Articles:
1. General Provisions
2. Special Management Area
3. Objectives and Policies, Review and Procedural Guidelines
4. Significance Criteria and Procedures
5. Permit Processing Procedures
6. Prohibitions
7. Exemptions
8. Penalties
9. Enforcement
10. Appeals
11. Rules
12. Severability
Appendices:
25-1 Special Management Area Use Permit and Shoreline Variance Resolutions
25-2 Special Management Area Maps
Article 1. General Provisions
Sections:
25-1.1 Authority.
25-1.2 Purpose.
25-1.3 Definitions.
Sec. 25-1.1 Authority.
Pursuant to authority conferred by HRS Chapter 205A, the regulations and procedures hereinafter
contained are established and shall apply to all lands within the special management
area of the City and County of Honolulu. (Sec. 33-1.1, R.O. 1978 (1987
Supp. to 1983 Ed.))
Sec. 25-1.2 Purpose.
It is the City and County of Honolulu's policy to preserve, protect, and
where possible, to restore the natural resources of the coastal zone of Hawaii.
Special controls on development within an area along the shoreline are necessary to
avoid permanent loss of valuable resources and foreclosure of management options, and to
insure that adequate public access is provided to public owned or used beaches,
recreation areas, and natural reserves, by dedication or other means. It is also
the policy of the city and county to avoid or minimize damage to
natural or historic special management area wetlands wherever prudent or feasible; to require
that activities not dependent upon a wetland location be located at upland sites;
to allow wetland losses only where all practicable measures have been applied to
reduce those losses that are unavoidable and in the public interest. (Sec. 33-1.2,
R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 93-74)
Sec. 25-1.3 Definitions.
Whenever the following words are used in this chapter, they shall have the
meaning ascribed to them in this section. These definitions are intended to clarify
but not replace or negate the definitions used in HRS Chapter 205A.
"Agency" means the department of planning and permitting, City and County of Honolulu.
"Applicant" includes any individual, organization, partnership, firm, association, trust, estate or corporation including
any utility, and any agency of federal, state and county government.
"City and county" means the City and County of Honolulu.
"Council" means the city council of the City and County of Honolulu, which
body shall act as the "authority" under HRS Chapter 205A.
"Crops" means agricultural produce or part(s) of plants or trees cultivated for commercial
or personal use.
"Development" means any of the uses, activities or operations on land; in or
under water, within the special management area that are included below, but not
those uses, activities, or operations excluded in paragraph (2).
(1) "Development" includes but is not limited to the following:
(A) The placement or erection of any solid material or any gaseous, liquid, solid
or thermal waste;
(B) Grading, removing, dredging, mining or extraction of any materials;
(C) Change in the density or intensity of use of land, including but not
limited to the division or subdivision of land;
(D) Change in the intensity of use of water, ecology related thereto, or of
access thereto; and
(E) Construction, reconstruction, demolition or alteration of the size of any structure.
(2) "Development" does not include the following:
(A) Construction of a single-family residence that is not part of a larger development;
(B) Repair or maintenance of roads and highways within existing rights-of-way;
(C) Routine maintenance dredging of existing streams, channels and drainageways;
(D) The repair and maintenance of underground utility lines, including but not limited to
water, sewer, power and telephone and minor appurtenant structures such as pad mounted
transformers and sewer pump stations;
(E) Zoning variances, except for height, density, parking and shoreline setback;
(F) Repair, maintenance or interior alterations to existing structures;
(G) Demolition or removal of structures, except those structures located on any historic site
as designated in national or state registers;
(H) The use of any land for the purpose of cultivating, planting, growing and
harvesting of plants, crops, trees and other agricultural, horticultural or forestry products or
animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural
purposes subject to review by the authority in accordance with paragraph (3);
(I) The transfer of title to land;
(J) The creation or termination of easements, covenants or other rights in structures or
land;
(K) The subdivision of land into lots greater than 20 acres in size;
(L) The subdivision of a parcel of land into four or fewer parcels when
no associated construction activities are proposed; provided, that any such land which is
so subdivided shall not thereafter qualify for this exception with respect to any
subsequent subdivision of any of the resulting parcels;
(M) Installation of underground utility lines and appurtenant aboveground fixtures less than four feet
in height along existing corridors;
(N) Structural and nonstructural improvements to existing single-family residences including additional dwelling units, where
otherwise permissible; and
(O) Nonstructural improvements to existing commercial structures.
(3) Whenever the authority finds that any use, activity or operation excluded in paragraph
(2) is or may become part of a larger project, the cumulative impact
of which may have a significant environmental or ecological effect on the special
management area, that use, activity or operation shall be defined as "development" for
the purpose of this chapter.
(4) Whenever the authority finds that a use, activity or operation excluded in paragraph
(2) may have a significant environmental or ecological effect on the special wetlands
areas, that use, activity, or operation shall be defined as "development" for the
purposes of this chapter.
"Director" means the director of the department of planning and permitting, City and
County of Honolulu, or authorized subordinate.
"EIS" means an informational document prepared in compliance with the environmental quality commission's
rules and regulations implementing HRS Chapter 343.
"Emergency permit" means special management area emergency permit as defined in HRS Section
205A-22.
"Finding of no significant impact" means a determination based on an environmental assessment
that the subject action will not have a significant effect and, therefore, will
not require the preparation of an environmental impact statement.
"Historic wetlands" are wetlands which have been in existence for 50 years or
longer.
"Minor permit" means special management area minor permit as defined in HRS Section
205A-22.
"Natural wetlands" are those wetlands not created by a human activity.
"Person" means any individual, organization, partnership, firm, association, trust, estate, public or private
corporation, the state or any of its political subdivisions, or any other legal
entity.
"Restoration" means a human activity that returns a wetland or former wetland from
a disturbed or altered condition with lesser acreage or functions.
"Shoreline" means the upper reaches of the wash of the waves, other than
storm and tidal waves, at high tide during the season of the year
in which the highest wash of the waves occurs, usually evidenced by the
edges of vegetation growth or the upper limit of debris left by the
wash of the waves.
"Shoreline management permit" shall also mean special management area use permit.
"Shoreline survey" means a survey map showing the shoreline as determined by the
state board of land and natural resources in accordance with HRS Section 205A-42
and the rules adopted pursuant thereto.
"Special management area" means the land extending inland from the shoreline, as established
in this chapter and delineated on the maps established by the council and
filed with the council and agency pursuant to HRS Section 205A-23.
"Special management area minor permit" means an action by the agency authorizing development,
the valuation of which is not in excess of $125,000.00 and which has
no substantial adverse environmental or ecological effect, taking into account potential cumulative effects.
"Special management area use permit" means an action by the authority authorizing development,
the valuation of which exceeds $125,000.00 or which may have a substantial adverse
environmental or ecological effect, taking into account potential cumulative effects.
"Special wetland area" means that area that is both:
(1) Within the SMA; and
(2) In or within 300 feet of a natural or historic wetland.
"Structure" includes, but is not limited to, any building, road, pipe, flume, conduit,
siphon, aqueduct, telephone line and electrical power transmission tower and distribution line.
"Valuation" shall be determined by the agency and means the estimated cost to
replace the structure in kind, based on current replacement costs, or in the
cases of other development, as defined in this section, the fair market value
of the development.
"Wetland" means an area possessing three essential characteristics:
(1) Hydrophytic vegetation;
(2) Hydric soils; and
(3) Wetland hydrology,
as defined in the "Corps of Engineers Wetlands Delineation Manual," January 1987. Wetlands
shall also include ponds and mudflats, which while possessing hydric soils and wetland
hydrology, may not have the commonly required hydrophytic vegetation. For the purposes of
this chapter, only natural or historic wetlands are included within the protected group
of wetlands.
(Sec. 33-1.3, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 93-74, 96-58,
00-11)
Article 2. Special Management Area
Sections:
25-2.1 Adoption.
25-2.2 Included area.
25-2.3 Wetlands.
Sec. 25-2.1 Adoption.
(a) The special management area, as established by the council in this chapter and
shown on the special management area maps, which maps are hereby adopted and
made a part of this chapter and filed with the council on the
effective date of this chapter, shall be the city and county's official special
management area to be administered and enforced by the director under the provisions
of this chapter.
(b) This chapter shall apply to all development that would affect natural or historic
wetlands in the City and County of Honolulu, regardless of the size of
the wetland.
(Sec. 33-2.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 93-74)
Sec. 25-2.2 Included area.
The special management area shall include those areas of the island of Oahu
so designated on the maps; the islands within three miles offshore of Oahu,
including but not limited to those islands shown on the maps; and the
northwestern Hawaiian Islands, which include Nihoa, Necker Island, French Frigate Shoals, Gardner Pinnacles,
Maro Reef, Laysan Island, Lisianski Island, Pearl and Hermes Atoll and Kure Atoll.
(Sec. 33-2.2, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 25-2.3 Wetlands.
(a) The definition and delineation of wetlands shall be based upon:
(1) The "Corps of Engineers Wetlands Delineation Manual," January 1987. The definition shall incorporate
the three essential technical criteria of wetlands:
(A) Hydrophytic vegetation;
(B) Hydric soils; and
(C) Wetland hydrology;
and
(2) Also included within the city's definition of wetland areas are ponds and mudflats,
which while possessing hydric soils and wetland hydrology may not have the commonly
required hydrophytic vegetation.
(b) Representatives of the department of land and natural resources, U.S. Army Corps of
Engineers, U.S. Fish and Wildlife Service, and/or other applicable agencies will be contacted
for assistance in identifying the extent and functional values of wetlands.
(c) The publication "Classification of Wetlands and Deepwater Habitats of the United States" (Cowardin
et al., 1979) and the U.S. Fish and Wildlife Service National Wetlands Inventory
Maps (1978), submergent aquatic vegetation inventories, infrared aerials and property appraiser aerials shall
be utilized for general identification of wetlands within the SMA. It is recognized,
however, that such graphic sources do not depict the full extent of wetland
delineations and function characteristics. Wetlands shall be identified by survey by the applicant
for a special management area permit at the time of the permit application
on a site-by-site basis.
(Added by Ord. 93-74)
Article 3. Objectives and Policies, Review and Procedural Guidelines
Sections:
25-3.1 Objectives and policies.
25-3.2 Review guidelines.
25-3.3 Procedural guidelines.
Sec. 25-3.1 Objectives and policies.
The objectives and policies of this chapter shall be those contained in HRS
Section 205A-2. (Sec. 33-3.1, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 25-3.2 Review guidelines.
The following guidelines shall be used by the council or its designated agency
for the review of developments proposed in the special management area.
(a) All development in the special management area shall be subject to reasonable terms
and conditions set by the council to ensure that:
(1) Adequate access, by dedication or other means, to publicly owned or used beaches,
recreation areas and natural reserves is provided to the extent consistent with sound
conservation principles;
(2) Adequate and properly located public recreation areas and wildlife preserves are reserved;
(3) Provisions are made for solid and liquid waste treatment, disposition and management which
will minimize adverse effects upon special management area resources; and
(4) Alterations to existing land forms and vegetation; except crops, and construction of structures
shall cause minimum adverse effect to water resources and scenic and recreational amenities
and minimum danger of floods, landslides, erosion, siltation or failure in the event
of earthquake.
(b) No development shall be approved unless the council has first found that:
(1) The development will not have any substantial, adverse environmental or ecological effect except
as such adverse effect is minimized to the extent practicable and clearly outweighed
by public health and safety, or compelling public interest. Such adverse effect shall
include, but not be limited to, the potential cumulative impact of individual developments,
each one of which taken in itself might not have a substantial adverse
effect and the elimination of planning options;
(2) The development is consistent with the objectives and policies set forth in Section
25-3.1 and area guidelines contained in HRS Section 205A-26;
(3) The development is consistent with the county general plan, development plans and zoning.
Such a finding of consistency does not preclude concurrent processing where a development
plan amendment or zone change may also be required.
(c) The council shall seek to minimize, where reasonable:
(1) Dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough
or lagoon;
(2) Any development which would reduce the size of any beach or other area
usable for public recreation;
(3) Any development which would reduce or impose restrictions upon public access to tidal
and submerged lands, beaches, portions of rivers and streams within the special management
area and the mean high tide line where there is no beach;
(4) Any development which would substantially interfere with or detract from the line of
sight toward the sea from the state highway nearest the coast; and
(5) Any development which would adversely affect water quality, existing areas of open water
free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats,
or potential or existing agricultural uses of land.
