Government agencies must ensure Haleiwa eatery addresses violations

Many of us who live on the North Shore are grateful that the state Department of Health (DOH) and the city Department of Planning and Permitting (DPP) are protecting the health, safety and welfare of the public by issuing notices of violation, citations and an administrative order of consent to the Haleiwa Beach House.

The agencies’ recent actions substantiate concerns raised by residents and address gaps in the regulatory and permitting systems.

The government has now identified some of the adverse effects resulting from the intensity of the unpermitted uses taking place at this sensitive location adjacent to Loko Ea Stream, Loko Ea Fishpond, Haleiwa Beach Park and Waialua Bay.

However, additional regulatory scrutiny is needed to address the ongoing violations in the Special Management Area (SMA) and Haleiwa Special Design District, as well as the restaurant’s illegal commercial use of the adjacent 3.4 acre Department of Parks and Recreation (DPR) land.

One clue to the fiasco at the restaurant is the following excerpt from the 2013 DOH variance describing the existing septic system designed to handle effluent of 114 customers:

“Based on the volume of sewage effluent generated, the existing lot area is less than than required in the DOH Administrative Rules.”

A quick glance at an aerial photo demonstrates that cramming the 388-seat capacity restaurant into this small area takes up roughly half of the 23,552 square foot property.

The city’s online GIS (geographic information system), and the restaurant’s own maps, illustrate encroachment of the restaurant onto the neighboring Kamehameha Schools land.

Another key to the mess DOH and DPP are working on is the fact that the transformation of the restaurant over the seven-month period from August 2015 to March 2016 involved work far beyond what the owner described in permit applications.

For example, DOH and DPP citations document that the completed renovations added area for 274 new seats and completely new kitchen, bathroom and floor areas.

In striking contrast, the permit applications the landowner submitted described work such as: “new decorative railing,” “repair and reconstruct the existing old ADA access ramp and stair entry,” and “some exterior alterations.”

Therefore, the public is relying on the government to protect the public interest in the following ways:

>> Given the notice of violation that DPP has already issued (2016/NOV-04-179), DPP must issue corresponding notices of violation for Special District (Haleiwa) and Special Management Area.

A Major SMA Permit also should be required.

>> DOH should reanalyze both the appropriateness and associated documentation of the 2013 DOH variance.

>> The DOH director should utilize her power to hold a public hearing and/or public informational meeting in the North Shore community so residents may be fully briefed on the circumstances related to the wastewater discharge and the DOH regulatory and monitoring strategy moving forward.

One of the effects of the wastewater spill is that Malama Loko Foundation was forced to suspend all water-based stream and fishpond activities for all volunteers, staff, community members and the 2,000 students who are visiting this summer.

This also merits further community discussion.

>> The city Liquor Commission should not approve a liquor license until the restaurant is able to demonstrate compliance with all relevant city and state laws geared toward protecting the health and safety of the public.

The landowner told the Pacific Business News in November 2015 he “went a little crazy” in creating the new restaurant.

The government must be vigilant to prevent further harm to the community until all of these unfortunate circumstances are comprehensively addressed.