2026-04-02 Zoning & Planning

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>>Chair Kia'aina: GOOD MORNING EVERYONE. IT IS THURSDAY, APRIL 2, 2026. TIME IS 9:01 A.M. COMMITTEE ON ZONING AND PLANNING MEETING PLEASE COME TO ORDER. LIKE TO WELCOME FOLLOWING COMMITTEE MEMBERS. COMMITTEE VICE CHAIR WATERS, COUNCILMEMBERS CORDERO AND COUNCILMEMBER OKIMOTO. ALSO JOINING US TODAY IS COUNCILMEMBER TUPOLA. PARTICIPATING REMOTELY BY VIDEO CONFERENCE. COUNCILMEMBER TUPOLA ACCORDANCE WITH SECTION 9 2-3.7, HAWAII REVISED STATUTES, PLEASE IDENTIFY EACH PERSON WHO IS WITH YOU AT YOUR LOCATION. >>Councilmember Tupola: ALOHA CHAIR. I AM HERE ABOUT MY DAUGHTER. THANK YOU. >>Chair Kia'aina: THANK YOU. PURSUANT SECTION 29-3.7, HAWAII REVISED STATUTES, THIS HEATING WILL BE CONDUCTED REMOTE MEETING BY INTERACTIVE CONFERENCE TECHNOLOGY WITH FOLLOWING PROCEED NURSE EFFECTED FOR THE MEETING. MEMBERS PUBLIC LOCK ALLOWED TO PROVIDE VERBAL TESTIMONY ALL ITEM ON AGENDA. WHEN EACH TAKEN IS UP TWO WAYS. IN PERSON COUNCIL CHAMBER REMOTELY VIDEO CONFERENCE. OR PHONE. REMOTE AND IN PERSON VERBAL TESTIMONY WILL BE ALLOW ODD WHEN THE AGENDA ITEM IS TAKEN UP. BOTH ENGLISH AND HAWAIIAN ARE OFFICIAL LANGUAGES OF THE STATE OF HAWAII, PURSUANT A ART 15, SECTION 4 OF THE HAWAII STATE ST CONSTITUTION HAWAII REVISED STATUTES. 34E78S PUBLIC MAY TESTIFY EITHER BLANGIARDI. VERBAL TESTIMONIES LANGUAGE. OFFERED IN OLELO HAWAII, ADDITIONAL TIME AS MAY BE NECESSARY WILL BE ALLOWED FOR THE TESTIFIER TO PROVIDE ENGLISH DANCE E'O TRANSLATION TRANSTRANSLATION YOU HAVE TESTIMONY. BEFORE TESTIFYING EACH PERSON SHALL STATE THEIR NAME FARRED REPORT EVER HAD MAY NOT HAVE ANYONE ELSE READ THEIR STATEMENT T AND LIMITED TO ONE PRINTED R MINUTE PRESENTATION FOR EAVE ITEM. TESTIFIED CALLED POP FIRST NOT REGISTERED OPPORTUNITY TO SPEAK FOLL FOLLOW VERBAL TESTIMONIES STRERLGED SPEAK. ALL IN-PERSON TESTIFIERS HAVE TESTIFIED, I WILL PROCEED TO THE REMOTE TESTIFIERS. WHEN YOUR NAME I SNAIM CALLED MR YOUR SCREEN AND ACTIVATE YOUR AUDIOFEED WHEN PRPLT PROMPTED PERSONS NOT REGISTER OFFER TESTIMONY. UTILIZED RAILDZED HAND FEATURE IN ZOOM CALLED UPON. JOINING BY TELEPHONE ONLY PLEASE STAR 9. TO INDICATE YOUR DESIRE TO SPEAK. LY IDENTIFY YOU BY THE LAST THREE DIGITS OF YOUR FOB PHONE NUMBER PHONE NUMBER IS CALLED PRESS STAR 6 TO UNMUTE YOURSELF AND WHEN PROMPTED. SOME FRIENDLY REMINDERS AND TIPS, VIDEO CONFERENCE FROM A QUIET LOCATION IF POSSIBLE. IF YOU ARE ALSO WATCHING PROCEEDINGS ON OLELO, PLEASE MUTE YOUR TELEVISION AT THE TIME YOU ARE CALLED TO TESTIFY. WITH TIMER ON THE SCREEN REACHES ZERO, PLEASE CONCLUDE YOUR REMARKS PROMPTLY. HAWAII REVISED STATUTES 992-3.7 REQUIRES ALL VOTES REMOTE MEETINGS CONDUCTED ROLL CALL UNLESS UNANIMOUS. THEREFORE, FIRST CALL FOR OBJECTIONS. INNER ANY, I WILL CALL FOR ROLL CALL VOTE. FOR THOSE COUNCILMEMBERS PARTICIPATING FROM OUTSIDE COUNCIL CHAMBER, NAIL ACCORDANCE WITH HAWAII REVISED STATUTES 9 2-3.7ER MEETING WILL AUTOMATICALLY RECESS IF WE LOSE AUDIO-VIDEO COMMUNICATION CONTACT WOUND A COMMUNITY U COMMUNITY RECONVENE UNTIL WE RE-ESTABLISH CONTACT. THEREFORE, PLEASE ANNOUNCE BEFOREHAND IF YOU WILL BE SLAIRM SIGNING OUT MEETING. SLVOLUNTARILY. TESTIFIERS EMAIL ADDRESS AND EMAIL ADDRESS AND PHONE NUMBER AVAILABLE TO PUBLIC. COURTESY PLEASE TURN OFF OR SILENCE ALL CELL PHONES. FOR THE DURATION OF THE MEETING. THANK YOU. INFORMING, ITEM NUMBER 6, INFORMATIONAL BRIEFING, BY THE DEPARTMENT OF PLANNING AND PERMITTING. ON CURRENT SHORT-TERM RENTAL ENFORCEMENT ELEMENTS, PAGE 5 OF THE AGENDA. ERST HAS BEEN CANCELED AND WILL NOT BE CONSIDERED TODAY. EFFORTS. WE WILL REAGENDIZED THAT APPROPRIATE TIME. MOVING TO AGENDA ITEM 1, FOR ACTION, RESOLUTION 26-56. APPOINTMENT OF DAVID BRITTIN TO SERVE ON THE ZONING BOARD OF APPEALS THE CITY & COUNTY OF HONOLULU. FOR TERM TO EXPIRE ON JUNE 30, 202330. MR. BRITT IS ATTORNEY AT CASE LOMBARDI. WHERE HIS PRACTICE AREA INCLUDES COMMERCIAL AND RESIDENTIAL REAL ESTATE DEVELOPMENT TRANSACTIONS AND LITIGATION. WE POSTED ON AGENDA CD1 VERSION OF THE RESOLUTION. WHICH I SUBMITTED. SUPPLEMENTARY THE AMENDMENTS LISTED ON THE AGENDA. CD1 MAKES TECHNICAL AMENDMENTS INCLUDING CORRECTING ERROR AND EXPIRATION DATE OF THE A POINTEES TERM. AND REFERENCING MAYOR'S MESSAGE OF NUMBER. THE ZONING BOARD OF APPEALS CONSISTS FIVE MEMBERS. EL BOARD HERES DETERMINES APPEALS FROM THE ACTIONS OF THE DIRECTOR DEPARTMENT OF PLANNING AND PERMITTING. ADMINISTRATION, OF THE ZONING ORDINANCES AND SUBDIVISION ORDINANCES. I WITH LIKE TO CALL UPON THE APPOINTEE TO SAY A FEW WORDS. PLEASE INTRO YOURSELF AND SHARE A LITTLE BIT ABOUT YOUR ROLE ON THE ZONING BOARD OF APPEALS. >>Testifier: MR. BRITT NOT HERE? ABOUT EVERY I CALL UP ADMINISTRATION. >>Testifier: WOULD LIKE TO TAKE PUBLIC TESTIMONY. ING PROCEEDING FIRST WITH IN-PERSON TESTIMONY IN THE CHAMBER. CLERK ANY IT IN PERSON TESTIFIERS. >>Council Clerk: CHAIR,EL THERE ARE NONE. >>Chair Kia'aina: IS THERE ANYONE ELSE IN THE CHAMBER WOULD LIKE TO TESTIFY? SEEING NONE. ARE THERE ANY REMOTE TESTIFIERS? >>Council Clerk: CHAIR, TRR NONE. >>Chair Kia'aina: FOR THE DEPARTMENT? WE HAVE LIZ KROEGER. >>Testifier: GOOD MORNING CHAIR KIA'AINA AND VICE CHAIR WATERS COMPUTE E MEMBERS. ELIZABETH KROEGER DLT OF PLANNING AND PERMITTING. WE SUPPORT THE CD1. DEPARTMENT OF PLANNING AND PERMITTING. WE APPRECIATE MILLENIAL BRITT'S SERVICE AND MR. BRITT'S SERVICE AND WE SUPPORT HIS, RECOMMENDED APPOINTMENT. >>Chair Kia'aina: THANK YOU. ARE THERE ANY QUESTIONS COUNCILMEMBER WATERS. >>Councilmember Waters: THANK YOU. GOOD MORNING. DOES AT APPOINTEE KNOW WHAT THE JOB EBBEN ENRIGHT TAILS AND HOW DO YOU KNOW THAT? U I HAVE NOT CAN COMMUNICATE WITH THIS APPOINTEE. HE INENRICHMENT TAILS I CAN'T ANSWER THAT. ENTAILS. >>Councilmember Waters: IS CRORM A PROBLEM WITH THE BOARDING BOARD OF APPEALS LIKE IT IS ON OTHER BOARDS AND COMMISSIONS? IS QUORUM A BE PROBLEM. >>Testifier: I'M NOT TOO SURE ABOUT THAT EITHER. I DO THINK IT'S VERY TIME-CONSUMING MEMBERSHIP. AND SO I DO BELIEVE THAT IT IS VERY COMPLICATED THE. >>Councilmember Waters: DID YOU GET A COMMITMENT FROM THE APPOINTEE THAT THEY'RE GOING TO DO THEIR BEST TO MAKE ALL SCHEDULED BARRED HEAR BOARD HEAR TIONZ. >>Testifier: I'M SORRY I DON'T KNOW. I HAVE NOT COMMUNICATED WITH THIS PARTICULAR APPOINTEE. HEARINGS. >>Councilmember Waters: THANK YOU. >>Chair Kia'aina: IF THERE ARE NO FURTHER QUESTIONS OR DISCUSSION, CHAIR RECOMMEND THAT IS RESOLUTION 25-56 BE AMENDED TO POSTED CD1. ANY DISCUSSION? ANY OBJECTIONS OR RESERVATIONS? HEARING NONE. RESOLUTION HAS BEEN AMEND TIDE CD1. CHAIR THEN RECOMMENDS RESOLUTION 26-56 CD IS BE REPORTED OUT FOR ADOPTION. ANY DISCUSSION? ANY OBJECTIONS OR RESERVATIONS? HEARING NONE SO ORDERED. COMMITTEE MEMBERS, IF YOU DON'T MIND, I AM AM GOING FOR SWITCH THE ORDER OF NEXT TWO AGENDA ITEMS. I AM GOING