali Moana Place/Makana'ano Place intersection,further identified as Tax Map Key:(4)5-2-004:084 (Unit 1)affecting 3 portion ofa larger parcel approximately 12,305 acres in size =PhillipJ.&Linda M.Green. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy DirectorandStaff; My name is Judy Waite.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.This land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public. 1 am a retired teacher who taught 6th grade at Kilauea School for 20 years.I've taken many schoolchildren to the slopes of Nihoku (Crater Hill)to observe the seabirds on the pristine quiet ofthe slope5.1 walk in the area every morning at dawn.This time ofyear,the shearwater fledglings are emerging from their nests for their first flight,right near the proposed house.There is a pueo who flies in the area directly above the proposed structure,patrolling what is now an open field in search of his breakfast.The proposed house and grounds would cover that entire field in development.Nihoku Is so important to our community,and to me,because the life found there is increasingly fragile, and beautiful.These birds have no other home,and are easily disturbed by human activity. This property is within a county natural land use designation,open zoning and a Scenic Ecologic Resources (ST-R)special treatment district area.This requires the Commission to protect land and water areas with unjque natural forms,biologic systems,or aesthetic characteristics of significance and value to the general public. 1 support the applicant's right to build on the site,but 1 feel the proposed house would negatively impact the birds who have no other home.The proposed house and surrounding development are much too large,and located way too high up the mountain,for the ecological and aesthetic sensitivity of the site.1 feel that it would forever ruin the experience of this vital place for future generations of people,and negatively impact the birds who call this area home. In order to protect against irreversible negative impacts, permits,Thank you for your time and attention. Sincerely, Judy Waite ask the planning commissioners to deny the requested Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Kayla Matsushima <'elysse2009@hotmail.com> Tuesday,September 14,2021 10:33 AM Planning Department Testimony For Agenda Item:2.New Agency Hearing,Sea Cliff Plantation Lot 11-A Nihoku Testimony -Kayla Matsushima.pdf CAUTION:This email originated from outside the County of Kauai.Do not cljck links or open attachments even ifthe sender 15 known to you unless it is something you were expecting. Aloha Kaua'i Planning Commissioners,Directors and Staff, My name is Kayla Matsushima and 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11- A. I STRONGLY OPPOSE any and all development on Nihoku Crater,and any development near sensitive areas on our island.Especially those within or close to areas of protection for our endangered wildlife.This area of proposed development is protected by many zoning layers and protective land use designations due to the sensitivity of the site.1 live within a mile of this beautiful sacred place and it is of great importance to me that this area b©guarded and protected.Nihoku must remain a safe place for native species to thrive without the risk of harm or displacement due to humans encroaching on wildlife preserve boundaries. No development should take place in this location,this high up on the mountain side.It should be protected for future generations. 1 am asking the planning commission to please deny all permits to build anything in this area.Please help us to protect these sensitive places that will never be the same if ground was broken to develop. We will never have the opportunity to undo these actions if passed.Please think of the sensitivity of this place.Please think of the future generations.Ptease think of our endangered wildlife that are loosing their homes. It is for these reasons that I STRONGLY OPPOSE any activity on Nihoku Crater including,but not limited to,anything associated with development,drilling,grubbing,grading,the administration of pesticides or poisons,and any other activity that would lead to the decimation of this ecosystem and the Endangered Species protected in this sacred place. Mahalo, Kayla Matsushima Aloha Kaua'i Planning Commissioners,Directors and Staff, My name is Kayla Matsushima and 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A. t STRONGLY OPPOSE any and all development on Nihoku Crater,and any development near sensitive areas on our island.Especially those within or dose to areas of protection for our endangered wildlife.This area of proposed development is protected by many zoning layers and protective land use designations due to the sensitivity of the site.1 live within a mile of this beautiful sacred place and it is of great importance to me that this area be guarded and protected.Nihoku must remain a safe place for native species to thrive without the risk of harm or displacement due to humans encroaching on wildlife presen/e boundaries. No development should take place in this location,this high up on the mountain side.It should be protected for future generations. 1 am asking the planning commission to please deny all permits to build anything in this area.Please help us to protect these sensitive places that will never be the same if ground was broken to develop.We will never have the opportunity to undo these actions if passed.Please think of the sensitivity of this place.Please think of the future generations.Please think of our endangered wildlife that are loosing their homes. It is for these reasons that I STRONGLY OPPOSE any activity on Nihoku Crater including,but not limited to,anything associated with development,drilling,grubbing, grading,the administration of pesticides or poisons,and any other activity that woutd lead to the decimation ofthis ecosystem and the Endangered Species protected in this sacred place. Mahalo, Kayla Matsushima Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Kaniela M <kmatsushima27@hotmail.com> Tuesday,September 14,2021 10:46 AM Planning Department Testimony For Agenda Item:2.New Agency Hearing,Sea Cliff Plantation Lot 11 -A Nihoku Testimony -Kaniela Matsushima.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Kaua'i Planning Commissioners,Directors and Staff, My name is Kaniela Matsushima and 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A. As a Kanaka Maoli,Native Hawaiian,man with genealogical connection to KTIauea,Kaua'i and the original people of Hawai'i,it is my kuleana to give voice to the protection of our sacred places and significant sites.Nihoku is a po'o kahea and a very important place to my people.It is a place 1 go to for cultural practices. I STRONGLY OPPOSE any and all development on Nihoku Crater,and any development near sensitive areas on our island.Especially those within or close to areas of protection for our endangered wildlife.This area of proposed development is protected by many zoning layers and protective land use designations due to the sensitivity of the site.1 live within a mile of this beautiful sacred place and it is of great importance to me that this area be guarded and protected. Nihoku must remain a safe place for native species to thrive without the risk of harm or displacement due to humans encroaching on wildlife preserve boundaries.And it is a place that Kanaka Maoli should continue to have access to for cultural practice. 1 am asking the planning commission to please deny all permits to build anything in this area.Help us to protect these sensitive places.No development should take place here.It should be protected for future generations. 1 STRONGLY OPPOSE any activity on Nihoku Crater. Mahalo, Kaniela Matsushima Aloha Kaua'i Planning Commissioners,Directors and Staff, My name is Kaniela Matsushima and 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot11-A. As a Kanaka Maoli,Native Hawaiian,man with genealogical connection to KTIauea, Kaua'i and the original people of Hawai'i,it is my kuleana to give voice to the protection ofoursacred places and significant sites.Nihoku is a po'o k§hea and a very important place to my people.It is a place 1 go to for cultural practices. I STRONGLY OPPOSE any and all development on Nihoku Crater,and any development near sensitive areas on our island.Especially those within or close to areas of protection for our endangered wildlife.This area of proposed development is protected by many zoning layers and protective land use designations due to the sensitivity ofthe site.1 live within a mile ofthis beautiful sacred place and it is ofgreat importance to me that this area be guarded and protected. Nihoku must remain a safe place for native species to thrive without the risk of harm or displacement due to humans encroaching on wildlife preserve boundaries.And it is a place that Kanaka Maoli should continue to have access to for cultural practice. 1 am asking the planning commission to please deny all permits to build anything in this area.Help us to protect these sensitive places.No development should take place here. It should be protected for future generations. 1 STRONGLY OPPOSE any activity on Nihoku Crater. Mahalo, Kaniela Matsushima Kristen Romuar-Cabico From: Sent: To: Subject: Hayley K Giorgio <hayleygiorgio@gmail.com> Monday,September 20,2021 8:48 AM Planning Department Testimony Re:Seacliff,Nihoku :SMA(U)-2022-1),CLASS IV ZONING PERMIT (Z^ IV-2022-1),and USE PERMIT (U-2022-1) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting, Aloha Planning Commission, My name is Hayley K Ham Young-Giorgio.1 am writing in opposition of current requested SMA permit for Sea Cliff Plantation Lot 11-A.Taking into account,Kilauea community and cultural practitioners see the footprint of the home as too large for the location and will negatively effect the preservation of the sea bird nesting sites, along with the cultural significance Nihoku holds. 1 support the applicant's right to build on the site,however,in order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits with consideration to scaling down grading and building lot coverage...promoting the preservation of existing seabird habitat and cultural and community significance.Mahalo for your time. Aloha, Hayley K Ham Young-Giorgio POB 1669 Hanalei,Hl 96714 (808)482-0289 DEPARTMENT OF PLANNING KA'AINA HULL,DIRECTOR JODI A.HIGUCHI SAYESUSA,DEPUTY DIRECTOR DEREK S.K.KAWAKAMI,MAYOR MICHAELA.DAHILIG.MANAGING DIRECTOR SUPPLEMENT#3TO PLANNING DIRECTOR'S REPORT RE:Class IV Zoning Permit Class IV-2022-1 Use Permit U-2022-1 Special ManagementArea Use PermitSMA(U)-2022-l APPLICANT:PHILIP J.GREEN AND LINDA M.GREEN ADDITIONALFINDINGS During the September 14,2021 Planning Commission agency hearing,a voluminous amount of testimony was received on the subject application.Community members particularly expressed concerns regarding the proposed development's impacts on traditional and customary native Hawaii practices. Pursuant to the native Hawaiian traditional and customary rights protected under Article XII,Section 7 of the Hawai'i State Constitution,the Planning Department is conducting an updated analysis to the one provided in the application to evaluate written and verbal testimony given at the last Planning Commission hearing and to outreach to these individuals for further input and clarification on their testimony.We anticipate an updated analysis complete within the next two to three weeks.This analysis may inform and update the Department's preliminary recommendation provided to the Commission in the original Director's Report. RECOMMEDATION To complete this native Hawaiian traditional and customary rights impact analysis,the Department hereby recommends to defer action on this application to the December 14th,2021 Planning Commission. By Romio Idica Staff Planner 4444 Rice Street,Suite A473 •LThu'e,Hawai'i 96766 •(808)241-4050(b) An Equal Opportunity Employer Z-IV-2022-1,U-2022-1.SMA(U)-2022-I Supplement #1 to Director's Report Philip J.green and Linda M.green 10.22.21 •• f:.ia.in. OCT 2 6 2021 Ka'ainaS.Hull DirectorofPlanning Date:\o/^l.'2^"'-i DEPARTMENT OF PLANNING KA'AINA HULL,DIRECTOR JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR DEREK S.K.KAWAKAM),MAYOR MICHAELA.DAHIUG.MANAGING DIRECTOR RE: APPLICANT: SUPPLEMENT#4TO PLANNING DIRECTOR'S REPORT Class IV Zoning Permit Class IV-2022-1 UsePermit U-2022-1 Special Management Area Use Permit SMA(U)-2022-1 PHILIP J.GREEN AND LINDA M.GREEN Attached for the Planning Commission's reference is supplemental information as follows: a.Letter (10/22/2021)from Susan Stayton. b.Letter (10/22/2021)from Lisa Insalata. c.Letter (10/22/2021)from Mia B.Melamed. d.Letter (10/22/2021)from Dennis O'Shea. e.Letter (10/22/2021)from James Brodie. f.Letter (10/23/2021)from Maikai Kauai. g.Letter (10/23/2021)from Kalani Akana. h.Letter (10/24/2021)from Puakea Mo'okini-Olivera i.Letter (10/24/2021)from Louise Barnfield. j.Letter (10/24/2021)from Debi Javar. k.Letter (10/24/2021)from Derek Gill. I.Letter (10/24/2021)from Jacqueline OKeefe Gill. m.Letter (10/24/2021)from Mehana Vaughan n.Letter (10/24/2021)from Makaala Kaaumoana. o.Letter (10/24/2021)from Mauliola Cook. p.Letter (10/24/2021)from Judy Waite. q.Letter (10/24/2021)from Ann Eu. r.Letter (10/24/2021)from Malia Makanani s.Letter (10/24/2021)from Byrn Webber. t.Letter (10/24/2021)from Chris Schumacher. u.Letter (10/25/2021)from Piinae Vaughan v.Letter (10/25/2021)from Devin C.K.Forrest w.Letter (10/25/2021)from Lopaka Chandler. x.Letter (10/25/2021)from Julie Schuller. y.Letter (10/25/2021)from Anne Torio. z.Letter (10/25/2021)from Kadence Saenz. 4444 Rice Street,Suite A473 •LThu'e,Hawai'i 96766 •(808)241-4050 (b) An Equal Opportunity Employer Class IV Zoning permit Z-P/-2022-1 UsePermit U-2022-1 Special Management Area Use Pennit SMA(U)-2022-1 Supplement #4 to Director's Report PHILIP J.GREEN AND LINDA M,GREEN F.I.^.IV-, OCT 2 6 2021 (f^ aa.Letter (10/25/2021)from Shyla Kainau Villanueva. bb.Letter (10/25/2021)from Kyan Young. cc.Letter (10/25/2021)from Tucker Constantino. dd.Letter (10/25/2021)from Dominique Cordy. ee.Letter (10/25/2021)from Anuhea Borengasser. ff.Letter (10/25/2021)from Zoli Wall. gg.Letter (10/25/2021)from Irena Bliss. hh.Letter (10/25/2021)from Lauren Esaki-Kua. ii.Letter (10/25/2021)from Letani G.Peltier,Esq. jj.Letter (10/25/2021)from Mehana Vaughan. kk.Letter (10/25/2021)from Linda Moriarty. II.Letter (10/25/2021)from Ryan McCormack. mm.Letter (10/25/2021)from Kapua Chandler. nn.Letter (10/25/2021)from Jessica Kaui Fu. 00.Letter (10/25/2021)from Hoku Cody. pp.Letter (10/25/2021)from Tim Irons. qq.Letter (10/25/2021)from Willjam Kinney,Jr. rr.Letter (10/25/2021)from Sarah Barger. ss.Letter (10/25/2021)from Sabrena Camp. tt.Letter (10/25/2021)from Beryl Blaich. uu.Letter (10/25/2021)from Laura Kaakua,Hawai'i Land Trust By Romio Idica StaffPlanner Date:^.'2(i>.'2^>2-l Kristen Romuar-Cabico From: Sent: To: Subject: susan.stayton@gmail.com Friday,October 22,2021 7:46 AM Planning Department RE:Testimony in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot11-A. CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha PlanningCommission ChairApisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director, Deputy Director and Staff: "I support Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter." My name is Susan Stayton,1 am testifying in opposition to the requested Special Management area Use Permit, Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying developmentare muchtoo largeand improperlysituatedforthe ecological and aesthetic sensitivityofthe site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. 1 live in Lawai,and stand with Community members who are asking for a respectful and sensitive approach to development in this area.Decreasing the size of the proposed house and moving it substantialty lower would reduce impact on the current landscape. Mahalo,Susan ff#####ff((############SS(f#B##ff#ffff##Sf(#B##»##ffffff##SS#ffff#ffff#ff##ffff##############ff Susan Stayton PO Box 1113 Lawai,Hl 96765 808-651-9070 Kristen Romuar-Cabico From: Sent: To: Subject: lisa insalata <lminsalata@gmail.com> Friday,October 22,2021 8:02 AM Planning Department PROTECT CRATER HILL CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. "I support Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter." Lisa Insalata Weddings "Eat Drink and Be Married" Cell-415.755.8302 P.0.Box 839 Hanalei,Hl.96714 Kauai-weddingplanner.com. Kristen Romuar-Cabico From: Sent: To: Subject: Melamed,Mia <mia.melamed.researcher@hawaii.gov> Friday,October 22,2021 11:37 AM Planning Department RE:Agenda Item 2:"I support Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter." CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission ChairApisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is Mia Melamed.1 was born and raised on the north shore of Kaua'i and have recently returned home after graduating from college.As a steward of the island's natural resources,1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits. Mahalo nui for your time and attention. Sincerely, Mia Mia B.Melamed Habitat &Fish Monitoring Technician II Division ofAquatic Resources -Kaua'i State of Hawai'i Department of Land and Natural Resources 3060 'Eiwa St.Rm#306,Lihu'e Hl 96766-1875 ><>><>><> Contacts: Mobile:+1 (808)651 2486 Office:+1 (808)274 3344 Kristen Romuar-Cabico From: Sent: To: Subject: Dennis O'Shea <oshea606@gmail.com> Friday,October 22,2021 9:53 AM Planning Department NIHOKU CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. I support Na Kia i o Nihoku in their petition to intervene and represent the public's interests on this matter. Dennis O'Shea Hawaiian National Kristen Romuar-Cabico From: Sent: To: Subj'ect: James Brodie <jjimbrodie@gmail.com> Friday,October 22,2021 11 :30 PM Planning Department No building on Nihoku CAUTION:This email originated from outsidethe CountyofKauai.Do notclick links oropen attachments even ifthe sender is known to you unless it is something you were expecting. DearSir/Madam, 1 support Na Kia'i o Nihoku in their petition to intervene and represent the public's interest on this matter. Yours faithfully, JH Brodie Sent from my iPhone Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Maikai Kauai <ikamalie@gmail.com> Saturday,October 23,2021 8:59 AM Planning Department Na Kia'i o Nihoku Testimony OLI -Kia'i 'ia KHauea e Nihoku .docx CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, We are writing to request testimony for Na Kia'i o Nihoku.This would be an oli offered for Nihoku.Our hope is that it could begin the public testimony period but we are happy with anytime that is appropriate.Here are the words to the oli which we hope might be included in the commissioners packets. Name:Na Kia'i o Nihoku Phone:652-3608 Email:ikamalie@amail.com (Agenda Item Continued Agency Hearing 1a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A). written testimony attached: Kia'i 'ia KTIauea e Nihoku Kia'i 'ia KTIauea e Nihoku Ku i ke kai malino a'o Makapili Pili na kaikaina i ka wahine a ka lua Lua ha'a i ka malu maia Kekoiki He 'iniki ka ihona a i Kahili hlili hele na maka o ka punua Nu'a ke 'one i ke 'alo Uhau Hahau na nalu po'i mau i Ka'iwa 'lwa kTkaha,puni ke ao Ao mai na koa'e pili i ke 'oni Oni pa'a Mokolea ha'a i ke kai Kaiaulu ke aloha e. A he alohawale no e... 1)Nihoku stands guard over KTIauea Rising from the glistening sea of Makapili 2)Sisters draw close to face the woman of fire Calm remains,sheltered from view of Kekoiki 3)Piercing and tingling is the descent to Kahili Juvenile albatross wander,their eyes searching 4)Sand heaps up in the face of strong winds Waves fling themselves,offerings placed at Ka'iwa 5)'lwa soar,circling layered up to the heavens Light shines on the koa'e stirring,watchful together 6)Mokolea reaches,appearing stead fast in the sea Surrounding sea causing aloha for this place to grow 7)Only aloha. This oli carries aloha for Nihoku and its surrounding wahi pana.It honors the area's wild,windswept beauty,its connection to Pele,and the kia'i,Nihoku,Makapili,na pohaku kaikaina,who watch over this place.It honors human guardians as well,and their years of effort to care for this area.The words remind us of the enduring beauty and strength of this area:Kahili,a place quarried,graded,built up,and flood washed;Mokolea where waves continue to crash and pound;and Nihoku sculpted by stiff oncoming winds -both once planned for luxury mansions in what is now a wilderness area.The birds have returned;iwa representing kupuna,moli young tinding their way,koa'e happy to nest at Mokolea.Vigilance, enlightenment,and community -connection to this place and each other - continually grows.And there is only aloha. Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Keith Akana <kalaniakana@yahoo.com> Saturday,October 23,2021 9:06 PM Planning Department RE:AGENDA ITEM F.2.a SPECIAL MANAGEMENT AREA USE PERMIT Nihoku Testimony.docx CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Please receive and forwardth this to he Kaua'i Planning Commission on Monday 25th. TO:Kaua'i Planning Commission Donna Apisa,Chairperson LThu'e,Kaua'i 96766 FR:Kalani Akana,Kumu Hula,PhD RE:AGENDA ITEM F.2.a SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1), CLASS IV ZONING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1) Testimonv not in support of area use permit. Aloha Madame Chair and members of the Kaua'i Planning Commission.My name is Kalani Akana and my familes,the Kaluna,Makanui,Kekaula,Wood and Akana have been living in Anahola since the 1700s and granted a kuleana in the 1860s which was named Konalele.I am testifying in support of Ka 'Ohana o Nihoku's actions to preserve Nihoku and against the massive footprint of a structure I believe will adversely impact the spiritual and cultural well being of that cliff and nesting areas. Whenever I have an 'uniki hula (a traditional graduation)we make a pilgrimage to Keahualaka at Ke'e.Before that we visit Wailua then go to Nihoku to observe and honor the former home of Pele and her,our family and to gaze upon the beautiful flight of 'iwa,koa'e and many more.The lookout inspires us to remember the retum of Pele's sister,Hi'iakaikapoliopele,as we gaze at Moananuikalehua,the parrot-fish goddess and we offer a dance there called "No Luna e ka Halekai"about Hi'iaka scaling a cliff to observe the signs ofnature created by Moananuialehua. When we tum ma uka we see majestic Wai'ale'ale and we chant "Kunihi ka Mauna."When we tum east we chant "Kalalea"which we see clearly and when we tum west we chant "Wailuaiki" and "Wai'oli.Nihoku is a cultural amphitheatre and a hula mound for us Hawaiians to recount our history and connect again to our ancestors.Let's not introduce obstacles into this wahi pana. There is a wise saying,"Ina 'a'ole 'oe i ku ma Nihoku 'a'ole 'oe i 'ike ia Ko'olau me Halele'a" or "If you have not stood at Nihoku you haven't seen the districts of Ko'olau and Halele'a."In other words,you haven't seen Kaua'i -natural and pristine Kaua'i.I cringe at the idea of standing at Nihoku and staring into a massive structure as is being considered in the permit. I am also concemed about the adverse affect the structure s lighting will have on nesting birds such as the a'o (Newell's puffin)and 'ua'u kani (wedgetailed shearwater).The habitat of these birds,in particular,at Nihoku are adversely impact by the continuous presence of man and their pets and vermin attracted by the wastes produced. Please do not grant the permit.Mahalo. 'O wau, Siatani Q&ana Kristen Romuar-Cabico From: Sent: To: Subject: Puakea Mo'okini-Oliveira <puakeamookinioliveira@gmail.com> Sunday,October 24,2021 10:40 PM Planning Department Request to Provide Oral Testimony CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha, My name is Puakea Mo'okini-Oliveira and 1 am writing in request to provide oral testimony during the October 26th meeting for Action Item la:Special Management Area Use Permit,Class IV Zoning Permit,and Use Permit for Seacliff Plantation Lot 11-A. mahalo nui, Puakea 10 Kristen Romuar-Cabico From: Sent: To: Subject: Louise Barnfield <ldb_22@yahoo.com> Sunday,October 24,2021 8:56 PM Planning Department Agenda Item 2 re.Special Permit request for Sea Cliff Plantation Lot 11-A CAUTION:This email originated from outside the County of Kauai,Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff. Aloha!1 would like to take this opportunity to state my opposition to the requested Special Management area Use Permit,Class IV Zoning Permit,and Use Permit for Sea Cliff Plantation Lot 11-A. 1 note that this property is situated within a county natural land use designation,open zoning and a Scenic/Ecologic Resources special treatment district area,which requires the Commission to protect such lands.The proposed house and accompanying development covers a huge footprint and is far too large for such a sensitive area.It is also proposed to be built unnecessarily high on the lot which would be a permanent detriment to the entire area,impacting the views of an area of deep cultural significance to the community. Far from allowing this kind of oversized and ill-placed development,I ask the Commission to do everything possible to preserve the surrounding area of Nihoku that is a vital seabird nesting area for many species,and which is becoming even more vital to endangered species such as the laysan albatross as they are losing critical habitat on other islands/atolls due to the effects of sea level rise. With our entire island under attack from over-development,please do consider rejecting this proposal as it stands,and ensure that this particularly sensitive area is protected for the future benefit of the general community and the wildlife for whom this special place is their home. Thank you for your consideration. With aloha, Louise Barnfield 11 Kristen Romuar-Cabico From: Sent: To: Subject: Debi Javar <debijavar@gmail.com> Sunday,October 24,2021 8:46 PM Planning Department NIHOKO DEVELOPMENT CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. 1 OPPOSE DEVELOPMENT ON NIHOKU.It is a sacred,cultural historical site.Please do NOT allow this development as it will destroy this precious site. Thankyou. 12 Kristen Romuar-Cabico From: Sent: To: Subject: Derek Gill <derekgill@hotmail.com> Sunday,October 24,2021 7:23 PM Planning Department Request to Testify in Person (Zoom) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, Please send me the necessary registration information to testify at the 10/26 meeting regarding the permitting application by the Green's for TMK 52004084000 located on Nihoku. Mahalo, DerekGill Princeville,Hl 13 Kristen Romuar-Cabico From: Sent: To: Subject: Jac O'Keeffe <infojokeeffe@gmail.com> Sunday,October 24,2021 7:20 PM Planning Department Hearing Testimony for 10/26 Meeting CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:Agenda Item 2:1 support Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director,and Staff, My name is Jacqueline OKeeffe Gill.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot11- A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.These protections are there for a reason,and 1 urge you to uphold them. 1am concerned that the proposed house would adversely impact the albatross,shearwater, petrel,koa'e,molT,ua'u kani,nene,pueo,and other seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of Kilauea and Kaua i young people.This place is culturally significant to all of Hawai'i in stories,chants,and hula for Pele as Nihoku is the crater which give Kilauea its name.The proposed excavation into the steep hillside does not honor the land and would be damaging due to the area's sensitive geology and vulnerabilityto erosion. To put it bluntly,the proposed house and accompanying development are much too large and improperly situated for the ecological,aesthetic sensitivity,and zoning of the site.Granting this permit also sets the precedent that these protective zoning designations are negotiable,which sets us all on a slippery slope of endless variances and further degradation of the sacred nature of our island. My understanding is that the Kilauea community has worked to protect the slopes of Nihoku from development for over 40 years.The proposed house would forever impact the views and the feeling of a place that the area ohana love and enjoy together.Let's not sacrifice this for the benefit of an individual. In order to protect against irreversible negative impact as well as setting a dangerous precedent,1 earnestly ask the planning commissioners to deny the requested permits. 14 Thank you all so much for all that you do for our island of Kaua'i. With Much Aloha, Jacqueline OKeeffe Gill Princeville,Hl 15 Kristen Romuar-Cabico From: Sent: To: Subject: Mehana Vaughan <mehana@hawaii.edu> Sunday,October 24,2021 5:12 PM Planning Department Request to testify on agenda item 1 A and 1 b CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, 1 am writing to ask to testify on continuing agenda item la,continuing matter ofapplication for dwelling to be developed on Nihoku,sea cliff plantation lot 11-A.And Ib -request for intervention status and petition to intervene by na Kia'i o Nihoku. My name is Mehana Vaughan My phone number is 652-3608 Mahalo for sending zoom link and for all the hard work of the planning department in advance of this hearing. Me ke aloha, Mehana Vaughan 16 Kristen Romuar-Cabico From: Sent: To: Subject: Makaala Kaaumoana <kaaumoana@gmail.com> Sunday,October 24,2021 2:36 PM Planning Department Testimony October 26,2021 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Commission Agenda Item Item la:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A Aloha Commissioners, Mahalo for your efforts to encourage this applicant to work with our community to address critical issues related to this application.I personally was able to communicate openly with the previous attorney and was encouraged that many ofthe issues we brought forward were being addressed. It is regrettable that this applicant,who touts his long residency on Kauai,has elected to IGNORE your instructions and instead has retained an off island firm with no experience or history of cooperative community relations.I have long experience with this firm in the Pflueger case. This property is unique and must be considered carefully and comprehensively.This is not a simple application to build a house.This land holds many characteristics of great importance both culturally and environmentally.The structures are very large and will impact people and wildlife in a very large surrounding area.This applicant has options to reduce these impacts and has chosen to ignore them. This application deserves the best we can do,not the least. Therefore,I strongly urge this Commission accept the petition for intervention from Na Kia'i o Nihoku.This Commission is ill prepared to propose appropriate mitigation measures for the impacts this development will have. In support of this petition I cite the following examples of unique information this petitioner brings to this process: i.Threatened and endangered birds utilize this coastal site and have critical cultural import to the people of Kauai. 2.The property itself is a place of many stories and contains many resources not available in other locations. 3.Seabirds are vulnerable to exterior lights which includes reflected light from hard surfaces as well as swimming pool surfaces.This site is not only critical to the Newell's Shearwater but also the Hawaiian Petrel and native goose,the Nene 4.Na Kia'i o Nihoku members have family connections and long personal histories with this place.They will contribute unique and valuable information to your consideration of this application. 17 5.Experience and expertise on the cultural resources of this property are ONLY available from the people of this place and they are petitioning to be included. 6.This property must be proactively managed to reduce predators of the protected species in this place.The petitioner has information and experience with this work.The applicant and Commission does not. Mahalo for receiving my testimony on this matter and please accept the petition for intervention by Na Kia'i o Nihoku.This application fits the EXACT purpose of intervention. Me ka pono, Makaala Makaala Kaaumoana POB 1205 Kilauea,HI 96754 808-828-1205 home 808-346-5458 cell 808-431-4444 fax 18 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Mauliola Cook <mauliola3@gmail.com> Sunday,October 24,2021 11 :46 AM Planning Department Mehana Blaich Vaughan Testimony re proposed house on Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. 1 support Na Kia'i o Nihoku in their petition to intervene and represent the publlc's interests on this matter. 10/24/2021 Kilauea Re:Proposed development for house on Nihoku Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners My name is Mauli Ola Cook.Nihoku (Crater Hill)is important to me,my 'ohana and community because it is a place of great natural beauty,of historical and mythological significance and a significant site for native birds. 1am concerned that the proposed house would impact seabirds who call the area home.The lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel,koa'e (tropic birds)and more.Crater Hill is a needed relocation site for bird populations from the northwest Hawaiian islands whose habitat is shrinking due to sea level rise. 1 also feel great concern for how the construction of this huge house would impact the experience of this vital place for future generations.The house is much too large and located far too high up the mountain/in a sensitive area that should not be built upon at all.Proposed excavation into the steep hillside would be damaging due to the area's sensitive geology and vulnerability to erosion.The footprint of the house is much too large and located too high for this sensitive site.The KTIauea community has worked to protect the slopes of NihokO from development for over forty years.1 am asking the planning commission to please deny permits to build the proposed house. As others have pointed out to you all and the land owners Nihoku is a very special place due to its historical and cultural signifcance.One of the most important mo'olelo (stories)associated with Nihoku is from the Pele tradition.Pele is a very real and recognized force in our lives here in the islands.For many Pele is in the reaim ofthat which is sacred.Hundreds of cultural practitioners from across the pae''aina (archipelago)dedicate much of their time to learn the mo'olelo, chants and dances that help to perpetuate the cultural knowledge ofthe Pele tradition and pass it down to the next generation.In order to carry out their practices they need access to the sites identified with Pele.The presence of such a huge structure as this proposed home would be a significant obstacle for practitioners to be able to make the spiritual and physical connection to place that is an integral part of everything we do. The Kia i of Nihoku have spent countless hours researching and documenting all the many,many reasons why this proposed home is not conducive to creating the Kaua'i that so many of us want for ourselves and for our keiki.1 am so very gratefu!that you all are taking the time to seriously consider ali the evidence the Kia'i are presenting. 19 Whlle the folks who want to build this home most obviously have great wealth we/the people of Kaua i/are very committed to preserving what we feel is our wealth.And part of the wealth of the people of Kaua'i lies in our ability to enjoy the incredible views of this beioved land,and to be abie to freely bring our keiki to enjoy nature and learn the cuiture of the amazing places we are pnvileged to call home.There are undoubtedly other places in the world where this enormous structure can be built,There is only this one place on earth that can c!aim the many distinctions that make Nihoku so very precious to us. Thank you so much for all you do for our island of Kaua'i. With much aloha Mauliola Cook Mauliola3@email.com 8086528173 20 Kristen Romuar-Cabico From: Sent: To: Subject: JudyWaite <judyhula@icloud.com> Sunday,October 24,2021 10:52 AM Planning Department testimony on Agenda Item 1 a &2 CAUTION:This email onginated from outside the County of Kauai.Do not cfick links or open sttachments even if the sender is known to you unless it is something you were expecting. Re AGENDA ITEM:2:1 support Na Kia'i o Nihoku in their petition to intervene and represent the pubtic's interests on this matter AGENDA ITEM:Continued Agency Hearing la.SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV ZONING PERMFT (Z-IV-2022-1 ),and USE PERMIT(U-2022-l)fortheconstructionofafarmdwelling unit,guest house,garage and associated site improvementswithin Lot 11-A ofthe SeadiffPianEation Subdivision in KTlauea,involving aparcel situated approximately l.OOOfeet west of the Pali Moana Place/Makana'ano PIace intersection,further identified asTax Map Key :(4)5- 2-004:084 (Unit Daffecting aportion ofalargerparcel approximately 12.305 acres insize =PhillipJ.&UndaM.Green,[Director's report received,hearing deferred 9/14/2021]. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director/Deputy Director and Staff: My name is Judy Waite,and 1 oppose the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.This land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public. 1 am a retired teacher who taught 6th grade at Kilauea School for 20 years.I've taken many schoolchildren to the slopes of Nihoku (Crater Hill)to observe the seabirds on the pristine quiet of the slopes.1 walk in the area every morning at dawn.This time of year, shearwater fledglings are emerging from their nests for their first flight.There is a pueo who flies in the area directly above the proposed structure/patrolling what is now an open field in search of his breakfast.The proposed house and grounds would cover that entire field in development.Nihoku is so important to our community,and to me,because the life found there is increasingly fragile,and beautiful.These blrds have no other home,and are easily disturbed by human activity. This property is within a county natural land use designation,open zoning and a Scenic Ecologic Resources (ST-R)special treatment district area.This requires the Commission to protect land and water areas with unique natural forms,biologic systems,or aesthetic characteristics of significance and value to the general public. 