Committee on Zoning and Planning, Thursday, June 25, 2026

PROPOSED CD1 TO RESOLUTION 26-140 (Submitted by Councilmember Kiaʻāina) – The CD1 (OCS2026-0394/6/17/2026 1:57 PM) makes the following amendments: A. Amends the title to add quotation marks around the abbreviation within the parentheses to read: "ACCEPTING A GIFT OF TRAVEL AND RELATED EXPENSES, VALUED AT $659.60, TO THE CITY FROM THE COUNTY OF HAWAIʻI PLANNING DEPARTMENT FOR THREE DEPARTMENT OF PLANNING AND PERMITTING ("DPP") EMPLOYEES TO PARTICIPATE AT THE REGIONAL PLANNING FOCUS GROUP IN HILO, HAWAIʻI, JUNE 10, 2026." B. In the fourth WHEREAS clause and the BE IT RESOLVED clause, identifies the letter dated June 2, 2026, as Departmental Communication 384 (2026). C. Makes miscellaneous technical and nonsubstantive amendments.

Related communication: CC-129(26) Office of the City Clerk, notifying the Department of Planning and Permitting of the introduction of the Resolution

PROPOSED CD1 TO RESOLUTION 26-134 (Submitted by Councilmember Kiaʻāina) – The CD1 (OCS2026-0391/6/17/2026 1:23 PM) makes the following amendments: A. Amends the resolution title to read as follows: "APPROVING THE EXPENDITURE OF CLEAN WATER AND NATURAL LANDS FUNDS TO ACQUIRE A PERPETUAL CONSERVATION EASEMENT OVER TWELVE PARCELS OF LAND KNOWN AS KE KĪPUKA O KALAEUILA, TAX MAP KEYS: (1) 5-6-003:011, 019, 020, 021, 022, 023, 024, 026, 030, 031, 046, AND 049 IN KAHUKU, O‘AHU, HAWAI‘I." B. Moves the former fifth WHEREAS clause to a new fourth WHEREAS clause, and provides that the Clean Water and Natural Lands Advisory Commission ("Commission") is responsible for reviewing qualified proposals and submitting recommendations to the Council for the approval of expenditures from the Clean Water and Natural Lands Fund ("CWNL Fund"). C. Combines then separates the former fourth and sixth WHEREAS clauses to form two new WHEREAS clauses: 1. In the fifth WHEREAS clause, provides background information on the Trust for Public Land ("TPL") and the North Shore Community Land Trust ("NSCLT"). 2. In the sixth WHEREAS clause, provides that the TPL and NSCLT proposal involves the City’s acquisition of a perpetual conservation easement over approximately 170 acres of land identified as Tax Map Keys: (1) 5-6-003: 011, 019, 020, 021, 022, 023, 024, 026, 030, 031, 046, and 049 ("Ke Kīpuka o Kalaeuila Parcels"). D. Amends the eighth WHEREAS clause to provide that the Commission found the TPL and NSCLT proposal strongly aligns with the seven purposes of the CWNL Fund set forth in Charter Section 9-204.2, and unanimously recommended the expenditure of CWNL Fund moneys to fully fund the City's acquisition of a perpetual easement over the Ke Kīpuka o Kalaeuila Parcels in an amount not to exceed the appraised value of the conservation easement, which is estimated to range from $10,500,000 up to $16,000,000. E. Adds a new ninth WHEREAS clause to provide that the Council agrees that the Ke Kīpuka o Kalaeuila Parcels consist of ecologically and culturally significant land, including one of the last intact coastal dune ecosystems on Oʻahu. F. Adds a new 10th WHEREAS clause to provide that the Office of Hawaiian Affairs ("OHA") has shown interest in acquiring the Ke Kīpuka o Kalaeuila Parcels. G. Adds a new 11th WHEREAS clause to provide that OHA's Investment and Land Management Committee approved the performance of due diligence activities to potentially acquire the Ke Kīpuka o Kalaeuila Parcels. H. Adds a new 12th WHEREAS clause to provide that OHA presented a proposal to the Commission that modifies the application for the Ke Kīpuka o Kalaeuila Parcels, to reflect OHA as the applicant, in partnership with the TPL and NSCLT. I. Adds a new 13th WHEREAS clause to provide that the Commission considered the modified application and recommended approval of the expenditure from the CWNL Fund for the modified Ke Kīpuka o Kalaeuila proposal. J. Adds a new 14th WHEREAS clause to provide that upon acquisition, OHA will become the landowner of the Ke Kīpuka o Kalaeuila Parcels, and plans