Kauai County Subdivision Committee and Planning Commission Meeting, April 14, 2026
Kauai County Subdivision Committee and Planning Commission Meeting, April 14, 2026
The meeting began at 8:31 AM with the Subdivision Committee, which approved two subdivision actions, then transitioned to the Planning Commission at 9:05 AM. The Planning Commission addressed five major agenda items, including a guided agricultural tour, an electrical substation, two shoreline residential permits, and amendments to the Special Management Area (SMA) rules. Numerous public testimonies were heard, and all items were voted on, with some approvals subject to conditions.
Consent Calendar
- Subdivision Committee: Approved agenda and minutes of March 10, 2026.
- Planning Commission: Approved agenda as modified (new business sections moved directly before respective hearings).
- Planning Commission: Approved minutes of February 24, 2026 and March 10, 2026.
- Planning Commission: Approved excerpt of March 10, 2026 minutes concerning Alban Louis Solar LLC (roll call vote; Commissioner Giovanni excused).
- Planning Commission: Received and approved the Subdivision Committee report.
Public Comments & Testimony
- SMAU 2026-5 (Zona or Dina LLC): Karen Diamond and Megan Wong testified, both supporting the project but urging a 100% archaeological inventory survey (AIS) due to known burials. They noted the applicants had already moved the house back from the shoreline to avoid burials. Ms. Wong also requested that the new septic system's location be considered to avoid further disturbance.
- Proposed Amendments to SMA Rules: Carl Berg testified, commending the department's work and requesting that the public be allowed to appeal planning director determinations to the commission, not just applicants. Karen Diamond also spoke in support of the rules.
Discussion Items
- Preliminary Subdivision Extension (S-2025-2): Applicant Makay Kolo LLC proposed a 20-lot consolidation and resubdivision (6.06 acres, R-4 zoning). Commissioner requested that future status reports clearly indicate progress made in the last year (e.g., by color or italics). Applicant stated the project is very close to completion, with documents routed to agencies. Department recommended extension to April 8, 2027.
- Final Subdivision Map Approval (S-2023-1): Applicant BBCP Kukuiula Development LLC proposed a 31-lot subdivision. Discussion covered cultural impact assessment (consultation with 65 parties, 14 responses), park dedication (Bay Park maintenance agreement waiting for County Council, community park redesign including dog park and restroom), preservation easements for potential archaeological sites. Applicant provided detailed history of the site and ongoing work with agencies.
- Guided Agricultural Tour (Z-4 2026-13, U 2026-10, SP 2026-5): Applicant Joseph Schwartz sought permits for small-scale tours (2-3 per week, 10 people) on his 281+ acre farm. Questions arose about compliance with state labeling law for Hawaiian-grown cacao. The applicant stated he had email correspondence with state agencies and claimed compliance. A neighbor's complaint about a New Year's Eve party (approx. 100 attendees) was also discussed; applicant said it was a one-time event. Department recommended open-ended deferral until Department of Agriculture comments are received; applicant agreed to waive timeline requirements.
- KIUC Switching Substation (Z-4 2026-14, U 2026-11): Kauai Island Utility Cooperative proposed a 50x24 ft switching substation on 3.03 acres to improve grid reliability and support 100% renewable energy by 2033. Discussion focused on wildfire mitigation (shortening transmission lines, state-of-the-art protective relays, no vegetation on site, cattle-grazed surrounding land), and the role of the substation in isolating faults. Department recommended approval with seven conditions.
- SMAU 2026-5 (Zona or Dina LLC) – Shoreline Residence: Application for a new single-family residence in Wainiha after voluntarily demolishing an existing house that was too close to the ocean and had burials. Public testimony highlighted the need for a full AIS. After discussion, the department drafted two additional conditions: (1) a 100% archaeological inventory survey of ground disturbance areas prior to building permit, and (2) prohibition on shoreline hardening. The applicant and community advocates reached consensus during recess.
- Proposed Amendments to SMA Rules: Jody presented updates to SMA rules to comply with state HRS 205A amendments and codify existing practices. Key changes addressed: substantial improvement valuation, significant effects criteria (replaced “and” with “or”), removal of automatic approval language for expired deadlines, clarification of commercial boating jurisdiction, and emergency permit procedures for shoreline parcels. The commission discussed the appeal provision under Section 13; county attorney stated current judicial review satisfies due process, but the commission could expand administrative appeal rights. No further changes were made.
