HAR §15-215-03

HAR §15-215-03. §15 215 24

Length: 3,104 wordsOfficial source

Cite as Haw. Code R. § 15-215-03

5 Clarifies Department of Hawaiian Home Lands (DHHL) authority and applicability of rules Establishes special district for DHHL lands; also clarifies that the rules will apply if federal lands convert to private ownership. 2 §15-215-03 Added conformance with Coastal Zone Management Clarifies that, where applicable, projects must conform with HRS Chapter 205A, 3 §15-215-05 Clarifies procedures for rule interpretations Updates processes to be consistent with authority practices. 4 §15-215-06 Clarifying the role of nationally-recognized building codes Recognizes that national codes, such as the International Building Code (IBC) or National Fire Code (NFC), takes precedence over the Kalaeloa rules. 5 §15-215-06 Clarifying the role of airport zoning regulations Recognizes that airport zoning regulations take precedence over the Kalaeloa rules. 6 §15-215-06 Clarifies definition of “light industrial” Removes “warehousing” which is a separate use type, and clarifies typical accessory uses. 7 15-215-06 Removes “Miyawaki Method” definition This definition was added in the last draft, but deemed unnecessary. 8 15-215-06 Clarifies “Parks and outdoor recreation” definition Recognizes that certain ancillary uses may support the use of parks and recreation. 9 §15-215-07 Updates severability provisions New standardized language. 10 §15-215-08 Align roadway definitions with City and County of Honolulu standards Generally aligns the definitions of avenues, alleys, boulevards, local streets, main streets, streets, and sidewalks with the definitions in the City’s complete streets design manual, subdivision rules and regulations, and federal roadway classification systems. Attachment 1 Summary of Major Changes to the Kalaeloa Community Development District Rules As of October 2025 2 No Citation(s) Summary of Proposed Changes* Description/Notes* 11 §15-215-08 Updated definitions to increase flexibility and consistency Examples of updated definitions include: • Align floor area and floor area ratio definitions with the City; • Providing more flexibility for build-to lines; • Align day-care definitions with City (seven or more people); • Broadening the definition of lanais; and • Allowing canopy trees or trellises in required open space; and • Align low impact development definition with the City’s rules related to water quality. 12 §15-215-08 Simplifies the definition of historically or culturally significant sites Removes ambiguous language. 13 §15-215-08 Clarifies the definition of recreation space The previous definition did not include reference to recreation spaces being used for recreation. Adds active or passive recreational use to the definition. 14 §15-215-08 Added Vacant Parcel definition Provides definition to qualify for conditional use of vacant land permit. 15 §15-215-08 and Figure 7 Adding and removing various definitions Clarifies the application of the rules. Obsolete definitions for terms that no longer appear in the rules are removed, while other new terms are added (was Figure 1.7). 16 §15-215-23 Amends Transect Zones Further describes the transect zones. T1 Natural Zone removed. Limited camping in T2 Rural Zones allowed. Removed “with commercial emphasis” from T3 Mixed-Use Zone. Special District removed. Clarifies when camping in T2 is inappropriate, and is subject to review under conditional use permit Attachment 1 Summary of Major Changes to the Kalaeloa Community Development District Rules As of October 2025 3 No Citation(s) Summary of Proposed Changes* Description/Notes* 17 §15 215 24.5 Added Special District Section Defines SD-1 Military, SD-2 DHHL, and SD-3 Kalaeloa Airport Special Districts. Clarifies permitting authority for Kalaeloa airport tenants. 18 §15 215 25 Added Overlay Zones Section Defines Overlay Zones and establishes the Saratoga main street frontage overlay zone and the Ewa Plain battlefield overlay zone. 19 §15-215-26 Align thoroughfares with City standards Ensure that thoroughfares are designed to City and County of Honolulu standards, as applicable. Also requires that street trees planted outside the right-of-way meet city requirements. Added language clarifying that palm species shall not be used to satisfy street tree planting requirements. Amends street tree language to better reflect City and County of Honolulu Standards for tree sizing 20 §15-215-39 Simplified frontage type requirements Requires buildings along major boulevards, avenues, or streets to conform to building frontage standards, rather than buildings along all thoroughfares. 21 §15-215-41 Clarifies building placement Clarifies that for frontage occupancy calculations, courtyards must be publicly accessible, activated, and/or furnished. With a maximum recess depth of twenty-feet from the build-to line. 22 §15-215-42 and Figure 1.12 (deleted) Reduced view corridor setbacks and eliminate designated view corridors For the portions of buildings above 65 feet in height, reduces setback on the principal frontage from 50 feet to 10 feet. Previously designated mauka- makai view corridors along Enterprise, Lexington, and Hornet are eliminated. 