(Sec. 33-3.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 93-74)
Sec. 25-3.3 Procedural guidelines.
(a) All development within the special management area shall be subject to review by
the agency under the provisions of this chapter. Such review shall be pursuant
to the objectives, policies and guidelines set forth herein.
(b) Consultation. Any applicant contemplating development within the special management area shall contact the
agency for information regarding procedures and general information which may have a direct
influence on the applicant's proposed development.
(c) Assessment Requirements for Special Management Area Use Permits.
(1) Any proposed development within the special management area requiring a special management area
use permit shall be subject to an assessment by the agency in accordance
with the procedural steps set forth in HRS Chapter 343. The director may
allow the assessment to be conducted concurrently with the processing of the application
for a special management area use permit.
(2) The director may waive the requirements of subdivision (1) for any proposed development
which has been assessed under the National Environmental Policy Act or under HRS
Chapter 343, and for which a finding of no significant impact has been
filed or a required EIS has been accepted.
(d) Review Criteria. The director shall review the proposal based on the following criteria:
(1) The valuation or fair market value of the
development; and
(2) The potential effects and the significance of each effect according to the significance
criteria established by Section 25-4.1.
(e) Determination.
(1) The director shall declare a development proposal exempt where the director finds that
the proposal is not defined as development under Section 25-1.3.
(2) The director shall issue a special management area minor permit where the director
finds that the development proposal:
(A) Has a valuation or fair market value not in excess of $125,000.00; and
(B) Will not significantly affect the special management area and/or special wetland area.
The director shall grant, grant with conditions or deny an application for a
minor permit within 45 days of receipt of a completed application.
(Sec. 33-3.3, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 93-74, 00-11)
Article 4. Significance Criteria and Procedures
Sections:
25-4.1 Significance criteria.
25-4.2 Procedures.
Sec. 25-4.1 Significance criteria.
In reviewing and assessing the significance of a development, the director shall confine
the director's criteria to the objectives, policies and guidelines in Article 3 of
this chapter. (Sec. 33-4.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord.
00-11)
Sec. 25-4.2 Procedures.
In processing an environmental assessment or environmental impact statement, the director shall adhere
to the procedures set forth in HRS Chapter 343, and the regulations adopted
thereunder by the environmental quality commission. In the event that a development is
not subject to the chapter, but the director requires an EIS, filing shall
be with the agency. (Sec. 33-4.2, R.O. 1978 (1987 Supp. to 1983 Ed.);
Am. Ord. 00-11)
Article 5. Permit Processing Procedures
Sections:
25-5.1 Required materials.
25-5.2 Acceptance.
25-5.3 Public hearings.
25-5.4 Agency recommendation.
25-5.5 Action by council.
Sec. 25-5.1 Required materials.
(a) When a proposed development requires a special management area minor permit, an applicant
for development within the special management area shall be responsible for submitting the
following to the agency:
(1) A completed application form (to be obtained from the agency);
(2) A tax map key identification of the property on which the applicant proposes
development;
(3) A plot plan of the property, drawn to scale;
(4) A written description of the proposed development, a statement of the objectives of
the development, and an estimate of the valuation of the development;
(5) A shoreline survey if the parcel abuts the shoreline, unless the proposed development
is located inland of the waiver line established as provided in rules adopted
by the director pursuant to HRS Chapter 91;
(6) Any other relevant plans or information pertinent to the analysis of the development
required by the agency; and
(7) An application fee according to the schedule set forth in subsection (c).
(b) When a proposed development requires a special management area use permit, an applicant
for development within the special management area shall be responsible for submitting the
following to the agency:
(1) A completed application form (to be obtained from the agency);
(2) The items set forth in subsections (a)(2) through -(7);
(3) A written description of the affected environment which addresses the development's technical and
environmental characteristics;
(4) Additional information that may be needed by the agency for determining the impacts
of the proposed development on special wetland areas; and
(5) (A) If the director allows concurrent processing of the assessment required by Section 25-3.3(c)(1)
and the application for the permit, a copy of either a draft environmental
assessment or a draft environmental impact statement preparation notice.
(B) If the director does not allow concurrent processing of the assessment required by
Section 25-3.3(c)(1) and the application for the permit, a copy of either the
final environmental assessment for which a finding of no significant impact has been
issued, or a completed and accepted EIS.
(c) The application fee required by this section shall be as set forth in
the following schedule. Application fees are not refundable and shall be waived for
public agency projects.
(1) Special management area use permit application for agriculture, aquaculture or outdoor recreation developments $300.00
(2) Special management area use permit application for all other developments $600.00
plus an additional $300.00 per acre or major fraction thereof, up to a
maximum of $10,000.00
(3) When a minor permit application is submitted for processing, the application fee shall
be $100.00.
(4) When a special management area use permit or minor permit application is submitted
subsequent to the applicant's being cited for undertaking development without having obtained the
necessary permit, the application fee set forth above shall be doubled.
(Sec. 33-5.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 99-31, 00-11,
03-12)
Sec. 25-5.2 Acceptance.
Upon compliance with the foregoing procedures, the director shall notify the applicant for
a special management area use permit by certified mail within 10 days of
receipt of an application that either: (1) the application has been accepted; or
(2) the application will be accepted within 10 days of completion of the
assessment required by Section 25-3.3(c)(1), as determined by either the issuance of the
finding of no significant impact or the acceptance of a final EIS. Upon
acceptance of the application, the director shall also concurrently provide the council with
a notice including the date of acceptance of the application and a brief
description of the proposal contained in the application. (Sec. 33-5.2, R.O. 1978 (1987
Supp. to 1983 Ed.); Am. Ord. 00-11)
Sec. 25-5.3 Public hearings.
(a) The agency, pursuant to powers of delegation given to the city council under
HRS Chapter 205A, shall hold a public hearing on the application for a
special management area use permit at a date set no less than 21
nor more than 60 calendar days after the date on which the application
is accepted, unless the 60-day period is waived by the applicant. The agency
shall give adequate notice to the pertinent neighborhood boards, the owners of all
property within 300 feet of the affected property as well as to all
owners of all property described in the application. The agency shall give written
notice, once in a newspaper of general circulation in the county and once
in a newspaper of general circulation in the state, at least 20 calendar
days in advance. The notice shall state the nature of the proposed development
for which a permit application is made and of the time and place
of public hearings.
(b) The public hearing shall be held in the area in which the development
is proposed. Whenever possible, the public hearing shall be held jointly and concurrently
with any other hearing required for the same development.
(Sec. 33-5.3, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 00-11)
Sec. 25-5.4 Agency recommendation.
The agency shall transmit its findings and recommendations on the application for a
special management area use permit to the city council for its consideration and
decision within 10 working days of the close of the public hearing, unless
the assessment required by Section 25-3.3(c)(1) has not been completed, in which case
the deadline for transmitting the findings and recommendations to the city council shall
be within 10 working days of either the issuance of the finding of
no significant impact or the acceptance of a final EIS. This transmittal deadline
may be extended if agreed to by the applicant. (Sec. 33-5.4, R.O. 1978
(1987 Supp. to 1983 Ed.); Am. Ord. 00-11)
Sec. 25-5.5 Action by council.
The council shall grant, grant with conditions, or deny any application for a
special management area use permit within 60 calendar days after receipt of the
agency's findings and recommendations thereon. The applicant may request, and the council may
approve, an extension of time if the request is made in writing and
approved prior to the requested effective date of the extension. (Sec. 33-5.5, R.O.
1978 (1987 Supp. to 1983 Ed.); Am. Ord. 00-11)
Article 6. Prohibition
Sections:
25-6.1 Permit required.
25-6.2 Permit to precede other permits.
Sec. 25-6.1 Permit required.
No development or structure shall be constructed within the special management area without
first obtaining a special management area use permit, a minor permit or being
exempted pursuant to the provisions of this chapter. (Sec. 33-6.1, R.O. 1978 (1987
Supp. to 1983 Ed.))
Sec. 25-6.2 Permit to precede other permits.
No agency authorized to issue permits pertaining to any development within the special
management area established by this chapter shall authorize any development unless approval is
first received pursuant to the provisions of this chapter. For purposes of this
section, county general plans, development plans, state land use district boundary amendments and
zoning changes are not permits. (Sec. 33-6.2, R.O. 1978 (1987 Supp. to 1983
Ed.))
Article 7. Exemptions
Sections:
25-7.1 Emergency permits.
Sec. 25-7.1 Emergency permits.
(a) In cases of emergency repairs to existing public utilities including, but not limited
to, flood control structures, water, sewer, gas and electric transmission lines and highways,
the respective governmental agency or public utility company is exempt from obtaining a
special management area use permit pursuant to the requirements of this chapter. Two
reports on such repair projects shall be recorded with the agency, one within
three days after the start of the project and the other upon its
completion.
(b) In the event an impending disaster or disaster has been declared under Chapter
41, Article 11, ROH 1990, as amended, or under HRS Chapters 127 and
128, the requirements of this chapter shall be waived.
(Sec. 33-7.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 00-11)
Article 8. Penalties
Sections:
25-8.1 Civil fine.
25-8.2 Additional fines.
25-8.3 Additional penalties for special wetland areas.
Sec. 25-8.1 Civil fine.
Any person who violates any provision of this chapter shall, upon notice issued
pursuant to Section 25-9.1, be deemed to have committed a civil violation and
shall be subject to a civil fine not to exceed $10,000.00. (Sec. 33-8.1,
R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 25-8.2 Additional fines.
In addition to any other penalties, any person who performs any development in
violation of this chapter shall, upon notice issued pursuant to Section 25-9.1, be
deemed to have committed a civil violation and shall be subject to a
civil fine not to exceed $500.00 a day for each day in which
such violation persists. (Sec. 33-8.2, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 25-8.3 Additional penalties for special wetland areas.
In the event of a violation of the wetlands rules adopted pursuant to
this chapter, the director shall, when possible, and in consultation with U.S. Fish
and Wildlife Service and the U.S. Army Corps of Engineers, order wetland restoration
and creation measures for the damaged or destroyed wetland areas. (Added by Ord.
93-74)
Article 9. Enforcement
Sections:
25-9.1 Notice of violation and order.
25-9.2 Effect of order- Right to hearing.
25-9.3 Judicial enforcement of order.
25-9.4 Judicial enforcement of chapter.
25-9.5 Nonexclusiveness of remedies.
25-9.6 Involuntary revocation or modification of permits.
25-9.7 Voluntary revocation or modification of permits.
Sec. 25-9.1 Notice of violation and order.
If the director determines that any person is violating any provision of this
chapter, any rule adopted thereunder or any permit issued pursuant thereto, the director
may have the person served, by mail or delivery, with a notice of
violation and order.
(a) Contents of the notice of violation. The notice shall include at least the
following information:
(1) Date of the notice;
(2) The name and address of the person noticed;
(3) The section number of the ordinance which has been violated;
(4) The nature of the violation; and
(5) The location and time of the violation.
(b) Contents of the Order.
(1) The order may require the person do any or all of the following:
(A) Cease and desist from the violation;
(B) Correct the violation at the person's own expense before a date specified in
the order;
(C) Pay a civil fine per recurring incident not to exceed $10,000.00 each, in
the manner, at the place and before the date specified in the order;
(D) Pay a civil fine not to exceed $1,000.00 per day for each day
in which the violation persists, in the manner and at the time and
place specified in the order, if the person has performed any development in
violation of this chapter;
(E) In the event of a violation of the wetlands rules adopted pursuant to
this chapter, the director shall have the power to order wetland restoration and
creation measures for the damaged or destroyed wetland area by the person or
agent responsible for the violation. If the responsible party does not complete such
measures within a reasonable time following the order, the city may restore the
affected wetland to its prior condition and create or restore other wetlands for
the purpose of offsetting losses sustained as a result of the violation. The
person or agent responsible for the original violation shall be liable to the
city for the cost of such actions.
To guide restoration and creation actions, the agency shall have the power to
order the violator to develop a plan as described in the rules adopted
pursuant to this chapter for the approval of the agency; or
(F) Appear before the director at a time and place specified in the order
and answer the charges specified in the notice of violation.