1 support the applicant's right to build on the site,but 1 feel the proposed house would negatively impact the birds who have no other home.The proposed house and surrounding development are much too large,and located way too high up the mountain,for the ecological and aesthetic sensitivity of the site.1 feel that it would forever ruin the experience of this vital place for future generations of people,and negatively impact the birds who call this area home. In order to protect against Irreversible negative impacts,1 ask the planning commissioners to deny the permits as requested.Thank you for your time and attention. Sincerely, Judy Waite (808)647-0056 iudvhula@mac.com 21 Kristen Romuar-Cabico From: Sent: To: Subject: Ann Eu <anneu11@gmail.com> Sunday,October 24,2021 7:50 AM Planning Department In person Testimony on Tuesday October 26th CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expectlng. Aloha, 1 would like to request to testify in person via Zoom in support of Na Kia'i o Nihoku in their petition to intervene and represent the public's interests regarding permits to build on Nihoku on Tuesday October 26th. Mahalo, Ann Eu anneull@gmail.com (808)651-8933 Sent from my iPhone 22 Kristen Romuar-Cabico From: Sent: To: Subject: Malia Makanani <h2okeikis@gmail.com> Sunday,0ctober24,2021 7:17 AM Planning Department TESTIMONY:Protect Nihoku (Crater Hill)Stop development CAUTION:This emall originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: 1 am in full support Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter! Nihoku (Crater Hill)is important to my family and 1 because it remains a sacred cultural site.1 value this area so that my children and grandchildren may walk thru,feel,see and hear the same mo olelo passed on from generations before us.1 value this area so we may Malama Aina and always have our Aina undeveloped.1 value this area because 1 am concerned that the proposed house would impact seabirds who call the area home.1 value this area because 1 feel this delevelopment will bring in more invasive plants &insects and ruin the current ecosystem by clearing,and building and modern landscaping by the owners personal interests (this will have a massive impact on all life that thrives in and around Nihoku).1 value this area because it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people and Kaua'i community. The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny permits to build the proposed house. Thank you so much for all you do for our island of Kaua'i. Me ka Ha'aha'a Malia Makanani 808-634-2020 H2okeikis@Rmail.com 23 Kristen Romuar-Cabico From: Sent: To: Subject: Bryn Webber <br/nwebber@gmail.com> Sunday,October 24,2021 7:02 AM Planning Department Agenda Item-Continued Agency Hearing 1a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Hello, 1 am requesting to testify via Zoom on Tuesday's hearing for the Agenda Item 1a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A. My name is Bryn Webber My cell number is 808-855-5569 My email is brvnwebber@amail.com Please let me know if you need any other information.1 look forward to participating!Thank you for allowing the community another hearing on this issue. Bryn Webber 24 Kristen Romuar-Cabico From: Sent: To: Subject: Chris Schumacher <chris.kauai@gmail.com> Saturday,October 23,2021 11:20 AM Planning Department Sea Cliff Plantation Lot 11-A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox, Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is Chris Schumacher.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The planned house would create a huge footprint that will remain for our lifetimes.Please consider the amount of gentlemens'estates that have been recently built on the North Shore and the impacts that this type of development has on local families.l support Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter. Thank you for serving Kauai through your difficult position on the commission. Mahalo, Chris Schumacher 27 Kristen Romuar-Cabico From: Sent: To: Subject: S459-Piinae Vaughan <s459-piinae.vaughan@k12.hi.us> Monday,October 25,2021 8:39 AM Planning Department Nihoku Meeting 10/26 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To whom it may concern: 1 would like to testify orally via zoom. Thankyou,Na'e This is a student email account managed by Hawaii Department Of Education School District.The contents ofthis email are governed by the laws ofthe state and the board policies ofthe school district. Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Devin Forrest <dforrest@hawaii.edu> Monday,October 25,2021 8:43 AM Planning Department Testimony in Opposition and Request for Contested Case Kaua'i Planning Commission Meeting 9.docx CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Devin C.K.Forrest J.D.Candidate,Class of 2022 William S.Richardson School of Law dforrest@_hawaii.edu 'Aiawahie a Lapa ke Ahi "Take Your Time Toward Mastery" Kaua'i Planning Commission Meeting 9:00 AM Tuesday,Oct.26th Testimony in Opposition to Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea CIiff Plantation Subdivision Lot 11-A;And Support for Intervenor by Na Kia'i o Nihoku. Aloha mai Kaua'i Planning Commission, Chair Apisa,Vice-Chair Cox,Commissioners and Staff, "Aia no i ke ko a ke au,"only when the tide has run its course will the results be known.The tide has run,tumed,and switched again since the last commission meeting,with very little to show from that intervening time.The plans for this massive development on a significant cultural site and view plain remain the same,and it is clear that the applicant does not want compromise,they want their plan to the detriment of cultural,natural,and geological resources. The lack of cultural understanding and research into valued cultural resources is telling by the applicants report.While living in a time where much of the news cycle prior to the COVID pandemic had been inundated with protests to protect Maunakea and similar land forms,the applicants fails to see how grubbing,clearing,and developing at that height would deface a wahi pana (storied site).The applicants instead would sacrifice the unique cultural and natural beauty,as well as wildlife habitat of this place,for an edifice full of extravagant creature comforts.Cultural practitioners have had to fight for years to protect and to gain even a modicum of access and rights to the area,where the applicants wish to simply check boxes to push their agenda along so they can begin development on their schedule. Had the applicants sought meaningful collaboration to seek a reasonable compromise between the Kia'i and other cultural practitioners the Commission would be looking at a very different plan,with little to no opposition.Instead,we are back to where we started with the tide bringing back the same detritus of the last tide with maybe a few different sticks. Now,the Commission has a duty to do what is right,there has been some testimony previously submitted along with community provided reports to show that there are valued cultural,historical,and natural resources and their appertaining traditional and customary Native Hawaiian rights and practices exercised within the petition area.The proposed action will have an affect,not only to these practices,but to the natural beauty and wildlife habitat for native and culturally significant species.The only feasible actions to be taken are a denial of the permit,or allowing Na Kia'i o Nihoku to intervene and hold a contested case hearing. Na'u no me ka ha'aha'a Devin K.Forrest Kristen Romuar-Cabico From: Sent: To: Subject: 5459-Lopaka Chandler <s459-lopaka.chandler@k12.hi.us> Monday,October 25,2021 8:47 AM Planning Department Nihoku meeting 10|26 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To whom it may concern: 1 would like to testify orally on via zoom. ThankYou, Lopaka Chandler This is a student email account managed by Hawaii Department Of Education School District.The contents ofthis email are governed by the laws ofthe state and the board policies ofthe school district. Kristen Romuar-Cabico From: Sent: To: Subject; Julie Schuller <julie.schuller@msn.com> Monday,October 25,2021 8:47 AM Planning Department Re:Proposed Special Use Permit CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless It Is something you were expecting. Good morningAII, As a follow-up to tomorrow's meeting.Please be sensitive to this special area on the island. Thankyou. Aloha, JulieSchuller Kauai Resident From:Julie Schuller <julie.schuller@msn.com> Sent:Monday,September 13,2021 7:20 AM To;planningdepartment@kauai.gov <planningdepartment@kauai.gov> Subject:Proposed Special Use Permit Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is Julie Schuller.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts, 1 ask the planning commissioners to deny the requested permits. Thank you for your time and attention. Sincerely, Julie Schuller Kauai North Shore resident Kristen Romuar-Cabico From: Sent: To: Subject: Anne Torio <anne.torio@k12.hi.us> Monday,October 25,2021 8:43 AM Planning Department Request to Testify CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha, 1 am a 4th grade teacher at Kilauea School.1 have a group of 4th and 5th graders that would like to share an 'oli as testimony for Agenda Item la:Special Management area Use Permit,Use Permit for Sea Cliff Plantation Subdivision Lot 11-A.1 am also wondering if there is any way to notify us as out time to testify is close? Mahalo, AnnieTorio Kilauea School anne.torio@kl2.hi.us (808)639-7691 This is a staffemail account managed by Hawaii Department OfEducation School District.This email and any files transmitted with it are confidential and intended solely for the use ofthe individual or entity to whom they are addressed.Ifyou have received this email in error please notify the sender. Kristen Romuar-Cabico From: Sent: To: Subject: 5459-Kadence Saenz <s459-kadence.saenz@k12.hi.us> Monday,October 25,2021 8:48 AM Planning Department Nihoku Meeting 10/25/2021 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To whom it may concern: I would like to testify orally via zoom. Thankyou, Kadence This is a student email account managed by Hawaii Department OfEducation School District.The contents ofthis email are governed by the laws ofthe state and the board policies ofthe school district. Kristen Romuar-Cabico From: Sent: To: Subject: Attachments; Kaninau Villanueva <kaninausv@gmail.com> Monday,October 25,2021 8:50 AM Planning Department Kilauea Farm Dwelling Proposal;SMA(U)-2022-1 Application;TMK 5-2-004:084 Testimony-Nihoku2021.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha hou, My name is Shyla Villanueva.1 am also known as Kaninau Villanueva.1 would like to request to testify in person,via zoom,tomorrow Tuesday the 26th.1am in support of Na Kia'i 'O Nihoku right to intervene. Mahalo, Shyla Kaninau Villanueva. Sunday,September 12,2021 Aloha Nui e Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Shyla Kaninauali'i Villanueva,1 am born and raised from KTlauea,and 1 am testifying in opposition to the requested special management area use permit,use permit and class IV zoning permit for sea cliff plantation Lot11-A. The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public. Nihoku(Crater Hill)Js far beyond unique and very important to the KTIauea community. With it's rich cultural significance that has inspired mo'olelo(stories),mele(songs), hula(dance),and oli(chants)and still stands as a cultural and ecological resource for both humans and seabirds.Nihoku holds and inspires kanaka 'oiwi history and traditional practices many that are still practiced today,and 1 firmly believe it should remain as a landscape for our sea birds &for cultural &environmental restoration. I remember when 1 was in 4th grade,we had a field trip up to Nihoku with Fish and Wildlife.We learned about Nihoku,how it was formed,the mo'olelo of Pele,the seabirds that nest there,and the native plants that used to grow there.We planted native plants in an area adjacent to Lot 11 -A to provide a comfortable home for our seabirds to nest;The Hala trees 1 planted stand tall there today. It was at Nihoku where 1 had my first collective malama 'aina experience in my home ahupua'a;It was truly special.This is a story 1 tell a lot because it changed the trajectory of my life and 1 know that it is really important for the younger generations of KTIauea to have these kinds of experiences in their ahupua'a. Now,as an educator at Kahili beach preserve,1 wonder what kind of an experience would that be for children to learn about,and participate in,environmental restoration work at Nihoku near a mansion with a pool that dominates the landscape after they learn the history and sacredness of the place? The excavation and ground disturbance of this site that would compromise the structural integrety of Nihoku is of great concern.Lot 11-A is on a steep hillside and the proposed house to be built is quite high on the crater.Please consider the different geology on Nihoku and that developing a 30,000 square foot area has a higher probability of accelerating erosion in surrounding areas,this may include loss of habitat for native plants and sea birds. Again,Nihoku is maintained as an active cultural and ecological resource.The overall interpretation of this ecology and culturally significant space is a priority within our community.The efforts to develop a house structure this large will compromise this Sunday,September 12,2021 interpretation,thus compromising the integrity of Nihoku.Ground disturbance in this area and alterations of the landscape are inevitable and irreversible impacts that occur due to construction. As a place of important value to the native Hawaiian people,the association of this space with cultural practices,traditional beliefs,timeless ecological resources,and the overall nature of this landscape as a part of our identity as Hawaiians,and the identity of KTlauea,the requested permits should not be approved.The planning commission has a responsibilrty to the community and to the protection of cultural landscapes of our 'aina. Mahalo for your time and consideration. Malama, Shyla Kaninauali'i Villanueva Kristen Romuar-Cabico From: Sent: To: Subject: 5459-Kyan Young <s459-kyan.young@k12.hi.us> Monday,October 25,2021 8:49 AM Planning Department Nihoku Meeting 10/26 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To whom it may concern, 1 would like to testify orally via zoom. ThankYou, Kyan Young This is a student email account managed by Hawaii Department Of Education School District.The contents of this emailaregovernedbythelawsofthestateandtheboardpoliciesoftheschooldistrict. Kristen Romuar-Cabico From: Sent: To: Subject: S459-Tucker Constantino <s459-tucker.constantino@k12.hi.us> Monday,October 25,2021 8:57 AM Planning Department Nihoku Meeting 10/26 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To whom it may concern: 1 would like to testify orally via zoom. Thankyou, Tucker Constantino This is a student email account managed by Hawaii Department Of Education School District.The contents ofthis email are governed by the laws ofthe state and the board policies ofthe school district. Kristen Romuar-Cabico From: Sent: To: Subject: Dominique Cordy <dominique@huliauapaa.org> Monday,October 25,2021 10:01 AM Planning Department 1 support Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter. CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha e Kauai Planning Commissioners 1 do believe that this project potentially impacts a historic property (HAR 6E)as well as Native Hawaiian Cultural practices.Nihoku is a significant intact cultural and historical property and the development of a house high up on its slopes would negatively impact 1)this traditional Historic Property as well 2)traditional resources (birds,line of site,landscape)that are integral to traditional cultural practices 3)traditional and religious cultural practices that are ongoing on Nihoku My name is Dominique Cordy.Nihoku (Crater Hill)is important to my family and 1 because we are part of a group who holds a cultural access permit there.We kilo at important dates during the year and our entire family has held Makahiki ceremonies there with other community ohana.1 am concerned that the proposed house has not considered cultural and religious practices that are traditional in the area and that are ongoing today.1 am worried that as proposed there would be an impact to seabirds who call the area home.1 also feel like the permitting process for this proposed residence has not adequately considered Criterion E of Chapter 6E,when assessing potential effects to cultural properties.1 feel in fact that the studies done have failed to accurately consider impacts tradtional cultural practices and historic properties in the area. 1 also feel that it would forever ruin the experience of this vital place for future generations of Kilauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.Or if someone would like to pursue its construction an EA should be undertaken to asses the impacts that it would have on the area. As currently proposed the development appears to have negative impacts on a historic property(s)and traditional customary native Hawaiian cultural practices. The existing studies conducted for this application are 1)inadequate,no Hawaiians were consulted and due dilligence was no done based on the lack of rigor and effort to identify existing properties and practices.2)No archaeological assessment took into account the impact to the TCP,Traditional Cultural Property,that is Nihoku,one the last intact cultural landscapes along the Koolau coast.one tied intimately to moolelo,with sites,resources,and practicing cultural groups. 1 am asking the planning commission to please deny permits to build the proposed house.At the very least until an adequate 1)Cultural Impact Assessment (CIA)is done,one that actually consults with and interviews traditional cultural practitioners,kupuna,and knowledge area ohana;and 2)Archaeological Assessment is done that doesn't ignore Criterion D of the National Historic Preservation Act (NHPA)as applicable in State Law,Chapter 6E.and perhaps 3) 1 realize that in most residential permits these surveys and studies can seem like overkill in the permit process, but if they are done and done well,especially for SMA or CDUP,then the community would have been consulted upon and in the know much earlier in this process.Such meaningful consultation allows for a better process for us,the community,you the commissioners,and the potential land developers. Thank you so much for all you do for our island of Kaua'i. Me Ka Haahaa, Dominique Leu Cordy,MA Huliauapaa Standards &Innovations Officer,&WKIP Instructor Kaliuokapaakai Collective Aha Kuapapa (Steering Committee)member Kilauea Community member Kristen Romuar-Cabico From: Sent: To: Subject: Anuhea Borengasser <aborengasser@outlook.com> Monday,October 25,2021 12:05 PM Planning Department Testimony in support of Na Kia'i o Nihoku CAUTION:This emall originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is somethlng you were expecting. RE:Agenda Item 2:"I support Na Kia'i o Nihoku in their petition to intervene and represent the public's interest on this matter. Aloha to the Kaua'i Planning Department, My name is Anuhea Borengasser.1 was blessed to visit Nihoku in June of this year.I support Na Kia'i 'o Nihoku because 1 was able to see in person,that Nihoku is truly a vital sanctuary for our birds.1 saw how delicate the baby birds were,yet how safe it was for them (provided we humans were mindful of our noise,presence,and how we moved about). I live on overpopulated O'ahu and see how there aren't many places for our birds to safely nest and grow. Pueo have lost their home due to recent development near my home.1 feel encroaching on their safe space;a vital space for their survival for the sake of our desires is unfair.We have already taken so much from our coinhabitants on this earth that many are gone.If we endanger the survival of the ones we have left,we II eventually endanger ourselves.When that happens,there is no going back.As we go forward,please let's not do this here or anywhere else. Mahalo, Anuhea Borengasser Kristen Romuar-Cabico From: Sent: To: Subject: Zoli Wall <kaohinani.gardens@gmail.com> Monday,0ctober25,2021 12:01 PM Planning Department Fwd:Testimony to protect Nihoku CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. I support Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter. Aloha planning commission chair Apisa,vice chair Cox,and honorable Kauai planning commissioners, My name is Zoli Wall,1 am a lifelong resident of Kilauea. 1 am testifying in opposition to the requested Special Management area Use Permit, Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We respect the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention.Sincerely, ZoliWall Kristen Romuar-Cabico From: Sent: To: Subject: Importance: Irena <irenabliss@gmail.com> Monday,October 25,2021 11:46 AM Planning Department 1 support Na Kia'i o Nihoku in their petition to inter^/ene and represent the public's interests on this matter. High CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: 1 am writing again in support of Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter. Mahalo nui for your consideration of the community concerns,some of which are itemized in earlier email below. The proposed house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all. Please deny permits to build the proposed house. Mahalo nui for all you do for beautiful Kaua'i and to protect it for future generations. With much aloha, Irena From:Irena Sent:Tuesday,September 14,2021 8:39 AM To:DlanninadeDartmentSikauai.aov Subject:Please Protect Nihoku Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: 1 am writing to ask the planning commission to please deny permits to build the proposed house on NihokO (Crater Hill). 1 am deeply concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people.1 feel it is important to consider that: •Nihoku is the crater which gives KTIauea (meaning "spewing,"like the active volcano)its name.It is culturally significant to all of Hawai'i in stories,chants and hula for Pele. •The lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel,koa'e (tropic birds)and more. Crater Hill is a needed relocation site for bird populations from the northwest Hawaiian islands whose habitat is shrinking due to sea levelrise. •The property is within a county natural land use designation,open zoning and a Scenic/Ecologic Resources (ST-R)special treatment district area.This requires the Commission to protect land and water areas with unique natural forms,biologic systems,and characteristics of significance and value to the general public. •Proposed excavation into the steep hillside would be damaging due to the area's sensitive geology and vulnerability to erosion.The footprint of the house is much too large and located too high for this sensitive site. •The KTIauea community has worked to protect the slopes of Nihoku from development for over forty years. The proposed house would forever impact the views and feeling of a place that area 'ohana love and enjoy together. The proposed house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all. Please deny permits to build the proposed house. Mahalo nui for all you do for beautiful Kaua'i. With much aloha, Irena Kristen Romuar-Cabico From: Sent: To: Subject: Lauren Esaki-Kua <laurenek@stanford.edu> Monday,October 25,2021 11:24 AM Planning Department FW:Testimony against permits for Green dwelling in Kilauea (Sept 14,2021 Hearing) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless It Is something you were expecting. 1 support Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter. Forwarding my previous testimony to be considered again. Mahalo, Lauren Esaki-Kua Kapa'a Original message From:Lauren Esaki-Kua <laurenek@stanford.edu> Date:9/10/2111:42 AM (GMT-10:00) To:planningdepartment@kauai.gov Subject:Testimony against permits for Green dwelling in Kilauea (Sept 14,2021 Hearing) Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Lauren Esaki-Kua.As a former planner and a resident born and raised on Kaua'i,1 am testifying against the applications for a SMA Use Permit,Use Permit,and Class IV zoning permit for the proposed dwelling on Nihoku (Crater Hill)in Kilauea. Notonlywouldthis "farm dwelling"development affect native wildlife ofthe area,itwould also ruin the viewshed of Nihoku and set a precedent for other similar mountain top developments within open space and SMA boundaries.O'ahu is littered with such residential developments that have been permitted through similar exemptions;the effects of which are only truly felt once the building is complete and the approval irreversible.The people of Kaua'i have worked hard to keep the island's sense of place so as to not ruin the fine line between wahi pana and future generations'visual and place-based link to the past.This land under State SMA,and County Natural Land Use Designation,Open zoning, and ST-R Special Treatment District Area was designated as such through the foresight ofour previous County and State planners with input from our communities to protect our special places.Approving the permits for the proposed home as it is currently designed and sited would render the past work to protect these places meaningless. Pages 7-8 of the Planning Director's report for this proposed development should also be assessed thoughtfully.1 disagree with Director Hull's assessment that the proposed development satisfies the outlined policies of the Kaua'i General Plan.To the contrary,1 believe that the current size and siting of the house would only serve to exacerbate some of the island's problems in the outlined goal and policy areas (Sustainable Island,Unique and Beautiful Place,An Equitable Place,with Opportunity for All;Preserving Rural Character,Reducing Cost of Living,and Protecting Kaua'i's Scenic Beauty.) The proposed house and accompanying development completely disregard the intent ofour land use designations as protective regulatory tools to protect our special areas of the island.The proposed buildings and associated improvements are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.1 am respectfully requesting for you to deny the requested permits. Thank you so much for all you do for our island of Kaua'i. With much aloha, Lauren Esaki-Kua Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Beryl Blaich <punab4@gmail.com> Monday,October25,2021 9:07 AM Planning Department Written testimony and Request to testify Planning Com Testimony Crater Hill 10-26-21.docx CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Here is written testimony on the SMA,Class IV zoning Permit and Use permit application for the Green"s home at Makaha'ano Pl,KTIauea. Andmay 1 please register as a testifier. Thankyou, Beryl Blaich Po Box 1434 KTIauea 808-346-9589 808-828-1438 l_a^rec{^ fiir \tW^ -^S^mun^- RE:SMA [U]2022-1,Class IV Soning Permit Z-!V-2022-1,U -2022 -1 October25,2021 Dear Chairman Apisa and Members ofthe Kaua'I Planning Commission: Aloha,I am Beryl Blaich,Kilauea resident for 42 years speaking for myself. NThoku,Crater Hill,has always been deeply important to Kilaueans,and development ofSeacliffPlantation was resisted; Ifmy memory serves me,three Davids -David Sproat,David Boynton and Dr.David Moore -intervenened to stop the development.Approval with extensive conditions resultedincluding:setting aside 90 acres for a County ag park,requiring earth tone colors for buildings and roofs and establishing a line above which homes could not be build -partly to preserve the traditional natural view ofthe landmark from the community. Unfortunately,the survey for the Makaha'ano Pl.was inaccurate.The road was laid out too high on the hill,and the land between the road and the set back line too narrow to build a home.Lots on the flank of Nihoku were essentially not saleable. The developer proposed moving the line upward.The community again rallied behind intervenors.I definitely remember my brieftestimony:"Hold that line.Hold that line.Please."Buildable lots were renegotiated .Only one has been built upon. One has received SMA approval.The Green's parcels are the most westward of those and the highest ofthese. There is so much more history ofcommunity action to uphold full compliance with those conditions including eventual establishment ofthe Kilauea ag park.But as to houses sold and built since,the Kilauea Neighborhood Association has repeatedly reviewed home proposals with lot owners erecting story poles to give a sense of visibility from the town.And all the while,people were aware that the the lots which are now the Greens could have the greatest impact on Nihoku,its natural habitat for birds,on views,on the fundamental sense ofNiihoku as either a natural space and landmark for our entire community or as a hill with high-end single family dwellings. Meanwhile,there is new knowledge,new consciousness and new dedicated engagement regarding Nihoku.We have been made aware recently ofits profound cultural significance.Its critical importance as a place ofrefuge foe seabirds affected by sea level change has been identified.I did not realize that the area was designated Natural in the General Plan and has an open Special Treatment Resource District overlay. Hindsight is 2020 for sure.With hindsight,we residents are reactive.Perhaps the community could have lobbied to establish some special development and design conditions on those makai,hill flank lots:to make buildings more compliant with the SMA and the other zoning overlays.Such conditions would have called for minimizing and disturbance ofgrading,for ascertaining view protection with visua] analysis,for restrictions on pets.Some kind ofspecial habitat management responsibilities could have applied to these lots which are truly conservation and open lands,not agricultural. It is left to you,to take the fullest picture of present knowledge,changing times and of the Special Management Area regulations [which are not just for shoreline area but also up rivers and onto headlands)to help fairly ensure long term protection of Nihoku. Mahalo for your time and attention and hard work for Kaua'i. Beryl Blaich PO box1434 Kilauea,HI 96754 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Attachments: Letani Peltier <letanip@oha.org> Monday,October 25,2021 3:28 AM Planning Department Olan "Leimomi"Fisher Written Testimonyand Requestto Testify Virtually for Item F1a forthe 10/26 Planning Commission Meeting. Testimony -Kauai County Planning Commission Item F1a FINAL.pdf CAUTION:This email originated from outside the County of Kauai.Do not cllck links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha, Pleasefind attached testimony from the Office ofHawaiian Affairsforthe Planning Commis5ion's0ctober26 Meeting, for Agenda Item Fla,relating to a Special Management Area Use Permit,Class IV Zoning Permit,and Use Permit for construction and associated site improvements within Lot 11-A of the Seacliff Plantation Subdivision in KTIauea (re: Nihoku). Additionally,please also sign up the following individual for virtual testimony.Please note that the name and email of the person who will provide virtual testimony is different from the person who is submitting the written testimony. Name:Olan Leimomi Fisher Number:+18082951911 Email:Olanf@oha.org Agenda Item:Fl.a (re:Nihoku) Mahalo nui! Letani G.Peltier,Esq. Public Policy Advocate Office of Hawaiian Affairs OFFICE OF HAWAIfAN AFFAIRS Testimony Planning Commission County of Kaua'i AGENDA ITEMF.la SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV ZONING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1)for the construction of a farm dwelling unit,guest house,garage and associated site improvements within Lot11-A ofthe Seacliff Plantation Subdivision in Kilauea,involving a parcel situated approximately 1,000 feet west ofthe Pali Moana Place/Makana'ano Place intersection, further identified as Tax Map Key:(4)5-2-004:084 (Unit 1)affecting a portion of a larger parcel approximately 12.305 acres in size =Phillip J.&Linda M.Green. October26,2021 8:30 a.m.Online Meetina The Office of Hawaiian Affairs (OHA)offers the following COMMENTS on Agenda Iterr F.1 a,which relates to a Special Management Area Use Permit,Class IV Zoning Permit,and Use Permitfor construction and associated site improvements within Lot 11-A ofthe Seacliff Plantation Subdivision in KTlauea. As an initial matter,OHA notes its appreciation for the Commission's recognition ofthe County'affirmative dutyto preserve and protect Native Hawaiian traditional and customary rights.OHA also acknowledgesthat in furtherance ofthis kuleana,the Commission must often balance competing interests and legal rights. This is no small task.However,although thefinal decision ofwhetheror notto grant the sought-after permits may be difficult,the steps leading up to that decision have been clearly laid out bythe Hawai'i Supreme Court in Ka Pa'akai o ka 'Aina v.Land Use Commi'ssibn.1 The "Ka Pa'akai analysis"requires that government decisionmakers make specific findings and conclusions as to the following,when considering a petition or rendering a decision that may impact Native Hawaiian traditional and customary practices:(1)the identity and scope ofvalued cultural,historical,or natural resources inthe petition area,including the extentto which Native Hawaiian traditional and customary rights are exercised in the petition area;(2)the extentto which those Ka Pa'akai O Ka 'Aina v.Land Use Com'n,94 Hawai'i 31 (2000). Kaua'i Planning Commission Agenda Item F.1a October26,2021 resources,including Native Hawaiian traditional and customary rights,will be affected or impaired by the proposed action;and (3)the feasible action,if any,to be taken to reasonably protect Native Hawaiian rights ifthey are found to exist. OHA understands that Native hlawaiian community members,including the members of Na Kia'i Nihoku,have identified a range ofvalued natural and cultural resources and sites that underly Native Hawaiian traditional and customary practices associated with Nihoku,which may be significantly and irreparably impacted by the contemplated development ofthe crater.2 These include nesting habitatfor culturally significant native manu,historical viewplanes,and the crater itself.OHA emphasizes that the County has a constitutional duty,as further described by the Hawai'i Supreme Court,to fully consider these resources,sites,and practices,and to take all necessary action to reasonably protect them in its deliberations and decision making. OHA does understand that the applicant has offered several proposals to mitigate some potential impacts,including:installing downward shielded lights, incorporating features in the Agricultural Plan that may create additional habitat for avian species,working with the U.S.Fish and Wildlife Service to establish a viewing location in the Open Space Easement to observe the noted avian species,employing earth tone color schemes to all materials used,and continuing to engage in discussions with cultural practitioners.OHAfurther appreciates thatthe Planning Department recognizes that "[c]onstruction plans should not be finalized until all issues [identified in Exhibit M ofthe application]are resolved with Na Kia'i Nihoku."4 However,OHA does express some concern that insofar as these issues are concerned,the Planning Department's preliminary recommendations only address the use of downward-facing shielded lights and dark earth-tone colors.5 OHA also understands that Na Kia'i Nihoku have offered a range of additional information and actions that the Commission should consider in fulfilling its constitutional mandate,including reductions in development footprint and the relocation ofthe proposed developmentto a less sensitive area;limitations on any excavation work which may significantly undermine the natural and cultural integrity 2 See In the Matter ofthe Application of Philip J.Green and Linda M.Green,Exhibit M;Supplement #1 to Planning Director's Report:. Seeln the Matterofthe Application ofPhilip J.Green and Linda M.Green,40-43. 4 Planning Director's Report,8. 5 Planning Director's Report,11-13. Kaua'i Planning Commission Agenda Item F.1a October26,2021 ofthe area;and further protections forthe unique geological,biological,and cultural features ofthis wahi pana.6 Notably,although these proposed actionswere received by the County on August 31,2021,the current agenda packet is devoid of any response or reaction from the applicant or even the Planning Department. Finally,OHA notes that Na Kia'i o NihokO have filed a petition to be granted status as an intervener so that they may protect their constitutionally cognizable property interest7 in engaging in theirtraditional Native Hawaiian practices at Nihoku. Na Kia'i o Nihoku will undoubtably be directly and immediately affected by the applicant's proposed project,and their interest is clearly distinguishable from that of the general public.The admission of Na Kia'i o Nihoku as a Party-lntervenor will help bring clarity to the issues as well as potential solutions and paths forward.In light of what appears to be a lack of a proper Ka Pa'akai analysis,Party-lntervenor status may be an especially appropriate means to protect Na Kia'i o Nihokii's interests. Mahalo for the opportunity to provide testimony on this matter. 6 Supplement#1 to Planning Director's Report,9. "The legitimate claims ofentitlementthatconstitute property interests are not created bythe due process clause itself.Instead,'they are created and their dimensions are defined by existing rules or understanding[s]that stem from an independent source such as state law-rules or understanding[s] that secure certain benefits and that support claims of entitlement to those benefits.'"Flores V.3J-NR, 143 Hawai'i 114 at 125 (2019)(citing In re Maui Elec.Co.,141 Hawai'i at 260 (2017)(quoting IrLreJao, 128Hawai'iat241 (2012))). Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Mehana Vaughan <mehana@hawaii.edu> Monday,October 25,2021 7:30 AM Planning Department Testimony for 10/26,hearing on requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A on the upper slope of Nihoku Crate Negotiations Progress Timeline2,docx CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. 1.Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: Please find attach follow up testimony from the Sept.14th hearing on requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A on the upper slope of Nihoku Crater.At the last meeting,our Hui Na Kia'i o Nihoku,were asked to work on negotiating conditions with the applicant which would allow them to build a home here while protecting the cultural,ecological,and community significance of this vital wahi pana.In the intervening six weeks,we have worked hard to come to agreement,and our efforts our documented in the timeline below.Inability to reach agreement thus far,and mainly lack of response by the applicant to our efforts,led to our filing for contested case.Na Kia'i o Nihoku remain committed to reaching an agreed upon solution which protects the cultural,ecological and community significance of Nihoku and is grateful to the Planning Department and Commission for this opportunity and kuleana. Mahalo for all you each do for Kaua'i, Mehana Vaughan and Na Kia'i o Nihoku 1. 