23 §15-215-43 Clarifies building materials and design Provides design flexibility for balconies, galleries, arcades, and service elements. Attachment 1 Summary of Major Changes to the Kalaeloa Community Development District Rules As of October 2025 4 No Citation(s) Summary of Proposed Changes* Description/Notes* 24 §15-215-43 Exempts retaining walls from fence, wall, and hedge requirements. Aligns with the City’s requirements. Retaining walls serve an additional function of stabilizing earth material. 25 §15-215-43 Clarifies that exterior signage must meet City and County of Honolulu standards for B-2 Zoning Districts Requirements and processes for approval of exterior signage are made more explicit. 26 §15-215-43 Simplified architectural standards Allows more flexibility for fence heights in appropriate locations. Window visual light transmission requirements are also simplified and executive director’s acceptance for window light transmission below certain levels only required for ground level commercial and retail. 27 §15-215-43 Adjustments to fence heights and allowed materials Allows more functional fences within required yards in mixed-use and urban transect zones, while prohibiting some fence materials within front yards, to promote stronger neighborhood character and associated development. Revised to provide flexibility for fence materials, and to reduce fence design requirements to limited street types. Further revised to specify that fences for light industrial uses must be a minimum fifty-percent open, and removes exception for fence height along main streets, boulevards, and avenues. 28 §15-215-43 Requires exterior lighting to be fully shielded with warm color temperatures Requires exterior lighting to be fully shielded at a correlated color temperature no greater than 3,000 degrees Kelvin to help preserve the natural night sky. Removes color temperature, and amends language to minmimize rather than prohibit light spill. Attachment 1 Summary of Major Changes to the Kalaeloa Community Development District Rules As of October 2025 5 No Citation(s) Summary of Proposed Changes* Description/Notes* 29 §15-215-43 Adds flexibility to utility and service elements Increases flexibility for minimizing visual impacts of utility and service elements. 30 §15-215-43 Use of ʻOlelo Hawaiʻi in exterior signage and fostering a Hawaiian sense of place Where possible, exterior signage should be in both ʻOlelo Hawaiʻi and English. Improvement and development permit applications must also describe how the proposed design exhibits a Hawaiian sense of place, such as through the use of traditional motifs, local materials, and native landscaping. 31 §15-215-43 Rearranged and simplified window requirements Rearranged and simplified window requirements for commercial and retail storefronts. 32 §15-215-44 Elimination of preferred plant species for general landscaping Increases flexibility for landscape designers to better meet site condition and addresses supply chain variability. Also adds requirements for automatic irrigation in T3-T5 zones while maintaining preference for native or adapted plant species. 33 §15-215-44 Requires utilization or accommodation of R-1 recycled water for landscaping, as available. Requires use of recycled water in landscaping to reduce potable water consumption, as available, to align with city policy and to add users to the non- potable water supply sourced from the Honouliuli WWTP. 34 §15-215-44 Added invasive species management requirements for landscaping Align with the City’s standard conditions of approval to prevent the spread of the Coconut Rhinoceros Beetle (CRB). Prevents use of CRB host materials such as palms, mulch, wood or tree chips, and mulch in landscaping. Requires palms killed by CRB to be replaced by trees not susceptible to CRB. Clarifies invasive species control relating to tree and plant species, as well as pest management. Attachment 1 Summary of Major Changes to the Kalaeloa Community Development District Rules As of October 2025 6 No Citation(s) Summary of Proposed Changes* Description/Notes* 35 §15-215-45 Elimination of dedicated recreation space in non- residential developments Recreational space standards are eliminated for industrial, commercial, office, and goods and services uses, since they may hinder development on smaller parcels or conflict with security requirements. 36 §15-215-46 More flexible open space Allows a portion of stormwater retention basins to be used as recreation space. 37 §15-215-47 Amends curb cut requirements with City standards. Driveway aprons shall follow City standards based on the nature of the development. 38 §15-215-47 Removal of off-street parking requirements Consistent with City and County of Honolulu Ordinance 20-41, which eliminated parking minimums in the Primary Urban Center, Kapolei, and Ewa in order to allow developers to right-size parking, lower construction costs, and support multimodal transportation options. 39 §15-215-47 Changes to parking lot landscaping requirements Align shade tree and landscaped median requirements in parking lots to City standards. Provides exemption if landscaping is obstructed by photovoltaic canopies. Additional revisions added to more closely align to City standards for parking lot landscaping and stormwater runoff. Modifies parking lot landscaping requirements to provide planter wells that allow for the provision of larger canopy trees. 40 §15-215-47 Clarifies parking placement Provides aesthetic enhancements for parking lots and structures 41 §15-215-47 Clarifies bicycle parking Updates bicycle parking requirements to be consistent with City standards. 