HomeMy WebLinkAboutKamehameha Schools Comments on Draft HCDPKAMEHAMEHA SCHOOLS
June 15, 2016
VIA EMAIL;
AND HAND DELIVERY
Mr. Duane Kanuha
Planning Director
County of Hawai `i Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawai `i 96720
E: hamakua@hawaiicounty.gov
RE: Comments from Kamehameha Schools to:
Draft Hamakua Community Development Plan (Jan. 2016) (the "Draft HCDP'�
Dear Mr. Kanuha:
Kamehameha Schools (KS) appreciates the opportunity to provide comments through the
community review process for the Hamakua Community Development Plan.
As a private charitable, educational trust endowed by the will of Princess Bernice Pauahi
Bishop, KS' mission is to create educational opportunities in perpetuity to improve the
capability and well-being of people of Hawaiian ancestry. Guided by its Vision 2040,
within 25 years, KS envisions a thriving Lahui in which learners achieve postsecondary
educational success that enables good life and career choices, and positions them to lead
and contribute to their communities, both locally and globally.
KS embraces traditional concepts to promote conservation, resource management, cultural
restoration, and the continued nurturing of our ancestral connections with the land. This
responsibility includes stewardship of 363,636 acres of land on Hawaii Island, Maui,
Molokai, Oahu and Kauai. Of that, over 358,000 acres of the trust's land is dedicated to
conservation and agriculture as KS strives to protect and enhance natural and cultural
resources. Just one percent of KS land is allocated for commercial real estate holdings.
Through an integrated network, KS serves over 6,900 students of Hawaiian ancestry at
K-12 campuses on Oahu, Maui and Hawaii island, and at 30 preschool sites statewide.
KS also reaches 40,000 additional learners annually through a range of programs and
567 SOUTH KING STREET, HONOLULU, HAWAII 96813 TELEPHONE (808)523-6380 Fax (808)541-5305
Founded and Endowed by the Legacy of Princess Bernice Pauahi Bishop
Mr. Duane Kanuha
Re: Comments from Kamehameha Schools to Draft HCDP (Jan. 2016)
June 15, 2016
Page 2 of 7
community collaborations. Approximately 98 percent of the support for KS' educational
programs comes from its endowment fund. Program tuition and fees are nominal, and the
majority of students are eligible for financial aid or merit -based scholarships.
To ensure that the endowment continues to provide educational opportunities in perpetuity,
KS practices prudent management of its trust. Driven by its new strategic plan, KS also
seeks to partner with entities that have mutual goals for the advancement and well-being of
Hawai`i's people, its systems and its lands.
KS respectfully submits the following
Development Plan for consideration by
"Steering Committee'.
1. General Comments
comments to the Draft Hamakua Community
the Hamakua CDP Steering Committee (the
1.1. Amend References to "Bishop Estate/Kamehameha Schools"
Pages 69, 72, and 88 of the Draft HCDP and the two references on page 103 of the
Hamakua Community Development Plan: Rationale (Jan. 2016) (the "Draft CDP
Rationale', refer to and use the term "Bishop Estate/Kamehameha Schools". KS requests
that all references in the Draft HCDP and the Draft CDP Rationale to "Bishop
Estate/Kamehameha Schools" be amended to read simply: "Kamehameha Schools".
1.2. Clarify Legal Enforceability of HCDP Absent Legislation
Over the years, the County has applied components of other adopted community
development plans with the same force and effect as law or administrative rules and
regulations. According to Section 15.1 of the General Plan, however, "... Community
Development Plans shall recommend amendments as appropriate to the codes, maps, or
administration and enforcement." (Emphasis added.). Furthermore, the focus of a
community development plan is to identify "courses of action" by district in greater detail
than the General Plan. Community development plans, like the Draft HCDP, are not
intended to be used, nor should they be used, in place of validly enacted or amended
statutes, county codes, or agency rules and regulations. The Draft HCDP, like all
community development plans, should identify specific codes, rules, or regulations for
appropriate and valid amendment to carry out the policies and objectives of the plans.
The Draft HCDP, like other community development plans, is robust with
statement of policy and proposed actions. KS is concerned that such a robust plan as the
Mr. Duane Kanuha
Re: Comments from Kamehameha Schools to Draft HCDP (Jan. 2016)
June 15, 2016
Page 3 of 7
Draft HCDP, in light of prior practice, will create uncertainty over the legal rights of
private landowners and the valid exercise of County powers over land use decisions and
regulations. To the extent that the Draft HCDP recommends regulatory actions, KS seeks
the Steering Committees confirmation that the Draft HCDP will not be enforced in lieu of
validly enacted or amended statutes or county codes.