10/20/21 update Negotiations Progress &Timeline RE:Applications for Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A September 14,Planning Commission Hearing September 14,(4 PM)Notified by email from Phil Green that he would be traveling in October and wanted to come to consensus before then. September 16,Two members of Na Kia'i o Nihoku,Mehana Vaughan and Kapua Chandler met with applicant,Phil Green,for approximately an hour and a half,walked the layout of the home,and measured 140 ft.set back on lot 1. September 17,Mehana Vaughan met with Ka'aina Hull,Romio Idica and Jodi Higuchi Sayegusa to touch base on next steps following the hearing,clarify community and planning department roles. September 22,Two members of Na Kia'i o Nihoku,Kapua Chandler and Mehana Vaughan, hosted the Applicant,Phil Green,along with Romio Idica,Kaua'i County SMA planner on a visit of Nihoku and visited the subject parcel hosted by Phil Green.8:00 AM -11:00 AM September 26,Hard copy of updated draft conditions submitted to Phil and Linda Green in an effort to reach resolution before their travels. No response from applicant or applicant's attorney. October 5,9:58 AM,Follow up email sent to Phil Green to confirm receipt of draft conditions and ask about readiness to meet.Reminded the applicant of opportunity for providing update to broader community including many KTIaueans who submitted testimony through KNA meeting update. October 5,8:30 PM,Kau'i Fu provided general update for KTIauea Neighborhood Association (KNA)board and membership on outcome of Sept.14 planning commission hearing and importance of ongoing negotiation efforts including key asks for home to be situated lower and down sized to minimize impacts. No response from applicant or applicant's attorney. October 7,Four members of Na Kia'i o Nihoku met with Ka aina Hull,Romio Idica and Jodi Higuchi Sayegusa to provide an update on negotiation efforts. October 11-14,Members of Na Kia'i o Nihoku made multiple phone calls and attempts to contact attorney lan Jung.No answer received until the evening of October 14 saying that he was out of office until Monday,October 18,and stating,"We're working on a revised plan and will be in touch." This timeline does not include many hours of Na Kia'i o Nihoku hui meetings and outreach to community members to ensure that this negotiation is a collective process that includes kupuna wjsdom and captures concerns of KTIaueans,cultural practitioners,ecologists and others for this vital place;as well as consultation with experts in protection of traditional and customary practices across Hawai'i.Over 160 individuals testified in opposition to the dwelling and associated construction as proposed on September 14th. Collectively,in the month since the hearing,four members of Na Kia'i o Nihoku have contributed 30 hours per person.One has contributed 70 hours and a fifth,ten hours.These contributions total 200 hours of community volunteer effort towards negotiations.As of October 20,the applicant and their attorney had not provided any response to proposed conditions offered since September 26*. There is concern whether a substantive response will be shared in time to vet it with the broader community and reach agreement.Na Kia i o Nihoku remain committed to reaching an agreed upon solution with the land owner which protects the cultural,ecological and community significance of Nihoku and is grateful to the Planning Department and Commission for this opportunity and kuleana. Kristen Romuar-Cabico From: Sent: To: Subject: Attachments: Linda Moriarty <lindamoriarty9@gnnail.com> Monday,October 25,2021 7:49 AM Planning Department Nihoku Testimony 10/25/21 Nihoku Testimony.docx CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Kindly find attached my testimony re:Nihoku on today's agenda. Linda Moriarty October 24,2021 To:Planning Commission,County of Kaua'i From:Linda Moriarty RE:Nihoku (Crater Hill)Application Nihoku (Crater Hill)is to Kilauea and the Northshore what Diamond Head is to Honolulu. They are iconic landmarks.From its volcanic origins,as a bunker during WW 11,sugarcane fields,and today a seabird refuge,Nihoku defines the community of Kilauea.Generations of people grew up below and around it.On a compass,it is their "north." Fortunately for Diamond Head,despite years of development pressure,government and community,with foresight and prudent decision-making,contained development to the lower slopes.Kudos to them.Today,everyone who lives in Honolulu can look out to Diamond Head, secure that they can see a mountain without structures! We are now facing another critical juncture for Nihoku;the first,nearly 35 years ago when the community,together with the Federal Government,received funding through the late Senator Daniel Inouye to acquire Nihoku from a developer.This established the upper portion of Nihoku to become part of the Kilauea Wildlife Refuge and guaranteed an undeveloped viewplane.1 was partofthat community effort backthen.It's important thatthe Commission take note of the history of Nihoku and not succumb to "bigger,better and higher." As a lifelong resident of Kaua'i,and many years in Kilauea,increasingly we have had to accomodate our lifestyle with the growing numbers ofvisitors.We patiently share roads, trails,beaches and parks.We wait in lines.However,the one thingthat everyone can share equallyand enjoyarethe beautiful natural vistas.Let's not spoil thatview of Nihoku! Kristen Romuar-Cabico From: Sent: To: Subject: Ryan McCormack <polohinano@gmail.com> Monday,October 25,2021 8:01 AM Planning Department Testimony re:Proposed development at Nihoku,Kilauea,Kaua'i CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To whom it may concern, My name is Ryan McCormack and 1 am the kumu hula of Maunuunu,a school of traditional Hawaiian dance,in Kea'au,Hawai'i.My 'uniki rites were conferred in 2014 through Unukupukupu under the tutelage of Dr. Taupouri Tangaro,who was ordained as a kumu hula in the lineage of Halau o Kekuhi and the Kanaka'ole family.We are practitioners of the Hula Pele,the ritual dance form of the descendants of the Pele clan.The chants and dances of our lineage record the ongoing relationship between people and the volcanic forces of this archipelago.It is through this work of carrying this tradition that 1 was first introduced to the landscape of Nihoku. In 2016,1 was asked by Na Kia'i o Nihoku to share stories and perspectives about the many mythological, genealogical,and geological connections between the landscape of Hawai'i island and that of Kaua'i explicated in our traditions.Of the many place names that encompass Nihoku that do,indeed,affirm its status as a wahi pana there are multiple overt references to the Pele family (i.e.KTIauea,Na Kaikaina),which underscore the importance of the region in the living myths of Pele and her family,and the practitioners tasked with keeping these rich,didactic narratives alive for generations to come.Nihoku itself provides the ideal location for a pa hula,or designated space for ceremonial dance and chant offerings,and haumana from our halau were privileged to share the hula as part of Makahiki ceremonies there in 2017. As mo'olelo and mele confirm,Nihoku,and its surrounding wahi pana,have been areas of cultural and religious significance for centuries and continue to be so for Kanaka Maoli and practitioners of Hawai'i life ways.Any development that would restrict or interfere with the preservation of these lands,wildlife conservation efforts,and access to the area by cultural practitioners and lineal descendants of original inhabitants would be tantamount to an assault upon the culture and traditions of these lands,and would further erode the foundation of traditional knowledge so critical to understanding our collective human relationship to the landscape of Hawai'i. Therefore,1 am in opposition to the proposed development upon Nihoku. 'O au iho n6 me ka 'oia'i'o, Ryan McCormack Kumu Hula,Maunuunu Kristen Romuar-Cabico From: Sent: To: Subj'ect: Kapua Chandler <kapua@ucla.edu> Monday,October 25,2021 7:58 AM Planning Department Request for oral testimony CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, Emailing to request to provide oral testimony on Agenda Item Item la:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A. My telephone number is 808-6396248.Email is kapua@ucla.edu Mahalo, Kapua Sentfrom myiPhone Kristen Romuar-Cabico From: Sent: To: Subject: Jessica Kaui Fu <kauifu@gmail.com> Monday,October 25,2021 7:33 AM Planning Department Request for oral testimony CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Ke aloha nui ia kakou, Emailing to request to provide oral testimony on Agenda Item Item la:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A. My telephone number is 808-652-0886.Email is kauifu@gmail.com mahalo nui, Jessica Kaui Fu Kristen Romuar-Cabico From: Sent: To: Subj'ect: Hoku Cody <hokucody@gmail.com> Monday,October 25,2021 7:32 AM Planning Department Oraltestimony 10/26 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Myname is Hoku Cody,phone number 8088590352,email (thisone),and I'd liketo registerfororaltestimonyforthe permit at seacliff plantation sub division lot 11-A.Mahalo! -Hoku from the iPhone Kristen Romuar-Cabico From: Sent: To: Subject: Irons,Tim <tim.irons@dentons.com> Monday,October 25,2021 7:30 AM Planning Department October26,2021 Planning Commission:Item 1,Continued Agency Hearing:PhilipJ. Green and Linda M.Green,SMA,Zoning and Use Permit for farm dwelling CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Dear Planning: 1 will be representing the Greens at tomorrow's Planning Commission meeting on their farm dwelling application and would like an opportunity to speak.Please send me the zoom link for the meeting.Thank you. Sincerely, Tim Irons AXDENTONS Tim Irons What's Next?The answer is Talent.With more than 20,000 people,12,000 lawyers and 200 locations, Dentons has the talent for what you need,where you need it. 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Please see dentons.com for Legal Notices. Kristen Romuar-Cabico From: Sent: To: Subject: William Kinney,Jr <kinneyw@hawaii.edu> Monday,October 25,2021 7:20 AM Planning Department Request to testify 10/26/2021 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. I'd like to request to provide oral testimony at the Planning Commission Meeting /Hearing on 10/26/2021 on agenda items la and laii:the Green's SMA Use Permit,Class 4 Zoning Permit,and Use permit (SMA(U)-2022-1,Z-IV-2022-1,U- 2022-1)Applications AND the petition to intervene by Na Kia'i Nihoku. Mahalo Kristen Romuar-Cabico From: Sent: To: Subject: Sarah Barger <sarahbarger14@gmail.com> Monday,October25,2021 6:53 AM Planning Department Agenda Item 1a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. AIoha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners: My name is Sarah Barger,and I am writing to express my strong opposition to the application for permits to build on Nihoku (Agenda Item la:Special Management Area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A). I am also writing to express my support for Na Kia'i o Nihoku in their petition to intervene and negotiate on a level playing field with the applicant's legal team. The proposed massive development and excavation into the hillside is wrong on so many levels.It threatens the endangered seabird population who cannot endure such significant habitat loss,light pollution and disruption from construction and excavation.This proposed development is disrespectful to Native Hawaiians and a complete desecration, as it would be built on sacred ground,the burial site of many Kilauea 'ohana,and the home of important stories and traditions in Hawaiian history and culture.In addition,the excavation would be detrimental to the integrity of the hillside (already vulnerable to erosion)and its sensitive geology -which is one of many reasons that this area is classified as a Scenic/Ecologic Resources (ST-R)special treatment district area.This proposed development is too large and located too high up on the sacred mountain.For all of these reasons above,please deny permits to build the proposed house. You have the unique ability to speak out and protect fragile and sacred spaces on Kaua'i.You can choose to empower Na Kia'i o Nihoku to continue its faithful stewardship ofNihoku with grace and aloha.You can demonstrate that money can't buy everything in a community that prioritizes what is good for the people,the 'aina,the waters,the ancestors and 'ohana of this place,and all of the interconnected ecosystems enveloping this island. Mahalo for your consideration and for all the work you do for our island of Kaua'i. With much aloha, Sarah Barger Kristen Romuar-Cabico From: Sent: To: Subject: Sabrena Camp <scamp18@adrian.edu> Monday,October 25,2021 6:33 AM Planning Department Agenda Item 2:1 support Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter. CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners, 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However,the proposed house and accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention. The property is within a county natural land use designation,open zoning and a Scenic/Ecologic Resources (ST-R)special treatment district area.This requires the Commission to protect land and water areas with unique natural forms, biologic systems,or aesthetic characteristics of significance and value to the general public. 1 support Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter. Having worked diligently through my time as a KUPU AmeriCorps member to protect the seabird and waterfowl species that would clearly be impacted negatively by this development,1am saddened at the thought of more habitat loss and fragmentation.This area is sacred to the native Hawaiian people and the wildlife species (some that are found no where else in the world).It is our duty as a community to protect our land and wildlife before we push too far and these species are lost forever.There will be no button in the future to press when we have gone too far,so we must make these decisions now to protect the land.These developments are a gateway and continuation to develop all available land on precious Kaua'i where the native people and species will continue to suffer under the environmental pressures identified.Please allow Na Kia'i o Nihoku to neogtiate appropriate terms for this sacred land. Mahalo, Sabrena Camp (248)613-7398 HAWAI'I LAND TRUST Kaua'i Planning Department Kaua'i Planning Commission via email to:planningdepartment@kauai.gov Re:Comments on a Building Permitfor a residence on Nihoka (Crater Hill) October25,2021 Aloha Director Hull,Deputy Director Higuchi Sayegusa,and Members ofthe Planning Commission and Planning Department, It has come to my attention that in some conversations regarding the pending building permit on Nihoku (Crater Hill)that is before you for hearing tomorrow,October 26,2021,a conservation easement held by Hawai'i Land Trust has been suggested as one possible option.As a matter of policy and practice,Hawai'i Land Trust does not take positions,either supporting or opposing development proposals.Following this practice,I'm writing to provide information only,and not to support or oppose the requested building permit.I'll provide basic information regarding conservation easements in the hope that it may be helpful to the Planning Commission and Department on the particular Nihoku building permit before you,and in future projects. As a nonprofit voluntary land conservation organization,Hawai'i Land Trust has two primary tools to assist landowners and communities to voluntarily conserve land:fee simple purchases for conservation,and conservation easements.A conservation easement is a voluntary,legal agreement between a landowner and a qualified conservation land trust or government agency that permanently limits uses of the land in order to protect its conservation values.In any successful voluntary land protection effort,there are five factors or pillars that must be present.Land trusts connect these pillars together: 1)Land that is privately-owned,threatened,and with natural and or cultural resources that the land trust seeks to conserve. Board of Directors 2021 Mary Charles,Board Chair Lisa Grove,Vice Chair Keith Ogata,Treasurer Jennifer Luck,Secretary Jonathan Scheuer,Past Chair Neil Hannahs Matt Beail Le'ahi Hall Larry Stevens Jody Kaulukukui Marissa Harman Randy Vitousek :Jocelyn Herbert ,Teresa Young Laura H E.Kaakua,President S C£0 Hawai!i Land Trust |126Queen Street,Suite 306,Honolulu,Hawai'i,96813 i,744.AINA |HILT.org 2)WillingSeller/Grantor 3)Identified Future Owner,Steward,and/or Conservation Easement Holder 4)Funding (or Donation) 5)Community Support for Conservation When one of the above pillars is missing,Hawai'i Land Trust does not work on an effort.In the case of the Nihoku property,there is not a Willing Seller/Grantor of a conservation easement or property (ff2 on the list above).Therefore,Hawai'i Land Trust is not pursuing a conservation easement on the Nihoku property. Here is an explanation of voluntary land conservation taken directly from the Community Guide to Hawai'i Land Conservation,Hawai'i Land Trust and The Trust for Public Land (2020): "Voluntary land conservation involves conserving land with the willing participation of the landowner - receiving a land donation,buying land,or restricting land uses on property via a conservation easement. Sometimes,landowners have a love of the land and want to donate land or a conservation easement to a land trust.A conservation easement is a voluntary legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values.Other landowners are willing to sell land for conservation,or restrict their property from development,for the right price,through selling a conservation easement,or for a combination of cash and tax write-offs.The key to voluntary land conservation is that it is a negotiation and a voluntary process from which the parties (land trust and landowner)can walk away at any time.The landowner is a willing participant in the conservation of the land and is not forced to conserve the land through laws or regulations imposed by the government. To provide background on Hawai'i Land Trust (HILT),we are Hawai'i's islands-wide land trust that is both a Hawai'i 501(c)(3)nonprofit,and a nationally accredited land trust.We protect and steward the lands that sustain Hawai'i,and teach future generations to do the same.We have protected 21,650 acres across Hawai'i through 7 public preserves owned and stewarded by HILT,45 conservation easements restricting privately-owned lands,and 5 facilitated projects assisting government agencies to protect special natural places. Mahalo for the opportunity to share information on voluntary land conservation, Laura H.E.Kaakua Presidentand CEO Hawai'i Land Trust Hawai'i Land Trust |1 26 Queen Street,Suiie 306.Honolulu,Hawai!i,96813 744.AINA ]HILTorg r-, DEPARTMENT OF PLANNING i<A'AINA HUI.L,DIRECTOR JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR l>c.3\e.n,s.^.(VAv'/Mn^lilill.MriTUK MtCHAEL A.OAHtLIG,MANAGING DIRECTOR SUPPLEMENT#5TO PLANNING DIRECTOR'S REPORT 1<E: APPUC^VNT: Class IV Zoning Permit Class IV-2022-1 UsePermit U-2022-1 Special Management Area Use Permit SMA(U)-2022-1 PHILIP J.GREEN AND LINDA M.GREEN ( Attached for the Planning Commission's reference is supplemental information as follows: a.Letter (10/26/2021)from Mavi Kaneg. b.Letter (10/26/2021)from Pamela Burrell. c.Agency Comments (10/27/21)from Untied States Department ofthe Interior,Fish and Wildlife Office d.Cultural Analysis (11/24/21)from Kaui Fu,Billy Kjnney,Hoku Cody,Kapua Chandler, Mehana Vaughn e.Letter (11/2/2021)from Bill Schilling f.Letter (11/2/2021 from Paul Rapozo g.Letter (11/3/2021)from Saint Rapozo h.Letter (11/4/2021)from Victoria Weeks i.Letter (11/5/2021)from David Rossiter j.Letter (11/8/2021)from Lucinda Robertson k.Letter (11/9/2021)from Evelyn Brodie I.Letter (11/10/2021)from John Maxwell By Romio Idica StaffPlanner Date:><•Z&^-o2_l 4444 Rice Street,Suite A473 •Lihu'e,Hawai'i 96766 .(808)241-4050 (b) An Equal Opportunity Employer CI.usrVZoningpermitZ-IV-2022.1 UsePemiit U-2022-1 Speciai Management Area Use Permit SMA(U)-2022-1 Supplement#5 to Director's Report FKILiF L GREEN AI<D LC'>f&A M.LrKbfcN ^A.l.^t rr //,Ofl'?'ihl 1 ti ^UL Kristen Romuar-Cabico From: Sent: To: Subject: Mavi Kaneg <maviconant@msn.com> Tuesday,October 26,2021 6:28 AM Planning Department NIHOKU (Crater Hill)/Sea Cliff Plantation CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy Director and Staff: My name is Mavi Kaneg.1 support Na Kia'i o Nihoku in their petition to intervene and represent the public's interests on this matter. 1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 1 1 -A.The land carries multiple protective land use designations and zoning layers deslgned to protect scenic and ecological resources of unique value for the public.We support the applicant's right to build on the site.However, the proposed house and accompanying development are much too large and improperly situated forthe ecological and assthetic sensitivity of the site.1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i young people,The house is much too large and located far too high up the mountain,In a sensitive area that should not be built upon at all.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and attention.With much aloha,Mavi Kristen Romuar-Cabico From: Sent: To: Subject: PAMELA BURRELL <pamelaburrell@me.conn> Tuesday,October 26,2021 7:38 AM Planning Department Sea cliff plantation -lot 11a CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Dearcommission members, I realized 1 am late in voicing my concerns so I'll be brief. 1 walk regularly in this area and visited lot lla last week.1 can't imagine a mega mansion or any house on that hill ..any size!It adjoins the bird sanctuary and is a special place that should remain open. Please consider the impacts of allowing this project to continue. Thank you, Pamela Burrell Kilauea 808-639-8161 From: Sent: To: Subject: Sandra <swkilauea@gmail.com> Monday,November 8,2021 8:27 AM Planning Department SMA 2022-1 (Seacliff,Green) CAUTION:This email originated from outside the CountyofKauai.Do notclick links oropen attachments even ifthe sender is known to you unless it is something you were expecting. To:PlanningCommission The situation regarding the subject parcels in the Seacliff subdivision is disturbing and puzzling.This subdivision was approved by the County sometime in the 1980's.At that time,the developer agreed to concessions,one of which was deeding large acreage of Crater Hill to State,Federal and environmental agencies for protective oversight;thank you Planning.As a gated community,Seacliff properties face strict building restrictions and enforced maintenance requirements. So,to the puzzle:Why now is Mehana Vaughan and her recently formed Hawaiian group,Na Kia'i Nihoku,asserting demands on these two parcels?Where were they for the other Seacliff homes recently built?Hawaiians owned ALL of Hawaii until the U.S.took political and financial interest in the islands.Many Hawaiiians regret ceding,but the majority vote prevailed.To believe now,however,that there is entitlement in any legal manner to make demands of a landowner,is beyond reason. Kauai is a small island,and there are some very negative,disturbing efforts underway to stop the parcel owners from proceeding to build their retirement home.I cannot imagine how their legal right to build could be withheld by Planning. My final comment:This is not a matter of how many people can be rallied against a legal building.This is a matter of law,long-established.1 have every faith in Kaua'i Planning Commission to follow the law. Respectfully, Sandra E.Wright, Kilauea,1-11 828-1602 United States Department ofthe Interior FISH AND WILDL1FE SER.V1CE Pacific Islands Fish and Wildlife Office 300 Ala Moana Boulevard,Room 3-122 Honolulu,Hawaii 96850 [n Reply Refer To: 01EPIFOO-2022-TA-0013 October27,2021 Mr.Romio Idica Coastal Zone Management Planner County of Kauai Department of Planning 4444 Rice Street,Suite A473 Lihue,Hawaii 96766 Subject:Technical Assistance Regarding Residential Construction in Seacliff Plantation Subdivision in Kilauea,Kauai Dear Mr.Idica: The U.S.Fish and Wildlife Service (Service)received your letter requesting Technical Assistance regarding construction ofa residence in the Seacliff Plantation Subdivision,located in Kilauea on the island ofKauai.The proposed construction includes three structures including a single-family dwelling,a guest house,and garage,as well as retaining walls and a pool.There are several species listed under the Endangered Species Act (ESA)which may be present on or transit through the proposed project area.These federally listed species include the threatened Hawaiian goose (Branta sandvicensis);the endangered Hawaiian petrel (Pterodroma sandwichensis),endangered Hawaii distinct population segment (DPS)of band-rumped storm- petrel (Oceanodroma castro),and threatened Newell's shearwater {Puffinus auricularis newelli) (hereafter collectively referred to as Hawaiian seabirds).We have included avoidance and minimization measures below to reduce impacts to these federally protected species. Hawaiian eoose (Nene) Nene are found on the islands ofHawaii,Maui,Molokai,and Kauai.They are observed in a variety of habitats,but prefer open areas,such as pastures,golf courses,wetlands,natural grasslands and shrublands,and lava flows.Threats to the species include introduced mammalian and avian predators,wind facilities,and vehicle strikes.Nene will be vulnerable to interactions with your project throughout construction,as well as post-construction activities on the property. The property contains open pasture,which is a preferred loafing habitat for the Nene.It is also regularly present at the Kilauea National Wildlife Refuge,which is adjacent to the property. 1NTERIOR R£GION 9 COLUMB1A-PACIFIC NORTHWEST 1NTERIOR R-EGION 12 PAC1F1C ISLANDS 1DAHO.MONTANA",OR.EGON*,WASHINGTON*PART[AL AMER1CAN SAMOA.GUAM,HAWA11.NORTHERN MAR.IANA ISLANDS Mr.Romio Idica 2 To avoid and minimize potential project impacts to Nene the Service recommends you consider incorporating the following applicable measures into your project description: •Do not approach,feed,or disturb Nene. •IfNene are observed loafing or foraging within the project area during the Nene breeding season (September through April),have a biologist familiar with the nesting behavior of Nene survey for nests in and around the project area prior to the resumption ofany work. Repeat surveys after any subsequent delay ofwork ofthree or more days (during which the birds may attempt to nest). •Cease all work immediately and contact the Service for further guidance if a nest is discovered within a radius of 150 feet of proposed work,or a previously undiscovered nest is found within said radius after work begins. •In areas where Nene are known to be present,post and implement reduced speed limits, and inform project personnel and contractors about the presence ofendangered species on-site. Hawaiian seabirds Hawaiian seabirds may traverse the project area at night during the breeding season (March 1 to December 15).Outdoor lighting could result in seabird disorientation,fallout,and injury or mortality.Seabirds are attracted to lights and after circling the lights they may become exhausted and collide with nearby wires,buildings,or other structures or they may land on the ground.This is known as seabird fallout.Downed seabirds are subject to increased mortality due to collision with automobiles,starvation,and predation by dogs,cats,and other predators.Young birds (fledglings)traversing the project area between September 15 and December 15,in their first flights from their mountain nests to the sea,are particularly vulnerable. To avoid and minimize potential project impacts to Hawaiian seabirds the Service recommends you consider incoqiorating the following applicable measures into your project description: •Fully shield all outdoor lights so the bulb can only be seen from below bulb height and only use when necessary. •Install automatic motion sensor switches and controls on all outdoor lights or tum off lights when human activity is not occurring in the lighted area. •No nighttime construction is allowed during the seabird fledging period,September 15 through December 15. *Undergrounding of utility lines associated with this property. Hawaiian seabirds are vulnerable to anthropogenic threats and various stages of their lives. Fledglings and adults are attracted to light,so in addition to the downward facing and shielded lights that are proposed in the Special Management Area Use Permit application,we recommend fixtures with variable light intensity that allow for dimming during the seabird fledgling period (September 15 to December 15).We also recommend that any outdoor lighting be activated by motion rather than steady illumination,as it is less likely to result in attraction.In addition to ESA listed seabirds there are several other seabird species that area attracted to light and may fallout as a result. Mr.Romio Idica The Service strongly recommends the undergrounding ofutility lines to eliminate the threat of strikes from seabirds transiting through the area.This property is located approximately 500 yards from the Nihoku Ecosystem Restoration Project,which is a translocation site for two ESA listed seabirds that regularly transit through the area.This property is also located in a known seabird flyway,increasing the risk for seabird interactions with utility lines Ifyou have questions regarding this letter,please contact Narrissa Brown,Fish and Wildlife Biologist (phone:808-792-9400,email:Narrissa Brown(a),fws.gov).When referring to this project,please include this reference number:01EPIFOO-2022-TA-0013. Sincerely, AARON NADIG Digitallysigned by AARON NADIG Date:2021.10.27 11:11:18-10'00' Island Team Manager Oahu,Kauai,Northwestem Hawaiian Islands and American Samoa November2021 CULTURALANALYSIS OFNIHOKU Prepared by: Kaui Fu Billy Kinney Hoku Cody Kapua Chandler Mehana Vaughn Introdyction The intention ofthis document isto more fully inform the readerofthe cultural practices thatwill be affected by the proposed property and the ways in which the County can take action.This is NOT a Ka Pa'akai analysis to be used by current or future permit applicants within the KTIauea region. Overview of Na Kia'i [o]Nihoku Organization Na Kia'i [o]Nihoku (NKN),caretakers and guardians of Nihoku,is a community-based intergenerational organization of cultural practitioners,lineal descendants of Kilauea,educators,scientists,and citizens founded in April 2016. NKN recognizes that the lack ofaccess and participation in seabird conservation,protections,and education has negatively impacted the Native Hawaiian community across north shore Kaua'i and,by extension,throughout the main Hawaiian Islands.Furthermore,NKN seeks to caretake this important wahi pana through 5 main purposes: a)To reconnect to traditional and customary practices,traditional ecological knowledge, kupuna (ancestors),and mo'olelo (oral histories). b)To enhance ecosystem health through hands-on restoration work c)To facilitate appreciation and understanding of cultural heritage and wilderness areas. d)To train future generations to maintain traditional knowledge and wildlife conservation e)To respond to shifting phenology in the face of climate change in a manner that protects living cultural and natural resources. Through the use ofa Special Use Permit (SUP)with the United States Fish &Wildlife Services (USFWS), NKN provides safe and meaningful experiences to groups and community members for cultural, educational,and ecological restoration purposes.The total area ofthis effort spansfrom Wowoni pointto Mokolea,including the lands of Nihoku within the ahupua'a of KTlauea and Kahili.These areas encompass the KTIauea Point National Wildlife Refuge (KPNWR). Due to the cultural significance and ecological sensitivity of Nihoku and its surroundings,these events are subject to group size limitations,biosecurity restrictions,and cultural protocols. For four years prior to the coronavirus pandemic,from 2016-2020,NKN held 40 events at Nihoku and surrounding areas,hosting over 800 people.These groups included Kaua'i school children,Hawaiian immersion schools,hula halau,and other cultural practitioners along with groups like Leadership Kaua i and Kaua'i Community College classes.Over half of those attending had never been to Nihoku. Overview of NKN as Hoa'aina of Nihoku It is important to note that in determining whether rights have been customarily and traditionally exercised,on a specific property /parcel or site,the court looks to kama'aina (native-born)testimony and affidavits describing the history and traditional practices of Native Hawaiians living in that geographic area.In regardstothe locality,specificityofTCPona parcel,"the court notedthatthe plaintiffhad presented kama'aina evidence,testimony from its members,and affidavits tending to show that the traditional and customary rights associated with tenancy in an ahupua a extended beyond the boundaries of the ahupua'a"(Pele I,73 Haw.at 620-21,837 P.2d at 1272).The court ruled:(a)hoa'aina (tenant/caretaker)can gather beyond the ahupua'a in which they live,where such rights have been customarily and traditionally exercised in this manner;(b)hoa'aina can gather what is needed for traditional and customary Hawaiian subsistence,cultural and religious purposes;(c)hoa'aina may enter undeveloped lands to reasonably exercise their traditional and customary practices;and (d)the interests of the property owner and hoa aina must be balanced.This ruling is significant because it outlines how the State will balance the interests of the property owner and the practitioner in question.However,the prefered method of determining the extent of the implications a development and/or structure will impair traditional and customary practices conducted on a site failstoconsiderthe role ofthe complex, geographic area and connectivity of important sites with practitioners,In this context,Na Kia'i [o]Nihoku (NKN)exists as hoa'aina to Nihoku and the Green's proposed house site and associated parcels. When identifying culturally significant places and practices,it is insufficient to sotely base those distinctions on artifacts and architecture concentrated in a smaller,defined area with boundaries.Abad (YEAR)utilizes"distributional archaeology"and methodological approaches that apply a regional,rather than site-level,focus.This allowsforthe archaeological and/orcultural recordto bethoughtofas a continuousdistribution ofartifacts and lived experiences overthe surface ofthe land with different frequencies and densities.This composes trerrtendous explanatory potential that would otherwise be missed if only high-density areas (e.g.,a property,shrine,temple with walls,settlement site)were used as separate units of analysis that ignore the lower artifact density areas abutting them (Dunnell and Dancey, 1983;Ebert,Larralde,and Wandsnider,1987;and Feder,2016:42).Due to socio-economic changes and changes to land tenure/aina has been subdivided and important cultural landscapes have been fragmented using arbitrary and politically defined boundaries,the practices described in this document include both the subject parcel in question and the surrounding area of Nihokii. Traditional and Customarv Practices at Nihoku 'Oiwi Hawai'i The word 'oiwi is defined as native or a native ofthis land.The etymology ofthe word points to the idea of iwi or bone(s)and homeland as identifiers.The ways in which an 'oiwi Hawai'i identifies as a native of Hawai'i is substantiated by the presence of his/her/their ancestor's iwi within the land -their kulaiwi. Establishing genealogical ties to specific places literally means to have your bones in the land.Your own interests are "ko iwi"(your iwi),and to work toward your own interests and to work for the land is to "hana no i ka k6 iwi "or to do [something]for your own bones.'Oiwi lifeways,customs,and beliefs are jnclusive of contemporary subsistence,kinship,language,governance,and [andscapes.It is simply a traditional (a long-standing belief)and a customary practice (usually associated with a particular society, place,or set of circumstances)to be 'oiwi Hawai'i.While the tangible aspects of this Traditional and Customary Practices (TCP)are few and elusive,it is overtly apparent and indisputable in the connection an 'oiwi hasto one's kulaiwi.It is paramount and 'oiwi identities are a central tenet ofHawaiTs culture. SummaryofTCP •There are members of NKN and members of the community whose bones are located in andaround Nihoku. o The graveyard,the highest point in Kilauea,the development of this place is negatively impacting the Hawaiian practice of interring elders in a place of honor, the highest space,with nothing between them and the lewalani (See section: Geography). o This practice of this type of placement of graveyards-such as the marked and unmarked graves that exists on Nihoku-have been adapted by other ethnic groups that emigrated to Hawai'i. Extent oflmpacts •Placing a luxury home next to or above these burial sites has an impact on the experience of honoring and visiting elders. •It is crucial to allow them the memorjes and history of place /people through connection to their 'oiwi 'aina,kulaiwi,lands where their bones lay -and to not disturb those areas. Geography and Geological Features This section covers the importance of specific geological features that sets Nihoku apart as an important wahi pana fora wjde arrayoftraditional and customary practices. The Hawaiian body and mind retain cognitive maps based on external cues and internal dialogue -fed by the cumulative knowledge of space,stories,relationships and the routes between them -in order to create and store wisdom to orient and navigate.These cognitlve maps retain feelings,associations, emotions.All ofwhich are retrievable ifthe map user is not in the place they were originally mapped. "The outsider follows a map s pattern ofcontours,symbols,and colors over geographical surface, but the insider annotates the map,tracing the invisible landscape through mythic tales,labeling the land with the worlds and stories of their songs,sketching imaginative contours and dramatic peaks through repeating their traditional narrative"fAdamson 7). Mauna and Pu u-~Mauna and pu'u provide sweeping views of entire landscapes which is critical for dynamic assessments ofbioeconomic practices,ecological patterns,and socio-environmental impacts.As the highest and only coastal vantage point along Kaua'i's north shore,Nihoku provides a clear and unobstructed view of all mountains from Anahola (Kalalea)to Haena (Makana),as well as unobstructed views of celestial objects relative to the viewer s position on earth.Thereby,Nihoku assumes the position of being an important fulcrum to many custonnary and traditional practices across multiple districts and ahupua'a. High vantage points