HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SMA-2021-000002) RKumuHouSMA02-10/18/2021
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
WAIKOLOA LAND COMPANY
SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION NO.
PL-SMA-2021-000002
Upon careful review of the applicant's request against the guidelines for granting of a
Special Management Area Use Permit, the Planning Director recommends that the
applicant's request be approved. 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:
The applicant requests a Special Management Area Use Permit to allow the
development of 264 previously entitled multiple-family residential timeshare units and
related infrastructure improvements within approximately 38.6 acres of land. In the
current resort master plan, these timeshare units are planned in several sites and are fully
entitled within the RM zoning. In the Kumu Hou at Waikoloa project(Kumu Hou)
master plan, the 264 timeshare units would be consolidated on land identified as sub
areas JI and J2 of"Area A" of the proposed Kumu Hou at Waikoloa(Kumu Hou)
proj ect.
The conceptual plan for sub areas J1 and J2 of"Area A" is shown in Figure 9 of
the application and shows the timeshare units within 12 two-story buildings. The
timeshare units will be complemented with private recreational, open space, water and
landscape amenities similar to previous developments around the project area.
The overall Kumu Hou project consists of 1,164 multi-family residential
timeshare units, 25 single-family residential lots, new golf clubhouse and driving range,
community center(s), convenience commercial center, about 126 acres of open space
areas, about 3 acres of public parks and paths, and a brackish water well for irrigation.
Most of the land encompassing the proposed Kumu Hou project area is currently part of
the King's Golf Course (King's Course) situated mauka of the Kings Highway Foot Trail
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(King's Trail). According to the applicant, demand for golf at the King's Course has
significantly diminished over the last 20 years despite an overall increase in resort visitor
traffic. This trend and the extended closure of the resort/golf courses during the Covid-19
pandemic has caused long-term financial challenges for the resort and analyses indicate
that the resort's current and long-term future demands could be supported with 27 golf
holes at the resort(18 holes in the makai Beach Course and a reconfiguration of 9 Holes
in the King's Course). Based on the preceding, the applicant has developed a master plan
to develop the Kumu Hou project across three (3)non-contiguous areas totaling
approximately 189.2 acres of land. The development of the Kumu Hou project will be
facilitated by the several land use entitlements, including the amendment of SMA 25 to
remove the land areas covering the Kumu Hou project, three (3)new SMA Use Permits
and two (2) changes of zone.
Instead of amending SMA 25 to include the proposed uses, the applicant has
chosen to apply for the subject SMA Use permit to allow the development and operations
of uses in "Area A" of the Kumu Hou project area. According to the applicant, the new
SMA Use Permit would allow the development of the proposed new facilities and
amenities plus the ability to upgrade, repair, maintain, and operate existing or future
facilities in the Kumu Hou project area. Furthermore, the new SMA Use Permit will
support separate governance structures and conditions that will be relevant to differing
development plans and ownership anticipated for each of the three (3) areas to be
undertaken over an extended period of time.
The project will represent a long-term build-out with an estimated start date of
2025 and completed build out occuring around 2043 at over$1.2 billion dollars.
Approximately 1,450 jobs in development related and full-time equivalent and
operational-related jobs would be created upon project completion. Once complete, the
Kumu Hou project will generate an estimated 1,080 ongoing jobs. The applicant notes
that these timeframes are conceptual and for modeling purposes, and that actual
implementation of the master plan will be dependent on a myriad of factors (economic,
market, finance, community, environmental, and other factors)that will manifest over
time.
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The grounds for approving development within the Special Management Area are
based on HRS, Chapter 205A-26(2) (Special Management Area guidelines) and Rule 9-
11(e) of the Planning Commission Rules of Practice and Procedure. Planning
Commission Rule 9-11(e) states that the Authority (Planning Commission) may permit
the proposed development only upon finding that:
1. The development will not have any substantial adverse environmental or
ecological effect except as such adverse effect is minimized to the extent
practicable and is clearly outweighed by public health, safety or compelling
public interest;
2. The development is consistent with the objectives and policies and the Special
Management Area guidelines as provided by Chapter 205A, HRS;
3. The development is consistent with the General Plan, Community Plan, Zoning
Code and other applicable ordinances;
4. The development will, to the extent feasible,reasonably protect native Hawaiian
rights if they are found to exist, including specific factual findings regarding:
a. The identity and scope of valued cultural historical or natural resources in
the petition area, including the extent to which traditional and customary
native Hawaiian rights are exercised in the petition area;
b. The extent to which those resources including traditional and customary
native Hawaiian rights, will be affected or impaired by the proposed
action; and
c. The feasible action, if any,to be taken by the Authority to reasonably
protect any valued cultural,historical or natural resources including any
existing traditional and customary native Hawaiian rights.