TO MOVE TO AGENDA ITEM NUMBER 3. FIRST THEN NUMBER 2. MOVING TO AGENDA ITEM NUMBER 3. FOR ACTION. BILL 48, 2025, THIS BILL ADDRESSES PEDESTRIAN MALLS IN THE DOWNTOWN HONOLULU AREA. WE POSTED ON AGENDA CD1 VERSION OF THE BILL. SUBMITTED BY COUNCILMEMBER DOS SANTOS-TAM. FOR YOUR INFORMATION, SUMMARY THE AMENDMENTS IS LISTED ON AGENDA. NOTE THAT'S ORIGINAL BILL IS ESTABLISHES PORTION OF CHAPLAIN LANE L CHAMP LANE MALL. CLOSED TO VOLUMETRIC LAR TRAFFIC WITH CERTAIN IS EXCEPTION. CHAMP LANE MALL. EXPLANATIONS TO IS IT INCLUDE THAT PORTION OF CHAPLAIN LANE AND ADDITIONAL REQUIREMENTS BICYCLES ON FORT STREET, RIVER STREET AND COLLEGE WALK HAUL U MALLS DEFER TO THE THE INTRODUE OF THE BILLMENT TYLER DOS-SANTOS TAM. FOR EXPLANATION. >>Vice Chair Dos Santos Tam: THANK YOU FOR HEARING THIS BILL TODAY. DIGITAL WORK. INSTEAD OF CREATING WHOLE NEW MALL HAVE ITS OWN RULES AND OWN COMPLICATION SIMPLY IKS PANNED EXISTING FORT STREET MALL BY 150 FEET OR SO ON CHAPLAIN LANE AND ALSO, TALK ABOUT THE EXISTINGEL COBBLE STOLED PART OF PAUAHI STREET AND COVER THAT IT EXISTING FOR THFORT STREET RULES. SIMPLER. OTHER ISSUE IS FOR MANY, MANY YEARS, WE'VE HAD PRESCRIPTIVE RULES ABOUT VEHICULAR TRAFFIC INCLUDING BICYCLES, AND IN 2026, WE'RE TRYING TO ENCOURAGE BICYCLING AND OTHER THINGS SAFELY OF COURSE. SO THAT WHERE A LOT OF THIS TECHNICAL CHANGES COME UP MAKE UP THE REST OF THE CD1. THANK YOU. >>Chair Kia'aina: THANK YOU SO MUCH. BEFORE I CALL UP THE ADMINISTRATION, I WOULD LIKE TO TAKE PUBLIC TESTIMONY. PROCEEDING FIRST WITH IN-PERSON TESTIMONY. IN THE COUNCIL CHAIRMAN BIER. CLERK ANY UNTIL PERSON TIRE TIEFERS FOR THIS ITEM. >>Council Clerk: CHAIR, THERE ARE NONE. >>C TESTIFIERS FOR THIS ITEM. >>Council Clerk: CHAIR, ANYONE ELSE IN THE COUNCIL CHAMBER REMEMBER, WOULD LIKE TO TESTIFY SEEING NONE. INTEREST ANY TESTIFIERS THAT HAVE SIGNED UP REMOTELY. >>Testifier: YES. ONE STANDING BY. >>Chair Kia'aina: ALOHA GOOD MORNING. KAYE COULD YOU A. WOULD YOU LIKE TO PROCEED PLEASE? KE AKUA. >>Testifier: ALOHA CHAIR MEMBERS COMMITTEE. THANK YOU FOR YOUR T TIMED ON PI OF HALF ROMAN CATHOLIC CHURCH AND STATE OF HAWAII. RE WITH ARE VERY APPRECIATIVE OF COUNCIL'S EFFORTS TO, REVITALIZE DOWNTOWN AND CHINATOWN CORRIDOR. OFFERED SOME AMENDMENTS RELATING TO EXPANDING LOADING AN UNDER LOADING RIGHTS FOR CHURCH FUNCTIONS. TO INCLUDE PARCELS THAT ARE AS WELL AIL CLARIFYING SOME HILLARY CLINTONS AROUND TRACK HECOMMENTS FIND NO WRITTEN TESTIMONY. OPEN TO, THE COUNCIL AND ADMINISTRATION'S THOUGHTS AROUND POSSIBLY DOING SOME OF THIS, WITH RULES MAKING, VERSUS HAVING TO COME BACK EVERY TIME TO AMEND THE LAND USE ORDINANCE. BUT WE'LL LIMIT MOST OF OUR SUGGESTIONS AND COMMENTS TO OUR WRITTEN TESTIMONY. FOR YOUR CAN REFERENCE. PROVIDING SOME CLARITY AROUND. THANK YOU FOR YOUR TIME P HAPPY TO ANSWER ANY QUESTIONS IF YOU HAVE THEM. ON BEHALF OF CHURCH. >>Chair Kia'aina: THANK YOU FOR YOUR TESTIMONY. ANY QUESTIONS FOR THE TESTIFIER? CLERK, INTEREST THERE ANY OTHER TESTIFIERS? >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: FOR THE ADMINISTRATION, WE HAVE ROGER MORTON. DIRECTOR DEPARTMENT OF TRANSPORTATION SERVICES. >>Testifier: ALOHA CHAIR KIA'AINA. VICE CHAIR WATERS. MEMBERS OF THE COMMITTEE. ROGER MORTON. DIRECTOR OF TRANSPORTATION SERVICE. IN GENERAL, WE THINK THIS IS A PRACTICAL APPROACH. WE THINK THAT'S OUR INTENT TO HAVE THE MALLS BECOME MORE VIBRANT AND MORE PART OF THE DAILY LIFE IN DOWNTOWN. WE HAD A GOOD SAINT PAT'S DAY ON THE MALL. GIVES US RECALL WE'RE GOING TO GO FORWARD AND MAKE IT, THIS IS A SMALL ADDITION TO IT. INITIALLY ITS WAS CONSIDERED TO BE A DIFFERENT MALL. WE DIDN'T WALK THE MALL WITH THE COUNCILMEMBERS. OF THE DISTRICT. I THINK THIS IS PRETTY PRACTICAL WAY TO DO IT. WE'RE IN FAVOR OF THE GENERAL PRINCIPLE OFEL INCOULD CORPORATEING THAT. AS RESPECTED TO THE CD, VERSION. INCORPORATING THAT, WE HAVE ONE, TELLING I TECHNICAL ISSUE WE TO DO SHOULDING BE ADDRESSED. AMBIGUITY DEFINITION OF VEHICLE WHICH ONE STATEWIDE CODE, INCLUDES BICYCLES AS PART. THAT. AND PART OF THAT. UNDERLYING AMENDED ORDINANCE WHICH SAYS THAT VEHICLES ARE RESTRICTED TO 5 MILES PER HOUR BY BICYCLES CAN TRAVEL AT 10 MILES PER HOUR. WE THINK IT'S EASY AMENDMENT WITH WOULD BE HAPPY TO SHARE OUR I'D WAS THE COUNCIL CHAIR IDEAS WITH COUNCIL CHAIR TO, SOLVE THAT TECHNICAL ISSUE. HAPPY TO ANSWER ANY QUESTIONS. >>Chair Kia'aina: THANK YOU VERY MUCH. DIRECTOR. I TAKE IT THAT YOU HAVE NOT YOU AND YOUR STAFF HAVE NOT BEEN ABLE TO LOOK AT THE TESTIMONY YET OF THE CATHOLIC CHURCH? HAVE YOUR ABOUT WERE YOU ABLE TO LOOK AT THE TESTIMONY? >>Testifier: I JUST HEARD IT TODAY. AND I MEAN, I'VE HEARD IT THIS MORNING. A LITTLE BIT ABOUT WHAT WAS PROPOSED. NO REAL OBJECT OBJECTIONS BUT I HAVE NOT HAD A CHANCE TO REVIEW IT IN DETAIL. >>Chair Kia'aina: OKAY I ACTUALLY HAD A SLEW OF QUESTIONS ABOUT IN LIGHT OF THE FACT PROBABLY MIGHT BE MAKING RECOMMENDATIONS FOR DEFERRAL, WANTED TO GIVEN ALL THE MEMBERS AND COUNCILMEMBER TYLER DOS-SANTOS TAM OPPORTUNITY TO QUERY THE DIRECTOR BEFORE I MAKE MY RECOMMENDATIONS. COMVMENT ANY QUESTIONS TO THE DIRECTOR OR ANYBODY? >>Vice Chair Dos Santos Tam: NO. I APPRECIATE HIS COMMENTS ABOUT THE ISSUE BETWEEN VEHICLES AND BICYCLE. AS DEFINED IN STATE LAW AND I WOULD AGREE WITH THE TESTIFIER MAYBE WE CAN GO SOME ADMIN RULES LOOK AT WAY TO GIVE THEM THE POWER TO REGULATE THESE KIND OF ONE OF SITUATIONS. R INSTEAD. >>Chair Kia'aina: THANK YOU SO MUCH. NO FURTHER DISCUSSION, IN LIGHT OF THE TESTIMONY OF CATHOLIC CHURCH, AS WELL AS COMMENTS MADE BY FOR DIRECTOR, CHAIR RECOMMENDS ACTION BILL 48, 2025 BE POSTPONED TO DATE AND TIME TO BE DETERMINED BY THE CHAIR. TO GIVE CHAIR AND MEMBERS OF THIS COMMITTEE OPPORTUNITY TO ADDRESS THE ISSUES RAISED OF THE ANY DISCUSSION? ANY OBJECTION ORGANIZATION RESERVATIONS? HEARING NONE. SO ORDERED. >>Testifier: THANK YOU. BHAK TO AGENDA ITEM NUMBER 2. FOR ACTION. RESOLUTION 26-43. THIS RESOLUTION GRANTS SPECIAL MANAGEMENT AREA MAJOR PERMIT TO JOHN A. LIBBY AND KATHLEEN H. LIBBY TRUST TO ALLOW FOR FIRST, DEMOLITION OF SHED CONSTRUCTION OF TWO, TWO STORY SING UNIT DWELLINGS WITH THREE CAR GARAGED ATTACHED ONE. EXPELLINGS. IN GROUND POOL AND SPA REFLECTS POOL. PAVILION, TWO BATHROOMS. PAVILIONS AUTO COURT, TWO INSTALLATION OF TWO INDIVIDUAL WASTEWATER SYSTEMS CONCRETE MASONRY WOODEN WALL. NYLON FENCING, SETBACK AREA, LANDSCAPING IRRIGATION SYSTEM. 