42 §15-215-47 Moderninzes terms Use category term supdated to reflect modern nomenclature Attachment 1 Summary of Major Changes to the Kalaeloa Community Development District Rules As of October 2025 7 No Citation(s) Summary of Proposed Changes* Description/Notes* 43 §15-215-48 More flexible green building standards Explicitly allows for the use of green building rating or self-certification standards other than the Leadership for Energy and Environmental Design (LEED). 44 §15-215-49 New Saratoga Main Street Frontage Overlay Zone Adds requirements for active commercial and pedestrian-oriented design to foster a main street along Saratoga Avenue between Boxer Road and Enterprise Street. Limits building placement standards to commercial buildings 45 §15-215-49 Clarifies drainage basin design Clarifies recreational and pedestrian oriented designs of drainage basins along the Saratoga main street. Clarifies a minimum of eight-foot sidewalks. 46 §15-215-50 New Ewa Plain Battlefield Overlay Zone Reinforces requirement that the design of proposed developments are compatible with the protection and interpretation of the historical landscape of the Ewa Plain Battlefield. Reinforces the conformance of development with the covenants and agreements that run with property within the overlay zone. Simplifies language. 47 §15 215 62 More flexible large lot development standards for certain land uses Utilities, large solar arrays, and some other uses would be waived from certain parking and building type requirements that apply to large parcels. Simplifies certain street requirements. Clarifies pedestrian-oriented design to the allowance of cul-de-sacs and dead- end streets Simplifies language Attachment 1 Summary of Major Changes to the Kalaeloa Community Development District Rules As of October 2025 8 No Citation(s) Summary of Proposed Changes* Description/Notes* 48 §15-215-63 Clarifies State Historic Preservation Division (SHPD) review Adds language to emphasize that SHPD concurrence or adequate compliance documentation is required when permit applications are submitted to HCDA. Also reinforces SHPD review processes and compliance with any applicable historic covenants. Additional language reinforcing protection, and maintenance of historic properties, and conformance with any applicable historic covenants or agreements. Clarifying revisions. 49 §15-215-63 New ʻAha Advisory Council Incorporates ka paʻakai recommendation to incorporate a cultural advisory group to better manage cultural resources. 50 §15-215-65.5 Aligns joint or split zone development with City standards Adds floor area ratio calculations and requirements for split zoned lots to align with City standards. 51 §15-215-74 New Zoning Clearance permit New permit to support alcohol and firearms licenses. 52 §15-215-75 New Temporary Use Permit New permit to facilitate short-term events, such as a tents and structures for periods of less than fourteen days. Attachment 1 Summary of Major Changes to the Kalaeloa Community Development District Rules As of October 2025 9 No Citation(s) Summary of Proposed Changes* Description/Notes* 53 §15-215-76 Expanded Rules Clearance permits and new exemptions Rules clearance permits will now apply to parcels of any size and be expanded to include more types of projects, such as limited grading, de minimis exterior alterations, repairs using similar materials, small-scale solar panel installations, and minor site improvements. Public project changed to mean private or public utility projects. Interior electrical or plumbing work is now being exempted from HCDA permit requirements. Finally, emergency repairs to utilities may be started with a permit subject to certain procedures. Expands Rules Clearance applicability to include standalone demolition of structures. Expands exemption to include standalone minor grading that is not part of a larger project. 54 §15-215-77.5 New Renovation Permit New permit to allow interior alterations that do not increase floor area by more than twenty-five percent. 55 §15-215-78 Updates to Improvement and Development Permits The thresholds for improvement and development permits are now based on project size rather than parcel area. In addition, requirements to address adverse environmental effects, traditional Native Hawaiian rights or practices, and climate adaptation are also integrated into the permitting process. Also clarifies the use of design advisory board and adds a native Hawaiian cultural consultant. Clarifies that any substantial adverse effects must be mitigated, pursuant to HRS §§ 343, and 6E. 56 §15-215-78 Clarifies airport compatibility Clarifies that improvement and development projects are to consider use and design compatibility with aviation and wildlife. Attachment 1 Summary of Major Changes to the Kalaeloa Community Development District Rules As of October 2025 10 No Citation(s) Summary of Proposed Changes* Description/Notes* 57 §15-215-80 Adds reference to new vacant parcel definition and extends applicability of Conditional Use of Vacant Land Permit Vacant land permit may be issued for a vacant parcel, as defined in Section 8. Allows an additional two-year extension, for a total allowable period of six years. Modifies language to allow the extension of conditional use on vacant land permits for periods of two years, until adequate infrastructure is in place. 