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HomeMy WebLinkAboutPD Recommendation Report Black Sand Beach (PL-SMA-2023-046) RNnaluuBSB SMA 02 2024 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION BLACK SAND BEACH LLC SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2023-000046) 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 this request to develop 225 residential and short stay units, village and wellness center, retail uses, rehabilitation and use of golf courses, and dedication of a portion of coastline as a conservation area on an approximately 147-acre portion of a larger 434-acre project site within the Special Management Area 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: The applicant requests a Special Management Area Use Permit to develop the project area, named Punalu'u Village, which is proposed as a residential and commercial development consisting of approximately 225 residential and short-stay units, a village and wellness center, rehabilitation of the existing golf course, tennis facilities, infrastructure, and the dedication of approximately 30 acres along the project sites coastline as a conservation/preservation area. 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 Hawaii 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 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 of an environmental assessment or environmental impact statement under Hawaii Revised Statutes (HRS) Ch. 343-5, however, the applicant chose to update both the Cultural Impact Assessment (CIA) and the Archaeological Impact Assessment (AIS) in order to ensure those resources were preserved and protected in light of this new proposed development project. The proposed project, Punalu'u Village, provides an opportunity to properly manage, repair, and enhance this area after years of neglect. This proposed -2- project does represent a significant impact on the area, and coastal resources, however, the project aims to improve the resources and mitigate impacts to this area. Facility management is necessary to ensure the continued protection of environmental, cultural, and historical resources. Staff notes that the most sensitive area, those that have not been heavily impacted by previous land use activities, is the coastal portion of the project area. The applicant intends to place a large portion of the coastal area into a preserve or other protection status to maintain those resources at the shoreline. The project is utilizing the designated zoning of the site, and as such will be in-line with the existing entitlements related to zoning and appropriate land uses, as well as re-constructing and repairing existing structures and infrastructure to minimize further impacts to the site and surrounding area. The proposed project, as designed, will not generate any adverse effects that cannot be mitigated with proper Best Management Practices (BMP), or are lands that are already impacted by previous land work including significant grading and grubbing. The applicant intends to implement appropriate mitigation in relation to viewplanes, pedestrian access, and community character to ensure the varied and large site is viable for both the existing community, and visitors to the area. Staff believes that the past poor management of the area has led to a decline of natural resources, and this project aims to repair some of the damage while setting up the project site and surrounding area into a more comprehensive management regime. 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 -3- and open space resources, coastal ecosystems, marine resources, beaches, and controlling development in coastal hazard areas. Coastal Recreational Resources: All proposed improvements will occur on State Land Use (SLU) Urban designated lands, and no improvements are proposed within the entire shoreline frontage of the project site that is within the SLU Conservation District. Portion of the shoreline frontage of the project site managed by the County as part of the Black Sand Beach Park complex of which facility and ground maintenance is conducted by the County Parks and Recreation Department. There are numerous coastal recreational resources that are currently enjoyed by community members and visitors to the area. The beach park allows for camping, fishing, hiking, and includes pavilions for gathering and other recreational uses. The black sand beach is heavily used by visitors and the community for fishing, and beach-type activities. Access to the shoreline is via the county beach park, and the black sand beach area. Lateral shoreline access (access along the shoreline) is open and accessible from many points along the shoreline of the project area. Staff visited the site and were able to traverse the entire shoreline from the most northern end of black sand beach south towards to the Beach Park and beyond. The proposed coastal reserve area will also provide additional cultural and recreational access and will preserve this area of the shoreline for the future. The proposed project will not interfere with the current level of shoreline access in this area, however, the increase in development will ultimately bring more visitors to the shoreline. In order to mitigate the increased foot traffic and visitors to the coastal area the applicant will work to improve the existing infrastructure to accommodate the increase in visitors, as well as providing consistent resource management which has been severely lacking over the past 2 decades. The applicant has already begun improving the parking area that provides access to the Black Sand Beach area, minimizing the current parking scheme which allows vehicles to park next to the pond and on the sandy beach. Based on the proposed development being outside the shoreline area, as well as the dedication of the coastal preservation site, and the improvements to existing infrastructure (i.e., parking), the Planning Department believes the impacts to coastal resources can be mitigated. Additionally, having one entity (landowner) that has the ability to holistically