Planning Department - Kauai County

COUNTY OF KAUA‘I 

Department of Planning 

2013 Budget Presentation 

April 5, 2012 

Mike Dahilig 

Director 

Dee Crowell 

Deputy Director


Mission 

The County of Kaua‘i Department of Planning aims to provide, through the regulation of 

land use in an open manner, a long range vision for physical, social and cultural growth, 

enhancement and preservation of our unique past and present rural island lifestyle and 

values for future generations. 

Goals & Objectives 

Preserve and protect our unique resources through sensible growth of our 

economy and development of our built environment. 

Promote innovative approaches within the discipline of land use planning for 

implementation. 

Preserve our diverse historic and cultural resources. 

Provide regulatory and enforcement efforts to achieve the long range vision. 

Provide open communication with the people of Kaua‘i and all levels of 

government. 

Continually strive toward efficiency and excellence in customer service. 

2013 Budget Presentation Page 1

FY2012 to date Successes and Achievements 

HIGHLIGHTS 

The following are Key accomplishments, Project Implementation, and Statistics for the 

Planning Department during the Fiscal Year 2012 to date. 

1. Ordinance 912/TAU Charter Amendment Implementation: 

The passage of Ordinance 912 concluded a tumultuous endeavor prompted by 

Kaua‘i County Charter Section 3.19’s passage by referendum in 2008. In partnership 

with the County Attorney’s office, the Department ushered the research, drafting 

and passage of the ordinance regulating permitting concerning Transient 

Accommodation Units. After signed into law by Mayor Carvalho in October 2011, 

Ordinance 912 required the Department to make a transition from legislative work 

to implementation 

Departmental implementation prompted the rapid creation of intake framework led 

by the Deputy Director in order to accommodate enactment timelines, and provide 

efficient processing of exemption and permitted project applications. This effort also 

required in-house and external education in order to ensure accurate compliance 

with the new law. To date, five (5) applications for exemptions have been received 

by the Department, with one (1) approval. 

2. Ordinance 904 Implementation/Agricultural TVR Special Permits: 

Single‐Family Transient Vacation Rental HRS 205 Special Permit applications 

continue to task the Department’s operations, and its support for Planning 

Commission activities. The Ordinance has a one (1) year window for applications, 

and the Special Permit regulations require a 210‐day evaluation to decision timeline 

prompting quick turnaround by the Department. 

Since Ordinance 904’s implementation, the Department has intake 81 unique 

applications. The Department has taken a vigorous stance in reviewing 

acceptability, and a number have been either rejected or withdrawn, leaving about 

60 for commission processing. To date the Department and Commission has 

processed about half. 

The Department anticipates the bulk of TVR Special Permit processing by April. 

However, the process has spawned some litigation either at the contested case or 

circuit court level by applicant dissatisfied with the County’s decision on their 

applications. 


3. General Plan Technical Study Launches: 

Per Kaua‘i law, the General Plan updates should occur every ten years. The 

Department was given monies in the FY2012 budget to begin the technical studies 

necessary to determine baselines upon which policy calls would be made. The 

Department successfully completed procurement interviews on the studies, and has 

gone forth with receiving approval for award and ultimate contracting. 

4. Special Management Area Rules Amendments: 

On June 23, 2011, Governor Abercrombie signed into law Act 153, which increases 

the Special Management Are (SMA) Minor permitting parameters for those 

improvements costing $125,000 or less to $500,000 or less. 

The purpose of Act 153 was to expedite and facilitate work on projects that have 

been or may be stalled dues to delays relating to Special Management Area 

permitting requirements. Specifically, the Governor and Legislature found that the 

cost of purchasing and importing construction materials, along with the cost of 

labor, has risen at a rate that has increased the overall cost of projects that, in the 

past, may have been viewed as insubstantial or minor. 

This increase in SMA Minor permitting valuations mandate, however, does not go 

into effect until the respective County amends its own SMA Rules and Regulations. 

Last Fall, the Planning Department proposed amendments to the County of Kaua'i’s 

SMA Rules and Regulations that would bring them in line with those amendments 

made to Hawai'i Revised Statutes (HRS) 205A under Act 153. The Planning 

Commission adopted the Department’s proposed amendments; and, on October 11, 

2011 the Mayor signed them into effect, making Kaua'i the first county in the State 

to take action in accordance with ACT 153 and establish a more expedient and 

facilitating process for projects that were previously stalled due to outdated SMA 

permitting requirements. 

