Group News: Hawaiʻi Island, Maui, and Oʻahu
Hawaiʻi Island Group
Upcoming Outings
Monday, June 24th
Service at Lokowaka Pond in Hilo (C/E/F/S)
Moderate, 0.3 mile, elevation +/- 100’
Join us as we help restore the fishponds close to Carlsmith Beach in conjunction with the ‘Āina Hoʻola Initiative to restore and protect this ecosystem and the endangered birds that use it. Be prepared to get muddy by wearing clothes you don’t mind getting wet and dirty and wearing closed toed shoes, reef shoes, tabis or diving boots. It is recommended to bring a long sleeved shirt, long pants, sun protection (hat, reef-friendly sunscreen, sun glasses, etc.), rainwear, water bottle, and insect repellent. Gloves and tools (hand weeders and serrated sickles) are provided but please bring your own if you have. There are showers and restrooms across the street at Kealoha Park. You might want to bring a swimsuit for a swim afterwards at the beach park. To get in on this fun summer activity call Sunny LaPlante at 808-964-5017 by June 17th or to find out more.
Hawaiʻi County General Plan Comprehensive Review Process Gets a Shock
by Chuck Flaherty, Hawaiʻi Island Group Chair
The public comment period on the draft Hawaiʻi County General Plan (draft GP) released in September 2023, ended on April 1st.
Public comments indicated that the General Plan Comprehensive Review (GPCR) process was perceived as difficult and challenging. However, the Planning Department repeatedly told the general public at community meetings not to panic because there would be additional opportunities to provide comments and input when the draft GP came before the Leeward and Windward Planning Commissions, as well as the county council.
Therefore, no one was prepared for the unexpected shock on May 1st during a county council public hearing to discuss the GPCR and take public testimony on the draft GP.
The first item on the May 1st meeting agenda was public testimony. The major themes of public testimony were:
The draft GP had some good content but was poorly written and/or contained “word fluff” that was not actionable.
The GPCR was discriminatory and placed an undue burden on the public because the draft GP and land use maps were hosted on a contractor’s online platform, requiring the public to learn two different software systems that were difficult to access and operate, for even experienced and knowledgeable individuals.
It was impossible for the public to determine what content of the existing GP had been included or changed in the draft GP because the “amendment” of the existing GP and maps was actually a complete “gut-and-replace” of the entire existing GP and maps.
The public could not comprehensively understand what content of the existing GP had been carried into the draft GP because the Planning Director did not provide documentation of how each goal, standard, policy, course of action, and map elements of the existing GP was considered, nor their disposition and placement within the draft GP.
The shock came later during the county council’s discussion of the General Plan Comprehensive Review with Corporation Counsel Elizabeth Strance and Planning Director Zendo Kern.
It was revealed that, due to ordinances adopted in 2007 and 2014, county law governing the GPCR will prevent the Leeward and Windward Planning Commissions and the county council from making any substantive changes to the draft GP when it is released on or before July 29th. Specifically, no changes could be made that “substantially changes the general intent or subject matter of the [draft GP], such newly adding or deleting a goal, policy, or course of action, or standard, or a map amendment which changes a land use designation of a parcel.”
In response to a question by councilmember Cindy Evans, County Corporation Counsel stated, “So I think the first part of your question is this: Does the council have unfettered authority to amend the proposed general plan when it comes to it? The answer is no.” This was shocking to many.
The Corporation Counsel suggested that any changes the county council seeks to make should be introduced as interim amendments to the General Plan after the GPCR process was completed by adoption of the draft GP. Several county council members found this suggestion unacceptable.
The meeting ended with councilmember Holeka Inaba stating he would work with the Corporation Counsel to draft and introduce legislation that would enable the county council to make any necessary changes or amendments based on the testimony of their constituents.
Stay tuned…
Proposed South Kona Luxury Resort Issued Notice of Violation
by Chuck Flaherty, Hawaiʻi Island Group Chair
The Sierra Club Hawaiʻi Island Group recently learned from concerned residents about possible illegal grubbing and grading activities on a historic and culturally sensitive coastal property in South Kona.
A developer is proposing a gated luxury estate project on the property, including a heliport, 40-villa resort, members’ clubhouse, restaurant and bar, spa, and other amenities, named The Kona Estates at ʻOpihihale. This proposed development is in the heart of a rural fishing and farming community, one of the last remaining areas in the archipelago not dominated by overdevelopment, resource exploitation, emigration, and mass tourism.
No environmental assessment, environmental impact statement, or archaeological preservation plan has been disclosed. However, the earth-moving construction project began using a topographical map of unknown origin with the hand-written title of "Kona Fund LLC Proposed Geo-Tech Investigation Road.” The map contained no references to a licensed engineer, surveying company, or any other attributions besides the hand-written notes.