manage the entire project site where -4- no management has been occurring is an improvement. The applicant will also be required to address, via study, the proposed projects potential impacts on coastal, cultural, and water quality via the submission of a Water Quality and Marine Life Monitoring and Management plan, Pond management plan, Cultural Resources Management plan, and a Shoreline Management Plan all to be approved by the Planning Dept. prior to development to further enshrine the conservation of the areas resources. Based on our review, the proposed projects potential impacts to the coastline or other areas utilized for public recreational activities at the shoreline will be mitigated, and therefore will not impede or hinder the public's ability to access the shoreline. Historic and Cultural Resources: The extensive project area includes cultural remains, such as a heiau, burial sites and habitation sites, and natural resources such as ponds, black sand beach, viewplanes, and the rugged Kau coastline — all of which are considered significant cultural and historic resources. While there are numerous sites throughout the area, the project has been designed to not impact lands where known cultural sites or features have been identified by the cultural and archeological assessments conducted for this application. Staff notes that based on information provided, the majority of the new development will occur in areas previously disturbed by past land use activities including extensive grading which occurred in this area in the 1960s-1970's (prior to SMA law). The 2006 Cultural Impact Assessment (CIA) and the subsequent updated CIA in 2023 identified important cultural site and practices within the project site, which include: stone cultural remains (e.g., heiau, ahu, caves, mounds, enclosures), petroglyphs and trail segments, a fishpond, marine resources important to native Hawaiians, and the black sand beach. Additionally, since 1969 the project area has been extensively developed, which included significant grading and grubbing of the landscape to create the gold course. Several cultural resources were identified in archival literature, archaeological surveys, and interviews conducted for ethnographic study and included in the updated CIA. The sites identified include heiau and ko'a shrines, burial sites, a historic cemetery associated with a historic church, petroglyph areas, and other storied places. Other cultural resources for this community include gathering of plants such as coconut, kukui, noni, ti pants, hau, hala, various medicinal plants, lei flowers, and -5- seeds that are found throughout the project area. One of the most significant cultural resources of the Punalu'u area is the ocean, bays, coves, and coastal areas within the project area as well as beyond the project site boundaries. From the Volcano area to South Point, Punalu`u is the only viable/accessible beach for the residents from Pahala to Na`alehu and as such maintaining continued access to the beach, ocean, and coastal area is important to this region. As stated in the 2006 CIA, the entire Punalu`u area (Punalu`u, Ninole, Hama, Wailau and Hilea) still has an abundance of cultural resources in spite of prior plantation and resort activities simply because the people of this area continue to practice these cultural traditions. Despite the vegetation overgrowth and dilapidated former resort structures, the area continues to be utilized by locals and visitors alike. The proposed development will likely impact some cultural resources during and after construction, such as sub-surface structures, midden, artifacts, or unmarked reburials. This could be mitigated with a cultural monitor and archaeologist present for any subsurface activity as well as surface activity. Preservation and Burial Treatment plans are recommended to properly care for identified archaeological features recommended for preservation. In addition, the CIA Update recommended that mitigation should include a walk-through of kupuna/cultural practitioners, Kuleana landowners, the archaeologist, and the development planners to record all the burial areas that are not recorded in the archaeology report or SMA application. An advisory group made up of primarily kupuna knowledgeable of the area, Kuleana owners and other Punalu`u landowners, could be formed to advise planners of cultural protocol, sensitive areas, and cultural resources (burials, medicine, food and craft plants, and other cultural resources). Before any future construction is started an additional Burial Treatment Plan for inadvertent burials or re- burials is recommended that includes cultural protocols (i.e. re-wrapping `iwi kupuna, ceremony, etc.) as well as State and County regulations. Any construction ground activity will include the requirement to have a cultural and archeological monitor on-site during all ground disturbing activities. Scenic and Open Space Resources: The beauty of the project site is very well known, which is why residents refer to this area as the "piko" of Ka`u. All repair and -6- maintenance activities will generally be situated in the area mauka of the coastal section of Ninole Loop Road and Ninole Cove Place rights-of-way and away from the shoreline areas and the State Land Use Conservation area. No new structures are being proposed by this application within the proposed coastal preservation easement and managing the lands through removal of excessive overgrowth from the remainder of the project area should enhance the scenic beauty and open space character within the Project Site. The understory of overgrown non-native and invasive grasses and weeds is the target of cleanup; however, non-native vegetation is pervasive throughout the project site. Staff notes that the project is designed to fit in with the surrounding landscape and area and will be sited to minimize potential viewplane impacts from the ocean towards the mountains. Coastal Ecosystems, Marine Resources, Beaches: A primary portion of the proposed project involves the continued repair and maintenance of