to engage a steward in a long-term lease, to serve as the manager and steward of the land. K. Adds a new 15th WHEREAS clause to provide that OHA anticipates that initial efforts will focus on the development of a community-led management plan and restoration of the native coastal dune habitat through invasive species removal, native out-planting, and predator control, while also caring for the property's cultural sites and traditional aquaculture systems. L. Adds a new 16th WHEREAS clause to provide that OHA's stewardship vision also includes managed public access, educational and cultural programming, subsistence and cultural gathering practices, and appropriate recreational access to the coastline. M. Adds a new 17th WHEREAS clause to provide that the TPL and NSCLT have expressed their support of OHA's acquisition of the Ke Kīpuka o Kalaeuila Parcels, with the City holding a conservation easement over the land to ensure permanent protection in perpetuity; the TPL and NSCLT are willing to work with OHA and the City to obtain federal and State of Hawaiʻi funding to be used toward the overall acquisition purchase price of the land. N. Amends the last WHEREAS clause to provide that the Council desires to approve the expenditure of a specified amount of CWNL Fund moneys for the City to acquire a perpetual conservation easement over the Ke Kīpuka o Kalaeuila Parcels, subject to appropriate terms, covenants, and conditions as may be determined by the Department of Housing and Land Management. O. Combines the BE IT RESOLVED and BE IT FURTHER RESOLVED clauses and provides for a single BE IT RESOLVED clause that approves of the expenditure of a specified amount of funds from the CWNL Fund for the City's acquisition of a perpetual conservation easement over 12 parcels of land comprising Ke Kīpuka o Kalaeuila, subject to the following conditions: 1. Limits the maximum amount of CWNL Fund moneys available for the City's acquisition of the perpetual conservation easement to $14,000,000; 2. Requires the Administration to complete all due diligence as deemed necessary or desirable by the Department of the Corporation Counsel and implement standard transaction closing practices, including obtaining a formal conservation easement appraisal and title review, prior to the closing of the transaction; 3. Requires that all commitments relating to the protection, preservation, conservation, and stewardship of the Ke Kīpuka o Kalaeuila Parcels included in the modified application submitted by the Office of Hawaiian Affairs, in partnership with the Trust for Public Land and the North Shore Community Land Trust, must be incorporated into the final Grant of Conservation Easement and Declaration of Covenants; and 4. Provides that in the event the acquisition in fee simple of the 12 parcels of land comprising Ke Kīpuka o Kalaeuila by OHA (as purchaser) from NSR Farms LLC, NSH Farms LLC, and NSP Farms LLC (as seller) is terminated or cancelled for any reason by any party, the resolution is null and void. P. Adds a new BE IT FURTHER RESOLVED clause to provide that six months after the effective date of the resolution, and every six months thereafter until the land acquisition transaction closes, the Director of Housing and Land Management is required to submit a report to the Council detailing the progress of the City's due diligence efforts, and the status of the City's perpetual conservation easement transaction. Q. In the BE IT FINALLY RESOLVED clause, adds the Chief Executive Officer of the Office of Hawaiian Affairs as a recipient of a copy of the resolution. R. Attaches as Exhibits A-1 and A-2 maps depicting the location of the Ke Kīpuka o Kalaeuila Parcels. S. Makes miscellaneous technical and nonsubstantive amendments. Related communication: D-419(26) Department of Housing and Land Management, submitting Clean Water and Natural Land Fund Proposal

Related communication: D-112(26) Department of Housing and Land Management, submitting follow up on prior testimony submitted on September 19, 2025