Despite a formal complaint by a local resident to the county Department of Public Works (DPW) and the map showing the road ran over 2 miles mauka-makai on steep slopes and among unlabeled archaeological sites indicated by a green marker, the DPW found that the work shown on the map did not involve more than 100 cubic yards of excavation material or 1 acre of vegetation and thus did not trigger the requirement for a grading permit application.
It was only after the Hawaiʻi Island Group sent an email to DPW, the State Historic Preservation Division, and county and state elected officials detailing the circumstances, with the map attached, that DPW conducted a second investigation. They then found that the amount of earth-moving activities required a grading permit. A Notice of Violation was issued, and the earth-moving activities were stopped.
A grading permit application requires a review of the historic resources, including burials, on the subject property. The map explicitly indicated the road going through an area filled with historic sites. Therefore, the Hawaiʻi Island Group contacted the State Historic Preservation Division to ask if the division would investigate to determine if any historic sites were impacted.
The division responded that they would not investigate or take any action because the developer had hired an archaeologist and that there was no application from the developer for the State Historic Preservation Division to consider. Therefore, it is not known if any damage was done to constitutionally protected historic sites at this time.
Stay tuned for more.
Maui Group
Wailea 670/Honuaʻula asks Maui County Council to Amend Conditions of Zoning
By Lucienne de Naie, Maui Group Chair
From 2004 to early 2008, the Maui County Council debated the potential Conditions of Zoning for the Wailea 670/Honuaʻula project. The upscale 1,400-unit development was proposed to be built around a private golf course. It also promised to provide 700 units of affordable housing, with 250 units built first within a few years, in an off-site location. Additionally, it pledged millions in funding to benefit public facilities.
On March 8, 2008, in a close 5 to 4 vote, council members Pontanilla, Baisa, Molina, Victorino and Mateo, supported the project. Their “yes” votes were based on the 700 affordable homes, $43 million in public benefits the project offered, and the 30 zoning conditions that addressed community concerns (adopted by the council in March 2008 as Ordinance 3554). However, many of these promises have now changed. The promised 700 affordable units are now under 300, and the project seeks to change even more.
Council members who opposed the project in 2008 questioned whether the 30 Conditions of Zoning the Council relied on to mitigate the lack of in-depth information about the project would survive to shape the project over its 20-year build-out.
“Conditions change and there is no guarantee that conditions will be conducive to the build-out of this project by the time they get ready to build.“ South Maui representative Michelle Anderson warned in her closing statements. Her West Maui colleague, JoAnne Johnson added: “I do not have a crystal ball and he [Honuaʻula representative, Charlie Jencks] does not know what conditions they may ask for in the future that pertain to their specific section.”
In February 2024, the landowners proposed amendments to several of the original Conditions of Zoning in Ordinance 3554. Some amendments merely reflect changes in project design, but others change the fundamental agreement that council members made with the landowners to mitigate concerns over lack of adequate information about the project and its impacts.
The Honuaʻula project is also subject to a 2016 settlement agreement between the County of Maui, Honuaʻula Partners, the Sierra Club Maui Group, and Maui Unite. Signed by all parties in October of 2016, the settlement provided that one condition of zoning, Condition 5, concerning 250 units of affordable housing planned to be constructed off-site, could be amended to allow the housing to be either on the 700-acre Honuaʻula site or at an off-site location, as long as the units were constructed prior to the market-priced units, as had been originally promised to the council.
The 2016 Settlement Agreement reflected some of the concerns that council members had expressed eight years earlier about hard-debated conditions being altered once the project had its approvals. The settlement included a small provision on page 30 that if the council were to approve “removal or substantial amendment” of any additional Conditions of Zoning beyond the agreed-upon Condition 5, Honuaʻula Partners (“HP”) would “satisfy by the extent permitted by law..” 13 of the 30 conditions “in the form in which they are currently set forth in Ordinance 3554.”
There was no public water supply available for the large project on arid land. Condition of Zoning 1 promised a private water system built to public water system standards and provided that the system would be offered to Maui County to purchase upon completion. Condition 1 was one of the 13 Conditions listed in the Settlement Agreement signed by HP, the County of Maui, Sierra Club, and Maui Unite that needed to be “satisfied... in current form.” The current amendments proposed to Condition 1 appear to request that the water system not need to be constructed to county standards, and not be offered to the county for purchase as part of the public system upon completion.
Condition 1 was widely discussed and debated by the council members. It was meant to address the project’s uncertain water sources, which still are not completely known. Today’s council members should closely examine the proposed and determine if the county itself, as a party to the settlement agreement, should insist that important provisions of Condition 1 remain as originally approved. A review of the minutes from the March 2008 final day of Honuaʻula project approvals at Maui County Council makes this very clear.