existing infrastructure systems (e.g., wastewater treatment system) that have been neglected for decades. Failure of these systems could have a significant adverse impact on the coastal ecosystem and as such the proposed project aims to minimize those impacts by upgrading and maintaining roads, water systems, wastewater systems, trails, and other necessary infrastructure such as electric. Land within the SLU Conservation District located along the shoreline will not be directly subjected to activities included in this proposed project. By not developing the Conservation District portion of the project site an in situ coastal buffer zone will be created, and when coupled with the existing County beach park, and preservation area will alleviate or mitigate any impacts to the coastal zone from this proposed project. Coastal Hazards: The majority of the proposed projects development are located within Flood Zone X which represents areas determined to be outside the 500 year flood plain; no new facilities are proposed along the coastal portions of the project site. The development will be subject to the requirements of Chapter 27 - Flood Control, of the Hawaii County Code in order to minimize the effects of coastal hazards. In addition, all buildings will be constructed in conformance with Uniform Building Code specifications. In the event of a tsunami or other major weather event, the evacuation of this site would be via Ninole Loop Road to Mamalahoa Highway -7- The proposed development is consistent with the County General Plan, Ka'u Community Development Plan (KCDP), Zoning Code, and other applicable ordinances. The General Plan Land Use Pattern Allocation Guide (LUPAG) for the County of Hawaii is a policy document expressing the broad goals and policies for the long-range development of the Island of Hawai'i. The General Plan (GP) was adopted by ordinance in 1989 and revised in 2005. The project site is designated as a Minor Resort Area by the General Plan, a designation that allows development that accommodates no more than 500 visitor units and should provide both active and passive recreational opportunities commensurate with the scale of development. As described previously, the project area has varied zoning designations, ranging from Low Density Urban (ldu), Medium Density Urban (mdu), Resort (res), and Open (ope) depending on location. All the proposed activities and proposed improvements presented in this application are aligned with its designation as a minor resort area and does not require any changes to amendments to current zoning designations. The significance of the project site is highlighted in the KCDP, which states: A large number of CDP objectives and strategies intersect at Punalu'u, which has a rich ecological, historical, and cultural legacy. The CDP outlines a community-driven, collaborative process for planning the future of Punalu'u. hi order to accomplish the community objectives detailed within the KCDP, policies and goals were created to provide a framework for the applicants support of a community-based planning approach to the proposed project. The following polices listed are most related to the proposed development: Policy 23 — Protect the shoreline from the encroachment of man-made improvements and structures. Policy 24— Maintain the shoreline for recreational, cultural, educational, and or scientific uses in a manner that preserves the resources of this area. Policy 54 — Protect scenic vistas and viewplanes from becoming obstructed, considering structural setbacks from major thoroughfares and highways to protect view planes. -s- Policy 62 — Protect, preserve, and effectively manage forests, watersheds, shoreline areas, natural areas, and rare or endangered species and their habitats. Policy 69 — Protect, restore, and enhance the sites, buildings, and objects of significant historical and cultural importance to Hawaii. Policy 70 — 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 in this area. Policy 79 — Ensure appropriate public access to the shoreline, public trails, hunting areas, scenic places and vistas, and significant historic sites, buildings, and objects of public interest. Additionally, ensure access for cultural practitioners. Policy 88 —Establish the Punalu`u-Ninole Springs region as a recreation area. The following policy controls from the KCDP are related to the development of the proposed project: Policy Control 1 — Rehabilitate and develop within existing zoned urban areas already served by basic infrastructure, or close to such area, instead of scattered development. Policy Control 5 — Rehabilitate and optimize the utilization of designated resort areas that are presently serviced by basic facilities and utilities, and before new resorts are allowed in undeveloped coastal areas. Policy Control 6 — The development of visitor accommodations and a resort development should complement the character of the area; protect the environment and natural beauty; respect existing lifestyles, cultural practices, and cultural resources; provide shoreline public access; and provide affordable housing to meet demand created by the development. The policies and policy controls listed above are utilized to set community actions according to the KCDP, which specifically calls out Community Action (No. 29) to develop and implement plans for Punalu'u. The applicant has integrated a number of policies related to the long-term planning of this area, and the project will serve to protect and preserve environmental, historic and cultural, and recreational activities, all while -9- providing a new revenue stream to the area to support on-going restoration efforts and the community. The project area is adequately served with essential services, such as water, electricity, and telephone. Wastewater will be directed to the existing privately owned WWTP, and stormwater will be managed on site via approved drainage and other supporting structures. Additionally, DEM-Solid Waste Division is requiring a Solid Waste Management Plan be submitted and approved by DEM prior to occupancy of the development. As such the proposed development is consistent with the County General Plan, Zoning Code, and Ka'u Community Development Plan. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. hi 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 Cultural Impact Assessment (CIA) was completed in 2006 to complement the 2006 Draft EIS for the SeaMountain at Punalu'u project. The report identified important cultural places and uses present within the project site such as stone cultural remains, petroglyphs and trail segments, a fishpond, marine resources, and the black sand beach itself. An update to the 2006 CIA was conducted in April 2023 which consisted of an archival review of the 2006 CIA, a review of the 2023 archaeology report, and an ethnographic survey (which included oral history interviews). A draft Archeological Inventory Survey (AIS) of the entire project area was conducted in 2005 as part of the 2006 Draft EIS. In preparation for this current project the applicant conducted an update to the 2005 draft AIS with an "Addendum Archeological Inventory Survey" for the Punalu'u black sand beach property which was conducted in March 2023. It was found that the proposed development and redevelopment activities will occur within previously disturbed portions of the project site and will avoid direct impacts to any of the previously identified historic properties. Staff notes that in July 2023, the Planning Department submitted the addendum to the AIS to the State Historic -10- Preservation Division (SHPD) for a Ch. 6E-42 historic preservation review, and confirmation of reservation and buffer plans. The submittal was done prior to the submittal of the SMA application under the director of SHPD. To date SHPD has not responded to our initial request, and no correspondence from SHPD regarding the status of the review has been submitted to the Planning Department. The Planning Department will require the applicant to confer with SHPD to assure the updated CIA and AIS are reviewed and approved prior to any proposed development related to this SMA application. The applicant has worked diligently towards establishing relationships with Kupuna, residents, and various community organizations to seek their collective guidance on how these lands can be property preserved as a historical, cultural, environmental, and economic resource for the future of this area. The applicant has committed to revitalize Punalu'u in a measured way by focusing on the community-based priorities that can be accomplished prior to engaging in the larger development such as the developing the farmers market, removing overgrown vegetation, and improving existing infrastructure. The valuable cultural, historical, and natural resources found in the area: The 2006 archaeological inventory survey (AIS) of the entire 434-acre project area was completed and it was determined that approximately 90% of the resort area had been mechanically cleared or altered by floods and tsunami. According to the applicant, by 2006 more than 100 cultural sites had been destroyed by development projects in the coastal portion of Punalu'u, Wailau, and Ninole Ahupua'a, and it appears that none of the mitigation recommendations presented in any of the earlier archaeological studies had been followed through on. The 2006 AIS identified a total of 34 extant historic properties within the overall resort property. Twenty-four (24) of the sites were previously identified and nine (9) were thought to be newly identified. The 2006 survey Tulchin et al. (2006) attempted to correlate the sites they identified during their survey with previously recorded sites, but they were hindered by the extent of land disturbance within the resort property and the brevity of the site descriptions presented in the prior reports, as well as the confusion that multiple site numbers were given for the same feature throughout the years. Ultimately, existing SIHP site designations were retained for fifteen -11- of the recorded sites (Sites 50-10-68-03512, -03513, -03515, -03519 to -03522, -03524, - 04309, -04310, -04330, -04360, -04368, -07361, and -07370), and new SIHP designations were assigned to nineteen of the sites (Sites 50-10-68-24897 through - 24916). The sites documented in the 2006 AIS were in various states of disrepair. It was determined that approximately 75% of the petroglyphs originally documented were reported destroyed, most likely being bulldozed during construction of the Punalu'u Beach Park access road and parking lot. Cultural land resources include plants, such as coconut, kukui, noni, tea plants, hau, hala, various medicine (undisclosed) plants, lei flower and seeds. One of the major cultural resources of the Punalu'u area is the ocean, bays, coves, and coastal areas as they provide for the continued cultural practices of fishing and gathering. Many of the cultural practices today continue to include marine and land resources. the entire Punalu'u area (Punalu'u, Nmole, Hama, Wailau and Hilea) still has an abundance of cultural resources in spite of prior plantation and resort activities simply because the people of this area continue to practice these cultural traditions. And despite the vegetation overgrowth and dilapidated former resort structures, the area continues to be utilized by locals and visitors alike. The proposed development will likely impact some cultural resources during and after construction, such as sub-surface structures, midden, artifacts or unmarked reburials. Possible adverse effects or impairment of valued resources: Given the limited scope of the proposed activities within the project site, the applicant is not able to identify any irreversible or irretrievable commitment of cultural, historical, recreational, or ecological resources as a result of the proposed improvements. As mentioned above, this application presents a proposal that protects valued coastal resources in the area by properly managing all facilities and resources. Decades of neglect have severely impacted this area and without proper management and preservation