(2) The order shall advise the person of the finality of the order 20
days after the date of its mailing or delivery unless written request for
a hearing is mailed or delivered to the director within said 20 days.
(Sec. 33-9.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 93-74)
Sec. 25-9.2 Effect of order--Right to hearing.
(a) The provisions of the order issued by the director under Section 25-9.1 shall
become final 20 days after the date of the mailing or delivery of
the order unless within those 20 days the person subject to the order
requests in writing a hearing before the director. The request for hearing shall
be considered timely if the written request is delivered or mailed and postmark
dated to the director within said 20 days.
(b) Upon receipt of the written request for hearing, the director shall specify a
time and place for the person subject to the order to appear and
be heard. The hearing shall be conducted by the director in accordance with
the provisions of HRS Chapter 91. Following said hearing, the director may affirm,
modify or rescind the order as in the opinion of the director may
be appropriate.
(Sec. 33-9.2, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 25-9.3 Judicial enforcement of order.
The director may institute a civil action in any court of competent jurisdiction
for the enforcement of any order issued pursuant to Sections 25-9.1 and 25-9.2.
Where the civil action has been instituted to enforce the civil fine imposed
by said order, the director need only show that notice of violation and
order was served, a hearing was held or the time granted for requesting
a hearing had expired without such a request, the civil fine imposed and
that the fine imposed has not been paid. (Sec. 33-9.3, R.O. 1978 (1987
Supp. to 1983 Ed.))
Sec. 25-9.4 Judicial enforcement of chapter.
The director may institute a civil action in any court of competent jurisdiction
for injunctive relief to prevent violation of any provision of this chapter, any
rule adopted thereunder or any permit issued pursuant thereto, in addition to any
other remedy provided for under this chapter. (Sec. 33-9.4, R.O. 1978 (1987 Supp.
to 1983 Ed.))
Sec. 25-9.5 Nonexclusiveness of remedies.
The remedies provided in this chapter for enforcement of the provisions of this
chapter, any rule adopted thereunder or any permit issued pursuant thereto shall be
in addition to any other remedy as may be provided by law. (Sec.
33-9.5, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 25-9.6 Involuntary revocation or modification of permits.
(a) A special management area use permit or a special management area minor permit
may be revoked or modified without the consent of the permittee for any
of the following reasons:
(1) The permit was granted in violation of HRS Chapter 205A or this chapter;
(2) A material breach of the terms of the permit has occurred;
(3) A material violation of HRS Chapter 205A or of this chapter following the
granting of the permit has occurred;
(4) A material mistake of fact or a material misrepresentation was made by the
permit applicant in the application or otherwise made by the applicant to the
agency or the council in relation to the permit application;
(5) A material mistake of fact was made by the council in the issuance
of the permit such that the findings required to be made by the
council as a prerequisite to the issuance of a permit under HRS Section
205A-26 and ROH Section 25-3.2(b) were erroneous; or
(6) A material change in circumstances has occurred following the issuance of the permit
that would cause the development, as approved and conditioned in the permit, to
pose a substantial threat to public health or safety, as determined by the
state department of health, the state department of labor, the U.S. Army Corps
of Engineers, the Surgeon General, the U.S. Environmental Protection Agency, the Occupational Safety
and Health Administration, the U.S. Coast Guard, or any other state or federal
agency having jurisdiction over the development or with respect to the type of
health or safety threat posed by the development.
(b) The revocation or modification of a special management area minor permit shall be
processed in accordance with rules adopted by the agency.
(c) The revocation or modification of a special management area use permit without the
consent of the permittee may be initiated by the agency pursuant to this
subsection or by the council pursuant to subsection (d), and, in the case
of a revocation or modification proposed by the agency, shall be processed as
follows:
(1) Upon determining that adequate reasons may exist under subsection (a) for the revocation
or modification of a special management area use permit, the agency shall hold
a public hearing on the proposed revocation or modification on a date set
no less than 21 nor more than 60 days following the date of
sending the notice to the permittee pursuant to subdivision (2).
(2) The permittee and any disclosed owner of record of the property that is
subject to the permit shall be given written notice by the agency of
the permit proposed to be revoked or modified (by council resolution number and
title, if any); the date, time, place and nature of the hearing; the
reasons for the proposed revocation or modification; and in the case of a
proposed modification, the nature of the modification proposed. The notice shall also contain
such other matters as are prescribed in HRS Section 91-9 with respect to
notice of contested case hearings. This notice shall be sent by registered or
certified mail with return receipt requested addressed to the permittee and disclosed owners
of record at the addresses stated in the application for a special management
area use permit or at addresses otherwise specified in a written request to
the agency from the permittee or such owners.
(3) The agency shall give written notice, once in a newspaper of general circulation
in the city and once in a newspaper of general circulation in the
state, at least 20, but not more than 60, calendar days in advance
of the hearing. The notice shall state the location of the affected property
by tax map parcel number or street address, or if neither exists, by
a general statement of its location. The notice shall also state the permit
being proposed to be revoked or modified (by council resolution number and title,
if any); the date, time, place and nature of the hearing; and the
reasons for the proposed revocation or modification; and, in the case of a
proposed modification, the nature of the modification proposed.
(4) Notice of the proposed permit revocation or modification containing the information set forth
in subdivision (3) shall be given by the agency to any pertinent neighborhood
boards and a good faith effort shall be made to give such notice
to the owners of all property within 300 feet of the affected property;
provided that if any such property is subject to condominium property regime, notice
shall be adequate if it is given to the association of apartment owners
of the condominium project.
(5) In conducting the hearing, the agency shall provide an opportunity to all parties
to provide evidence and argument on all issues involved. The agency may adopt
rules pursuant to HRS Chapter 91 with respect to the conduct of hearings
under this subsection.
(6) Following the hearing, the agency shall prepare a report thereon with its findings
and recommendations and, if the report recommends revocation or modification, submit the report
and a draft of a resolution to implement the recommendations of the report
to the council within 30 calendar days of the close of the public
hearing. For each of the reasons for proposed revocation or modification included in
the notice given under subdivision (2), the report shall state whether the evidence
presented at the hearing supported or did not support revocation or modification for
that reason. The report shall include a recommendation that the permit be revoked,
that the permit not be revoked, or that the permit be modified, and,
in the case of a proposed modification, the nature of the proposed modification.
(d) (1) The council may initiate the modification or revocation of a special management area
use permit by resolution.
(2) The resolution shall set forth the following:
(A) The permit being proposed to be modified or revoked, by council resolution number
and title, if any;
(B) The reasons for the proposed modification or revocation, stated in terms giving notice
as to which of the permissible reasons for modification or revocation set forth
in subsection (a) are applicable;
(C) In the case of a proposed modification, the nature of the proposed modification;
and
(D) A direction to the agency to process the proposed modification or revocation in
accordance with this section.
(3) After adoption of the resolution, the clerk shall transmit the resolution to the
agency for processing.
(4) Upon receiving the resolution, the agency shall conduct an initial investigation into the
reasons set forth in the resolution for modification or revocation of the special
management area use permit and, within 60 days of receipt of the resolution,
the agency shall give the permittee and any disclosed owner of record of
the property that is subject to the permit, written notice of a hearing
on the proposed modification or revocation. The notice shall meet the notice requirements
of subdivision (c)(2). The written notice shall include the reasons for the proposed
modification or revocation set forth in the resolution and, in addition, any other
or further reasons for modification or revocation the agency may have discovered, either
during its initial investigation or otherwise.
(5) The agency shall hold a public hearing on the proposed revocation or modification
on a date set no less than 21 nor more than 60 days
following the date of sending the notice to the permittee and others pursuant
to subdivision (4).
(6) The agency shall give written notice of the hearing, conduct the hearing, and
prepare a report on the hearing, all in accordance with the provisions of
subdivisions (c)(3), (4), (5) and (6). Notwithstanding subdivision (c)(6), the agency shall transmit
with the report a draft of a resolution to implement the recommendation of
the report, whether or not the report recommends revocation or modification of the
permit.
(e) The council may, by resolution, revoke, refuse or decline to revoke, or modify
the special management area use permit within 90 calendar days of receipt of
the agency's report and draft resolution; provided that any resolution for revocation or
modification of the special management area use permit shall require for its adoption
the affirmative vote of at least two-thirds of the entire membership of the
council. If the council fails to act within 90 calendar days of receipt
of the report and draft resolution, the permit shall be deemed not to
have been revoked or modified and the resolution shall be deemed to have
been filed; provided that, pursuant to a written request from the permittee, the
council may extend this 90-day period.
Following the filing or deemed filing of a resolution proposing the revocation or
modification of a special management area use permit, no further resolution may be
introduced proposing the revocation or modification of the same permit for the same
reasons that were stated in the resolution that has been filed, except that
a further resolution may be introduced, no earlier than six months following the
filing of the initial resolution, if a substantial change in circumstances has occurred
following the filing of the initial resolution that would cause the development, as
approved and conditioned in the permit, to pose a substantial threat to public
health or safety, as determined by the state department of health, the state
department of labor, the U.S. Army Corps of Engineers, the Surgeon General, the
U.S. Environmental Protection Agency, the Occupational Safety and Health Administration, the U.S. Coast
Guard or any other state or federal agency having jurisdiction over the development
or the type of health or safety threat posed by the development.
(f) The council may revoke or modify a permit pursuant to this section only
for one or more of the reasons specified in subsection (a). The council
shall, prior to revocation or modification of the permit, set forth written findings
of fact and conclusions of law justifying the revocation or modification. If the
council revokes a permit without the consent of the permittee based upon a
material mistake of fact or a material change in circumstances, it must first
find that the mistake or change in circumstances cannot be adequately addressed by
a reasonable modification to the permit. The findings and conclusions required under this
subsection may be incorporated into either the final resolution or a separate document
adopted by the council.
(g) Before a permit may be revoked or modified pursuant to this section, the
council must first have held a public hearing on the proposed revocation or
modification at which it has provided the permittee, any disclosed owner of the
subject property, and the agency an opportunity to provide oral testimony of not
less than one-half hour apiece. All other interested parties shall also be given
an opportunity to provide oral testimony in accordance with council rules. The permittee,
the agency, and other interested parties may provide additional oral testimony in accordance
with council rules at any council or council committee meetings at which the
revocation or modification may be considered. Written testimony may also be provided by
any interested party.
(h) In conjunction with the written notice of agency hearing, or by written request
from the council sent by registered or certified mail with postage prepaid and
return receipt requested sent at least 10 days in advance of the date
of the council public hearing, the agency or the council may request the
permittee to provide information at or before the agency hearing or the council
public hearing, respectively, relating to:
(1) The current status of all other permits or governmental approvals necessary for the
development approved by the special management area use permit;
(2) The status of the permittee's compliance with or progress toward compliance with any
conditions of the permit; and
(3) The level and timing of expenditures made by the permittee or others with
respect to various phases or aspects of the development.
The agency and the council shall be entitled to, but need not, rely
upon the accuracy of the information provided by the permittee in any action
or proceeding to modify or revoke the special management area use permit. If
the permittee fails or refuses to provide requested information, the agency or the
council, as the case may be, shall be entitled to find that there
has been no progress towards compliance with permit conditions or that no expenditures
have been made on the development.
(i) The corporation counsel shall, upon request of the agency or the council, advise
the agency or the council with respect to the extent to which the
permittee's rights to construct the development or a portion of the development may
be vested under law.
(j) Any expenditures made by the permittee or others on a development for which
a special management area use permit or a special management area minor permit
has been issued following:
(1) The receipt, by the party making the expenditure, of notice of the proposed
modification or revocation of the special management area use permit for the development;
or
(2) The first published notice of the agency hearing,
whichever first occurs, and prior to the adoption, filing or deemed filing of
the resolution proposing the modification or revocation, shall not be deemed an expenditure
made in good faith reliance upon the issuance of the permit for purposes
of determining whether development rights are vested.
(k) For purposes of this section, a "modification" to a permit includes, but is
not limited to, a modification to the plans for the development or a
modification to the conditions imposed upon the development in the permit.
(l) An owner of record of property shall be deemed to have been disclosed
if a permit applicant, permittee or the owner gave notice to the agency
of the owner's status either at the time of the permit application or
through a formal written notice to the agency of such ownership status at
least one week prior to the date on which the agency is required
to give notice to disclosed owners of record.