In review of the SMA guidelines as listed under HRS 205A-26(2)(A),the
proposed development will not have any substantial 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. In
considering the significance of potential environmental effects, the Director shall
consider the sum of those effects that adversely affect the quality of the environment and
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shall evaluate the overall and cumulative effects of the action on the Special Management
Area. Such adverse effects shall include, but not be limited to, the potential cumulative
impact of individual developments, each one of which taken in itself might not have a
substantial adverse effect and eliminate planning options.
The proposed project did not meet the criteria in State law for the requirement to
complete an environmental assessment(EA) or environmental impact statement(EIS).
Potential project impacts, shown in Table 1 I of the Application, relate to
threatened and endangered species, cultural and historic resources, water and coastal
resources, noise, air, scenic and visual,traffic and other infrastructure impacts. In
reviewing this proposed request against the factors that may constitute a substantial
adverse effect, the Planning Director has determined that the proposed project will not
have a substantial adverse environmental or ecological effect to the SMA,provided the
mitigation measures shown in Table 11 are included as conditions of this SMA Permit
and concurrent Change of Zone approval and are implemented by the applicant. This
determination is based on the following:
In review of the SMA guidelines as listed under HRS 205A,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.
Coastal Recreational Resources: While the land covered by "Area A" of the
proposed Kumu Hou project area and subject to this request are situated within the SMA,
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they are not considered shoreline areas as the makai most points of"Area A" are located
approximately 5,400 feet from the nearest shoreline respectively. As such there are no
significant coastal recreational resources located directly within these areas.
Condition 6 of SMA 25 (under which these land areas are currently covered)
requires the applicant provide public access to `Anaeho`omalu Bay and elsewhere along
the shoreline, the King's Trail, anchialine pond preserve areas, and other public
recreational and cultural facilities in perpetuity. In support of this, the Director approved
a Public Access and Parking Plan dated January 20, 1998; to date the applicant has made
access improvements as required by the plan to the previously mentioned areas and
resources largely in the area makai section of the Kumu Hou project area.
The proposed Kumu Hou project is designed to enhance and link access between
the existing recreation areas,natural and cultural resources areas, open spaces, and public
access facilities. While much of the access points are proposed within"Area B", in
Figure 22 of the application,the applicant has proposed sub areas J1 and J2 of"Area A"
will link to sidewalks and other paths leading to the shoreline and other natural and
cultural resources within the entire Waikoloa Beach Resort.
Based on the preceding, the Director is recommending a condition of approval
requiring that the existing public access plan be amended to include the public access
facilities proposed in the Kumu Hou project area in order to create a comprehensive
public access plan for the entire Waikoloa Beach Resort.
Historic and Cultural Resources: Three (3) draft Archaeological Inventory
Surveys (AIS) were completed by Haun & Associates for the entire 182.9-acre Kumu
Hou project area(including "Areas B and C") in May 2021, August 2021 and October
2021 respectively. The most recent draft AIS identified a total of 14 sites with associated
features, including nine (9) sites previously identified and five (5)newly identified sites.