0,883 SQUARE FOOT SHORELINE LOT R7 MINT 2 RESIDENTIAL DISTRICT LOCATED THE 68-631 CROZIER DRIVE AND SECOND, DIM LIGS OF 2 SINGLE STORY, SINGLE UNIT DWELLINGEN CONSTRUCTION OF TWO SINGLE STORY SINGLE UNIT DWELLINGS WITH AUTO COURT AND BASKETBALL HALF COURT. THAT WILL ALSO ACCOMMODATE. PAYING AND INSTALLATION OF TWO INDIVIDUAL WASTEWATER SYSTEMS NYLON FENCING. WITHIN THE SHORELINE SETBACK AREA. AND LANDSCAPING I RECALL GENERAL EDUCATION SYSTEMS ON 20,598 SQUARE FOOT SHORELINE LOT ZONED R.75 RESIDENTIAL DISTRICT LOCATED 68-623 CROZIER DRIVE. THE TWO PASSION SELLS ARE ADJACENT ZONING LOTS IN WAIALUA. AND ARE UNDER THE SAME OWNERSHIP. DEVELOPMENT ON THESE PARCELS ARE BEING CONSIDERED TOGETHER UNDER THIS RESOLUTION. BUT ZONING LOTS ARE NOT JOINTLY DEVELOPED. CONSIDERED SEPARATE WILL THE LOTS FOR SETT SETTLEMENT PURPOS. RESOLUTION. SUMMARY IS LIST THE ON AGENDA. I AM PREP OING R PROPOSING VERBL AMENDMENT. RELATING TO THE TIMING FORMBY APPLICANT MINOR SHORELINE STRUCTURE PERMIT FOR THE PROJECT PROPOSED PERIMETER FENCING. CONDITION K-1 AMENDED TO READ AS FOLLOWS. APPLICANT SHALL OBTAIN MINOR SHORELINE STRUCTURE PERMIT PRIOR TO THE ISSUANCE OF BUILDING PERMIT FOR ANY PROPOSED STRUCTURES LOCATED WITHIN THE SHORELINE SETBACK AREA. IN INCLUDING THE PROJECT PROPOSED PERIMETER FENCING. JOIN US TODAY IS JIM HAYES FROM PLANNING SOLUTIONS YIRNG. PROVIDING, INC. BRIEF PRESENTATION. FOR YOUR INFORMATION, PRESENTATION IS AVAILABLE ONLINE AS MISCELLANEOUS COMMUNICATION 137, 2026. >>Testifier: THANK YOU CHAIR. JIM HAYES. WITH FINANCE SOLUTIONS. AGENT FOR THE APPLICANT. SEEM TO BE HAVING A TECHNICAL DIFFICULTY WITH THE PRESENTATION. CLICKER DOESN'T WORK. THANK YOU. SO THE PROJECT INVOLVES TWO SHORELINE PARCELS, IN WAIALUA AREA. THEY'RE IN THE R7.5 DISTRICT. AND HAVE TBHN USE FOR RESIDENTIAL DEVELOPMENT FOR MANY DECADE YOU. HAVE BEEN IN ALWAYS. DECADES THIS SHOWS CURRENT DEVELOPMENT ON THE PARCELS. CON SENATE CYSTING SINGLE FAMILY DWELLINGS. CONSISTING. IT EXISTING DWELLINGS REMOVED AND NEW DEVELOPMENT PROPOSED BUILT AFTER THAT. AS YOU CAN SEE IN THIS PHOTO, RESIDENTIAL AREAS SURROUND IT AND HAVE SIMILAR DEVELOPMENT WITH UP TO TWO DWELLINGS PER LOT AS TYPICAL LOOKING AT SEA LEVEL RISE, AND EXPOSURES TO HAZARD ON THE SHORELINE, SUBSTANTIAL PART OF THE PROJECT AREA IS WITHIN THE SEA LEVEL RISE EXPOSURE AREA. BUT THE SEA LEVEL RISE EROSION HAZARD IS CON 49erED TO THE SHORELINE AREA. CONFINED SHORELINE AREA AND A SHORELINE SETBACK AREA AND PROJECT WILL BE BEHIND THOSE HAZARD AREAS FOR EROSION. AND THE FOUNDATION ELEMENTS OF STRUCTURES WILL BE BUILT MORE SUBSTANTIALLY TO ADDRESS THE SEA LEVEL RISE EXPOSURE AREA HAZARDS. EXPOSURE HAZARDS ARE PRIMARILY ASSOCIATED WITH HIGH WASH OF WAVES. THIS ILLUSTRATES PROPOSED DEVELOPMENT. CONSISTING OF TWO SINGLE FAMILY DWELLINGS ON EACH PARCEL. WITH AMPLE PARKING AREAS. AND INDIVIDUAL WASTEWATER SYSTEMS TO MANAGE THE DOMESTIC WASTE FROM BOTH PARCELS. AND I WAS LISTENING TO THE VERBAL MODIFICATION OR PROPOSAL TO THE RESOLUTION AND I THINK THERE WAS A LITTLE MISUNDERSTANDING. OUR REQUEST WAS TO MODIFY CONDITION G1, NOT K-1. SO G1 IS THE CONDITION REGARDINGEL ARCHAEOLOGICAL AND HISTORIC RESOURCES. AND OUR REQUEST WAS TO MODIFY THE LANGUAGE IN G1 SO THAT IT WAS ABOUT GROUND DISTURBANCE AND PROJECT CONSTRUCTION, NOT OCCURRING PRIOR TO RECEIVING LETTER FROM THE STATE HISTORIC PRESERVATION DIVISION. SOMETHING TO DISCUSS THAT AND ANY QUESTIONS COUNCIL MAY HAVE. THANK YOU. IWILLING TO. >>Chair Kia'aina: CHAIR WOULD LIKE CALL A BRIEF RECESS. THANK YOU. (RECESS). >>Chair Waters: HEARING CALLED BACK TO ORDER. MEMBERS, WE AFTER FURTHER CONSULTATION WITH THE AGENT AND APPROPRIATE COUNCIL, THERE WAS AN ERROR IN THE VERBIAGE. AND WE HAVE COME TO THE CONCLUSION THAT THE RECOMMENDED VERBIAGE BY THE AGENT IS OKAY. SO IF YOU DON'T MIND, I WILL BE MAKING VERBAL AMENDMENT TO ACCEPT HIS RECOMMENDATIONS. AND THAT WAS IN CONCERT WITH ALL OF THE APPROPRIATE AGENCY, AS WELL AS COUNCIL HERE FOR THE CITY COUNCIL. SO MEMBERS, AFTER PRESENTATION, DOES ANYBODY HAVE ANY QUESTIONS? FOR THE TESTIFIER? COUNCILMEMBER CORDERO. >>Councilmember Cordero: THANK YOU. MR. HAYES I HAVE A QUESTION ABOUT THE INDIVIDUAL WASTEWATER SYSTEMS. YOU MENTIONED THAT BOTH PARCELS IS HAVE IT A KNOW THAT YOU MENTIONED, HOW DOES IT EXPAND OR HOW DOES IT LIKE GET, WHAT IS THE CONNECT TO? >>Testifier: SO THE APPLICANT WILL BE SEEK PERMITS FROM THE DEPARTMENT OF HEALTH WASTEWATER BRANCH, FOR INDIVIDUAL WASTEWATER SYSTEMS, AND DON'T HAVE THE DIAGRAM UP ANY MORE. MORE MAUKA SECTION PROPERTY, BETWEEN TWO DWELLINGS, THEY'LL BE LEACH FIELDS AND SEPTIC TANKERS. ON BOTH PROPERTIES. >>Councilmember Cordero: BETWEEN FOR THESE LINES ARE THEN? >>Testifier: IT WILL BE ESSENTIALLY IN THE -- CENTRAL PART OF THE -- DID YEAH. SO BEHIND THE SHORELINE DWELLING, BUT IN FRONT OF THE ROADSIDE DWELLING. >>Councilmember Cordero: I SEE WHAT YOU MEAN. THANK YOU. THAT HELPS FOR CLARIFICATION. THANK YOU MR. HAYES. >>Chair Kia'aina: COUNCILMEMBER OKIMOTO. >>Councilmember Okimoto: THANK YOU CHAIR. REALLY QUICK QUESTION. JUST BECAUSE WE'VE BEEN TALKING SO MUCH ABOUT THE FLOODS IN WAIALUA. WAS THERE PROPERTY IMPACT BY RECENT STORMS? >>Testifier: I THOUGHT YOU MIGHT ASK THAT QUESTION. I HAVEN'T BEEN THERE TO SEE. MY UNDERSTANDING IS THAT MOST OF THE SHORELINE PROPERTIES WERE NOT ADVERSELY AFFECTED. AND THAT'S MORE THE PROPERTIES BEHIND THE SAN DUNES THAT WERE AFFECTED SAND DUNES. THIS PROPERTY IS THE VE SNROOD ZONE WHICH IS RELATED FLOOD ZONE WHICH IS RELATED TO DO HIGH WAVES. IT'S NOT IN THE AE FLOOD ZONE SOACIALGED MORE WITH A ASSOCIATED MORE STREAM FLOODING I DON'T BELIEVE THAT WAS ADVERSELY EFFECTED. >>Councilmember Okimoto: I APPRECIATE THE DIAGRAM. YOU TALKED ABOUT FLOOD. SEA LEVEL RISE AND SHORELINE EROSION. WANT TO MAKE SURE WE'RE NOT GOING TO PUTTING ANOTHER RESIDENT OR HOME IN AREA WHERE THEY WOULD BE. ELEL AFFECTED BY WEATHER. >>Testifier: THESE ARE SIDED SPECIFICALLY BEHIND THE SHORELINE EROSION AREAS. AND THEY ARE IN THE WHAT WE CALL SEA LEVEL RISE EXPOSURE AREA BUT THAT ENTIRE AREA IS UNTIL AREA. AND THERE ARE IN THAT AREA AND FOUNDATIONAL CONSIDERATIONS THAT ARE INCORPORATED INTO DESIGN. TO REDUCE THE RISK OF DAMAGE FROM THOSE KIND OF HAZARDs. >>Councilmember Okimoto: THANK YOU VERY MUCH. >>Chair Kia'aina: E'O THANK YOU CHAIR. >>Chair Kia'aina: THANK YOU. I KNOW WE'VE JUST, DISCUSSED IWI KUPUNA BEFORE. WITH REGARD TO A LOT OF THESE PROJECTS. I NEED TO ASK IT. IF IWI KUPUNA ARE DISCOVERED DURING EXCAVATION FOR THE SWIMMING POOL, IS YOUR TEAM PREPARED TO LOOK AT ALTERNATIVES TO ALLOW FOR BURIAL IN PLACE INCLUDING MOVING POOL TO DIFFERENT LOCATION? >>Testifier: YES. BETWEEN ERR WE'RE WILLING TO CONSIDER THAT. WE HAVE DONE ENVIRONMENTAL OR ARCHAEOLOGICAL INVENTORY STUDY WITH TRENCHING AND HAVE NOTE ENCOUNTERED ANY IWI KUPUNA. BUT THERE IS STILL REMAINS POTENTIAL FOR IT AND WE WILL BE WILLING TO CONSIDER THAT IN THAT EVENT. >>Chair Kia'aina: THANK YOU SO MUCH. BEFORE I CALL UP THE ADMINISTRATION, I WOULD LIKE TO TAKE PUBLIC TESTIMONY. PROCEEDING FIRST WITH IN-PERSON TESTIMONY, CLERK ANY IN-PERSON TESTIFIERS GULE THERE ARE NONE. >>Chair Kia'aina: ANYBODY IN THE CHAMBER WOULD LIKE TO TESTIFY ON IT ITEM? SEEING NONE. PROCEEDING WITH REMOTE TESTIMONYMENT ANY REMOTE