58 §15-215-81 Consolidates and clarifies variance procedures Eliminates distinction between minor and major variances, since authority action for all variances is now required per Hawaii Revised Statues §206E-4.1. Also adds a community identity finding requirement for variances required for civic buildings. Also clarifies that variances may only be granted if the applicant will be deprived of reasonable use of the property. 59 §15-215-82 Master Plan Permit Adds provisions for closing agreements at the expiration of a master plan permit. 60 §15-215-82 Expansion of approval validity period language The new permits were added to the approval validity period. Additional language added for permit extensions and expirations. 61 §15-215-84 Automatic approval duration Reduced from 60 to 30 days for zoning clearance 62 §15-215-85 Approval validity period Provides that renovation permits shall have an effective minimum period of two years. 63 §15-215-89 Clarifies that maintenance is allowed on nonconforming buildings Allows maintenance activities on exterior facades, roofs, and other elements that do not increase any nonconformities. 64 §15-215-91 Updated Fee Schedule Permit fees are aligned with authority practices. Reduces zoning clearance fee from $50 to $25. Attachment 1 Summary of Major Changes to the Kalaeloa Community Development District Rules As of October 2025 11 No Citation(s) Summary of Proposed Changes* Description/Notes* 65 §15-215-92 Added provisions for joint development of adjacent zoning lots Clarifies how maximum building heights and densities can be calculated for two or more lots that are combined into a single development. 66 Figure 1 Adjustments to the Approval Requirement Matrices Incorporates new the new development approvals. 67 Figure 2 Adjustments to the Regulating Plan Transect zone changes include a new special district for DHHL lands and defines the boundary of the Ewa Plain Battlefield and Saratoga Frontage Overlay Zones; new urban center zone between Roosevelt and Saratoga, Hornet, and Lexington streets. Also deleted T3 mixed use zoning along the Diamond Head makai end of the district adjacent to Hoakalei (was Figure 1.2). Other various changes. 68 Figure 3 Adjustments to the Thoroughfare Plan Changes were made based on consultation with stakeholders. Throughfare configurations are subject to change and this figure serves as guidance for future planning. Thoroughfare sections were removed (previously Figures 1.4A, 1.4B) 69 Figure 4 Adjustments to Building Development Standards Amends building development standards to reflect transect zones in the updated rules. 70 Figure 5 Use of Floor Area Ratio (FAR) into Site Development Standards Density is now designated in terms of Floor Area Ratio (FAR), rather than minimum and maximum units by use type. FAR provides better control over building size and bulk than existing density requirements. Also adjusted frontage occupancy and setbacks for Saratoga Main Street frontage zone (was Figure 1.3). Attachment 1 Summary of Major Changes to the Kalaeloa Community Development District Rules As of October 2025 12 No Citation(s) Summary of Proposed Changes* Description/Notes* 71 Figure 6 Street Tree chart converted to map New street tree map reflects updated rules and city standards. Street trees to be reviewed and approved by the City. Figure 1.10 displaying preferred plant species was removed. Added note indicating that the specified tree size is at maturity or typical of 15- year growth. 72 Figure 7 Adjustments to Land Use Amends land uses to reflect transect zones in the updated rules. 73 Figure 8 Amends Building Placement and Encroachment Simplifies minimum vertical and maximum horizontal clearance specifications. Modifies Build-to line to Build-to Zone. Adds Figure 8c to show building frontage calculations for courtyards. 74 Figure 9 Amends Parking Placement Figure Amends figure to illustrate the updated rules. 75 Figure 10 Amends Pedestrian Zone Treatment Clarifies that this figure is illustrative. Amends figure to reflect updated rules. 76 Previously Figure 1.12 Removed View Corridors Figure Figure removed to reflect updated rules. 77 Figure BT.1- BT.10 Amends Building Type figures Building Type figures amended to reflect updated rules and removes overly prescriptive specifications. 78 Figure BT.10 Adding a new Building Type: Tropical Urban Court This typology is intended to promote more sustainable, energy-efficient buildings. 79 Figure BT.11 Adding new building type: Cultural Pavilion This typology is intended for gymnasiums at parks, or other community facilities which may require high ceilings. 80 Figures FT.1- FT8 Added figures illustrating frontage types Improved the previous Figure 1.16 to better display frontage specifications in relation to the street by including cross- sections of the street, furniture, and pedestrian zones. Attachment 1 Summary of Major Changes to the Kalaeloa Community Development District Rules As of October 2025 13 No Citation(s) Summary of Proposed Changes* Description/Notes* 81 Throughout Updated phrasing Updates phrase “as may be amended from time to time” to “in effect at any given time”. Removes abbreviations and acronyms. 82 Throughout General corrections Miscellaneous technical and non- substantive amendments to correct typos and for clarification. *Note: Changes and descriptions are summarized. Changes since July 2025 draft are underlined. Refer to Ramseyer version for full text.