- SMAU 2026-4 (Timothy J. Quinn) – Unfinished Business: Deferred application for a single-family residence in Wainiha. Applicant provided a supplemental Kapakai analysis with community outreach (responses found no cultural resources). However, no SHPD review was obtained. Department recommended approval subject to conditions, including a restriction against transient vacation rentals.
Key Outcomes
- S-2025-2 Extension: Motion to grant extension to April 8, 2027. Approved unanimously (roll call vote: Commissioners Cox, Giovanni, Strafford in favor).
- S-2023-1 Final Subdivision: Motion to approve final subdivision map. Approved unanimously (roll call vote).
- Guided Agricultural Tour: Motion to defer openly until Department of Agriculture comments are received; applicant waived timeline limits. Approved (roll call vote: Commissioners Cox, Giovanni, Santos, Strafford, and Chair in favor; Commissioner Giovanni excused from the earlier LUC vote but participated here).
- KIUC Substation: Motion to approve class 4 zoning permit and use permit. Approved unanimously (roll call vote).
- SMAU 2026-5: Motion to approve with 21 conditions (including new conditions 21 and 22 for 100% AIS and no shoreline hardening). Approved unanimously (roll call vote).
- SMA Rules Amendment: Motion to approve amended SMA rules as presented. Approved unanimously (roll call vote).
- SMAU 2026-4: Motion to approve with conditions. Approved unanimously (roll call vote).
The meeting adjourned. The next Planning Commission meeting is scheduled for May 12, 2026 at 9:00 AM.
Meeting Transcript
Calling the meeting to order of the subdivision committee on April 14th at eight thirty-one. Commissioner Cox. Commissioner Giovanni. You have a quorum, Madam Chair. The next would be the approval of the agenda. I move we approve the agenda. Is there any discussion? If not, all those in favor of the voice of vote on this one. I next would be minutes for the March 10th, twenty twenty-sixth submission. Is there any discussion on this? Any comments, any changes that you would like to have? I move we accept the uh minutes of March 10th, 2026. Second. It's been moved and seconded. If there's any discussion, if not, do a voice vote vote. All those in favor. Aye. Next, uh, we don't have any received items for the record. We don't have any unfinished business. Item G, new business. Preliminary subdivision extension or request for subdivision application number S-2025-2 Kokuula Parcel Q subdivision of Mackay Colo L L C at all as the applicant. So proposed three lot consolidation resubdivision of the 20 lots. TMK's 2-6-014041 and 046, as well as TMK 2-6-015-005 located in Kolokui. We don't have any members of the public sign up to testify this agenda item. Are there any members of the public present that would like to testify this agenda item? Seeing none, I'll turn it over to the stop line on this. One of the subdivision ordinance. As previously stated, uh the proposal involves a consolidation of three lots and resubdivision into 20 lots. The total area involved is approximately 6.06 acres within the county's residential R4 zoning district in State Land Use Urban District. The applicant is working to resolve the conditions of tentative approval and is working to obtain construction plan approvals by the planning department as noted in the extension report. It is recommended that an extension until April 8th, 2027, be granted to obtain final subdivision approval. Any questions for the any questions for it for the department? No. No. I do have a request that since there is going to be a I think I'm getting some feedback here. Some um there's going to be a status report every year on this that for every status report that there is an identifiable way that we can see what has happened in the last year, so that we know how the status has changed over time. As it stands right now, it's very difficult to see when what was done because it's usually this whole list, and when you have this whole list, you just never know when it was complied with or what the status is. So if we know what has been done in the last year, just to identify it either by color or by italics or something else, so that we would know what has been done in the last year as a status report. Can that be added to that? Okay. Noted. For the record, I concur with that recommendation. That's very helpful. Okay. All right. Is there any other is there is the applicant here? Good morning, commissioners. For the record, Lindsay Crawford representing Makkay Kolo LLC. I think that's an excellent recommendation. Is a little status report.
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