TESTIFIERS? >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: FOR THE ADMINISTRATION, WE HAVE LIZ KROEGER. GENTLE. >>Testifier: THANK YOU CHAIR. VICE CHAIR WATERS AND COMMITTEE MEMBERS. WE SUPPORT THIS PROJECT. WE THINK THE THANK THE CHAIR FOR WORKING WITH US ON THOSE AMENDMENTS WE SUPPORT THE PROPOSED AMENDMENT. AS YOU FURTHER DISCUSSED. AND WE'RE AVAILABLE FOR ANY QUESTIONS. >>Chair Kia'aina: MEMBERS ANY QUESTIONS FOR DPP? IS THERE ANY DISCUSSION BEFORE I MAKE MY RECOMMENDATION? HEARING NONE. CHAIR RECOMMEND THAT RESOLUTION 26-43 BE AMENDED TOED POSTED CD1. FURTHER AMEND, DISCUSSED TO AMEND CONDITION G1 AS RECOMMENDED BY THE APPLICANTS AGENT. ANY DISCUSSION? ANY OPTIONS OR RESERVATIONS? HEARING NONE. RESOLUTION HAS BEEN AMEND TO A CD1. AND FURTHER AMENDED AS WE HAD DISCUSSED. CHAIR THEN RECOMMEND THAT IS RESOLUTION 26-43, CD1 BE REPORTED OUT FOR ADOPTION. ANY DISCUSSION? ANY OBJECTIONS OR RESERVATIONS? HEARING NONE. SO ORDERED. MOVING TO AGENDA ITEM NUMBER 4. FOR ACTION. BILL 21, 2026, THIS BILL AMENDS LAND USE ORDINANCE ROH CHAPTER 21, RELATING TO TRANSIT-ORIENTED DEVELOPMENT WHICH I WILL BE REFERRING TO AS T.O.D. WHICH THE NEIGHBORHOOD T.O.D. PLAN AREAS AND T.O.D. SPECIAL DISTRICT. AMENDMENTS TO THE LAND USE ORDINANCE PROPOSED BY THE COUNCIL ARE PROCESS BID THE DEPARTMENT OF PLANNING AND PERMITTING. AND PLANNING COMMISSION. THE COUNCIL PROPOSED BILL 21 BY ADOPTION OF RESOLUTION 2 25-51. DEPARTMENT AND COMMISSION RECOMMENDED APPROVAL OF THE BILL. FOR T.O.D. PROJECTS, COMMUNITY BENEFITS ARE MEANT TO OFFSET BONUS HEIGHT OR DENSITY OR MODIFICATION OFFER DEVELOPMENT STANDARDS, ESKS COMMUNITY BENEFITS INCLUDE AFFORDABLE HOUSING. OPEN SPACE, PARKS RIGHT OF WAY IMPROVEMENTS. EXAMPLES) FINANCIAL CONTRIBUTIONS TO EXISTING COMMUNITY AMENITIES OR PUBLIC USES, AND FACILITIES THAT ENHANCE PEDESTRIAN EXPERIENCE OR MAULTY MODAL TRANSPORTATION. MULTIMODAL. BILL WOULD ADD GRAY WATER REUSE SYSTEMS AS AN EGGS OF COMMUNITY BENEFIT THAT EXAMPLE OF COMMUNITY BENEFIT DEVELOPER COULD PROPOSE. THE TOTAL COMMUNITY BENEFITS PACKAGE PROVIDED MUST BE COMMENSURATE WITH THE HIGHLIGHT AND DENNIS BONUSES OR OTHER DEVELOPMENTS STANDARD FLEXIBILITY SOUGHT BY A PROJECT. UNDER STATE LAW GRAY WATER DEFINED STATE LAW AS UNTREATED. WATER THAT HAS NOT COME INTO CONTACT WITH TOILET WASTE AND EXCLUDES WASTEWATER FROM FOOD PREPARATION CINCHES OR DISH WASHING WASHES. INCLUDES USED WATER FROM BATH TUBBSS SHOWERS AND BATHROOM WASH BANESES WATER FROM CLOTHES WASHERS AND LAUNDRY TUBS BUT THE WATER, MOWS BE CONTAMINATE ENATED NOT BE CONTAMINATED WITH HOUSES HOTEL HAZARDOUS WASTE. GRAY WATER E USE LAWNS GORE E'O GARDNER IT'S AN OTHER LANDSCAPING. LIMITED TO. DEPARTMENT REPORTS THAT CURRENTLY GRAY WATER REUSE SYSTEM NO THE REQUIRED MAY BE COSTLY TO INSTALL. INCENTIVIZE USE OF THESE SYSTEMS IS COMMUNITY BENEFIT FOR T.O.D. PROJECTS MAY ENCOURAGE LAND OWERS AND DEVELOPERS INCORPORATE THEM INTO PROJECT HELP REDUCE IMPACT OF ADDITIONAL AND DENSITY WATER MANIFEST AND RESOURCES. BILL MAKES IT CONFORMING AMENDMENTS THAT MAKE REQUIREMENTS FOR PLANNED DEVELOPMENT TRANSIT PROJECTS THE SAME. AS REQUIREMENTS FOR INTERIM PLAN VAL OKIMOTO VEUMENT TRAIN M PROJECTS. ELEL PROJECTS WITH HOTEL COMPONENT AND REQUIREMENT TO INCLUDE DOLLAR AMOUNT VALUE OF THE COMMUNITY BENEFIT ARE YOUR, AND PROJECT'S I APPLICATION. IS COUNCILMEMBER WEYER ON VIA TELECONFERENCE? >>Council Clerk: CHAIR, NO. >>Chair Kia'aina: BEFORE I CALL UP THE ADMINISTRATION,EL I WOULD LIKE TO TAKE PUBLIC TESTIMONY. PROCEEDING FIRST WITH IN-PERSON TESTIMONY 234 COUNCIL CHAMBER. THRESHINGS ANY IN-PERSON TESTIFIERS FOR THIS ITEM? CLERK. >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: ANYONE ELSE IN THE COUNCIL CHAMBER WOULD LIKE TO TESTIFY? FLEECE COME FORWARD TO THE PODIUM AND BEGIN BY STATE YOU SHALL YOUR NAME. ELEL PLEASE COME FORWARD. SEEING NONE. PROCEEDING ON WITH PROMOTE TESTIMONY. ANY REMOTE TESTIFIERS. >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: FOR THE ADMINISTRATION? >>Testifier: OLELO CHAIR. EL YOUR SUM ARE YOU WAS SO THOROUGH. SUMMARY. AND EFFICIENT THAT I CAN ONLY ARER ADD THAT THE DEPARTMENT REVIEWED THE RESOLUTION AND THE DRAFT BILL ASSOCIATED WITH THAT AND HAD A ROBUST DISCUSSION ABOUT COMMUNITY BENEFITS AND GRAY WATER REUSE. AND FOUND THAT THE PROPOSAL INITIAL ED BY COUNCILMEMBER WEYER WAS A GOOD YOU HAD ONE AND GRAY WATER REUSE, CAN BE VERY BENEFICIAL FOR NEIGHBORHOODS BECAUSE IN THOSE AREAS WHERE ADDITIONAL HEIGHT AND DESTINY IS PROPOSED, DENSITY USE OF GRAY WATER, CAN P KEEP MORE POTTEDDABLE WATER AVAILABLE FOR OTHER DEVELOPMENTS WITHIN THAT AREA. ALSO, THE CONFORMING AMENDMENTS ARE AS YOU SAID, ALREADY IN CERTAIN SECTIONS. OF THE T.O.D. SPECIAL DISTRICT CODE. AND NOW WILL BE REFLECTED IN ALL AMICABLE SECTIONS. SO THE APPLICABLE SECTIONS. DEPARTMENT SUPPORTS THIS PAROLE AND WE'LL AVAILABLE FOR ANY DISSH-THIS PROPOSAL AND AVAILABLE FOR ANY QUESTIONS THIS IF YOU HAVE ANY. >>Chair Kia'aina: ANY QUESTIONS? >>Councilmember Cordero: THANK YOU CHAIR. I HAVE A QUESTION ABOUT NOT SPECIFICALLY ABOUT THE GRAY WATER ITSELF, OR THE PROPOSAL, BUT SPECIFIC PLANNING COMMISSION AND IF THEY MADE ANY AMENDMENTS. I KNOW WHEN I WAS TALKING TO A LOT OF THEEL SUPPOSED NOT SUPPOSED BUT NOW, THOSE ON THE PLANNING COMMISSION, THAT THEY REALLY TALK A FINE-TOOTH COMB TO THESE AND MAKE PROPER AMENDMENTS BEFORE COMING BACK TO THE COUNCIL ICHT WANTED TO FOLLOW UP ON THAT. >>Chair Kia'aina: THANK YOU FOR THAT QUESTION. >>Testifier: THE PLANNING COMMISSION DIDN'T RECOMMEND ANY CHANGES ON THIS PARTICULAR BILL. BUT YOU'RE RIGHT. I THINK THAT WE'VE BEEN BEFORE THEM ALREADY IN THIS END OF 2025 BEGINNING OF THIS YEAR WHICH I THINK THREE SEPARATE BILL. BEEN VERY INTERACTIVE AND HAD A LOT OF QUESTIONS. SO FOR THIS ONE HAD A LOT OF QUESTIONS ABOUT THE CONFORMING AMENDMENTS BECAUSE THEY LOOK A LITTLE BIT CONFUSING. LOOK LIKE A POLICY CHANGE. BUT THEY'RE IN FACT NOT A POLICY CHANGE. SO THAT WAS THE KIND OF BULK OF THEIR CONCUSSION DISCUSSION ON THIS ONE. IT. >>Councilmember Cordero: GREAT TO HEAR. THANK YOU. AND I DO LOOK FORWARD TO THEIR MORE IN DEPTH DISCUSSION THEN POSSIBLE AMENDMENTS WHETHER IT BECOMES IT BEFORE THE COUNCIL. THANK YOU. CHAIR KIA'AINA. >>Chair Kia'aina: VICE CHAIR WATERS. >>Councilmember Waters: THANK YOU SO MUCH. STRONG SUPPORT. GREAT IDEA. WE WANT TO ENCOURAGE MORE DEVELOPERS TO DO THIS TYPE OF TECHNOLOGY. EXCHANGE FOR DOING GRAY WATER, TYPICALLY, GET INCREASED HEIGHT AND DENSITY. CORRECT? >>Testifier: GRAY WATER COULD BE ONE COMMUNITY BENEFIT IN A PAC AJ OF COMMUNITY BENEFITS. YEAH. OFTEN IS RELATED TO ADDITIONAL HEIGHT AND DENSITY. >>Councilmember Waters: AMENDING CHAPTER 21, IS THAT. >>Testifier: THAT'S RIGHT. EL. >>Councilmember Waters: WE HAVEN'T DONE ONE IN A WHILE. BUT WE WORKED HARD ON THE ALA MOANA T.O.D. PLAN. GOT THE BUNCH OF