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HomeMy WebLinkAboutPD Background Report - Ikaika Ohana (PL-REZ-2025-000082)BIkaikaOhanaREZAmend.crk.6.30.25 COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT IKAIKA OHANA AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 21 17 (PL-REZ-2025-000082/AMEND REZ-2009-000103) IKAIKA OHANA has submitted an application for a five (5) year time extension to Condition D (complete construction) of Ordinance No. 21 17, successor ordinance to Ordinance No. 10 32, which reclassified 5.05 acres of land from a Single-Family Residential-7,500 square feet (RS-7.5) and Multiple-Family Residential-1,000 square feet (RM-1) to a Multiple-Family Residential-1,500 square feet (RM-1.5) zoned district. The subject property is located at 350 Kapiʻolani Street, approximately 395 feet south of its intersection with Kūkūau Street, Kūkūau 1st, South Hilo, Hawaiʻi, TMK: (3) 2-4-025:048. Applicant’s Request 1. Applicants’ Request: Ikaika Ohana, has requested a 5-year time extension to Condition D (complete construction) of Ordinance No. 21 17, which was approved by the County Council and effective on March 1, 2021. 2. Reason for the Request: Ikaika Ohana is a nonprofit 501(c)3 organization with a mission of developing and operating affordable housing, including projects on the mainland, O‘ahu, Maui, three (3) existing affordable rental projects in Hilo and one (1) in Waikoloa. Since the last amendment to the ordinance was approved in 2021, the applicant has been successful in complying with conditions of approval and obtaining the necessary permits and approvals to begin construction of the project. The request for a 5- year time extension to complete construction of the Kaiāulu O Kapiʻolani affordable housing project is, in part, due to delays caused by additional financing requirements from the State of Hawaiʻi. The project was expected to be completed by March 2026, however, the developer faced unforeseen challenges in securing necessary funding, including State and Federal Tax Credits and Federal Tax-Exempt Bonds Financing. The project applied for additional financing from Hawaiʻi Housing Finance and Development Corporation (HHFDC) this year for State and Federal Tax Credits in the amount of $40,721,726 and Federal Tax-Exempt Bonds Financing in the amount of $38,326,000. An award letter is expected by August 2025, which would allow the applicant to start -2- construction no later than January 2026, with an estimated completion timeline of 18-24 months. To ensure the project's successful completion and to accommodate potential delays, the developer is conservatively requesting an extension of the construction deadline to March 2031. 3. Proposed Project: Upon transfer of property ownership, Ikaika Ohana is proposing to develop Kaiaulu O Kapiolani, a 64-unit, 100% affordable rental housing development (63 units with income restrictions between 30% and 60% of area median income and one (1) unrestricted manager’s unit). The site plan for Final Plan Approval included twenty- eight (28), two (2)-bedroom units, twenty-nine (29), three (3)-bedroom units and seven (7), four (4)-bedroom units within nine (9), two (2)-story buildings. Also included are a community center building, play area, two (2) laundry facilities, two (2) community gardens, and 117 parking stalls including five (5) handicapped stalls. According to the requirements of the State’s HHFDC funding, the affordable housing units must maintain affordability metrics for a minimum of 65 years, but the applicant indicated that they intend to make the housing affordable in perpetuity. 4. Construction Timeftable and Cost: Construction of the proposed affordable housing project is anticipated to begin in the first quarter of 2026, take 18-24 months to complete and is estimated to cost approximately $79 Million. 5. Hawaiʻi Revised Statutes Chapter 343: The use of Federal and State funding for the proposed affordable housing project triggered the requirement for an Environmental Assessment (EA) under HRS Chapter 343. The Final EA/Finding of No Significant Impact (FONSI) was issued by the office of Housing and Ocmmunity Development (OHCD) on December 5, 2022. 6. Landowner: Giampaolo Boschetti under purchase and sale agreement with A0705 Hilo, L.P. 7. Supportive Information: The applicant has submitted the attached in support of the request. (P.D. Exhibit 1 – Change of Zone Amendment Request dated June 9, 2025, which includes the latest Annual Progress Report) PERMITTING HISTORY 8. May 10, 2010 – Effective Date of Ordinance No. 10 32, which reclassified 5.05 acres of land from a Single-Family Residential – 7,500 square feet (RS-7.5) and Multiple-Family -3- Residential – 1,000 square feet (RM-1) to a Multiple-Family Residential – 1,500 square feet (RM-1.5) zoned district. 9. January 28, 2015 – Effective Date of Final Subdivision Approval (CON-14-000267- Revised) consolidating the three (3) subject parcels and subdividing Lot 9-L-6-A (10-foot road widening strip as required by Condition D and Condition G of the subject change of zone ordinance. 10. April 20, 2015 – Date of letter from Planning Director granting a five (5)-year administrative time extension to May 10, 2020, to comply with Condition E (Time to Complete Construction) and Condition G (Time to Dedicate Road Widening Strip). 11. March 1, 2021 – Effective Date of Ordinance No. 21 17, which granted a 5-year time extension to March 1, 2026, to complete construction and other non-substantive amendments. 12. August 8, 2022: Publication date of Final Environmental Assessment and Finding of No Significant Impact for the Kaiāulu O Kapiʻolani affordable housing project. 13. August 24, 2022: Issuance date of Final Plan Approval for a 64-unit affordable rental project and related improvements. 14. June 3, 2025: Date Building Permits for the proposed development were issued. Note that permits were applied for in 2022 and 2023. STATE AND COUNTY PLANS 15. State Land Use Designation: Urban. 16. County Zoning: Multiple-Family Residential – 1,500 square feet (RM-1.5). 17. GP LUPAG Map: Medium Density Urban. 18. Hilo Community Development Plan (CDP): The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975, identifies the area as RS/RM/PUD. 19. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The site is located approximately ½ mile from the nearest shoreline and is not situated within the SMA. DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA 20. Subject Property: The subject property is 5.05 acres, irregularly shaped and abuts Kūkūau Street along its northern border and Kapi‘olani Street along its eastern boundary, -4- and parcel 48 has no roadway frontage. The property is currently vacant of any structures or improvements. 21. Surrounding Zoning/Land Uses: Surrounding properties in the general area are zoned RS-7.5, RD-3.75, and RM-1. Land uses within the vicinity include the Hawaiʻi Vision Specialists medical office directly adjacent to the east, the County Police Department Headquarters complex located immediately east of Kapi‘olani Street, St. Joseph’s School to the southeast and single-family and multiple family residences such as Hualālai Subdivision to the southwest and Sunset Villas Condominiums to the north. 22. FIRM: Zone “X”, an area of minimal flood hazard. Major depression ponding occurs east of the parcel along Kapi‘olani Street. As required by Condition I of the Ordinance, the applicant prepared a drainage study that was reviewed and approved by the Department of Public Works in 2021, prior to receipt of Final Plan Approval. 23. Floral/Faunal Resources: A Botanical Survey, Mohouli Drainage Area was conducted by Geometrician Associates, LLC and a Survey of Avian and Terrestrial Mammalian Species, Kūkūau Street to Kapi‘olani Road Mohouli Drainage Improvement Project was conducted by Rana Productions, Ltd in September 2006 for the County Department of Public Works’ project to acquire existing drainage way lands. The subject properties were included in these surveys. The current vegetation on the site, which consists of a dense forest of large alien trees, groundcover and alien vines, has been heavily modified by human use. According to these surveys, no listed, threatened, or endangered plant, mammalian or avian species were found on the properties. 24. Historical/Archaeological/Cultural Resources: An Archaeological Inventory Survey and Limited Cultural Assessment for the Proposed Acquisition of Drainageway Lands Project was conducted by Rechtman Consulting, LLC in August 2006 which included the subject properties. The survey identified a single archaeological site on parcel 48 identified as SHPD Site 25547 and determined the site is probably historic in origin and considered significant for the information it has yielded regarding early twentieth century use. The survey concluded that the site was recorded in detail and has virtually no excavation potential, thus requires no further work or preservation. Additionally, the survey concluded that the properties do not contain valued cultural or natural resources, and no traditional or customary native Hawaiian rights are being practiced on the site. -5- As only a portion of former Parcel 80 was covered under the AIS referenced above, the applicant commissioned an Archaeological Field Inspection (AFI) for the entirety of Parcel 80, which was completed by ASM Affiliates in September 2020. The archaeologists conducted a 100% coverage surface inspection of the parcel, where no historic properties were observed. Based on the preceding, the report concluded that the proposed change of zone amendments would have no effect on historic properties. A copy of the AFI was sent to the State Historic Preservation Division (SHPD) for review under HRS Chapter 6E. By letter dated December 5, 2022, SHPD determined that “no historic properties affected” for the current project. 25. Public Access: There is no record of designated public access to the shoreline or mountain areas that traverse the properties. 26. Traffic: The applicant submitted a second TIAR with the amendment request in 2020 that analyzed the impacts of the new, 64-unit affordable rental housing development on three (3) intersections: 1) Kupukupu Street/Kūkūau Street (project access at Kūkūau Street); 2) Kapi‘olani Street/Kūkūau Street; and Kapi‘olani Street/Hualālai Street. Based on 2019 counts, existing traffic volumes in the study area were generally light with the studied roadways servicing local traffic only. The study intersections operated satisfactorily during both peak hours of traffic with all movements operating at level of service (LOS) C or better. The TIAR determined that at full build out, the project is projected to generate a total of 32 net external trips during the AM peak hours of traffic, and 42 net external trips during the PM peak hours of traffic. Despite the added traffic, all movements will continue to operate like existing conditions at LOS C or better during the AM peak hour of traffic and LOS D or better during the PM peak hour. Both project access intersections are anticipated to operate with all movements at LOS B or better during both peak hours. Based on the preceding, there were no traffic mitigation conditions added to the ordinance. PUBLIC UTILITIES AND SERVICES 27. Access: Access to the subject property is from Kūkūau Street and Kapi‘olani Street. Kūkūau Street is a two-lane County roadway, classified as a collector, having a pavement width of 15 to 17 feet within an approximately 15 to 20 feet right-of-way width fronting parcel 80. Kapi‘olani Street is a two-lane County roadway, classified as a secondary -6- arterial, with an existing pavement width of 28 feet within a 40-foot right-of-way fronting parcel 53. The Kapi‘olani Street frontage is improved with a concrete curb, gutter and sidewalk; asphalt sidewalk berms exist along the Kūkūau Street property frontage. As required by Condition E of the ordinance, the applicant subdivided and dedicated a 10- foot-wide future road widening strip along the entire Kapi‘olani Street frontage of the property. 28. Water: County water is available to the property via an existing eight (8)-inch water line within Kapi‘olani Street and a six (6)-inch water line within Kūkūau Street, however, there are no existing services to the subject parcels. As required by Condition B of the ordinance, the applicant submitted anticipated maximum daily water usage calculations to the Department of Water Supply (DWS), securing 64 water commitments and are up to date on payment of annual water commitment fees. 29. Wastewater System: A County sewer line is located along Kūkūau Street fronting the subject parcel that the proposed project will connect to the County Sewer. Condition K of the ordinance requires the applicant to conduct a sewer study in accordance with applicable wastewater system design standards prior to approval to connect to the County sewer system and construct necessary improvements for such a connection. According to the applicant, civil plans and supporting wastewater generation calculations were reviewed and approved by the Department of Environmental Management (DEM) for the connection to the County Sewer system. The original approval of the civil plans by the DEM was dated May 3, 2022, and the plans were re-approved on August 9, 2023, when a grease trap was added to the Community Center Building. 