Council Chair Riki Hokama, who opposed the project, challenged his fellow council members to exercise their authority for the benefit of all: “We can pick and choose what is in the best interest of this County.” Hokama reminded his colleagues in his closing remarks. “I feel that the County and our community is not getting what it should out of this project. Obviously, you know my position regarding wastewater system, regarding water ... and with this conditions of zoning, that is allowing private wastewater, private water. How do I go back and tell my residents on Lanai why they're going to be paying higher water fees, higher sewage rates, because we have exempted out subdivisions that should be on County systems.”
Even council member Victorino, who summed up his reasons for supporting the Honuaʻula project, referred to the importance of enforcing the adopted conditions: “We have worked hard to put all these conditions in here to make it a project for which all of Maui County will be used as a template, will be demonstrated that it can be done right, smart growth.” Victorino said. He added: “Planning and all the various departments, whether it's Water, whoever, to make sure that not only they follow through on it, but enforce our conditions. And that's the whole purpose.”
Upcoming Outings
Sunday June 9, 2024
Palauʻea Archaeology Tour and Native Plant Viewing (C/E/S)
South Maui (Palauʻea), 3 miles
South Maui's Palauʻea ahupuaʻa is rich with ancient Hawaiian remains. Hundreds are found in the rugged lands above the Wailea golf course. Join us to enjoy the spring flora and fauna and special archaeological sites. Long pants and closed footwear are a must! Many thorny plants along the trails. PLEASE NOTE: this outing is still subject to approval by the landowner. All participants will be updated when hike is confirmed.
Leader: Lucienne de Naie, huelogrl@icloud.com
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Friday June 21, 2024
Palauʻea Summer Solstice Archaeological Tour (C/E)
South Maui (Palauʻea), 3 miles
Palauʻea was a center of traditional kānaka maoli activity for over one thousand years. The upper Palauʻea lands provided a source of useful native plants, sweet potato cultivation areas, and important ceremonial sites aligning with seasonal events like the solstice and the equinox. We will explore a few areas that kumu Michael Lee's teachings connect with the annual summer solstice. Outing requires a signed Honuaʻula Partners waiver (provided to registrants before the hike). PLEASE NOTE: this outing is still subject to approval by the landowner. All participants will be updated when hike is confirmed.
Leader: Lucienne de Naie, huelogrl@icloud.com
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Saturday June 29, 2024
Hāmākua Mālama Service Outing (C/E/S)
Ha‘ikū, 2 miles
Help clear away abandoned rubbish from gulches in Ha‘ikū’s Hāmākua Coastal Preserve and re-plant native species. Tools, snacks, trash bags etc will be provided. Co-sponsored by Mālama Hāmākua.
Leader: Lucienne de Naie, huelogrl@icloud.com
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Oʻahu Group
Support Hawaiʻi’s Historic Youth Climate Lawsuit as Trial Nears
By Dyson Chee, Oʻahu Group Chair
The trial in Hawaiʻi’s historic lawsuit to stop climate-killing emissions from the transportation sector and protect children’s constitutional rights to a safe and healthy climate is scheduled to begin June 24, 2024. You can help the brave young plaintiffs in Navahine F. v. Hawaiʻi Dept. of Transportation by doing two things right now:
Sign up here to attend the opening day of the trial on June 24th, 9am at the state courthouse at 777 Punchbowl Street in downtown Honolulu here.
Continue to call Governor Green’s office to ask him to settle with the youth plaintiffs, so that we can focus on fixing our transportation system for everyone’s benefit. Call him today at 808-586-0034.
The Hawaiʻi Department of Transportation budgeted $2.25 million in state tax dollars for a private law firm from the continent to fight against our keiki, who are just doing what they can to protect their future. We can help our brave keiki and ʻōpio by urging the Green Administration to redirect those funds towards actual climate solutions, and settle the lawsuit.
We can also get ready now to stand with our brave young plaintiffs as they enter the courtroom on Monday, June 24, 2024. Sign up here now to express your support for the Navahine plaintiffs. You will get updates leading up to the trial on a wide range of activities to support the trial, including signwaving, art builds, and picnics. You can also reserve your seat in the courtroom to watch the actual trial, or join a watch party hosted from various locations. Wear light blue, and bring a sweater because the courtroom is chilly.
Upcoming Outings
Sunday, June 23, 9am-12pm
Wāwāmalu Beach Service Project
Help return Wāwāmalu Beach to its native/natural status after years of off-road abuse and inattention. Seed collection and sowing, as well as removal of invasive plants on tap. Personal pickaxes welcome. Bring closed-toe shoes/boots, gardening gloves, sunscreen and water flask (iced refill available, no plastic water available). Meet 9am at the southwest access area just off to the left from the northeast driveway to Sandy Beach. Limited to 25 participants out of concern for the delicate planting environment. Participants under 18 require a parent or guardian. Please reserve your spot by emailing wliggett@twc.com. Co-leader Suzan Harada.