SUMMARY OF PROPOSED COMMITTEE DRAFT: RESOLUTION 21-203

GRANTING A SPECIAL MANAGEMENT AREA ("SMA") USE PERMIT FOR IMPROVEMENTS TO THE KAWAILOA TRANSFER STATION.

THE PROPOSED CD1 makes the following amendments: A. Amends the second WHEREAS clause to clarify the description of the Project. B. Amends the third WHEREAS clause to clarify the attendance at the DPP's public

hearing of July 26, 2021. C. Amends the fifth WHEREAS clause to add the relevant date and communication

number. D. Clarifies Condition C, relating to requiring the Applicant to obtain a determination

from the U.S. Army Corps of Engineers if a Department of the Army permit is required for the Project.

E. Amends the following proposed conditions to conform to the standard form of

such conditions for SMA Use Permit resolutions:

1. Condition C, relating to requiring the Applicant to stop work and notify the State Historic Preservation Division if any previously unidentified archaeological sites or remains are encountered during Project construction;

2. Condition E, relating to requirements to protect threatened, endangered,

or protected fauna known to frequent or transit throughout the Project site; and

3. Condition F, clarifying the statement as to the effect of the approval of this

SMA Use Permit upon other government approvals.

F. Makes miscellaneous technical and nonsubstantive amendments.

C ITY COUNCIL CITY AND COUNTY OF HONOLULU

HONOLULU, HAWAII

No. 21-203, CD1

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GRANTING A SPECIAL MANAGEMENT AREA (“SMA”) USE PERMIT FOR IMPROVEMENTS TO THE KAWAILOA TRANSFER STATION.

WHEREAS, on June 15, 2021, the Department of Planning and Permitting (“DPP”) accepted the application (DPP Reference Number 2021/SMA-27) from the City and County of Honolulu, Department of Environmental Services (“ENV)(the “Applicant”), for an SMA Use Permit to allow improvements to the Kawailoa Transfer Station on an approximately 27,878-square-foot site zoned AG-1 Restricted Agricultural District, located at 62-180 Kawailoa Drive, Waialua, Oahu, as depicted in Exhibits A-1 and A-2, and identified as a portion of Tax Map Key 6-1-005:018 (the “Project”); and

WHEREAS, the Project includes construction of a new office, new mechanical

and electrical closet, and development of an expanded tipping area with a new transfer trailer receiving bay, trench drains, leachate holding tank, paved parking, and staging and circulation areas; and

WHEREAS, on July 26, 2021, the DPP held a public hearing which was attended in person by DPP staff members and support staff of the Department of Information, and attended virtually online by a staff planner with the Applicant, the Applicant's agent, and two members of the public, and at which no members of the general public provided oral testimony; and

WHEREAS, on August 24, 2021, within 20 working days after the close of the

Public Hearing, the DPP, having duly considered all evidence and the SMA objectives, policies, and guidelines as established in Sections 25-3.1 and 25-3.2, Revised Ordinances of Honolulu 1990 (“ROH”), and Sections 205A-2 and 205A-26, Hawaii Revised Statutes (“HRS”), completed its report and transmitted its findings and recommendation of approval to the City Council; and

WHEREAS, the City Council, having received the findings and recommendation of the DPP on August 26, 2021, by Departmental Communication 607 (2021), and having duly considered all of the findings and reports on the matter, desires to approve the subject application for an SMA Use Permit with the conditions enumerated below; now, therefore,

BE IT RESOLVED by the City Council of the City and County of Honolulu that an SMA Use Permit be issued to the Applicant for the Project, subject to the following conditions:

PROPOSED

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A. Construction must be in general conformity with the Project as described in the DPP’s findings and recommendation referenced above, and as depicted in Exhibits A-1 through A-14, attached hereto and incorporated herein by this reference. Any change in the size or nature of the Project that has a significant effect on coastal resources addressed in ROH Chapter 25 or HRS Chapter 205A, or both, will require a new application and SMA Use Permit. Any change that does not have a significant effect on coastal resources will be considered a minor modification and is therefore permitted under this resolution, upon review and approval by the Director of the DPP.