Of the 14, the draft AIS assesses three (3) sites as significant under Criterion"d"
(information content) and Criterion"e" (cultural value). While none of the sites identified
in the AIS were located within sub areas J1 and J2 of"Area A", the subject area does
border the Ala Loa(Forerunner)trail and the Planning Department received comments
from the State Na Ala Hele Trail & Access Program (Nd Ala Hele) and Ala Kahakai
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National Historic Trail Program (Ala Kahakai) for preservation measures for the portions
of"Area A" of the Kumu Hou project that border the Ala Loa (Forerunner)trail. Based
on consultation with the State Nd Ala Hele Trail & Access Program (Nd Ala Hele) and
Ala Kahakai National Historic Trail Program (Ala Kahakai) the applicant has agreed to
uphold further preservation agreements for a segment of the Ala Loa (Forerunner)trail,
located outside of and adjacent to sub-area J2 of"Area A" of the proposed Kumu Hou
project area. These agreements include removal of ironwood trees encroaching on the
trail and within its existing 10-foot buffer, the removal of ironwood duff that blows onto
the trail/buffer area, and the establishment of an additional 30-foot buffer and"vegetative
transition"between the trail and any buildings that are proposed for sub-area J2 of"Area
A."
The State Historic Preservation Division (SHPD) reviewed the August 2021 draft
AIS and asked the applicant to incorporate the comments Nd Ala Hele and Ala Kahakai
provided in a revised draft of the AIS,which they did. However, at the date of this
writing SHPD has not responded to a request for comment on the October 2021 draft
AIS. Based on the preceding, a condition of this approval will require the applicant to
prepare and secure the Planning Director's and SHPD's approval of an archaeological
preservation plan prior to commencing any land alteration activities. Furthermore, should
archaeological features be discovered during construction, a condition of this approval
will require the applicant to contact the State Department of Land and Natural Resources
and secure their clearance prior to continuing with any development activities.
A Native Hawaiian Traditional and Customary Practices Assessment report was
submitted with the application. This assessment was designed to identify valued cultural,
historical, or natural resources in the project area and the extent to which traditional and
customary native Hawaiian rights are practiced in the project area. The assessment also
determined the extent to which those resources would be affected or impaired by the
proposed project and any feasible actions to be taken to protect native Hawaiian rights if
they are found to exist. The study concluded that, 1) given the distance from the
shoreline, there would be no impacts to shoreline fishing and gathering; 2) there is a
disagreement on the cultural, historical, and archaeological significance of the trails in the
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project area; 3)there is concern over as yet unidentified historic properties, including
burials in the project area; 4)there is concern over the impact of the proposed project on
subterranean freshwater aquifers in the project area, should they exist; and 5)the view-
plane of the general area will be adversely affected by the new project. Finally, the report
made the following recommendations to address the concerns: 1) that the draft project
AIS be submitted to SHPD for review and evaluation; 2)that SHPD, Na Ala Hele and
Ala Kaha Kai be further consulted by Haun and Associates to reach an agreement on the
significance and mitigation of trails in the project area; and 3)that the project area be
assessd by persons with expertise in subterranean hydrogeology in order to address the
issues of a presence or absence of subterranean freshwater aquifers that some consider to
be valued cultural resources. These recommendations have been followed and the
outcomes are discussed within this recommendation report.
Scenic and Open Space Resources: Given the existing physical characteristics of
the area, the proposed development of Kumu Hou is not anticipated to significantly
impact coastal/ocean views from Queen Ka`ahumanu Highway or mauka-facing views
from `Anaeho`omalu Bay and the shoreline. Furthermore, due to the distance from the
shoreline, existing vegetation, and proposed height of new structures (a maximum of 45
feet for residential and 30 feet for community/commercial structures),views of
surrounding peaks and mountains are not expected to be significantly impacted.
To minimize visual impacts, the applicant is proposing to restrict the height of
structures, careful selection and placement of landscaping, and develop structures with
earth-toned and non-reflective materials. A condition of approval will require compliance
with the recommendations contained in the report. Additionally, conditions of approval
will require compliance with the LUC Decision and Order for the project, which
mandates an 800-foot no-building buffer from the highway and will require the
installation of underground utilities. As a whole, these conditions should mitigate any
project-related impact to visual resources.
Coastal Ecosystems, Marine Resources: Marine waters located off the Waikoloa
coastline in this area are classified as Class AA. The objective of the Class AA
designation is to ensure these waters remain in their natural pristine state as nearly as
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possible with an absolute minimum ofpollution or alteration of water quality from any
human-caused source or action. To that end a study was prepared by Marine Research
Consultants, Inc. in June 2021,to examine the potential impact on valuable coastal
ecosystems and resources. The study indicated that although Nitrates (NO3)were
observed in the ocean waters fronting the project area, surveys of marine communities
revealed a well-developed coral community. Similarly, the reef fish community off
Waikoloa was observed to be typical of other sites along the majority of the Kona coast.