1.3. Clarification to Force and Effect of "Accessory" Documents
A related issue is the function of the Draft HCDP's "accessory" documents, which
KS understands will be considered part of the Draft HCDP once adopted. Any accessory
documents, like the Draft HCDP, similarly should not be used or enforced in place of
validly enacted or amended statutes or county codes. To avoid any doubt, KS requests that
there be inserted in the Draft HCDP, Rationale Document, and all accessory documents a
clear and conspicuous statement that any such documents were not adopted, and have no
force or effect, as validly enacted law rule or regulation.
1.4. Clearly Define K6kua Actions
Section 1.8.3 of the Draft HCDP defines K6kua Actions as being "not the
responsibility of the County but are other governmental (Federal or State), or
nongovernmental organizations' responsibility". The definition of K6kua Actions strongly
implies that nongovernmental organizations have agreed, are committed, or are somehow
responsible for undertaking a K6kua Action. However, KS understands any such actions
to be aspirational, and completely within the discretion of any nongovernmental
organization to take or refrain from taking. To avoid any confusion and eliminate any
doubt, KS recommends revising the definition of K6kua Actions in Section 1.8.3 to affirm
that all K6kua Actions are merely proposed by the County, that they are non-binding, are
aspirational only, and are not endorsed by the nongovernmental organizations referenced.
This will clarify for audiences reading the Draft HCDP that K6kua Actions are not binding
requirements or promises of any nongovernmental organization to provide public uses or
benefits under the Draft HDCP, but rather examples of proposed collaborations that the
County may pursue.
2. Section 4.8.4 County Actions (p. 68); Policy 50
Policy 50 provides that:
Where possible through permit conditions, easements, or
acquisitions, the County of Hawaii shall establish: public
Mr. Duane Kanuha
Re: Comments from Kamehameha Schools to Draft HCDP (Jan. 2016)
June 15, 2016
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access to and along the shoreline to significant historic sites,
public transit along the top of cliffs, streams, mauka trails,
facilities, and access to sites for gathering, hunting, and
other recreational purposes.
Policy 50 does not cite the applicable statute or ordinance under which the County
will impose such conditions or acquire easements for public access to the following areas;
streams, mauka trails, facilities, and access to sites for gathering, hunting, and other
recreational purposes.
As discussed above and identified in comment 1.2, the intent of the Draft HCDP is
to recommend amendments to applicable statutes and codes in order to legally implement
the policies proposed. KS requests that the specific statutes or ordinances that the County
seeks to amend to effect the goals and objectives of Policy 50 be expressly identified in the
Draft HCDP.
3. Section 4.2.4 County Actions (p. 54); Policy 19
Policy 19 provides:
Amend Planning Department Rule 11 to establish shoreline
setbacks for the Hamakua CDP Planning Area at the
earliest stages of the land use planning and development
process. The minimum shoreline setback from the top of cliff
shall be either:
a) No less than the height of the slope (cliff, or pali) (1:1
horizontal to vertical). In cases where the height of the slope
is less than 40 feet, a minimum 40 foot setback shall apply;
or,
b) A minimum of 40feet, plus a safety buffer determined by a
coastal erosion study conducted by a licensed engineer,
including a cliff stability analysis and/or a geological
analysis.
This shall only apply to properties that are located within the
SMA, and abutting or within five hundred feet of the
shoreline. For lots created (final subdivision approval or a
legal lot of record as determined by the Planning
Department) prior to the date of adoption of the Hdmdkua
Mr. Duane Kanuha
Re: Comments from Kamehameha Schools to Draft HCDP (Jan. 2016)
June 15, 2016
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CDP with an average lot depth of two hundred feet or less,
the shoreline setback line shall be 40 feet.
