Kauai County Planning Commission Meeting - August 11, 2026
Kauai County Planning Commission Meeting - August 11, 2026
The Kauai County Planning Commission met on August 11, 2026, to consider numerous subdivision applications, zoning amendments, land use permits, and appeals. The meeting spanned a full day, including a morning subdivision committee session and afternoon planning commission deliberations. Key actions included approvals of several subdivisions, deferral of controversial zoning bills on family definitions and apiaries, approval of an eight-unit affordable housing project by Habitat for Humanity with conditions, and referral of a shoreline setback appeal to a contested case.
Consent Calendar
- Approved the minutes of the June 9, 2026 subdivision committee meeting.
- Approved the agenda as amended (two changes: reclassification of an item and scheduling).
Public Comments & Testimony
- Subdivision S2026-13 (Littlestone): Kanani Kagawa testified questioning why a Kapakai (cultural impact) analysis was not required, noting the parcel is near potential cultural areas.
- Subdivision S2026-15 (Kiyohuna): Kanani Kagawa again raised the lack of Kapakai analysis for the roundabout area, citing cultural significance.
- Subdivision S2027-1 (Grow Farm): Kanani Kagawa and Alba Hini Keo, a lineal descendant, testified that the Kapakai analysis was absent and that their families had not been consulted on the 6,000-acre subdivision; they requested time to review.
- Shoreline Setback SSD-2027-3: Karen Diamond appealed the director's action, arguing the exemption was inappropriate because the house was rebuilt without permits, the state rejected the shoreline certification, and public views were blocked.
- Habitat for Humanity Project (PDU): Amy Blackstead testified about existing flooding on her property and opposed the project; Jeff Olson opposed citing traffic and drainage; Kanani Kagawa supported the project, calling it essential affordable housing.
- ZA 2026-3/4 (Family/Dormitory Definitions): Councilmember Felicia Cowden testified in support, arguing that without a cap on unrelated individuals, neighborhoods become commercialized and workforce housing undermines local homeownership.
- ZA 2026-8 (Apiaries): Ariel Bishop, Ashia Carter, Robin Murayama, Max Richardson, and Javid Maksut testified in strong support, highlighting pollination benefits, food security, and the need to protect Kauai’s varroa-free bee population.
- ZA 2026-5 (CPR Public Access): Ian Jung suggested adding a six-unit threshold consistent with subdivision rules.
Discussion Items
- Subdivision Approvals: The commission approved two preliminary subdivisions (S2026-13, S2026-15) after staff confirmed they were developed parcels not requiring Kapakai analysis. Subdivision S2027-1 (Grow Farm) was deferred to September to allow commission review of a Kapakai analysis submitted that morning; the applicant offered tentative approval with conditions, but the commission voted to defer.
- Extension Requests: Four time extensions for subdivisions (S2025-4, S2025-5, S2025-6, S2025-7) were all granted through April 8, 2027.
- Final Subdivision: S2025-2 (CoCula Parcel Q) was approved after clarification that workforce housing requirements were met under the master plan.
- Shoreline Setback Appeal (SSD-2027-3): Deferred to September to allow the landowner to respond to the late appeal filing.
- Habitat for Humanity Project: After extensive debate on drainage, the project was tabled for engineering testimony. The county engineer explained the drainage review required two-year storm detention. The commission ultimately approved the project with 13 conditions, including an amendment that any future wildland urban interface ordinance would supersede existing fire-safety conditions.
- Zoning Amendments:
- ZA 2026-3 (Family Definition) and ZA 2026-4 (Dormitory Definition) were deferred to October to explore alternatives; the department recommended disapproval due to enforcement challenges, but the commission opted to continue work.
- ZA 2026-8 (Apiaries) was deferred to September to craft additional public safety measures such as signage and epinephrine availability.
- ZA 2026-5 (CPR Public Access) was approved as amended by the Office of County Attorney.
- ZA 2026-7 (West Kauai Plan Amendment) was postponed due to insufficient notification.