This observation indicates that any nutrients that may occur in groundwater flux towards
the ocean are either rapidly mixed with ocean water or is confined to a low salinity "lens"
offshore. Continued monitoring of nearshore ocean water will ensure the current levels of
Nitrate is not exceeded, and as discussed below, will potentially decrease in the future.
Short-term impacts on the marine environment from construction projects in this
area could potentially result from airborne dust and increased silt that collects in
stormwater runoff directed towards the ocean. While impacts are possible it will be
mitigated by the distance of the proposed development from the ocean, as well as the use
of stormwater management techniques. These techniques include utilizing
drywells/seepage pits which would entrain any fugitive dust or silt before reaching the
ocean, directing excess stormwater into more permeable landscaped areas further
reducing runoff, and the use of construction erosion controls such as, filter socks, coir
fiber logs, and small retention basins.
Long-term impacts on the marine environment could potentially occur from the
use of fertilizer(nutrients) which can concentrate in groundwater flux towards the ocean.
To understand these effects the applicant submitted an Assessment of the Potential Impact
on Water Resources of the Kumu Hou Project which was completed in June 2021 by
Tom Nance. The study revealed that the current amount of nutrients discharging to
nearshore waters would be reduced with the development of the proposed project. It is
assumed that by reducing the area of active golf course greens coupled with an increased
use of R-I treated wastewater applied as irrigation will result in a reduction in the total
nutrient load entering the groundwater flux towards the ocean. Additional long-term
impacts include an increase of impervious surface from the transition from golf course to
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residential uses. An increase in stormwater runoff could cause soil erosion and elevate
potential impacts to groundwater from common residential pollution such as oil/gas from
vehicles, animal waste, and soap/cleaners that enter the groundwater system. The use of
drywells to address on-site drainage, not directing stormwater towards the ocean, and
compliance with the Chapter 27, Flood Control, Hawaii County Code, will mitigate the
potential impacts of increase stormwater inputs to the nearshore/ocean area. Additional
Best Management Practices (BMPs) such as site appropriate landscaping and efficient
sprinklers will also aim to mitigate impacts from the increase in stormwater. These will
be added as conditions of approval.
To address the potential impacts of the proposed development on water quality,
marine resources, and coastal ecosystems the applicant will implement BMPs as part of
the National Pollutant Discharge Elimination System (NPDES) permit process as well as
complying with Chapter 10, Erosion and Sedimentation Control, Hawaii County Code,
and State Department of Health (DOH) water pollution control regulations. Additionally,
a condition of approval of the concurrent Project District rezoning will require any uses
within the project area that create wastewater to connect to the Waikoloa Beach Resort
Wastewater Treatment Plant which will bolster the amount of R-1 treated wastewater
being applied for irrigation purposes.
In addition to the BMPS mentioned above, a condition of approval will require
the applicant to update the resort's Water Quality Monitoring Plan and program (as
required by the LUC D&O for the entire WBC) to ensure any project related impacts to
groundwater and ocean water are appropriately measured, monitored, and mitigated
meeting with the requirements of the State Department of Health.
Beach Protection: There are no beaches within the project area.
Coastal Hazards: Given the distance from the shoreline, the project area is not
located within a tsunami evacuation zone. Furthermore, the project area is located in
Flood Zone"X", an area determined by FEMA to be outside the 0.25% annual chance
floodplain. The development will be subject to the requirements of Chapter 27—Flood
Control, of the Hawai`i County Code in order to minimize the effects of coastal hazards.
In addition, all buildings will be constructed in conformance with Uniform Building
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Code specifications. Based on the preceding, the project area is not likely to be impacted
by coastal hazards. To protect against other, non-coastal hazards (e.g., lava flow,wildfire,
etc.), a condition of approval will be added to update the Resort's Emergency and
Disaster Preparedness Plan to include the Kumu Hou project area, and a condition of the
concurrent Project District rezoning will require the applicant to install a Civil Defense
Siren to cover the project area as required by the concurrency section of the zoning code.