5. Revamp of Six-Year CIP Report 

Pursuant to the Charter, the Planning Commission is tasked with the responsibility 

of compiling projected CIP projects county‐wide over a six‐year period, and 

evaluating each for their consistency with the General Plan. Previously, this process 

was minimal in effort. 

However, in April 2011, the Department presented a review plan to the Commission 

outlining an enhanced effort in reviewing and compiling the information. Also, the 

report would be more user‐friendly to provide clarity of information. This report 

was presented to the Commission in January, ahead of the budget season in order to 

guide policy makers with an event horizon perspective of CIP initiatives. 


6. Civil Fine Implementation: 

Zoning enforcement is one of the most outstanding problems plaguing the Planning 

Department. Enforcement is done primarily on complaint based actions; however, 

lacking any fining or punitive authority, violating land owners are often reluctant to 

bring their properties and/or structures into zoning compliance. And if they do, they, 

say in the case of an illegal kitchen (which is the primary basis for an illegal dwelling), 

often remove the kitchens, only to replace them as soon as the Department declares 

their property in compliance. 

In 2010, the Department submitted to the County Council, a proposal that grants the 

Department the ability to fine $1000.00 per day that each violation persists. Council 

approved Bill 2421, Draft 1 with an increase in fine authority up to $10,000, and the 

Mayor signed it into law in December. The Department anticipates that this authority 

should, over time, greatly reduce the number of zoning infractions that occur on 

Kaua'i. The Department is proposing changes to the Rules of Practice and Procedure of 

the Planning Commission to accommodate contested case hearings associated with the 

fines. The Commission will hear the matter in February . 

7. Hawai‘i Congress of Planning Officials (HCPO) Conference: 

Every five years, the Department is tasked with the responsibility of hosting the 

Hawai'i Congress of Planning Officials (HCPO) Conference. The primary intent of 

which is to bring together State and County planning commissioners, planners, 

technicians, staff, and other government officials to discuss planning concerns and 

issues facing the state. 

This year the Department hosted the conference at the Grand Hyatt, focusing on the 

theme of Smart Growth and building Hawai'i’s future. The Department secured 

internationally renowned speakers such as American Planning Association (APA) 

President, Mitch Silver, Dan Burden (Director of the Walkable and Livable 

Communities Institute) and Gary Toth, as well as dozens of planning experts and 

leaders that work throughout the country. 

With one of the highest ever turnouts in HCPO’s history, this past year’s conference 

was an overwhelming success. At the end of the conference, many of the attendees 

and other island Planning Department heads commented that Kaua'i had in fact 

raised the bar for every other HCPO Conference to follow. 

8. Filled Planner I, II and Planner VII Positions: 

Several senior level planners recently retired, leaving the Department not only low 

in staff but also with a large absence of institutional knowledge. The Department, in 

turn though, secured two (2) highly qualified individuals for the positions of Planner 

I and Planner VII. The Planner I eventually matriculated to the Planner II position 

through competitive process. 


Before working as a planner in Nevada, our Planner I worked for some time on 

Kaua'i with the Office of Emergency Permitting in assisting the Department after 

Hurricane Iniki. The Planner I had previously sat in our CZM Planning Technician 

position. 

Prior to working for several years with the County Council as its Clerk, our Planner 

VII served for two (2) years as Planning Director. 

STATISTICS 

Beyond the myriad of efforts described above, the Department must still provide regulatory 

permitting services. The bulk of the Department intake and processing concerns 

SUBDIVISION 

A total of 21 subdivision applications were received and processed during the 2011 fiscal 

year. These applications involve a total of 107 lots, of which 92 lots are within the Urban 

District; 0 lots within the Rural District; 9 lots within the Agricultural District and 0 lots 

within the Conservation District. 

Actions taken during the fiscal year are as follows: 

Tentative approvals.……… 20 

Final approvals .........……... 20 

Disapproved .............……… 0 

Withdrawals/Cancellations.. 16 

Outstanding .............……… 0 

Extensions...............………. 14 

Modifications............……... 1 

Prior Tentatives Revised.…. 1 

ZONING PERMIT, USE PERMIT, VARIANCE PERMIT, SMA PERMIT APPLICATIONS 

Under procedures established in the Comprehensive Zoning Ordinance and SMA Rules 

and Regulations, all construction or development within the County require the issuance 

of a zoning, use, SMA, or a variance permit. This involves detailed review of all building 

permit applications; use, variance and Class IV Zoning Permits require careful review and 

analysis of recommendations by other governmental agencies; conducting of public 

hearings and final decision by the Planning Commission. 