- General Business – Freeman Petition: A petition to revoke a non-conforming use certificate and appeal of a zoning violation for a vacation rental were jointly referred to a contested case hearing officer (CC 2027-1) on a motion that passed unanimously.
Key Outcomes
- Subdivisions S2026-13 and S2026-15 approved unanimously.
- Subdivision S2027-1 deferred to September meeting; motion passed.
- Four subdivision extension requests approved unanimously.
- Final subdivision S2025-2 approved unanimously.
- Shoreline setback appeal SSD-2027-3 deferred to September.
- Habitat for Humanity project approved (4-0) with amended conditions.
- ZA 2026-3 and ZA 2026-4 deferred to October (4-0).
- ZA 2026-8 deferred to September (4-0).
- ZA 2026-5 approved (3-0, one excused).
- ZA 2026-7 postponed due to notice failure.
- Freeman appeal referred to contested case (4-0).
Meeting Transcript
Next we have minutes for the June ninth, twenty twenty-six uh subdivision committee meeting. Do we have a motion to approve the minutes? Second. It's been moved and seconded. Therefore, uh, let's have a voice vote. Do we accept the uh the minutes from approved. Next, uh, there are no specific procedural items for the record before the agenda's post or how our substitute agenda being posted. Some testimony submitted that has been circulated and is part of the public record online and is available for um review. Um, so with that moving on to new business, we have G One preliminary subdivision map approval, so there's an application number S that's twenty twenty-six thirteen. Richard A. Littlestone Junior and Tony Ujima proposed two lot subdivision T MK two dash four dash zero zero one zero four four located collar hill. We don't have any members of the public sign up to testify on this item. However, if there are coming up there. If there is something that wants to testify on the sign, please approach the microphone. Hi, good morning. Kanani Kagal for the record. And just as a matter of housekeeping, I was not, and if it is, I am you could clarify I did not see the Kapakai analysis on these subdivisions that are in the packets that are agenda in today's subdivision committees. And if they are, excuse my ignorance, I did not see them. And it was just a clarification whether the planning department is requiring them for preliminary subdivision approval. As I'm I was made aware that some subdivision application, when applicants submit subdivision applications, they are being requested or required to submit a kapacai analysis with the application in order to be accepted, the subdivision applications in order for the applications to be accepted by the department. So with this particular agenda subdivision application within the subdivision packet, a kapacai analysis was not attached to that. So I just wanted to put that for the record if the department is requiring this subdivision application to undergo a kapacai analysis and subsequently all other um agenda items today within the subdivision committee. And that will be my generalized testimony for all agenda items today. So I'll be speaking on each item today within this uh subdivision committee for that. Do you have any questions? Thank you. If there's any questions, commissioners have on the testing or just testimony this morning. Yeah. Um it's become a standard with practice within the department. So it's just wondering if that is something we are doing as this particular parcel is surrounded with area that could be potentially or have potential impact for cultural practices. Three minutes right now. Are you are you complete with your testimony? Thank you. Okay. So does somebody want to discuss that specifically for this application or do we want to move on? General, so I would yeah, if I could get this clarification process wise of subdivision applications, uh what is the department's protocol for consideration requiring kapata? Any one of us can speak to that, maybe starting with Kaina. Well, I can speak as it's an agendized item. I can speak to the specifics of the agenda items. If the commission would like a briefing on the overall Kapalkai analysis, that would be separate. Yeah, that would be agenda is in particular. We can we can do it as an educational presentation, but we can discuss application by application, how the department concluded either yes or no. Whatever. So since we're on this agenda item, should we address it? Yeah, let's address it for this agenda item if that is possible. So what has been posited as the Kapalkai analysis as required under the state constitution is an analysis to be made on whether or not cultural impacts cultural practices are occurring on the property that the proposed application would impact and in what manner can that impact be mitigated. And so that analysis is required for all applications for subdivision. Now, what we've also seen is that there are some levels of Kapalkai analysis will be a full-blown submittal and packaged item and some where it's not as robust, if you will. Um, in order to make sure that the constitution standards are met, an analysis is made. However, to the degree of what an applicant hires a consultant and conducts that analysis may vary.
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