HAR §15-215-78. Improvement and development permits

(a) Applicability. All new improvement and development projects [and developments] shall require a permit. (b) Initiation. A developer may apply for an improvement permit or development permit by filing an application with the executive director. (c) Types. There shall be two types of permits: improvement permits and development permits. Each type shall be subject to the decision-maker review and action pursuant to Figure [1.1] 1 (approval [requirements matrix),] requirements), dated [September 2012,] November 2025, made a part of this chapter, and attached at the end of this chapter[:]. [(1) Improvement permits shall apply to improvement projects and are subject to executive director review and action; and (2) Development permits shall apply to developments and are subject to authority review and action. (d) Authority referral. The executive director may refer an improvement permit application to the authority for review and action. Where a design advisory board (“DAB”) has been or will be convened, the DAB shall review the application and provide its non-binding recommendations to the authority. (e)] (d) Required findings. Approval of an improvement permit or development permit shall require all the following findings of fact: (1) KMP consistency. That the proposal complies with and advances the goals, policies and objectives of the [KMP;] Kalaeloa master plan; (2) Kalaeloa [CDD] community development district rules compliance. That the proposed project complies with the Kalaeloa [CDD] community development district rules; [and] 215-91 (3) Compatibility. That the proposal [will not have a substantial adverse effect on surrounding land uses and] will be compatible with the existing and planned land use character of the surrounding area[.]; (4) Adverse effects. That the proposal has mitigated any substantial adverse effects on physical, biological, cultural, and historic resources, as pursuant to Hawaiʻi Revised Statues chapters 343 and 6E; (5) Native Hawaiian rights or practices. That any impacts to traditional and customary Native Hawaiian rights or practices which are present in the project area have been identified, considered, and reasonably protected; and (6) Climate adaptation. The proposal has considered climate change, sea level rise, and climate-resilient development in the design and siting of buildings. [(f)] (e) Conditions. In approving an improvement permit or development permit, the decision-maker may impose any reasonable conditions to ensure that the project complies with the findings required above. Any conditions attached to an improvement permit or development permit issued under any previously enacted zoning regulations, subdivision, or other administrative rules shall continue to apply and shall be enforceable as provided in section 15-215-90 (violations and enforcement). Such conditions may be waived by the decision-maker which originally imposed such condition(s) and where the developer agrees to waive and abandon all rights secured under the regulations formerly in effect. [(g) DAB.] (f) Design advisory board. The executive director may convene a [DAB] design advisory board prior to acting on an improvement permit or development permit application. Where an application has been referred to the authority for review and action under section 15-215-78(g), or when reviewing a development permit application, the authority may convene a [DAB] design advisory board whether or not the executive director has done so previously: 215-92 (1) Composition. The [DAB] design advisory board shall be comprised of the following members: (A) [Kalaeloa CDD's] The authorityʻs director of planning and development or designee[,]; (B) [one] One member of the authority[,]; (C) [and one] One or more technical consultants (e.g., architect, landscape architect, engineer[)], historic architect, or cultural consultant with specialized expertise in native Hawaiian cultural issues) chosen by the executive director[;]. The native Hawaiian cultural consultant must be validated or be recommended by a native Hawaiian serving organization; (2) Fee. The [developer] applicant shall compensate the authority for all costs relating to the participation of technical consultants in the [DAB.] design advisory board. Prior to retaining technical consultants, the executive director shall consult with the [developer] applicant on their fees and work scope; provided, however, that the executive director may exercise sole discretion to accept or reject the [developer's] applicant's recommendations and/or comments on the technical consultant to be retained [at the executive director's sole discretion;]; and (3) Purpose. The [DAB] design advisory board shall provide only non-binding recommendations to the executive director [or, in the case of referral under section 15-215-78 (improvement and development permits), to the] or authority[.], as applicable. (g) Authority referral. The executive director may refer an improvement permit application to the authority for review and action. Where a design advisory board has been or will be convened, the design advisory board shall review the application and provide its non-binding recommendations to the authority. 215-93 (h) Airport compatibility requirements. Developers shall consult with the department of transportation, airports division and the federal aviation administration prior to submittal of an improvement or development permit application to the authority. Due to the proximity to the Kalaeloa airport, developers may need to consider issues such, land use compatibility, visual glint and glare issues, wildlife attractants, and the need for avigation, noise, and wildlife easements. [Eff 10/27/12; am and comp ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)