30. Solid Waste: Solid waste will be disposed of at an authorized landfill by commercial haulers or individual homeowners. Pursuant to Condition L of the ordinance, the applicant submitted a Solid Waste Management Plan to the Department of Environmental Management (DEM) and received approval. 31. Essential Utilities and Services: Telephone services are available to the property. According to HELCO, off-site electrical distribution systems will need to be upgraded and on-site distribution systems will need to be installed by the applicant to provide electrical services for the project. Police services are located adjacent to the property, across Kapi‘olani Street. Fire services are located in downtown Hilo. Medical services -7- are available at Hilo Medical Center. AGENCIES’ AND ORGANIZATIONS’ COMMENTS 32. Since this request is solely for a time extension and the applicant has already secured building permits in accordance with all ordinance requirements, the Planning Department did not request or receive any agency comments regarding the amendment request PUBLIC COMMENTS 33. None as of the date of this writing. June 9, 2025 Jeff Darrow Planning Director, County of Hawaiʻi East Hawaiʻi Office 101 Pauahi Street, Suite 3 Hilo, Hawaiʻi 96720 Phone (808) 961-8742 Subject: Ordinance No. 21 17: Request for Time Extension and Amendment to Conditions (an amendment to Change of Zone Ordinance No. 10 32) Project: A0705 Hilo, L.P. (Kaiāulu O Kapiʻolani affordable housing) located at 350 Kapiʻolani Street, Hilo, HI 96720 (TMK 2-4-025:048) Applicant: Ikaika Ohana Dear Mr. Darrow, On behalf of the property owner/applicant, Mr. Giampaolo Boschetti, and the developer, Ikaika Ohana, please accept this letter requesting a time extension / amendment to Condition D identified in Rezoning Ordinance No. 21 17, effective March 9, 2021, for the subject project, to allow additional time for construction completion. Mr. Boschetti entered into a purchase and sale agreement for the property with A0705 Hilo LP, an affiliate of Ikaika Ohana, to develop 64 multi-family affordable rental housing apartments serving households earning between 30-60% area median income. The project will meet all the other conditions set forth in the rezoning ordinance, except for Condition D, which is the construction completion deadline. Initial approval was received March 2021, which means the construction would need to be completed by March of 2026. The project is requesting an extension to March 2031 to be conservative. Our current schedule has construction completion much earlier, by September 2027. The applicant is only requesting a time extension to complete construction of the project. There is no request for amendment to any other condition of approval under Rezoning Ordinance, as all other conditions have been followed and/or completed. The annual progress report to Planning provided supporting documentation as evidence that conditions were met, including approved and permitted construction plans. The affordable housing project plans have not changed whatsoever, and they conform to the County of Hawaii’s General Plan and Zoning Code. Granting this time extension allows for the successful completion of this project, one of the first new multifamily affordable developments in decades. The original granting of the change of zone allowed for this site to accommodate our affordable housing units. The delay, in-part, was due to the additional requirements of the State of Hawaii to finance affordable housing. The project applied for additional financing from Hawaii Housing Finance & Development Corporation (HHFDC) this year for State and Federal Tax Credits in the amount of $40,721,726 and Federal Tax-Exempt Bonds Financing in the amount of $38,326,000. An award letter is expected by August 2025, which would allow us to start construction no later than January 2026. This year, HHFDC gave substantial scoring preference to projects that have building permits, given substantial construction cost increases since 2021. This project now has approved building permits by the County of Hawaii. The investors and lenders, however, will not close the financing if the developer cannot complete the project by March 2026. We plan to close financing by November of 2025 and start construction no later than January of 2026. While our actual construction timeline is considerably shorter, estimated at 18-24 months, the investors and lenders may want to match the construction loan terms which will include the lease up and stabilization of the project and one 6-month extension. This will be our forthcoming request to planning and we hope to receive approval on an expedited timeline. The developer has continued to move the project forward with key milestones listed below: • Approved building and grading permits • Signed easements with neighbors in escrow • Signed updated purchase agreement • Approved subsidy layering with an update in process • Completed deregistration from land court • Completed lot consolidation and subdivision • Approved solid waste management plan • Signed affordable housing agreement • Updated environmental reports Supporting documents provided to Planning for conditions under the Rezoning Ordinance: • B. DWS receipt showing annual water commitment deposits • C. Approved reduced pressure backflow preventer plans • E1. Subdivision approval letter and plans • E2. Dedication deed for the 10-foot road widening strip dedicated to the County • E3. Affidavit and revised final plat map for the consolidation and subdivision • E4. ALTA survey prepared by licensed surveyor • H. Approved offsite drainage report • K. Approved solid waste management plan • L. SHPD letter for the project • M. Fair share exemption letter • N. Affordable housing agreement with the Office of Housing (OHCD) Thank you, Grant Bigley Vice President Ikaika Ohana gbigley@uhcllc.net 714-873-5687 cc: Douglas Bigley President Ikaika Ohana dbigley@uhcllc.net May 12, 2025 Jeff Darrow Planning Director, County of Hawaiʻi East Hawaiʻi Office 101 Pauahi Street, Suite 3 Hilo, Hawaiʻi 96720 Phone (808) 961-8742 Subject: Annual Progress Report for A0705 Hilo, L.P. (Kaiāulu O Kapiʻolani) located at 350 Kapiʻolani Street, Hilo, HI 96720 (TMK 2-4-025:048) Regarding the Amendment to Change of Zone Ordinance No. 10 32 (REZ 09- 000103). Ordinance No. 21 17 for Condition Q. Applicant is Ikaika Ohana, formerly Giampaolo Paul Boschetti (“the Partnership”). Dear Mr. Darrow, On behalf of the property owner/applicant, Mr. Giampaolo Boschetti, Ikaika Ohana is submitting this annual progress report for your review and consideration. The following is required under Condition Q, a report on the status of the conditions of approval for Ordinance No. 21 17, an amendment to Change of Zone Ordinance No. 10 32. The development is 64 units of affordable multifamily housing, including 2, 3, 4-bedroom / 2 bath for families earning between 30 and 60 percent of area median income in Hilo. The project will meet or exceed all the conditions set forth in the rezoning ordinance and Final Planning Approval, except for Condition D, the Completion of the Development in 5 years given that initial approval was received March 2021, which means the construction would need to be completed by March of 2026. The delay, in-part, was due to the additional requirements of the State of Hawaii to finance affordable housing. We have applied for financing for this project from Hawaii Housing Finance & Development Corporation (HHFDC) for State and Federal Tax Credits in the amount of $40721,726 and Federal Tax-Exempt Bonds Financing in the amount of $38,326,000. HHFDC is giving substantial scoring preference to projects that have their building permits. This project has its building permits approved by the County of Hawaii, ready for issuance and start of construction. The investors and lenders however will not close the financing if the developer cannot complete the project by March 2026. Our escrow expires at the end of this year. Therefore, we plan to close our financing by November of 2025 and commence construction no later than January of 2026. We will be seeking from planning an extension to complete the project of not less than 42 months. While the actual construction timeline is considerably shorter, estimated 18-24 months, the investors and lenders may want to match the construction loan terms which will include the lease up and stabilization of the project and one 6-month extension. This will be our forthcoming request to planning and we hope to receive approval on an expedited timeline so we can close before Thanksgiving. General update/milestones completed: • Approved building and grading permits • Signed easements with neighbors in escrow • Signed updated purchase agreement • Approved subsidy layering with an update in process • Completed deregistration from land court • Completed lot consolidation and subdivision • Approved solid waste management plan • Signed affordable housing agreement • Updated environmental reports Critical path items remaining: • Additional financing: The developer also submitted a new application for additional financing with Hawaii Housing Finance and Development Corporation (HHFDC). An award letter is expected by August this year. • Purchase agreement: Last year, the developer renegotiated its purchase agreement with the landowner, and it now allows for additional time for the financial closing. The deadline from the previous agreement lapsed. The parcel was briefly put back onto the market, then removed after a new agreement was signed. Condition A The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. Response: The applicant, successors, and assigns will comply with all stated conditions of approval. Condition B Prior to the issuance of a water commitment by the Department of Water Supply ("DWS"), the applicant shall submit the anticipated maximum daily water usage calculations [as recommended by a registered engineer, and a 'Nater commitment deposit in accordance vrith the "Water Commitment Guidelines Policy" to the Department of Water Supply within one hundred and eighty days from the effective date of this ordinance.] as prepared by a professional engineer licensed in the State of Hawai'i to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. Response: See attached Exhibit B for confirmation of the water commitment deposits. County of Hawaii Department of Water Supply provides a receipt after the annual payment. Condition C The applicant[s] shall install a reduced pressure type backfiow prevention assembly within flve (5) feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply prior to the issuance of a Certiflcate of Occupancy. Response: DWS approved reduced pressure backflow preventer plans shown on page C-02.9 after the water meter. Exhibit C provides a link to the building plans which have been reviewed, signed and approved by the County of Hawaii. Condition D Construction of the proposed development, shall be completed within flve (5) years from the effective date of this amended ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai'i County Code. Plans shall identify all existing and/or proposed structures, paved driveway accesses and parking stalls associated with the proposed development. The applicant shall develop parking spaces associated with the proposed development in accordance with the required parking spaces pursuant to Sections 25-4-51 and 25-4-52, Chapter 25 (Zoning Code), Hawai'i County Code. In addition, the applicant shall develop additional parking spaces up to a maximum of 60% of the required spaces for the total residential units to be built within the proposed development. Should the property be developed as an affordable rental housing project as represented by the applicant, this additional parking requirement shall be 1.5 parking spaces per multiple family residential unit developed. Landscaping shall also 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). The applicant shall comply with landscaping requirements for RM zoning. Response: Please refer to the summary letter above. Regarding construction completion, the project will be requesting an extension for Condition D only. We’re approaching the deadline, which is 5 years from the date of the ordinance, March 2021. Regarding the parking requirement, the project plans have been reviewed and approved by all departments. The parking requirements are on page T01.0 of the plans. The project exceeds 1.5 spaces per unit (117 spaces provided for 64 units). A link provided below to access the fully approved plans. Condition E The applicant shall subdivide and dedicate to the County a ten (10)-foot wide future road widening strip along the entire Kapi'olani Street frontage of Parcel 53, (prior to Final Subdivision Approval for the lot consolidation described in Condition D] within twelve (12) months from the effective date of this amended ordinance. Response: Attached as Exhibit E is confirmation of the subdivision for a ten-foot wide future road widening strip along Kapi’olani street, including a dedication deed and legal description prepared by a licensed surveyor for the County of Hawaii. The exhibit includes the approved ALTA survey with the updates. The link below includes also the approved civil/architectural. • Subdivision approval letter • Dedication deed for 10-ft road widening strip • Lot consolidation • ALTA survey Condition F Access at Kapi'olani Street shall be limited to right-tum in and right-turn out movements only. Response: This requirement has been incorporated into the plans. Page C-02.12 of the plans has the information for the "No Left Turn" and "Right Turn Only" signage. Please use the link provided below to access the fully approved plans. Condition G All driveway connections to Kukuau Street and Kapi'olani Street shall conform to Chapter 22, County Streets, of the Hawai'i County Code. Response: The Department of Public Works (DPW) reviewed and approved the civil plans. The approval signature is on Sheet C00.0 and is dated 11/10/2022. The civil pages also specify the exact codes and standards that have been designed and built to. Please use the link provided below to access the fully approved plans. Condition H 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 and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements, if required, shall be constructed, meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. Response: Exhibit 5 includes the drainage study prepared, submitted, and approved by the Department of Public Works. The study was used and incorporated into the civil plans which have been fully reviewed and approved by DPW. Please use the link provided below to access the fully approved plans. The approved civil plans start on page C00.0. DPW required improvements to the existing drainage easement on the site, and requested a new easement for the neighbor, which we facilitated. The easements are signed, and sitting in an escrow account awaiting the financial closing/transfer. • Drainage easement 253-254 updates existing drainage plans throughout the middle of our site • Drainage easement between County of Hawaii and our neighbor was required to add a drainage culvert and improve maintenance access Condition I All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai'i County Code. Response: All Earthwork activity, including grading and grubbing, has conformed to Chapter 10 of the HCC. The Department of Public Works (DPW) has reviewed and approved the grading plans. The approval signature from the County is on Sheet C00.0 and is dated 11/10/2022. It states the work conforms to Chapter 10. Please use the link provided below to access the fully approved plans. SHPD has also reviewed the project and determined that no further action is required. Condition J The project shall connect to the existing County sewer line prior to the issuance of a Certiflcate of Occupancy. [If.] As required by the Director of the Department of Environmental Management ("DEM"), the applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. The Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Response: Sewer study/improvements and sewer connections – Civil plans and supporting wastewater generation calculations were reviewed and approved by the DEM for the connection to the County Sewer system. The original approval of the civil plans by the DEM was dated 5/3/2022 and included in the link below. Unlike other County agencies, the DEM approval signature is on all civil sheets with sewer design elements, in this set that is a total of (9 civil sheets, (C00.0; C00.5; C00.6; C02.4; C02.5; C04.5; C04.6; C05.2; C05.3). However, the DEM required a re-approval of the plans when the grease trap was added to the Community Center Building. Therefore, the current DEM approval signature on all of the above-noted sheets is dated 8/9/2023. Condition K 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. Response: Our Solid Waste Management plan from Imata & Associates was reviewed and approved by DEM. A confirmation letter from the department is attached as Exhibit K. The approved plans which incorporate these changes are included in the link below. Condition L [Should any remains of historic sites, such as rock ""'ails, terraces, platforms, marine shell concentrations or human burials, be encountered, ·.vork in the immediate area shall cease and the Department of Land and Natural Resources State Historic Preservation Division (DLNR SHPD) shall be immediately notifled. Subsequent work shall proceed upon an archaeological clearance from DLNR SHPD ·when it flnds that sufficient mitigative measures have been taken.] In the unlikely 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 identifled during the demolition and/or construction work, cease work in the immediate vicinity of the flnd, protect the flnd 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 flnds that sufficient mitigation measures have been taken. Response: SHPD – SHPD has reviewed the project and determined that no further action is required, see Exhibit L attached. If during the course of construction any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, are encountered, work in the immediate area will cease and the DLNR-SHPD will be immediately notified. Subsequent work will proceed upon clearance from DLNR-SHPD. EA/106 consultation – Completed, please see attached. This site required an updated EA and 106 consultation for cultural excavation. The EA file could not be included due to file size, and can be found with this link: https://www.dropbox.com/s/2tuhgthub1tr3kh/Kaiaulu%20O%20Kapiolani%20EA% 20FINAL%202022.pdf?dl=0 Condition M Should the property be developed as an affordable rental housing project as represented by the applicant, no fair share contribution shall be required. Should the project not be developed as an affordable rental housing project as represented by the applicant, [+]!he applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, flre, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or Final Subdivision Approval. The fair share contribution for each lot or unit shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCP!). The fair share contribution shall have a combined value of$[7,098.11] 9,645.17 per multiple family residential unit ($[11,996.63] 15,030.92 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $[3,797.26) 4,757.69 per multiple family residential unit ($[5,784.99) 7,248.17 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $[120.01)150.37 per multiple family residential unit ($[279.07] 349.65 per single family residential unit) to the County to support police facilities ; 3. $[369.17) 462.54 per multiple family residential unit ($[551.20] 690.61 per single family residential unit) to the County to support fire facilities ; 4. $[164.54] 206.16 per multiple family residential unit ($(241.32) 302.36 per single family residential unit) to the County to support solid waste facilities; and 5. $[3,247.12] 4,068.41 per multiple family residential unit ($[5,140.06] 6,440.12 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, flre, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. This condition shall not apply to any housing units constructed within the subject properties to meet the affordable housing requirement in Chapter 11 (Housing), Section l l-4(b ), Hawai' i County Code, and so certifled by the County Office of Housing and Community Development, excluding any units constructed for excess housing credits. Response: The applicant submitted a letter to Planning and OHCD, as required, stating that we will be accepting the fair share exemption relating to Condition M of the zoning ordinance and not the excess housing credits for the project, which is part of the Affordable Housing Agreement. See attached as Exhibit M. The project subsequently received final plan approval. The fee was waived because this project is 100% affordable rental housing and will not be accepting the excess housing credits as required. Condition N To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai’i County Code relating to the Affordable Housing Policy. Compliance with Chapter 11 shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Plan Approval and/or Final Subdivision Approval. Response: The project has complied with Chapter 11 of the HCC relating to Affordable Housing Policy. The applicant finalized and signed an affordable housing agreement with the County of Hawaii (OHCD.) The fully executed affordable housing agreement is signed and sitting in an escrow account, pending the financial closing. Please see attached a copy as Exhibit N. Condition O Should the property be developed as an affordable rental housing project as represented by the applicant, the Unifled Impact Fees Ordinance, if adopted shall not be required. Should the Project not be developed as an affordable rental housing project as represented by the applicant and should the Council adopt a Unifled Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. Response: The applicant is still developing a 100% affordable rental housing project. There are existing financial commitments from investors, lenders, the County and State of Hawaii. The applicant understands that entitlement requirements change for non-affordable housing developers. Condition P The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. Response: The applicant will comply with all applicable County, State and Federal laws, rules, regulations and requirements. Condition Q An annual progress report· shall be submitted to the Planning Director prior to the anniversary date of enactment of [the] this amended ordinance. 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. Response: Please accept this enclosed letter and attachments as the annual progress report for the project. Condition R An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. 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. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. 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). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Response: The project is approaching the construction completion deadline required under Condition D, and it will be requesting an extension. All other conditions have been followed and completed. See attached Exhibits: • A. Copy of amendment to change of ordinance No. 10 32 • B. DWS receipt showing annual water commitment deposits • C. Approved reduced pressure backflow preventer plans • E1. Subdivision approval letter and plans • E2. Dedication deed for the 10-foot road widening strip dedicated to the County • E3. Affidavit and revised final plat map for the consolidation and subdivision • E4. ALTA survey prepared by licensed surveyor • H. Approved offsite drainage report • K. Approved solid waste management plan • L. SHPD letter for the project • M. Fair share exemption letter • N. Affordable housing agreement with the Office of Housing (OHCD) Please use the link below to access the approved construction plans referenced in the conditions above: https://drive.google.com/drive/folders/1- 3s6rtfuQsPJFnuxULh2C2xAxhYbzsuS?usp=sharing Thank you, Grant Bigley Vice President Ikaika Ohana gbigley@uhcllc.net 714-873-5687 cc: Douglas Bigley President Ikaika Ohana dbigley@uhcllc.net Exhibit A Copy of amendment to change of ordinance No. 10 32 Mitchell D. Roth Mayor Lee E. Lord Managing Director West Hawai'i Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawai'i 96740 Phone(808)323-4770 Fax (808) 327-3563 March 9, 2021 Mr. Jam es Rock UHCH4, LLC 2000 E. Fourth Street, Suite 205 Santa Ana, CA 92705 Dear Mr. Rock: County of Hawai'i PLANNING DEPARTMENT Zendo Kern Director Jeffrey W. Darrow Deputy Director East Hawai'i Office I 0 I Pauahi Street, Suite 3 Hilo, Hawai'i 96720 Phone (808) 961-8288 Fax (808) 961-8742 oorn©~Dwritm MAR 15 2021 By: ................ ,,,,,,, SUBJECT: Amendment to Change of Zone Ordinance No. 10 32 (REZ 09-000103) Applicant: Ikaika Ohana (formerly Giampaolo Paul Boschetti) Request: Amendment to Conditions E (Time to Complete Construction), Condition G (Time to Dedicate Road Widening Strip), Condition J (Requirement to Install Streetlights and Traffic Control Devices), Condition P (Fair Share Requirements), and Condition R (Impact Fees) Tax Map Key: 2-4-025:048, 053, and 080 For your information, we are attaching Ordinance No. 21 17, effective March 1, 2021, amending the County Zoning Code, an ordinance amending Ordinance No. 10 32 at Kukuau 1st, South Hilo, Hawai'i. Sincerely, ~h ZENDO KERN fY Planning Director LlkaikaOhanaREZ09-l 03ord Atts. cc/att: Douglas Bigley, Ikaika Ohana ../ Real Property Tax Office Department of Public Works Department of Water Supply Department of Environmental Management Office of Housing and Community Development Plan Approval Section Subdivision Section www.planning.hawaiicounty.gov Hawai' i County is an Equal Opportunity Provider and Employer -------------------- planning@hawaiicounty.gov COUNTY OF HAWAl'I STATE OF HAWAl'I ORDINANCE NO. 21 1. '? BILL NO. 6 AN ORDINANCE AMENDING ORDINANCE NO. 10 32 WHICH RECLASSIFIED LANDS BY CHANGING THE DISTRICT CLASSIFICATION FOR SINGLE-FAMILY RESIDENTIAL -1,000 SQUARE FEET (RS-7.5) AND MUL TIPLE-F AMIL Y RESIDENTIAL -1,000 SQUARE FEET (RM-1) TO MULTIPLE-FAMILY RESIDENTIAL-1,500 SQUARE FEET (RM-1.5) AT KOKOAU lsT, SOUTH HILO, HAWAI'I, COVERED BY TAX MAP KEY: 2-4-025:048, 053 AND 080. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'I: SECTION 1. Section 2 of Ordinance No. 10 32 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawai'i County Code 1983 [~ Edition)] (2016 Edition, as amended), the County Council finds the following conditions are: ( l) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. -1- B. Prior to the issuance of a water commitment by the Department of Water Supply ("DWS"), the applicant shall submit the anticipated maximum daily water usage calculations [as recommended by a registered engineer, and a 'Nater commitment deposit in accordance vrith the "Water Commitment Guidelines Policy" to the Department of Water Supply within one hundred and eighty days from the effective date of this ordinance.] as prepared by a professional engineer licensed in the State of Hawai'i to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that reguired water facilities charges are paid in full. C. The applicant[s] shall install a reduced pressure type backflow prevention assembly within five (5) feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply prior to the issuance of a Certificate of Occupancy. [D. The applicant shall secure Final Subdivision Approval to consolidate tax map key numbers 2 4 25:48, 2 4 25:53 and 2 4 25:80 Vl'ithin tv«o (2) years from the effective date of this ordinance.] Construction of the proposed development_,_ shall be completed within five (5) years from the effective date of this amended ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai'i County Code. Plans shall identify all existing and/or proposed structures, paved driveway accesses and parking stalls associated with the proposed development. The applicant shall develop parking spaces associated with the proposed development in accordance with the required parking spaces pursuant to Sections 25-4-51 and 25-4-52, Chapter 25 (Zoning Code), Hawai'i County Code. In addition, the applicant shall develop -2- additional parking spaces up to a maximum of 60% of the required spaces for the total residential units to be built within the proposed development. Should the property be developed as an affordable rental housing project as represented by the applicant, this additional parking requirement shall be 1.5 parking spaces per multiple family residential unit developed. Landscaping shall also 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). The applicant shall comply with landscaping requirements for RM zoning. [F. The applicant shall grant drainage easement(s) through the subject properties to the County of Hawai 'i. The easement(s) shall be granted and shall meet with the approval of the Department of Public Works.] [~] F. [h] G. [J~ [~] H. The applicant shall subdivide and dedicate to the County a ten ( 10)-foot wide future road widening strip along the entire Kapi'olani Street frontage of Parcel 53, (prior to Final Subdivision Approval for the lot consolidation described in Condition D] within twelve (12) months from the effective date of this amended ordinance. Access at Kapi'olani Street shall be limited to right-tum in and right-tum out movements only. All driveway connections to Kukuau Street and Kapi'olani Street shall conform to Chapter 22, County Streets, of the Hawai 'i County Code. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed by the applicant.] 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 and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage -3- [b] 1. [M-] J. [~] K. [G-:] L. improvements, if required, shall be constructed, meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai'i County Code. The project shall connect to the existing County sewer line prior to the issuance of a Certificate of Occupancy. [If.] As required by the Director of the Department of Environmental Management ("DEM"), the applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. The [A]~pplicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. 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. [Should any remains of historic sites, such as rock ""'ails, terraces, platforms, marine shell concentrations or human burials, be encountered, ·.vork in the immediate area shall cease and the Department of Land and Natural Resources State Historic Preservation Division (DLNR SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR SHPD ·when it finds that sufficient mitigative measures have been taken.] In the unlikely 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. -4- [P-:] M. Should the property be developed as an affordable rental housing project as represented by the applicant, no fair share contribution shall be required. Should the project not be developed as an affordable rental housing project as represented by the applicant, [+]!he applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or Final Subdivision Approval. The fair share contribution for each lot or unit shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCP!). The fair share contribution shall have a combined value of$[7,098.11]9,645.17 per multiple family residential unit ($[11,996.63] 15,030.92 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $[3,797.26)4,757.69 per multiple family residential unit ($[5,784.99)7,248.17 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $[120.01)150.37 per multiple family residential unit ($[279.07)349.65 per single family residential unit) to the County to support police facilities; 3. $[369.17)462.54 per multiple family residential unit ($[551.20)690.61 per single family residential unit) to the County to support fire facilities; -5- 4. $[1M.541206.16 per multiple family residential unit ($(241.32)302.36 per single family residential unit) to the County to support solid waste facilities; and 5. $[3,247.12)4,068.41 per multiple family residential unit ($[5,140.06)6,440.12 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. This condition shall not apply to any housing units constructed within the subject properties to meet the affordable housing requirement in Chapter 11 (Housing), Section l l-4(b ), Hawai' i County Code, and so certified by the County Office of Housing and Community Development, excluding any units constructed for excess housing credits. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11 , Article 1, Hawai' i County Code relating to the Affordable Housing Policy. Compliance with Chapter 11 shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Plan Approval and/or Final Subdivision Approval. Should the property be developed as an affordable rental housing project as represented by the applicant, the Unified Impact Fees Ordinance, if adopted shall not be required. Should the Project not be developed as an affordable rental housing project as represented by the applicant and [S.]§.hould the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of -6- [~] ~ [Y-:] R. impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. An annual progress report· shall be submitted to the Planning Director prior to the anniversary date of enactment of [the] this amended ordinance. 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. [An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. 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. 2. Granting of the time extension vvould not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. 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). -7- ~] If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. Kana , Hawai'i Date of Introduction: January 20, 2021 Date of 1st Reading: January 20, 2021 Date of 2nd Reading: February 17, 2021 Effective Date: March 1, 2021 REFERENCE Comm. __ i_s __ _ INTRODUCED BY: COUNCIL MEMBER, COUNTY OF H WAl'I -8- RS-7.5 RS-7.5 RS-7.5 0 200 400 800 1,200 RM-I PARCEL 2 SINGLE-FAMILY RESIDENTIAL • 7,SOO SQ.FT. (RS-7.5) TO MULTIPLE·FAMILY RESIDENTIAL · 1,500 SQUARE FEET (RM·U) 203,844 SQUARE FEET RD-3.75 •. ' AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAl'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL -7,500 SQUARE FEET (RS-7.5) AND MULTIPLE-FAMILY RESIDENTIAL -1,000 SQUARE FEET (RM-1) · TO MULTIPLE-FAMILY RESIDENTIAL· 1,500 SQUARE FEET (RM-1.5) AT KUKUAU 1 ST, SOUTH HILO, HAWAl'I FOR REFERENCE ONLY MAP PREPARED BY: UNTY OF HAWAl'I, PLANNING DEPARTMENT ·.I TMK: 2-4 ·025:48. 53, and 80 . DATE: July 31 , 2009 /Giamoaolo "Paul" Boschelli OFFICE OF THE COUNTY CLERK County of Hawai'i (' ,·· . . ~..,; , ,, ,·· Kona, Hawai'i ..... ' ..... "ll . : ... ~ f Introduced By: Ashley L. Kierkiewicz (B/R) Date Introduced: January 2 0 , 2 0 21 First Reading: January 20, 2021 Published: January 29, 2021 REMARKS: Postponed: February 3, 2021 Second Reading: February 1 7, 2 0 21 To Mayor: February 2 5, 2 0 21 Returned: March 1, 2021 Effective: March 1 2021 Published: March 19, 2021 REMARKS. ROLL CALL VOTE AYES NOES ABS Chung x David x · lnaba x Kaneali' i-Kleinfelder x Kierkiewicz x Kimball x Lee Loy x Richards x Villegas x 9 0 0 ROLL CALL VOTE AYES NOES ABS Chung x David x Inaba x Kaneali' i-Kleinfelder x Kierkiewicz x Kimball x Lee Loy x Richards x Villegas x 9 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. J} ~-t <:!fprovi}>Disapproved this ___ -L _____ day of Jil~ , 20 ~ I k~n ~?'. ~ MA rl>R, COUNTY OF HAWAI'I Bill No.: 6 Reference: C-18/PC-1 Ord No.: 2j. 17 EX 0 EX 0 Exhibit B DWS receipt showing annual water commitment deposits Exhibit C Approved reduced pressure backfiow preventer plans Exhibit E E1. Subdivision approval letter and plans E2. Dedication deed for the 10-foot road widening strip dedicated to the County E3. Affidavit and revised flnal plat map for the consolidation and subdivision E4. ALTA survey prepared by licensed surveyor Exhibit H Approved offsite drainage report Stream Study Kaiaulu O Kapiolani Page 2 TABLE OF CONTENTS I. INTRODUCTION .................................................................................................................... 3 II. EXISTING CONDITIONS ....................................................................................................... 3 III. HYDROLOGIC CRITERIA .................................................................................................... 4 IV. HYDRAULIC CRITERIA ....................................................................................................... 6 V. CONCLUSION ...................................................................................................................... 7 Appendix A: Tax Map ............................................................................................................... A Appendix B: Topographic Survey ........................................................................................... B Appendix C: FEMA FIRM Panel ............................................................................................... C Appendix D: Flood Hazard Assessment Tool Report ............................................................ D Appendix E: Offsite Drainage Map .......................................................................................... E Appendix F: StreamStats Report ............................................................................................ F Appendix G: Preliminary Site Plan ......................................................................................... G Appendix H: HY-8 Culvert Analysis Proposed Conditions ................................................... H Appendix I: HY-8 Culvert Analysis Existing Conditions ......................................................... I Stream Study Kaiaulu O Kapiolani Page 3 I. INTRODUCTION This offsite drainage report and stream study determines the peak flow discharge rate for the proposed Kaiaulu O Kapiolani affordable housing project at TMK parcels 2-4-025 : 048, 053 and 080. The property has an existing drainage easement which runs through the property to convey offsite runoff from the mauka side of the property to the makai side, prior to draining into County properties above Kapiolani Street with an undeveloped retention basin area. Based on the peak flows determined to flow through the drainage easement, onsite drainage improvements are recommended to accommodate the storm water runoff and allow the site to be developed into the proposed multi-family development. II. EXISTING CONDITIONS The properties for the proposed Kaiaulu O Kapiolani affordable housing project are TMKs: 2-4- 025: 048, 053 and 080. See Appendix A for a Tax Map of the properties involved. Currently the site is a vacant and has a paved and gravel access driveway along the mauka side of the property connecting to Kukuau Road to the north and a long winding driveway to Hualalai Street to the south. The drainage easement runs through the center of the main parcel and consists of Drainage Easement “254” being approximately 3,388 square feet in size and Drainage Easement “253” being approximately 18,059 square feet. Along the mauka portion of the drainage easement, three (3) 36” diameter culverts run underneath the driveway and an unlined channel conveys storm water runoff through the property in the middle of the drainage easement. The site elevations range from 92’ on the mauka side of the easement down to 86’ on the makai side of the drainage easement. See Appendix B for a topographic survey of the properties showing the existing driveway culverts and unlined channel in the drainage easement. The current FEMA Flood Insurance Rate Map (FIRM) for the area is panel 155166 0904 Revision F dated September 29, 2017. A copy of the area of interest from the current FIRM panel is attached in Appendix C. This FIRM panel shows the property is fully outside of the regulatory floodplain and within the Zone X (unshaded) floodplain being outside of the 500-year floodplain. An additional Flood Hazard Assessment Report from Hawaii State DLNR for the property is provided in Appendix D. The properties and drainage easement conveying offsite runoff through the site is situated between larger drainageways of the Alenaio Stream to the north and the Waiakea Flood Control Channel to the south. Some adjacent residential properties to the north of the site are shown as being within a Zone X location protected by a Levee on the Alenaio Stream, however the proposed Kaiaulu O Kapiolani development does not reside within the area protected by the Levee. Even though the properties lie outside the FEMA 500-year floodplain, this report assesses the smaller drainage area and peak runoff flows through the drainage easement in accordance with the County Storm Drainage Standard, dated October 1970 (Drainage Standards). Stream Study Kaiaulu O Kapiolani Page 4 III. HYDROLOGIC CRITERIA The offsite drainage area was obtained using USGS topographic maps available for the offsite areas and the USGS StreamStats tool. The offsite watershed was determined to start up near Kahikini Street by the Hilo Adult Day Center, passing through Komohana Steet down to the Kaiaulu O Kapiolani project development site and ending in the undeveloped retention basin area below the project site within County property on the mauka side of Kapiolani Street. See Appendix E for the Offsite Drainage Map. The total offsite drainage area is estimated to be 65 acres with mean elevation of 176 ft. Change in elevations is 269 feet from top to bottom over about 4,800 feet distance. Since the offsite runoff will flow through a culvert within a County drainage easement, the 50-year recurrence interval will be used. Maximum 60 minute precipitation that occurs on average once in 50-years is 6.2 inches per hour per Plate 2. See Appendix F for the StreamStats report summarizing the drainage area and Plate 6 showing the hydrologic information for the offsite watershed area. Based on the County Drainage Standards, the design recurrence interval for the offsite drainage area of 65 acres is the 50 year design storm (for drainage area being less than 100 acres) within a County drainage easement. The 50-year design storm recurrence interval will be used as the basis for the drainage improvements for the drainage easement through the project site. Runoff Coefficient (C) Based on the Drainage Standards, the rational method will be used to estimate the storm runoff for the offsite drainage area being less than 100 acres. The runoff coefficient (C) for the offsite drainage area was estimated based on Table 1 of the Drainage Standards. The offsite drainage area is generally developed and residential in nature with a small drainageway running through the properties. The runoff coefficient is estimated to be: Watershed Characteristics Value Infiltration 0.07 (medium) Relief 0.03 (rolling 5% to 15% grades) Vegetal Cover 0.03 (good 10% to 50%) Development Type 0.40 (residential) Total (Runoff Coefficient) 0.53 The estimated runoff coefficient for the offsite drainage area is calculated to be 0.53. Time of Concentration, Tc The time of concentration is calculated for the overland flow across the offsite areas. The time of concentration will be 30.5 minutes. Refer to Figure 1: Plate 3 – Overland Flow Chart. Stream Study Kaiaulu O Kapiolani Page 5 Figure 1: Plate 3 – Overland Flow Chart Rainfall Intensity for Indicated Durations Based on the Time of Concentration for drainage area, the Rainfall Intensity for the Indicated Duration is calculated based on Plate 4 from the County’s Drainage Standards. The Rainfall Intensities are estimated as shown in Figure 2: Plate 4 – Rainfall Intensities for Indicated Duration. Figure 2: Plate 4 – Rainfall Intensities for Indicated Duration 8.6 IN/HR Stream Study Kaiaulu O Kapiolani Page 6 Using the rational method equation, the peak storm water runoff discharge rates for the offsite drainage area through the drainage easement through the property is calculated as: Area (Acre) 50-year 65.0 0.53 I50i 8.60 Q50 296.27 C Q (cfs) I (in/hr) IV. HYDRAULIC CRITERIA The proposed site development plan for Kaiaulu O Kapiolani is shown in Appendix G. The drainage easement is shown within the middle of the site and is planned to remain as open pavement and parking areas without any building structures. To provide a safe and usable site, a long culvert is planned to be installed underneath the central parking lot drive aisle. An inlet headwall will be installed on the mauka side of the culvert along with an outlet headwall on the makai side of the culvert. The culvert pipes will generally be placed in the same location as the existing unlined channel and replace the existing three (3) 36” diameter culverts on the gravel driveway. It will pass through the middle of the site under the parking lot drive aisle. The Federal Highway Administration (FHWA) HY-8 culvert modeling software was used to confirm the culvert sizing that would be warranted to pass the offsite drainage through the drainage easement underneath the parking lot drive aisle. Based on the preliminary construction plans, the culvert design is based on a 386.92’ long culvert with 1.24% slope and square headwalls on the inlet and outlet structures. Based on the 50-year design recurrence interval (296.27 cfs peak flow rate), the following culvert configuration will be used for the culvert installation: · Four (4) 36” diameter RCP circular pipe culverts (HDPE pipe culverts also allowable) Since the basis of design is the 50-year recurrence interval, it would be recommended to have the parking lot drive aisle areas above the culvert to be designed as a low spot in the project site to accommodate additional storm water runoff if the culverts overflow due to a higher recurrence rain event or temporary blockage of the culvert(s) by debris. Regular maintenance of the culvert pipes will be required to clear any large debris that doesn’t pass through the culvert. See Appendix H for the HY-8 analysis report. Based on the proposed culvert analysis, a headwater elevation of 97.33’ would occur during the 50-year storm event. For the current existing conditions, see Appendix I for the HY-8 analysis report for the existing three (3) 36” diameter culverts. The existing conditions has an unpaved driveway going overtop of the existing three culverts, which drains into a natural open channel with a relatively flat channel slope. According to the topographic survey, the existing culverts actually have an inverted negative slope (i.e. the inlet inverts are lower than the outlet inverts), however the center culvert has close to the same invert and outlet elevations, so we modeled the existing culvert conditions using a flat culvert slope. Based on the existing culvert analysis, an existing headwater elevation of 97.89’ would occur during the 50-year storm event. The culvert outlet will have flow velocities of 12 feet per second, and outlet protection shall be provided in the final construction plan design, that can accommodate the flow velocities. Stream Study Kaiaulu O Kapiolani Page 7 V. CONCLUSION The offsite watershed area passing through the proposed project drainage easement has been assessed and a range of culvert options are proposed to convey the design 50-year recurrence interval storm offsite runoff through the site. The proposed culvert conditions would decrease the anticipated headwater elevation slightly compared to the existing culvert headwater elevations, so there would not be adverse impacts or additional ponding to the upstream lot. The culvert options would safely convey the design peak storm water runoff and not cause adverse impacts to neighboring adjacent properties. It is recommended that the Kaiaulu O Kapiolani development provide onsite stormwater provisions to convey runoff into this culvert within the drainage easement either by surface flow into drain inlets above the culvert, or underground storm drain lines to tie into the sidewalls of the culvert with a 45-degree angle in the downstream flow direction. Drywells could be installed within the project site or below the invert of the new culvert (if a box culvert option was selected) to help infiltrate stormwater runoff and mitigate developmental increase in storm water runoff anticipated due to the impervious surfaces added for the proposed development. Stream Study Kaiaulu O Kapiolani Page A Appendix A: Tax Map Stream Study Kaiaulu O Kapiolani Page B Appendix B: Topographic Survey Stream Study Kaiaulu O Kapiolani Page C Appendix C: FEMA FIRM Panel Stream Study Kaiaulu O Kapiolani Page D Appendix D: Flood Hazard Assessment Tool Report Flood Hazard Assessment Report Disclaimer: The Hawaii Department of Land and Natural Resources (DLNR) assumes no responsibility arising from the use, accuracy, completeness, and Ɵmeliness of any informaƟon contained in this report. Viewers/Users are responsible for verifying the accuracy of the informaƟon and agree to indemnify the DLNR, its oĸcers, and employ-ees from any liability which may arise from its use of its data or informaƟon. If this map has been idenƟĮed as 'PRELIMINARY', please note that it is being provided for informaƟonal purposes and is not to be used for Ňood insurance raƟng. Contact your county Ňoodplain manager for Ňood zone determina- Ɵons to be used for compliance with local Ňoodplain management regulaƟons. Property InformaƟon COUNTY: FIRM INDEX DATE: THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: FOR MORE INFO, VISIT: hƩp://www.scd.hawaii.gov/ THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: FOR MORE INFO, VISIT: http://dlnreng.hawaii.gov/dam/ Flood Hazard InformaƟon SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance Ňood (100- year), also know as the base Ňood, is the Ňood that has a 1% chance of being equaled or exceeded in any given year. SFHAs include Zone A, AE, AH, AO, V, and VE. The Base Flood ElevaƟon (BFE) is the water surface elevaƟon of the 1% annual chance Ňood. Mandatory Ňood insurance purchase applies in these zones: Zone A: No BFE determined. Zone AE: BFE determined. Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding); BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet Ňow on sloping terrain); average depths determined. Zone V: Coastal Ňood zone with velocity hazard (wave acƟon); no BFE determined. Zone VE: Coastal Ňood zone with velocity hazard (wave acƟon); BFE determined. Zone AEF: Floodway areas in Zone AE. The Ňoodway is the channel of stream plus any adjacent Ňoodplain areas that must be kept free of encroachment so that the 1% annual chance Ňood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA - An area in a low-to-moderate risk Ňood zone. No mandatory Ňood insurance purchase requirements apply, but coverage is available in parƟcipaƟng communiƟes. Zone XS (X shaded): Areas of 0.2% annual chance Ňood; areas of 1% annual chance Ňood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance Ňood. Zone X: Areas determined to be outside the 0.2% annual chance Ňoodplain. OTHER FLOOD AREAS Zone D: Unstudied areas where Ňood hazards are undeter- mined, but Ňooding is possible. No mandatory Ňood insurance purchase apply, but coverage is available in parƟcipaƟng commu- niƟes. FLOOD HAZARD ASSESSMENT TOOL LAYER LEGEND (Note: legend does not correspond with NFHL) www.hawaiinfip.org Notes: BASEMAP: FIRM BASEMAP 0 200 400 ft HAWAII TMK NO: (3) 2-4-025:048 WATERSHED: WAILOA PARCEL ADDRESS: KAIAULU O KAPIOLANI HILO, HI 96720 SEPTEMBER 29, 2017 LETTER OF MAP CHANGE(S):NONE FEMA FIRM PANEL:1551660904F PANEL EFFECTIVE DATE:SEPTEMBER 29, 2017 NO NO Stream Study Kaiaulu O Kapiolani Page E Appendix E: Offsite Drainage Map Stream Study Kaiaulu O Kapiolani Page F Appendix F: StreamStats Report A study area is needed before viewing the report Kaiaulu O Kapiolani Offsite Drainage Analysis O site Drainage Area and Hydrology determined by USGS StreamStats topographic analysis and regression equations. Basin Characteristics Parameter Code Parameter Description Value Unit BASINPERIM Perimeter of the drainage basin as defined in SIR 2004-5262 2.59 miles BSLDEM10M Mean basin slope computed from 10 m DEM 6.61 percent CENTROIDY Basin centroid vertical (y) location in state plane units 2184142.9 meters COMPRAT A measure of basin shape related to