on mountains (mauna)and hills (pu u)are culturally significant due to their proximity to the lewa.Typically,the proximity to the lewa is foundational for and sets the ultimate relationship for all other sacred sites and those respective ceremonies and practices The concept of lewa is ,generally,the entirety ofthe sky with qualifying adjectives to delineate the different stratospheres. Traditionally,it was believed that the source of real political will,transformation and change was linked to the lewamakua and lewalani stratas as its celestial processes governed all aspects ofthe natural and physical environment.The concept of lewa also means to reach a state in which you understand something entirely.Whether it is the type ofwork you do or your intimacy with a place,lewa means to be thoroughlyfamiliar. f.eivomd/cuo-Stratosphere directly above one's head until the Lewalani,heavens.For Kilauea and Nihoku this is the space birds occupy when near nesting grounds.It is a phenomenon in Hawai'i that is limited to this density on Kaua'i at Kilauea,Nihoku,and Mokolea. Na Kaikaina-a geological feature that confirms Pele's impact on Kilauea,Kauai.In this particular place,the physical or geological formation confirms the relationship of the community to this particular geological feature. Chang (2016)notes that the emergence and goal of 'oiwi geographers has been to demonstrate mo'oku'auhau (genealogy)that ties Kanaka and 'aina (land)together.From that relationship comes a profound knowledge ofand sense ofconnection to land and sea,wind and rain,uka and kai. Huaka'i,Ka'apuni and Ho'okipa Scholars such as Katrina-Ann R.Kapa'anaokalaokeola,Carlos Andrade,Kali Fermantez have all pointed to the need for Hawaiians to reconnect to ancestral places in Hawaiian ways of knowing,like the act of huaka'i,that are rooted in place which can be a powerful means of fighting displacement as well as personal transformation. Closely related to the huaka'i and journey of our akua,kupuna,and kupua told through Hawaiian folklore, ourpersonaljourneysofferreal challenges and lasting memoriesthat tell usofthebeautyand discoveries (about place and ourselves)that transpired.Many travels of 'oiwi are known from the mele written and mo'olelo told to commemorate their remarkable trips.These experiences are often confirmed via the oral histories passed down by the guides and hosts of such huaka'i into such areas. Mo'olelo such as Hi'iakaikapoliopele tell us of a wahine's coming of age and a wahjne akua coming into her power.Queen Emma s journey to Mauna a Wakea tells us how difflcult it can be to reconnect with kupuna and to recommit to kuleana.Kuapaka a,son of La amaomao of Kapa'a,convinces the ali'i to allow him to trave!around Kaua i with them as he secretly goes on a quest to find his father. In a global context,'Oiwi Hawai'i -more particularly,Pacific traditional voyagers are heralded as some of the best seafarers and wayfinders the world has ever seen yet often framed as static,passive accomplishments isolated from traditions of exploration and travel.Oavid Chang (2016)asks the question What if we were to understand [Hawaiians]as the active agents of global exploration,rather than the passive objects ofthat exploration?". Particularly in the nineteenth century,Native Hawaiians were actively making relations with other peoples and places through huaka i.In 1881,King David Kalakaua set off to circumnavigate the globe bringing attention to this tiny island Nation of Hawai'i,as well as make significant connections to other world leaders and sharing more about Hawaiian culture and people -and its dire need for allies. Traditionally,Nihoku was a place that ali'i stopped when they ka apuna Kaua i or traveled the island circuit.We see that when Kauakahiali'i started his ka'apuni Kaua'i at Nihoku in a mo'olelo published in the newspapers call He mo'olelo ho'oni pu'uwai no ka eueu -Kapunohuula,(Kuokoa home rula,vo.X,no.5, 1912).Halanikikaupua was an ali'i specific to Nihoku. -'A'ahoaka-looking for a reference. -Lono -A benevolent chief of Kaua'i.Mentions his keiki:Konaaialee (keiki),Kuluiua (kaikamahine), Kaikilanea (keiki kane,no Niihau),Kolowahine (kaikamahine)and mentioned a chief of NihokO by name—Halanikikaupua. Mele (songs)are composed and narrated in mo'olelo (stories),and "renderthem with astonishing specificity in the knowledge"of inoa aina (place names)and wahi pana,because renowned sites are tied to narratives.Such recollection and recounting are offered to those who have travelled near and far and geographers who have studied and become intimate with the knowledge ofancestral places. Ho'okipa,the act of hosting and welcoming,extends beyond opening your home to others but also fostering and facilitating proper huaka'i outcomes for malahini.Hawai'j s visitor industry and its sentiment of aloha borrows from the traditional and customary practice of ho'okipa in which our /oiwi Hawai'i would facilitate and contribute to the collective knowledge ofthe history of place. At the nexus of Huaka'i and Ho'okipa is a well-spring of discoveries and relationships that are incubators for sense of place,belonging,and encouragement to return to our piko with a renewed sense of commitment to 'aina,personal practices,and the lahui.Maya Saffery's dissertation (2019)exclaims the importance of huaka i and ho'okipa as a way to reaffirm kuleana and provide 'ike kupuna (ancestral knowledge)that we can then apply in our fulfillment of our kuleana to our piko (central connections),our mole (roots),and lahui (community). Summary of TCP •The traditional and customary practice of huaka'i includes travelling,visiting,and coming to knowa place bytraversing itsala nihinihiandala kapekepeke (narrow,precipitous, unstable paths).Then,returning to your piko /mole (your center,central practice, kuleana,home or geneology)with a renewed sense of commitment. •Nihoku,and adjacent areas,are sites in which we have facilitated many personal journeys, many of them being those entrenched in hula traditions,keiki in 'aina-based learning curriculum,and community groups and/or Native Hawaiian organizations (see executive summaryfornumberofgroups hosted) •When all the Pele halau come to oli,they see Nihoku in its entirety.That process is informed directly from the human journey to the crater. Extent oflmpact and Impairment Concerns •Futl figure and shape of the mauna wtli be impaired.Mauna and pu'u are highly important landmarks and land features that provide shape and form to huaka'i.The distant features of mauna forebode upcoming and incoming tribulation or difficulties in huaka'i.These land features overlay a landscape with physical features that underscore life's trajectories and tribulations that increase our capacity for pono leadership,personal excellence/and positive contributions to society. o And,depending on how close we are to the base of Nihoku's mauka side the shape and form of its entirety may be visually changed or impaired.Most groups and hosting is done near and pass within clear view of Nihoku and the Green's proposed house site. •From a traditional perspective,the Green's house structure and complex indefinitely changes the process of huaka'i and related practices such as mele,hula,oli for and about Nihoku.Similarly,allofthese practices call upon the subtle detailsand manaofa place. Visually and culturally,the diminishing of Nihoku as a further altered landscape impacts and impairsthepractice oftraversinga landscape and allowing importantcultural journeys to unfold. o Also related to kilo (observation)the huaka'i themselves provide experiences that ensure visitors would amve at their destinations wjth humility and heightened sense.To ike maka -see,witness,and perceive -all that would come from the huaka'i is predicated upon how clearly,unobstructed the convergence of practitioner and place. Kilo The Mo'okahuna is a high-ranking class and succession of traditional spiritual leaders and scientists. Withjn that class were the Kilo Pae Honua,who were revered for their ability to interpret activities of the sky,land,and sea aswellasofthe internaland external universes.Tokilomeansthatyou endeavoron a profound and intimate multi-sensory observational practice that investigates traditional oratory information alongside the environmental and socio-political patterns relevant to the present time and space of the community that they serve.The roles of the Kilo Pae Honua,Kilo Aina,and Kilo Lani,along with other Kilo classes are a prerequisite for survivability-even today we depend on kilo to mark the interrelations between celestial timing,cyclical change,seasonality of the natural world (and its inhabitants),oratory knowledge,and socio-political affairs.Especially on landmark periods ofthe Hawaiian calendar-equinoxes and solstices-practitioners are steeped in ceremonies that recreate and assist in the calibration ofthe traditional calendar.These ceremonies recognize and document phenology,or seasonal changes,and set intentions that determine what and how to operate within the hurrian dimensions of land-people interactions (how to fish,hunt,gather,grow,and share). Extent of Impact It is the only place that provides a visual confirmation for broad and specific ancestral knowledge, mo'olelo,and kilo observations such as: •Visual markers on the horizon for the rising and setting of the sun and moon to calibrate annually and monthly.These include but are not limited to: o Summer solstice "Ke Ala Polohiwa a Kane"The Black Glistening Path of Kane-when the sun reaches its most northern point in the sky,occurring in June o Winter solstice "Ke Ala Polohiwa a Kanaloa"The Black Glistening Path of Kanaloa- when the sun hits its farthest point south in the sky,occurring in December o Springequinoxas "KeAla'ula a Kane"The Dawningofthe Path ofKane-occumng In March o Autumnal equinox as "Ke Ala Ma'awe'ula a Kanaloa"The Red Track or Tentacle of Kanaloa-occurring in September o Kau ka la i ka lolo-Sometimes referenced in modern time as "Lahaina noon".A sacred time of day with no shadow when the sun is directly overhead. o Sunrise and sunset from the same place and moonrise and moonset.That is a key calibration point which sets you up for the Indigenous calendar.It is challenging to find moonrise points without the coastal vantage point of NihokO. •The ability to see the interdependency of seabird nesting cycles with native plant flowering/seeding cycles for greater ecological understanding •/A/ahoaka—thebreadth of this mo'olelo that can only be examined while standing on Nihoku as the unobstructed viewpoint (Nihoku)that confirms the environmental and genealogical connections ofthis island-level story. •Pele&Hi'iaka--theonlyvolcanictuffconeontheentire island ofKaua'i isthe Nihoku crater. •Levels /Stratospheres of the heavens -lewa lani,lewalani lewa etc. •The dome,the Kahikis o Hikina/Komohana/Kahikimoe -east orwest o Kahikiku -on the horizon o Kahikikepapanuu -20 degrees above horizon o Kahikikepapalani -above 20 degrees •Kahikikapuiholanikekui'na -Zenith o Wayfinding and Celestial Navigation.Navigators memorize where stars rise and set to find direction in relation to Kahikiku.Once a star rises above Kahikikepapanuu its path along the night sky is no longer reflective of its rising and setting point on the horizon.Its position in the sky is most useful during this proximity to the horizon.Lights from this house could potentially affect the visibility of rising stars.NEED TO DOUBLE CHECK. Feasible Action ofthe County o All things related to lighting. Oral Traditions Oral tradltions are a form of 'lke kupuna (ancestral knowledge)transmitted via genealogies,mythologies, place names,chants (and traditional songs),narratives,proverbs,riddles,and other verbally transmitted customs.These knowledge repositories kept and preserved the social understanding ofthe natural order and the interdependent relationships ofthe world.In this way,landscape plays a critical role as a fixed and lasting point of reference for each generation in the process of remembering the past while building a meaningful future.(Kikiloi,2010) Place names are important cultural signatures etched into a cultural landscape.Embedded within the names are traditional histories and stories that document how traditional Hawaiians felt about a particular area,its features,or phenomena.Geological features and place names provide depth,meaning,and significance to once-barren cultural landscapes.(Andrade,2008;Handy &Pukui,1398;G.H.S.Kanahele, 1986;P.Kanahele,2005;McGregor,2007). Ha'i n/Io'olelo/Kaka 'Olelo (traditional storytelling) 'The storyteller was an improtant part ofsociety because his kuteana was to pass on information of events-magnificent,catastrophic events,that was his kuleana.And so the storytelling,in weaving the story,added to the story some common everf day practice so that most of the population would understand the story.The storytelling also was wise in knowing a lot of the events that took place asfar as weather,eruptions,etc.,he knew about the elemental forms that Lvere invovled...And so he was good at weaving stones so everyone can understsand because that was one way to pass down information.... ...The thing that the storyteller has to put over is there has to be a lesson for this.And the lesson for this one is we understand the space that we live in,and we understand it a passion....that you live inyourspaceandyou liveinyourspace with passion....Allowthe spacethatyou exist in to light yourfire so that you impact the space,the space impacts you.It's that idea that you become part ofthat land,you know as much as you need to know about that land,you becomefired up about it...each ofus need to havefire lit within us so that we have passionfor who we are,for what we do,and the space we live in."—Dr.Pualani Kanahele,TedxMaui 2012—Livingthe Myth and Unlocking the Metaphor Ha'i mo'oleo or kaka'olelo is the name for a storyteller.The traditional customary practice of ha'imo'olelo happens on Nihoku through the recounting of multiple historical events. NKN shares a traditional historical account of Na Kaikaina as passed down to us from KOpuna Gary Smith astoldfrom Hawaiian familiesofthis area.Thisoral historytakesplacewherethegeologicalformation remains today-on the adjoining parcel to the Green's Property. Na Kaikaina is the story of three sisters--Pua,Lahela,and Kalama-who were residents of the area.Theyobserved Pelein her pursuit ofa home,diggingwith her'o'oatNihoku.Dayafterday, Pele was relentless with her digging stick trying to carve a home for herself at Nihoku.The three sisters stood at the top of the crater doubting her ability.As the story goes in other spots that Pele had tried to dig a home,Pele's sister Namakaokaha'i caught up to her and put out the fires with the sea that she dug out from the earth with her 'o'o.The three sisters witnessed this defeat and onecalledout "I mea aha kena 'o'o?","Forwhat isthat little digging stick?"They did not realize that Pele was a goddess,nor did they realize the power she possessed.Enraged,Pele turned toward the three sisters and struck them with her 'o'o,turning them into stone where they remain until this day.Pele leaves Kaua'i and continues her journey east in her pursuit for a new home. In the story of Hi'iakaikapoliopele,the wind name specific to NihokO,Aopoomuku,is given within a chant identifying winds of Kaua'i.The name can be taken apart and translated from the Hawaiian dictionary as such: 00 1.nvi.Light,day,daylight,dawn;to dawn,grow light;enlightened;to regain consciousness.Cf. aokanaka.Piliwaiwai lakou a ao ka po,they gambled until night became day [all night long,until dawn].Kela po a ao a'e i nehinei,night before last;//(.,that night that dawned yesterday.A ao ka po a po ke ao,when night becomes day until the day becomes night [for a night and a day].Ua ao mar ka no'ono'o,the mind is functioning.ho'ao a.To marry;marriage (old term,probably lit.,to stay until daylight). b.(Cap.)Night ofthe day is called Huna,the eleventh night ofthe month,when the ho'ao nuptials took place.(PPN 'aho.) 2.n.Any kind of a cloud,including /6pua,but specifically,high clouds that when wind-blown scud along (ka'a).See ex.,punohu 1,and cf.aoku,ao loa,ao 'onohi,aouli,'Spua,palamoa,papalamoa, puopuo'o.Ao kai lilo a Kane,a cloud overthe distantsea ofKane [away out,where only cloud and sea are seen].(PPN 'ao.) 3.n.World,earth,realm.Ke ao o Milu,the realm of the underworld. 4.vt.To be careful,beware,watch out.E ao na'e 'oe ia Kalahumoku (For.5:413),beware then of Kalahumoku.E ao 'oe o 'eha,be careful or you'll be hurt. 5.Rare var.of wao,upland area, 6.idiom.The exact image of (preceded by a 'e).'O ka makuahine no a 'e ao,the image of the mother. 7.n.A kind offine mat. 8.n.A kind of fish (no data).(KL.line 149.) po'o.muku vs.Cut off,severed,shortened.See ex.,kapala. This wind name describes the characteristics of the way vegetation looks as though its heads are chopped off from this very powerful wind.The plants that grow on this crater grow in a permanent bowed formation because of this wind.This is the wind that birds thrive in to take off into flight. Extent of Impact •The permitting ofthis dwelling would be the closest structure to this significant geological feature.A permanent dwelling is not appropriate forthe adjoining parcel.(fthe crater is not suitable for a goddess,it surely is not suitable for a home for two humans.A dwelling this high up the crater is not culturally appropriate. •If not for the perpetual practice of this customary tradition of oration in the setting of a story,this very important section oftheepicsaga ofPele&Hi'iakaikapoliopelewould have been forever lost. •In conversation with Mr.Green,he admits that his dwelling will need protection from the wind,so he does not want to chop down invasive plants because he needs them as a wind block.He wants to excavate into the hill side to "tuck"his home into the hillside to be protected.This is an inappropriate way to mitigate the natural environment in a special management area. •Example of how a structure,permanent physical structure alters a landscape and the ability to have the same affect with open natural space is the army bunkerjust above the green's property. •It was said by Uncle Gary in his interview in 2011 for the Kilauea ag park that this land formation (Na Kaikaina)was once visible from Moloa'a. •When all the Pele halau come to hula/oli,they see Nihoku in its entirety.That process is informed directly from the human journey to the crater. •Storytelling is the reason that Nihoku is famed—becauseit is the crater that Pele made.The practice is born out ofthe mo'olelo of Hiiakaikapoliopele. Hula &Oli "That storyteller took the story and wove it into a chant or mele.That mele was another layer of how you pass on information but the mele unlike the story included the elemental forms and it also M/ove fn rtot common practice that he used with the story.Anotherpart ofcomposing that mele or that chant is somewhere along the line a kumu hula would see the words or hear the words mvolved in it,loved thedescription ofthe word,and the imagery that you couldcome up with into a hula and choreographed it 'snto a hufa.And so there are three ways to pass it down into perpetuity and so by doing this the 5toryteller is doing hisjob."Dr.Pualani Kanahele,TedxMaui 2012—Livingthe Myth and Uniocking the Metaphor Oli (traditional chants) The following traditional chants highlight unique attributes and important knowledge of Nihoku: Kia'i 'ia Kilauea (Na:Mehana Vaughan) Oli no Kilauea (Na:Mehana Vaughn) Na Makani o Kaua'i -Ka mo'olelo o Hiiakaikapoliopele (Ka Na'i Aupuni /Ka Na'i Aupuni,Volume II, Numberl7,2Uunel906) 'Olelo No'eau (Proverbs)"Ina 'a'ole 'oe e ku ma Nihoku,'a'ole 'oe e 'ike i Koolau a me Halele'a"--Kumu Hula Kalani Akana Mele Nani wale o KTlauea (Na:Gary Smit)h Ka aponoalohaikealouhau -Na Gary Smith Malama 'Aina/Hana Kaulike Hana kaulike,orjustified physical labor,is one's obljgation tothe environment,family,and gods.It is an integral part of a Hawaiian worldview-reiterating and restrengthening the timeless familial relationship between humans and the land.This relationship is a vital element for ongoing survival.(G.H.S.Kanahele, 1986;P.Kanahele,2005;) This particular practice is intimately tied to the Kiamanu Project and its effort to facilitate traditional stewardshipofseabird nesting habitats.Thejustified laborforNihoku accomplishes:1)a reverse of human impact through increasing nesting habitat 2)a balance between humans and wilderness areas 3) the ongoing reciprocal relationship with the 'aina that solidifies both the emotional and spiritual attachment between people and place (Andrade,2008;Handy &Pukui,1998;McGregor,2007). Malama aina is based on taking care of something so that it takes care of everything around it.We need more birds and more space for birds.The most resilient aina are the ones that are intact,where ecological and culturalintegrityoverlap.This wilderness area isoneofthe last in all ofHawai'i.Increasing healthy habitatfor plants and animals is one ofourtraditional and customary Native Hawaiian practices.It helps provide services for our ecosystems. Extent of Impact •The eroding and excavating compromise the ecological and cultural integrity. •Birds need open spaces to take off and then they need covered areas to nest. •View planes.The house is gonna be the highest on the hill.It impacts all the birds that are in the predator proof fence because the birds that are coming from Mauka have to get past this. •There has not been a cultural or ecological survey since 1987 and seabird populations and the conditions with which allow for success reproductive rates have drastically changed •Need unobstructed views,wide open areas for birds to land and nest.Increasing native plants/flora and fauna is a native practice.The birds are a huge component in the ability for us to have cultural practices. •The impact of a lack of available space to facilitate an expanding and thriving bird population also compromisesthe cultural integrityofthe landscape as well. Hulu Traditionally,Hawaiians believed that their gods were covered in hulu (feathers)so the products made had hulu in them.Hulu were intimately tied to the concept of mana,or power.Hulu products were representations ofspecific akua (hawaiian gods),symbols of high-ranking statesmen,as well as an integral part of diplomatic and ceremonial affairs.Oftentimes these products provide both function and beauty. Religious articles are often decorated with feathers such as the lei ka'upu for Makahiki ceremonies,the lei hulu makani for traditional voyaging canoes,or the akua hulu manu. It is important that a living,intact,physical manifestation ofcultural landscapes facilitate an indigenous understandingoftherelationships between ocean and land,between humankind andthe natural world.The revered and intricate featherwork of traditional Hawaiian practices are a testament to the artistry and mastery in making a colorful and powerful image from one's natural environment.Through the Kiamanu Project,NKN also played an integral role in piloting the initial efforts to create cultural products utilizing native seabird feathers such as lei hulu,lei hulu makahiki,and kahilj pa'a lima for spiritual and religious practices that occurred across the archipelago which includes practices on Kaua'i as well. The Kiamanu Project (Kure Atoll Conservancy) Kure Atoll Conservancy (KAC)is a 501c(3)organization that works in partnership with Papahanaumokuakea Marine National Monument and Jt's State of Hawai'i co-trustee,the Division of Forestry and Wildlife at Kure Atoll State Wildlife Bird Sanctuary.The Kiamanu Project was the education outreach portion of KAC that focused on acknowledging the negative impact that the centuries-long federal andstate effortto protect these terrestrial and marine ecosystems ofthe NWHI has long overshadowed the negative impact on Hawaiians relationships to seabirds and the related cultural and stewardship practices deeply inherent within traditional values. The Kiamanu Project's main goal was to re-establish cultural knowledge and traditional values related to seabirds and increase community capaclty to participate in seabird conservation.The effort focused on two specific and critical areas:1)where the habitat restoration and reproductive success of seabirds were vital to the perpetuation of traditional religious and spiritual practices and 2)where producing cultural products with authentic resources were paramount to the overall well-being of native Hawaiian communities. The implementation was mainly a systematic approach to gather,process,and distribute salvage- appropriate seabirds-as authorized under an MBTA education and cultural permit-from Papahanaumokuakea Marine National Monument to traditional practices across the Main Hawaiian Islands. NKN served as the stewardship education portion whose focus was on cultivating kia'i-caretakers,kilo- trusted environmental interpreters,and kiamanu-those with an intimate understanding ofseabirds' lifecycles and annual patterns.The stewardship education portion also provided incidental exposure and presence of carrying feathered products (like lei ka'upu for Makahiki,or kahili paa lima)within intact seabird colonies,prompting the deeper meanjngs and continued engagement with tangible cultural landscapes such as Nihoku. Extent While the Seacliff Plantation and USFWS limited access policies have already caused tremendous impact unto the surrounding communlties,the building ofthe house limits the potentiality of restoration of seabird stewardship practices.It limits the potential by creating an aggressive impact onto an otherwise intact wilderness area.Sea level rise and habitat restoration will continue to limit the reproductive success rates of nesting Hawaii seabirds and Nihoku qualifies as a refugia forthose displaced birds. Summary:How does the house impede our cultural prartice? •The house limitstheopen area. •Disrupts the integrity of multiple cultural practices and vantages points that provide dynamic understandings and profound access points for perpetuating meaningful environmental kinships. •Dwindling wilderness areas limit the potential and scope of cultural restoration and practices. •Birds are a huge component for cultural practices and ecological integrity. •Need wilderness spaces for cultural restoration and healing •This wilderness area is one ofthe last in all of Hawai'i and of its kind. •The lights from the house will not let us see the stars that are on the horizon above Nihoku. •There is a lot ofdisplacement,erosion,and fragmentalization oftraditional culture with rapidly decreasing areas for these practices to continue. LINKS: https://www.papakilodatabase.com/pdnypepa/cgLbin/pdnyfiepaj'a=d&d=KKH18360330^ 01.1.2&dliv=none&st=l&txq=Nihoku https://www.papakilodatabase.com/pdnupepa/cgi-bin/pdnypepa?a=d&d=KLL18921^02-01.2.U&e5: en-20-l--txt-txlN%7ctxNU%7ctxTR-Nihoku- https://www.papakilodatabase.com/pdnupepa/CRi-bin/pdnupepa?a=d&d=KHR19120202:01.2^34&e=- -en-20-l-txt-txlN%7ctxNU%7ctxTR-——(Mr.Lunahooponopono,letter) https://www.papakilodatabase.com/pdnupepa/?a=d&d=KKH18360330-01,2.4&srpos=l&e=——ert-20-l- -txt-txlN%7ctxNU%7ctxTR-Halanikikaupua——-(Lono,chieffor Nihoku) https://www,papakilodatabase.com/pdnui)epa/?a=d&d=KNK1877Q127^ 01.1.1&dliv=none&st=l&srpos=6&e=-——en-20-l--txt-txlN%7ctxNU%7ctxTR-M^kuaeae—— (Mele of manu mentioning mokuaeae) httDS://www.oaoakilodatabase.com/DdnuDeDa/?a=d&d=KNK19140410-01.2.49&srDOS=2&e=——-en-20- l^-txMxlN%7rtxNU%7ctxTR-Mokuaea&: (MeleofKilauea lighthouse) https://www.@apakiiodatabase.com/Rdnu@epaZ?a=d&d=KHP18611219-01.2.4&sroos=l&e=—-—en-20--l- ztxt-txlN%7ctxNU%2ctxTR-KauakahialiL: (Kauakahialii,in Mo'olelo no Kailiokalauokekoa) Oli no Kilauea Composed July 26,2019 by Mehana Vaughan &Pilina'emalina Vaughn at Kahili He aloha keia no KTIauea la'Ea o ka 'aina o Nihoku Ku kilakila 'o Namahana la Hana na lima i pono ke ko Koa'e lele i 'ka 'Aekai la Kai Ko'olau o Kahili Pili na 'ohana i KTIauea la E aloha e aloha e... E aloha e aloha e... Aloha e... Here is love for KTIauea Life ofthe land of Nihoku Namahana mountain stands tall and majestic Many hands together complete their work with pono Koa'e (Tropic birds)soar where the ocean meets land Wind-blown sea at Kahili The 'ohana ofKTIauea are connected,close to this 'aina Lettherebe aloha.... OnlyAloha Onlyaloha This oli carries aloha for Kahili and its surrounding wahi pana.It honors the area's wild, windswept beauty,its connection to Pele,and the kia'i,Nihoku,Makapili,na pohaku kaikaina,who watch over this place.It honors human guardians as well,and their years of effort to care for this place.The words remind us ofthe enduring beauty and strength of Kahili,a place quarried,graded,built up,and flood washed,sculpted by stiff oncoming winds,where waves continue to fling their touch.And the birds have returned;iwa representing kupuna,moli young finding their way,koa'e happy to nest at Mokolea. Vigilance,enlightenment,and community -connection to this place and each other - continually grows.And there is only aloha. Additonal thoughts: Ao -to be careful,beware,watch out,light,enlighten'oni -to shift,to take to court,as land matters,movement,fidget,stir,shift nalu -ponder,mull over,speculate,wave po'i -cover,break Kaiwa -boundary with Waiakalua Kia'i 'ia Kilauea e Nihoku Composed in 2014 by Mehana Blaich- Vaughan Kia'i 'ia KTIauea e Nihoku Ku i ke kai malino a'o Makapili Pili na kaikaina i ka wahine a ka lua Lua ha'a i ka malu maia Kekoiki He 'iniki ka ihona a i Kahili Hili hele na maka o ka punua Nu'a ke 'one i ke 'alo Uhau Hahau na nalu po'i mau i Ka'iwa 'lwa kTkaha,puni ke ao Ao mai na koa'e pili i ke 'oni Oni pa'a Mokolea ha'a i ke kai Kaiaulu ke aloha e. A he aloha (wale no)e... 1)Nihoku stands guard over KTIauea Rising from the glistening sea ofMakapili 2)Sisters draw close to face the woman of fire Calm remains,sheltered from view of Kekoiki 3)Piercing and tingling is the descent to Kahili Juvenile albatross wander,their eyes searching 4)Sand heaps up in the face ofstrong winds Waves fling themselves,offerings placed at Ka'iwa 5)'lwa soar,circling layered up to the heavens Light shines on the koa'e stimng,watchful together 6)Mokolea reaches,appearing steadfast in the sea 7)Surrounding sea causing aloha for this place to grow Onlyaloha This oli carries aloha for Kahili and its surrounding wahi pana.It honors the area's wild,windswept beauty,its connection to Pele,and the kia'i,Nihoku,Makapili,na pohaku kaikaina,who watch over this place.It honors human guardians as well,and theiryears ofeffortto care forthis place.The words remind us of the enduring beauty and strength of Kahili,a place quarried,graded,built up, and flood washed,sculpted by stiff oncoming winds,where waves continue to fling their touch.And the birds have returned;iwa representing kupuna,moli young finding theirway,koa'e happy to nest at Mokolea.Vigilance,enlightenment,and community -connection to this place and each other - continually grows.And there is only aloha. Additonal thoughts: Ao -to be careful,beware,watch out,light,enlighten'oni -to shift,to take to court,as land matters,movement,fidget,stir,shift nalu -ponder,mull over,speculate,wave po'i -cover,break Kaiwa -boundary with Waiakalua Nanl Wale 'O Kllauea na ui.Kui.» A A?D Ha'aheo 'o Kil.ausa A E7 Hanohano i ke kuafiiwi 'o Namahana A A7 O aka lae'o-WowMii me-ka hate jpukukui A E7 A A7 He nanl maoD no D A E7 A E7 ffut Nanr wale 'o Kilau^i...Ua nani a mau faa aku nei A A7 D Kaufana 'o NihoKu A E7 Ka wahl o na kailtainahlne "eholu A A7 D Ke noho iho nei no ho'i i fta la'i maluhia A E7 f,A7 E hiamoe lakou wale no D A B A E7 ffui Nani wale Lo Kilauea.-Ua mni a mau loa ahir nei A A7 D Kilaklla 'o Moholea A E7 Menamanukai te'ate'a A A7 O Hana "ana kana pimana ms ke atoha A E7 A A7 1 ka raaKani o Kauape'a D A E7 A ET Aur Nani wale la Kilauea^.Ua iHni a mau loa aku nei A AT D Ha'lna la ho'u mels [noa A E7 IWaBtal 'o Kflauea A A7 D Mai ka pulu o ka 'aina i ka ua A E7 A A7 1 ha mehana <f ka po'e fiui pu'ia D A E7 A A7 ffui Nani wale Lo Kilauea...Ua nani a mau loa aku nei!rep^aftine Paurepaafwity -Uananiamautoaakunei....B7E7 AEj From: Sent: To: Cc: Subject: Bill Schilling <billschilling808@gmail.com> Tuesday,November 2,2021 1:54 PM Planning Department Bill Schilling Phil and Linda Green:Permit SMA 2022-1 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Dear Planning Commission and Planning Department, We support Phil and Linda Green's building permit for a home in the Seacliff subdivision.We listened to the zoom hearing regarding this request about a month ago.The staged opposition,a limited few,basically were saying the Green's are nice people,but "no building now or ever." So what are the Green's supposed to do.Who compensates them for their purchase if they cannot build?Who compensates them for their expenses to date and hundreds of hours developing exacting building plans? The apparent reality in my opinion is bias and "I have my serenity but don't want others in my neighborhood—classic NIMBYoffense. The Planning Department/Commission needs to honor their past decisions which are current practice:Seacliff is a County approved subdivision.The Green's are building in a County approved Building Setback Area.There are six buildable homesites on Crater Hill—onehome has been built,one has building permits,and the Green's hold two. Additional points to accept,not question or debate are as follows. 1)When Seacliff as a development began,opposition was led by the current opposer's parents.Concessions were granted —75acreAgPark,100 acres ofCrater Hillforwildlife preservation,and ticfortac moneygiven to a conservation group.Iftrue,ethics in question. 2)Slinging non-facts is unfortunate.The Green's home is not 12,000 sf as purported in the media;it is a exterior 4500 sf footprint but actually less living space.This fact alone should disqualify the opposer position. 3)The Kilauea Neighborhood Association supported the project and then later added a request for the Green's to meet with the opposers.The Green's did in seeking to negotiate but to no avail. 4)The opposers have strong feelings that have become demands.Their persistence is obvious.So,too,are their unrelenting requests for landowner design/site location changes. 5)If the Green's continue to be held hostage,what compensation will the opposers offer.Obviously none.6)And if the Green's cannot proceed,and the opposers self interest demands are granted,what will the County do about the house already built and the one approved to be built.Are these properties to be altered after the fact? Please allow Phil and Linda Green to proceed with building their home.The opposers will never be satisfied.Private property rights are a fundamental right.The time to debate and study historical and cultural issues was when the Seacliffsubdivision was approved,not now. Mahalo, Bill andJessica Schilling Kauai Residents in Good Standing Sent from my iPad From: Sent: To: Subj'ect: Paul Rapozo <pfox@myfastmail.com> Tuesday,November 2,2021 2:55 PM Planning Department Re:PERMITSMA 2022-1 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. 