T.O.D. PLANS. HOW DOES THIS AFFECT ALL OF THOSE PLANS THAT DON'T INCLUDE THIS AS A COMMUNITY BENEFIT. DO WE HAVE TO GO AHEAD AMEND ALL OF THOSE COMMUNITY PLANS NOW? >>Testifier: I DON'T BELIEVE THOSE COMMUNITY PLANS WOULD HAVE TO BE AMENDED. WE DO HAVE THE T.O.D. ADMINISTRATOR HERE. EL AND MAY BE I CAN ASK HIM IF HE HAS ANY COMMENT ON THAT. BUT FOR PURPOSES OF THE T.O.D. PEPERMITS LUO WOULD APPLY EVERY TRANSIT STATION AREA. >>Councilmember Waters: YEAH. TIM IS SAYING THAT'S FINE. >>Councilmember Waters: THIS WOULD, HATE TO USE THE WORD TRUMP COMMUNITY BENEFIT, COMMUNITY PLANS IS THAT RIGHT? >>Testifier: SUPERSEDE MAYBE BETTER WORD. GOING TO HAND THIS OVER TO FILM. TIM STRIETS ACTING T.O.D. ADMINISTRATOR SO, COME INTO PLAY SPECIAL DISTRICT OR INTERIM PERMIT IT'S HAVE TO BEING GENERALLY CONSISTENT WITH THE PLAN. IF WHAT YOU'RE PROPOSING PART OF THIS BILL, SHOULD BE ADOPTED. THEN IT SHINING E'O CHANGE DINNER CHANGES DID HE INITIAL OF COMMUNITY BENEFIT REFERRED TO IN THE PLAN. BY HAVING, THE DEFINITION LIST GRAY WATER, THESE PERMITS WOULD STILL BE CONSISTENT WITH THE PLANS THAT MENTIONED COMMUNITY BENEFITS. EVEN IF THEY'RE NOT SPECIFICALLY MENTIONING GRAY WATER. WORKED MOANALUA T.O.D. PLAN YEARS AGO AND IN THAT PLAN, AFFORDABLE HOUSING WAS NOT INCLUDED AS A COMMUNITY BENEFIT. LOOK AT CHAPTER 21, AFFORDABLE HOUSING ISEL CONSIDERED A COMMUNITY BENEFIT. NO REDS TO GET INCREASED HEIGHT AND DENSITY. IN ORDER TO GET. RIGHT? >>Testifer: COMMUNITY I COMMUNITY BENEFITS OPEN-ENDED. EL COMMUNITY BENEFIT. >>Councilmember Waters: COMMENSURATE COMMUNITY BENEFIT. >>Testifier: RIGHT. DEVELOPER CAN ALSO PROPOSE WHAT THEY CONSIDER BENEFIT AND AGENCY WILL EVALUATE THAT AND MAKE A RECOMMENDATION. WHAT ORGS U. >>Councilmember Waters: ONE DEVELOPER SAYING BALCONY ON THE APARTMENT WAS OPEN SPACE. REMEMBER THAT? RIDICULOUS. >>Testifier: I AGREE. >>Councilmember Waters: LASTLY PAGE 3, THIS IS IN HERE. CHANGING THE VERBIAGE. FINALLY DRI DWELLING UNITS MOWSE REMAIN AFFORDABLE HOUSING FOR 30 YEARS. ALREADY IN THE ORDINANCE. THAT'S WHAT I'M ASKING BILLEL 11. DOES THIS 30 YEAR RECAN REQUIREMENT REALLY WORK? IS THAT SOMETHING WE SHOULD CHANGE HERE AND NOW? DISCUSSIONS PART OF BROADER AFFORDABLE HOUSING STRATEGY OVERHAUL. WHETHERRER THAT COMPONENT IS WORKING. BET IRCOUGARS R CONSIDERATION LOOK AT ALL REQUIREMENTS COMPREHENSIVELY. >>Councilmember Waters: DEVELOPER COMES BEFORE US WITH A TIED PLANNED A WANTS TO DO AFFORDABLE HOUSING,EL T.O.D. PLAN. YOU HAVE TO KEEP IT AFFORDABLE FOR TEN YEARS? OR THAT VIOLATES CHAPTER 21? >>Testifier: SO IF THEY CAME IN FOR PLAN DEVELOPMENT TRANSIT PERMIT, ASSUMING AMENDMENTS THAT ARE IN THIS BILL, ARE ADOPTED. THEY WOULD NEED TO FOLLOW THAT. BUT I BELIEVE WITHOUT LOOKING AT THAT ACTUAL LANGUAGE, THAT WOULD BE RELATED TO THE BONE US PORTION. SO WE NEED TO FULFILL WHAT THE AFFORDABLE HOUSING REQUIREMENT UNDER CHAPTER 29 REQUIRES. AND THEN ANYTHING REPROVIDING ABOVE THAT, COULD BE CONSIDERED AFFORDABLE UNIT. I BELIEVE THAT IS WHERE THAT LANGUAGE COMES INTO PLAY. AND THEN IF IT'S CONSIDERED, AND THEN IF THE PROJECT INCLUDES HOTEL, COMPONENT, BECAUSE THAT IS NOT A TRIGGER UNDER CHAPTER 29. >>Councilmember Waters: RIGHT. WHY WOULD WE WANT ATTACH AFFORDABLE UNITS TO A HOTEL? >>Testifier: THAT I BELIEVE WAS CONTEMPLATED BY CITY COUNCIL UNDER PRIOR INTERIM PLAN DEVELOPMENT TRANSIT PERMITS THIS. IS JUST CARRYING OVER THAT ARE SAME. >>Councilmember Waters: PREVIOUS COUNCIL? WHAT IS THE DEPARTMENT'S VIEW ON THAT? IS THAT RATIONALE TO PUT AFFORDABLE UNITS ON A HOTEL? TWO COMPLETELY DIFFERENT USES. >>Testifier: OKAY. SO LIZ WAS MENTIONING THAT I THINK RECALL GENESIS WAS OF THAT CONDO HOTEL UNITS THAT RULE SOMEWHAT PREVALENT THROUGHOUT ALA MOANA LOOKED AND ACT ABLGD ACTED LIKE HOTEL. >>Councilmember Waters: STILL. >>Testifier: EVEN THOUGH THEY WEREN'T. >>Councilmember Waters: I THINK GOOD IDEA TO ATTACH AFFORDABLE HOUSING TO HOTELS? OR CONDO HOTEL TELEPHONE TELEPHO GET A STRAIGHT ANSWER. YES OR NO? >>Testifier: MAYBE CHAIR WE SHOULD. >>Councilmember Waters: MAYBE NOT IN IN BILL, DEALING WITH GRAY WATER. WHICH IS GREAT. I DON'T WANT TO HEALED HOLD THAT UP. HOLIDAY HE THAT UP. AT THE SAME TIME, SOMETHING WE GOT TO LOOK AT. I DON'T WANT TO HOLD THAT UP. RIGHT? , BECAUSE MEETING WITH OTHER PEOPLER W R REGARDING THIS AND I JUST DON'T SEE THE RATIONALE HERE. >>Testifier: SOMETHING WE COULD CERTAINLY LOOK INTO. I DON'T HAVE A DEPARTMENTAL POSITION. BUT WE COULD ASK OUR DIRECTORRER AND SEE. >>Councilmember Waters: SORRY P OUT YOU ON THE SPOT. PUT LIZ ON THE SPOT. DO YOU HAVE THE AUTHORITY TO SPEAK ON BEHALF OF THE DEPARTMENT WITH REGARD TO WHETHER OR NOT WE SHOULD MAKE IT REQUIREMENT THAT YOU PUTEL AFFORDABLE HOUSING AS A REQUIREMENT FOR HOTEL? >>Testifier: I DON'T HAVE AUTHORITY TO SET UP A POLICY POSITION RIGHT NOW ON THIS PARTICULAR ISSUE. I WILL SAY THAT ONE OF THE THINGS THAT WAS CONCERN TO THE PROFESSION COUNCIL IS IDEA THAT PREVIOUS COUNCIL PLANNED DEVELOPMENT TRANSIT PERMIT MIGHT CHOOSE CONDO HOTEL UNITS THAT LOOKED AND BEHAVED ACTED JUST LIKE REGULAR UNITS. IN ORDER TO AVOID THINGS LIKE PARK DEDICATION REQUIREMENTS, OR AFFORDABLE HOUSING REQUIREMENTS. SO WHAT THE CONCERN OF THE COUNCIL AT THAT TIME WAS THAT IF THEY LABELED IT HOTEL UNITS, THEN THEY DIDN'T NEED TO PROVIDE AFFORDABLE HOUSING. AND CERTAIN PROJECTS, THE HOTEL UNITS WERE LARGER THAN THE AFFORDABLE HOUSING UNITS. SO THERE WAS A BIG DISCUSSION OF EQUITY AT THE TIME. I DO THINK THAT IS ESPECIALLY WITH DEPARTMENT OF HOUSE AND LAND MANAGEMENT'S REVIEW OF THE LIKE OUR GLOBAL AFFORDABLE HOUSING POLICIES, WITHIN THE CITY, THIS IS ONE OF AFFORDABLE HOUSING POLICY THAT CAN BE REVISITED. >>Councilmember Waters: DO YOU KNOW HOW WE TAX CONDO-TELS? ARE THEY TAXED AT THE RESORT RATE? >>Testifier: I DON'T KNOW BUT I BELIEVE SO. >>Councilmember Waters: WHAT IF INDIVIDUALSEL APARTMENT OWNERS DEDICATED THEIR CONDO-TEL UNIT TO RESIDENTIAL? I MEAN, MAYBE IT'S SIMPLE. JUST SAY IF IT YOU'RE GOING TO BUILD CONDO-TEL YOU'RE IN THE RESORT CATEGORY. RIGHT? >>Testifier: I'M NOT SURE HOW THE TAXATION APPLIES NECESSARILY. WATERS DOES A CONDO-TEL UNIT RENT SHORT-TERM? TURN IT INTO TVU? >>Testifier: BY DEFINITION, HOTEL UNIT IS FOR SHORT-TERM RENTALS. >>Councilmember Waters: SO THEY COULD BE POSSIBLY THREE DIFFERENT TAX CATEGORIES. CONDO-TEL. >>Testifier: I BELIEVE THAT THEY WOULD NOT BE CONSIDERED FOR TAX PURPOSES A TVU. BECAUSE THE HOTEL UNIT IN FACT IS SUPPOSED TO BE SHORT-TERM RENTALLED OR AVAILABLE FOR SHORT-TERM RENTALS, FOR SOMETHING LIKE 270 DAYS OF THE YEAR. >>Councilmember Waters: THANK YOU CHAIR. FOR ALLOWING ME GO THERE. AGAIN, I DON'T WANT TO HOLD UP THIS BILL. THIS IS A GOOD BILL. BUT IT'S SOMETHING WE MIGHT WANT TO LOOK AT. THANK YOU FOR YOUR ANSWERS. THANK YOU. I HAVE JUST A FEW QUESTIONS. FOR DPP. STATE DEPARTMENT OF HEALTH