The development of a countywide coastal setback policy should take into account
the unique geologic, geographic, topographic, and coastal conditions along the Hamakua
coast. In addition, regarding setback regulations based on the proposed 1:1 horizontal to
vertical concept, more information and data is required to determine the efficacy and
implications of basing regulations on such concept. Moreover, Policy 19 raises additional
questions and comments, for example:
• Does Policy 19 apply to riparian or riverine areas? KS understands that the
County is working on a separate policy addressed to riverine setbacks. Policy
19 is unclear that the policy is meant only for coastal areas, and not both
coastal and riverine areas. To avoid potentially conflicting policies, the County
should include language in Policy 19 clarifying that the policy does not apply to
riparian or riverine areas, and should expressly limit its application to coastal
areas.
• Policy 19 provides two methods (i.e., methods A and B) for establishing the
setback. Policy 19, however, does not define who (or what agency) determines
which method is used and when one method should or would be used over the
other. The lack of definition creates uncertainty. For example, does the County
intend permit approval to be contingent on the use of the more restrictive
method ?
• Method A of Policy 19 is based on a 1:1 ratio of vertical cliff height to a
horizontal setback. The Draft HCDP Rationale does not support this specific
formula, and the County has not provided references to additional data
regarding this concept.
• KS understands the County is working on defining certain technical and
material terms affecting Policy 19 and other policies, such as "toe of slope" and
"top of Pali." Until these terms are defined, the implications and impact of
Policy 19 cannot be fully assessed. KS reserves the right to supplement its
comments to Policy 19 pending the County's finalization of such terms and
definitions.
Mr. Duane Kanuha
Re: Comments from Kamehameha Schools to Draft HCDP (Jan. 2016)
June 15, 2016
Page 6 of 7
• In the Draft HCDP Focus Discussions with the Hamakua community, the
public expressed support for the idea of coastal setbacks as a tool to limit "new
developments". However, there was no discussion or consideration of the
implications or impacts of Policy 19 on coastal property, its application to all
types of existing land use including agricultural, residential, cultural, historic
restoration, or whether such policy would actually accomplish the public's
desire to limit new development in the coastal area.
4. The Food Safety Modernization Act (FSMA)
The Food Safety Modernization Act (FSMA) was signed into law in January 2011,
and authorizes the U.S. Food and Drug Administration (FDA) to take a preventive
approach to food safety. This new approach to food safety includes the authority to
establish first-time food safety requirements for farms producing fruits and vegetables,
among other requirements, for participants across the food supply chain. The FSMA Rules
applying to produce and harvesting were released in November 2015. At the public
outreach, regarding the Draft HCDP Agriculture Focus Discussion, held on May 18, 2016,
local farmers and ranchers informed the County Planning Department that they were
struggling to comply with the FSMA requirements relating to clean water and use of
approved post-harvest processing facilities.
The Draft HCDP has no policies designed to support farmers, landowners, or
businesses struggling with complying with recently enacted FSMA requirements. State
agencies and local farmers are still adapting to the new federal rules, and waiting for future
guidance documents to provide an exact path toward compliance. To accommodate the
ever-changing federal regulatory landscape, and to address the economic impacts of
changing regulations on farmers, landowners, and businesses, the Draft HCDP should
incorporate policies that promote flexibility and collaboration between the public and
private sector as -needed to support the agriculture in Hamakua and address the
community's needs during this transition period.
KS suggested policies that:
• Support farmers, landowners, and businesses as they establish Current
Good Manufacturing Practices and Good Agricultural Practices in
compliance with State and Federal food safety laws.
• Cooperate with appropriate State and Federal agencies and the private
sector to develop, improve and expand access to facilities designed for
Mr. Duane Kanuha
Re: Comments from Kamehameha Schools to Draft HCDP (Jan. 2016)
June 15, 2016
Page 7 of 7
harvesting, packing and holding agricultural commodities in compliance
with the Food Safety Modernization Act.
• Support landowners interested in subdividing, leasing, and improving
agricultural lands to promote compliance with State and Federal food safety
laws.
KS reserve its right to amend or supplement this or any letter, comment, or question
and to comment on and participate in the development of any subsequent plan, report,
document, action, or activity undertaken in connection with the Draft HCDP.
If you would like to arrange a meeting to discuss any of the matters or issues raised
in this letter, I can be reached at (808)982-0832 and alslave@ksbe.edu.
Sincerely,
Allen A. SALAVE`A
Planning and Entitlements Manager
Kamehameha Schools Community Engagement & Resources Group
cc: Albert Nahale-a, Sr. Director KS, CE&R
Marissa Harman, Director KS, CE&R
Aaron Hirano, Director KS, CE&R
Brandi Beaudet, Director KS, CE&R