Following is a tabulation of applications processed, fees collected, and meetings: 

STATE LAND USE COMMISSION MATTERS 


Special Permit Applications .................................................................................................... 34 

Boundary Change Petitions: 

State .................................................................................................................................................. 0 

County .............................................................................................................................................. 0 

SPECIAL MANAGEMENT AREA USE PERMITS (SMA) 

Minor Permits Processed ............................................... 21 

SMA Permits Processed ................................................. 2 

Emergency Permits Processed .................................................. 0 

Shoreline Setback Determinations Processed ............................................... 40 

ZONING PERMITS 

Class I & II Zoning Permits .................................................................................................. 694 

Class III Zoning Permit ................................................................................................................. 1 

Class IV Zoning Permit .............................................................................................................. 20 

Use Permit ...................................................................................................................................... 16 

Variance Permit ............................................................................................................................. 3 

Shoreline SetbackVariance ....................................................................................................... 2 

GENERAL PLAN AMENDMENTS ................................................................................................... 0 

ZONING AMENDMENTS ................................................................................................................... 4 

COUNTY CLEARING-HOUSE ........................................................................................................ 24 

STATE DEPARTMENT OF LAND AND NATURAL RESOURCES 

CDUA Reviews ................................................................................................................................. 1 

PLANNING COMMISSION MEETINGS 

Regular Commission Meetings .............................................................................................. 21 

Special Commission Meetings .................................................................................................. 0 

Subdivision Committee Meetings ........................................................................................ 16 

Public Hearings on Zoning Permits, SMA 

Permits, General Plan & Zoning 

Amendments, CZO and SMA Rules and Regulations .................................................... 36 

Field Trips/Investigations.......................................................................................................... 0 

Non Hearing Actions ............................................................................................................... 153 

Workshops ........................................................................................................................................ 2 

KAUAI HISTORIC PRESERVATION REVIEW COMMISSION 

Meetings ............................................................................................................................................. 7 

Special Meetings ............................................................................................................................. 0 


Field Trips ......................................................................................................................................... 1 

Planning Commission 

Project Reviews ....................................................................................................................... 7 

Other Reviews .............................................................................................................................. 25 

PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND 

COMMISSION 

Commission Meetings ............................................................................................................... 20 

Committee Meetings ..................................................................................................................... 0 

Public Hearings ............................................................................................................................... 0 

Community Meetings ................................................................................................................... 0 

CODE ENFORCEMENT 

Comprehensive Zoning Ordinance 

Inspections ............................................................................................................................ 763 

Violations ............................................................................................................................... 476 

Resolved ................................................................................................................................. 231 

Pending ................................................................................................................................... 245 

Prosecuting Atty/County Atty ............................................................................................ 9 

SMA & Shoreline Setback 

Inspections ............................................................................................................................ 384 

Violations .................................................................................................................................. 18 

Resolved ................................................................................................................................. 8 

Pending ................................................................................................................................ 10 

Prosecuting Atty/County Atty ............................................................................................ 4 

FEES COLLECTED 

Zoning, Use, Variance Permit .................................................................................. $3,856.00 

General Plan, Zoning, District 

Boundary Amendment ......................................................................................... 894.53 

Subdivision ........................................................................................................................... 309.00 

SMA Use Permit .................................................................................................................. 450.00 

Subdivision Payment in lieu 

of Park Dedication ..................................................................................... 1,322,627.05 

Printing Fees ..................................................................................................................... 1979.20 

Environmental Impact 

Assessment Fees ............................................................................................ 102,488.00 

Maps ........................................................................................................................................ 143.00 

TVR Registration .......................................................................................................... 49,200.00 


TRANSIENT VACATION RENTAL REGISTRATION 

Applications for registration and Non-Conforming Use .................................. 3,647 

Approved Non-Conforming Use Certificates ............................................................. 413 

Denied/withdrawn/inapplicable Non-Conforming Use Certificates ............. 264 

Registrations pending processing .................................................................................. 149 

Update on 2012 Goals 

In its 2012 budget presentation to the Council, the Department outlined an 

ambitious set of broader and refined objectives centered around four primary themes: 

1) Restore Staffing Levels; 

2) Innovate Customer Service, Intake and Enforcement; 

3) Improve Office Working Conditions including Training; and 

4) Focused Efforts on Completing Long Range Planning Initiatives. 

Specifically broken down, these themes included benchmarks to guide the Department’s 

work activities over the fiscal year. The discussion below provides a midway snapshot into 

the Department’s progress through the 2012 fiscal year: 

GOAL 1- Restore Staff Levels: 

Complete hiring of Planner I and II entry level positions. 