11-02-2021 To Whom It May Concern: My name is Paul Rapozo and 1 write today on behalf of Phil and Linda Green.1 was born and raised in Kilauea back in 1952.Both my parents were also born and raised on Kilauea Sugar Plantation.My Great Grandparents migrated from Portugal in the mid 1800's and eventually ended up settling in Kilauea as plantation workers.All four Grandparents were also born on Kauai.My paternal Great Grandparents are actually buried in the Kilauea Catholic Cemetery. As a child growing up in Kilauea,1 traveled the plantation by foot and by bicycle playing, looking for sweet Guava trees,mango and going fishing.1 knew the back roads of every sugarcanefield in Kilauea and where 1 would end up ifl tookthe haul cane roads offthe main highway in either direction Mauka or Makai.In all of my childhood years,1 traveled the plantation from the Old Kalihiwai Bridge all the way out to the Koolau Bridge and from Crater Hill all the way Mauka to pick Mokihana and Maile for May Day.1 cannot count how many times I hiked up Crater Hill with friends as a kid growing up in Kilauea.While 1 left Kauai in 1971 for Oahu,Maui than the mainland where 1 currently reside,I've returned home to Kilauea almost every year sometimes twice a year.Our family home is still in Kilauea.1 have never heard of or witnessed any Hawaiian Cultural Ceremonies taking place on or around Crater Hill nor has Crater Hill ever been called Sacred.1 might also add that my Dad worked in the Plantation Office as Sr.Management and was one ofthe last employees retained by C. Brewer and Co.to actually close down the Plantation by liquidating the plantation assets,i.e. scrap metal from the mill,working equipment,and land.Not once did he ever mention Crater Hill being Sacred Hawaiian Ground or Cultural Ceremonies taking place anywhere on Crater Hill even after 1 left Kauai.In talking with one of my cousin who's a few years older than me and grew up in Kilauea also,he mentioned that the only Hawaiian Sacred stories he remembers was when they built the Kahili rock quarry and blasted the rocks to build the rock roadway across the Kilauea river at Kahili Beach to get to Koolau,that a lot of bones were found near the beach site which was from an ancient Graveyard.This sounds more accurate 1 to me in that the Hawaiian Natives and other locals probably wanted to be near the beach to fish and have access to unlimited fresh running water from the Kilauea River where they could cultivate the land. 1 have known Phil and Linda for about 14 years.We always get together whenever 1 came home on vacation.They purchased land just outside of Kilauea Town and started a Turmeric / Ginger farm back in 2004.They hired local people to help work the farm and their workers were paid VERY well.They purchased property at Seacliff on Crater Hill in Kilauea in 2019 and now find themselves defending their rights to build their retirement home against the Na Kia'i Nihoku group led by Mehana Vaughan.I find this issue at Seacliff rather perplexing.Prior to Seacliff being developed,all land that was Natural Wildlife Preserve should have been surveyed and designated as such with additional surrounding parcels also purchased and preserved for future expansion of the Wildlife Preserve and should have never been sold to the original purchasers of Seacliff in the first place.Likewise,if any land was considered Sacred,it should have been documented at that time.Perhaps it wasn't documented because studies were done back then and it was determined that there was no such Sacred lands on Crater Hill or the surrounding area.In addition,where was the Na Kia'i Nihoku Group when Seacliff was first developed?Land doesn't turn up Sacred overnight.Perhaps these answers lay somewhere in the planning commission archives.It seems The Greens are being penalized for gross negligence caused by others in years past.Whomever approved the original sale of Seacliff for Residential development is to blame for this fiasco.How can you try to rectify the situation at this point in time and penalize an individual who wasn't part of the original sale now that the cat has been let out of the bag?Seacliff is a completed and pre- approved development,period...End of story.To apply all these restrictions now in 2021 seems so Un-american and falls short of eminent domain without compensation.The last time 1 checked,we all live in America....Land ofthe Free. Thank you for listening. PaulRapozo From: Sent: To: Subject: Saint Jude <rapozo.judy@gmail.com> Wednesday,November 3,2021 11:08 AM Planning Department SMA 2022-1 GREEN CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Dear Planning Dept Members, This letter is being submitted in support of Phil and Linda Greene's current house plans on the slopes of Crater Hill in Kilauea. As you are all fully aware,the Greens purchased two properties in Seacliff Plantation,more specifically on the slopes of Crater Hill to build their retirement home.They have made concessions and generously moved their homesite much lower than they had originally planned,sacrificing much of the view that attracted them to the properties in the first place. Having been born and raised in Kilauea and as full time residents for the past 14 years,it hasn't been easy for us to accept all ofthe changes to Kilauea's landscape.Crater Hill is a beloved landmark and if it were up to us,ideally,would never have been part of the Seacliff development,but is was,it is,and it has been for the past 40 or 50 DECADES. Thankfully,large portions of Crater Hill are reserved for the purpose of wildlife refuge keeping it free from development.There has been plenty of time -YEARS -for those of us who love Crater Hill to lobby the owner of the portions of it being sold as homesites,to keep building and landscaping within an acceptable range but we did NOTHING!WE,regretfully,as residents with deep roots here,bearsome ofthat responsibility. The Greens are long time close friends of our family.They're salt of the earth,hard working,genuinely good,kind, generous,HONEST,Mid Western folks who have lived and farmed on the outskirts of Kilauea town and who have chosen to retire here.The Greens purchased their properties on Crater Hill legally and submitted their house and landscaping plans in compliance with the SMS Use Permit and Zoning and Use Permits.Imagine their shock and dismay by the sudden interest in their properties and the stipulations and concessions demanded by a select few at this juncture!To our way of thinking,these stipulations should have been negotiated with the SELLER PRIOR to the properties being put up for sale,in order for the buyers,the Greens,to make an informed,educated,decision on whether to buy and build on these properties in the first place. The vast majority of Kilauea residents I've spoken with have no opinion one way or the other about the location of the Green's home site on Crater Hill and feel it will have no impact on them one way or the other.And none of us have ever been aware ofanycultural practicesofany kind evertaking place on Crater Hill except perhapsa blessing iftherewas one understandably when a portion of the hill was donated as a bird sactuary.Ironically most of us are offended by the house built next to the Japanese Cemeteryl Please,in all fairness,approve the Green's plans with all of the current concessions and allow them to live out their senior years peacefully as valued members of the Kilauea community.Mahalo. Aloha, Judy Rapozo Dale Rapozo From: Sent: To: Subj'ect: Attachments: Victor Weeks <welchandweeks@gmail.com> Thursday,November4,2021 3:55 PM Planning Department PERMIT SMA 2022-1 TESTIMONY PERMIT SMA 2022 letter WW.pdf CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. PERMITSMA 2022-1 Planning Department: Please consider the proposed Phil and Linda Green's dwelling,garage,guest house and pool for approval,based on the current allowed building site in the Sea Cliff subdivision...an established residential development that has existed for over thirty years. Note the proposed home is well within the regulatory setbacks and occupies a small part ofthe buildable area.The home will not affect the bird population anymore than any other home in Sea Cliffor Kilauea town.This property is owned by a long time Kilauea resident and has the right to build like all other residence of Kauai.No variances to the regulations are being asked for,only that the project continue to move forward under the current regulations,setbacks and building heights. Welch and Weeks Architects are the designers of this proposed 4500 sf home.As with all of our projects,we strive to integrate the architecture to the local region.Our homes are based on past Hawaii regional architecture and this project exemplifiesthat philosophy. The proposed home is clad in local stone to match the existing historic stone buildings in Kilauea town.The home's roof design is based on the Waioli Mission Building (Hanalei),which was built by C.W.Dickey's grandfather (William P. Alexander)in 1841.That structure's design was influenced by Kaniakapupu,Kamehameha lll's country residence in the upper Nuuanu valley,Honolulu. Charles William Dickey (1871-1942)is Hawaii's most famous architect and developed the distinctive Hawaiian style architecture we have grown to love.Dickey designed a number of Kauai's historic beautiful homes.Welch and Weeks are very influenced by his work and others of the Golden Period of Hawaii's architecture.Our firm has been in existence for over two decades and we take great pride in keeping Hawaii,Hawaii,with our work. The Green residence,as designed,will have an historic look to it,not to stand out but to be an example of timeless Hawaii architecture...unlike so many "modern"homes being currently developed on all Hawaii Islands.Please let the Greens build the home of their dreams as the site was originally approved for. Welch and Weeks LLC Honolulu Hawaii DarrellG.WelchJr. PERMITSMA 2022-1 Planning Department: Please consider the proposed Phil and Linda Green's dwelling,garage,guest house and pool for approval,based on the current allowed building site in the Sea Cliff subdivision...an established residential development that has existed for over thirty years. Note the proposed home is well within the regulatory setbacks and occupies a small part of the buildable area.The home will not affect the bird population anymore than any other home in Sea Cliff or Kilauea town.This property is owned by a long time Kilauea resident and has the right to build like all other residence of Kauai.No variances to the regulations are being asked for,only that the project continue to move forward under the current regulations,setbacks and buildingheights. Welch and Weeks Architects are the designers of this proposed 4500 sf home.As with allof our projects,we strive to integrate the architecture to the local region.Our homes are based on past Hawaii regional architecture and this project exemplifies that philosophy. The proposed home is clad in local stone to match the existing historic stone buildings in Kilauea town.The home's roof design is based on the Waioli Mission Building (Hanalei),which was built by C.W.Dickey's grandfather (William P.Alexander)in 1841.That structure's design was influenced by Kaniakapupu,Kamehameha lll's country residence in the upper Nuuanu valley,Honolulu. Charles William Dickey (1871-1942)is Hawaii's most famous architect and developed the distinctive Hawaiian style architecture we have grown to love.Dickey designed a number of Kauai's historic beautiful homes.Welch and Weeks are very influenced by his work and others of the Golden Period of Hawaii's architecture.Our firm has been in existence for over two decades and we take great pride in keeping Hawaii,Hawaii,with our work. The Green residence,as designed,will have historic look to it,not stand out and be an example of proper Hawaii architecture...unlike so many "modern"homes being currently developed on all Hawaii Islands.Please let the Greens build the home of their dreams as the site was originally approved for. Welch and Weeks LLC Honolulu Hawaii Darrell G.Welch Jr. Victor Weeks From: Sent: To: Cc: Subject: Attachments: David Rossiter <drossiter134@gmail.com> Friday,November 5,2021 7:57 PM Planning Department Philip Green Permit SMA 2022-1 Green's Permit SMA 2022-1 (1).docx CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. RE:PERMITSMA 2022-1 Dear Planning Department: This letter is submitted in support of Phil and Linda Green and their property rights to build a retirement home in Seacliff.The Greens have submitted their application through all the proper channels and have complied with the building requirements of the County of Kauai,KNA and the Seacliff sub division. My understanding is that the Planning Department is doing a Ka Pa'akai analysis of cultural practices on the property that the Green's intend to build on.Over the last 10 years that 1 owned my home on upper Makanaano PL,(across the street from the Greens lot in Seacliff)1 have never witnessed anyone on the Green's property (aside from the owners)other than caretakers doing regular mowing and maintenance.1 have not seen anything on any of the Crater Hill lots in the Seacliff subdivision that would be considered cultural practices. The Greens are proposing to build in an existing County approved subdivision (Seacliff)lot within the County approved setback.The home also has a similar size and scale of other homes in Seacliff (approximately 4500 sq ft)with a matching architecture design.The Greens have negotiated to the best of their ability and have offered to move the home further down the hill,reduce the steepness of the roof,reduce the size of the pool and reduce the size of the driveway.The home will not be visible from the town of Kilauea,lighthouse or highway. 1 hope that you will approve the application submitted by the Greens so they can build the home they have worked their whole life'sforand can retire in peace and enjoy the fruits oftheirlabor. If you have any questions or concerns please feel free to contact me, Thankyou, David Rossiter November 5th 2021 RE:PERMITSMA 2022-1 To Whom It May Concern: This letter is submitted in support of Phil and Linda Green and their property rights to build a retirement home in Seacliff.The Greens have submitted their application through all the proper channels and have complied with the building requirements of the County of Kauai,KNA and the Seacliff sub division. My understanding is that the Planning Department is doing a Ka Pa'akai analysis of cultural practices on the property that the Green's intend to build on.Over the last 10 years that 1 owned my home on upper Makanaano PL,(across the street from the Greens lot in Sealiff)1 have never witnessed anyone on the Green's property (aside from the owners)other than caretakers doing regular mowing and maintenance. 1 have not seen anything on any of the Crater Hill lots in the Seacliff subdivision that would be considered cultural practices. The Greens are proposing to build in an existing County approved subdivision (Seacliff)lot within the County approved setback.The home also has a similar size and scale of other homes in Seacliff (approximately 4500 sq ft)with a matching architecture design.The Greens have negotiated to the best of their ability and have offered to move the home further down the hill,reduce the steepness of the roof, reduce the size ofthe pool and reduce the size ofthe driveway.The home will not be visible from the town of Kilauea,lighthouse or highway. 1 hope that you will approve the application submitted by the Greens so they can build the home they haveworkedtheirwhole life'sforand can retire in peace and enjoy the fruits oftheir labor. Ifyou have any questions or concerns please feel free to contact me, Thank you, David Rossiter From: Sent: To: Subject: Lucinda Robertson <lucygrey108@googlemail.com> Monday,NovemberS,2021 3:31 PM Planning Department Letterto approve the Greens permit SMA2022-1 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. November8,2021 Planning Department Kauai,hll Re:Permit SMA 2022-1 Aloha to the Members of the Planning Department, My husband and 1 have known Phil and Linda Green for many years.We watched as they worked diligently and grew a successful ginger business and Kilauea.We also watched them build their home at the ginger farm with great care,culminating in a beautiful,well built structure. They sold their ginger farm and home and are now ready to build a new final "retirement"home in their beloved Kauai.It is my understanding that they bought two adjoining lots in the Sea Cliffs subdivision permitted to have one home per lot and also a guest house.With full confidence in their purchase,they designed their home,guest house and pool area following the restrictions set out by the original negotiations and rules for this land. Now they are faced with opposition that appears to be not only illegal but extremely damaging emotionally.The Greens are good stewards of the land.They give back to Kauai.They have attempted to work with the opposition and changed certain aspects of their original plans.It appears that the opposition will not stop until the Greens will not be allowed to build at all. We feel we need to point out,as 1 am sure you are all aware,that when the subdivision was created all the points that the opposition is bringing up were brought up before and through negotiations with the developers,were resolved and compensations were made.We feel it is terribly unfair to single out the Greens and press them to alter their legal property rights when they have only made plans that were legally theirs to make. On the Greens behalf,1 ask you to please approve their permits and let them build their home.Although the opposition may be well meaning in pursuing what they feel is their cultural rights,there already has been a ruling and there is no reason to undo or overturn that past ruling. Thank you for your consideration. Sincerely, Lucinda and Bill Robertson Residents of Kauai since 2001 From: Sent: To: Subject: Evelyn Brodie <evelynbrodie90@outlook.com> Tuesday,November 9,2021 4:28 PM Planning Department PERMITSMA 2022-1 CAUTION:This email originated from outslde the County of Kauai,Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. 1 am writing to you in support of Phil and Linda Green's permit,SMA 2022-1 to build in the Sea Cliff subdivision in Kilauea.Kauai. 1 have known Phil and Linda since they arrived in the island some 17 years ago.They are wonderful stewards of the land!They built Kilauea Farms into a very well managed and prosperous farm which was well known both here on Kauai and on the mainland.They have enjoyed a wonderful reputation of very honest,hard working people.Always treating their employees and everyone they meet with great respect. They will certainly not only protect the land but also the birds of the sanctuary. 1 sincerely hope you give them approval to build their home in the Sea Cliff subdivision.PERMIT SMA 2022-1 needs to be approved. Sincerely. Evelyn Brodie Sent from Mail for Windows From: Sent: To: Subject: John Maxwell <johnmax4928@gmail.com> Wednesday,November 10,2021 8:57 AM Planning Department Permit SMA 2022-1 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Planning Commission Hearing Aloha, 1 have known Linda and Phil Green for over 15 years.They are two hardworking people who have always been community minded people. They purchased land in an approved subdivision lot with the intent to retire there.Now,after the Kilauea Neighborhood Association approved their plans to build,they have been met with opposition from a recently formed group Na Kia'i Nihoku . From what 1 understand no one has culturally practiced on that property since 1982 as this has been private property. Why then can't they build their home as they planned in an approved subdivision lot,that will not impact access to or useofNihoku/CraterHill? "The protection of cultural practices does not extend to recent practices outside the development area and we're never intended to be used to deny development rights." 1 humbly ask that the County Planning Department approve the Green's permit. D.Maxwell Kilauea DEPARTMENT OF PLANNING THE COUNTY OF KAUA'I DEREK S.K.KAWAKAMI,MAYOR MICHAEL A.DAHILIG,MANAGING DIRECTOR KA'AINA S.HUtL DIRECTOR JODI A.HIGUCm SAYEGUSA DEPUTY DIRECTOR SUPPLEMENT #6 TO PLANNING DIRECTOR'S REPORT (AMENDED) SUMMARY Action Required by PIanning Commission: Consideration of Class IV Zoning Pemiit,Use Permit,and Special Management Area Use Permit to allow the construction of a Farm Dwelling Unit,guest house,garage,and misc.site improvements. Permit Application Nos.Class IV Zoning Permit Z-IV-2022-1 UsePermit U-2022-1 Special Management Area Use Pennit SMA(U)-2022-1 Name of Applicant(s)PHILIP J.GREEN AND LINDA M.GREEN II.BACKGROUND Supplement #6 to the Plaiming Director's Report encapsulates the Planning Department's analysis of the traditional and customary Native Hawaiian rights that are found to exist and may be affected by the proposed development. III.ADDITIONAL FACTS AND FINDINGS Public written testimonies were previously transmitted to the Plannmg Commission and contamed in Supplemental Director's Reports #1,#2,and #4.Oral testimonies were provided during the September 14,2021 and October 26,2021 Plaiming Commission meetmgs.Based on those written and oral testimonies,the Planning Department reached out to individuals who had expressed knowledge of Native Hawaiian traditional and customary rights that exist at the property and surrounding areas,and any resulting unpacts.From October 18,2021 through November 16,2021,these individuals were contacted to schedule interviews to discuss traditional and customary rights that may be affected by the subject permits.During this time, interviews were conducted,and follow up questions were answered. A log of all individuals who were contacted and the status of any response is attached to'this Supplemental Report as Exhibit A.Excerpts from the verbal and written testimonies are included as Exhibit B. IV.LEGALSTANDARDS A.Duty of State and County to Protect Traditional and Customary Rishts 4444 Rice Street Suite A473 www .kauai.gov Lihu'e,Hawai'i 96766 •(808)241-4050 (b)•(808)241-6699 (f) An Equal Opportunity Employer Article XII,section 7 of the Hawai'i Constitution places an affimiative duty on the state and county to "protect all rights,customarily and traditionally exercised for subsistence,cultural and religious purposes and possessed by ...descendants ofnative Hawaiians."Article XII,section 7 was considered "an important and indispensible tool in preserving the small remaming vestiges of a quickly disappearing culture and in perpetuating a heritage that is unique and an integral part of our State."The provision was not intended to "remove or eliminate any statutorily recognized rights or any rights of native Hawaiians"but "intended to provide a provision in the Constitution to encompass all rights of native Hawaiians such as access and gathering."Thus, the constitutional amendment was not to be "narrowly constmed or ignored by the court." In Ka Pa'akai O Ka 'Ama v.Land Use Commission,an analytical framework was crafted by the Hawai'i Supreme Court (HSC),which requires the "the State and its agencies"to,at a minimum, make specific findmgs and conclusions as to the following: 1)the identity and scope of "valued cultural,historical,or natural resources"in the petition area,including the extent to which traditional aud customary native Hawaiian rights are exercised in the petition area; 2)the extent to which those resources—mcludingtraditional and customary native Hawaiian rights—willbe affected or impaiied by the proposed action;and 3)the feasible action,if any,to be taken to reasonably protect native Hawaiian rights if they are found to exist. B.Standards to Identifv Constitutionallv Protected Traditional and Customarv Rishts Regarding the scope and extent of traditional and customary rights exercised m the area,the HSC has held that the following three factors must be shown to establish that conduct is constitutionally protected as a Native Hawaiian right: First,he or she must qualify as a "Native Hawaiian"within the guidelines set out in [Public Access Shoreline Hawai'i v.Hawai'i Ctv.Planning Comm'n,79 Hawai'i 425,903 P.2d 1246 (1995)(PASH)]...PASH stated that "those persons who are 'descendants of native Hawaiians who inhabited the islands prior to 1778,'and who assert otherwise valid customary and traditional Hawaiian rights are entitled to [constitutional]protection regardless oftheir blood quantum." •Haw.Const.art.XII,§7.2 Comm.of the Whole Rep.No.12,reprinted in l^Proceedmgs of the Constitutional Convention of 1978,1016 (1980).3 See Hawaiian Affatrs Comm.,Standing Comm.Rep.No.57,repreinted m 1 Proceedmgs of the Constitutional Convention of Hawai'i of 1978,at 637,640 (1980).«M. 5 Ka Pa'akai O Ka 'Aina v.Lmd Use Commission,94 Haw.31,47,7 P.3d 1068,1084 (2000),as amended (Jan.18, 2001). Second,once a defendant qualifies as a native Hawaiian,he or she must then establish that his or her claimed right is constitutionally protected as a customary or traditional native Hawaiian practice.Some customary and traditional native Hawaiian rights are codified either m art.XII,section 7 of the Hawai'i Constitution or in HRS §§1-1 and 7-1 (1993).The fact that the claimed right is not specifically enumerated in the Constitution or statutes,does not preclude further inquiry conceming other traditional and customary practices that have existed. Finally,a defendant claiming his or her conduct is constitutionally protected must also prove that the exercise of the right occurred on undeveloped or "less than fully developed property...To clarify PASH,we hold that if property is deemed fully developed,i.e.,lands zoned and used for residential purposes with existing dwellings,improvements,and infrastmcture,it is always "mconsistent"to permit the practice of traditional and customary native Hawaiian rights on such property. In accordance with PASH,however,we reserve the question as to the status of native Hawaiian rights on property that is "less than fully developed." i.Legal Souices that Define the Scope of Traditional and Customary Rights Several legal authorities define the nature and scope of rights that are constitutionally protected as a customary or traditional Native Hawaiian practice.First,the Hawai'i Constitution Article XII,Section 7 provides the following: The State reaffimis and shall protect all rights,customarily and traditionally exercised for subsistence,cultural and religious purposes and possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778,subject to the right of the State to regulate such rights. Second,Hawai'i Revised Statutes (HRS)§7-1,"Building matenals,water,etc.;landlords'titles subject to tenants'use,"further delineated Native Hawaiian subsistence and gathering rights that require protection.HRS §7-1 states the following: Where the landlords have obtained,or may hereafter obtain,allodial titles to their lands,the people on each of their lands shall not be deprived of the right to take firewood,house-timber,aho cord,thatoh,or ki leaf,from the land on which they live,for their own private use,but they shall not have a right to take such articles to sell for profit.The people shall also have a right to drmking water,and runnmg water,and the right of way.The springs of water,running water,and roads shall be free to all,on all lands granted in fee simple;provided that this shall not be 6 State v.Hanapj,89 Hawai'i 177,185-86,970 P.2d 485,493-94 (1998). at 185-86,970 P.2d at 493-94 (citations and footnote omitted);see also State v.Pratt,127 Hawai'i 206,207,277 P.3d 300,301 (2012).7 Haw.Const.art.XII,§7.Notably,fhe Hawai'i Constitution explicitly lists protection ofrights for "subsistence" and "cultural and religious purposes"as constitutionally protected. applicable to wells and watercourses,which individuals have made for their own use.8 In Kalipi v.Hawaiian Trust Co.,the HSC held that HRS §7-1 applies to any person who lawfully occupies a kuleana parcel or is a lawful tenant of an ahupua'a. Third,under HRS §1-1,Hawai'i courts were directed to rely on principles of common law in such a way that it would not conflict with Native Hawaiian usage.HRS §1-1 states the following: The common law of England,as ascertained by English and American decisions, is declared to be the common law of the State of Hawaii in all cases,except as otherwise expressly provided by the Constitution or laws of the United States,or by the laws of the State,or fixed by Hawaiian judicial precedent,or established by Hawaiian usage;provided that no person shall be subject to criminal proceedings except as provided by the written laws of the United States oroftheState. HRS §1-1 "represents the codification of custom as it applies in our State."The "reference to Hawaiian usage in §1-1 insures [the]continuance"ofa "range ofpractices associated with the ancient way of life which required the utilization of the undeveloped property of others and which were not found in §7-1 ...so long as no actual haim is done thereby."In other words, "HRS §1-1 s "Hawaiian usage"clause may establish certain customary Hawaiian rights beyond those found in HRS §7-1."12 The "westem concept of exclusivity is not universally applicable in Hawai'i,"however,the HSC stressed that "unreasonable or non-traditional uses are not permitted."Thus,it clarified thatthepassageofthefu'stiterationofHRS §1-1 "fixed November 25,1892 asthedate Hawaiian usage must have been established in practice.""[T]he right of each ahupua'a tenant to exercise traditioual and customary practices remains intact,notwithstanding arguable abandonment of a particular site,although this right is potentially subject to regulation in the 8Haw.Rev.Stat.§7-l. ''Kalioi v.Hawaiian Tr.Co.,66 Haw.1,9,656 P.2d 745,750 (1982).In addition,the HSC further discussed the parameters of the Native Hawalian traditional and customary subsistence and gathering rights under HRS §7-l: Mere ownership of property withm an ahupua'a is not sufficient to validate the exercise of traditional and customary rights in that ahupua'a; 1.HRS §7-1 permits onlyhoa'ainaoroccupantsofanahupua'ato gafherinthe ahupua'a where fhey live; 2.HRS §7-1 permits occupants of an ahupua'a to gafher fhe items enumerated in that statute; 3.HRS §7-1 pennits occupants of an ahupua'a to enter undeveloped (rather than fully developed)lands for fhe purpose of exercising traditional and customary rights; 4.the interests of fhe property owner and occupants of an ahupua'a must be balanced.See id.at 8,749-50.10 Pub.Access_ShgreIme Hawaii by Rothstem v.Hawai'i Ctv.Plan.Comm'n by Fuiimoto.79 Haw.425,447,903 P.2d 1246,1268 (1995)."Kalipi,66 Haw.at 10,656 P.2d at 751.12 Pele Def.Fund v.Patv,73 Haw.578,618,837 P.2d 1247,1270 (1992).13 Pub.Access Shorelme Hawaii bv RothstenL 79 Haw.at 447,903 P.2d at 1268. 14 M."Id. public interest.""[A]ll the requisite elements of the English doctrine of custom were not incorporated in §l-1;"however,"the retention of a Hawaiian tradition should in each case be determined by balancing the respective interests and harm once it is established that the application ofthe custom has continued in a particular area."Ultimately,the "precise nature and scope ofthe rights retained by §1-1 would,ofcourse,depend upon the particular circumstances ofeach case." Regarding what constitutes "adequate foundation in the record connecting the claimed right to a firmly rooted traditional or customary native Hawaiian practice,"the HSC has stated: A defendant may lay an adequate foundation by puttmg forth specialized knowledge that the claimed right is a traditional or customary native Hawaiian practice.This specialized knowledge may come from expert testimony,pursuant to HRE Rule 702 (1993).HRE Rule 702 states: Testimony by experts.If scientific,technical,or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue,a witness qualified as an expert by knowledge, skill,experience,training,or education may testify thereto in the fomi of an opinion or otherwise.In determmmg the issue of assistance to the trier of fact,the court may consider the tmstworthiness and validity of the scientific technique or mode of analysis employed by the proffered expert. In this jurisdiction,we have also accepted kama'aina witness testimony as proof of ancient Hawaiian tradition,custom,and usage.See Palama v.Sheehan,50 Haw.298,440 P.2d 95 (1968)(holdmg that testimony from kama'aina witnesses were sufficient to find the existence of an ancient Hawaiian right of way);Application ofAshford,50 Haw.314,316,440 P.2d 76,78,reh'g denied,50 Haw.452,440 P.2d 76 (1968)(recognizmg that Hawai'i "allow[s] reputation evidence by kama'aina witnesses m land disputes");In re Boundaries ofPuIehunui,4 Haw.239 (1879)(permittmg kama'aina witnesses to testify about the location of ancient Hawaiian land boundaries). Subsequent case law further clarified the parameters of protected traditional and customary Native Hawaiian rights under the Hawai'i Constitution,HRS §1-1,and HRS §7-1.In summary, the following applies: 1.Occupants of an ahupua'a can gather in other ahupua'a where such rights have been customarily and traditionally exercised in that manner; "Id.at 450,1271.17 Kalioi,66 Haw.at 10,656 P.2d 745,751 (1982).18 Pub.Access Shoreline Hawaii bv Rothstein,79 Haw.at 440,903 P.2d at 1261. 19 State v.Hanapi.89 Haw.177,187,970 P.2d 485,495 (1998).20 PeleDef.Fund,73 Haw.at 618-19,837 P.2d at 1271;Pub.Access Shorelme Hawaii bv Rothstein.79 Haw.At 439,903 P.2d at 1260. 2. 3. 4. 5. 6. Occupants of an ahupua'a may gather what is needed for ttaditional and customary subsistence,cultural,and religious purposes; Occupants of an ahupua'a could gather on less than fully developed lands; The govemment cannot regulate traditional and customary rights out of existence; The interests of the property owner and occupants of an ahupua'a must be balanced;and The balance weighs m favor of the property owner against occupants of an ahupua'a who exercise otherwise valid customary nghts in an umeasonable manner.25 ii.Trails The protection of access to ancient trails mnning over private property may be established by Native Hawaiian customary use or under the public trust doctrine.26 Access through public or private lands between ahupua'a is mherent to preserving the exercise of traditional and customary rights.7 Resources that are used for "Hawaiian subsistence,religious,and cultural beliefs,customs,and practices"mclude networks such as "tiails and roads for lateral access and for mauka-to-makai access [and those]...affording access to the various resource zones withm an ahupua'a."8 Access rights include the right to access sacred sites,mountain forests,or shoreline areas and the right to enter or pass through private property to gather particular items for subsistence,cultural or religious purposes." Hawai'i courts have recognized access rights along ancient trails based on historic or customary use.In Palama v.Sheehan (1968),the HSC affinned the existence of access rights over a trail 2i Pele Def.Fund v.Patv,73 Haw.at 619,837 P.2d at 1271.22 M.See also PuKAccess Shoreline HawaubiLRQthstem,79 Haw.at 451,903 P.2d at 1272."Pub.Access Shoreline Hawaii bv Rothstem,79 Haw.at 451,903 P.2d at 1272.24 Seg Kalipi,66 Haw.1,656 P.2d 745.25 Pele Def.Fund.73 Haw.at 619.837 P.2d at 1271;Pub.Access Shorelme Hawaii bv Rothstein,79 Haw.at 442, 903 P.2d at 1263. 26 See Palama v.Sheehan.50 Haw.298.440 P.2d 95 (1968);Bremer v.Weeks,104 Hawai'i 43,85 P.3d 150 (2004); David M.Forman &Susan K.Serrano,Traditional and Customarv Access and Gathering Riehts,m Native Hawaiian Law-A Treatjse (Melody Kapilialoha MacKenzie et al.eds.,2015);David M.Forman & Susan K.Serrano,Ho'ohana Aku,a Hoola Aku:A Leeal Primer for Traditional and Customarv Rights m Hawai'i 29 (Dec.2012).In addition,access along ancient tralls may be protected as an unplied dedication of a public right- of-way across private lands where the elements of an implied dedication could be shown including an intentional dedication by fhe property owner and acceptance by the public,and continuous public use by numerous individuals over a statutory period sufficient to prove adverse possession,among other elements.Forman & Serraao,Traditional and Customarv Access and GafherinB Riehts ('citme The Kine v.Comwell,3 Haw.154 (1869)).27 Forman &Serrano,Traditional and Customarv Access and Gatherms Rights,suora,note 25 at 779-81.28 Fonnan &Serrano,Ho'ohana Aku,a Hoola Aku:A Legal Pruner for Traditional and Customarv Rishts in Hawai'i,supra note 25 at 29.In addition,access to landlocked kuleana was established Under HRS §7-1 because the previous owners ofthe kuleana historically used a trail fhrough private property.Palama,50 Haw.at 301,440 P.2d at 97-98.Forman &Serrano,Traditional and Customarv Access and Gathermg_Rights,supra,note 25 at 779- 81. 29 Forman &Serrano,Ho'ohana Aku,a Hoola Aku:A Legal Pruner for Traditional and Customarv Rights in Hawai'i,supra note 25 at 29. 30 Palama,50 Haw.298,440 P.2d 95. through privately owned property that provided access between taro patches that were located inland on privately owned land and the practitioners'kuleana parcel that was located at the seashore.At trial,descendants ofthe kuleana tenants testified that "parents,grandparents and great-grandparents used the mauka trail to go to and from their kuleana."The HSC held that "there was evidence that either before or about 1905,a trail through plaintiffs'land was in existence"and "[s]uch testimony was sufficient evidence on which the trial court could find that an ancient Hawaiian right of way through plamtiffs'land existed and was used as such by defendants'predecessors in title." In addition,in Bremer v.Weeks (2004),the HSC recognized access rights over private property eveu where no evidence of actual use of the trail was presented.The HSC mferred that a trail that was clearly marked on a 1908 survey map:1)existed for at least 90 years;2)was well- defined running along the northem boundary of the kuleana;and 3)must have been frequently traversed prior to 1908 because it was clearly marked on the 1908 survey map. Finally,under the public trust doctrine,the state or municipality holds public lands and all interests in those lands are held in tmst for the benefit of the people and must be preserved for public purposes.The public tmst doctrine may establish the public's ownership of and right to access ancient trails."Like all Hawaiian Kmgdom lands prior to the creation ofprivate property,trails were held by the king in tmst for the people."38 Through the Mahele and the creation of a private property system in Hawai'i,the sovereign retained these interests in all trails for the benefit of the public.Likewise,the Land Commission adopted principles that recognized that public trails and rights-of-way were reserved to the govemment and may be deemed an important use of lands for the common good.These reservations for the common good could not be conveyed away,including the power "[t]o encourage and even to enforce the usufi'uct [or right of enjoyment]of lands"aud "[t]o provide public thoroughfares and easements, by means ofroads,bridges,streets,etc." V.PRELIMINARY EVALUATION A.Native Hawaiian 31 Id.at 301-02,97-98.32 M.33 M.at 301,302,97-98.34 Bremer,104 Haw.at 64-65,85 P.3d at 171-72.35 Id.at 64-65,85 P.3d at 171-72.36 See Forman &Serrano,Traditional and Customarv Access and Gathering Rights,supra note 25;Forman & Serrano,Ho'ohana Aku,a Hoola Aku:ALegal PrimCTfor Traditional and Customary_Rights in Hawai'i,supra note 25;In re Water Use Permit ApDlications.94 Haw.97,131-32,9 P.3d 409,443^14 (2000).37 Forman &Serrano,Traditional and Customarv Access and Gatherine Riahts.supra note 25 at 819-20.38 M.39 M..40 Id..41 Forman &Serrano,Ho'ohana Aku,a Hoola Aku:A Leeal Primer for Traditional and Customarv Riehts in Hawai'i,supra note 25 7 Testifiers and interviewees shared their family history as descendants of Native Hawaiians who inhabited the islands prior to 1778.In addition,others have 'ohana who are descendants of Native Hawaiians who inhabited the islands prior to 1778.As discussed further below,all have asserted claims of "valid customary and traditional Hawaiian rights [that]are entitled to [constitutional]protection regardless of their blood quantum." B.Less than Fully Developed The property where the development is proposed is not fully developed.The property is zoned for residential uses;however,no dwellmgs,improvements,and infrastmcture currently exist on this parcel. C.Claims to ConstitutionallY Protected Traditional or Customary Native Hawaiian Rights i.Subsistence Gathering Riehts Gathering and subsistence practices m fhe KIlauea ahupua'a were engaged customarily by both ahupua'a tenants as well as tenants of other ahupua'a. The testimony detailed gathering of many resources for traditional and customary subsistence, cultural,and religious purposes at Nihoku.Dominique Cordy explained that "[wjhere/when the resources for a Native Hawaiian cultural Practice are present then the practice itself is present and it should not be a burden upon the practitioner to establish that."In other words,"[i]f there were resources,there were practices [and]...[i]f there are still resources there can still be practices."i47 In addition,the following gathering ofresources for subsistence were specifically discussed: Birds: o o Seabirds are such an important cultural resource...from food,to religious purposes and regalia,and social systems...All ofthe ways m which cultural practices interpret the use of seabiids kind of imply that they are a sign of ecological integrity when you are able to use those thmgs." Sea birds were gathered for their feathers and their eggs. 42 See testifiers'full description of their descendancy or 'ohana relations in Exhibit B,C,and D.In addition, Supplemental Director's Reports #1,#2,and #4 as well as Exhibits C and D includes all the verbal and written testimonies that were considered m this analysis.43 See Exhibits B,C,and D."M. 45 These testifiers were current occupants of the Kilauea ahupua'a,descendants of mhabitants of the KTlauea ahupua'a,or conveyed knowledge ofpractices that occurred in fhe Kilauea ahupua'a.In addition,as discussed under "Custom,"testifiers that reside in other ahupua'a discussed gafhering rights as customary.46 Email from Dominique Cordy (Nov.15,2021).47 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Nov.15,2021).48 Interview with Hoku Cody and Na Kia'i o Nihoku (Oct.19,2021).49 Email from Mehana Vaughn (Nov.15,2021). o o o o Gathering Hulu,(bird feathers)for kahili,used as a symbol of royalty and now a specialized native art form being sold in Art galleries world wide. At Nihoku,the bu-ds that are present there (including the albatross,the nenes,and the wedge-tailed shearwater burrowing habitat that is on all sides ofthe mountain) are unique -the birds don t go everywhere.It is one of the only really intact seabird populations that Hawai'i has.So the birds were a reason people came from all over Kaua'i and definetely from the surrounding moku. Other than fish,the birds were an important protein source and there are stories about shearwaters being eaten.Their eggs were also an important food source that was gathered.The birds were also important for feather work.Shearwaters were also used in Makahiki ceremonies as well.They were the more readily used resource for religious regalia,not the albatross,although the albatrosses are the kino lau of Lono.Nihoku would be where you would have to come for these sorts ofpractices. Ka'ui also adds that the area has pueo nesting,which is significant because pueo are aumakua and theii hulu (feathers)are important.There are also shearwater burrows on that property. 