Based upon the preceding information, the proposed development is consistent
with the objectives and policies of Chapter 205A, HRS.
The proposed development is consistent with the County General Plan, South
Kohala Community Development Plan (CDP),Zoning Code and other applicable
ordinances. The County of Hawai`i's General Plan Land Use Pattern Allocation Guide
(LUPAG) Map designation for this area is Resort Node (ren), which allows a mix of
visitor-related uses such as hotels, condominium-hotels (condominiums developed and/or
operated as hotels), single-family and multiple family residential units, golf courses and
other typical resort recreational facilities, resort commercial complexes and other
support services. The proposed development is consistent with the General Plan LUPAG
Map designation and will complement the goals, policies and standards of the Economic,
Environmental, and Land Use Elements of the General Plan.
Additionally,the project area is covered by the South Kohala Community
Development Plan (SKCDP), adopted by Ordinance No. 08 159. Several SKCDP goals,
policies, and actions reference resort areas, including directing the development of
timeshares to the district's three (3) major destination resorts. Other goals, policies and
actions include: protection of historical, natural, and cultural resources; requiring water
conservation measures for new, large scale development projects; ensuring the quality of
South Kohala's groundwater and marine resources (including the expansion of water
quality monitoring); providing support for water and wastewater facility upgrades;
promoting the prohibition of future injection wells in the SMA if wastewater is not
treated to an R-1 level of water quality; fostering the preservation of scenic views and
landscapes, and conducting all activities and uses with clear environmental stewardship
and sustainability methods. While many of the preceding are not explicitly directed at
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resort areas, they are built into the proposed development proposal for the Kumu Hou
proj ect.
The applicant has concurrently submitted a Change of Zone request from the
existing Multiple-Family Residential-8,000 square feet(RM-8), and Open zoning
districts to Multiple-Family Residential-6,000 square feet(RM-6) zoning district for
38.6-acres of land identified as Site J1 and J2 of"Area A."The Multiple-Family
Residential zoning district provides for: medium and high-density residential use. The
applicant intends to create 294 timeshare units and accessory development which are all
permitted uses in the requested Multiple-Family Residential zoning district. Therefore,
the proposed development is consistent with the General Plan and with County zoning
and will conform to the requirements of the zoning district relative to permissible uses,
maximum allowable height, minimum yard setbacks, minimum off-street parking, and
landscaping requirements.
The project site is located within an area adequately served with essential services
and utilities such as private water, sewer, and other utilities. Conditions of approval of the
concurrent change of zone request will require the applicant to connect to the private
utilities (e.g.,water,wastewater) and provide local and area mitigation for impacts to the
resort's private roadways and intersections. Based on the preceding,the proposed
development is consistent with the General Plan, SKCDP, and Zoning Code.
The development will to the extent feasible,reasonably protect native
Hawaiian rights if they are found to exist.
In view of the Hawaii State Supreme Court's "PASH" and"Ka Pa'akai O
Ka'Aina"decisions, the issue relative to native Hawaiian rights, such as gathering and
fishing 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: A Draft Archaeological Inventory Survey of
the subject property was completed by Haun &Associates in May 2021 and amended in
August 2021 and again in October 2021. A Native Hawaiian Traditional and Customary
Practices Assessment was prepared by Christopher Monahan, Ph.D. in June 2021. In
addition, a Biological Survey was conducted by Ron Terry, Ph.D. in May 2021 for the
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subject area. Finally, a Biological Survey report dated May 2021 by Geometrician
Associates, LLC that included results of field surveys conducted in May 2020 and
November 2020 for the entirety of the project area was submitted with the application.
The valuable cultural, historical, and natural resources found in the rezoning
The most recent draft AIS identified 14 sites with a total of 418 features, 13 complexes
with two (2) to 240 component features within"Area B" of the Kumu Hou project area.
No sites were found in"Area A".
The Native Hawaiian Traditional and Customary Practices Assessment found that
given the distance from the shoreline, there would be no impacts to shoreline fishing and
gathering. The assessment recommended the submission of an AIS to SHPD, further
consultation with agencies to agree on significance and mitigation, and an assessment of
the project by a hydrogeology expert to assess groundwater and aquifers in this region.