Planner I hired and eventually promoted to Planner II. Planner I reposted and 

recruitment ongoing. 

Complete hiring of Planner VII position. 

Planner VII hired in November 2011. 

Undertake evaluation of Department organizational structure, determine if 

reorganization is necessary, and if so, execute. 

In Progress. 

GOAL 2-Innovate Customer Service, Intake and Enforcement: 

Refine current One Stop Shop concept with Public Works Department. 

This discussion has evolved into efforts concerning the implementation of the 

ePlan review initiative spanning different divisions and Departments. 

Collaborate with Public Works and Information Technology on identifying and 


purchasing digital filing and intake software – software that will hopefully centralize 

intake recording. 

Ongoing. IT has contracted for the software and the Department is 

participating in multi-agency discussions concerning implementation. 

Also, beginning January 1, 2012, the Department does not deem any 

application other than a Class I or Class II approval complete unless a digital 

copy of all files, including sheets, has been received by the Department. This 

intake policy change has been introduced to align digital processing prompted 

by the ePlan review initiative. 

Work with inspectors on producing enforcement bench marks (i.e. number of 

inspections conducted a week, notices, etc.). 

Ongoing. The passage of the civil fines bill has prompted inhouse changes in 

reporting and cataloging. 

Digitize and centralize complaint intake and cataloging of disposition. 

In Progress. The Department is still refining policy with staff to create a 

uniform system. 

Establish rigorous TVR inspection program upon renewal dates to ensure 

operational compliance with CZO. 

In Progress. As an attempt to evaluate capacity concerning TVR enforcement, 

and make structural changes concerning continuous inspection and reporting, 

the Department withheld ten (10) TVR renewal certificates in an effort to 

understand and evaluate logistical needs before transitioning to proactive 

enforcement on TVRs once the Ordinance 904 Special Permit bubble is 

disposed. The Department has also identified another twenty (20) TVR 

operations without certificates and is currently solidifying investigation work 

for potential action. 

GOAL 3-Improve Office Working Conditions including Training: 

Transition some staff to additional interim office space in Piikoi building and 

reorganize work stations within office to promote teamwork and efficiency between 

divisions. 

Due to growth in office, the Department moved all coastal-related staff to the 

Piikoi building. However, this space has not alleviated the spatial pressures 

currently experienced in the Department’s current facilities. 

Digitally scan older files and catalog to reduce storage needs. 

The Department has instead changed intake procedures to require digital 

copies, and all work product and related files are transitioning to server 

storage rather than paper. 


Improve upon staff report deadlines to ensure better planning and review of 

materials for Commission agendas. 

In progress. 

Seek to ensure each regulatory and long range planner has at least one opportunity 

to attend a comprehensive training on issues relating to their area of focus and 

discipline. 

All staff members except the recent hire have had the opportunity for 

continuing education. Furthermore, all staff participated in an all-day teambuilding 

and leadership exercise to build partnerships across the different 

departmental divisions. 

GOAL 4- Focused Efforts on Completing Long Range Planning Initiatives: 

Roll out CZO update for Commission review by the end of summer 2011. 

CZO Update Phase I went out for public review in January 2012, and was 

reviewed and recommended for approval by the Planning Commission in 

February. The Phase I update is before Council for consideration. 

Roll out East Kaua‘i Development Plan for Commission review by the end of summer 

2011. 

Delayed – In Progress. The initial delay occurred as a consequence of more 

up-to-date information from the Census 2010 released in Spring 2011. Further 

delay came as a consequence of internal shifts in workload to accommodate 

the new Planner VII and coordination with the consultant on workload. The 

CAC was reconvened after a four-year hiatus in February, and a draft roll out 

for CAC review is scheduled for April. 

Ensure completion of IAL study by consultant in the Fall 2011. 

Work still ongoing. Community meetings and the last TAC discussion were 

completed before in December 2011. Recommendations concerning point 

thresholds and policies are in the final stages of completion by the consultant. 

Continue smart growth working group discussions with Housing, Public Works and 

Finance to help draft a smart growth pilot ordinance by the end of 2011. 

Remains in Progress. Capacity building became a critical but missing element 

toward meeting this objective. Staff is currently being trained in Form-Based 

code principles which facilitate mixed-use planning. 

Complete Shoreline Setback Ordinance redraft to incorporate UH Coastal Study and 

recommendations from UH Sea Grant. 

Ongoing. The Department has held discussions with UH Sea Grant and 

community members. The zoning amendment/bill is before the Planning 

Commission for public hearing on April 24. 


Vacancies 

Initiate bill to address permitting helicopter landing sites. 