B. This SMA Use Permit supersedes in its entirety SMA Use Permit No. 84/SMA-78,

approved by Resolution 85-91.

C. If, during construction, any previously unidentified archaeological sites or remains (such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, paving, or walls) are encountered, the Applicant shall stop work, protect the find from further disturbance, and contact the State Historic Preservation Division ("SHPD") immediately. Work in the immediate area must be stopped until the SHPD assesses the impact and makes further recommendations for mitigative activity.

D. Prior to the issuance of any building permit: 1. The Applicant shall submit Project plans to the United States Army Corps

of Engineers and obtain a written determination as to whether the Project requires a Department of Army ("DOA") Permit.

2. The Applicant shall submit a copy of the determination to the DPP. 3. If a DOA permit is required, the Applicant shall obtain the permit and

submit a copy to the DPP.

E. To minimize impacts to threatened, endangered, or protected fauna that may frequent or transit through the Project site, the Applicant shall be responsible for the following: 1. Artificial light from exterior light fixtures, including but not limited to

floodlights, uplights, or spotlights used for decorative or aesthetic purposes is prohibited if the light directly illuminates, or is directed to project across property boundaries toward, the shoreline and ocean waters, except as may otherwise be permitted pursuant to HRS Section 205A-71(b).

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2. Outdoor lighting fixtures must be fully shielded, with the light directed downward so that the light bulb is only visible from below the light fixture. Outdoor lighting must be turned off when human activity is not occurring in the illuminated area.

3. Nighttime work (work from sunset to sunrise) must be avoided during the

seabird fledging season from September 15 through December 15.

4. The State Division of Forestry and Wildlife ("DOFAW"), the DPP, and all private contractors must be notified of any observations of threatened, endangered, or protected fauna on the Project site during Project preparation and construction activities. If any threatened, endangered, or protected fauna are observed, the Applicant shall implement applicable mitigative measures.

5. To minimize impacts to the Hawaiian hoary bat's habitat, the Applicant

shall take special care when trimming or clearing woody plants greater than 15 feet in height, and woody plants greater than 15 feet in height must not be disturbed, removed, or trimmed during the Hawaiian hoary bat birthing and pup rearing season from June 1 through September 15. If this cannot be avoided, woody plants taller than 15 feet should not be disturbed, removed, or trimmed without prior consultation with the DOFAW.

6. The Applicant shall minimize the movement of plant or soil material

between worksites during Project construction. 7. During Project construction, the Applicant shall minimize the presence of

predators such as cats, rodents, and mongoose by removing cats, placing bait stations for rodents and mongoose, and providing covered trash receptacles.

F. Approval of this SMA Use Permit does not constitute compliance with the Land

Use Ordinance ("LUO") or other governmental requirements, including but not limited to building, grading, and grubbing permit approvals, and modification to existing solid waste management permits. They are subject to separate review and approval. The Applicant shall be responsible for ensuring that the final plans for the Project approved under this SMA Use Permit comply with all applicable LUO and other governmental provisions and requirements.

C ITY COUNCIL CITY AND COUNTY OF HONOLULU

HONOLULU, HAWAII

No. 21-203, CD1

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BE IT FINALLY RESOLVED that copies of this resolution be transmitted to Wesley T. Yokoyama, P.E., Director of the Department of Environmental Services, 1000 Uluohia Street, Suite 308, Kapolei, Hawaii 96707; Dean Uchida, Director of Planning and Permitting, 650 South King Street, 7th Floor, Honolulu, Hawaii 96813; and Mary Alice Evans, Director of the Office of Planning and Sustainable Development, Attention: Coastal Zone Management Branch, P. O. Box 2359, Honolulu, Hawaii 96804. INTRODUCED BY: Tommy Waters (br) DATE OF INTRODUCTION: September 7, 2021 Honolulu, Hawaii Councilmembers