(Added by Ord. 95-12)
Sec. 25-9.7 Voluntary revocation or modification of permits.
(a) A special management area use permit or a special management area minor permit
may be revoked or modified at the request of the permittee in accordance
with this section.
(b) An application for the modification or revocation of a special management area minor
permit shall be processed in the same manner as an application for the
granting of a special management area minor permit; provided that the agency may
adopt rules pursuant to HRS Chapter 91 providing for processing of the application
for modification or revocation in a different manner.
(c) An application for the modification or revocation of a special management area use
permit initiated by the permittee shall be processed in the same manner as
an application for the granting of a special management area use permit; provided
that if a permit proposed for modification provides a different process for minor
modifications to the permit, that process may be followed for minor modifications.
(Added by Ord. 95-12)
Article 10. Appeals
Sections:
25-10.1 Appeal in accordance with state statute.
Sec. 25-10.1 Appeal in accordance with state statute.
If any person is aggrieved by the order issued by the director pursuant
to Sections 25-9.1 and 25-9.2, the person may appeal the order in the
manner provided in HRS Chapter 91; provided, that no provision of such order
shall be stayed on appeal unless specifically ordered by a court of competent
jurisdiction. (Sec. 33-10.1, R.O. 1978 (1987 Supp. to 1983 Ed.))
Article 11. Rules
Sections:
25-11.1 Wetlands rules.
Sec. 25-11.1 Wetlands rules.
The director may adopt rules pursuant to HRS Chapter 91 and not inconsistent
with the provisions of this chapter, relating to wetlands within the special management
area, including but not limited to, rules establishing standards for development and for
permits for development in special wetland areas; additional special management area permit application
requirements and review criteria relating to wetlands standards for nonconforming activities in special
wetland areas; standards for determining the existence and boundaries of special wetland areas;
additional penalties and enforcement provisions relating to violations of the wetlands rules or
special management area use permit conditions relating to wetlands, including standards for requiring
wetlands restoration or creation and alternatives thereto; and standards for inclusion of wetlands
conditions in special management area use permits. (Added by Ord. 93-74)
Article 12. Severability
Sections:
25-12.1 Invalid provisions.
Sec. 25-12.1 Invalid provisions.
If any provision of this chapter or the application thereof to any person
or circumstances is held invalid, the invalidity does not affect other provisions or
applications of conditions of this chapter which can be given effect without the
invalid provision or application, and to this end the provisions of this chapter
are severable. (Sec. 33-11.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Sec. 25-11.1,
R.O. 1990; Am. Ord. 93-74)
Appendix 25-1*
Special Management Area Use Permit
and Shoreline Variance Resolutions
Resolution:
88-102 Issued to State of Hawaii, department of transportation, a special management area use
permit to install an aviation fuel dispensing facility at Dillingham Airfield in Mokuleia.
4/13/88.
88-119 Issued to Hotel Kaimana, Inc., a special management area use permit to perform
exterior renovations to the existing hotel buildings located at 2863 Kalakaua Ave., in
Diamond Head. 4/13/88.
89-152 Granting a special management area use permit to State of Hawaii department of
accounting and general services for Phases IV and V of the Kapiolani Community
College master plan. 7/21/89.
89-206 Granting a special management area use permit for Maunalua Bay Estates, consolidation/resubdivision, and
construction of four single-family dwelling units. 7/12/89. (Amended by Resolution 90-193.)
89-225 Granting a special management area use permit for cluster housing project on Kaneohe
Bay to Thomas Metcalf, et al. 7/21/89.
89-233 Granting a special management area use permit for a batch treatment tank at
Kahe Generating Station to Hawaii Electric Co., Ltd. 6/21/89.
89-264 Granting a special management area use permit and a shoreline setback variance for
the Sand Island shore protection project to the department of land and natural
resources, State of Hawaii. 88/SV-7. 7/12/89.
89-337 Granting a special management area use permit for structures at Sunset Beach elementary
school to Hawaii state department of accounting and general services. 8/9/89.
89-354 Granting a special management area use permit for petroleum pipeline facilities at Barber's
Point harbor to Pacific Resources, Inc., Texaco Refining & Marketing, Inc., and Chevron
USA, Inc. 8/9/89.
89-374 Granting a special management area use permit for a Chevron gas station and
convenience store in Laie to Chevron USA. 9/20/89.
89-375 Granting a special management area use permit for an eight-lot subdivision at Pounder's
Bluff to Jeffrey R. Stone. 9/20/89.
89-440 Granting a special management area use permit to Donald W. and Judith A.
Moody to construct an eight-unit apartment building located at 715 Wailepo Place, Kailua.
10/11/89.
89-442 Granting a special management area use permit to Hawaii Pacific Industries to construct
a bulk cargo unloading and loading system at Pier 6, and a closed
conveyor system near Pier 6 at Barber's Point. 10/11/89.
89-443 Granting a special management area use permit to AES Barber's Point, Inc., to
construct approximately 1,000 linear feet of overland pipe conveyor adjacent to Barber's Point
harbor in Ewa. 10/11/89.
89-464 Granting a special management area use permit to Mr. and Mrs. Rudy Brilhante
to construct a cluster housing project located at 44-291 Kaneohe Bay Drive. 10/11/89.
89-491 Granting a special management area use permit to Kuilima Development Company to construct
a wedding pavilion at the Kuilima Resort in Kahuku. 11/8/89.
89-551 Granting a special management area use permit and shoreline variance to Hawaii community
development authority to develop park facilities, at Kewalo Basin. TMK: 2-1-58: 57, 61,
62, 70, 71, 75, 76, 87, pors. 1, 64, 77. 1/31/90.
89-570 Granting a special management area use permit to City and County of Honolulu,
department of public works, to construct a wastewater collection system within the Kahaluu
sewerage subdistrict. TMK: 4-7-var. 1/31/90.
90-9 Granting a special management area use permit to Hawaiian Electric Company, Inc., to
construct an overhead facilities training center at Kahe Generating Station. 92-200 Farrington Highway,
Waianae. 1/31/90.
90-10 Granting a special management area use permit to Maili Business Plaza, Inc., to
construct a self-service car wash facility at 87-800 Farrington Highway in Waianae. TMK:
8-7-23: 57. 2/14/90.
90-11 Granting a special management area use permit to Kaneohe Yacht Club to renovate
the existing yacht clubhouse in Kaneohe. 1/31/90.
90-90 Granting a special management area use permit to state department of transportation to
construct a 2.3-mile-long, two-lane highway to bypass Haleiwa Town. 6/26/90.
90-140 Granting a special management area use permit to state department of transportation, harbors
division, to construct a new comfort station and a trailer boat launching area
at Ala Wai Boat Harbor. 4/25/90.
90-147 Granting a special management area use permit and shoreline setback variance to city
department of public works to construct four overflow swales on beach rights-of-way along
Mokulua Drive in Lanikai. 4/25/90.
90-153 Granting a special management area use permit to Teruya Brothers, Ltd., to demolish
an abandoned service station and a neighborhood market and construct a new FASTOP
convenience store in Makaha. 4/25/90.
90-154 Granting a special management area use permit to state department of transportation to
fill and raise the northern portion of Keehi Boat Harbor; construct a floating
dock pathway connecting Piers 800, 900, and 1,000; raise the shoreward portions of
Piers 700, 800, 900, and 1,000; and pave the gravel parking areas located
at #4 Sand Island Access Road in Honolulu. 4/25/90.
90-193 Amending Resolution 89-206 to delete Condition F thereof and replace it with a
new Condition F. 12/5/90.
90-218 Granting a special management area use permit to city department of parks and
recreation to develop a park at the old CYO Camp site, including a
parking lot, comfort station, and other improvements in Laie. 5/23/90.
90-219 Granting a special management area use permit to Con-Fab Corporation to develop a
manufacturing and storage site for concrete products at Campbell Industrial Park. 9/12/90.
90-220 Granting a special management area use permit to Waianae Coast Comprehensive Health Center
to construct a new one-story mental health center adjacent to the existing Waianae
Coast Comprehensive Health Center in Waianae. 5/23/90.
90-224 Granting a special management area use permit to state department of Hawaiian home
lands to construct a gravity sewer collection system and a sewage pumping station
for Hawaiian home lands in Waimanalo. 5/23/90.
90-302 Granting a special management area use permit to Hans Reicke, FAIA, to construct
a 12,000-square-foot addition to an existing warehouse in Kalihi. 7/25/90.
90-303 Granting a special management area use permit to Chevron USA, Inc., to construct
a new maintenance workshop at Campbell Industrial Park. 10/3/90.
90-304 Granting a special management area use permit and shoreline setback variance to Keen
Jun Enterprises to construct a cluster housing development located at Waikalua. 12/5/90.
90-331 Granting a special management area use permit to Bridgestone/Firestone, Inc., for an automobile
tire store and repair shop in Pearl Kai. 7/25/90.
90-356 Granting a special management area use permit to Matson Terminals, Inc., for Matson
container yard improvements, including new cranes, located at Piers 52 and 53, Sand
Island Access Road. 8/8/90.
90-386 Granting a special management area use permit to state department of accounting and
general services for expansion of existing film facility located at Diamond Head. 10/3/90.
90-388 Granting a special management area use permit to Thomas Square Development, Inc., to
demolish an existing structure and develop a neighborhood convenience shopping center consisting of
four commercial buildings and parking located in Makaha. 1/30/91.
90-405 Granting a special management area use permit and shoreline setback variance to state
department of transportation to construct a canoe racing facility, including a raised judge's
pavilion, elevated spectators' area, additional parking, etc., at Keehi Lagoon Park in Kalihi.
9/12/90.
90-408 Granting a special management area use permit to Windward Park, Inc., to construct
a 35-tee golf driving range with chipping and putting areas, snack bar/pro shop,
and supporting infrastructure located at the corner of Kalanianaole Highway and Kapaa Quarry
Road in Kailua. 12/5/90.
90-418 Granting a special management area use permit to city department of parks and
recreation to construct a lanai addition to an existing bathhouse/recreation building located at
Swanzy Beach Park in Kaaawa. 10/3/90.
90-426 Granting a special management area use permit to Oceanic Institute to construct a
center for applied aquaculture located in Waimanalo. 10/3/90.
90-432 Granting a special management area use permit to Marisco, Ltd., to construct a
ship repair facility at Barber's Point Harbor in Ewa. 10/3/90.
90-433 Granting a special management area use permit and shoreline setback variance to Pacific
Atlas (Hawaii), Inc., to construct Phase 1 of Bay View Golf Course improvements,
consisting of work on golf fairways and clubhouse and realignment of Kawa Stream
at Waikalua, Kaneohe. 10/3/90.
90-452 Granting a special management area use permit to city department of public works
to open a 10,000-foot waterway in the interior of Kawai Nui Marsh and
construct a vegetation/sediment handling area located at Kawai Nui Marsh in Kailua. 10/17/90.
90-484 Granting a special management area use permit to Chevron USA, Inc., to demolish
an existing service station and construct a new service station and car wash
facility in Aiea. 12/5/90.
90-518 Granting a special management area use permit and a shoreline setback variance to
Hawaii Property Management, Inc., to remove mounds of debris, construct two drainage ditches,
and establish two new plant sanctuaries at Campbell Industrial Park. 12/5/90.
90-524 Granting a special management area use permit to F. T. Opperman, et al.,
to construct a new 16-lot subdivision and 32-foot-wide road right-of-way in Waialua. 1/30/91.
90-526 Granting a special management area use permit to state department of land and
natural resources to construct infrastructure improvements located at Sand Island. 12/5/90.
90-558 Granting a special management area use permit to city department of parks and
recreation to construct a parking lot, landscaping, irrigation systems, walkways, and vehicular barriers
located at Ehukai Beach Park. 1/30/91.
90-559 Granting a special management area use permit to Pohakapu Partners to develop a
subdivision on a 2.627-acre parcel into 15 residential lots and to construct a
roadway access located in Kailua. 8/7/91.
90-560 Granting a special management area use permit to Kihapai Partners for demolition of
two residential structures and construction of a four-story, 11-unit apartment building located in
Kailua. 1/30/91.