basin perimeter and drainage area 2.28 dimensionless CSL10_85 Change in elevation divided by length between points 10 and 85 percent of distance along main channel to basin divide - main channel method not known 269 feet per mi DRNAREA Area that drains to a point on a stream 0.1 square miles ELEV Mean Basin Elevation 176 feet ELEV10FT Elevation at 10 percent from outlet along longest flow path slope using DEM 92.8 feet ELEV10FT3D Elevation at 10 percent from outlet along longest flow path slope using 3D line 92.6 feet ELEV85FT Elevation at 85 percent from outlet along longest flow path slope using DEM 293 feet ELEV85FT3D Elevation at 85 percent from outlet along longest flow path slope using 3D line 293 feet ELEVMAX Maximum basin elevation 345 feet I24H100Y Maximum 24-hour precipitation that occurs on average once in 100 years 22.2 inches I24H10Y Maximum 24-hour precipitation that occurs on average once in 10 years 14.2 inches I24H25Y Maximum 24-hour precipitation that occurs on average once in 25 years 17.3 inches I24H2Y Maximum 24-hour precipitation that occurs on average once in 2 years - Equivalent to precipitation intensity index 9.28 inches I24H500Y Maximum 24-hour precipitation that occurs on average once in 500 years 28.4 inches I24H50Y Maximum 24-hour precipitation that occurs on average once in 50 years 19.7 inches I24H5Y Maximum 24-hour precipitation that occurs on average once in 5 years 12 inches I48H100Y Maximum 48-hour precipitation that occurs on average once in 100 years 28.9 inches I48H10Y Maximum 48-hour precipitation that occurs on average once in 10 years 18.8 inches I48H25Y Maximum 48-hour precipitation that occurs on average once in 25 years 22.7 inches I48H2Y Maximum 48-hour precipitation that occurs on average once in 2 years 12.3 inches I48H500Y Maximum 48-hour precipitation that occurs on average once in 500 years 36.6 inches I48H50Y Maximum 48-hour precipitation that occurs on average once in 50 years 25.8 inches I48H5Y Maximum 48-hour precipitation that occurs on average once in 5 years 16 inches I60M100Y Maximum 60-min precipitation that occurs on average once in 100 years 4.35 inches I60M10Y Maximum 60-min precipitation that occurs on average once in 10 years 3.13 inches I60M25Y Maximum 60-min precipitation that occurs on average once in 25 years 3.63 inches I60M2Y Maximum 60-min precipitation that occurs on average once in 2 years 2.2 inches I60M500Y Maximum 60-min precipitation that occurs on average once in 500 years 5.16 inches I60M50Y Maximum 60-min precipitation that occurs on average once in 50 years 4 inches I60M5Y Maximum 60-min precipitation that occurs on average once in 5 years 2.74 inches I6H100Y 6-hour precipitation that is expected to occur on average once in 100 years 11.7 inches I6H10Y Maximum 6-hour precipitation that occurs on average once in 10 years 7.86 inches I6H25Y Maximum 6-hour precipitation that occurs on average once in 25 years 9.36 inches I6H2Y Maximum 6-hour precipitation that occurs on average once in 2 years 5.25 inches I6H500Y Maximum 6-hour precipitation that occurs on average once in 500 years 14.5 inches I6H50Y Maximum 6-hour precipitation that occurs on average once in 50 years 10.5 inches I6H5Y Maximum 6-hour precipitation that occurs on average once in 5 years 6.73 inches IMPNLCD01 Percentage of impervious area determined from NLCD 2001 impervious dataset 42.2 percent LC01BARE Percentage of area barren land, NLCD 2001 category 31 0 percent LC01CROP Percentage of area crop, NLCD 2001 category 0 percent LC01DEV Percentage of land-use from NLCD 2001 classes 21-24 93.9 percent LC01DEVHI Percentage of area developed, high intensity, NLCD 2001 category 24 0 percent LC01DEVMD Percentage of area developed, medium intensity, NLCD 2001 category 23 44 percent LC01EVERG Percentage of area evergreen forest, NLCD 2001 category 42 4 percent LC01OPNLO Percentage of area developed, open space and low intensity combined, NLCD2001 cat. 21 and 22 51 percent LFPLENGTH Length of longest flow path 0.99 miles MINBELEV Minimum basin elevation 86.1 feet PERM12IN Area-weighted average soil permeability for top 12 inches of soil 5.02 inches per hour PERM24IN Area-weighted average soil permeability for top 24 inches of soil 3.41 inches per hour PRECIP Mean Annual Precipitation 146 inches RELIEF Maximum - minimum elevation 259 feet RELRELF Basin relief divided by basin perimeter 100 feet per mi SLOP30_10M Percent area with slopes greater than 30 percent from 10-meter NED 0 percent SLPFM3D Change in elevation divided by length between points 10 and 85 percent of distance along the longest flow path to the basin divide, LFP from 3D grid 260 feet per mi General Disclaimers Parameter values have been edited, computed flows may not apply. Upstream regulation was checked for this watershed. This watershed is percent regulated, computed flows may not apply. This watershed has been edited, computed flows may not apply. The resulting delineations are derived from digital elevation data and storm drain vectors that have been processed to enforce drainage through storm drains. Region ID:HI Workspace ID:HI20200204194408506000 Clicked Point (Latitude, Longitude):19.71480, -155.08595 Time:2020-02-04 09:44:28 -1000 Project Site I50=6.2 inches/hour Stream Study Kaiaulu O Kapiolani Page G Appendix G: Preliminary Site Plan E AD A B ADA B 1 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 16 1 7 1 8 1 9 2 0 2 1 2 2 26 27 28 29 30 31 32 33 34 35 36 37 38 48 49 50 51 52 40 82 39 41 53 78 54 85 55 56 57 58 59 60 61 62 6463 42 97 4544 46 100 47 103 65 43 99 66 69 70 71 72 68 67 74 75 113 76 77 73 79 80 81 PARKING COUNT 9x18 108 ADA VAN 6 TOTAL 114 84 25 86 87 83 90 91 9289 93 95 96 98 94 101102 105 106 107 108 104 110 112111109 114 C ADA 23 2 4 D ADA COMM. CTR. E S4 S4 S4 S4 S4 S4 S4 S6 S6 S4 S4 S4 S2 S2 S8 S8 S8 W6 W6 W6 W6 W6 W6 W6 W4 W4 W4 W4 W6W W6 W6 W4 W4 W4 W4 W4 W4 ° ° ° ° ° ° W4 W4 W4 W4 D36 D36 D36 D36 D36 D36 D36 89 1153 2 4 5 6 D36 Sheet No ____ of _____ Drawing Number Drawn Checked Designed Drawing Title Project Number Pr o j e c t N a m e Re v i s i o n N u m b e r / D e s c r i p t i o n Date This work was prepared by me or under my supervision and will be under my observation. construction of this project Expiration Date of the License Signature Partners Incorporated Design Architecture Planning Interiors Design 2 3 4 5 D C B A 1 2 3 4 51 X C2.1 18056 AUG 2020 JKO DTI DTI X SITE LAYOUT PLAN A0 7 0 5 H I L O L P Ka i a u l u O K a p i o l a n i - TM K : 2 - 4 - 0 2 5 : 4 8 , 5 3 , 8 0 ( P O R ) April 30, 2020 PROVIDE OUTLET PROTECTION BASED ON CULVERT FLOW VELOCITIES OF 12 FEET PER SECOND IN FINAL CONSTRUCTION PLAN DESIGNS Stream Study Kaiaulu O Kapiolani Page H Appendix H: HY-8 Culvert Analysis Proposed Conditions HY-8 Culvert Analysis Report Crossing Discharge Data Discharge Selection Method: Specify Minimum, Design, and Maximum Flow Minimum Flow: 146.42 cfs Design Flow: 296.27 cfs Maximum Flow: 300 cfs Proposed Culvert Conditions Table 1 - Summary of Culvert Flows at Crossing: Kaiaulu O Kapiolani Headwater Elevation (ft) Total Discharge (cfs)Culverts Discharge (cfs) Roadway Discharge (cfs) Iterations 94.07 146.42 146.42 0.00 1 94.31 161.78 161.78 0.00 1 94.57 177.14 177.14 0.00 1 94.84 192.49 192.49 0.00 1 95.14 207.85 207.85 0.00 1 95.46 223.21 223.21 0.00 1 95.80 238.57 238.57 0.00 1 96.17 253.93 253.93 0.00 1 96.57 269.28 269.28 0.00 1 97.33 296.27 296.27 0.00 1 97.43 300.00 299.67 0.17 14 97.42 299.33 299.33 0.00 Overtopping Rating Curve Plot for Crossing: Kaiaulu O Kapiolani Table 2 - Culvert Summary Table: Culverts Total Discharge (cfs) Culvert Discharge (cfs) Headwater Elevation (ft) Inlet Control Depth (ft) Outlet Control Depth (ft) Flow Type Normal Depth (ft) Critical Depth (ft) Outlet Depth (ft) Tailwater Depth (ft) Outlet Velocity (ft/s) Tailwater Velocity (ft/s) 146.42 146.42 94.07 3.072 0.0*5-S2n 1.485 1.967 1.500 1.452 10.354 7.332 161.78 161.78 94.31 3.312 0.0*5-S2n 1.576 2.071 1.576 1.523 10.750 7.528 177.14 177.14 94.57 3.567 0.0*5-S2n 1.666 2.168 1.666 1.590 10.986 7.711 192.49 192.49 94.84 3.841 0.912 5-S2n 1.756 2.259 1.756 1.654 11.198 7.883 207.85 207.85 95.14 4.137 1.466 5-S2n 1.846 2.344 1.846 1.714 11.388 8.044 223.21 223.21 95.46 4.456 2.056 5-S2n 1.938 2.423 1.952 1.773 11.457 8.196 238.57 238.57 95.80 4.800 2.682 5-S2n 2.032 2.495 2.032 1.829 11.702 8.340 253.93 253.93 96.17 5.171 3.345 5-S2n 2.130 2.561 2.156 1.882 11.675 8.478 269.28 269.28 96.57 5.568 4.043 5-S2n 2.234 2.620 2.234 1.934 11.925 8.609 296.27 296.27 97.33 6.329 5.356 5-S2n 2.446 2.708 2.446 2.021 12.004 8.825 300.00 299.67 97.43 6.430 5.530 5-S2n 2.478 2.718 2.478 2.033 12.000 8.854 ******************************************************************************** Straight Culvert Inlet Elevation (invert): 91.00 ft, Outlet Elevation (invert): 86.20 ft Culvert Length: 386.95 ft, Culvert Slope: 0.0124 ******************************************************************************** Culvert Performance Curve Plot: Culverts Water Surface Profile Plot for Culvert: Culverts Site Data - Culverts Site Data Option: Culvert Invert Data Inlet Station: 0.00 ft Inlet Elevation: 91.00 ft Outlet Station: 386.92 ft Outlet Elevation: 86.20 ft Number of Barrels: 4 Culvert Data Summary - Culverts Barrel Shape: Circular Barrel Diameter: 3.00 ft Barrel Material: Concrete Embedment: 0.00 in Barrel Manning's n: 0.0130 Culvert Type: Straight Inlet Configuration: Square Edge with Headwall Inlet Depression: None Table 3 - Downstream Channel Rating Curve (Crossing: Kaiaulu O Kapiolani) Flow (cfs)Water Surface Elev (ft) Depth (ft)Velocity (ft/s)Shear (psf)Froude Number 146.42 87.65 1.45 7.33 2.94 1.33 161.78 87.72 1.52 7.53 3.09 1.33 177.14 87.79 1.59 7.71 3.22 1.34 192.49 87.85 1.65 7.88 3.35 1.35 207.85 87.91 1.71 8.04 3.48 1.36 223.21 87.97 1.77 8.20 3.59 1.36 238.57 88.03 1.83 8.34 3.71 1.37 253.93 88.08 1.88 8.48 3.82 1.37 269.28 88.13 1.93 8.61 3.92 1.38 296.27 88.22 2.02 8.83 4.10 1.39 300.00 88.23 2.03 8.85 4.12 1.39 Tailwater Channel Data - Kaiaulu O Kapiolani Tailwater Channel Option: Trapezoidal Channel Bottom Width: 6.50 ft Side Slope (H:V): 5.00 (_:1) Channel Slope: 0.0325 Channel Manning's n: 0.0350 Channel Invert Elevation: 86.20 ft Roadway Data for Crossing: Kaiaulu O Kapiolani Roadway Profile Shape: Constant Roadway Elevation Crest Length: 55.00 ft Crest Elevation: 97.42 ft Roadway Surface: Paved Roadway Top Width: 375.00 ft Stream Study Kaiaulu O Kapiolani Page I Appendix I: HY-8 Culvert Analysis Existing Conditions HY-8 Culvert Analysis Report Crossing Discharge Data Discharge Selection Method: Specify Minimum, Design, and Maximum Flow Minimum Flow: 146.42 cfs Design Flow: 296.27 cfs Maximum Flow: 300 cfs Existing Culvert Conditions Table 1 - Summary of Culvert Flows at Crossing: Kaiaulu O Kapiolani Headwater Elevation (ft) Total Discharge (cfs)Culverts Discharge (cfs) Roadway Discharge (cfs) Iterations 94.80 146.42 146.42 0.00 1 95.20 161.78 161.78 0.00 1 95.64 177.14 177.14 0.00 1 96.14 192.49 192.49 0.00 1 96.68 207.85 207.85 0.00 1 97.27 223.21 223.21 0.00 1 97.52 238.57 229.45 9.00 8 97.64 253.93 232.39 21.42 6 97.74 269.28 234.79 34.31 5 97.89 296.27 238.38 57.75 5 97.91 300.00 238.83 61.07 4 97.36 225.53 225.53 0.00 Overtopping Rating Curve Plot for Crossing: Kaiaulu O Kapiolani Table 2 - Culvert Summary Table: Culverts Total Discharge (cfs) Culvert Discharge (cfs) Headwater Elevation (ft) Inlet Control Depth (ft) Outlet Control Depth (ft) Flow Type Normal Depth (ft) Critical Depth (ft) Outlet Depth (ft) Tailwater Depth (ft) Outlet Velocity (ft/s) Tailwater Velocity (ft/s) 146.42 146.42 94.80 3.910 3.922 7-H2c -1.000 2.274 2.274 1.624 8.489 4.479 161.78 161.78 95.20 4.315 4.231 7-JH2c -1.000 2.385 2.385 1.709 8.950 4.606 177.14 177.14 95.64 4.764 4.559 7-JH2t -1.000 2.484 2.484 1.790 9.436 4.724 192.49 192.49 96.14 5.258 4.914 7-H2t -1.000 2.572 2.572 1.866 9.950 4.834 207.85 207.85 96.68 5.800 5.240 7-H2t -1.000 2.648 2.648 1.940 10.495 4.938 223.21 223.21 97.27 6.387 5.583 7-H2t -1.000 2.712 2.712 2.010 11.071 5.035 238.57 229.45 97.52 6.639 5.729 7-H2t -1.000 2.735 2.735 2.078 11.314 5.128 253.93 232.39 97.64 6.760 5.799 7-H2t -1.000 2.745 2.745 2.143 11.429 5.216 269.28 234.79 97.74 6.861 5.858 7-H2t -1.000 2.753 2.753 2.206 11.524 5.300 296.27 238.38 97.89 7.012 5.946 7-H2t -1.000 2.765 2.765 2.312 11.666 5.439 300.00 238.83 97.91 7.031 5.957 7-H2t -1.000 2.766 2.766 2.326 11.684 5.457 ******************************************************************************** Straight Culvert Inlet Elevation (invert): 90.88 ft, Outlet Elevation (invert): 90.88 ft Culvert Length: 20.00 ft, Culvert Slope: 0.0000 ******************************************************************************** Culvert Performance Curve Plot: Culverts Water Surface Profile Plot for Culvert: Culverts Site Data - Culverts Site Data Option: Culvert Invert Data Inlet Station: 0.00 ft Inlet Elevation: 90.88 ft Outlet Station: 20.00 ft Outlet Elevation: 90.88 ft Number of Barrels: 3 Culvert Data Summary - Culverts Barrel Shape: Circular Barrel Diameter: 3.00 ft Barrel Material: Concrete Embedment: 0.00 in Barrel Manning's n: 0.0130 Culvert Type: Straight Inlet Configuration: Square Edge with Headwall Inlet Depression: None Table 3 - Downstream Channel Rating Curve (Crossing: Kaiaulu O Kapiolani) Flow (cfs)Water Surface Elev (ft) Depth (ft)Velocity (ft/s)Shear (psf)Froude Number 146.42 92.50 1.62 4.48 0.94 0.73 161.78 92.59 1.71 4.61 0.99 0.74 177.14 92.67 1.79 4.72 1.04 0.74 192.49 92.75 1.87 4.83 1.08 0.75 207.85 92.82 1.94 4.94 1.13 0.75 223.21 92.89 2.01 5.04 1.17 0.76 238.57 92.96 2.08 5.13 1.21 0.76 253.93 93.02 2.14 5.22 1.24 0.76 269.28 93.09 2.21 5.30 1.28 0.76 296.27 93.19 2.31 5.44 1.34 0.77 300.00 93.21 2.33 5.46 1.35 0.77 Tailwater Channel Data - Kaiaulu O Kapiolani Tailwater Channel Option: Trapezoidal Channel Bottom Width: 12.00 ft Side Slope (H:V): 5.00 (_:1) Channel Slope: 0.0093 Channel Manning's n: 0.0350 Channel Invert Elevation: 90.88 ft Roadway Data for Crossing: Kaiaulu O Kapiolani Roadway Profile Shape: Constant Roadway Elevation Crest Length: 55.00 ft Crest Elevation: 97.36 ft Roadway Surface: Gravel Roadway Top Width: 10.00 ft Exhibit K Approved solid waste management plan Exhibit L SHPD letter for the project DAVID Y. IGE GOVERNOR OF HAWAII December 5, 2022 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD., STE 555 KAPOLEI, HI 96707 SUZANNE D. CASE CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT ROBERT K. MASUDA FIRST DEPUTY M. KALEO MANUEL DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS IN REPLY REFER TO: Steven Pause, Director Project No.: 2022PR01469 County of Hawaii Doc. No.: 2212SN02 Department of Public Works Archaeology 101 Pauahi Street, Suite 7 Hilo, HI 96720 c/o dpweng@hawaiicounty.gov Dear Mr. Pause: SUBJECT: Chapter 6E-42 Historic Preservation Review – County of Hawaii Grading Permit (PW.ENG2022-00238) Kaiāulu O Kapiʻolani Housing Project Kūkūau 1st Ahupua‘a, South Hilo District, Island of Hawai‘i TMK: (3) 2-4-025:048 This letter provides the State Historic Preservation Division’s (SHPD’s) review of a County of Hawaii grading permit for the Kaiāulu O Kapiʻolani Housing Project. The applicant, A0705 Hilo (landowner), proposes grading activities to facilitate the construction of the proposed affordable housing complex. SHPD received the current submission on November 21. 2022. The submittal included a SHPD HRS 6E Submittal Form, a County of Hawaii grading permit snapshot (PW.ENG2022-00238), and construction plans. Project Description The project involves the development of an affordable rental complex of 64 units, a community center, and a 117- stall parking lot. The project area comprises the entirety of the 5.0479-acre property [MK: (3) 2-4-025:048]. The entire project area will be subject clearing and grubbing and mass grading will consist of the removal of unusable volcanic ash and the installation of the fill material. Ground disturbance for the project will also include trenching for utilities and the installation of drainage drywells at select locations. Findings A review of SHPD records indicates that the current project area was included in an archaeological inventory survey (AIS; Nelson et al. 2006) for a previous waterline project. The previous AIS was reviewed and accepted in a letter dated September 28, 2006 (Log No. 2006.3275, Doc. No. 0609JT83). The AIS identified a single historic property, a historic era enclosure (SIHP 50-10-35-25547) located within the current project area. The site was adequately documented in the AIS, and no further work was recommended. SHPD also reviewed and approved an archaeological assessment report (AIS with negative findings; Rechtman 2006) for an adjacent project area on Parcel 080, related to the current project development. Determination Based on current information, SHPD’s determination is no historic properties affected for the current project. Pursuant to HAR §13-284-7(e), when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD’s written concurrence and historic preservation review ends. The historic preservation review process is ended. The permit issuance process may proceed. Steven Pause 12/5/2022 Page 2 Attach to permit: In the unlikely event that subsurface historic resources, including human skeletal remains, structural remains, cultural deposits, sand deposits, or sink holes are identified during the grading 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. Please contact Sean Nāleimaile, Hawaii Island Archaeologist IV, at Sean.P.Naleimaile@hawaii.gov for any matters regarding archaeological resources or this letter. Aloha, Alan Downer Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc. Melanie DeMello, melanie.demello@hawaiicounty.gov Grant Bigley, gbigley@uhcllc.net Jonathan Oba, jon@imata.biz Zachary Hoffman, zachary.hoffman@designpartnersinc.com Exhibit M Fair share exemption letter August 17, 2022 Susan K. Kunz Housing Administrator County of Hawaii, Office of Housing and Community Development (OHCD) 1990 Kinoole Street, Suite 102 Hilo, Hawaii 96720 Ph: (808) 961-8379 Jeffrey W. Darrow Deputy Planning Director County of Hawaii, Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 808-961-8158 Re: A0705 Hilo L.P. (Kaiāulu O (Kapi’olani) Ordinance No. 21-17 Condition M: Fair Share Exemption Aloha Susan & Jeff, In accordance with Ordinance No.21-17, the partnership A0705 Hilo L.P. will be accepting the fair share exemption, at this time, relating to Condition M of the zoning ordinance and not the excess housing credits for the project, which is part of the Affordable Housing Agreement. We understand that if we request and receive excess credit pursuant to Chapter 11, at any time, we will owe the fair share payment, accordingly. Please accept this letter as our written request to accept the fair share exemption. Kind regards, Grant Bigley Project Manager Cc: Douglas Bigley Miguel Saenz Thomas Fischer Bruce Holden Exhibit N Affordable housing agreement with the Office of Housing (OHCD) LAND COURT REGULAR SYSTEM (AREA AROVE RESERVED FOR RECORDING INFORMATION) After Recordation,Return by Mail or El Pick-up To: A0705 Hilo,L.P. 2000 E.Fourth Street,Suite #220 Santa Ana,CA 92705 TITLE OF DOCUMENT: AFFORDABLE HOUSING AGREEMENT PARTIES TO DOCUMENT DEVELOPER:A0705 I-ho,L.P.a Hawai’i limited partnership,whose principal place ofbusiness and mailing address is 2000 E.Fourth Street,Suite #220. Santa Ana,CA 92705 COUNTY:COUNTY OF HAWAI’I ,a municipal corporation ofthe State of Hawai’i,whose principal place ofbusiness and mailing address is 25 Aupuni Street,Hilo,HI 96720 Affects TMKs (3)2-4-025:048,053,and 080 contains ___________ pages. 1 AFFORDABLE HOUSING AGREEMENT This Affordable Housing Agreement (“Agreement”)is made and effective this ________ day of _______________, 2022 (the “Effective Date”)by and between A0705 Hhlo,L.P.,a Hawai’i limited partnership,hereinafter referred to as “Developer,”whose principal place of business and mailing address is 2000 E.Fourth Street,Suite #220,Santa Ana,CA 92705,and the COUNTY OF HAWAI’I, a municipal corporation of the State of Hawai’i,hereinafter referred to as “County”,whose principal place of business and mailing address is 25 Aupuni Street,Hilo,Hawai’i 96720. WHEREAS Ordinance 10-32 amended Section 25-8-3 3,Article 8,Chapter 25 (Zoning Code)of the Hawai’i County Code 1983 (2005 Edition).by changing the District Classification from Single- Family Residential (RS-7.5)and Multiple-Family Residential (RM-1)to Multiple-Family Residential (RM-l.5)at Küküau 1St,South Hilo,Hawai’i,covered by Tax Map Key (3)2-4-025:048,053,and 080; and WHEREAS,Ordinance 21-17,amended O r d i n a n c e 10-32,and reclassified lands by changing the District Classification for Single-Family Residential (RS-7.5)and Multiple-Family Residential (RM 1)to Multiple-Family Residential (RM-1 .5)at Küküau 1St,and provides further updates and edits to the property sites;and WHEREAS the Developer proposes to develop “Kaiaulu 0 Kapiolani,”consisting of 5.05-acres of real property l o c a t e d at TMK:(3)2-4-025:048,053,080 into 64 multi-family apartment units (including one (1)manager unit),fifty percent ofwhich are three-and four-bedroom units that will serve large families (“the Project”),more specifically described in Exhibit “A”;and WHEREAS the project will consist of 8 buildings with twenty-eight 2-bedroom units,twenty nine 3-bedroom units which includes an onsite Manager’s unit,and seven 4-bedroom units,accompanied with a community center,laundry facilities,a children’s playground,driveways,landscaping,parking areas and walkways.All the housing units will provide rents affordable for low-income families (7 units 2 at 30%AM!,7 units at 40%AMI,13 units at 50%AM!,and 36 units at 60%AMI and one manager’s unit)coupled with a range of social services (e.g.,health services,after-school programs,and job training);and WHEREAS the County and the Developer recognize the need for affordable housing in the County of Hawai ‘i,and the parties hereto have evaluated the various options available to satisfy t h e affordable housing goals and policies of the State of Hawai’i and the County;and WHEREAS,Chapter 11,Article 1 of the Hawai’i County Code (“HCC”),relating to Affordable Housing Policy,authorizes the Mayor,the County of Hawai’i Office of Housing and Community Development (“OHCD”)or their duly authorized representative,to enter into this Agreement with the Developer to perform one or any combination of the options for satisfaction of the affordable housing requirements contained in HCC Section 11-5;and WHEREAS,in 2019,the Developer was awarded by the Hawai’i Housing Finance and Development Corporation (“HHFDC”)Federal and State Low Income Housing Tax Credit Program subsidies,financing to be provided by the State of Hawaii Hula Mae Multi-Family (HMMF)Tax-exempt Bonds,and “Equity Gap”low-interest Rental Housing Revolving Fund (RHRF)funds;and WHEREAS the Developer desires to construct at least 63 affordable housing rental units restricted to families earning no more than 60 percent of median income according to the terms of the Low-Income Housing Tax Credit program pursuant to Section 42 of the Internal Revenue Code (“LIHTC”)and one (1)non-restricted manager’s unit;and NOW,THEREFORE,in consideration ofthe mutual covenants in this Agreement,and pursuant to Chapter 11,Article 1 (Affordable Housing)of the Hawai’i County Code (“Chapter 11”),the parties hereby agree as follows: 3 1.Within five (5)years of the effective date of this Agreement,the Developer shall diligently pursue completion of the affordable housing development and occupy no fewer than 63 afThrdable housing rental units on the Property,plus one manager’s unit.The rental of the affordable housing rental units shall be made to renters who qualify under the applicable LH-ITC and County of Hawai’i affordable housing eligibility requirements and income qualifications earning no more than sixty (60)percent of the area median income at the time of initial tenant and household qualification. 2.The affordable housing rental units shall be rented to “qualified households.”as defined in the Hawai’i County Code,Chapter 11,earning no more than 30%-60%of the U.S.Department of Housing and Urban Development (“HUD”)adjusted mean income (including adjustments for family size)at an affordable rental as determined in accordance with the Affordable Housing Guidelines for the County of Hawaii (the “Guidelines”,Exhibit B)as updated and published annually by the OHCD. 3.These affordable housing rental units shall remain affordable for no fewer than twenty (20)years after initial occupancy. 4.The Developer hereby represents and warrants to OHCD that not less than sixty-three (63)of the proposed sixty-four (64)rental units will be rented as affordable housing units (each,an “Affordable Housing Unit”). 5.The rental of all Affordable Housing Units shall be made available to renters who qualify under the County of Hawai’i income qualifications and the following eligibility requirements pursuant to HCC Chapter II: a.Applicants are required to be citizens of the United States or permanent resident aliens;and 4 b.Applicants shall intend to occupy the Affordable Housing Unit as their permanent and primary residence. 6.At least two hundred ten (210)days prior to the commencement of the rental of the Affordable Housing Units within the Development,the Developer shall submit for written approval by the OHCD the rental and marketing plan for the Development (the “Plan”).As part of the Plan,the rental amount and Developer-furnished utilities and other amenities for each Affordable Housing Unit,if applicable,shall be subject to approval by the OHCD. Within thirty (30)days after the Developer’s submittal of the Plan,the OHCD shall act to approve or disapprove the Plan.If the OHCD fails to act on the Plan within the thirty (30) day period,the Plan shall be deemed approved,and the Developer may commence marketing and rental pursuant to the provisions of the Plan. 7.Upon rental of a unit,the Developer shall provide 01-lCD documentation sufficient in the detail as necessary to substantiate Developer’s compliance with the HCC Chapter 11,the Guidelines and the relevant covenants and restrictions set forth in this Agreement. 