HomeMy WebLinkAboutPD RECOMMENDATION REPORT (SMA-21-080)MR: RMagicSandsSMA: 06_07_2021
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION
SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (SMA 21-000080)
Upon careful review of the applicant's request against the guidelines for a Special Management
Area Use Permit, the Planning Director is recommending that this request to allow facility
upgrades and ADA improvements to the Magic Sands Beach Park be approved by the
Planning Commission. Since this recommendation is made without the benefit of public
testimony, the Director reserves the right to modify and/or alter this recommendation based upon
additional information presented at the public hearing. This approval recommendation is based
on the following findings:
The applicant, County of Hawaii Department of Parks and Recreation, is
requesting a Special Management Area Permit to allow facility improvements and
American with Disabilities Act (ADA) upgrades to the existing Magic Sands Beach Park,
which includes demolition of the existing comfort station, construction of a new ADA
compliant comfort station, construction of ADA compliant parking spaces, new showers,
new accessible picnic table and grill area, new accessible walkways and ramps
connecting the park to Alii Drive, utility improvements, waterline improvements,
pavement restriping and tree removal. The proposed improvements will occur on the
0.43 -acre Magic Sands Beach Park property as well as within the AIi`i Drive right-of-
way fronting the subject properties, all located within the Special Management Area.
In review of the SMA guidelines as listed under HRS 205A-26(1), the proposed
upgrades and improvements to the Magic Sands Beach Park will have terms and
conditions issued by the Planning Commission as part of this SMA approval to continue
to provide adequate access to coastal resources, to have reserved portions of the project
for public recreation, to have made provisions for waste treatment, to have developed
structures that cause minimum adverse effects to water resources, and to preserve scenic
and recreational amenities.
In review of the SMA guidelines as listed under HRS 205A -26(2)(A) the
proposed development will not have any significant adverse environmental or
ecological effect, except as such adverse effect is minimized to the extent practicable
and clearly outweighed by public health, safety, or compelling public interest.
The applicant has conducted an Environmental Assessment for the project, which
resulted in a Finding of No Significant Impact (FONSI). Thus, it has been determined
that the proposed Magic Sands Beach Park facility upgrades, and ADA improvements
will not have a significant adverse environmental or ecological effect upon the Special
Management Area.
It should be noted that under Planning Commission Rule 9-10 (H) (9), a proposed
use, activity or operation may constitute a substantial adverse impact if it affects an
environmentally sensitive areas, such as flood plain, tsunami zone, erosion -prone area,
geologically hazardous land, estuary, fresh water, or coastal water. Most of the park is
depicted within FEMA Flood Zone VE (coastal high hazard area) with a base flood
elevation of 13 feet. The majority of the project site is a sandy beach between two basalt
rock shelves which is strewn with rounded boulders deposited by large waves. The white
sand deposits accumulate during summer, only to be transported offshore during winter
storms — hence the name "Magic Sands" or "Disappearing Sands". The proposed action
has been designed to minimize construction in the VE Flood Zone while accomplishing
the key goal of providing accessible facilities. The footprint of the existing comfort
station is partially within the VE flood zone while the proposed comfort station will be
relocated outside of the flood zone (Flood Zone X) thus minimizing impacts from
flooding. It should be noted that the existing comfort station, showers, and lifeguard
station were designed to be resilient to occasional flooding, and structures on the property
have not suffered any significant damage from activity in the recent past, including the
tsunami of March 11, 2011.
The applicant has considered the risk of sea level rise (SLR) and determined that
given the long-time scenario and uncertainty associated with the risk, it is still prudent to
undertake this project. The public benefits outweigh a no action alternative which could
lead to losing critical functionality at a heavily used public recreational site. As such, the
proposed development will not create a substantial adverse effect on these
environmentally sensitive areas.
Although the County Department of Parks and Recreation (DPR) is steadily
improving the accessibility of its facilities through individual projects, they are scattered
around the island and would not tend to produce adverse cumulative impacts.
Furthermore, the proposed project is not related to other non-DPR activities in the region
in such a way as to produce adverse cumulative effects or involve a commitment of larger
actions. Because of the limited scale of development and planned mitigation, impacts to
any terrestrial biological, beach, ocean, and aquatic resources can be avoided through
adherence to Best Management Practices (BMPs).