90-561 Granting a special management area use permit to Hawaiian Electric Company, Inc., to
construct a 46,000 kilovolt (kV) alternating current transmission substation in Kalihi. 1/30/91.
91-07 Granting a special management area use permit and shoreline setback variance to state
department of transportation to expand the general aviation area, realign Lagoon Drive, extend
the existing water, sewer, and drainage systems and develop an airport training center
at Honolulu International Airport. 1/30/91.
91-08 Granting a special management area use permit to Hanumantha Sanjeevi to establish a
seven-lot residential subdivision along Kamehameha Highway in Hauula. 1/30/91.
91-22 Granting a special management area use permit to Hawaiian Electric Company, Inc., to
construct 4.5 miles of 138 kilovolt (kV) electric transmission lines and new steel
poles and other related work between the Waiau Power Plant and the Makalapa
Substation. 8/7/91.
91-85 Granting a special management area use permit to state department of transportation to
construct two perimeter service roads located on runway grounds of Honolulu International Airport.
4/10/91.
91-91 Granting a special management area use permit to Sea-Land Service, Inc., to construct
improvements to Sea-Land Service, Inc., including a new office building, gate house, and
guardhouse, at Pier 51-A in Honolulu. 4/10/91.
91-148 Granting a special management area use permit to city department of housing and
community development to expand the existing Kahuku Wastewater Treatment Plant by constructing a
new secondary treatment unit and other improvements in Kahuku. 7/24/91.
91-149 Granting a special management area use permit to Craig Kobayashi for construction of
two additional dwelling units, for a total of four single-family dwellings located on
a lot in Waialua. 8/7/91.
91-162 Granting a special management area use permit to Mr. and Mrs. David Cole
to construct a five-unit cluster housing development in Kailua. 9/11/91.
91-164 Granting a special management area use permit to Shell Oil Company to demolish
an existing service station and construct a new service station and car wash
at 98-135 Kamehameha Highway located in Waimalu. 9/11/91.
91-169 Granting a special management area use permit to state department of transportation for
improvements and expansion of existing fire fighting station, construction of a new truck
reservicing facility and parking lot located at the end of Lagoon Drive within
the Honolulu International Airport. 8/7/91.
91-170 Granting a special management area use permit to city department of public works
to construct improvements to the wastewater collection system for the He'eia sewage tributary
area. 8/7/91.
91-177 Granting a special management area use permit to city department of parks and
recreation to construct improvements to Kalama Beach Park located in Kailua. 9/11/91.
91-209 Granting a special management area use permit to Brewer Environmental Industries to demolish
several buildings, renovate one building, and construct a new warehouse and office with
parking and landscaping located at Kaomi Loop in Ewa. 10/23/91.
91-250 Granting a special management area use permit to state department of accounting and
general services to construct a two-story, eight-classroom building and connecting walkway at Waialua
Elementary School in Waialua. 11/13/91.
91-271 Granting a special management area use permit to state department of human services
to construct transitional housing units consisting of 35 family units, 20 single/couple units,
5 administration/child-care units, 3 laundry units, and 60 parking stalls for the Malaekahana
Weinberg Villages located in Kahuku. 2/12/92.
91-300 Granting a special management area use permit to the city department of parks
and recreation to construct a pedestrian bridge located in Haleiwa. 2/12/92.
92-60 Granting a special management area use permit and shoreline setback variance to American
Telephone and Telegraph Company to install two new transpacific submarine communications fiber optic
cables and construct a new cable easement and ocean ground bed located in
Keawaula. 3/25/92.
92-68 Granting a special management area use permit to Daniel Siu to construct a
12,000-square-foot, one-story warehouse located in Waipahu. 4/15/92.
92-94 Granting a special management area use permit to state department of accounting and
general services to construct an athletic locker/shower facility for Kalaheo High School. 5/6/92.
92-96 Granting a special management area use permit to Sen Plex Corporation to create
a 24-lot industrial subdivision and access road located in Kalihi. 5/27/92.
92-100 Granting a special management area use permit and shoreline setback variance to city
department of parks and recreation to replace 590 feet of concrete sidewalk with
tile pavers on the makai side of Kalakaua Avenue; replace almost all concrete
pavement between the food concession/comfort station building and the Diamond Head side of
the banyan arbor, and make other improvements to Kuhio Beach Park in Waikiki.
5/6/92.
92-114 Granting a special management area use permit to state department of accounting and
general services to construct an enclosure outside of the state emergency operating center
to house a 300-KVA supplementary generator and to install an above-ground 8,000-gallon fuel
storage tank with a containment wall erected around it, located at Diamond Head.
5/27/92.
92-131 Granting a special management area use permit to Palisades Community Chapel Assembly of
God to construct a new chapel church complex located in Waianae. 6/17/92.
92-144 Granting a special management area use permit to city department of parks and
recreation to construct park improvements at Tracks Beach in Waianae. 7/8/92.
92-146 Granting a special management area use permit to state department of accounting and
general services to demolish an existing administration building, to construct a new administration
building, and to convert an existing playcourt to a 31-stall parking area at
Waipahu Intermediate School in Waipahu. 7/8/92.
92-152 Granting a special management area use permit to Disabled American Veterans (DAV) Keehi
Lagoon Memorial Management Committee to demolish the existing memorial hall, construct a new
one-story memorial hall building, and install a new parking area located at Moanalua.
7/8/92.
92-156 Granting a special management area use permit to Waialae Country Club to grade
topsoil to form mounds ranging from two to five feet in height at
the Waialae Country Club. 7/8/92.
92-185 Granting a special management area use permit to city department of parks and
recreation to develop a park at the former Mormon Church campgrounds and make
other improvements, located in Laie. 9/23/92.
92-223 Granting a special management area use permit to the city building department to
demolish the existing fire station and construct a new one-story fire station and
accessory structures, located in Pupukea. 10/14/92.
92-227 Granting a special management area use permit to A. L. Kilgo to construct
a five-story parking garage and expand the existing home improvement establishment located at
Sand Island Access Road in Honolulu. 10/14/92.
92-268 Granting a special management area use permit and shoreline setback variance to GTE
Hawaiian Tel to install a submarine fiber optic cable landing site located in
Maunalua (Sandy Beach). 12/2/92.
92-272 Granting a special management area use permit and shoreline setback variance to GTE
Hawaiian Tel to install a submarine fiber optic cable landing site located in
Honouliuli (Kahe Point). 12/2/92.
92-281 Granting a special management area use permit and shoreline setback variance to state
department of land and natural resources to rehabilitate the existing seawall walkway located
at Diamond Head. 12/2/92.
92-282 Granting a special management area use permit and shoreline setback variance to state
department of business, economic development and tourism to develop a marine education and
training center and public boat launching facility at Sand Island. 12/2/92.
92-283 Granting a special management area use permit to Attractions Hawaii, dba Waimea Falls
Park, to permit (retain) four concrete bridges located in Waimea. 12/2/92.
92-296 Granting a special management area use permit to the city building department to
construct an office building and automotive equipment storage shed located in Kaneohe. 1/27/93.
92-307 Granting a special management area use permit to Hawaiian Electric Company, Inc., to
construct approximately 4,600 feet of 138 kilovolt (kV) electrical transmission lines and new
steel poles west of the Waiau Power Plant, and to relocate existing 46
kV lines, and other related work west of the Waiau Power Plant in
Pearl City. 2/17/93.
92-312 Granting a special management area use permit to Mitchell Nowicki to construct two
wooden commercial buildings and a parking lot located in Haleiwa. 1/27/93.
93-58 Granting a special management area use permit to Mr. and Mrs. Hal Schatz
to construct an eight-unit apartment addition and parking facilities to an existing 10-unit
apartment building located in Kailua. 3/10/93.
93-59 Granting a special management area use permit to Mr. Don W. Moody and
Mr. James S. Dial to construct a 24-unit condominium apartment building with parking and
loading facilities located in Kailua. 3/10/93.
93-68 Granting a special management area use permit to Nanakuli Investment Company, Ltd., to
construct commercial structures located in Nanakuli. 3/10/93.
93-87 Granting a special management area use permit to state department of accounting and
general services to permit construction of a new weight room building, a broadcast
booth, a 10-classroom building, and other improvements to Waianae High School. 3/31/93.
93-88 Granting a special management area use permit to city building department to construct
an automotive equipment service building, caretaker's cottage and carport, office/covered parking shed, parking
lot, and wall located at Waianae Corporation Yard and a portion of the
Waianae Wastewater Treatment Plant. 3/31/93.
93-108 Granting a special management area use permit to Hilton Hawaiian Village Joint Venture
to replace an existing auditorium with a new 400-unit hotel structure and health-sports
clinic and spa, including retail and restaurant space, a lagoon, and waterfall, located
in Waikiki. 4/21/93.
93-110 Granting a special management area use permit to KFC Hawaii to permit the
construction of a new Kentucky Fried Chicken (KFC) retail outlet in Nanakuli. 4/21/93.
93-132 Granting a special management area use permit to city department of parks and
recreation to relocate the skeet and combat/MPPL ranges, and to construct an American
trap range, a 2700 pistol range, a range master residence, comfort station, and
parking lot located in Koko Head. 5/26/93.
93-134 Granting a special management area use permit to city department of parks and
recreation to construct master plan improvements, including demolition of various structures, renovation of
a pavilion/concession building, and other improvements at Kailua Beach Park. 5/26/93.
93-137 Granting a special management area use permit to Shirley A. Lipman to permit
the construction of a new apartment complex in Waialua. 6/23/93.
93-150 Granting a special management area use permit to city department of public works
to permit the construction of an interim chemical treatment facility at the existing
Sand Island Wastewater Treatment Plant on Sand Island. 5/26/93.
93-213 Granting a special management area use permit and shoreline setback variance to city
department of parks and recreation to permit the construction of various park improvements
at the Hanauma Bay Nature Park in East Oahu. 7/14/93.
93-215 Granting a special management area use permit to the city building department to
permit the construction of a radio communications facility at the Keaau Beach Park
in Makaha. 7/14/93.
93-219 Granting a special management area use permit to the Waianae Coast Comprehensive Health
Center to permit the construction of a new medical/dental lab and other improvements
to the existing health center in Waianae. 7/14/93.
93-223 Granting a special management area use permit to Dale and Patricia Moore to
permit the construction of two additional single-family dwellings, for a total of four
single-family dwelling units, on a parcel of land in Waialua. 8/11/93.
93-225 Granting a special management area use permit to Blue Mountain, Inc., to permit
the construction of five single-family dwellings on land zoned A-1 low- density apartment
district in Waialua. 9/29/93.
93-235 Granting a special management area use permit to city building department to permit
the construction of improvements to an existing radio communications facility at the Koko
Head Regional Park in East Honolulu. 8/11/93.
93-244 Granting a special management area use permit and shoreline setback variance to state
department of transportation, harbors division, to construct a parking lot with lighting and
planter boxes, a washdown area, a rock revetment, and line an existing drainage
ditch located at Maunalua Bay launching ramp in Hawaii Kai. 10/20/93.
93-251 Granting a special management area use permit to state department of accounting and
general services to permit the relocation of an existing portable building, construction of
a new cafetorium, and reconstruction of the existing parking lot on a parcel
of land in Sunset Beach. 8/11/93.
93-259 Granting a special management area use permit and shoreline setback variance to the
Estate of James Campbell to permit the construction of a drainage channel in
Ewa. 9/29/93.
93-272 Granting a special management area use permit to the department of public works
to permit the restoration of a portion of the mauka bank of Kahaluu
Lagoon in Kahaluu. 9/29/93.
93-284 Granting a special management area use permit to the department of public works
to construct a flood control project and wetland mitigation within the Kawai Nui
Marsh located in Kailua. 9/29/93.
93-286 Granting a special management area use permit to Haseko (Ewa), Inc., to develop
a master-planned marina, including a 120-acre marina, commercial and marina support facilities, and
residential community, located in Ewa. 12/1/93.
93-292 Granting a special management area use permit to the Hawaii housing authority to
construct transitional housing and a parking lot for homeless families located in Waimanalo.
11/10/93.
93-305 Granting a special management area use permit to the city department of wastewater
management to permit the construction of new secondary treatment facilities at the existing
Waianae Wastewater Treatment Plant. 10/20/93.