8.Upon the final completion of the Development,the Developer shall submit certified annual reports to the OHCD on or before June 30 for 20 years regarding the Developer’s compliance with the terms of this Agreement.to include without limitation,marketing and rental reports and documents sufficient to allow the OHCD to ensure compliance with the terms of this Agreement.The OHCD shall monitor and approve the Developer’s compliance with the terms of this Agreement.Further,the Developer shall promptly provide to OHCD any other information,documents or certifications requested by the OHCD that the OHCD shall deem reasonably necessary to substantiate the Developer’s continuing compliance with the provisions,covenants and restrictions specified in this Agreement 9.The award of excess credits shall be subject to approval by the Housing Administrator pursuant to HCC Section 11-15.The project was awarded State of Hawai’i 1-lula Mac Multi-Family (1 1MM F)tax-exempt Bond funds.“Equity Gap”low-interest loans from the Rental I lousing Revolving Fund (RIIRF)by HHFDC (Exhibit C),and Project-Based Housing Choice Vouchers, 5 and may be allowed to be transferred in accordance with HCC Chapter 11,Section 11-15(d)with the Housing Administrator’s approval. 10.This Agreement shall run with the land and be binding and inure the benefits of the parties hereto,and their respective successors and assigns.This Agreement shall be recorded by the Developer at the Bureau of Conveyances,or with the Land Court of the State of Hawai’i as applicable,concurrently with the recordation of the mortgage for the financing of the Project and the Developer has become the legal owner of the Property.The parties agree to take such actions and execute whatever other documents as are necessary to effectuate and carry out the intent of this Agreement.This Agreement modifies and supersedes any other agreements and understandings (whether oral or written)made heretofore or contemporaneously herewith by the parties.The provisions of this Agreement may not be altered or changed except by another written instrument executed by the parties hereto. 11.Upon the written request by the Developer and OHCD’s determination of compliance of all of the terms of this Agreement,a Cancellation and Release of this Agreement shall be executed by the parties hereto and recorded by the Developer (at the Developer’s cost)with the Bureau of Conveyances,or with the Land Court of the State of Hawai’i,as applicable. 12.If the efforts of the Developer to complete the design,development and construction of the affordable rental units are delayed by any of the following (collectively,“Force Majeure”):(a) war,earthquake,fire,flood,volcanic activity or other similar natural disaster,or by general or industry-wide strike in the County,shipping strike in the State of Hawai’i or on the continental United States,or (b)the failure of any Government Agencies to approve or consent to any matter for which such approval or consent is required within a reasonable time after the Developer has made a request therefor despite reasonable efforts on the part of the Developer to obtain such consent or approval,then,and in any such event,the time periods set forth in this Agreement for completion of the affordable housing rental units shall be extended by the number of days that the Developer is delayed as a result ofthe specified event of Force Majeure. 6 SECTION 2-PROJECT DEVELOPMENT AND OPERATION I.The Developer agrees to comply fuiiy with the requirements of the Fair Housing Act as it may be amended from time to time. 2.The Affordable For-Rent Pricing is based on the GUILDELINES dated 9/3/202 1 (Exhibit “C”) which are updated annually by the OHCD per HCC Chapter 11.The Developer agrees that the for-rent,and for-sale prices for the Project may change annually,and all advertisements and contract documents will adjust accordingly. 3.Subject to the requirements of this Agreement,if the Developer plans to sell,transfer,or exchange the Property,the Developer shall notifSr the OHCD in writing at least thirty (30)days and obtain the agreement of any buyer or successor or other person a c q u i r i n g any interest in the Property that such acquisition is subject to the requirements of this Agreement and to the requirements of the HCC Chapter 11 aid applicable regulations.This provision shall not act to waive any other restriction on sale,transfer or exchange of the Property,or any Affordable Unit in the Project. 4.The Developer shall maintain the common areas of the Project in good,safe,and habitable conditions in all respects,except for normal wear and tear,and in full compliance with all applicable laws,regulations,ordinances,covenants,or government authority with jurisdiction over matters concerning the condition and use of the Property. 5.The Developer warrants that Developer has not and will not execute any other agreement with provisions contradictory to,or in opposition to,the provisions hereof,and that in any event,the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. 7 6.During the construction of Affordable Units,the Developer agrees to and shall hold harmless. defend and indemnify the County,its directors,employees,representatives,agents,successors, and assigns,from and against any and all claims,demands,causes ofaction,liabilities,damages, losses,fines,penalties,taxes,costs or expenses,including,without limitation,attorneys’fee;and costs of court,which are incurred and/or paid by the County relating to the Developer’s obligations under this Agreement. 7.The Developer covenants that Developer will not knowingly take or permit any action that would result in a violation ofthe requirements of the HCC Chapter 11 and applicable regulations or this Agreement.Further,the Developer will comply with all applicable County,State and Federal laws,rules,regulations,and requirements. 8.In accordance with Executive Order 142 issued on February 11,2005,by the Mayor of the County,during the performance of this Agreement.Developer hereby agrees as follows: a.Developer shall comply with all requirements set forth in Federal and State laws and regulations relative to Title VI of the Civil Rights A c t of 1964,as amended,which provide for non-discrimination in Federally assisted programs. b.Developer shall not discriminate against any employee or applicant for employment because of race,ancestry/national origin,religion,color, disability,age,marital status,military status,veteran’s status,sexual orientation,lactation,arrest and court record,citizenship,or any other classification protected by state or federal law.The contractor shall assure that applicants are employed and that employees are treated during employment without regard to race,ancestry/national origin,religion,color,disability,age, marital status,military status,veteran’s status,sexual orientation,lactation, arrest and court record,citizenship,or any other classification protected by state or federal law.Such action shall include,but not be limited to,the 8 following:employment,upgrading,demotion.or transfer;recruitment or recruitment advertising;layoff or termination;rates of payor other forms of compensation;and selection for training.The contractor agrees to post in conspicuous places notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. c.Developer shall in all solicitations or advertisements for employees placed by or on behalf of Developer,state that all qualified applicants shall receive consideration for employment without regard to race,ancestry/national origin, religion,color,disability,age,marital status,military status,veteran’s status, sexual orientation,lactation,arrest and court record,citizenship,or any other classification protected by state or federal law. d.In the event of Developer’s noncompliance with the nondiscrimination clauses of this contract,this contract may be canceled or suspended in whole or in part and the contractor may be declared ineligible for further County of Hawai’i contracts until such time that the contractor by satisfactory evidence,in good faith,ceases such discriminatory practices or procedures. e.Developer who subcontracts any portion of the contract shall assure the County that such subcontractor shall abide by the nondiscrimination provisions stated herein and agrees t h a t any subcontractor who is found in violation of such provisions shall subject the principal contractor’s contract with the County to be terminated or suspended pursuant to subsection (d) above. f.Developer may direct any bidder,prospective contractor,or subcontractor to submit a statement in writing signed by an authorized officer,agent,or employee ofthe contracting party that the signer’s practices and policies do not discriminate on the grounds of race,ancestry/national origin, r e l i g i o n , color, 9 disability,age,marital status,military status,veteran’s status,sexual orientation,lactation,arrest and court record,citizenship,or any other classification protected by state or federal law,and that the terms and conditions ofemployment under the proposed contract shall be in accordance with t h e purposes and provisions stated herein. 9.Severability.The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions thereof. 10.Notices.All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when mailed by certified or registered mail,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate in writing. To the County: Office of Housing and Community Development 1990 Kino’ole Street,Suite 102 Hilo,Hawai’i 96720 ATTN:Housing Administrator To the Developer: A0705 Hilo,L.P. 2000 E.Fourth Street,Suite #220 Santa Ana,CA 92705 AITN:Grant Bigley With a copy to: Gordon Rees Scully Mansukhani Attn:Bruce Holden 5 Park Plaza Suite 1100 Irvine,CA 92614 10 The OHCD and the Developer may,by notice given hereunder,designate any further or different addresses to which subsequent notices,certificates or other communications shall be sent. 11.This instrument may be executed in two or more counterparts,and when all counterparts have been executed,each counterpart shall be considered an original but when assembled shall constitute one and the same instrument and shall have the same force and effect as though all of the signatories had executed a single signature page.Any unexecuted duplicate pages may be omitted from the assembled original document. 12.The parties agree that no party shall be deemed to be the drafter of this Agreement,and further that in the event this Agreement is ever construed by a court of law,such court shall not construe this Agreement or any provisions of this Agreement against any party as the drafter of this Agreement. 13.This Agreement shall be governed and construed in accordance with the laws ofthe Third Circuit Court of the State of Hawai’i. THE REMAINDER OF THIS PAGE IS INTENTIONALL LEFT BLANK SIGNATURE PAGE FOLLOWS # # # # # # # # # # # # # # # # # 11 # # # IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year of the last signature below. DEVELOPER: A0705 Hilo,L.P.,a Hawai’i limited partnership NP Holdings,LLC a Hawai’i limited liability company General Partner Bybl6Q Name:tlD Title:-‘Pct1’CoS-- Date:____________________ RECOMMEND APPROVAL:COUNTY: ___________________ COUNTY OF HAWAI’I, Susan K.Kunz a municipal corporation of the State of Hawai’i Housing Administrator By: Date:__________________________ Name: APPROVED AS TO FORM Title: AND LEGALITY: Date: Deputy Corporation Counsel 12 Date: 13 Print or Ty/e Name Notary5rfblic,State ofHawai’i ,,,Ynmission expires: ______ STATE OF HAWAI’I ) )SS: COUNTY OF HAWAI’I )/toOnbeforemeappeared me personally known,who,being by me duly sworn,did say that is the A0705 HILO,LP.a Hawai’i limited partnership;at the instrument was signed in behalf of the company by authority of its Board ofDir tors and acknowledged said instrument to be e free act and deed of said company. Signature 1(1 %(1 NOTiY CERTIFICATION Doc.Date: _____________________________ Notary Name: _____________________________ Doc.Description:Aff dable Housing Agreement,TMK:(3)-4-025:048,053,080 No.of Pages: _____ Circuit: ____________ / Notary Sigjature Date 14 ACKNOWLEDGMENT ....•11•••u••I ....UI••••••••••••1••••••••...u i..•i..•1••••••1•••••••I••i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of ORANGE}ss. On June 7.2022 before me,Cesar Delgado.Notary Public,personally appeared David H.Bigley,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person or the entity upon behalf of which the person acted,executed theinstrument. / l/éertifyunde PENALTY OF PERJURY under the laws of the State of California that the 1oregoing p agraph is true and correct. lTNand and official seal. ature . zQgeCou. 24 (seas) INSERT MAYOR’S NOTARY PAGE 15 Exhibit A.Map of parcel (3)2-4-025:048,053,080 16 Exhibit B.HHFDC 2019 Awards List E 17 Ex h i b i t C: Co u n t y o f AF F O R D A B L E HO U S I N G GU I D E L I N E S FO R TH E CO U N T Y OF HA W A I ’ I ‘ m Af f o r d a b l e Ho u s i n g Gu i d e l i n e s FO R - S A L E UN I T S GU I D E L I N E S (E f f o c i i v e 08 i 2 6 ’ 2 0 2 0 1 Th i s in f o r m a t i o n is ba s e d on 20 2 0 rn e o f a n in c o m e pc o v i d e d by HH F D C , ta s e d on th e ra t e s es t a t k s h e d by me U.S . 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