The project site is an existing landscaped park in heavy use with an existing
comfort station requiring extensive maintenance and redesign that is required by a legal
settlement to become ADA -accessible. In review of the application for the proposed
upgrades and improvements to the existing Magic Sands Beach Park, the project use
would be consistent with SMA guidelines as it would benefit and not adversely affect
public access to a heavily used recreational resource, as well as improving access to
historic, scenic, and open space resources. The proposed project expands recreational use
for disabled users of the park; however, it will not restrict any shoreline uses such as
fishing. The proposed project will include upgrades to the outdoor shower to eliminate
run-off going into the ocean. Additional work will include moving the comfort station
mauka to minimize impacts from storm and high waves, thus protecting the nearshore
water quality of the beach park. The proposed improvements would not interfere with or
detract from the line of sight towards the sea from the State Highway nearest the coast.
Furthermore, the proposed project maintains the quality of the scenic and open space
resources by leaving the coastal area in an open, recreational supportive condition. As
this park has been in use for decades and has included some form of restroom facility
which was chemical toilets in the past), the proposed project would be compatible with
the visual environment in the area.
In review of the SMA guidelines as listed under HRS 205A -26(2)(B), the
proposed development is consistent with the objectives and policies as provided by
Chapter 205A, HRS, and Special Management Area guidelines contained in Rule
No. 9 of the Planning Commission Rules of Practice and Procedure.
The purpose of Chapter 205A, Hawaii Revised Statutes (HRS) and Special
Management Area Rules and Regulations of the County of Hawaii, is to preserve,
protect, and where possible, to restore the natural resources of the coastal zone areas.
Therefore, special controls on development within an area along the shoreline are
necessary to avoid permanent loss of valuable resources and the foreclosure of
management options. The objectives and policies of Chapter 205A, HRS include, but are
not limited to, the protection of coastal recreational resources, historic resources, scenic
and open space resources, coastal ecosystems, marine resources, beaches, and controlling
development in coastal hazard areas.
The proposed facility upgrades, and improvements are consistent with the
objectives and policies of the Coastal Zone Management Program (Chapter 205A,
Hawaii Revised Statutes) including:
Recreational Resources:
Objective: To provide coastal recreational opportunities accessible to
the public.
Policies: (B) Provide adequate, accessible, and diverse recreational
opportunities in the coastal zone management area by:
iii) Providing and managing adequate public access, consistent with the
conservation of natural resources, to and along the shorelines with recreational value.
iv) Providing an adequate supply of shoreline parks and other recreational
facilities suitable for public recreation.
The existing beach park has provided valuable public access to Magic Sands
Beach and the ocean. The proposed accessibility improvements would not in any manner
adversely affect any recreational resources, and the proposed project expands and
improves recreational uses for disabled users of the park. The proposed project would not
restrict any shoreline uses such as fishing, surfing, and other water -dependent activities.
Additionally, the proposed project would help DPR in its mission to provide adequate,
accessible, and diverse recreational opportunities for the public.
Historic Resources:
Objective: To protect, preserve, and, where desirable, restore those
natural and manmade historic resources in the coastal zone
management area that are significant in Hawaiian and
American history and cultural.
Policies: (A) Identify and analyze significant archaeological resources.
The proposed project has involved the appropriate surveys and research by
professional archeologists to determine the presence and significance of historic sites in
this area. The proposed upgrades and facility improvements and reconstruction of a
comfort station will allow Magic Sands Beach Park to continue to be used as a gathering
place for residents and visitors and will help ensure the safety of visitors to the park.
Magic Sands Beach Park, since its inception in the 1970's, has historically been utilized
as a popular recreation area along the Kona coastline. Historic sites, located adjacent to
the project area, will not be impacted and work occurring nearby includes measures to
protect those sites from construction impacts. Thus, given the negative findings of the
archeological assessment survey (AAS), the determination of effect for the proposed
project is "no historic properties affected" which was confirmed by letter from SHPD.
Scenic and Open Space Resources:
Objective: Protect, preserve, and, where desirable, restore or improve
the quality of coastal scenic and open space resources.
Policy: (C) Preserve, maintain, and, where desirable, improve and
restore shoreline open space and scenic resources.
The proposed project would not adversely affect any sight lines or scenic resources in any
way. While Magic Sands Beach Park is not explicitly listed as an example of natural
beauty in the General Plan, the site is highly scenic. Along with the more extensive
shoreline frontage near Kamoa Point and Kahalu`u County Beach Park, Magic Sands is
one of the few locations along Alii Drive where development does not block ocean and
beach views. The proposed project will maintain the existing scenic views from Alii
Drive.