These recommendations were complied with during development of the subject
application.
The biological survey report found that there are no designated or proposed
critical habitats for endangered plant or animal species located within the project area.
Two (2) federally listed, threatened and endangered avian species (nene and ae`o)
and four(4) species of concern (auku`u, `akekeke, `ulili and kolea)were identified
within the project area and although not detected during the survey, it is possible that
small numbers of the endangered endemic Hawaiian Petrel,the endangered band romped
storm petrel, and the threatened Newell's shearwater birds fly over the area between
summer and fall. Finally, Hawaiian hoary bats are assumed to be present and have been
detected in kiawe forests of West Hawaii as well as the endangered Blackburn sphinx
moth which has also been found at various locations throughout West Hawaii.
Possible adverse effect or impairment of valued resources and feasible actions to
protect native Hawaiian rights: While the proposed project may have some effect on
valued resources in the area,the proposed conditions of approval of this permit should
minimize impacts and protect native Hawaiian rights.
Native vegetation may be destroyed by ground alteration and construction
activities, however,there is no evidence that the flora in the area is particularly desired or
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used for cultural practices. There are no identified springs, pu`u, native forest groves,
gathering resources, or other natural features present on or near the permit area that
would support any traditional resource uses. Any project related impacts on endangered
or threatened fauna will be addressed by conditions of approval recommended by the US
Fish and Wildlife Service and Department of Land and Natural Resources-Division of
Forestry and Wildlife.
As mentioned above, impacts on identified archaeological resources will be
addressed through the approval of a draft AIS and Archaeological Preservation Plan for
sites identified for preservation. As archaeological remains could inadvertently be
uncovered during development activities, a condition of approval will be added to
address and mitigate any inadvertent finds.
With implementation of the mentioned conditions of approval the proposed action
will not affect traditional Hawaiian rights.
Based on the above findings,the proposed development will not have substantial
adverse impacts on the environment, 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 of the stated conditions of approval.
2. The effective date of this SMA Use Permit shall be the effective date of the approved
ordinance generated by the concurrent change of zone request(PL-REZ-2021-000004).
3. The Applicant shall comply with all conditions of the approved ordinance generated by
the concurrent change of zone request(PL-REZ-2021-000004) and the State Land Use
Commission Decision and Order(Docket No. A89-637) or any amendments thereto.
4. The overall development shall conform substantially to the plans submitted and the
representations made by the Applicant and as described in the multi-permit application
dated June 21, 2021, any supplemental information, and any representations made to the
Leeward Planning Commission, except as further amended by subsequent ordinances and
permits.
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5. The Applicant shall update the approved public access plan to incorporate public access
facilities proposed in the Kumu Hou at Waikoloa Master Plan and submit it for review
and approval by the Planning Director prior to issuance of Final Plan Approval/Site Plan
Approval for any portion of the project. Upon approval of the updated public access plan,
the Applicant shall provide appropriate access as outlined in the updated and approved
public access plan or any amendments thereto. Such public access designations shall be
provided in perpetuity and held by recorded covenant running with the land.
6. All site plans submitted to the Planning Department for any future land use permits or
development on the subject parcel shall include the location of the public pedestrian
access and parking easements.
7. To mitigate visual impact concerns, development within the project area shall
substantially comply with recommendations of the Visual Impact Analysis submitted
with the application.
8. All utility lines shall be installed underground.
9. The Applicant shall comply with requirements of the approved overall landscaping plan
for the Waikoloa Beach Resort or any amendments thereto.
10. The Applicant shall update the approved Water Quality Monitoring Program (WQMP) to
include all uses proposed within the Kumu Hou at Waikoloa Master Plan and submit it
for review and approval by the Planning Director in consultation with the State
Department of Health prior to issuance of Final Plan Approval/Site Plan Approval for
any portion of the project. This updated WQMP shall include monitoring for nutrients,
fecal coliform and enterococci, and sediment analysis and shall implement measures
outlined in the applications designed to protect water quality of groundwater resources
and the near shore environment from excess nutrients reaching the ocean.
