Kauai Planning Commission Meeting 2026-01-13

The Planning Commission convened on January 13, 2026, to appoint 2026 officers, review committee reports, and address multiple development applications and ordinance amendments. Significant portions of the meeting were dedicated to public testimony and deliberation regarding the South Kaloa Housing Project, where the Commission ultimately voted to defer the application to facilitate further community engagement. Other items included the approval of a preliminary subdivision map, the withdrawal of a commercial event permit, the approval of a concrete recycling facility, and the adoption of shoreline setback amendments.

Consent Calendar

• Minutes Approval: The Commission unanimously approved the minutes of the November 10, 2025, Subdivision Committee meeting and the November 10, 2025, Planning Commission meeting after correcting a typographical reference to December 9 regarding the Subdivision Committee's last meeting.

Public Comments & Testimony

South Kaloa Housing Project (PDU 2026-7, Z-4 2026-9)

• Opposition: Multiple community members, including Ho'aina descendants and local residents, expressed strong concern regarding traffic congestion, inadequate infrastructure, flood risks due to lava tube coverage, and the lack of proper Ka Pa'i Kai analysis consultation. They demanded a deferral to allow for deeper community review and further studies on drainage and evacuation routes. Several speakers argued the project ignored ancestral responsibilities and local rights.
• Support/Defense: The applicant, SK Investors (Mike Serpa), defended the project as essential "gap housing" for locals, noting that 75% of previous units sold to residents with 808 area codes. He expressed willingness to meet with the community before approval but warned against indefinite delays due to financing constraints.
• Procedural Arguments: The applicant argued that the Commission could approve the permit now with future conditions. Commissioners noted the overwhelming public desire for a deferral to allow the applicant to meet with neighbors prior to final decisions.

Pacific Concrete Cutting and Coring (Z-4 2026-7, U 2026-6, SP 2026-2)

• Support: A local resident testified in support of the company's ethical treatment of workers and the family's historical contributions to the community.
• Concerns: An adjacent property owner requested a shared driveway access to reduce traffic on private roads. A resident raised concerns regarding wildfire mitigation risks on the agricultural land.

Ka Pa'i Kai and Kuleana Concerns

• Testimony: Cultural practitioners and residents provided testimony emphasizing that the Ka Pa'i Kai analysis was insufficient, noting that only four of 36 contacted families responded and expressing distrust in the consultant used. They argued that the Commission failed to identify traditional gathering sites and water rights.

Discussion Items

• Planning Commission Officers: Commissioner Gerald O'Call was elected as the 2026 Chairperson, and Commissioner Helen Cox was elected as Vice Chairperson. Commissioner Glenda Nogami Straford was appointed as Chair of the Subdivision Committee, with Vice Chair Helen Cox and Commissioner Francis deGrassi appointed as members.
• Nielsen and Kells Farm Dwelling (SMAU 2021, Z-4 2023, U-2023): The Commission discussed the procedural history regarding the intervener status and whether to refer the matter back to a hearing officer. Despite the Department's recommendation to proceed and the applicant's argument that the contested case had ended, the Commission voted to close the agency hearing and proceed to action. Commissioners expressed confidence in the Department's report and the Hearing Officer's prior findings.
• South Kaloa Housing Project (Deferral Motion): Following extensive testimony and a motion by Commissioner Cox supported by Commissioner DeGrassi, the Commission voted unanimously to defer the South Kaloa Housing Project application from the current meeting to February 24, 2026, allowing the applicant to hold community outreach meetings.
• West Kauai Affordable Housing Appeal: The Commission deferred the appeal of a TBRNCU cancellation (We Belong LLC) to February 24, 2026, to allow the appellant to appear in person, noting a similar past ICA decision supporting the county's position.
• Special Management Area Rules: The public hearing on proposed amendments to the SMA rules was continued to February 24, 2026, to allow the Commission to incorporate additional public suggestions and refine the rule changes.
• Annual Evaluation of Planning Director: The Commission conducted a performance evaluation of Planning Director Mr. Hurlin, rating all categories (Customer Service, Leadership, Planning, etc.) as a "5" (Best) with an overall trend of "Exceptional." Buzzwords included "outstanding," "respectful," "expert in his field," and "effective mentor." The Commission also voted to approve a salary increase.

Key Outcomes

• Elections: Commissioner Gerald O'Call elected Chair; Commissioner Helen Cox elected Vice Chair.
• Subdivision Approval: Preliminary Subdivision Map Application No. 2026-7 (Stillwell Trust) approved 3-0 to divide one lot into two lots on Omao Road.
• Withdrawal: The withdrawal letter for the Olapool Gardens outdoor events application (Z-4 2025-6, U-2025-4, SP-2025-1) was received and approved.
• Farm Dwelling Approval: Special Management Area Use Permit SMAU 2021, Class 4 Zoning Permit Z-4 2023, and Use Permit U-2023 for a farm dwelling at 4254 Kahili Makai Street approved 6-0 with 19 conditions (including Ka Pa'i Kai affirmation).
• South Kaloa Deferral: Project Development Use Permit PDU 2026-7 and Class 4 Zoning Permit Z-4 2026-9 for the South Kaloa Housing Project deferred to February 24, 2026, to allow for community meetings.
• Concrete Facility Approval: Class 4 Zoning Permit Z-4 2026-7, Use Permit U-2026-6, and Special Permit SP 2026-2 for the Pacific Concrete Cutting and Coring facility approved 6-0 with 14 conditions (added condition to implement wildfire mitigation strategies and site restoration upon termination).
• Shoreline Ordinance: Zoning Amendment ZA 2026-1 (Shoreline Setback Ordinance) approved 6-0 to strengthen coastal protections.
• Appeal Deferral: Appeal of TBRNCU cancellation for We Belong LLC deferred to February 24, 2026.
• SMA Rules: Public hearing on Special Management Area rule amendments continued to February 24, 2026.
• Director Evaluation: Planning Director received an "Exceptional" rating across all categories; a salary increase to $159,336.00 effective July 1, 2026, was approved.
• Scheduling: The next meeting was tentatively scheduled for February 24, 2026 (correcting a previous January 27 mention).

Note: A discrepancy exists in the transcript regarding the date of the last Subdivision Committee meeting; the Chair initially stated it was December 9, but corrections were made to confirm the minutes reflected November 10, 2025.