HAVE RULES IN PLACE TO ENSURE THAT'S WATER QUALITY OF THE GRAY WATER REUSE SYSTEMS IS CLOSELY MONITORED FOR RESIDENT SAFETY? >>Testifier: YES. I BELIEVE SO. THE REFERENCE IS TO HAWAII REVISED STATUTES CHAPTER 342D-1. >>Chair Kia'aina: OKAY. AND HOPEFULLY, YOU CAN CONFIRM THIS BILL MOVES FORWARD. >>Testifier: YES. >>Chair Kia'aina: SECOND IF RESIDENTS INADVERTENTLY OR INTENTIONALLY DISTANT POTUS OF HAZARD WASTE IN KISS POSE OF BATHROOM SINK. DISPOSE OF -- OR LAUNDERED SOILED I'M GREAT WATER REUSE SYSTEMS GENERALLY ABLE TO TREAT SUCH CONTAMINANTS? >>Testifier: I BELIEVE SO. YES. ANOTHER THING THAT WE CAN FURTHER LOOK INTO. FOR THE NEXT HEARING. >>Chair Kia'aina: THANK YOU. DO YOU HAVE ANY MEMBERS DO YOU EVER ANY OTHER QUESTIONER OR DISCUSSION BEFORE I MAKE MY RECOMMENDATION? COUNCILMEMBER CORDERO. >>Councilmember Cordero: THANK YOU CHAIR. I DO HAVE A QUESTION FOR THE PLANNING COMMISSION. IF THAT IS POSSIBLE TO ASK. >>Chair Kia'aina: FOR THIS ISSUE? >>Testifier: FOR THIS CLEAN WATER? >>Councilmember Cordero: YES. IS THAT OKAY? >>Chair Kia'aina: NO. >>Testifier: >>Councilmember Cordero: WANT ANOTHER DISCUSSION. >>Chair Kia'aina: SURE. SINCE YOU HAPPENS TO BE THE AUDIENCE FOR THE NEXT AGENDA ITEM. >>Testifier: YEAH. THANK YOU. >> ALOHA CHAIR. CHAIR PLANNING COMMISSION. >>Councilmember Cordero: THANK YOU. CHAIR PLANNING LIQUOR COMMISSION CHAIR. I DO HAVE REALLY GOOD QUESTION. PLANNING COMMISSION CHAIR. I KNOW THAT PLANNING DHITION IS WORKING LOOK AT PROPOSALS LIKE THIS FROM THE COUNCIL, THEN REFERRING BACK TO THE COUNCIL WITH FINER TOOTH COMB. WONDERING HOW YOU'VE BEEN ABLE TO FACILITATE THAT BEFORE COMES BACK TO THE COUNCIL? >>Testifier: I MEAN, FACILITATE I GUESS ELABORATE WHAT YOU MEAN BY? >>Testifier: CORD ORDER IN THE PAST YEARS SEEN THIS BEFORE. BOTH CHAIR AND AS WELL AS OTHER MEMBERS OF THE COUNCIL, HAVE REQUESTED THAT THE PLANNING COMMISSION PROVIDE BETTER DOCUMENTATION AND DOCUMENTS BACK TO THE COUNCIL. THIS IS GOODEL EXAMPLE OF THE GOOD PROPOSAL BACK TO THE COUNCIL. BUT IT'S A GOOD THING. THIS IS REALLY GREAT IMPROVEMENT FROM BEFORE. I WANT TO KNOW HOW THAT HAS CHANGED. >>Testifier: THINK PLANNING COMMISSION PERSPECTIVE, YOU FOLKS WILL SUBMIT THAT. GTS TO DPP FOR ON MY END, DEFINITELY. PUSHING DPP ON LIKE OR UNDER THE CLOCK. GUGET THINGS MOVING.FULL COMMISO DEAL AND FIX THE QUORUM ISSUES. WE'RE READY TO ROCK & ROLL. UYENO BEEN PUSHING DPP, GET THEM PUAKEA U PUSHED OUT. O OUR ASSISTANT, TALK HARA BEEN GREAT. GET EVERYTHING WE NEED DONE. >>Councilmember Cordero: THANK YOU. THANK YOU SO MUCH FOR THOSE CONCISE RESPONSE. THANK YOU CHAIR GIVING ME THE OPPORTUNITY. >>Chair Kia'aina: THANK YOU KNOW FURTHER DISCUSSION, CHAIR RECOMMENDS THAT BILL 21, 2026 BE REPORTED OUT PASSAGE SECOND READING AND SCHEDULING PUBLIC HEARING. ANY DISCUSSION? ANY OBJECTIONS? RESERVATIONS? HEARING NONE. SO ORDERED MOVING TO AGENDA ITEM NUMBER 5. FOR ACTION, KUNIA COMMUNICATION 60, COMMITTEE WILL TAKE ACTION ON DRAFT COMMITTEE REPORT FILED COUNCIL COMMUNICATION 60D2026 MAKING RECOMMENDATIONS TO THE COUNCIL ON WHETHER CHARTER PROVISION ESTABLISHING PLANNING IS COMMISSION SHOULD BE RETAINED AMEND OR REPEALED. BY DEPARTMENTAL COMMUNICATION 57, 2026, JANUARY 30, 20 2*6, SUBMIT COMMISSION SUBMITTED TO COUNCIL REPORT ACCOMPLISHMENT AND ACTIVES. CHARTERER COMMISSION STEAK COMMISSION BE RETAINED WITHOUT CHANGE. BUT RECOMMENDED THAT ERRONEOUS PROVISIONS IN ROH SECTION 2 22-3.5 BE MAYBED AMENDED TO PROVIDE THAT'S DIRECTOR OF DEPARTMENT OF PLANNING AND PERMITTING NOT COMMISSION, IS RESPONSIBLE FOR ADOPTING RULES GOVERNING SUBDIVISION OR CON SOUL R SOL DAIGHTS OF LAND. CONSOLIDATION OF LAND. COMMITTEE MEETING MARCH 5 DISCUSSED COMMITTEE REPORT AND HEART FROM THE DIRECTOR OF PLANNING AND PERMITTING. WHICH IS THE AGENCY, COMMISSION IS ADD U ADMINISTRATIVELY ATTACHED TO AND ITEL DEPUTY CORPORATION COUNSEL. WE DISCUSSED COMMISSION STAFFING CONCERNS AND INSTANCES WHERE COMMISSION MEMBERS ARE REPEATEDLY ABSENT FROM MEETINGS. MAKING IT DIFFICULT TO ACHIEVE A QUORUM. THE COMMISSION CHAIR COULD NOT ATTEND LAST MONTH'S MEETING BUT IS HERE TODAY. I WOULD LIKE TO CALL UP PANE RECALLEL CHAIR OF PLANNING COMMISSION TO SUMMARIZE THE COMMISSION'S REPORT AND PROVIDE SOME COMMENTS. PANE MEATOGA. >>Testifier: THANK YOU CHAIR MEMBER COMMITTEE. PANE MEATOGA. 3 PLANNING COMMISSION CHAIR. YES, YOU HAVE OUR REPORT. THAT WAS VET THE MYSELF REVISED CHAIR A SENT OUT TO MEMBERING OF OUR COMMISSION. SPECIFICALLY, I'M GLAD YOU ALLOWED TO THE QUORUM ISSUES THAT WE'VE BEEN HAVING. I MUST SAY THAT ALL YOU HAVE OUR COMMISSI COMMISSIONERS COMMO THE CAUSE. WE'VE WE HAVE COMMISSIONERS COME DOWN FROM CHIME IN FROM NEW YORK, FROMEL EUROPE, AND ATTEND PLANNING COMMISSION MEETINGS. I AM VERY ASTOUNDED DESPITE ALL OF THAT, RECALL THEY MAKE THE MEETINGS. IT'S IMPORTANT TO US. WE HAVE A JOB TO DO. WE'RE VOLUNTEER COMMISSION. IN REGARDS SPECIFICALLY TO THE PART ABOUT THE RULES BEING OVER TO DPP, I THINK THAT WAS SOMETHING THAT WAS BROUGHT UP. SO AFTER DISCUSSION WITH THE COMMISSION MEMBERS BECAUSE WE ONLY HAVE ONE STAFF MEMBER, AND WITH THE INCREDIBLE WORKLOAD ALL OF OUR MEMBERS HAVE, IT WOULD BE HIGHLY UNLIKELY THAT WE WOULD BE ABLE TO PRODUCE OUR OWN RULES. AND PUSH THAT OUT. SO WE FELT THAT DPP WAS THE APPROPRIATE PLACE DO THAT. OBVIOUSLY, AS WE APPROVE AND RECOMMEND OR DENY, RESOLUTIONS BILLS THINGS THAT COME OUR WAY, WE FEEL THAT PRODUCING THINGS, RULES, PRETTY HARD FOR OUR GUYS TO PULL OFF. SO THAT'S WHY WE RECOMMENDED THAT DPP DO THAT. HAVE THE OVERSIGHT AND THEN KICK IT BACK TO US FOR RECOMMENDATIONS. THAT'S MY SUMMARY. THANK YOU. >>Chair Kia'aina: MEMBERS ANY QUESTIONS? VICE CHAIR WATERS. >>Councilmember Waters: THANK YOU SO MUCH. GOOD MORNING. WHERE DO YOU FOLKS HOLD YOUR HEARINGS? >>Testifier: WE HAVE IT ON THE SIX FLAT -- PROJECTED SIXTH FLOOR OF FRANK FASIBUILDI. >>Councilmember Waters: CAN IT ACCOMMODATE PUBLIC TESTIMONY. >>Testifier: IT CAN. >>Councilmember Waters: HOW DO YOU ADVERTISE YOUR HEARINGS? >>Testifier: I BELIEVE IT IS IN THE PAPER AS WELL AS IN THE CALENDAR FOR DPP. IT'S NOT ROBUST AS SAY OTHER LIKE STATE THINGS THAT, STATE HEARINGS OR THINGS LIKE THAT. THERE IS A NEWSLETTER. DPP HAS AS WELL. THAT GOES OUT. AS FAR AS I UNDERSTAND IT, THOSE ARE MAI METH ON THES MARKG GETTING INFORMATION OUT. METHODS. >>Councilmember Waters: PLANNING COMMISSION LIKE CITY COUNCIL SOMETIMES HAS TO DEAL WITH SENSITIVE ITEMS. AND OFTENTIME, THIS ROOM IS FILLED WITH TESTIFIERS. I'M WONDERING IF WE CAN DIVERT SOME OF THAT TO THE PLANNING COMMISSION. >>Testifier: SURE. >>Councilmember Waters: BEFORE IT COMES TO US. HOW BIG IS THAT ROOM? CAN YOU ACCOMMODATE. >>Testifier: WE COULD PROBABLY ACCOMMODATE 20 IT MAX. IT IS HYBRID AS WELL. MAXIMUM TIGHTEN U OPPORTUNITIES TO TESTIFY ONLINE. PEOPLE COME AND TESTIFY. >>Testifier: >>Councilmember