'Alaea: o Water soluble colloidal ocherous earth,used for coloring salt,for medicine,for dye,and formally in the purification ceremony called Hi'uwai.This type of dirt is accessible at Nihoku and was gathered for medicinal purposes,such as intemal cleansing. o The soil,which has a reddish orange tinge to it.Her mom taught her how to identify that dirt as alaea-dirt Hawaiians mix with the Hawaiian salt.There are two different colors and one is male and the other female.This dirt is also medicinal.She says that Hawaiians know how to look for the veins there,and she is certain that there is alaea dirt at Nihoku. •Fishing: o Healani explains that the area has rich fishing grounds and while one has to be agile to get down to the fishmg grounds area,there are fishing trails/grounds at Nihoku.56 •Other resources: o The area has beautiful lauhala trees and when Kahanu went there she made something with lauhala.She also could see hula being done in the area to connect 57totheplace. 50 Email &om Healani Youn (Nov.14,2021).51 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Nov.15,2021).52 Id.53 Interview with Jessica Kaui Fu and Na Kia'i o Nihoku (Oct.19,2021).54 Email from Healani Youn (Nov.14,2021).55 Interview with Healani Youn and Mauliola Cook (Oct.27,2021).56 Id."Interview with Kahanu Keawe (Oct.27,2021). ii.Customs The testimony detailed a reliance on Nihoku for other customs for subsistence,cultural,and religious purposes.These customs included a "range ofpractices associated with the ancient wayoflife."58 Customs in Reverence ofthe Sacred Mauna Testifiers recognized that maunas have sacred kuleana in general,and Nihoku too is a mauna. Also,the testimony discussed tibie particular cultural significance that Nihoku embodies in great detail.This significance frames the cultural and religious rights that are practiced in the KIlauea ahupua'a,area surrounding the project site,and at the project site. Nihoku is "one of the most significant intact places that is part of the Pele story in the Pae 'aina across the state and in Kaua'i specifically."Ofthe "many mo'olelo ofthe area,recorded m wide-spread publications during the 1800s,and those that were maintained orally by local families,"the "Epic of Hi'iakaikapoliopele"tells of ""Na Kaikama,"the three sisters that were transformed into stone by Pele in her search for a home as she traveled through the Hawaiian chain.When looking for a home,Nihoku was one of the places Pele tried to dig but it wasn't sufficient enough for her,so she left and moved on.The book also notes the part of the crater that slid into the ocean.The whole area,even beyond the lighthouse area,is sacred. This connection with Pele makes Nihoku significant for practitioners as a place to seek energy and inspiration.As Healani Youn explained,Nihoku heightens practitioneis'creativity aud being present there "provides this mana [that]is important in also teaching students so that they may also perpetuate that energy in their lives."Kalani Akana also explained that "NUioku is a cultural amphitheatre and a hula mound for us Hawaiians to recount our history and cormect again to our ancestors."The "overt references to the Pele family"in mo'olelo "underscore the importance of the region in the living myths of Pele and her family,and the practitioners tasked with keeping these rich,didactic narratives alive for generations to come." In addition,testifiers explained the area's cormection with Pele makes Nihoku an especially sacred and special place for Hawaiians seeking to bonor of Pele.The mo'olelo inscribed in the Pele and Hi'iaka saga book and wide-spread publications reflect the ancient and continumg 58 Kalici,66 Haw.at 10,656 P.2d at 751.59 Interview with Kahaau Keawe (Oct.27,2021).m Interview with Dommique Cordy (Oct.20,2021).61 Email from Devin Forrest (Nov.16,2021).62 Interview with Healani Youn and Mauliola Cook (Oct.27,2021).63 M.64 Hearmg on Class IV Zoning Pennit IV-2022-1,Use Permit U-2022-1,and Special Management Area Use Permit SMA(U)-2022-l,Oct.26,2021 County of Kaua'i Plamiing Commission Meeting (written statement of Kalani Akana,0ct.23,2021).65 Hearing on Class rv Zoning Permit FV-2022-1,Use Pennit U-2022-1,and Special Management Area Use Permit SMA(U)-2022-1,Oct.26,2021 County of Kaua'i Planning Commission Meeting (written statement of Ryan McCormack,Oct.25,2021). 10 reverence for Nihokii and the customs that are practiced at the mauna.As Mehana Vaughn explained: [Pjeople come from all over Hawai'i to this area because ofPele.While Pele is not erupting ttiere,the manifestation of Pele is there and you can see that.The Pele coimection is one thing that makes Nflioku unique. In addition,Hoku Cody explained: ...Nihoku is the only crater you can actually approach and give offerrmgs right to it,whereas other places like Halema'uma'u you need to stand a distance away from it.The proximity one can get to akua is important.The height ofNihoku is also important because it shows it's significance to the sky,which is one of Hawaiians biggest elements,the heavens. Because of its significance,many cultural and religious ceremonies were engaged and continue at Nihoku.For instance,several testifiers detailed the Makahiki ceremonies that occur at Nihoku,which "is a practice that has been going on the islands for decades now and her kids have been doing it every year since they were bom."In addition,"ceremonies that are appropdate m that area,such as 'awa ceremonies which is a ceremony that feeds the gods"are engaged at Nihoku.Several testifiers talked about the annual "Piko o Wakea (Equinox)and Keala Polohiwa a Kane/Kanaloa (Solstice)"ceremonies that are engaged at Nihoku,which have been "magical,leaming,grounding,and enriching experiences."These ancient mo'olelo and the practices related to them predated 1892 given the widespread knowledge of these stories and publications during the 1800s. Hula and Oli Second,several testifiers tatked about hula and oli that are engaged at Nihoku."A cbant and an oli is actually poetry.When Hawaiians wrote they wrote with all theii senses-with smell,touch, taste,hearing...Being in that area [Nihoku]connects me to that chant.""When I go to Nihokii and I know what I'm going to choreograph or I know what I'm going to oli about..when I connect those two energies from the written word to the natural energy...boom-your energy and creativity level goes out into the spiritual oasis."In addition,at least one testifier stated that their "kupuna literally their bones and bloods are in those soils...[thus]Part of chanting and everything is acknowledging your kupuna,that's a big thing for us." Again,hula is especially remarkable at Nihoku with the area's connection with Pele.Ryan McCormack shared that: 66 Intervlew with Mehana Vaughn and Na Kia'i o Nihoku (Nov.15,2021).67 M.ls8 Interview with Dominique Cordy (Oct.20,2021).1'9 Interview with Jessica Kaui Fu and Na Kia'i o Nihoku (Oct.19,2021).70 Interview with Kahanu Keawe (Oct.27,2021).71 Interview with Healani Youn and Mauliola Cook (Oct.27,2021).72 M.73 Id. 11 We are practitioners of the Hula Pele,the ritual dance form of the descendants of the Pele clan.The chants and dances of our lineage record the ongoing relationship between people and the volcanic forces of this archipelago.It is through this work of carrying this tradition that I was first introduced to the landscape of Nihoku. ...Of the many place names that encompass Nihoku that do,indeed,affirm its status as a wahi pana there are multiple overt references to the Pele family (i.e. KHauea,Na Kaikaina),which underscore the importance of the region in the living myths of Pele and her family,and the practitioners tasked with keeping these rich,didactic nan-atives alive for generations to come.Nihoku itself provides the ideal location for a pa hula,or designated space for ceremonial dance and chant offerings,and haumana from our halau were privileged to share the hula as part of Makahiki ceremonies there in 2017. In addition,Kalani Akana explained: The lookout inspires us to remember the retum of Pele's sister,Hi'iakaikapoliopele,as we gaze at Moananuikalehua,the parrot-fish goddess and we offer a dance there called No Luna e ka Halekai"about Hi'iaka scaling a cliff to observe the signs ofnature created by Moananuialehua.When we tum ma uka we see majestic Wai'ale'ale and we chant "Kunihi ka Mauna."When we tum east we chant "Kalalea"which we see clearly and when we tum west we chant "Wailuaiki"and "Wai'oli."Nihoku is a cultural amphitheatre and a hula mound for us Hawaiians to recount our history and cormect agam to our ancestors ... Again,considering the age of the mo'olelo,these hula and oli that were coimected to mo'olelo alsopredatedl892. Kilo Third,testifiers discussed Nihoku's unique vantage point and its significance for the practice of kilo.Kalani Akana said,"Ina 'a'ole 'oe i ku ma Nihoku 'a'ole 'oe i 'ike ia Ko'olau me Halele'a" or "If you have not stood at Nihoku you haven't seen the districts of Ko'olau and Halele'a." Healani Youn explained: 74 Hearing on Class IV Zoning Pennit TV-2022-1,Use Pennit U-2022-1,and Special Management Area Use Permit SMA(U)-2022-1,Oct.26,2021 CountyofKaua'iPlanningCommissionMeeting(wriUenstatementofRyan McCormack,Oct.25,2021).75 Hearing on Class FV Zonmg Permit N-2022-1,Use Permit U-2022-1,and Special Management Aiea Use Permit SMA(U)-2022-1,Oct.26,2021 County of Kaua'i Planning Commission Meetmg (written statement of Kalani Akana,Oct.23,2021).76 M. 12 Kilo was a SIGNIFICANT part of Hawaiian Culture as it detennined the weather,when to plant,harvest,when/when not to fish/sail,etc.Our entire year was determined by all celestial beings and their movement!Nihoku is the highest accessible point chosen by navigators to practice Kilo and sail our oceans.Its significance is perpetually honored by Native Hawaiian Kilo practitioners today. Also,the winds of Nihokii,along with the flight pattems of the birds where indicators of weather pattems to Kilo practitioners also. William Kinney,Jr.explained that the practice of kilo has many disciplines.7 For example, kahuna and ali'i would observe the stars and land from a vantage point like Nihoku to see where to build as ancient land use planners.There is kilo to view weather phenomenon;kilo for timekeeping and to create calendars;and kilo was used to study the stars to eventually use stars for navigation on water,etcetera.80 Testifiers explained that Nihoku would be important for all types of kilo because of the height of place,which would make it an important place from within the ahupua'a to provide the best view plane.For instance,Jessica Kaui Fu explained: That height offers kilo vantages that aren't available in other places and aspects of the horizon that aren't available in other places.As well as if you're looking inland,not at the ocean,but ifyou're looking at the mountains,vantages of all the mountains in relatioaship to each other,that aren't available in other places.And those are mountains ofKo'olau and Halelea."82 Wind observation is also a form of kilo that is practiced particularly at Nihoku.Testifiers talked about the unique wind at Nihoku,which "breaks the wind and fuunels the wind,and it depends on the wind and direction."8 The wind is shaped and wrapped around the mauna when a"draft comes up from the crater and then wraps around the backside ofthe crater on the eastem end going west.""If trying to understand what's happening in the atmosphere or understanding stonn pattems,a kilo practitioner will look at all signs,mcluding wind."85 Regarding a "sweet spot"or ideal location for kilo,William Kinney,Jr.further explained that "on land where [one]stand[s],there are many sweet spots.""A sweet spot is finding the best spot-on an elevated plane to have the clearest view of the sky and see the most you can see in the 77 Email from Healani Youn (Nov.14,2021).78 Interview with William Kmney,Jr.(Nov.16,2021).79 M.80 M..81 Id.82 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Nov.15,2021).83 Interview with Jessica Kaui Fu and Na Kia'i o Nihoku (Nov.15,2021).84 M.85 Interview with Jessica Kaui Fu and Na Kia'i o Nihoku (Nov.15,2021).8C Interview with William Kmney,Jr.(Nov.16,2021). 13 sky in its entirety;[f]or example,you can see multiple horizons.""There are multiple on Nihoku."88 In addition,he stated: Also,another sweets spot is 20 degrees above horizon in kilo practice.This is a place in the sky from horizon and 20 degrees up.The light refraction and stars shine differently in that area.Higher -the stars appear dimmer but at 20 degrees stars look bigger.Viewing [within]20 degrees [ofthe horizon]is important. When [you]put light obstacles higher up on the mountain,it creates more light pollution within 20 degrees and hinders view of the sweet spot. Also,Jessica Kaui Fu said: When practicing kilo,there are certain parameters and conditions you have to meet and there is a halewaia (spelling*)in the middle of that are you are going to start kilo-ing from and that has to be established by the practitioner of what conditions they're trying to observe for.There is a fishmg lookout,there's a navigation lookout,there's land surveys lookouts.These lookouts could all be m different places,but also be in one spot. ...when talking about a 'sweet spot'there can be many sweet spots because when practicing kilo you are observing something that is active and the best viewplane in observing something may change.This sweet spot also depends on what you are observing.If you are observing the moon,the sun,or the stars there may be different sweet spots based on what viewplane you need.If looking at the sun rising and setting one will look between 21 or 22 degrees north and 22 degrees south,east and west on the horizon.Similarly to the moon.If looking at star points rising and setting,you would look at 360 every point on the horizon. Regarding the ideal spot for kilo and where that would occur in relation to Nihoku and the subject property,William Kinney,Jr.explained: In a context of Hawaiian observation,the entire mountain itself could probably be fit into 20 degrees from horizon and up.Depending on where you are in Kilauea, changing that visual of the mountain or adding light pollution to the mountam really skews this 20 degree area around me...That 20 degrees is the most important place you can kilo because it is called the ke'e.It is a place where the light bends because of the shape of the earth.That's like fhe sweet spot for observing stars,observing celestial objects as they rise and fall...Changing the 87 M.88 M.89 M.90 Interview with Jessica Kaui Fu and Na Kia'i o Nihoku (Nov.15,2021).91 Id. 14 shape of the mountain,changmg the light that is there,changing the characteristics of the mountain for me,personally,really impedes revitalization. Regardmg where is the "piko"and its wehewehe,this is the important parts of the mountain,usually its precipice.Where can stand.Where clouds gather on the mountain. Nihoku is a crater,which would be its important feature of the mountain.An important spot may be the viewing platfonn.But for kilo,it is where the subject property residence is -it may be where observations will be made. In addition,the property where the proposed development would be constructed also contains key areas that are ideal for kilo.William Kinney,Jr.said "[t]o see the southem hemisphere,the subject property is key."93 For example,"[w]hen you get mto Fish and Wildlife lands you see towards Ha ena,but then you cannot see Kahili Beach,and you cannot see Kalelea,Pila'C{;] [b]ut this specific parcel is where you see both.Furthermore,Jessica Kaui Fu said: One thing that is distmct about that particular parcel are the views of all the mauna and bemg able to see the Koolau,and Halele,and go all the way from the Anahola mountains all the way to Makana in Haena.For moolelo and kilo that is what makes this especially important. She explained how the project parcel is specifically good for looking at the southem skies.When you are living on the north side of the island you have this high vantage point to look at the southem sky.She can see what is rising in the southeast and going to the southwest.What she is able to see from that vantage point,from when she kilos,is a sweet spot.If she does not have access to the Fish and Wildlife,this is the highest most vantage point on Nihoku looking south.The higher vantage pomt from the Fish and Wilife area is overgrown,so this is currendy the only viewpoint that has this vantage point. Regarding when these practices were engaged,Willaim Kmney,Jr.explained that "we know they went there"because Hawaiians would "go to the mauna for important thmgs -and to its highest point.""6 Hunting Fourth,testimony indicated that hunting was engaged at Nihoku: Gary used to hunt all in these areas,such as near Makapili Rock he used to hunt for pheasants all the time.Used to hunt the lands which were the Robinson Pasture lands all the way down to Kahili.Pheasant huntmg in pastures.In regard to pig huntmg,during the plantation days,the pigs would barely come down from 92 Interview wifh William Kiimey,Jr.(Nov.16,2021).93 M.94 Interview with Jessica Kaui Fu and Na Kia'i o Nihoku (Nov.15,2021).•'•'M. "'Interview with William Kinney,Jr.(Nov.16,2021). 15 mauka areas because hunters would hunt the uplands and get the pig populations down.Nowadays there are more pigs,even pigs crossing Makanoano road.They even go in Nihoku and go after the shearwater babies and eat them. In addition,hunting also included hunting for birds."Hawaiians would eat birds and Nihoku is a place where this likely happened." Fishing Fifth,testimony discussed fishing that occurred throughout Nihoku and surrounding areas.For example,Healani Youn explained that the area has rich fishing grounds and while one has to be agile to get down to the fishmg grounds area,there are fishing trails/grounds at Nihoku.In addition,testimony reflects that: Gary recalled doing akule net,opelo fishing,hukilau during summer months down at Kahili.When Gary was growmg up,the konohiki were still around and managed the fishing in the particular area where they have kuleana ...'00 There were many fishing spots along the coastline.From Nihoku and Mokulea point to Ka Lae'o wowoni (Kilauea Point)there were 7 ways to go and do cultural fishing. Some people went down to Makapili Rock from the cliff face straight down into the beach at Makapili to pull fish for moi.Towards Mokolea Point there were two ways to get to the point and back mto the crater:1)go down to Kahili and walk along the coastline and come around the point;2)take the plantation road,which was the Quarry Road.Plantation cane field roads provided a means to access these areas,but now the cane field roads are gone and there is only one access area.Gary recalls how he would drive over vacant land to access fishmg areas, but eventually a house was built and he could not access that area anymore. Trails Sixth,testimony discussed the existence and use of trails as an extension of the customs exercised for subsistence,cultural,and religious purposes as well as a cultural practice in and of itself.These trails were used by ahupua'a tenants and tenants of other ahupua'a for subsistence, cultural,and religious purposes. Mo'olelo reflects the ancient use of trails through Nihoku to visit the "spiritual oasis,"honor Pele,and for fishing practices.Mehana Vaughn explained that "people come from all over Hawai'i to this area because ofPele."Kalani Akana explaiaed that "Nihoku is a cultural amphitheatre and a hula mound for us Hawaiians to recount our history and connect again to our 97 Interview witt Gary Smith (Oct.26,2021).98 Interview with Healani Youn and Mauliola Cook (Oct.27,2021)."Id. '°°Interview with Gary Smith (Oct.26,2021).101 M.102 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Nov.15,2021). 16 ancestors."10 Healani Youn explamed that "I go to Nihoku and I know what I'm going to choreograph or I know what I'm going to oli about..when I connect those two energies from the written word to the natural energy...boom-your energy and creativity level goes out into the spiritual oasis."Ryan McCormack explained that the "multiple overt references to the Pele family (i.e.KIlauea,Na Kaikaina)...underscore the importance of the region in the living myths of Pele and her family."In addition,Hoku Cody explained: ...Nihoku is the only crater you can actually approach and give offerings right to it,whereas other places like Halema'uma'u you need to stand a distance away from it.The proximity one can get to akua is important.The height of Nihoku is also important because it shows it s significance to the sky,which is one of Hawaiians biggest elements,the heavens.' In addition to Na Kaikaina,"the mo'olelo of Kauakahiali'i,another ancient chief,speaks of a trail going through the Nihoku area from which he sees fishermen below near Moku'a'tt[;] Kauakahiali'i calls a bird of the Nihoku area to save these fishennen from a large shark that was about to overtum their canoe and eat them.7 This mo'olelo demonstrates "that this area did have trails,access,and traditional and customary practices that were cairied out in this area that were impeded by the introduction of the new private property regime and religious beliefs." The mo'olelo reflects that "ali'i went to top of Nihoku at fhe precipice to look down;so,there were trails gomg to top of Nihoku."Also,the mo'olelo about fishing and the use of Nihoku to view fishmg locations reflects fishing and the use of trails occurred since ancient times that predated 1892. Testifiers talked about how fisherman would climb over Nihoku to get to Makapili.William Kinney,Jr."knows of uncles that get that into the crater mto Makapili OR go right to Mokolea [and]...[1]here are fishing trails m this ahupua'a [and]...[t]his alaloa or alahele is significant.Local and longtime fishennen have carved out trails to access favorite fishing grounds.Healani Youn shared that her "[u]ncles,cousins and family friends utilize trails to access fishing grounds and various types offishing." In addition,regarding the use of trails for other subsistence,cultural,and religious purposes, William Kinney,Jr.explained that "we know they went there.""Trails gave people access to 103 Hearing on Class IV Zoning Permit rv-2022-1,Use Permit U-2022-1,and Special Management Area Use Permit SMA(U)-2022-1,Oct.26,2021 County of Kaua'i Plamiing Commission Meeting (written statement of Kalani Akana,Oct.23,2021).m Interview with Healani Youn and Mauliola Cook (Oct.27,2021).105 Hearing on Class IV Zoning Permit rv-2022-1,Use Permit U-2022-1,and Special Management Area Use Permit SMA(U)-2022-l,Oct.26,2021 CountyofKaua'iPlannmgCommissionMeetmg(writtenstatementofRyan McCormack,Oct.25,2021).106 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Nov.15,2021).107 Email from Devin Forrest (Nov.16,2021). 108 M.109 Interview with WUliam Kinney,Jr.(Nov.16,2021)."»Id. 111 Email from Healani Youn (Nov.14,2021).112 Id.113 Interview with William Kinney,Jr.(Nov.16,2021). 17 harvest kalo and lii'au leaf ...[and][t]hey would also harvest opihi,pipi'i,papa'i of all kinds and fish.Limu would also be harvested. Another testifier shared that: As they talk to more kupuna and their families they tell them that there was a lot of free access to these places,especially when people were ranchmg cattle.The trails were notjust one place,they were all over the hillside.There was lots of access thioughout the whole place.After Fish and Wildlife acquired the property, the community had to go through certaia access points to get to specific fishing spots. Finally,trails were used as a cultural practice in and of itself.William Kiimey,Jr.explained that all islands had trails that circled the entire or most of the island depending on accessibility. Hawaiians used these alaloa,alanui,or alahele to access other ahupua'a for traditional and customary practices as well as to go travel or hike.These "hiking trails are sometimes combined/separate from these local fishing trails."These old roads existed prior to US occupation and these alahele,ancient roads,or trails were later built on as plantation roads."Gomg on a trek or huaka'i is a cultural practice." Regardmg the location of trails in relation to the property in question,Gary Smith said no"fishing trails [were]on the Greene's property."He explained that the property would "not the first choice to use as a fishing trail."However,William Kinney,Jr.noted that "there is also an old road that goes back there,which likely was built on top of an older trail [which]... could be people coming in from the outside [other ahupua'as],but also trails were used for other ahupua'a practitioners like fishermen for access."Also,Kapua Chandler explained that the"old plantation road goes to and right through the Greene's property": When you go to the site there is a 'wide terrace'which is where the old plantation road used to go.This goes right through the Greene's property.Back in the day, working people could drive on that road to go right to the top -that was the main road that all of the community was using for plantation.This is not referring to the paved road that goes to the cul-de-sac,this is an old plantation road constmcted before paving and before the Seacliff.Old roads such as this one often followed the existing ancient trails.This road was used for various purposes,such as kilo practices.122 114 Email from Mauliola Cook (Nov.15,2021).115 Interview with Jessica Kaui Fu and Na Kia'i o Nihoku (Nov.15,2021)."'Email from Healani Youn (Nov.14,2021).117 Interview wifh William Kinney,Jr.(Nov.16,2021).118 M.119 Interview with Gary Smith (Oct.26,2021)."°Id. 121 Interview wifh William Kinney,Jr.(Nov.16,2021).122 Interview wifh Kapua Chandler and Na Kia'i o Nilioku (Nov.15,2021). 18 William Kumey,Jr.said that "the alaloa goes through coastal parts of the island to the adjoining ahupua a";thus,for Nihoku,[i]t probably went toward the precipice and through KIlauea ahupua'a that passes by or thiough or around Nihoku,and inland and seaward over Nihoku and goes down." iii.Traditional and Customarv Rights are Not Abandoned Customary Native Hawaiian rights that were established prior to 1892 cannot be abandoned. Gary Smith noted the following: KTlauea was very unfavorable to Hawaiian habitation after the plantation took over.Hawaiians were rapidly depleted from Kilauea more so than Anahola, Ha'ena,Wainiha,Hanalei.The reasons for this rapid depletion are many,but it's important to ackaowledge that the plantation played a big role in disassociating Hawaiians from their land.For instance,if you are a kalo farmer you are fighting for water with the plantation or fighting with the cattle ranchers who are letting the cattle run free.The area became a place of great disillusionment for Hawaiians and it was easiei to live someplace else rather than fight what was going on in this area.124 In addition,Dominique Cordy stated that: There's this idea of absence now,doesn't mean that there's that traditional absence,but if you treat it as its absence now,it will never be there again.The same for cultural practices. The mo'olelo discussed earlier illustrates practices that were engaged since ancient times.In addition,the testifiers'accounts of a "range of practices associated with the ancient way of life" that were engaged or must have been engaged at Nihoku based on the behavior of ancient Hawaiians underscore that the practices were established as a "custom.Thus,"the right of each ahupua'a tenant to exercise traditional and customary practices remains intact,notwithstanding arguable abandonment of a particular site." D.Extent Resources and Traditional and Customary Native Hawaiian Rights Will be Impacted The testimony reflects that traditional and customary rights will be impacted in several ways. Impacts to Resources and Gathering Rights 123 Interview with William Kmney,Jr.(Nov.16,2021).124 Interview with Gary Smith (Oct.26,2021).125 Interview with Dominique Cordy (Oct.20,2021).126 Pub.Access Shoieline Hawaii bv Rothstein,79 Haw.at 425,450,903 P.2d at 1271. 19 First,the development's proximity to resources,the method of construction,and the lights used in the house will affect resources including birds,'alaea,and lau hala that are valued and used for gathermg as well as other practices.As Healani Youn noted: Hawaiians understood the importance of allowing the native animal and plant habitat to coexist in abundance and in its natural state.This manifested healthy, delicious food (as birds were a source of food until they disappeared from existence),and healthy breedmg grounds.LEAVING THEM IN THEIR NATURAL STATE PRODUCED THE BEST OUTCOME FOR THE AHUPUA'A,aka community.128 Specifically,regarding hulu or the gathering of birds feathers mcluding albatross,nenes,wedge- tailed shearwaters,and pueo,Mehana Vaughn explained that the development's constmction near to important bird habitat and existing colonies would have ecological impacts as well as impacts to traditional and customary rights.She stated that: When birds aie impacted,that is an ecological impact as well as a cultural impact. Mehana explains that ecological and cultural cannot be sepaiated when those kinolau embody akua.Nene are also honored for being good protective parents. When development occurs near those birds,the birds are threatened,especially the nene babies who are not used to people. The subject property is most sensitive because it is the last parcel in the subdivision that abuts important bird habitat in the USFWS refage and is the highest parcel that is situated on Nihoku.Mehana Vaughn explained that: In the case of Nihoku the area where this parcel is situated and surrounding it or the center of the mountain may be the "piko."Another way to define piko is emanating from centers of resources.In this thought I would say that every lot close to the birds namely those in special treatment resource district R which impact birds and views and span the flank ofmountain opposite its caldera in the other side are close to Pele and biids and constitute the view of the mauna.This parcel is most central and most proximate. Thus,the use of lights in the development is a concem due to their impact to birds and the customs and traditions that are connected with the birds,and to other traditional and customaiy practices.Kapua Chandler explained that "[t]he other houses there are ...primaiily seasonal residents who do not live there most of the year,and so they don't contribute greatly to light pollution,which can affect the birds and astronomical observations."Thus,the development's 127 See Interview with Healani Youn and Mauliola Cook (Oct.27,2021).128 Email from Healani Youn (Nov.14,2021).129 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Oct.19,2021). 130 M.131 Email from Mehana Vaughn (Nov.15,2021).132 Interview with Kapua Chandler and Na Kia'i o Nilioku (Oct.19,2021). 20 proximity to resources,the method of constmction,and use of lights would impact traditional and customary gathering rights. Impacts to Rights Related to Construction Activities and the Size ofthe Development Second,regarding impacts to traditional and customary rights arismg from cultural and religious practices,several testifiers were concemed that the development's size and construction activities that included excavation and grading would affect the sacredness of the mauna. Dominique Cordy emphasized that "the proposed development will have an impact and is in fact traumatic,in the sense that it is going to cut into the mountain that is culturally significant and tied to [the]Pele mo'olelo ..."Kapua Chandler explained that "this development is different than other houses in that area for several reasons ...[including]this proposed house is in the piko area,it is the highest on the mauna." Mehana Vaughn further explained: The proposed property conflicts with the lesson of that mo'olelo.The mo'olelo perpetuates the lesson that Pele couldn't build her hale at Nihoku,and then the proposed development conflicts this by showing that despite the goddess Pele not building her house here,two people can.13 Kapua Chandler also expressed: ...being very concemed about the excavation and grubbing that will occur when developing the area,and points out that other applicants showed what the quantity is of the 'aina that would be moved.This is important because ..."who we worship as the whole mauna...that changes at its core when 'aina is changed." The digging,removal and repurposing of soil is "unnatural"of Nihoku.Kapua expressed concems about the gmbbing that will occur,especially smce there will be the constmction of retaining walls,and cement terraces.The soil that is part of that mauna is sacred and "you can'tjust pick it up and move it -it's notjust dirt." The developer should be held accountable to how much 'aina will be moved and where it will be moved to ..."You're not just desecrating the mauna,you're literally separating it,especially ifthey're going to haul it away." Thus,the development's proposed size and construction activities that mvolves excavation and grading would impact practitioners'reverence for the mauna,which would also affect their ability to worship the sacred mauna. Impacts to Related to View Planes 133 Interview with Dominique Cordy (Oct.20,2021).134 Interview with Kapua Chandler and Na Kia'i o Nihoku (Oct.19,2021).135 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Oct.19,2021).136 Interview with Kapua Chandler and Na Kia'i o Nihoku (Oct.19,2021). 21 Third,the proposed development's location on the mauna would affect the traditional and customary rights that are reliant on the view plane looking toward Nihoku from anywhere within Kilauea.Namely,the view plane is key to exercising kilo.William Kiimey,Jr.explained that: The practice of kilo consists of looking at the mauna and using that as a landmark. As a resident of KTlauea,he also uses Nihoku as a landmark,a place to practice kilo,and a place where he concentrates all his personal energy to leam the thmgs he needs to be a better planner...He explains that depending on where you are in KIlauea,changing the visual of the mauna or adding light pollution to the mauna skews the 20 degree area that the mountain could be fit into ... Kapua Chandler said that "having a house and lights limits one's ability to see the stars and track the moonrise and moonset relative to Nihoku."Also,Mehana Vaughn explained that: The less high it is the less the light will impact star viewing.Especially because this navigation training mostly takes place at wowoni and moving [the]house down moves it in the opposite direction.So light will be blocked by hill and have less impact. Constructing the development at the proposed location would destroy practitioner's ability to view the 20 degree area above the mountain since the stmcture and light emanating from that structure would skew that view. In addition,testifiers explained that the presence of the building at that portion of Nihoku would impact other traditional and customary rights that rely on the view plane observed from anywhere in Kilauea.Mehana Vaughn said that: When you re looking at the mountain,composmg for the mountain,offering hula for the mountain,and you look up...this is really much situated at the piko and really much impacts the experience of the mauna,the view of the mauna,the sacredness,and the mtegrity ofit...' Anyone coming to Nikoku ...that house is going to be right there in the piko.It's gomg to change all of the practices of that whole mountam both because of the size,the message of affluence,and what matters and what the place is about... It's the last place...The ability to see these different vantage pomts m relationship to each other and Nihoku is kind of the last place for our community." Kapua Chandler explained that: 137 Interview with William Kinney,Jr.and Na Kia'i o Nilioku (Oct.19,2021).138 Interview with Kapua Chandler and Na Kia'i o Nihoku (Oct.19,2021).139 EmaB from Mehana Vaughn (Nov.15,2021).lw Interview with Mehana Vaughn and Na Kia'i o Nihoku (Nov.15,2021).141 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Oct.19,2021). 22 Whether it is for hula halau,visitors,or kama'aina alike,that whole experience changes the entire narrative of that place.And essentially as being the people you're changing the source ofthe mountains narrative.142 William Kinney,Jr.said: Just the basic presence and the building of a house and stmctuTe on the mountain changes the characteristics of the mountam,the personality of the mountain.And what that does is that it impedes the ability for us as kia i to even spark revitalization.Notjust for ourselves,but for other folks.This includes the wider community.143 Also,Dommique Cordy said "in regards of the view plane when taUcing about place and a giant house is developed,that is part of historical trauma and this trauma continues today through shiftiug land and loss ofplace.Thus,the development's constmction at the proposed location would change the narrative of Nihoku and degrade the mauna's cultural integrity,which would impact the practice of kilo and other traditional and customary rights. Impacts to Revitalization and Continuance of Traditional and Customary Rights Finally,many testifiers described a continuing lack of access to practice traditional and customary rights.Gary Smitb explained: ...during his lifetime he cannot say that he knew of anybody who went up there and did cultural practices,but also during that time the Hawaiian culture was not promoted.It was,in fact,mmimized due to people thinkmg they had to conform to the haole world.Rather,the importance of contmuing cultural practices was not only diminished,but it was stymied.With this history in miud,how are you going to get a revival m cultural users if you don't provide means of access? We don't know today what parts of the culture will be revitalized in the area but the area is allowing the opportunity for cultural revitalization.There have been many years with a gap in lack of knowledge of the place and now people are trying to leam about the cultural practices in the area.They are findmg new things that bolster the fact that this place is in fact a wahi pana.For instance,they found out that when Hawaiians threw the flaming sticks off Makana Mountain,the Hawaiians of this area would go to the top of Nihoku to observe Makana mountain and see the fire go off the mountain.Those are the types of practices we don't know until we know. Mehana Vaughn said: 142 Id.143 Interview with William Kiimey,Jr.and Na Kia'i o Nilioku (Oct.19,2021). 