93-316 Granting a special management area use permit to Hawaiian Electric Company, Inc., to
permit the construction of a demineralizer system at the existing Kahe generating system
in Ewa. 12/1/93.
93-318 Granting a special management area use permit to West Beach Estates to redevelop
and expand the existing commercial facilities and uses at Paradise Cove located at
West Beach in Honouliuli. 10/20/93.
93-339 Granting a special management area use permit to building department to permit the
construction of improvements to the existing Waikiki Shell complex located at Diamond Head.
10/12/94
93-354 Granting a special management area use permit to Corporation of the Presiding Bishop
of the Church of Jesus Christ of Latter-Day Saints to construct a chapel
facility and parking lot located in Haleiwa. 1/26/94
93-376 Granting a special management area use permit to department of transportation services to
construct a 3.5-mile-long bikeway and pedestrian path located on the makai side of
Kamehameha Highway between Kapuhi Street (Waimea) and Oopuola Street (Waiale'e). 1/26/94
94-31 Granting a special management area use permit to state department of land and
natural resources to expand the existing administration building located at Keehi Boat Harbor
in Kapalama. 3/9/94
94-49 Granting a special management area use permit to state department of land and
natural resources to redevelop 111 industrial lots within Sand Island Industrial Park located
at Sand Island. 3/9/94
94-69 Granting a special management area use permit to Midas Muffler Shops of Hawaii
to construct a commercial center located at Waipahu. 4/13/94
94-85 Granting a special management area use permit to department of parks and recreation
to construct various park improvements at Ala Moana Regional Park located at Honolulu.
4/13/94
94-122 Granting a special management area use permit to Pacific Atlas (Hawaii), Inc., to
expand and develop an 18-hole executive golf course, including a clubhouse, driving range,
practice greens, sand bunkers and chipping areas, and a putting course located at
Waikalua, Kaneohe. 9/21/94
94-125 Granting a special management area use permit to board of water supply to
construct a two-story concrete masonry unit office and storeroom complex, a temporary office
trailer, and a parking lot for employees and visitors located at Kaneohe. 6/22/94
94-160 Granting a special management area use permit to Robert and Judith Bailey to
reconstruct six dwelling units, replace the existing cesspools with septic tanks and leaching
fields, install a chain link fence, fire hydrant, water main, check flow meter
and water lines located at Punaluu. 6/22/94
94-164 Granting a special management area use permit to state department of transportation to
replace four existing wooden bridges with four new 42-foot-wide concrete bridges located at
Makaha. 6/22/94
94-177 Granting a special management area use permit to Melville and Blake to permit
the construction of a new two-story commercial building in Maili. 8/31/94
94-180 Granting a special management area use permit to department of transportation services to
place a new bikeway from Hahani Street to Kaneapu Place, and a pedestrian/bicycle
bridge approximately three feet makai of Kawailoa Bridge located in Kailua. 12/1/94
94-202 Granting a special management area use permit to department of wastewater management to
permit the construction of a septage handling facility located at Sand Island. 9/21/94
94-209 Granting a special management area use permit to GTE Hawaiian Tel to permit
the installation of a new fiber optic telecommunication system in Keawaula and Mokuleia.
8/31/94
94-212 Granting a special management area use permit to department of wastewater management to
permit the construction of a septage handling facility located in Kahuku. 9/21/94
94-231 Granting a special management area use permit to Kahala Hotel Associates, Limited Partnership,
to permit the renovation and expansion of an existing hotel complex located in
Kahala. 9/21/94
94-232 Granting a special management area use permit to Obayashi Hawaii Corporation to construct
elderly housing units and a Y.M.C.A. facility and appurtenant infrastructure, including sewerage infrastructure,
located in Pupukea. 5/24/95
94-266 Granting a special management area use permit to Young Men's Christian Association of
Honolulu to construct new buildings, add a parking lot, erect chain link fences,
and repair existing structures at Camp Erdman located at Mokuleia. 10/12/94
94-280 Granting a special management area use permit to city building department to construct
a vehicle maintenance shop and storeroom facility, and add an employee parking lot
located in Waipahu. 3/8/95
94-322 Granting a special management area use permit to state department of accounting and
general services to construct a new administration building and other improvements at Laie
Elementary School, including additional parking, renovation of an existing building, and installation of
a septic tank and leaching field located in Laie. 12/1/94
95-10 Granting a special management area use permit to Bridgestone/Firestone, Inc., to construct an
automobile tire store/repair shop and parking lot located in Waimalu. 1/25/95
95-72 Granting a special management area use permit to state department of land and
natural resources to permit the construction of a roadway, parking lot, comfort station,
picnic tables, and landscaping located in Aiea. 3/8/95
95-92 Granting a special management area use permit to Ehukai Homes, a Hawaii partnership,
to construct four single-family homes, an aerobic wastewater treatment plant and a soil
absorption system located in Waialua. 4/12/95
95-120 Granting a special management area use permit to department of parks and recreation
to construct a new building, covered parking area, parking lot, wash area and
chain link fence located in Waianae. 5/3/95
95-154 Granting a special management area use permit to state department of accounting and
general services to construct a new classroom building and multipurpose outdoor playcourt at
Waipahu Intermediate School. 6/20/95
95-190 Granting a special management area use permit to Waialae Country Club to permit
the replacement of the existing golf maintenance facility with two new buildings and
other improvements located in Kahala. 6/20/95
95-250 Granting a special management area use permit to the city building department to
permit the construction of improvements to the existing Waialua Corporation Yard in Waialua.
8/16/95
95-251 Granting a special management area use permit to the state department of accounting
and general services to permit the expansion of the existing Iroquois Point Elementary
School Library in Ewa. 8/16/95
95-288 Granting a special management area use permit to the city department of transportation
services to construct a new bike path from Waipio Point Access Road to
Lehua Avenue located within the former Oahu Railway and Land Company right-of-way in
Pearl City. 9/20/95
95-345 Granting a special management area use permit to Waianae Coast Comprehensive Health Center
to permit the implementation of a facilities master plan for the existing health
center. 6/26/96 (Reso. 08-195 granted an SMP to Waianae Comprehensive Health Center to
modify SMP No. 94/SMA-1, 9/24/08)
95-347 Granting a special management area use permit to La Pietra/Hawaii School for Girls
to permit the construction of a new two-story, three-classroom building on Diamond Head.
12/6/95
95-379 Granting a special management area use permit to department of parks and recreation
to construct a comfort station, outdoor shower, parking lot and other improvements at
Sunset Beach Support Park. 5/1/96
95-380 Granting a special management area use permit to Clement/May Hung to construct two
additional single-family dwellings, for a total of four single-family dwellings, and accessory structures
located in Waialua. 1/24/96
95-381 Granting a special management area use permit to Hawaiian Electric Company, Inc., to
construct a sandblast enclosure and storage shed located in Waianae. 1/24/96
96-03 Granting a special management area use permit to Hilton Hawaiian Village Joint Venture
and the EnterOcean Group, Inc., to construct an aquatic recreational facility and other
improvements located at the Duke Kahanamoku Lagoon located in Waikiki. 1/24/96
96-47 Granting a special management area use permit to the department of wastewater management
to construct a wastewater pump station and for other improvements located in Kaneohe.
2/14/96
96-66 Granting a special management area use permit to building department to demolish the
existing Kaaawa Fire Station and construct a replacement fire station in Kaaawa. 5/1/96
96-68 Granting a special management area use permit to the city department of parks
and recreation to demolish various structures at Kailua Beach Park; construct an open
pavilion, canoe halau, new picnic area, and pedestrian walkway; realign a bikeway; and
modify existing facilities to provide equal accessibility to the park. 8/7/96
96-72 Granting a special management area use permit to Gentry Homes, Ltd., to construct
a grass-lined drainage channel with supportive detention basin and outlet works at Ewa.
3/13/96
96-75 Granting a special management area use permit to Foodland Supermarkets, Ltd., for a
ground floor and second floor addition, asphalt-concrete parking lot and a chain link
fence or solid wall located in Pupukea. 3/13/96
96-114 Granting a special management area use permit to James Campbell Estate to construct
various improvements, including a 264-stall paved parking area located in Ko'Olina. 5/1/96
96-158 Granting a special management area use permit to the city department of public
works to construct a dewatering facility, access road and chain link fence located
at 16-1 Sand Island Parkway. 6/26/96
96-162 Granting a special management area use permit to the city department of public
works to construct a dewatering facility located at the Pearl City Wastewater Treatment
Plant. 6/26/96
96-218 Granting a special management area use permit to Flynn Learner Company to construct
four industrial buildings, concrete masonry unit walls, asphalt concrete parking, and an irrigation
system located at 120 Sand Island Access Road. 9/25/96
96-219 Granting a special management area use permit to 7-Eleven Hawaii Inc. to construct
a new 7-Eleven Store and parking lot located at 85-010 Farrington Highway. 10/16/96
96-220 Granting a special management area use permit to Maunalua Associates to construct a
one-million-gallon water reservoir located at 7381 Kalanianaole Highway at Koko Head. 10/16/96
96-271 Granting a special management area use permit to Pacific Atlas (Hawaii), Inc., to
modify and expand the existing Bayview Golf Course located in Waikalau, Kaneohe. 12/4/96
96-273 Granting a special management area use permit to Pacific Atlas (Hawaii), Inc., to
construct a 4.3-acre residential subdivision located along Kaneohe Bay Drive. 12/4/96
96-276 Granting a special management area use permit to Le Jardin Academy to construct
a new school campus located at 917 Kalanianaole Highway in Kailua. 12/4/96
96-287 Granting a special management area use permit to King Food Service to construct
a one-story cold storage building located at Pupuole Street in Waipahu. 1/29/97
96-341 Granting a special management area use permit to Hawaii Institute of Marine Biology
to modify and expand the Hawaii Institute of Marine Biology located on Coconut
Island in Kaneohe. 1/29/97
97-48 Granting a special management area use permit to BHP Petroleum Americas Refining, Inc.,
to further develop an existing fuel terminal facility for truck park and storage
located at Two Sand Island Access Road. 2/19/97
97-49 Granting a special management area use permit to department of parks and recreation
for implementation of a fee system pursuant to Ordinance 96-19, siting of two
booths for collecting admission and parking fees, and improvements for a new pedestrian
pathway and shuttle turnaround located at Hanauma Bay Nature Preserve. 3/12/97
97-64 Granting a special management area use permit to Dale and Patricia Moore to
construct two additional single-family dwellings, for a total of four single-family dwellings, on
an apartment-zoned lot located in Waialua. 3/12/97
97-143 Granting a special management area use permit to Gedatsu Church of Hawaii to
construct a new church building located at Summer Street in Kuliouou. 5/28/97
97-177 Granting a special management area use permit to Ronald K. C. Kang to
construct a new two-story office/retail building and accessory infrastructure located in Maili. 6/18/97
97-230 Granting a special management area use permit to BHP Petroleum Americas (Hawaii) Inc.