Waters: FANTASTIC. AS AN EXAMPLE DLNR BOARD, THAT ROOM IS SO SMALL. IT'S LIKE NOT CONDUCIVE TO PUBLIC COMMENT. LIQUOR COMMISSION REQUIRES APPLICANT TO SEND OUT MAIL TO AFFECTED PROPERTIES. IS THAT SOMETHING YOU OPEN TO? >>Testifier: THAT IS SOMETHING. YEAH. I COULD DEFINITELY RECOMMEND LOOKING TO FOR DPP. I WOULD HOPE THEY WOULD HAVE THE BUDGET FOR IT. I'M NOT. >>Councilmember Waters: I'M NOT REELING THAT. I THINK YOU GUYS ARE DOING A GREAT JOB. NOT RECOMMENDING THAT. THANK YOU FOR RESOLVING QUORUM PROBLEM. I MENTIONED THAT EARLIER TODAY. THAT THESE APPLICANT IT'S GOT TO KNOW THAT YOU GOT TO SHOW UP. OTHERWISE, SO GREAT JOB KEEP UP THE GOOD WORK AND SUPPORT YOUR RECOMMENDATIONS CHAIR. >>Chair Kia'aina: THANK YOU. MEMBERS ANY QUESTIONS? I HAVE TO COUPLE QUESTIONS WITH REGARD TO THE MEETINGS. SO YOU DON'T HAVE QUORUM PROBLEM. IS THAT CORRECT? >>Testifier: NO. WE'VE BEEN ABLE TO FULFILL PRETTY MUCH EVERY MEETING WE'VE HAD. REQUIRED TO HAVE. >>Chair Kia'aina: I'M LOOKING AT THE TOTAL AMOUNT OF MEETINGS HELD SINCE 2021. AND ON AVERAGE, IT'S BEEN BETWEEN 12 TO 14 MEETINGS PER ANNUM. AND IN 2022, AND 2025, THERE WERE FOUR AND FIVE MEETINGS HE RIEBLGHT IS I HAVE RESPECTIVE R. WHAT IS THE REASON FOR THAT COMPARATIVELY TO THE OTHER YEARS. >>Chair Kia'aina: >>Testifier: GREA GREAT YET. AT THE COMMISSION NOTICED THAT TOO. GREAT QUESTION I THINK IN BETWEEN, BETWEEN COUNCIL OR THE ADMINISTRATION, DPP AND THE TIME CLOCK THAT THEY HAVE SO GET THINGS SEN AND PREPARED AND IF GIVE IT TO US. SENT. I DO RM TIMES WHEN, COUNCIL SEPTEMBER 11SEPTEMBER 11, 2011-T THINGS OVER. COUNCILMEMBERS REACH OUT WHERE IS THAT AT? CALL. CALL DPP, STILL PROCESSING IT. THEY HAVE X AMOUNT OF DAYS. COULD DO IT. NOTICED THAT THERE'S BEEN TIMES WITH WE'VE BEEN GOING FROM MEETINGS TO MEETING, RECALL SET SCHEDULE IS TWICE A MONTH. AND SO WE'VE HAD MEETINGS AFTER MEETINGS AND WE WENT THROUGH EVERYTHING. THEN WE HAVE A BIG STOP IN THEEL LULL AND COME BACK ABILITY HAVE MEETINGS MEETING MEETING. >>Chair Kia'aina: ARE THE MEETINGS TRIGGERED BY SOMETHING FOR YOU TO TAKE ACTION ON? IS THAT WHAT IS DRIVEN FROM? SO IT COULD JUST BE THE WHROARKD? COMING FROM THE COUNCIL OR. >>Testifier: I MEAN. WORKLOAD USUALLY TWO SOURCE. COUNCIL AND, MAINLY FROM DPP. BUT ALSO, SOME OF OUR RULINGS THAT WE'VE ASKED APPLICANT TO COME BACK AND REPORT. FOR THE QUARRY OR KUALOA RALPH. HAVE THEM COME BACK AND REPORT ON THEIR WHAT THEY PROMISE THE THEY WOULD DO FOR THEIR C.U.P.ES. ALSO COMES INTO PLAY. KUALOA RANCH. MOST OF THE TIME COMING FROM DEMOCRAT. WE'LL SEE A LULL AND START HAVING A LOT. FROM DPP. OBVIOUSLY SPECIFIC, THINGS THAT COME UP. THEN HAVE YOU LIKE THE ACCEPTS COME S. >>Vice Chair Waters: P'S COME UP SET SENATE DRAFT YOU'LL KNOW SCHEDULE. KNOW WHAT THEY ARE COMING DOWN. PROCESS. >>Chair Kia'aina: NO PROBLEM FOLLOW-UP. AND SEP I WAS TOLD YOU WERE SUPPOSED TO IS IKS MEETINGS SO FAR THIS YEAR. IS THAT CORRECT? ONLY ONE HAS BEEN HELD? >>Vice Chair Waters: SIX MEETINGS. >>Testifier: I THINK WE'VE HAD TWO. >>Chair Kia'aina: SOMETIMES WITH PLANNED, ETTHENYOU DETERMINE BELIEVE IT R NOT YOU HAVE IT, THEN YOU CANCEL IT. >>Testifier: NO. PRETTY MUCH EVERYTHING THAT, WE HAVE A MEETING, NEED TO HAVE IT, DON'T USUALLY CANCEL UNLESS QUORN QUORUM ISSUE WE HAT HAD. >>Chair Kia'aina: TAKE A LOOK WHAT IS THE ON WEBSITE AND COMMITTEE MEETINGS SCHEDULE AND WE COULD JUST WORK ON THAT. MOMENTS ARE THERE ANY QUESTIONS FOR THE CHAIR? ANY FURTHER QUESTIONS? THANK YOU SO MUCH. >>Testifier: THANK YOU. >>Chair Kia'aina: MARCH COMMITTEE MEETING WE ALREADY HEARD FROM THE DIRECTOR OF DPP. I GUESS WANTED TO ASK DPP IF YOU HAD ANY OTHER QUESTIONS. I MEAN ANY OTHER COMMENTS. >>Testifier: THANK YOU CHAIR. I THINK OUR MAIN COMMENT IS THAT WE JUST REALLY APPRECIATE THE PLANNING COMMISSION AND THE COMMISSIONERS FOR ALL OF THEIR HARD WORK. WE GIVE THEM A LOT OF REALLY COMPLICATED ISSUES. BOTH BROAD LONG RANGE PLANNING AND THESE CIEMPTD LAND USE ORDINANCE AMENDMENTS. KIND OF. THEY ALWAYS COME PREPARED TO ASK LOTS OF INTERESTING QUESTIONS. AND I JUST FIND IT REALLY LAUDABLE THEY'RE WILLING TO DONATE THEIR TIME LIKE THAT. >>Chair Kia'aina: GOOD TO HEAR I WAS AT MY STAFF PUMP COMMISSIONERS JUST AS A REMINDER. I FEEL LIKE THE CALIBER OF THE -- PULL UP) CALIBER OF THE COMMISSION INCLUDING THE CHAIR IS JUST TOP CALIBER. AND I FEEL THAT THEY ALL BRING THE NECESSARY STILL SKILL SKILLSCY SETS AS REQUIRED. I KNOW WE PASSED ORDINANCE, WITH SPECIFIC REQUIREMENTS AND FORMER DPP DIRECTOR WAS WORRIED THAT WE WOULDN'T BE ABLE TO GET SUCH CANDIDATES. BUT THE FACT OF MATTER IS THE CANDIDATES ACTUALLY ARE THIS THERE. AND I ALSO DO LIKE THE GENDER DIVERSITY ON THE COMMISSION. AS FOR YOU CHAIR PANIOLO I WANTED TO MAKE SURE YOU KNOW THAT I SAID I APPRECIATE THE GENDER DIVORCE TANOUYE THE COMMISSION. PANE AND ALL OF THE WELL QUALIFIED APPLICANT IT'S THAT ARE SERVING WITH YOU. I WOULD LIKE TO HIGHLIGHT FORT MEMBERS FEW IMPORTANT POINTS TO CONSIDER. FIRST CHARTER SECTION 6-153. REQUIRES DIRECTOR OF PLAN TO PREPARE THE LANDEL SUBDIVISION CODE AND RULES AND REGULAR KURT LAGER AND AMENDMENTS. REGULATION. SECOND, CHARTER SECTION 6-1506 RELIES POWERS DUTIES AND FUJTSINGS OF THE COMMISSION. DOES NOT REQUIRE COMMISSION TO MAKE RECOMMENDATIONS. FUNCTIONS ON PROPOSALS TO DOCUMENT OR AMEND SUBDIVISION ORIGINALS. THIRD, ROH SECTION 22-3.5 ROY SPREADER COMMISSION IS E DRIER REQUIRED DOCUMENT RULE AIL ROADWAY REGULATIONS GOVERNING SUBDIVISION OR CONSOLIDATION OF LAND BUT THIS CONFLICTS ABOUT CHARTER SECTIONS THAT IT CLEARLY PLACE RESPONSIBILITY OR TO ADOPT SUBDIVISION ORDINANCE RULES AND REGULATIONS ON THE DIRECT OF PLANNING AND PERMITTING. FINALLY, SINCE CHARTER PROVISIONS TAKE PRESIDENTIAL ROH PROVISION, ROH 22-3.5 SHOULD BE AMEN TO BE CONSISTENT WITH CHARTER SECTIONS 6-153 SORRY, 1503H AND 6-1506. EL COMMUNICATION COUNCIL COMMUNICATION 60, 2026 WHICH WAS POSED ON THE AGENDA, ATTACHES DRAFT COMMITTEE REPORT RECOMMENDING THAT THE PLANNING COMMISSION BE RETAINED WITHOUT CHANGE. AMENDMENT OR REPEAL. BUT RECOMMENDS THAT ROH 22-3.5 BE AMENDED TO PROVIDE DPP DIRECTOR NOT LIQUOR COMMISSION IS RESPONSIBLE FOR THE DOCUMENTING RULES GOVERNING SUBTY VUGS OR CONSULTATION OF LAND. CONSOLIDATION OF LAND. DRAFT RESOLUTION TAXED EXHIBIT A BILL PROPOSING AMENDMENT ATTACHED. TO ROH 22-3.5 IMPLEMENTING YOUR COMMITTEE'S RECOMMENDATION IS TAXED TO COMMITTEE REPORT. ATTACHED. I WILL BE RECOMMENDING THAT REPORT AND ATTACHED RESOLUTION EXHIBIT A BILL BE SCHEDULED FORD PUBLIC HEARING AND BE ADOPTED BY THE COUNCIL. FORD. COUNCIL DETERMINATION ON THE REVIEW AND VALUATION OF THE COMMITTEE. I WILL NOW TAKE PUBLIC TESTIMONY FIRST WITH IN-PERSON TESTIMONY COUNCIL CHAMBER. IT ANY IN-PERSON TESTIFIER ON THIS ITEM. >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina:EL THERE ANYONE ELSE IN THE CHAMBER LIKE TO TESTIFY? SEEING