On August 2nd Hanapohaku received an SMA minor permit. This permit took months of work to coordinate with different agencies, community groups, engineers, and the current tenants on the property. We listened and responded to concerns and we feel confident we have reached a solution that works for everyone. Hanapohaku gave notice to all tenants and has signed new license agreements with the five food truck establishments that will have licenses to operate under the new agreement, inclusive of the SMA minor conditions. These new license agreements commence on September 9th and require the trucks to be fully mobile and compliant. The tenants who will be staying are in the process of ensuring compliance with the SMA minor permit conditions by September 9th. Addressing specific conditions in the permit (responses in bold):
1. Development shall be in general conformance with the plan labeled as Exhibit B, which is now the approved plan for the Project, and has been made a part of the file. Any expansion or modification, including the placement of “temporary” structures, including vehicles and/or trailers, tents, and storage sheds shall require a separate evaluation under the provisions of Chapter 25, ROH by the Acting Director of the Department of Planning and Permitting (DPP) - Any temporary structure, tent, storage shed, or vehicle, not included in the SMA minor permit will be removed by September 9th
2. If the actual valuation of the proposed work ultimately exceeds $500,000, or the Project is found to cause substantial adverse environmental or ecological effects, taking into account cumulative impacts, then the Project shall be returned to the DPP for the further review under Chapter 25, ROH. - Will confirm construction estimate once building permits are issued
3. Within 30 days of the date of this permit, the Applicant shall apply for:
a. Grading permit(s) to correct outstanding violations; - Grading permit submitted along with construction plan package - Plans accepted August 23rd CP# 2017/CP-205 to cure 2015/NOV-08-138 (2015/NOO-378), 2016/NOV-08-106.
b. Building permits, as necessary, to correct outstanding building violations; - Building permit # 805908 issued on July 27th cleared 2014/NOV-10-229, 2015/NOO-124. Construction plan package for new construction submitted on August 9th - Plans accepted August 23rd CP# 2017/CP-205. Comments received.
c. A Conditional Use Permit (CUP) for joint development of the three parcels. Conditional Use Permit for joint development submitted August 14th 4. Prior to the issuance of building permits, the Applicant shall submit for review and approval of DPP: a. A trash management plan to address solid waste on the site; Trash management plan drafted, will be submitted with revised permit set.
b. A spill management plan to avoid spills of liquid waste on the site, including but not limited to gray water, petroleum products, and food liquids. Spill management plan drafted, will be submitted with the revised permit set.
5. To minimize potential impacts of the commercial activity on the surrounding area, all activities on the site shall be limited to the hours of operation between 7:00 a.m. and 9:00 p.m. - Business hours from 7:00 a.m. to 9:00 p.m. are currently being enforced.
6. Artificial light from exterior light fixtures, including but not limited to floodlights, uplights, or spotlights used for decorative or aesthetic purposes, shall be prohibited if the light directly or indirectly illuminates or is directed to project beyond property boundaries, toward the shoreline and ocean waters, except as may otherwise be permitted pursuant to Section 205A-71(b), Hawaii Revised Statutes. - Exterior lights are being shifted to accommodate the conditions in the permit.
7. The applicant shall take special care when trimming or clearing woody plants taller than 15 feet in order to minimize possible impacts to potential breeding of the hoary bats. Furthermore, between June 1 and September 15, woody plants greater than 15 feet tall shall not be disturbed. - No plants over 15 feet are being trimmed.
8. If, during construction, any previously unidentified archaeological sites or remains (such as artifacts, shell bone, or charcoal deposits, human burials, rock, or coral alignments, pavings, or walls) are encountered, the Applicant shall stop work and contact the State Historical Preservation Division (SHPD) immediately. Work in the immediate area shall be stopped until the SHPD is able to assess the impact and make recommendations for mitigative action. - Will ensure compliance during construction.
9. All construction and grading activities shall be limited to daylight hours. - Will ensure compliance during construction.
10. The Director of the DPP may modify the conditions of approval by imposing additional conditions, modifying conditions, or deleting conditions deemed satisfied upon a finding that circumstances related to the approved Project have significantly changed as to warrant a modification to the conditions of approval. In the event of the noncompliance with any of the conditions set forth herein, the Director of the DPP may terminate all uses approved under this permit or halt their operations until all conditions are met or may declare this permit null and void or see civil enforcement. 11. This application has only been reviewed and approved pursuant to the provisions of Chapter 25, ROH (Special Management Area), and its approval shall not constitute compliance with the requirements of other governmental agencies. These are subject to separate review and approval. The Applicant shall be responsible for ensuring that the final plans for the Project approved under this permit comply with all applicable provisions and requirements of other government agencies, including compliance with the provisions of the Land Use Ordinance (LUO)