Coastal Ecosystems and Marine Resources:
Mitigative measures to minimize possible effects or impairments of valued
resources will be addressed and are included as part of the best management practices
BMPs) for the proposed project. The proposed project is designed to have a minimal
impact to natural resources associated with the shoreline and coastal waters.
Based upon the above information, the proposed development is consistent with
the objectives and policies of Chapter 205A, HRS.
In review of the SMA guidelines as listed under HRS 205A -26(2)(C), the
proposed development is consistent with the County General Plan, the Zoning Code
and the Kona Community Development Plan. The project site is zoned both "Open"
and Resort -Hotel (V-1.25), both of which support park use.
The proposed project conforms to the General Plan Land Use Pattern Allocation
Guide (LUPAG) Map, which designates this area as "open". This type of designation
includes areas for open space recreational uses and parks, such that the continued use of
the project site for a park is consistent with this LUPAG designation.
The applicant proposes to demolish the existing non -ADA compliant comfort
station and replace it with an accessible facility, construct a new concrete ADA -
compliant parking, new accessible showers, a new accessible picnic table and barbeque
grill, and new accessible walkways and ramps connecting the beach park to Ali'i Drive.
Also included in the project is related and necessary replacement (or improvements) to
drain sumps, sand interceptors, utility tie-ins and waterlines, and pavement reconstruction
and restriping. Of the several dozen trees on the project site, two (2) banyan trees will
also be removed. Based on the details and proposed actions. The proposed project will
complement the Historic Sites, Natural Beauty, Natural Resources and Shoreline,
Recreation and Economy goals and policies of the General Plan.
Lastly, the current Kona Community Development Plan (KCDP) was adopted by
the Hawai`i County Council by Ordinance No. 19 91 on September 18, 2019. The KCDP
planning area encompasses both judicial districts of North and South Kona. The KCDP
has policies relevant to promoting park uses and providing recreational opportunities for
residents and visitors. Additional strategies include improving public facilities that
enhance the sense of community and improve the quality of life for the residents of Kona.
Maintenance and upgrade actions in La'aloa area parks are specifically addressed
in a prescribed action of the KCDP, which the applicant believes is fulfilled by the
proposed project: Action PUB -7.2c: Provide for upgrading and maintenance to the
public facilities in critical need of attention. Develop a strategic management plan for
upgrading facilities at La'aloa Bay Beach Park (which includes La'aloa Bay Beach Park,
Kipapa Park, and Magic Sands Beach Park).
The proposed accessibility improvements are consistent with various
transportation -related elements of the KCDP, such as: Policy TRAN-3.1: Street
Standards. County street standards should be pedestrian friendly, safely accommodate
bicycles, accessible to the disabled, and appropriate for its surrounding land use context,
and Action PUB -3.4c: Continue to implement curb ramp program for streets and
sidewalks and parks and recreation program facilities.
Furthermore, the proposed project accomplishes the objective of improving
recreation for all while preserving environmental values and the visual quality and
character of the Kailua-Kona Urban Area, which is consistent with many aspects of the
KCDP. This includes the guiding principle of providing recreational opportunities for the
public and advocating for programs and projects that serve disabled residents and
visitors.
The proposed development will not have a significant adverse impact to
traditional and customary Hawaiian rights.
In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa 'akai 0
Ka 'Aina" decisions, the issue relative to native Hawaiian rights, such as gathering and
fishing rights, must be addressed. These rights must be addressed in terms of the cultural,
historical, and natural resources and the associated traditional and customary practices of
the site:
Investigation of valued resources: The applicant presented a Final Environmental
Assessment (FEA) along with this Special Management Area Use Permit application.
There have been numerous archaeological, cultural, and botanical surveys conducted in
this area in the past and in preparation for this proposed project. The FEA provided a
summary of these reports.
The valuable cultural historical and natural resources found in the permit area:
From the information presented in this study it is evident that sites within the immediate
project area vicinity, as well as those located in the greater La'aloa Beach Park, are part
of a cultural landscape that has and continues to be deeply valued by descendant
communities. Many of these individuals have been engaged in past issues relating to the
areas significant cultural resources and they continue to advocate for the culturally
appropriate treatment of these sites. As part of their right to exercise their traditional
customary practices, the consultation process revealed that several of the consulted
parties continue to utilize some of the sites for ceremonial purposes, most notably the
reconstructed KO`ula.
It is likely that the community will continue to access this Kf`ula to conduct
ceremonies and give offerings during and after the construction of the proposed project.