NONE. ARE THERE ANY PROMOTE ROW REMOTE TESTIFIERS. >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: MEMBERS, AND THANK YOU COUNCILMEMBER TUPOLA FOR JOINING US. >> REMOTELY. DID YOU HAVE ANY HE QUESTIONS? FOR EITHER DPP OR THE PLANNING CHAIR? >>Councilmember Tupola: NO. SOUNDS GOOD. THANK YOU PLANNING FOR ALL OF YOUR WORK. APPRECIATE TMPLET MAHALO CHAIR. >>Chair Kia'aina: IS THAT ANYONE ELSE STANDING BY I'M SORRY. IF THERE ARE NO FURTHER RECOMMENDATIONS OR QUESTIONS, IT CHAIR RECOMMENDS THAT COMMITTEE REPORT TRANSMITTED COUNCIL COMMUNICATION 60-2026 AND ATTACHED RESOLUTION EXHIBIT A, BILL BE REPORTED OUT SCHEDULING PUBLIC HEARING AND ADOPTION. ANY DISCUSSION? ANY BEING OSBORNE OR RESERVATIONS? OBJECTION OR RESERVATIONS? HEARING NONE SO ORDERED. THE INTER INTERSECTION NEXT AGEA ITEM 6 INFORMATIONAL BRIEFING BY PLANNING AND PERMITTINGEL SHORT-TERM RENTAL EFFORTS HAS BEEN CANCELED. MEMBERS I UNDERSTAND THAT THE APPOINTEE FOR THE ZONING BOARD OF APPEALS IS THAT MR. BRITT? IS HERE. FOR AGENDA ITEM NUMBER 1. MR. THE DAVID BRITTIN IF YOU WOULD LIKE TO MAKE SOME EXCOMMENTS. >>Testifier: THANK YOU COMMISSION MEMBERS. I APOLOGIZE FOR MYEL TARDINESS. YOU ARE OR GENT COMPLAINT URGENT MATTER. DAVID BRITTIN PARTNER CASE LOM BAD BARRED I PRACTICING REAL ESTATE LAST 19 YEARS. CASE LOMBARDI SOME FAMILIARITY WITH THE ZONING CODE. I'VE DONE ZONING APPEALS ON NEIGHBOR ISLANDS. FAIRLY COMA R FAMILIAR WITH THE PROCESS. FAMILIAR WITH THE PROCESS. I GUESS I LIKE TO SAY I'M HAPPY TO BE OF SERVICE TO THE COMMUNITY. AND IF YOU HAVE SPECIFIC QUESTIONS. HAPPY TO ANSWER. >>Chair Kia'aina: MEMBERS VICE CHAIR WATERS. >>Councilmember Waters: THANK YOU SO MUCH FOR BEING HERE. THE PREVIOUS TESTIFIER TALKED ABOUT HAVING QUORUM PROBLEMS AT THE PLANNING COMMISSION. AND SOLVED THAT PROBLEM. THEY DO SUCH IMPORTANT WORK AND SO WILL THE BIDDING BOARD OF APPEALS. SO WANT TO MAKE SURE YOU GOT THE TIME. TO DO IT. >>Chair Okimoto: BUILDING BOARD AND WILLING TO MAKE SURE YOU MAKE AS MANY SCHEDULED HEARINGS AS YOU CAN. >>Testifier: YES. THANK YOU. I WAS NOT EXPECTING WHAT CAME UP THIS MORNING. BUT DOES SOMETIMES HAPPEN. IN GENERAL, SET MY OWN SCHEDULE. WHO I CLIENT CALLS WITH AN URGENT MATTER SOMETIMES WE HAVE TO TAKE THAT. IN GENERAL YES I HAVE THE TIME AND MAKE SURE THAT I AM AT ALL OF THE BOARD MEETINGS THAT I CAN MAKE. >>Councilmember Waters: ASSUMING YOU'RE NOT IN THE LITIGATION SECTION AT YOUR FIRM, TAKES A LOT OF TIME DOING DEMDEPOSITIONS U I'M IN RL ESTATE. CONTINUE TO IT DID A LITTLE BIT OF LITIGATION. SORT OF WOUND WOMB TO TOMB. DO DEALS COME APART, DO FORECLOSERS AND TERMINATIONS THINGS LIKE THAT. >>Councilmember Waters: HAPPY YOU'RE AN ATTORNEY. BECAUSE YOU CAN THINK IN- IN INDEPENDENTLY. SOMETIMES MY CONCERN BUILDING BOARD APPEALS RUB YOU ARE RUB YOU ARE STAMP DPP OR CORPORATION COUNSEL TELLS THEN. YOU CAN INDEPENDENT NEEMENTLY ADDRESS AND LOOK AT THE LAW AND SAY HOLD ON I DISAGREE WHERE. WITH DPP OR CORE. IS THAT SOMETHING THAT YOU'RE WILLING TO DO? >>Testifier: ABSOLUTELY. I'M INTO THE INTERESTED IN BEING YES MAN. SO I THINK THE ZONING BOARD OF APPEALS SERVES VERY IMPORTANT FUNCTION. AS SECOND SET OF EYES ON DECISIONS THAT HAVE HUGE IMPACT ON PEOPLE. I THINK IT IS IMPORTANT TO BE INDEPENDENT AND TO MAKE YOUR OWN DETERMINATION WITHIN THE SCOPE OF THE CHARTER, ZONING BOAR OF APPEALS. NOT CORE OF EQUITY. YOU HAVE SPECIFIER GROUNDS ON WHICH YOU CAN OVER ATTORNEY OR DISAGREE WITH IT DECISION OF THE DIRECTOR. >>Councilmember Waters: FANTASTIC. WE AS ATTORNEYS COME UP WITH THOUSAND DIFFERENT EXPLANATIONS. E'O FOR IT PROTECTIONS I SAID OF THE LAW. BUT INTERPRETATION. AS LONG AS IT CAN YOU'RE WILLING TO LOOK AT THE IT INDEPENDENTLY. IS THAT WOULD BE GRAICHT THANK YOU SO MUCH FOR BEING HERE. >>Testifier: THANK YOU. ANY OTHER QUESTIONS. >>Chair Kia'aina: WOULD BE GREAT. >>Chair Kia'aina: NO TORE QUESTIONS. REITERATE HOW IMPORTANT YOUR ROLE IS BECAUSE, IF I'M ACTUALLY GOING TO BRING UP LIZ BECAUSE WANT TO MAKE SURE ABOUT THE BACKLOG YOU GUYS ARE DEARN DRERNING SO MANY IMPORTANT DECISION. RENDERING IF IT'S NOT FULLY FUNCTIONING, IT'S NOT HELPFUL. ESPECIALLY IF THERE'S A BACKLOG. BUT I ACTUALLY APPRECIATE YOUR BACKGROUND BECAUSE WE NEED YOUR SERVICE. SO I APPRECIATE YOU STIPPING STEPPING UP. WEEL BECAUSE OF YOUR BACKGROUND, WE HAVE FULL CAN CONFIDENCE YOU'RE GOING TO BE CONTRIBUTING MEMBER TO THE BOARD OF APPEALS. WE ACTUALLY PASSED YOUR NOMINATION. I JUST SINCE I SAW YOU I THOUGHT YOU WOULD COME UP HERE I DID WANT TO ASK THE QUESTION FROM DID P. WITH REGARD TO DEMOCRAT. WITH REGARD TO THE DPP WITH REGARD TO THE CASELOAD, OF THE ZONING BOARD AFTER PEELS. CAN I BRING THEM UP? OF APPEALS,. >>Testifier: SORRY. >>Chair Kia'aina: I REMEMBER AT ONE POINT, WHEN WE WERE A LOT OF POLICY DECISION, TALKING ABOUT, AND WE WERE TOLD THAT THERE IS, IS THERE NUI BACKLOG ZONING BOARD OF APPEALS, PEOPLE HAVE TO UAT A LONG TIME BOTS AMOUNT OF CASES THAT THEY HAVE BEFORE THEM. BECAUSE AMOUNT OF CASES. >>Testifier: I AM NOT EN ENTIRELY SURE WHAT THE CURRENT BACKLOG IS. TRUE THERE WAS A BACKLOG PARTICULARLY RELATED TO SHORT-TERM RENTALS. OKAY. LET'S SEE. THE ZBA, KAREN WHO IS THE ASSISTANT TO THE ZBA TELLS ME,EL I DON'T QUITE UNDERSTAND IT. 2030 MADE CHANGE. ER NEW CASES BEING ADDED IN EARLY 2027. OKAY. SO I THINK THAT WHAT HAD HAPPENED WAS WHEN THE SHORT-TERM RENTAL REGULATIONS WENT INTO PLAY, THERE WERE SO MANY ZBA APPEALS ON THOSE NOTICES OF VIOLATIONS. THAT A LOT OF THEIR AGENDAS WERE EXPANDED AND IN THAT WAY. HADN'T BEEN PREVIOUSLY. SO LIKE A WHOLE NOW SET OF APPEALS. AND THAT IS WHAT FED THAT BACKLOG. >>Chair Kia'aina: WHAT ABOUT NOW? IS IT CURRENT? >>Testifier: I BELIEVE THERE IS STILL A BACKLOG. I DON'T KNOW HOW MUCH IT IS. >>Chair Kia'aina: THE REASON I MENTIONING THIS IS I JUST WANT FOR MR. DAVID BRITTIN SINCE HE'S GOING TO BE ON TO BE AWARE OF THAT. CANCELED INFORMATIONAL BRIEFING ON ENFORCEMENT SHORT-TERM RENTALS. VERY IMPORTANT ISSUE. I WANT TO TELL THE NOMINEE BECAUSE, AND SO I WANT TO LET YOU KNOW HOW IMPORTANT YOUR REEL ROLE IS FOR THE OVERALL EFFICIENCY OF A LOT OF IT'S IMPORTANT ISSUES THAT ARE IMPACTING OUR COMMUNITY INCLUDING SHORT-TERM RENTALS. THAT'S ALL WAIPPEDDED TO WASHWANTED TO DO SAY. HAVING SAID THAT LOOK FORWARD TO FOLLOW UP BRUSH BR BRIEFING. HAD CANCEL MAKE SURE DPP WAS FULLY PREPARED. MOVING FORWARD SHORT-TERM RENTALS IMPACTS A LOT OF OUR COMMUNITIES AND WHATEVER IS FORMBY FULL ENFORCEMENT INCLUDING -- NECESSARY FULL ENFORCEMENT A LOT OF PEELS MADE, MAKE SURER EFFICIENT PROCESS. ALOE THE OF PEEL APPEALS. THANK YOU FOR STEPPING FORD AND, BEING HERE TODAY. TAKING TIME OUT FROM YOUR SCHEDULE. >>Testifier: THANK YOU. >>Chair Kia'aina: WANT TO THE WRAP UP THE HEARING. THANK YOU FOR EVERYBODY FOR BEING HERE TODAY. THERE BEING NO FURTHER BUSINESS, THIS MEETING IS ADJOURNED. >>(ADJOURNED). ♪