to develop a new gas dispensary, convenience store with internal food specialty retailer,
and car wash, and to replace three underground fuel storage tanks located in
Nanakuli. 8/6/97
97-276 Granting a special management area use permit to Takao Building Development Company to
construct a new two-story office building and other improvements located at 2571 Lemon
Road. 10/15/97
97-293 Granting a special management area use permit to World of Aloha, Inc., to
construct a wedding chapel and support structures located at 47-507 Kamehameha Highway. 10/15/97
97-198 Granting a special management area use permit to the Board of Water Supply
to construct a water pump booster station located at Kaluanui in Hauula. 12/3/97
97-336 Granting a special management area use permit to the Department of Parks and
Recreation to construct a new comfort station and other improvements at Makaha Beach
Park. 12/3/97
97-342 Granting a special management area use permit to the Mitsuyasu Family to construct
a residential development and accessory structures located in Ewa Beach. 12/3/97
98-54 Granting a special management area use permit to the state department of transportation
to demolish the existing bridge and construct a new bridge and riprap revetments
located at Malaekahana Stream Bridge in Kahuku. 4/8/98
98-246 Granting a special management area use permit to the department of design and
construction to construct two new temporary classrooms at the Honolulu Police Academy training
facility in Waipahu. 10/14/98
98-259 Granting a special management area use permit to the department of design and
construction to construct improvements to Kuhio Beach Park. 11/10/98
98-265 Granting a special management area use permit to the building department to restore
the war memorial and ocean recreation swimming pool (Natatorium) including improvements to driveways,
parking, play court, landscaping and other accessory uses. 12/2/98
98-272 Granting a special management area use permit and shoreline setback variance to Haseko
(Ewa), Inc., to construct a private recreation facility located at 91-329 and 91-333
Papipi Road in Ewa. 1/27/99
98-306 Granting a special management area use permit to the department of design and
construction to construct a pavilion, comfort station, parking lot, and other improvements to
Hauula Beach Park. 12/2/98
98-307 Granting a special management area use permit to the department of design and
construction to construct improvements at the existing Kuliouou Beach Park. 12/2/98
98-316 Granting a special management area use permit and shoreline setback variance to the
department of design and construction to construct a comfort station, basketball court, and
other improvements for Aweoweo Beach Park. 6/9/99
99-41 Granting a special management area use permit to McDonald's of Hawaii to construct
a new fast food restaurant and parking lot in Aiea. 3/17/99
99-74 Granting a special management area use permit to the department of design and
construction to modify the existing Waipahu wastewater pump station located on the Waipio
Peninsula. 6/30/99
99-145 Granting a special management area use permit and shoreline setback variance to the
department of design and construction to implement a park master plan to construct
various park improvements, including landscaping, parking areas, walls, picnic facilities, showers and a
comfort station at the existing Ulehawa Beach Park. 6/30/99
99-233 Granting a special managemnt area use permit to the state department of transportation
to demolish the existing baseyard and construct a new baseyard located at 54-307
Hauula Homestead Road. 9/22/99
99-256 Granting a special management area use permit to the city department of design
and construction to make improvements to the Hanauma Bay Nature Preserve and demolish
the abandoned Hawaii Job Corps site. 11/10/99
99-356 Granting a special management area use permit to GTE Hawaiian Tel International, Inc.,
to construct a submarine fiber optics cable landing facility and support structures. 12/1/99
00-21 Granting a special management area use permit to Hawaiian Cement to develop a
new cement import and transshipment terminal at the recently expanded Barber's Point Harbor.
3/15/00
00-68 Granting a special management area use permit and shoreline setback variance to the
state department of transportation to install and/or replace street lights along Farrington Highway
from Ala Hema Street to Piliokoe Bridge in Waianae and Nanakuli. 4/26/00
00-73 Granting a special management area use permit to the department of land and
natural resources, division of forestry and wildlife, to restore Pouhala Marsh, including vegetation
and trash removal, removal and stockpiling of fill, wetland basin sculpting, installation of
water control devices and perimeter fencing. 4/26/00
00-98 Granting a special management area use permit to the Queen Liliuokalani Trust for
the Queen Liliuokalani Children's Center and accessory structures in Haleiwa. 6/14/00
00-104 Granting a special management area use permit to the board of water supply
for two under-stream crossings of a 36-inch water transmission main, one makai of
Kamehameha Highway Bridge No. 9 and the other at Bridge No. 10, located
in Punaluu. 1/24/01
00-105 Granting a special management area use permit to Campers Villages, LLC, to construct
an outdoor recreation facility and accessory structures at Pua'ena, Haleiwa. 10/18/00
00-120 Granting a special management area use permit to St. Rita Catholic Church to
construct a new open parking lot in Nanakuli. 7/12/00
00-144 Granting a special management area use permit to Hawaiian Electric Company for a
new water storage tank located at the existing Kahe Power Plant. 8/9/00
00-169 Granting a special management area use permit to Castle Family Limited Partnership for
redevelopment of a retail/commercial property located in Kailua Town. 9/27/00
00-186 Granting a special management area use permit to the department of design and
construction to construct a viewing deck, outdoor shower, vehicle barriers, landscaping, and other
improvements at Sunset Beach. 10/18/00
00-199 Granting a special management area use permit to the department of design and
construction to construct a new 2,500-square-foot canoe and equipment storage facility, trailer parking,
five-station fitness equipment and new landscaping at Maunalua Bay Beach Park. 10/18/00
00-215 Granting a special management area use permit to the department of design and
construction to construct beach park improvements and implement a master plan at Laie
Beach Park. 11/15/00
00-216 Granting a special management area use permit to the department of design and
construction to construct a bathhouse, parking lot, and other improvements at the existing
Haleiwa Alii Beach Park. 11/15/00
00-217 Granting a special management area use permit to the department of design and
construction to construct a disinfection facility, effluent pump station and electrical substation at
the Sand Island Wastewater Treatment Plant. 11/15/00
00-218 Granting a special management area use permit to the department of design and
construction to construct a new 1,364-square-foot multipurpose building, additional parking and walkway at
the existing Hauula Community Park. 11/15/00
00-219 Granting a special management area use permit to the department of design and
construction to replace the existing gravel parking lot with asphalt concrete and landscape
improvements for a passive park at the Kawai Nui Community Park. 11/15/00
01-42 Granting a special management area use permit to the department of design and
construction to demolish the existing caretaker's cottage and construct a caretaker's cottage detached
from the main dwelling, expand the existing parking lot, construct new walkways and
a wooden boardwalk, implement dune restoration and other improvements at Kalama Beach Park
(Boettcher Estate). 3/14/01
01-58 Granting a special management area use permit to the state department of land
and natural resources, land division, for Kawai Nui Marsh management plan improvements. 12/12/01
01-84 Granting a special management area use permit to Phoenician, LLC, to develop new
waterfront industrial facilities: a small boat repair facility, boat launch ramp and parking,
and a liquefied petroleum gas storage terminal facility near Kalaeloa Barber's Point Deep
Draft Harbor. 4/4/01
01-141 Granting a special management area use permit to the department of design and
construction to develop a portion of the Kahaluu Park master plan, including sports
fields, comfort stations, parking areas, canoe storage building, landscaping and other accessory structures.
5/30/01
01-155 Granting a special management area use permit to the Kahala Mandarin Oriental Hawaii
Hotel to expand the existing spa and fitness center, add five beach suites
as a partial third floor addition, add an open-air second floor to the
existing poolside snack bar, construct an elevated outdoor tennis court for daytime play
at the rear of the hotel with receiving offices and delivery area underneath,
and expand the existing swimming pool at the Kahala Mandarin Oriental Hawaii Hotel.
6/20/01
01-185 Granting a special management area use permit to the state department of accounting
and general services for construction of the Nanakuli IV Elementary School. 7/11/01
01-189 Granting a special management area use permit to the department of design and
construction to allow expansion and modifications of the existing Sand Island Wastewater Treatment
Plant and other miscellaneous site and facility improvements. 7/11/01
01-190 Granting a special management area use permit to the department of design and
construction to develop the Kahua O Waikalua Neighborhood Park in Kaneohe. 7/11/01
01-212 Granting a special management area use permit to the department of design and
construction to install fiber optic cables, new manholes and ductlines at Lualualei and
Kahe Point Beach Parks and along Farrington Highway. 8/1/01
01-228 Granting a special management area use permit to the department of design and
construction for master plan improvements at Oneula Beach Park; and denying a shoreline
setback variance to retain and maintain the existing unpaved parking area within the
40-foot shoreline setback. 9/11/01
01-241 Granting a special management area use permit to the department of land and
natural resources, state parks division, for construction of public improvements related to the
Ka Iwi Scenic Shoreline and Makapuu Lookout, Phase I, Increment 2. 9/11/01
01-250 Granting a special management area use permit to Kaunala Beach Estates, LLC, to
consolidate and re-subdivide 19.1 acres of land into 33 parcels: 29 single-family residential
parcels, a private roadway, a sewage treatment plant parcel, and a parcel to
be dedicated to the city for park use, a remnant parcel, and the
dedication of a separate public pedestrian shoreline access easement at Kaunala. 9/11/01
01-258 Granting a special management area use permit to the department of transportation services
for the Pearl Harbor Bikeway Extension located in Waipahu (Middle Loch). 10/17/01
01-323 Granting a special management area use permit to the department of design and
construction to allow expansion and modification of the existing Public Baths wastewater pump
station. 12/12/01
02-03 Granting a special management area use permit to the department of transportation services
for the Waialae-Kahala bicycle staging area located on the Kapiolani Community College Diamond
Head Campus. 1/30/02
02-10 Granting a special management area use permit to the state department of accounting
and general services for construction of an addition to the existing cafeteria building
and other improvements at Laie Elementary School. 02/20/02
02-16 Granting a special management area use permit to the department of design and
construction for the construction of the Banzai Rock Beach Support Park skateboard facility
in Pupukea. 02/20/02
02-24 Granting a special management area use permit to the department of design and
construction for retention of a second-floor addition and other improvements at Kalili Surf
Center, Haleiwa Ali’i Beach Park. 2/20/02
02-133 Granting a special management area use permit to Pahounui DP LLC for construction
of a new warehouse facility located at 120 Sand Island Access Road. 6/26/02
02-211 Granting a special management area use permit to Edward and Sylvia Ing for
a 12-lot agricultural subdivision, including roadway, water, and drainage improvements in Pupukea. 8/7/02
02-220 Granting a special management area use permit to the department of design and
construction to construct the Sunset Beach Recreation Center located in Pupukea. 8/7/02
02-221 Granting a special management area use permit to the state department of accounting
and general services and the department of education for the Waianae High School
Media Center. 8/7/02
02-225 Granting a special management area use permit to Hilton Hotels Corporation for construction
of a high-rise tower and other improvements at Hilton Hawaiian Village in Waikiki.
8/7/02
02-271 Granting a special management area use permit to Outrigger Enterprises to construct an
above-grade pedestrian bridge and frontage modifications at the Outrigger Reef on the Beach
Hotel. 11/13/02
02-307 Granting a special management area use permit to the department of design and
construction for various master plan improvements to Koko Head District Park and safety
improvements to the Koko Head shooting complex. 12/4/02
02-310 Granting a special management area use permit to the department of design and
construction to construct a new skateboard facility located along Kamehameha Highway across from
Haleiwa Beach Park. 12/4/02
02-339 Granting a special management area use permit to the department of design and
construction for a master plan for the 13.3-acre Kawai Nui Gateway Park in
Kailua. 1/29/03
03-25 Granting a special management area use permit to the department of transportation services
to construct the Nanakuli Makai connector roadway of the Waianae Coast Emergency Access
Road. 2/26/03
03-80 Granting a special management area use permit to Chevron Products to construct replacement
acid pump tanks at the Chevron Refinery. 4/16/03
03-92 Granting a special management area use permit to the state department of transportation
for the Kamehameha Highway drainage improvements at Kii Bridge and the Kahuku Hospital
Ditch drainage culvert. 5/7/03
03-116 Granting a special management area use permit to Kuilima Resort Company to renovate,
modify and expand the existing Turtle Bay Resort. 7/2/03
03-123 Granting a special management area use permit to the department of design and
construction to construct a new canoe halau located at Keehi Lagoon Beach Park.
6/4/03
03-193 Granting a special management area use permit to Synagro-WWT to construct and operate
an In-Vessel Bioconversion Facility at Sand Island Wastewater Treatment Plant. 1/28/04
03-218 Granting a special management area use permit to Leo J. Noecker to construct
two additional single-family dwellings, for a total of four single-family dwellings, and accessory
structures in Waialua (Waialua Ocean Villas). 9/24/03
03-235 Granting a special management area use permit to Hawaii Intergenerational Community Development Association
to construct the Nanaikeola Senior Apartments and mixed use project located in Nanakuli.
5/12/04
03-237 Granting a special management area use permit to the department of design and
construction to construct a new canoe halau at Waimanalo Beach Park. 9/24/03
03-238 Granting a special management area use permit to Jas. W. Glover Holding Company,
Ltd., to create a 5-lot subdivision and construct a hot-mix asphalt plant and
base yard for a trucking and construction operation at Sand Island Access Road.
9/24/03
03-262 Granting a special management area use permit to Hawaii Reserves, Inc., to construct
various improvements along Hale Laa Boulevard, including Temple Gardens and parking area in
Laie. 10/15/03
03-274 Granting a special management area use permit to the department of design and
construction to construct repairs, upgrades, minor amenities and a new canoe halau at
Nanakuli Beach Park. 11/5/03
03-297 Granting a special management area use permit to the department of design and
construction for the Hauula Skate Park facility at the existing Hauula Community Park.