144 Interview with Dominique Cordy (Oct.20,2021).145 Interview with Gary Smith (Oct.26,2021). 23 It needs to be recognized in law that practices can reemerge and can't be regulated out of existence.For Nihoku,this landscape has been gated since the early 80s [because]of the subdivision that the community did not want and fought hard not to have at all.A lot of practices that would flourish on this property have not been able to.If most of the coinmunity cannot access the site you can't hold it against people that practices have not continued. Revitilization of practices aie happening in the area and the proposed house will preclude that process.For one,privitization is an issue.Privitization forces practices to be offset on the side,and not allowing one to get the full breadth.On the site is where practices should be happening,but it is privitized. Kahanu Keawe stated: She had the privilege to jom the kia'i on their cultural access pass for Piko o Wakea (Equinox)and Keala Polohiwa a Kane/Kanaloa (Solstice).Those times there have be.en magical,leaming,grounding,and eniiching experiences.This area would be key becuase you can see the sun,moon,and stars nsing and setting....Access to this area has been limited and at times cut off completely.Continumg to restore access and protect this resource is needed. Also,Ryan McConnack stated: As mo'olelo and mele confirm,Nihoku,and its surrounding wahi pana,have been areas of cultural and religious significance for centuries and continue to be so for Kanaka Maoli and practitioners of Hawai'i life ways.Any development that would restrict or interfere with the preservation of fhese lands,wildlife conservation efforts,and access to the area by cultuial practitioners and Imeal descendants of original inhabitants would be tantamount to an assault upon the culture and traditions of these lands,and would further erode the foundation of traditional knowledge so critical to understanding our collective human relationship to the landscape ofHawai'i ...149 Therefore,the development's constmction at its proposed location would further discourage and prevent traditional and customary rights from being practiced at Nihoku.As noted above,the exercise of traditional and customary practices remains intact,notwithstanding arguable abandonment of a particular site;"thus,the impacts to traditional and customary rights discussed above must be addressed. E.Feasible Action to Reasonably Protect Native Hawaiian Rights 1411 Interview with Mehana Vaughn and Na Kia'i o Nilioku (Oct.19,2021).147 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Oct.19,2021).148 Interview with Kahanu Keawe (Oct.27,2021).149 Hearing on Class IV Zoning Permit IV-2022-1,Use Permit U-2022-1,imd Special Managemeat Area Use Permit SMA(U)-2022-l,Oct.26,2021 County of Kaua'i Planning Commission Meeting (written statement of Ryan McCoraiack,Oct.25,2021). 24 The testimony reflects that the proposed development impacts the practice of traditional and customary Native Hawaiian rights.Pursuant to Ka Pa'akai O Ka 'Aina v.Land Use Commission,feasible actions must be taken to protect Native Hawaiian rights.150 The HSC discussed that the "westem concept of exclusivity is not universally applicable in Hawai'i;'however,"unreasonable or non-traditional uses are not permitted."In addition, "the retention of a Hawaiian tradition should in each case be determined by balancmg the respective interests and hann once it is established that the application of the custom has continued in a particulai area."With that in mmd,to mitigate the impacts discussed above, the following measures are recoromended: •Regarding impacts to resources that are gathered: o Relocate the development down the hill an additional 150 feet from the "Existing Building Setback Line"that created a semi-circle area as the building envelop. o Reduce the total square footage of the roofed areas including the house, portico,lanais,garage,and guest house (excluding driveway and pool)by 15 percent. o Minimize excavation to the maximum extent possible. o Incorporate bird protection activities as recommended by USFWS. •Regarding impacts caused by the construction activities and size of the house,which would necessitate excavation: o Relocate the development down the hill an additional 150 feet from the "Existing Building Setback Line"that created a semi-circle area as the building envelop. o Reduce the total square footage of the roofed areas including the house, portico,lanais,garage,and guest house (excluding driveway and pool)by 15 percent. o Minimize excavation to the maximum extent possible. 150 Ka Pa'akai O Ka 'Aina,94 Haw.at 47,7 P.3d at 1084.151 Pub.Access Shoreline Hawaii bv Rotbstem v.Hawai'i Ctv.Plan.Comm'n bv Fujmioto,79 Haw.at 447,903 P.2d at1268.152 Id.153 Kalioi,66 Haw.at 10,656 P.2d at 751. 25 •To minimize the proposed development's visual impact to traditional and customary practices related to the view plane: o Relocate the development down the hill an additional 150 feet from the Existing Building Setback Line that created a semi-circle area as the building envelop. o Reduce the total square footage of the roofed areas including the house, portico,lanais,garage,and guest house (excluding driveway and pool)by 15 perceat. •Regarding the lack of access to practice traditional and customary rights: o Provide a 10-foot-wide access easement for Native Hawaiian traditional and customary practices to access the USFWS refuge (with USFWS approval) and cultural easement. •Access will be provided above the "Existing Building Setback Line, along the fence line on the northern boundary ofthe property to the north-western comer of the property;or •Access will be provided along the southern boundary of the property and connected to the western boundary of the property to the north- western corner of the property. o For the use and exercise of Native Hawaiian traditional and customary practices,provide an easement that encompasses a 50 foot by 50 foot area that is located at tbe north-westem corner of the property,entirely above the setback line. o Access and use of the cultural easement may be up to one time per month,for up to an 8-hour period. o Access and use of the cultural easement may be for up to 25 individuals including practitioners of Native Hawaiian traditional and customary rights and members ofNa Kia'i o Nihoku.For any use ofthe cultural easement,at least one member or representative ofNa Kia'i o Nihoku will be present and in atendance. o Representatives ofNa Kia'i o Nihokii shall provide a minimum of 14 days' notice.Within 7 days of the proposed access,the owner shall permit the proposed access day or propose an alternative day within the designated month. Regardmg the balance of respective mterests and harms,the proposed measures will NOT prevent the development from being built and used.Any harm caused by any required 26 adjustments to the proposed structure's design,relocation,downsizing,and minimizing of excavation is less than the continuing loss of the traditional and customary rights.For example, the permanent constmction and entitlement of the structure as proposed would permanently conflict with and degrade the religious and cultural practices associated with the sacred mauna and connection to Pele.In addition,it would prevent the practice of kilo that relies upon views of the mauna within 20 degree from the horizon. Relocating the house to a location on the mountam that is not prominently visible from anywhere in KTlauea would further minimize any impacts to key resources used for subsistence gathering, as well as traditional and customary practices that rely on the view of the mauna including kilo. Reducing the square footage of the house would reduce the required excavation and overall massing of the development,which would impacts to practitiouers'reverence for the mauna and Native Hawaiian traditional and customary rights reliant on the unaffected view of the mauna. The reservation of an access easements to other areas on Nihoku and a cultural easement on the north-westem comer of the property for teaditional and customary Native Hawaiian practices would affect the owner's ability to exclude people from using and entering the property. However,the "westem concept of exclusivity is not universally applicable m Hawai'i."The use of the cultuial easement would be limited m time,place,and manner.Namely,the access easement would be limited to 10 feet in width and located either on the northem border or southem and westem border of the property.The cultural access easement would be limited to a 50 foot by 50 foot area.The use of the cultural easement would be up to once a month for an 8- hour period and for up to 25 practitioners or Na Kia'i O Nihoku members and representatives. The exercise itself would also comport with traditional uses where non-interference with the well-being of other residents were integral parts of the culture.On the other hand,not allowing use of a portion of the property for practices like kilo,hula,oli,or ceremonies like makahiki would encouiage these practices to be regulated out of existence.As noted in various kama'ama testimony,the subject property is ideal for kilo since it is a key spot "[t]o see the southem hemisphere"and "to see the Koolau,and Halele,and go all the way from the Anahola mountains all the way to Makana in Haena."In addition,the USFWS access is not peimanently assured. VI.PRELME\ARY RECOMMENDATION Based on the foregoing evaluation and conclusion,it is hereby recommended Class IV Zonmg Permit Z-IV-2022-1,Use Permit U-2022-1,and Special Management Area Use Pemiit SMA(U)- 2022-1,be APPROVED with the above additional conditions of approval incorporated.If approved,the following conditions shall be implemented: 1.The proposed improvements shall be constructed as represented.Any changes to said development shall be reviewed by the Planuing Director to detennine whether Planning Commission review and approval is warranted. 154 Id. 27 2.Prior to commencement of the proposed development,written confirmation of compliance with the requiiements from all reviewing agencies shall be provided to the Plaiming Department.Failure to comply may result in forfeiture of the SMA Permit. 3.Tlie proposed dwelling and guest house shall not be utilized for any transient accommodation purposes.It shall not be used as a transient vacation rental (TVR)or as a homestay.This restriction shall be incorporated into the deed restrictions of the subject parcel m the event the property is sold to another party, draft copies of which shall be submitted to the Planning Department prior to building permit application approval. 4.To ensure that the project is compatible with its surroundings and to minimize the visual impact of the stmctures,the extemal color of the proposed dwelling, guest house,and detached garage shall be of moderate to dark earth-tone color. The proposed color scheme and a landscape plan should be submitted to the Plannmg Department for review and acceptance prior to building pennit application. 5.The Applicant is advised that should any archaeological or historical resources be discovered during ground disturbing/construction work,all work in the area of the archaeological/historical findings shall immediately cease and the Applicant shall contact the State Department of Land and Natural Resources,Histonc Preservation Division and the Planning Department to determine mitigation measures. 6.Relocate the development down the hill an additional 150 feet from the "Existing Building Setback Line"that created a semi-circle area as the building envelop. 7.Reduce the total square footage ofthe roofed areas including the house,portico, lanais,garage,and guest house (excluding driveway and pool)by 15 percent. 8.Grading and excavation shall be minimized to the maximum extent possible. 9.Provide a 10-foot-wide access easement for Native Hawaiian traditional and customary practices to access the USFWS refuge (with USFWS approval)and cultural easement. a.Access will be provided above the "Existing Building Setback Line,"along the fence line on the northem boundary ofthe property to the north-westem comer of the property;or b.Access will be provided along the southem boundary of the property and connected to the westem boundary of the property to the north-westem comer of the property. 28 10.For the use and exercise of Native Hawaiian traditional and customary practices, provide an easement that encompasses a 50-foot by 50-foot area that is located at the north-westem comer of the property,entirely above the setback line. a.Access and use of the cultural easement may be up to one time per month,for up to an 8-hour period. b.Access and use of the cultural easement may be for up to 25 individuals including practitioners of Native Hawaiian traditional and customary rights and members of Na Kia'i o Nihoku.At least one member or representative of Na Kia'i o Nihoku will be present and in attendance at all times during the use of the cultural easement. c.Representatives of Na Kia'i o Nihoku shall provide a minimum of 14 days notice.Within 7 days of the proposed access,the owner shall permit the proposed access day or propose an altemative day within the designated month. 11.To avoid and minimize potential project impacts to Nene the following measures shall be incorporated: a.Do not approach,feed,or disturb Nene. b.If Nene are observed loafing or foraging within the project area during the Nene breeding season (September through April),a biologist familiar with the nesting behavior of Nene shall conduct a survey for nests in and around the project area prior to the resumption of any work.Repeat surveys shall be conducted after any subsequent delay of work of thiee or more days (during which the birds may attempt to nest). c.All work shall immediately cease and contact the Service for further guidance if a nest is discovered within a radius of 150 feet ofproposed work,or a previously undiscovered nest is found within said radius after work begins. d.In areas where Nene are known to be present,post and implement reduced speed limits,and infonn project personnel and contractors about the presence of endangered species on-site. e.Pool areas shall be covered when not in use. f.Predators on the property shall be eliminated and managed. 12.To avoid and minimize potential project impacts to Hawaiian seabtrds the followmg measures shall be incorporated: a.Fully shield all outdoor lights so the bulb can only be seen from below bulb height and only use when necessary.Spotlights aimed upward or spotlighting of stmctures shall be prohibited. b.Install automatic motion sensor switches and controls on all outdoor lights or tum off lights when human activity is not occurring m the lighted area. c.No nighttime construction is allowed during the seabird fledging period, September 15 through December 15. d.Utility lines associated with this property shall be undergrounded. 29 e.Light emitted from inside the stmctures shall be minimized to the maximum extent possible. f.Predators on the property shall be eliminated and managed. 13.The Applicant shall develop and utilize Best Management Practices (B.M.P's) during all phases of development in order to minimize erosion,dust,and sedimentation impacts of the project to abutting properties. 14.The Applicant shall resolve and comply with the applicable standards and requirements set forth by the State Health Department,State Historic Preservation Division-DLNR, and the County Departments of Public Works,Fire,Transportation,and Water. 15.To the maximum extent possible and within the confines ofunion requirements and applicable legal prohibitions against discrimination in employment,the Applicant shall seek to hire Kauai contractors as long as they are qualified and reasonably competitive with other conbractors and shall seek to employ residents of Kauai in temporary construction and pennanent resort-related jobs.It is recognized that the Applicant may have to employ non-Kauai residents for particular skilled jobs where no qualified Kauai residents possesses such skills.For the purposes of this condition,the Commission shall relieve the Applicant of this requirement if the Applicant is subjected to anti-competitive restraints on trade or other monopolistic practices. 16.The Planning Commission reserves the right to revise,add,or delete couditions of approval in order to address or mitigate unforeseen impacts the project may,create,or to revoke the pennits through the proper procedures should conditions of approval not be complied with or be violated. 17.Unless otherwise stated in the permit,once permit is issued,the Applicant must make substantial progress,as determined by the Director,regarding the development or activity within two (2)years,or the permit shall be deemed to have lapsed and be no longer in effect. The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the continuing public hearing process scheduled for December 14,2021 where the entire record should be considered prior to decision-making. The entire record should include but not be limited to: 1.Pending govemment agency comments; 2.Testimony from the general public and interested others;and 3.The Applicant's response to staffreports and recommendations. 30 l'HI SA^EdvSA ieputy Director,Planning Department Approved &Recommended to Commission: Date: KA'AINA S.HULL Director of Planning '^/(S 31 Exhibit A Outreach Log DEPARTMENT OF PLANNING KA'AINA HULL,DIRECTOR JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR DEREKS.K.KAWAKAMI,MAYOR MICHAELA.DAHILIG.MANAG1NG DIRECTOR RE: Native Hawaiian traditional and cultural practitionerslist Class IV Zoning Permit Class FV-2022-1 Use Permit U-2022-1 Special Management Area Use Permit SMA(U)-2022-1 APPLICANT:PHILIP J.GREEN AND LINDA M.GREEN List of cultural practitioners for the above referenced: 4444 Rice Street,Suite A473 •LThu'e,Hawai'i 96766 •(808)241 -4050 (b) An Equal Opportunity Employer No.Contacted Email Status Interviewed (zoom) Information provided by email 1.Kahanu Keawe kahanukeawe@gmail.com October 19, 2021 November 16, 2021 2.Mehana Vaughan mehanav@gmail.com October 19, 2021 November 10, 2021 3.William KinneyJr.kinneyw@hawaii.edu October 19, 2021 4.Kapua Chandler kapua@ucla.edu/ 08kachan@gmail.com October 19, 2021 5.JenniferKau'i Fu kauifu@gmail.gom October 19, 2021 6.Hoku Cody hokucody@gmail.com October 19, 2021 November 18, 2021 7.Dominique Leu Cordy dominique@huliauapaa.org October 20, 2021 NovemberlS, 2021 8.Sarah Barger sarahbargerl4@gmail.com No response 9.Puakea Mo'okini Olvera puakeamookinioliveira@gmail.com No response 10.Jennifer Kau'i Young losalioj@hawaii.edu Sent email 10/19/2021 11.Mauiola Cook mauliola3@gmail.com October 27, 2021 November 10, 2021 12.Healani Youn healaniyoun@gmail.com October 27, 2021 November 14, 2021 13.GarySmith garykali2@yahoo.com October 26, 2021 14.Byran Nakamura hawaii808surfer@gmail.com No response 15.Kalau Hergenrader kalau.mini@gmail.com No response 16.David Sproat s_sproat@hotmail.com No response 17.Ashley Gutierrez kanoeg66@gmail.com Will send in letter (letter sent 11.5.2021) No response 18.FernAnuenue Hollandon forAnne Frederick fern@hapahi.org No response 19.Kalani Akana kalaniakana@yahoo.com pending 20.Walter Ritte ainamomonal893@gmail.com No response 21.DerekGill derekgill@hotmail.com November 10,2021 22.Jacqueline OKeefe infojokeeffe@gmail.com November 10,2021 23.Wahinepo'aimoku L Nahele-a lonokahikini2@gmail.com No response 24.Kristalyn Mersberg kris.mersberg@gmail.com No response 25.Olena Molina olena.molina@gmail.com No response 26.Shyla Kaninauali'i Villanueva kaninausv@gmail.com No response 27.Kehaulani Kekua studiohaa.kauai@gmail.com No response 28.Tamara Martin martintamra@hotmail.com No response Trying to schedule meeting but noluck. 29.Lei Wan leipuaahil7@gmail.com No response 30.Leah Kamoiokalani Sausen leahkamoi@gmail.com No response 31.EricaTaniguchi anuheamiti@yahoo.com No response 32.Sonrisa Stepath sonrisastepath@yahoo.com No response 33.Mary Lou Kelley mkelley323@gmail.com No response 34.Kaniela Matsushima kmatsushima27@hotmail.com No response 35.Hailey K Ham-Young Giorgio haleygiorgioiSlgmail.com No response 36.Maikai Kauai ikamalie@gmail.com 37.Malia Makanani h2okeikis@gmail.com 38.Devin Forrest dforrest@hawaii.edu November 16, 2021 39.Shyla Kainau Villanueva kaninausv@gmail.com 40.Irena Bliss irenabliss@gmail.com 41.Letani G.Peltier (OHA) letanip@oha.org 42.Ryan McCormak polohinano@gmail.com 43.Sarah Barger sarahbargerl4@gmail.com 44.Sabrena Camp scampl8@adrian.edu Exhibit B Excerpts from Verbal and Written Testimonies Excernts from Verbal and Written Testimonies The following are excerpts from the verbal and written testimonies received as of the November 17,2021.All verbal and written testimonies received,in their entirety,are found in Exhibits C and D,as well as in Supplemental Director's Reports #1,#2,and #4. Devin Forrest I am Native Hawaiian and my matemal giandfathers family are from Kahili the easteriy adjoinmg ahupua'a of KTlauea. There are many mo olelo ofthe area,recorded in wide-spread publications during the 1800s,and those that were maintained orally by local families.One of these,The Epic ofHi iakaikapoliopele,is perhaps one ofthe most recognized mo'olelo in present history.This mo'olelo comprises at least 16 different versions which in tum have multiple associated mo olelo embedded within them.One of these embedded mo'olelo takes place in the project area,as discussed in my first testimony,relating to"Na Kaikaina,"the three sisters that were transformed into stone by Pele m her search for a home as she traveled through the Hawaiian chain. Nihoku and the surrounding area was once ruled by the ali'i Halanikikaupua under the ali'i nui Lono.While this mo'olelo does not produce indepth explanations of Native Hawaiian life in the area,the mo'olelo of Kauakahiali'i,another ancient chief, speaks of a trail going through the Nihoku area from which he sees fishermen below near Moku ae ae.Kauakahiali i calls a bird of the Nihoku area to save these fishermen from a large shark that was about to overturn their canoe and eat them. The above mo olelo illustrate that this area did have trails,access,and traditional and customary practices that were carried out m this area that were impeded by the introduction of the new private property regime and religious beliefs.Today,these practices are being reclaimed and practiced.Observations of manu (bird life)who dwelled in the area,are not only wildlife but guardians of the area.The project area is located on the slope of Nihoku,home and habitat not only for the rebounding avian population,but to the practices associated with Pele and the landscape that this association had created. This is a fraction of the 'ike (knowledge)pertaming to traditional and customary Native Hawaiian practices,past and present,of the area.This process is a double edged sword in that while sharing this knowledge protects the area from harm,the knowledge in tum is recorded,disseminated,and now subject to abuse from those not of the area.Those kupuna (elders)and kupa (long time residents/natives)who decide to share theu-knowledge to protect this place are making a great sacrifice that has no mitigative altemative,this project however,does. Dominique Cordv 'Email &om Devin Forrest (Nov.16,2021)(Included m Exhibit D). She has ohana that are descendants ofnative Hawaiians prior to 1778,and these relatives are specifically from the Kilauea area or ahupua'a. Regarding whether native Hawaiians would travel from other ahupua'a to the Makapili, Mokolea,KHauea Point,and the subject project area to practice cultural activities,she stated that: •Where/when the resources for a Native Hawaiian cultural Practice are present then the practice itself is present and it should not be a burden upon the practitioner to establish that.So for Nihoku there are native plants,there are manu,there are stories places,there is a view plain,and one could ([and]should go on). Regarding the significance of Nihoku and the area,she stated: •Her ohana have been part of makahiki ceremony at Nihoku ...Makahiki is a practice that has been going on the islands for decades now and her kids have been doing it every year since they were bom. •Dominique points out that there are many mo'olelo that are tied to Nihoku."This is one of the most significant intact places that is part of the Pele story in the Pae 'aina across the state and in Kaua'i specifically." •There's this idea of absence now,doesn't mean that there's that traditional absence,but if you treat it as its absence now,it will never be there again.The same for cultural practices." Regaiding the impact on traditional and customary practices caused by the proposed development,she stated: •Dominique emphasizes that the proposed development will have an impact and is in fact traumatic,in the sense that it is gomg to cut into the mountain that is culturally significant and tied to Pele mo'olelo,which is unusual for Kaua'i.Also,m regards of the view plane when talkmg about place and a giant house is developed,that is part of historical trauma and this trauma continues today through shifting land and loss of place. Garv Smith He first came to KIlauea in 1953 when he was 2 years old.His father worked in the sugar plantations.He lived most of his life in Kilauea and as he grew older,he felt the kuleana to keep the community together and KIlauea's cherished places preserved.As an early user of these lands,Gary hunted and worked on these lands when the plantation allowed people to go to these areas.Yet over the years,people were pushed out of these areas. 2 Emall from Dominique Cordy (Nov.15,2021)(IncludedinExhibitD).3M. 4 Interview with Dominique Cordy (Oct.20,2021)(Included in Exhibit C).5M. 6M. 7Id. 8 Interview with Gary Smith (Oct.26,2021)(Included m Exhibit C). Regarding the significance of Nihoku and the area,he stated: •To understand the values of the area and how they've been shaped over time,need some history of the area.Gary shares that KIlauea was very unfavorable to Hawaiian habitation after the plantation took over.Hawaiians were rapidly depleted from KIlauea more so than Anahola,Ha'ena,Wainiha,Hanalei.The reasons for this rapid depletion are many, but it's important to acknowledge that the plantation played a big role in disassociating Hawaiians from their land.For instance,if you are a kalo fanner you are fighting for water with the plantation or fighting with the cattle ranchers who are letting the cattle mn free.The area became a place of great disillusionment for Hawaiians and it was easier to live someplace else rather than fight what was going on in this area. •Nihoku presents the opportunity to help revive bird populations as well as revitalize the cultural practices in the area.In fact,Gary shared that there were no birds at Crater Hill because ofthe plantation work done there being detrimental to birds.But once plantation activity stopped at the hill,the birds started to come back.Gary could see the bird populations trying to come back to this area and people didn't kaow that the nene goose would proliferate in this area.The biologists did not think nene were ever ia the area,but then someone found a fossilized nene bone.Must keep in consideration the limitations of westem science.° •Similarly,archeology is limited.Archaeologists claim there are no artifacts here. However,Gary explams that it's important to acknowledge that the first plantation people were artifact collectors.Many workers were very superstitious of artifacts and if they found something,they gave it to the luna.Gary thinks that any of the easier artifacts were taken a long time ago when the place was a dairy farm and there was no vegetation at times or short manicured grass.Gary finds that for this reason it is understandable,yet troubling,as to why there were no artifacts found in the area.Gary also explains that during his lifetime he cannot say that he knew of anybody who went up there and did cultural practices,but also during that time the Hawaiian culture was not promoted.It was,in fact,minimized due to people thmking they had to confoim to the haole word. Rather,the importance of continumg cultural practices was not only diminished,but it was stymied.With this history in mind,how are you going to get a revival in cultural users if you don't provide means of access? •We don t know today what parts of the culture will be revitalized in the area but the area is allowing the opportunity for cultural revitalization.There have been many years with a gap in lack of knowledge of the place and now people are trying to leam about the cultural practices in the area.They are finding new things that bolster the fact that this place is in fact a wahi pana.For instance,they found out that when Hawaiians threw the flaming sticks off Makana Mountam,the Hawaiians of this area would go to the top of Nflioku to observe Makana mountain and see the fire go off the mountain.Those are the types of practices we don't know until we know. Regarding the practices that were engaged at Nihoku and the area,he stated that: 'M. •"M. "Id. 12 Id. Gary explained how access to practices,resources,and activities,such as fishing and gathering,should be prioritize/valued and how access has changed and been limited over the years.Before,residents,whether they were Hawaiian or not,took over the cultural practices of the people before them.Gary recalled doing akule net,'opelo fishing,hukilau during summer months down at Kahili.When Gary was growing up,the konohiki were still around and managed the fishing in the particular area where they have kuleana.For instance,the Akanas,who worked with Kilauea Sugar Company and acquired the konohiki from Kilauea Sugar who leased it to them had kuleana of Kahili.People stayed in their own areas to fish-and the same goes for hunting.However,the konohiki system ended when Kilauea Sugar Company closed and the land was sold to people who didn't know or want to continue the konohiki system. There were many fishing spots along the coastlme.From Nihoku and Mokulea point to Ka Lae'o wowoni (Kilauea Pomt)there were 7 ways to go and do cultural fishmg.Some people went down to Makapili Rock from the cliff face straight down into the beach at Makapili to pull fish for moi.Towards Mokolea Point there were two ways to get to the point and back into the crater:1)go down to Kahili and walk along the coastline and come around the point;2)take the plantation road,which was the Quarry Road. Plantation cane field roads provided a means to access these areas,but now the cane field roads are gone and there is only one access area.Gary recalls how he would drive over vacant land to access fishing areas,but eventually a house was built and he could not access that area anymore.At Mokulea Point the easiest access was to drive to the pomt as far as you could and then go down the cliff face at the pomt.That takes you to an area where throw net fisherman can fish for ahole,moi,and nenue.There was also access to the little bay between Makapili Point and lighthouse,Ka Lae'o wowoni,that ulua fisherman would go down and fish off the point and Moku'ae 'ae and the lighthouse point.On the side as you go down to the lightkeepers house there is a small trail that gets you into small cove between Nihoku Crater and the Point of Kilauea Light.The fishing down there is excellent for ahole Fishing and moi fishmg.They would go fishing anytime. Gary used to hunt all in these areas,such as near Makapili Rock he used to hunt for peasants all the time.Used to hunt the lands which were the Robinson Pasture lands all the way down to Kahili.Pheasant hunting in pastures.In regard to pig hunting,durmg the plantation days,the pigs would barely come down from mauka areas because hunters would hunt the uplauds and get fhe pig populations down.Nowadays there are more pigs, even pigs crossing Makanoano road.They even go in Nihoku and go after the shearwater babies and eat them. Gary does not think there were fishing trails on the Greene's property,however if everything else was blocked and there was no way,then definitely the Greene's property would have been a fishing trail.But not the first choice to use as a fishing trail. When Fish and Wildlife acquired the property,access was majoriy limited... "Id. 14 Id. 15 M. "•M. "Id. Healani Youn Healani Youn stated that she is a descendant of native Hawaiians who inhabited the islands prior to 1778.Her mother was raised in Kalihiwai and has 'ohana that frequented Kilauea. •My grandmother owned a Kuleana Award in Kalihiwai.Kalihiwai is in the moku of Halele'a and sits close to the border of the moku of Ko'olau.Kilauea is situated in the Ko olau moku.Although they are in 2 different moku,Kalihiwai and Nihoku are m close proximity Upon conversation with older family members,my family,(NA'E'A)did live in the moku of Ko'olau.Understand that Hawaiians practiced the barter system as a way of life and shared between moku. Regarding the significance of Nflioku and the area: •Nihoku is indicated in the Pele and Hi'iaka saga book.When looking for a home,Nihoku was one of the places Pele tried to dig but it wasn't sufficient enough for her,so she left and moved on.The book also notes the part of the crater that slid into the ocean.The whole area,even beyond the lighthouse area,is sacred. •Healani explains that when she creates anything like a modem hula or kahiko,the elements and energy of that place heightens her creativity.She compares it to going to church.She emphasizes that it is not only her who uses that area as a source of energy and creativity,but a lot of practitioners go to the lookout in the area and hangout there for that reason.A place that provides this maua is important in also teaching students so that they may also perpetuate that energy in their lives. •A chant and an oli is actually poetry.When Hawaiians wrote they wrote with all their senses-with smell,touch,taste,hearing...Being in that area [Nihoku]connects me to that chant.The breezes and the birds,and everything that is indicated in that chant I am feeling and living from hanging out at Nihokii...The energy starts to flow until I feel like I become nature.Because again,my kupuna literally their bones and bloods are in those soils...Part of chanting and everything is acknowledging your kupuna,that's a big thing for us."-Healani •"When I go to Nihoku and I know what I'm gomg to choreograph or I know what I'm going to oli about..when I connect those two energies from the written word to the natural energy...boom-youi energy and creativity level goes out into the spiritual oasis."-Healani *"I don't want any more places to be taken away from us as practitioners where we can freely go and load up on mana."-Healani •As I mentioned,the natural energies of the area,when honored thm voice(old)and dance manifest mto our being in ways of HEALING,mentally,emotionally,and spiiitually as it cormects us to our ancestors in that realm.These types of practices eliminate us from 18 Email ftom Healani Youn (Nov.14,2021)(Included in Exhibit D).19 Interview wifh Healani Youn and Mauliola Cook (Oct.27,2021)(Included in Exhibit C).2»M. 21 H.22 M.23 Id. needing the services of Psychologist,Psychiatrist or American idealism of non-physical healmg methods. Regarding the practices that were engaged at Nihoku and the area,she stated that: •Kilo was a SIGNIFICANT part of Hawaiian Culture as it detennined the weather,when to plant,harvest,when/when not to fish/sail,etc.Our entire year was determined by all celestial beings and theii movement!Nihoku is the highest accessible point chosen by navigators to practice Kilo and sail our oceans.Its significance is perpetually honored by Native Hawaiian Kilo practitioners today.Also,the winds of Nihoku ,along with the flight pattems ofthe birds where indicators ofweather pattems to Kilo practitioners also.2 •Gather 'Alaea:Water soluble colloidal ocherous earth,used for coloring salt,for medicine,for dye,and fomially m the purification ceremony called Hi'uwai.This type of dirt is accessible at Nihoku and was gathered for medicmal purposes,such as intemal cleansmg. o Healani also speaks about the soil,which has a reddish orange tinge to it.Her mom taught her how to identify that dirt as alaea-dirt Hawaiians mix with the Hawaiian salt.There are two different colors and one is male and the other female.This dirt is also medicinal.She says that Hawaiians know how to look for the veins there,and she is certain that there is alaea dirt at Nihoku. •Uncles,cousins and family friends utilize trails to access fishing grounds and various types of fishing. •Gathering Hulu,(bird feathers)for kahili,used as a symbol of royalty and now a specialized native art form being sold in Art galleries worid wide. *Trails:Local and longtime fishemien have carved out trails to access favorite fishing grounds.Hiking trails are sometimes combmed/separate from local fishing trails. •Healani explains that the area has rich fishing grounds and while one has to be agile to get down to the fishing grounds area,there are fishing trails/grounds at Nihoku. •There is also hunting at NUioku.Healani says that Hawaiians would eat birds and Nihoku is a place where this likely happened.For Hawaiians,feathers are also a prized possession.For instance,at Luakini (spellmg?*),which is a type ofheiau,Hawaiians would look for signs from the environment.A feather is a sign,and is considered significant.Birds are also mdicators to help Hawaiians predict weather. •Hawaiians understood the importance of allowing the native animal and plant habitat to coexist in abundance and in its natural state.This manifested healfhy,delicious food (as birds were a source of food until they disappeared from existence),and healthy breedmg "Email from Healani Youn (Nov.14,2021)(Included in Exhibit D).25 M.2<M. 27 Interview with Healani Youn and Mauliola Cook (Oct.27,2021)(Included in Exhibit C).28 Email from Healani Youn (Nov.14,2021)(Included in Exhibit D).29 Id.3»M. 31 Interview with Healani Youn and Mauliola Cook (Oct.27,2021)(Included in Exbibit C).32 Id. grounds.LEAVING THEM IN THEIR NATURAL STATE PRODUCED THE BEST OUTCOME FOR Ttffi AHUPUA'A,aka community.33 Hoku Cody Hoku Cody s last 'ohana member from Kaua'i was 2 generations ago.Her grandpa who was bom in KIlauea and raised in Wailua....she is connected to this issue because she sees it as a way to address a larger problem of saving wild spaces and ensuring the survivability of the native life and living cultures around them. Regarding practices that were engaged at Nihoku and the area,she stated: •"Seabirds are such an important cultural resource...from food,to religious purposes and regalia,and social systems...All ofthe ways in which cultural practices interpret the use of seabirds kind of imply that they are a sign of ecological integnty when you are able to use those thmgs."