In Process. The Department is working on refining policy on future permitting 

and will present a bill to the Commission before Fiscal Year’s end. 

Launch procurements for General Plan, Kōloa-Po‘ipu-Kalāheo Development Plan 

and Līhu‘e Development Plan and User Fee Study shortly after the beginning of the 

fiscal year. 

Completed. Departmental committees have met to select consultants for all 

studies, and are in award and contracting stages. 

The Department currently has vacant positions. The table below outlines each position and 

the current status of departmental efforts concerning recruitment 

Position 

Status 

Planner VI 

Continuous recruitment opened in early March. List pending. 

2012-Planner V Temporarily reallocated to fund TVR Program Specialist for Ord. 904. 

CZM Account Clerk Candidate recommended for hire. 

Planner I 

Recruitment period closed. List pending. 

The Mayor’s proposed budget also includes the restoration of funding for the dollar-funded 

land use plans checker position. 

2013 Challenges 

OFFICE SPACE: The physical work environment for employees still remains a 

challenge due to overcrowding and overflow of paper files, even after the additional space 

in the Piikoi building. 

STAFFING: Attaining full staffing continues to be an ongoing challenge for the 

Department. Although hiring did occur as planned, the time required to process applicants 

still remains a challenge. 

MAINTENANCE OF CZM GRANT MATCH EFFORTS: Under agreements with the 

State, Coastal Zone Management Grant funds must be matched dollar for dollar either by inkind 

match or direct appropriation. The economy has had a trickle down effect on funding 

levels by both the Federal Government and the State, thus requiring the Department to 

provide more in-kind match than previously needed. The lack of CZM-related applications 

is forcing the Department to engage in more statewide policy-driven work in order to rack 

up in-kind match hours. 

TRANSITION TO E-FILING: Paper continues to be a challenge for the Department. 

Training will be key in transitioning permitting staff to the unified e-plan review system 

being implemented by the IT division. 


NUMEROUS LONG RANGE STUDIES: The Department will be required to maintain 

oversight of two (2) development plans, four (4) general plan technical studies, an impact 

fee study and launch the second phase of the general plan over the next fiscal year. 

ENFORCEMENT AND CIVIL FINES: Community demands continue pressure upon 

the Department’s enforcement efforts, particularly in the realm of Transient Vacation 

Rentals. The enactment of the civil fines legislation also requires the Department to 

normalize a logistics framework in disposing of appeals through contested case hearing. 

FY 2013 Budget Requests 

Operating Budget 


Departmental Operations 

FY 2013 FY 2012 % + or - 

Salaries and Wages 1,375,131 1,356,732 2.2% 

Benefits 960,898 914,497 5% 

Departmental Operations 184,066 498,168 (63%) 

Commissions Operations 18,682 18,682 0% 

TOTAL 2,538,777 2,788,079 (8.9%) 

FY 2013 Operating Budget Breakdown 


9% 

1% 

Salaries and Wages 

Benefits 

38% 

52% 

Departmental Operations 

Commissions Operations 


1,400,000 

FY 2012 and 2013 Comparison 

1,200,000 

1,000,000 

800,000 

600,000 

FY 2012 

FY 2013 

400,000 

200,000 

0 

Salaries and 

Wages 

Benefits 

Departmental 

Operations 

Commissions 

Operations 


Operating Budget Discussion 

The Department’s FY2013 budget request reflects a $249,302 or 8.9% decrease 

from FY 2012. The primary source of the decrease comes from a $300,000 decrease in 

other services costs associated with Ordinance 904 hearings officer contract. 

Full savings associated from the elimination of the one-time expenditure is 

somewhat offset by the mandatory increases in benefits, full funding of the transportation 

planner, and retention of some other services funds to accommodate contested case 

hearings officers. The Department also requested a $25,000 increase in the consultant 

services budget to fund undercover investigations to supplement the TVR enforcement 

program. However, the overall consulting line item under which this proposed activity falls 

needed t be reduced due to mandatory budget reductions. 

Other minor increases in the budget come as a consequence of duplication costs, and 

furniture for the transportation planner. 

CIP Related Budget Requests 

In the FY2012 CIP budget, the General Plan Update was dollar-funded to 

accommodate a two-part phasing of the overall $1.25M project. The Department was given 

$424,999 to initiate the completion of General Plan Technical Studies this fiscal year, with 

procurement for these studies nearing completion. The administration recommendation 

allocates $400,000 in additional funding for this upcoming fiscal year to begin funding of 

the second phase.

Planning Department - Kauai County

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