12/3/03
03-333 Granting a special management area use permit to Waialae Country Club to construct
various improvements at the existing Waialae Country Club Golf Course. 5/12/04
03-348 Granting a special management area use permit to the state department of transportation
to demolish an existing bridge over Kokololio Stream and construct a new bridge
and a temporary detour road in Hauula. 1/28/04
04-04 Granting a special management area use permit to the Hawaii Yacht Club to
allow additions to the meeting facility, including a new hydraulic elevator and lobby,
renovation of the rest room/shower rooms to comply with ADA requirements, relocation of
lockers, a new trellis, and modification to the outdoor terrace area at the
Hawaii Yacht Club. 2/18/04
04-11 Granting a special management area use permit to the department of design and
construction to construct a new bathhouse, outdoor showers, septic tank, leach field, and
other improvements located at Kaiona Beach Park. 2/18/04
04-13 Granting a special management area use permit to the department of design and
construction to construct a new canoe halau at Pokai Bay Beach Park. 2/18/04
04-49 Granting a special management area use permit to St. Joseph Church and School
to expand the existing meeting facility (church) and school and construct various other
improvements in Waipahu. 3/24/04
04-57 Granting a special management area use permit to the department of design and
construction for the construction of the Kaaawa Beach Park comfort station. 3/24/04
04-64 Granting a special management area use permit to Best Buy Purchasing for a
one-story retail establishment and an upper-level parking structure in Waimalu. 4/14/04
04-174 Granting a special management area use permit to Hawaiian Electric Company to re-grade
two former wastewater discharge ponds in Waiau. 7/14/04
04-241 Granting a special management area use permit to St. John Lutheran Church to
construct a new sanctuary and ancillary church uses in Kailua. 9/22/04
04-247 Granting a special management area use permit to Hawaiian Electric Company to construct
an individual wastewater system, earthwork, and drainage improvements and a new water storage
tank at Kahe Point Power Plant. 9/22/04
04-251 Granting a special management area use permit to the department of design and
construction to construct parking lot improvements at Maili Beach Park. 9/22/04
04-355 Granting a special management area use permit to La Pietra/Hawaii School for Girls
to construct building improvements at La Pietra/Hawaii School for Girls. 1/26/05
04-391 Granting a special management area use permit to the department of environmental services
for the Waipahu ash landfill closure project. 1/26/05
05-001 Granting a special management area use permit to the state department of accounting
and general services to construct a new classroom building at Waianae High School.
1/26/05
05-056 Granting a special management area use permit to the state department of accounting
and general services to construct a telecommunications facility at Hanauma Nature Preserve. 3/16/05
05-074 Granting a special management area use permit to the department of design and
construction for the East Honolulu Police Station. 4/6/05
05-116 Granting a special management area use permit to the state department of land
and natural resources for the Ka Iwi Shoreline and Makapuu Lookout improvements project.
5/11/05
05-213 Granting a special management area use permit to Evans and Barbara Yim to
construct a new commercial building at 74 Kihapai Street, Kailua. 7/6/05
05-241 Granting a special management area use permit and shoreline variance to the state
department of transportation for Punaluu Bridge replacement. 1/25/06
05-242 Granting a special management area use permit to the state department of transportation,
highways division, for the North Kahana Bridge replacement project. 8/10/05
05-251 Granting a special management area use permit to the department of design and
construction for construction of a new canoe halau at Ala Moana Regional Beach
Park. 9/28/05
05-269 Granting a special management area use permit to RKL Beachside, LLC, for the
Royal Kai Lani project. 9/28/05
05-310 Granting a special management area use permit to Haseko (Ewa) for the Papipi
Road drainage improvements project. 10/19/05
05-314 Granting a special management area use permit to Red Cross – Hawaii for renovation
of the Red Cross – Hawaii headquarters. 10/19/05
05-316 Granting a special management area use permit to Hawaiian Electric Company for renovations
and modifications relating to the Hawaiian Electric Company’s Waiau power plant. 10/19/05
05-338 Granting a special management area use permit to Dennis Almendares for the Ohana
Pili Kai project. 11/9/05
05-351 Granting a special management area use permit to Tesoro, Hawaii, for the Sand
Island terminal expansion project. 12/7/05
05-408 Granting a special management area use permit to the department of design and
construction for the Sand Island Wastewater Treatment Plant elevator project. 1/25/06
05-416 Granting a special management area use permit to Juliana Simone for the Anahulu
Centre. 1/25/06
06-022 Granting a special management area use permit and shoreline variance to the state
department of land and natural resources for Keehi small boat harbor and the
Sand Island boat launch facility. 3/1/06
06-048 Granting a special management area use permit to the department of design and
construction for soil management at the Sand Island Wastewater Treatment Plant. 3/1/06
06-054 Granting a special management area use permit to the department of design and
construction for the Kawai Nui model airplane park. 3/1/06
06-069 Granting a special management area use permit and shoreline variance to the Hawaii
Institute of Marine Biology for Coconut Island. 4/12/06
06-106 Granting a special management area use permit to Hilton Hotels Corporation for the
restoration of the Duke Kahanamoku Lagoon and landside improvements. 4/12/06
06-183 Granting a special management area use permit to Robert A. Paranhos Lopes for
the construction of new single-family dwellings (North Shore Villas). 7/19/06
06-239 Granting a special management area use permit to Edward and Sylvia Ing for
Sunset Beach agricultural subdivision (extension of time – original Resolution 02-211). 7/19/06
06-345 Granting a special management area use permit to Kaneohe Ranch Company, LLC, to
develop a new two-story commercial building, parking, and other improvements (2006/SMA-33). 12/13/06
07-001 Granting a special management area use permit to the state department of transportation
for construction of Kalanianaole Highway improvements at Makapuu Point. 1/24/07
07-072 Granting a special management area use permit to the state department of education
to construct an administration building and other improvements at Sunset Beach Elementary School.
4/11/07
07-118 Granting a special management area use permit and shoreline setback variance to Haseko
(Ewa) Inc., to construct drainage improvements to the Kalo’i Gulch drainage channel at
One’ula Beach Park. 6/6/07
07-221 Granting a special management area use permit to the state department of transportation
for improvements to Kalanianaole Highway. 8/15/07
07-247 Granting a special management area use permit to GLP Asphalt LLC to construct
an asphalt cement terminal at Barber’s Point Harbor. 9/19/07
07-252 Granting a special management area use permit to Imperium Renewables Hawaii LLC to
construct and operate a biodiesel production facility at Barber’s Point Harbor. 9/19/07
07-278 Granting a special management area use permit to the state department of transportation
for construction of a new bridge over Kaipapau Stream at Hauula, Oahu. 10/17/07
07-293 Granting a special management area use permit to Burger Project Management LLC to
consolidate and subdivide two lots into 24 residential lots. 10/17/07
07-317 Granting a special management area use permit to the department of design and
construction to repair and renovate the Halona Blowhole lookout. 11/7/07
07-318 Granting a special management area use permit and shoreline setback variance to Hawaii
Institute of Marine Biology for four near-term improvement projects in the Coconut Island
Long Range Development Plan and after-the-fact approval of various unauthorized improvements. 3/19/08
07-350 Granting a special management area use permit to the department of design and
construction to construct the Kapolei Corporation Yard. 12/12/07
07-368 Granting a special management area use permit to Mid-Pacific Country Club to construct
two support structures at Mid-Pacific Country Club. 12/12/07
07-383 Granting a special management area use permit to Hawaiian Electric Company, Inc., for
the Kahe Power Plant reclaimed water storage improvement project. 1/23/08
08-16 Granting a special management area use permit to Chevron Products Company for the
Chevron Port Security Grant project. 2/20/08
08-21 Granting a special management area use permit and shoreline setback variance to Kyo-Ya
Hotels & Resorts, LP, for portions of master planned improvements and renovations to
the Royal Hawaiian Hotel and Sheraton Waikiki Hotel. 2/20/08
08-27 Granting a special management area use permit to Dennis A. Almendares for the
construction of new single-family dwellings (Au Kai Hale Mauka). 3/19/08
08-195 Granting a special management area use permit to the Waianae Coast Comprehensive Health
Center to modify SMP No. 94/SMA-1 (Resolution 95-343, CD1) for construction of the
Harry and Jeanette Weinberg Family Medical Building. 9/24/08
08-229 Granting a special management area use permit to Honolulu Marine, LLC, for the
Honolulu Marine Commercial Shipyard facility. 11/12/08
08-234 Granting a special management area use permit to Walgreen Company for construction of
a new drugstore (Walgreen’s). 11/12/08
08-244 Granting a special management area use permit to Green Homes at Lualualei, LLC,
for a portion of a proposed cluster housing project. 12/3/08
08-266 Granting a special management area use permit to the department of design and
construction to update the master plan for Kapiolani Regional Park. 1/28/09
08-276 Granting a special management area use permit to the Honolulu Community Action Program
for renovation and expansion of a nonconforming meeting facility building in Waianae. 1/28/09
09-133 Granting a special management area use permit to the Waialae Country Club for
the Waialae Country Club clubhouse renovation project. 5/27/09
09-213 Granting a special management area use permit to St. John Lutheran Church for
the removal of an existing church office and a new fellowship hall and
church office located in Kailua. 8/26/09
09-240 Granting a special management area use permit to PB & Ches, LLC, for
the demolition of an existing building and construction of a new commercial building
in Pearl City. 8/26/09
09-251 Granting a special management area use permit to Sause Bros., Inc., for the
construction of a storage yard facility and accessory office building at Kalaeloa Barber’s
Point harbor. 9/16/09
09-253 Granting a special management area use permit to the department of design and
construction to install a 72-inch sewer tunnel and 48-inch high density polyethylene (HDPE)
pipeline on land located near the eastern entrance to Ala Moana Beach Park.
9/16/09
09-254 Granting a special management area use permit and a shoreline setback variance to
REIT Management & Research, LLC , for a soil remediation and containment project
and the construction of a subsurface concrete containment wall along the shoreline at
James Campbell Industrial Park. 9/16/09
09-265 Granting a special management area use permit to Juliana Simone to construct a
new three-story building with ground level parking, two upper floors of commercial uses
and appurtenant site improvements in Haleiwa. 10/27/09
09-276 Granting a special management area use permit to the state department of business,
economic development and tourism for the demolition of a one-story soundstage and four
one-story office buildings, construction of a two-story film and digital media center and
a two-story parking structure, and appurtenant site improvements at Diamond Head Road/Kilauea. 10/27/09
09-277 Granting a special management area use permit to the Windward Retreat Center for
construction of a meeting facility and caretaker’s dwelling at Kaaawa. 10/27/09
09-278 Granting a special management area use permit to the department of design and
construction for various site improvements at the existing Sunset Beach Neighborhood Park. 10/27/09
09-302 Granting a special management area use permit to Unitek Solvent Services, Inc., for
the expansion of an existing petroleum waste and tire recycling facility in the
Campbell Industrial Park. 11/18/09
09-307 Granting a special management area use permit and shoreline setback variance to the
state department of land and natural resources for construction of a predator fence
at Ka’ena Point. 11/18/09
09-309 Granting a special management area use permit to Sasada International, LLC, for major
exterior renovations and landscaping improvements to the Park Shore Waikiki Hotel. 11/18/09
Appendix 25-2*[* Editor's Note: The Special Management Area maps were initially adopted in Ordinance
84-4 and adopted in amended form in Ordinance 85-105.]
SPECIAL MANAGEMENT AREA MAPS
Ord. Approval
No. Date
89-110 8-15-89 Exhibit A (amending portions of the special management area map for Koolaupoko by
changing the mauka
boundary of the special management area to include Kaiwa Ridge, Lanikai). CCL
94-63 9-15-94 Exhibit A (amending portions of the boundaries of the special management area map
for Ewa in order to
recognize the currently proposed configuration of the Ewa Marina community). DLU (Amended by
Ord. 07-
34)
07-34 7-20-07 Exhibit A (amending portions of the boundaries of the special management area map
for Ewa in order to
conform the SMA boundary to the current configuration of the Hoakalei Marina (Ewa
Marina). DPP
(Amends Ord. 94-63)
Revised Ordinances