11. Approval of an archaeological inventory survey of the Kumu Hou project area and
approval of an archaeological preservation plan addressing the preservation of Sites
26871 and 26873 and portions of Site 31230 as well as maintenance agreements and
updated preservation treatments along a portion of the Ala Loa(Forerunner)trail in
proximity to"Area A" of the Kumu Hou at Waikoloa project, or as otherwise may be
required by an approved AIS, shall be secured from the Department of Land and Natural
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Resources - State Historic Preservation Division (DLNR-SHPD) prior to any ground
disturbance or issuance of Site Plan Approval/Final Plan Approval for any phase of the
development, whichever occurs first. Approved preservation buffer areas shall be
depicted on any site plans for Site Plan Approval, subdivision approval, or other land
alteration permits. Interim preservation measures shall be in place prior to the initiation of
any construction or land disturbance activity in the project area.
12. 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 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.
13. The Applicant shall update the most current, approved Emergency Preparedness and
Response Plan and submit it for approval by the Hawai`i County Civil Defense Agency
prior to issuance prior to the issuance of Final Plan Approval/Site Plan Approval for any
portion of the project.
14. To protect any Hawaiian hoary bats in the vicinity of the property,barbed wire fencing
shall not be used in the project area and woody vegetation over 15 feet in height shall not
be disturbed, trimmed, or removed during bat birthing and pup rearing season of June 1st
to September 15'h without first conducting surveys for bat nests and coordinating with US
Fish and Wildlife Service (USFWS) if nests are found. Surveys shall be conducted by a
qualified biologist.
15. To protect the endangered Blackburn's sphinx moth, the Applicant shall prevent
infestations of tree tobacco by removing plants under three (3) feet tall. Where removal
of taller tree tobacco is necessary, the Applicant shall provide a faunal survey of the area,
conducted by a qualified biologist for review and approval to the U.S. Fish and Wildlife
Service prior to cutting or removal of vegetation from the property.
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16. To protect any seabirds (Hawaiian petrels,Newell's sheaf-waters and band-rumped storm
petrel) in the vicinity of the property, any lighting shall be fully shielded so that the bulb
can only be seen from below bulb height. The lights shall be turned off when human
activity is not occurring in the lighted area.
17. To minimize potential project impacts to the threatened Hawaiian goose (nene) and the
endangered Hawaiian Stilt(ae`o) the Applicant shall implement applicable animal
avoidance and minimization measures recommended by the US Fish and Wildlife
Service-Pacific Islands Fish and Wildlife Office.
18. The use of pesticides and herbicides in conjunction with all phases of operation shall
conform with the applicable regulations of appropriate governmental agencies.
19. All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation
Control of the Hawaii County Code.
20. All development generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared by a professional civil
engineer licensed in the State of Hawaii and submitted to the Department of Public
Works prior to issuance of Final Plan Approval. Any recommended drainage
improvements, if required, shall be constructed meeting with the approval of the
Department of Public Works prior to receipt of a Certificate of Occupancy for any
portion of the development.
21. Should any drywells be installed, the applicant shall implement the best management
practices contained in the State Office of Planning and Sustainable Development's Low
Impact Development-A Practitioner's Guide, for storm water management to minimize
the impact of the proposed development on the existing area's hydrology while
maintaining on-site infiltration and preventing polluted runoff from storm events.
22. 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.
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23. A National Pollutant Discharge Elimination System (NPDES)permit and an
Underground Injection Control (UIC)permit, if required, shall be secured from the State
Department of Health before the commencement of construction activities.
24. The Applicant shall comply with all other applicable laws, rules,regulations, and
requirements, including those of the Department of Water Supply, the Department of
Public Works and the Department of Land and Natural Resources.
25. An annual progress report timed in conjunction with the combined annual progress
reporting currently submitted by Waikoloa Land Company, shall be submitted to the
Planning Director prior to the anniversary date of the effective date of this permit. The
report shall include, but not be limited to, the status of the development and to what
extent the conditions of approval are being complied with. This condition shall remain in
effect until all of the conditions of approval have been complied with and the Planning
Director acknowledges that further reports are not required.
26. Should any of the foregoing conditions not be met or substantially complied with in a
timely fashion, the Planning Director may initiate procedures to revoke the permit.
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