will lead towards the continued loss of valuable resources and opportunities. The applicant, along with its community stakeholders, will commit its resources towards the revitalization of Punalu'u in a manner that can be embraced by the community of Ka`u. Feasible actions to protect native Hawaiian rights: Preservation and Burial Treatment plans are recommended to properly care for identified archaeological features -12- recommended for preservation. In addition, the CIA Update recommended that mitigation should include a walk-through of kupuna/cultural practitioners, kuleana landowners, the archaeologist and the development planners to record all the burial areas that are not recorded in the archaeology report or Master Plan. An advisory group made up of primarily kupuna knowledgeable of the area, kuleana owners and other Punalu`u landowners, should be formed to advise planners of cultural protocol, sensitive areas, and cultural resources (burials, medicine, food and craft plants, and other cultural resources). Any construction ground activity should include a cultural monitor, as well as an archaeologist. Of the 34 historic sites identified in the draft 2005 survey, 3 sites were not located within the five (5) Development Sites and therefore not closely inspected. One site (SHPD# 50-10-68-04330), a historic animal pen/enclosure, was apparently destroyed in 2016 by land clearing activities. The remaining 30 historic sites were inspected with updated condition assessment, and all are recommended for preservation. A preservation plan will be prepared for 26 sites and a burial treatment plan will be prepared for the remaining 4 sites. Archaeological monitoring will be conducted during any ground disturbing activities within the five Development Sites. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable government requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the proposed Punalu'u Village development project and related improvements 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 -13- Management Area. Approval of this request is subject to the following conditions: 1. The applicant(s), its successor(s) or assign(s) shall be responsible for complying with all of the 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 and operation of the proposed Punalu'u Village, and coastal preservation area shall be conducted in a manner that is substantially representative of plans and details as contained within the Special Management Area Use Permit application dated December 18, 2023, and representations made to the Windward Planning Commission. 4. Construction of the proposed development shall be completed within ten (10) years from the effective date of this permit. Prior to construction, the applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structure(s), paved driveway access, and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. 5. All driveway connections to Ninole Loop Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. 6. All construction and maintenance activities on the subject parcel shall comply with Chapter 27, Floodplain Management, of the Hawaii County Code. 7. All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. 8. The applicant will submit to the Planning Department for review and approval the following updated plans: 1) Water Quality and Marine Life Monitoring Plan, 2) Pond Management Plan, 3) Cultural Resources Management Plan, and 4) Shoreline and Preservation Area Management Plan. These plans shall be submitted prior to any development activities described in this permit. -14- 9. The applicant shall incorporate any recommendations provided by the State Historic Preservation Division (SHPD) into the project design prior to development activities described in this permit. The applicant will ensure that any recommendations or requirements made by SHPD related to either cultural or archaeological sites will be implemented as directed, which may include, but not be limited to, cultural and archaeological monitoring during development of the project. 10. Artificial light from exterior lighting fixtures, including, but not necessarily limited to floodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be prohibited if the light directly illuminates, or is directed to project across property boundaries, or toward the shoreline and ocean waters, except as may otherwise be permitted pursuant to Section 205A-71(b), Hawaii Revised Statutes. 11. 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. 12. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. 13. 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 Hawai`i. 14. A National Pollutant Discharge Elimination System (NPDES)permit, if required, shall be secured from the State Department of Health before the commencement of construction activities. 15. The applicant shall submit for review and approval a Traffic Assessment (TA) as required by the State Department of Transportation prior to issuance of any constriction permits. The applicant shall construct any required improvements. -15- 16. The applicant shall include the location of all preserves, sites, preservation buffers or similar protection strategies on the site plan and all future maps submitted to the County in conjunction with any application reviews or approval requests. 17. 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, 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. 18. An annual progress report 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. 19. An initial extension of time for the performance of conditions within this permit 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 General Plan or Zoning Code. C. The granting of the time extension would not be contrary to the original reasons for the granting of this permit. D. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). E. If the applicant should require an additional extension of time, the Planning -16- Department shall submit the applicant's request to the Planning Commission for appropriate action. 20. 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. -17-