RESOLUTION

WHEREAS, in 1986, the Council of the City and County of Honolulu approved the Kuilima Expansion Project by issuing a special management area use permit to Kuilima Development Company; and

WHEREAS, this special management area use permit was adopted after the Land Use Commission issued an order reclassifying lands in the project area from the agricultural to the urban district to facilitate the project while imposing several conditions; and

WHEREAS, this special management area use permit was adopted after Kuilima Development Company recorded a Unilateral Agreement at the Bureau of Conveyances that expressly required the fulfillment of certain conditions; and

WHEREAS, this special management area use permit was adopted in 1986 with the support of a 1985 environmental impact statement (EIS); and

WHEREAS, the project was to commence immediately after receiving the special management area use permit; and

WHEREAS, section 11-200-26, Hawaii Administrative Rules (Department of Health), requires an EIS to be supplemented when there are any significant changes to a project; and

WHEREAS, community groups have sought an environmental review of the project and the City and County of Honolulu Department of Planning and Permitting has declined to do so; and

WHEREAS, the EIS failed to address the impacts on customary and traditional practices of native Hawaiians; and

WHEREAS, the development plan calls for the disinternment of any burial remains inadvertently discovered during the course of construction activities; and

WHEREAS, the EIS identified known prehistoric settlements in the development area; and

WHEREAS, it is in the public's interest to fully assess the environmental impacts of the development taking into special account the impacts on customary and traditional native Hawaiian practices; and

WHEREAS, Kuilima Resort Company, a subsidiary of Oaktree Capital Management, LLC, current owner of Turtle Bay Resort and surrounding land, has applied for subdivision permits to move forward on the 20-year-old development plan; and

WHEREAS, there have been significant changes in the surrounding community along the North Shore, including increased traffic on Kamehameha Highway and increased popularity of surf meets and beaches along the North Shore by tourists; and

WHEREAS, there have been significant changes on the island of Oahu, including changes to traffic, water demands, schools, affordable housing needs, and the diminished capacity of landfills; and

WHEREAS, the development of Ko‘Olina and Kapolei are already straining the infrastructure of the island of Oahu, including healthcare services, landfills, traffic, water, and affordable housing, and it is questionable as to whether a third major development can be supported; and

WHEREAS, the development will severely impact the work and lives of people living in the area, as well as on the entire island, including recreational activities, such as beach, surfing, and fishing access; and

WHEREAS, the Hawaii Supreme Court affirmed an issuing agency's right to review, revoke, or modify special management area use permits in Morgan v. Planning Department County of Kauai, 104 Haw. 174, 86 P.3d 982 (2004); now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the House of Representatives concurring, that the Legislature recommends that the Administration and the Council of the City and County of Honolulu examine and evaluate the special management area use permit, together with the dated EIS, and evaluate the record of compliance with the conditions of the special management area use permit, the Unilateral Agreement, the Land Use Commission order, and applicable state law; and

BE IT FURTHER RESOLVED that DPP, in consultation with the state Office of Environmental Quality Control, is requested to determine whether a supplemental EIS should be prepared and accepted by the DPP before further subdivision permits are issued for the Kuilima Expansion Project; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health and Director of the Office of Environmental Quality Control, and the Mayor, Council Chair, and the Director of the Office of Planning and Permitting of the City and County of Honolulu.

Report Title:

City and County of Honolulu, Kuilima Expansion Project