2021-05-20 Leeward Planning Commission Minutes

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ADMINISTRATIVE MATTERS 1. CZM/SMA presentation by the State Office of Planning and Planning Department staff. At 2:19 p.m. Coastal Zone Management Program Manager Justine Nihipali and Planner Shichao Li of the State of Hawaii Office of Planning provided a presentation regarding the Hawaii Coastal Zone Management and Special Management Area("SMA") Permitting. [SEE COPY OF POWERPOINT EXHIBIT GJ Upon inquiry by Commissioner Carr Smith, Mr. Li clarified that the trigger for an SMA Major permit is not only the $500,000 construction cost threshold but also a significant impact. He said that impact is in fact more important; however, the $500,000 threshold provides an automatic trigger where there is no question of discretion. Commissioner Carr Smith also asked how impact is differentiated between a beach area and a rocky cliff. Mr. Li responded that the impact on rocky cliff area has to do more with the landslide and coastal hazard issue, whereas the beach area deals more with the erosion issue. He further said that according to the definition of shoreline by the Department of Land and Natural Resources, the top of the cliff can be regarded as shoreline, which triggers SMA requirements and shoreline setback requirements for the parcel. In response to Commissioner DeFranco's questions regarding sea walls, Mr. Li said that sea walls and any shoreline hardening structures are prohibited in the beach areas, except that if there is specific interest of the public in building a sea wall, it can be permitted. Chairman Vitousek asked if sand dunes that would not be created by coastal processes are included in the beach definition. Mr. Li responded that both the submerged or nearshore area and the upland area like sand dunes are considered beach. Chairman Vitousek further asked if sand deposits buried under outside sediments that were brought in by land alteration or land reclamation, could also fall under the definition of beach. Mr. Li answered in the affirmative and said that if it is historically a beach area that can be found by a geological survey or another way, it can be defined as beach. Chairman Vitousek also asked if there is a size limit on what constitutes beach. He noted that in Kona there are very small pockets of sand surrounded by lava, which is the local form of a beach. Mr. Li said in response that there is no size definition under Hawaii Revised Statutes Chapter 205A on beach, and that that would more likely be determined case by case. Planner Alex Roy of County of Hawaii Planning Department provided a presentation on the SMA Review Criteria and the Regulatory Process, relating especially to Hawaii County. [SEE COPY OF POWERPOINT EXHIBIT HJ Commissioner Newberg left the meeting at 2:58 p.m. Chairman Vitousek asked when the amount of$500,000 constituting development was established. Mr. Li responded that it was by Act 153 in 2011, which changed the amount from $125,000 to $500,000. Mr. Roy noted that if it is found during the building permit process that 7 Leeward Planning Commission May 20,2021,Meeting Minutes