-Hoku35 •"The birds itself is the resource.Without the regali for our relgiious stuff,without the social systems,or evenjust havmg it as food...Without that we don't really have a whole lot ofuniquely,Hawai'i artistic expression and that's really important too."-Hoku •Hoku also adds that it is hard to identify archaeological sites when an area was too sacred and too important to disturb what was already there. •Hoku adds to this that Nihoku is the only crater you can actually approach and give offerrings right to it,whereas other places like Halema'uma'u you need to stand a distance away from it.The proximity one can get to akua is important.The height of Nihoku is also important because it shows it s significance to the sky,which is one of Hawaiians biggest elements,the heavens. Jessica Kau'i Fu Kau'i is a lineal descendent of Kaua'i and grew up in Hanalei and Wailua.She has family ties all over Kaua i.She is a resident of Kilauea and her ohana and children are native kama'aina of KIlauea.Ka'ui comes from a family of fishermen and laud managers who held roles of responsibility taking care ofplaces all over Kaua i.Her great grandfather was a blacksmith m the area and also helped build a lot of the mills for the plantation.Going further back,her family s genealogy is also liiiked to political and social networks in Wailua because that's where her great grandmother was from. Regarding the significance of Nihoku and the area,she stated: •Ka'ui also expresses the sacredness of the whole mauna and her sadness of grading currently happening on the lower side of Nihoku."A huge graded,open,not tarped,not anything,brown as can be,right in the start of rainy season face of Nihoku.And that's not okay."-Ka'ui 33 EmaU from Healani Youn (Nov.14,2021)(Included in Exhibit D).34 Interview wifh Hoku Cody and Na Kia'i o Nilioku (Oct.19,2021)(Included in Exhibit C).35 H.36 Id.37 M.38 Interview wifh Mehana Vaughn and Na Kia'i o Nihoku (Nov.15,2021)(Included in Exhibit C).39 Interview with Jessica Kau'i Fu and Na Kia'i o Nihoku (Oct.19,2021)(Included in Exhibit C). Regarding the traditional and customary native Hawaiian practices that were engaged in the area, the project site,and region,she stated: *Ka'ui also adds that the area has pueo nesting,which is significant because pueo are aumakua and their hulu (feathers)are important.There are also shearwater burrows on that property. •Ka ui mentions that ceremonies that are appropriate in that area,such as 'awa ceremonies which is a ceremony that feeds the gods. •When practicing kilo,there are certain parameters and conditions you have to meet and there is a halewaia (spelling*)in the middle of that are you are going to start kilo-ing from and that has to be established by the practitioner of what conditions they're trying to observe for.There is a fishing lookout,there's a navigation lookout,there's land surveys lookouts.These lookouts could all be in different places,but also be m one spot. *One thing that is distinct about that particular parcel are the views of all the mauna and being able to see the Koolau,and Halele,and go all the way from the Anahola mountains all the way to Makana in Haena.For moolelo and kilo that is what makes this especially important. •She explained how the project parcel is specifically good for looking at the southem skies.When you are living on the north side ofthe island you have this high vantage point to look at the southem sky.She can see what is rising in the southeast and going to the southwest.What she is able to see from that vantage point,from when she kilos,is a sweet spot.If she does not have access to the Fish and Wildlife,this is the highest most vantage point on Nihoku looking south.The higher vantage point from the Fish and Wilife area is overgrown,so this is currently the only viewpoint that has this vantage point.Ka'ui also emphasizes that when talking about a 'sweet spot'there can be many sweet spots because when practicing kilo you are observmg something that is active and the best viewplane m observing something may change.This sweet spot also depends on what you are observing.If you are observmg the moon,the sun,or the stars there may be different sweet spots based on what viewplane you need.If looking at the sun rising and setting one will look between 21 or 22 degrees north and 22 degrees south,east and west on the horizon.Similarly to the moon.If looking at star pomts rising and setting,you would look at 360 every point on the horizon. •The unique piece of Nihoku is the height.When you get into Fish and Wildlife lands you see towards Ha'ena,but then you cannot see Kahili Beach,and you cannot see Kalelea, Pila'a.But this specific parcel is where you see both. •"Being up that mountain is giving you a certain vantage and a vantage you are uot going to get on any other parcel."-Ka'ui •NUioku breaks the wind and funnels the wind,and it depends on the wind and direction. It does shape a lot of the wind.The wmd wraps around.A draft comes up from the crater 40 Id.41 Interview with Jessica Kau'i Pu and Na Kia'i o Nihoku (Oct.19,2021)(Included m Exhibit C).42 Interview with Jessica Kau'i Fu and Na Kia'i o Nihoku (Nov.15,2021)(Included in Exhibit C).43 M.44M. «5M. 46 Id. and then wraps around the backside of the crater on the eastem end going west.Mr. Greene is also experiencing and is concemed about the strong winds on his property and is wantiug to oput things to block it. •If trying to understand what's happening in the atmosphere or understanding storm pattems,a kilo practitioner will look at all signs,including wind. Regarding the existence of trails in the area,she stated: •Ka ui said yes,there are trails.As they talk to more kupuna and their families they tell them that there was a lot of free access to these places,especilaly when people were ranching cattle.The trails were not just one place,they were all over the hillside.There was lots of access throughout the whole place.After Fish and Wildlife acquired the property,the community had to go through certain access points to get to specific fishing spots. Kahanu Keawe Her great great graudmother and 'ohana lived in the ahupua'a of Kilauea between Kilauea and Kahili specifically.She is a descendant of native Hawaiians who inhabited the islands prior to 1778.Her uncle at one point was a caretaker for the momomi (Wowoni I believe is the correct name for this point)Point Lighthouse.Duriug the summer times,she would come with her uncles in Kilauea and work Na Pali. Regarding the significance of Nihokii and the area,she stated: •In general,Kahanu recognizes that maunas have sacred kuleana in general,and Nihoku too is a mauna. •Kahanu expresses that this place is "sacred"and when she goes to Nihoku she can feel the mana from the area.To open the expenence you have to have the right people facilitiating those things. Regarding the traditional and customary native Hawaiian practices that were engaged in the area, the project site,and region,she stated: •The area has beautiful lauhala trees and when Kahanu went there she made something with lauhala.She also could see hula being done in the area to comiect to the place. •Kahanu feels that navigation must have happened up there because you have a 360 degree view ofthe stars. •Kahanu participates in the Piko o Wakea ceremony at Nihoku,which is done during sunrise and sunset. 47 M.48 M.49 M.50 Email from Kahana Keawe (Nov.17,2021)(Included in Exhibit D).51 Interview with Kahanu Keawe (Oct.27,2021)(Included m Exhibit C).52 M.53 M.54 Id. •Kahanu expressses that she values taking care of the 'aina as the first and foremost priority. •She had the privilege to join the kia'i on their cultural access pass for Piko o Wakea (Equinox)and Keala Polohiwa a Kane/Kanaloa (Solstice).Those times there have been magical,leaming,giounding,and enriching experiences.This area would be key becuase you can see the sun,moon,and stars rismg and setting.The rising and setting being the critical times to kilo those natural elements.The vantage points to wateh the elements move in and around the area.Being able to see from Haena in Halele'a all the way to Pila'a.We sailed on a small double hulled canoe from Waipa to Moloaa.I heard from one kupuna that their kupuna was able to see the conditions in their spot and know what was going on m another ahupa'a.That led me to want to develop this skill and knowing.I feel this would be one of those places where you could go and if you went there enough you could then know what is [going]on in other areas.Then after years of doing this depending on what is needed you can make the decision to go or not.It's all connected.Access to this area has been limited and at times cut off completely.Continuing to restore access and protect this resource is needed. Regarding the existence of trails in the area,she stated: •Walkmg by foot was the basic mode of moving around so foot trails have been the main way to get from place to place.Many trails became the roads.Did they exist?Yes they did.For every basic purpose of living until colonization,plantations claiming large land holdings and blocking access to farm their crops,and then the introduction of cars.I believe access would have been seasonal as you know when you kilo that there are different times to go to different places and for different things. Regardmg the impact on traditional and customary practices caused by the proposed development,she stated: •The place is no longer experienced for its presentiug beauty but for the man made buildmgs that create a have and have not experience as many of our students live m multigenerational homes to make ends met.The character of this place would be forever changed.The amount of unintended and unknown things that occur during construction alone is grounds to not move forward.At the school they are remodeling a building.In the process the large machines needed to do thejob unintentionally hit down ti leafplants planted by a student.This is a small area dn made me thmk about when that large home is constructed if allowed in the currently location what type of unknown disruption and damage will be done. •The biggest is when you are driving up the hill to get to the access gate.Any group going to that access gate will have to pass by that hale. •Imagining that large hale on that lot brings eha (sadness)and kaumaha (heaviness). Kalani Akana 55 M.51ild. 57 Email from Kahana Keawe (Nov.17,2021)(Included m Exhibit D).58 Id. My name is Kalani Akana and my familes,the Kaluna,Makanui,Kekaula,Wood and Akana have been living in Anahola since the 1700s and granted a kuleana in the 1860s which was named Konalele ... Whenever I have an 'uniki hula (a traditional graduation)we make a pilgrimage to Keahualaka at Ke'e.Before that we visit Wailua then go to Nihokii to observe and honor the former home ofPele and her,our family and to gaze upon the beautiful flight of 'iwa, koa'e and many more.The lookout inspires us to remember the retum of Pele's sister, Hi iakaikapoliopele,as we gaze at Moananuikalehua,the parrot-fish goddess and we offer a dance there called No Luna e ka Halekai"about Hi'iaka scaling a cliff to observe the signs of nature created by Moananuialehua.When we tum ma uka we see majestic Wai'ale ale and we chant "Kunihi ka Mauna."When we tum east we chant"Kalalea"which we see clearly and when we tum west we chant "Wailuaiki"and"Wai'oli."Nihoku is a cultural amphitheatre and a hula mound for us Hawaiians to recount our history and connect again to our ancestors.Let's not introduce obstacles mto this wahi pana. There is a wise saying,"Ina 'a'ole 'oe i ku ma Nihoku 'a'ole 'oe i 'ike ia Ko'olau me Halele a"or "If you have not stood at Nihoku you haven't seen the districts of Ko'olau and Halele'a."In other words,you haven't seen Kaua'i -natural and pristine Kaua'i.I cringe at the idea of standing at Nihoku and starmg into a massive stmcture as is being considered in the permit... Kapua Chandler Kapua has kupuna from the Kahili and KTlauea area.They have lots of kuleana lots down in Kahili that were moved to the upper part of Kahili when all of them were moved.Last one there was her tutu Roselma (great grandmother).Her Chandler side was at the base of Nihoku and her dad was raised in Waimea and Ha ena.Kapua lived in KIlauea on an AG lot.It was where she was bom and raised and so the connections to Kilauea has never left from her tutu.Her kupuna is in her backyard. Regarding the significance of Nihoku and the area,she stated: •Kapua also adds in that as someone who grew up in KIlauea she can attest to this.She emotionally expressed how while she never got to go to Nihoku in her young life,but going in her adult life was a transformational experience. •Kapua also points out the revitalization ofhulu work,usmg birds and feathers.This practice is just starting to come back.They just recently got to make a kahili which is a huge piece from the native birds.Kapua does not even know when the last time was that that happened for the KHauea community.It was a huge moment for them.These types of opportunities go away with developments. 59 Hearing on Class FV Zonmg Permit IV-2022-1,Use Permit U-2022-1,and Special Management Area Use Permit SMA(U)-2022-l,Oct.26,2021 CountyofKaua'iPIaimingCommissionMeeting(writtenstatementofKalani Akana,Oct.23,2021).6°Interview wifh Kapua Chandler and Na Kia'i o Nihoku (Oct.19,2021)(Included in Exhibit C)."M. 62 Id. Regarding the existence of trails in the area,she stated: •Kapua adds that Uncle Gary told her that the old plantation road goes to and right through the Greene s property.When you go to the site there is a 'wide terrace'which is where the old plantation road used to go.This goes right through the Greene's property.Back in the day,working people could drive on that road to go right to the top-that was the main road that all ofthe community was using for plantation.This is not referring to the paved road that goes to the cul-de-sac,this is an old plantation road constructed before paving and before the Seacliff.Old roads such as this one often followed the existing ancient trails.This road was used for various purposes,such as kilo practices.63 Regardmg the unpact on traditional and customary practices caused by the proposed development,she stated: •Kapuas points out that this development is different than other houses in that area for several reasons.Firstly,this proposed house is in the piko aiea,it is the highest on the mauna.The other houses there are also primarily seasonal residents who do not live there most of the year,and so they don't contribute greatly to light pollution,which can affect the birds and astronomical observations. •Kapua also expresses being very concemed about the excavation and grubbing that will occur when developing the area,and pomts out that other applicants showed what the quantity is of the aina that would be moved.This is important because,in Kapua's words,"who we worship as the whole mauna...that changes at its core when 'aina is changed.The digging,removal and repurposing of soil is "unnatural"of Nihoku.Kapua expressed concems about the gmbbmg that will occur,especially since there will be the constmction of retaining walls,and cement tenaces.The soil that is part of that mauna is sacred and "you can'tjust pick it up and move it-it's notjust dirt."The developer should be held accountable to how much aina will be moved and where it will be moved to. Kapua points out that that's not a part that is being looked at in the application right now. •"You're not just desecrating the mauna,you're literally separating it,especially if they're gomg to haul it away."-Kapua66 •"Whether it is for hula halau,visitors,or kama'ama alike,that whole experience changes the entire narrative of that place.And essentially as being the people you're changing the source of the mountains narrative."-Kapua Mehana Vaughn Mehana Vaughn is a descendant of native Hawaiians who inhabited the islands prior to 1778. Her ohana are descendants of native Hawaiians with genealogies that reach prior to 1778 fiom the Kilauea area,specifically Ko'olau and Halele'a including neighbormg areas such as Kalihiwai.68 63 Interview with Kapua Chandler and Na Kia'i o Nihoku (Nov.15,2021)(Included m Exhibit C).M Interview wifh Kapua Chandler and Na Kia'i o Nihoku (Oct.19,2021)(Included in Exhibit C).65 M.66 M..67 Id.68 Email from Mehana Vaughn (Nov.15,2021)(Included in Exhibit D). Regarding the significance of Nihoku and the area,she stated: •Nihoku,from base to crest,soils to soaring manu,Mokolea to Wowoni,is a wahi pana,a storied and sacred space unique in all of Hawai'i.It is the volcanic crater which gives Kilauea our name,producing the ash that continues to nourish cultivation of surrounding areas.It is the primary place on the KIlauea plateau untouched by the bulldozing and intense land use of sugar,whose highest fields ended just across the street from the subject parcel.It is our guardian mountain,with its ao po'o muku wind,which splits the predominant clouds and weather rolling from the north-east,sendmg rains toward the mountains,and the Kauape a wind to sea.This single mauna,with its eroding cratei and stories of the voyages and mteractions of Pele and her siblings,brmgs together both the youngest and olders parts of our island chain,from the active caldera of the other Kilauea,to the eroding kupuna islands of the north west. •The entire mauna is a pilco.Additionally two spots are piko.The very crest or top.And the area where this parcel is situated and surrounding it.The center of the mountain.Another way to define piko is emanating from centers of resources.In this thought I would say that every lot close to the birds namely those in special treatment resource district R which impact birds and views and span the flank of mountain opposite its caldera in the other side are close to Pele and birds and constitute the view of the mauna.This parcel is most central and most proximate. •The current usfws viewing platfomi is located near the highest point of the mauna however nihoku is not like other more defined mauna where one peak is higher than all others.Say Namahana.The top is gradual and a long spine of crater edge with every few feet of elevation between points so I would call the entire spine the high point.The subject parcel is located adjacent to the most narrow part oftvis eroded spine.7 •The entire mauna is considered "sacred,"and it "grows more so the closer you get to the crest."72 •A sweet spot to kilo is different than a piko. •One definition is the highest point of the mauna.One piko of Nihoku would be the highest elevation point,that could be the viewing platform.Another piko is the center of something,part of it is the resource center-the proximity to resources that are of importance.7 •"Your piko really is in relation to the resources and where they are.The piko eminates from those resources."-Mehana •This parcel is very much situated at the center of Nihoku.This parcel is very much situated at the piko.In the word of Mehana: 69 Hearing on Class IV Zoning Permit IV-2022-1,Use Permit U-2022-1,and Special Management Area Use Permit SMA(U)"2022-1,Oct.26,2021 CountyofKaua'iPlaimingCommissionMeetmg (written statement of Mehana Vaughn,Sept.12,2021).70 Email from Mehana Vaughn (Nov.15,2021)(Included in Exhibit D).7'Id. 72 M.73 Interview wifh Mehana Vaughn and Na Kia'i o Nihoku (Nov.15,2021)(Included in Exhibit C).74 Id.75 Id. •"When you're looking at the mountain,composing for the mountain,offering hula for the mountain,and you look up...this is really much situated at the piko and really much impacts the experience of the mauna,the view of the mauna,the sacredness,and the integrity of it.It is because of this piko location..."-Mehana •Mehana adds that more than any other parcel,this parcel is so close to the top and is so close to the steepest part of that mountain that spent millions of years eroding to be j ust what it is. •Also,Mehana adds,Nihoku had it's own ali'i,it's own wind,so they know it was uniquely significant.7 •The area is directly and intimately tied to mo'olelo.There is mo'olelo about Na kaikaina, the three sisters,in which the mo'olelo speaks about Pele not building her home on the crater.The short version is that Pele is trying to build her home on the crater,but then her sisters come,and she cannot build her home. •This is the area where people oli to Nihoku,and seeing that excavation happening affects the cultural practice of oli and hula for the mauna. •Mehana talks about how people come from all over Hawai'i to this area because of Pele. While Pele is not erupting there,the manifestation of Pele is there and you can see that. The Pele connection is one thing that makes Nihoku unique. Regardmg the traditional and customary native Hawaiian practices that were engaged in the area, the project site,and region,she stated: •One was to gather sea birds,their feathers and their eggs.Also to observe interact with and leam about them as indicators of enviromnent.Another for practices honoring Pele her ohana and the genealogy of the Hawaiian archipelago." •People still travel here for Makahiki kilo hula hunting and Lawaia.Also moolelo and education.Perpetuation across generations. •It needs to be recognized in law that practices can reemerge and can't be regulated out of existence.For Nihoku,this landscape has been gated since the early 80s [because]of the subdivision that the community did not want and fought bard not to have at all.A lot of practices that would flourish on this property have not been able to.If most of the community cannot access the site you can't hold it against people that practices have not continued. •For instance,the Sproat family used to kilo for fish on that mountain.Mehana explains that there is a fishing trail that goes thiough the Barker's property that the Pike's always used.Due to access issues,those families have not been able to use the place since the 80s in the ways they used to. 7»M. 77 M.78 Id.79 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Oct.19,2021)(Included in Exhibit C).80 M.81 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Nov.15,2021)(Included in Exhibit C).82 Email from Mehana Vaughn (Nov.15,2021)(Included in Exhibit D).83 M.84 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Oct.19,2021)(Included in Exhibit C).85 Id. •In addition,Mehana emphasizes that the resources define the practices.At Nihoku,the birds that are present there (including the albatross,the nules,and the wedge-tailed shearwater burrowing habitat that is on all sides of the mountain)are unique-the birds don't go everywhere.It is one of the only really intact seabird populations that Hawai'i has.So the buds were a reason people came from all over Kaua'i and definetely from the surroundmg moku.Other than fish,the biids were an important protein source and there are stories about shearwaters being eaten.Their eggs were also an important food source that was gathered.The birds were also important foi feather work.Shearwaters were also used in Makahiki ceremonies as well.They were the more readily used resource for religious regalia,not the albatross,although the albatrosses are the kino lau of Lono. Nihoku would be where you would have to come for these sorts of practices. •"If there were resources,there were practices.If there are still resources there can still be practices."-Mehana87 •"That height offers kilo vantages that aren't available in other places and aspects of the horizon that aren't available in other places.As well as if you're looking inland,not at the ocean,but if you're looking at the mountains,vantages of all the mountains in relationship to each other,that aren't available in other places.And those are mountains ofKo'olau and Halelea."-Mehana88 •In addition,Mehana explains that Nihoku is vital in terms of mo'olelo of how all the surrounding mountains are connected.That parcel is the only place where you can see all of those mountains at one time,and where they can see each other. •Mehana adds that Nihoku is uniquely positioned and is the only place one can see both sides of the montain and fhe horizon in both directions,which is important for traditional calendars.For instance,the alignments of makahiki and other ceremonies and seasons are around certain constellations rising at different times. Regarding trails or access from other neighboring ahupua'a,she stated that: *There are multiple fishing trails on Nihoku ...[t]he plantation road went through the subject parcel [and][tjhese roads often followed older trails. Regardmg the impact on traditional and customary practices caused by the proposed development,she stated: •When birds are impacted,that is an ecological impact as well as a cultural impact. Mehana explains that ecological and cultural cannot be separated when those kinolau embody akua.Nene aie also honored for being good protective parents.When development occurs near those birds,the bu-ds are thieatened,especially the nene babies who are not used to people. •"Anyone coming to Nikoku-whether they are coming to walk their dog,roll their baby, teach their kid to bike,or they are coming because they are on their way to Keahualaka 8°InterviewwithMehanaVaughnandNaKia'ioNihoku(Nov.15,2021)(Included inExhibitC). 87 M. 8«M. 89 Interview with Mehana Vaugha and Na Kia'i o Nihoku (Oct.19,2021)(Included in Exhibit C). »°M. "Email from Mehana Vaughn (Nov.15,2021)(Included in Exhibit D).92 Interview with Mehana Vaughn and Na Kia'i o Nihoku (Oct.19,2021)(Included in Exhibit C). and this is part of theirjoumey to becoming a Kumu Hula...that house is going to be right there in the piko.It's going to change all of the practices of that whole mountain both because of the size,the message of affluence,and what matters and what the place is about."-Mehana93 •The less high it is tbe less the light will impact star viewing.Especially because this navigation training mostly takes place at wowoni and moving house down moves it in the opposite direction.So light will be blocked by hill and have less impact. •The proposed property conflicts with the lesson of that mo'olelo.The mo olelo perpetuates the lesson that Pele couldn't build her hale at Nihoku,and then the proposed development conflicts this by showing that despite the goddess Pele not building her house here,two people can. •"It's the last place...The ability to see these different vantage points in relationship to each other and NUioku is kmd of the last place for our community."-Mehana •It should also be acknowledged that kupuna often put graveyards high because they are places of sacredness.Constructmg development next to graveyard prevents families from comfortably going there. •Revitilization of practices are happening m the area and the proposed house will preclude that process.For one,privitization is an issue.Privitization forces practices to be offset on the side,and not allowing one to get the full breadth.On the site is where practices should be happening,but it is privitized. Mauliola Cook She had a life partner of 15 years and they considered each other as husband and wife (In many states this is considered a common law marriage").Her partner was a descendant of Hawaiians who inhabited the islands prior to 1778,probably from the KIlauea in the mid-1880s.Mauliola came to Kaua'i in 1986 aud lived m Kalihiwai for 20 years.Since arriving in the islands in 1978 shedancedhula.10 Regarding the significance of Nihoku and the area,she stated: •Hula groups from various islands would mclude visits to KIlauea Point in their itinerary of places to visit and honor when coming to Kaua'i. •As others have pointed out to you all and the land owners Nihoku is a very special place due to its historical and cultural significance.One of the most important mo'olelo (stories)associated with Nihoku is from the Pele tradition.Pele is a very real and recognized force in our lives here in the islands.For many Pele is in the realm of that which is sacred.Hundreds of cultural practitioners from across the pae''aina (archipelago)dedicate much of their time to leam the mo'olelo,chants and dances that help to perpetuate the cultural knowledge of the Pele tradition and pass it down to the 93 Id.94 EmaU from Mehana Vaughn (Nov.15,2021)(Included m Exhibit C).''''Interview with Mehana Vaughn and Na Kia'i o Nihoku (Oct.19,2021)(lacluded in Exhibit C).96 Id.97 Id.»8M. '"Email from Mauliola Cook (Nov.15,2021)(Included in Exhibit D).100 Literview with Healani Youn and Mauliola Cook (Oct.27,2021)(Included in Exhibit C).•°'Id. next generation.In order to carry out theii practices they need access to the sites identified with Pele.The presence of such a huge structure as this proposed home would be a significant obstacle for practitioners to be able to make the spiritual and physical connection to place that is an integral part of everythmg we do. •"Anything to do with Pele is veiy much part of our hula...It [hula performance]is the first thing you guys want when you have a lu'au...You want to see it.We love to do that, but our best audience is nobody.Our best audience is out in the middle of nowhere where we dance for the spirits and for the land.That's the one that we love...There is nowhere else do you have that Pele story,but right there in Kilauea.Malama that,take care of that because it's a heritage that only we have."-Mauli 3 Regarding the existence of trails m the area,she stated: •The trails I am aware of were used for traditional gathering and fishing.Trails gave people access to harvest kalo and lu'au leaf.They would also harvest opihi,pipi'i,papa'i of all kinds and fish.Limu would also be harvested. •While trails often had a practical purpose enough cannot be said about the opportunity they also provided to enjoy views and to deepen people's pilina (relationship)to the'aina.The vast number ofmele (songs and chants)that have been composed since ancient times reveal to us the importance of wahi pana (places)to Hawaiian people.Places are described in loving detail,in beautiful metaphors that remind us how much the mountains,oceans,peninsulas,islands and plains meant to the people ofHawai'i.This is still tme today as is evidenced in the abundance of mele that continue to be composed in honor of our wahi pana kaulana a aloha 'ia (storied and beloved places). Ryan McCormack ...We are practitioners of the Hula Pele,the ritual dance form of the descendants of the Pele clan.The chants and dances of our Imeage record the ongoing relationship between people and the volcanic forces of this archipelago.It is through this work of carrying this tradition that I was first introduced to the landscape of Nihoku. ...Of the many place names that encompass Nihoku that do,indeed,affirm its status as a wahi pana there are multiple overt references to the Pele family (i.e.Kilauea,Na Kaikama), which underscore the importance of the region in the living myths of Pele and her family, and the practitioners tasked with keeping these rich,didactic narratives alive for generations to come.Nihoku itself provides the ideal location for a pa hula,or designated space for ceremonial dance and chant offerings,and haumana from our halau were privileged to share the hula as part of Makahiki ceremonies there in 2017. 102 Hearing on Class TV Zoning Permit N-2022-1,Vse Permit U-2022-1,and Special Management Area Use Pennit SMA(U)-2022-l,Oct.26,2021 CountyofKaua'iPlamiingCommissionMeetmg(wTittenstatementofMauliola Cook,Oct.24,2021).103 Interview with Healani Youn aad Mauliola Cook (Oct.27,2021)(Included in Exhibit C).104 Email from Mauliola Cook CNov.15,2021)(Included m Exhibit D).'»5 Id. As mo'olelo and mele confirm,Nihoku,and its surrounding wahi pana,have been areas of cultural and religious significance for centuries and continue to be so for Kanaka Maoli and practitioners of Hawai'i life ways.Any development that would restrict or interfere with the preservation of these lands,wildlife conservation efforts,and access to the area by cultural practitioners and lineal descendants of original inhabitants would be tantamount to an assault upon the culture and traditions of these lands,and would further erode the foundation of traditional knowledge so critical to understanding our collective human relationship to the landscape ofHawai'i...6 William Kinney,Jr. William Kumey Jr.is a descendant of native Hawaiians who inhabited the islands prior to 1778. Specifically,these descendants were from Kaua'i. Regarding the traditional and customary native Hawaiian practices that were engaged in the area, the project site,and region,she stated: •Traveling is a cultural practice.Gomg on a trek or huaka'i is a cultural practice. Hawaiians used alaloa,alanui,or alahele. *All islands had trails that circled the entire or most of the island depending on accessibility.These old roads existed prior to US occupation and these alahele were later built on.Plautation roads were most likely built on these ancient roads or trails. •Regarding access from other ahupua'a -to contextualize thmgs,we know they went there.Go to the mauna for important things -and to its highest point.Practitioners come from all islands.Like hula.Come specifically (to join fellow practitioners)but for the •Nihoku is an important area in practicing kilo,and practicing kilo relies on au undeveloped Nihoku.Practice of kilo consists of looking at the mauna and using that as a landmark.As a resident of KIlauea,Billy also uses Nihoku as a landmark,a place to practice kilo,and a place where he concentrates all his personal energy to leam the things he needs to be a better planner.Billy described that practicing kilo trains one to be an observer,a navigator,to explore the idea of kahuna-all of which is what planning is to him.Billy uses Nihoku to strengthen his skills in being a better observer and study landscapes.Strengthening these skills is a form of revitilization.Ka'ui also agrees that kilo lani (astronomy)also happens on that property. *Kilo has many disciplines: o For the kahuna and ali i,for example,as in an ancient planner,they looked at the stars and see where to build. o There is kilo to view weather phenomenon. o Kilo for timekeeping and to create calendars. m Hearing on Class IV Zoning Permit IV-2022-1,Use Pemiit U-2022-1,and Special Management Area Use Pemiit SMA(U)-2022-1,Oct.26,2021 County of Kaua'i Planning Commission Meeting (written statement of Ryan McCormack,Oct.25,2021).107 Interview with William Kinney,Jr.(Nov.16,2021)(Included m Exhibit C).1B8M. m]d. 110 Interview with William Kinney,Jr.and Na Kia'i o Nihoku (Oct.19,2021)(Included in Exhibit C). o Nihoku would be important for ALL because of the height of place,which would make it an important place from within the ahupua'a to provide the best view plane. o Celestial navigation is more wayfinding and studying stars.Use kilo to study stars to eventually use stars for navigation on water etc. •To further explam the "sweet spot"for the practice of kilo,he explained that there are two contexts: o On land where stand,there are many sweet spots.To see the southem hemisphere,the suebject property is key.A sweet spot is finding the best spot-on an elevated plane to have the clearest view of the sky and see the most you can see in the sky in its entirety.For example,you can see multiple horizons.There are multiple on Nihoku. o Also,another sweets spot is 20 degrees above horizon in kilo practice.This is a place m the sky from horizon and 20 degrees up.The light refraction and stars shine differently in that area.Higher -the stars appear dimmer but at 20 degrees stars look bigger.Viewing 20 degrees is important.When put light obstacles higher up on the mountain,it creates more light pollution within 20 degrees and hinders view of the sweet spot. o Don't want to deprive anyone else from kiloing at that spot. •"In a context of Hawaiian observation,the entire mountain itself could probably be fit into 20 degrees from horizon and up.Depending on where you are in KTlauea,changing that visual of the mountain or adding light pollution tot he mountain really skews this 20 degree area around me...That 20 degrees is the most important place you can kilo because it is called the ke'e.It is a place where the light bends because of the shape of the earth.That's like the sweet spot for observing stars,observing celestial objects as they nse and fall...Changing the shape of the mountain,changing the light that is there, changmg the characteristics of the mountain for me,personally,really impedes revitalization."-Billy •Regarding where is the "piko"and its wehewehe,this is the important parts of the mountain,usually its precipice.Where can stand.Where clouds gather on the mountain. Nihoku is a crater,which would be its important feature of the mountain.An important spot may be the viewing platform.But for kilo,it is where the subject property residence is -it may be where observations will be made. Regarding the existence of trails in the area,he stated: •Regarding Nihoku,trails were also used for other ahupua'a practitioners like fishennen for access.Kama aina testimony shows that fisherman would climb over Nihoku to get to Makapili.Still he knows of uncles that get that into the crater into Maakpili OR go right to Mokolea.There are fishmg trails in this ahupua'a.This alaloa or alahele is significant. 111 Interview with William Kinney,Jr.(Nov.16,2021)(Included in Exhibit C).U2M. "3M. 114 M.115 Id. •There is mo'olelo -from what U'i found -that ali'i went to top of Nihoku at the precipice to look down.So,there were trails going to top of Nihoku.6 •The alaloa goes through coastal parts of the island to the adjoining ahupua'a.It probably went toward the precipice and through KTlauea ahupua'a that passes by or thiough or around Nihokii,and inland and seaward over Nihoku and goes down. Regarding the impact on traditional and customary practices caused by the proposed development,he stated: •Billy explains that depending on where you are in KTlauea,changing the visual of the mauna or adding light pollution to the mauna skews the 20 degree area that the mountain could be fit into.Kapua adds in,explaining that having a house and lights limits one's ability to see the stars and track the moonrise and moonset relative to Nihoku.Billy emphasizes that changing the shape of the mountain and changing the light personally impedes on the ability to practice kilo fhere and therefore also impedes on revitilization. •"Just the basic presence and the building of a house and stmcture on the mountam changes the characteristics of the mountain,the personality of the momitain.And what that does is that it impedes the ability for us as kia'i to even spark revitalization.Notjust for ourselves,but for other folks.This mcludes the wider community."-Billy "'M. '"M. 118 Id.