To ensure that this site and its associated cultural practices and ceremonies are not
impeded upon or disrupted by the proposed project, a clearly demarcated access route to
this site should be established during the construction process. Likewise, a reasonable
buffer should be created around the site and caution should be taken when working or
operating heavy equipment near the vicinity of the Ku`u1a. Implementation of these
measures will help to safeguard against disrupting the site and any associated customary
practices.
Possible adverse effect or impairment of valued resources: The Park development
will require some site grading and grubbing, and construction of various improvements
such as the new ADA comfort station and shower. Additional improvements include
ADA upgrades for improved access to the park facilities. Mitigative measures to
minimize possible effects or impairments of valued resources will be addressed and are
included as part of the BMPs for the proposed project. The proposed project is designed
to have a minimal impact to archaeological and historical resources located adjacent to
the project area, and other natural resources associated with the shoreline and coastal
waters. While it is not anticipated that the proposed project would have any direct
physical impacts to the identified cultural resources, from a cultural perspective and as
articulated by the consulted parties, keeping the comfort station in its existing location
has been and will still be considered culturally inappropriate.
Feasible actions to protect native Hawaiian rights: As voiced by most of the
consulted parties, relocating the comfort station from its existing location to a position
mauka of Alii Drive is considered to be the most culturally appropriate way of
mitigating the potential for adverse cultural impacts. While relocation of the comfort
station may not be feasible at this time, it is recommended that the County and its
planners continue to work with the descendant communities to identify processes that
will ultimately result in the relocation of the comfort station facility at La'aloa Beach
Park to a more culturally and environmentally suitable location. To ensure that the Kf`ula
site and its associated cultural practices and ceremonies are not impeded upon or
disrupted by the proposed project, a clearly demarcated access route to this site should be
established during the construction process.
Based on the above findings, it is determined that the proposed development will
not have any substantial adverse impacts on the surrounding area, nor will its approval be
contrary to the objectives and policies of Chapter 205A, HRS, relating to Coastal Zone
Management and Rule No. 9 of the Planning Commission relating to the Special
Management Area. Approval of this request is subject to the following conditions:
1. The applicant(s), its successor(s) or assign(s) (Applicant) shall be responsible for
complying with all stated conditions of approval.
2. The Applicant shall secure all necessary approvals and permits from other
affected federal, state, and county agencies as necessary to comply with all
applicable laws and regulations.
3. Construction of the proposed facility improvements shall be completed within
five (5) years from the effective date of this permit. Prior to commencing
construction, Final Plan Approval for the proposed development, as represented in
the plans submitted with the application, shall be secured from the Planning
Department. Plans shall identify existing and proposed structures, paved
driveway access, parking and public access associated with the proposed use.
4. The Applicant shall comply with Hawaii Revised Statutes, Section 205A-30.5
related to the use of artificial light on shoreline and ocean waters.
5. No nighttime construction shall occur during the seabird fledgling season, from
September 15 to December 15 each year.
6. The method of sewage disposal shall meet with the requirements of the
Department of Environmental Management.
7. The Applicant shall create a clearly demarcated public access route to Site 21220
Ku`ula) using appropriate signage which will remain in-place until construction
is completed.
8. The Applicant shall establish a reasonable buffer around Site 21220 (KITula)
using appropriate signage and other markers which will remain in place until
construction is completed.
9. The area makai of the 40 -foot shoreline setback line shall be kept clear of any
rubbish or debris resulting from construction activities at all times.
10. During construction, measures shall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance
with construction industry standards and practices utilized during construction
projects of the State of Hawaii.
11. All development -generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. All earthwork and grading shall conform
to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code.
12. The Applicant shall ensure that excessive siltation and turbidity in the ocean is
minimized through the use of silt containment devices or barriers.
13. The Applicant shall comply with Chapter 11-55, Water Pollution Control,
Hawaii Administrative Rules, Department of Health, which requires an NPDES
permit for certain construction activities.
14. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work, the Applicant shall
10-
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the State Historic Preservation Division at (808) 933-
7651. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
15. The Applicant shall comply with all applicable County, State and Federal laws,
rules, regulations, and requirements.
16. An extension of time for the performance of the conditions contained herein may
be granted by the Planning Director upon the following circumstances:
a) The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors, or assigns,
and that are not the result of their fault or negligence.
b) Granting of the time extension would not be contrary to the original
reasons for the granting of the permit; and
c) The time extension granted shall be for a period of not to exceed the
period originally granted for performance (i.e., a condition to be
performed within one year may be extended up to one additional year).
17. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director shall initiate procedures to revoke the permit.
11-