Kahala hotel’s desire for easement raises some ire

The Kahala Hotel & Resort’s request for an easement to use state public shoreline for commercial enterprises such as beach activities and weddings has encountered community resistance.

Resorttrust Hawaii LLC, which bought the Kahala hotel for about $290 million in 2014, has proposed spending $900,000 to improve a 2.65-acre parcel, including leasehold and state beach lands. The property has had a revocable permit since the 1960s, allowing about one acre of public land in that tract to be used for private purposes. The new owners want to exchange the revocable permit for a more permanent nonexclusive easement.

The hotel’s general manager, Gerald Glennon, said the proposed nonexclusive easement would not “materially deviate” from the revocable permit. “The public will continue to have full rights to use the state property,” and the hotel’s beach lounge chairs would be available to all without fee on a first-come, first-served basis, Glennon said.

The hotel wants to stay competitive by offering torch-lighting ceremonies and rides in traditional sailing outrigger canoes. It also plans to expand its outdoor wedding ceremonies to three state parcels from two. The hotel would add native plants, Hawaiian signage and tiki torches. It also would improve shoreline access fronting the hotel.

The Kahala’s plans were outlined in an environmental assessment. Growing reaction has prompted the Waialae-Kahala Neighborhood Board to add the plans to Thursday’s agenda.

Emerging concerns mimic the ongoing Waikiki conflict over how to protect public access as more commercial beach umbrellas and chairs occupy space on state beaches. The 2014 state Legislature ordered the Department of Land and Natural Resources to find a solution. Last year stakeholders adopted guidelines clarifying that beach equipment in front of the Royal Hawaiian hotel, the Moana Surfrider and the Outrigger Waikiki must be rented to a named customer prior to occupying limited state beach space.

Doug Meller, an Oahu resident, said there were improvements as the guidelines first took effect. But just last week Meller emailed DNLR pictures of more Waikiki violations.

Given Waikiki’s struggle, a easement for the Kahala hotel could set a dangerous precedent, longtime Kahala resident Jim Nicolay said.

“If the state were to allow the Kahala hotel an easement to do its commercial enterprises on public land, what’s to keep every other hotel from saying, ‘I should get the same break’?” Nicolay said.

Glennon said “there are vast differences” between the volume of beach users at the 338-room Kahala and in Waikiki, where the Moana Surfrider, Outrigger Waikiki and Royal Hawaiian hotels sell thousands of rooms.

But Nicolay said beach conflicts already exist under the Kahala’s permit.

“The hotel once told my wife and I that we couldn’t walk in the area due to a wedding. A staff member escorted us through the kitchen area, but that makes a mockery of public access. Someone with their dog couldn’t do that,” he said.

Changing the Kahala’s permit to an easement lessens the state’s ability to guard public interest, Nicolay said.

“A revocable permit gives some opportunity to renegotiate the deal and apply leverage,” he said.

Linda Wong, Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board member, said she’s also worried that the proposal doesn’t compensate taxpayers enough.

“It’s their third very lucrative wedding chapel on public beach land,” Wong said.

Glennon said the hotel will pay the appraised value of the easement. It pays the state $1,262 monthly for its revocable permit and spends about $2,200 weekly on maintenance, not including insurance costs.

Wong said she plans to attend the board meeting, where she will ask to reopen the environmental assessment comment period, which has ended.

“They never went before the neighborhood board or held a hearing,” Wong said. “The people who didn’t know should have a chance to provide feedback.”

Glennon said the state must rule on extending the public-comment period. However, he said the company realizes that it should “take a close look at the plans and possibly refine those plans to make sure that public access to and along the shoreline is understood and fully supported.”