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Kyo-ya Hotels & Resorts
Kyo-ya’s $700 million redevelopment scheme will cast shadows on Waikīkī’s prime beach area.

Shadows on the Beach

An appeal for help in Waikīkī

Kyo-ya Hotels & Resorts / A glance at Google Earth reveals a new problem with Kyo-ya’s plans to build a 26-story beachfront hotel/apartment building in the middle of Waikiki Beach, right next to the surf racks and police substation at Kuhio Beach Park. The problem is the tower’s morning shadow on the beach during summer months.

In Google’s view of Waikiki, dated Sept. 28, 2008, the shadows indicate mid-morning. If the shadows cast by the 40-story twin towers of the Hyatt Regency Waikiki are any indication, every morning for about half the year, Kyo-ya’s tower will shade some part of the busiest sand in Hawaii–in front of the Moana and the Outrigger Reef hotels, and perhaps all the way to the Royal Hawaiian during the early morning when shadows are longest. That stretch of sand is probably the state’s most important natural resource. And it’s a public–and historic–beach.

Next door, the old Moana’s legendary Banyan Courtyard will lose its morning sparkle for much of the year.

The increasingly controversial “castle-in-the-sand” is just part of Kyo-ya Hotels & Resorts’ massive, $700 million redevelopment scheme for its Princess Kaiulani and Moana/Surfrider properties. The plan’s 1,500-page Environmental Impact Statement includes an illustrated boilerplate shadow study but is silent about potential shadow impacts on the public beach.

In the back-and-forth over the city’s spineless, slow-motion surrender of its laws to this steamroller of a project (see the Honolulu Star-Advertiser’s Oct. 8, 2010 editorial, “City weak on Waikiki planning”), the shadow issue doesn’t really come up.

Instead, lawyers are seriously arguing about a 1965 deal wherein the state of Hawaii had promised the landowners along Waikiki’s central beachfront (including Kyo-ya) that it would widen the beach substantially but never did (surprise, surprise!).

Because of this broken contract with the state, and for the purposes of the tower’s setback needs, Kyo-ya, which is now owned by a New York-based hedge fund called Cerberus Capital Management, argues that the site’s “shoreline” should be set 180 feet seaward from the actual, real-world, certified shorelin –or about 100 feet out into Waikiki’s famously limpid waters–so that the tower’s bulk will fit into a legal-ish geometry.

It’s as if Kyo-ya’s legal beagles want to pretend that something that didn’t happen instead happened, or as though they feel they deserve something…because something else didn’t happen.

But an absence of facts never stopped a lawyer. Seeking “relief from the strict application of the coastal height setback,” attorney Randall Sakumoto of the Honolulu firm of McCorriston, Miller, Mukai and MacKinnon makes the slam-dunk argument for Kyo-Ya: “Had the beach been constructed by the State as contemplated by the 1965 beach agreement,” Sakumoto wrote in a March 7, 2010, memorandum to the city’s Department of Planning and Permitting (DPP), “it is likely that the beach fronting the Diamond Head Tower site would be approximately 180 feet wider than it is today. In turn, the certified shoreline would be makai of Line B [a reference to a diagram] and perhaps more than 180 feet more seaward than the shoreline shown in Diagram 2 above. Had this occurred, we believe that almost no portion of the proposed Diamond Head Tower would encroach into the coastal height setback.”

Last month, DPP Director David Tanoue, an attorney by training, announced that he had swallowed Sakumoto’s topsy-turvy logic whole. In the “findings of fact” that accompany his Dec. 1 approval of Kyo-ya’s variance, he dwells on the 1965 agreement, gives it a “closer look,” and notes how the shoreline indeed could have been 180 feet further seaward.

“The [tower] proposal, viewed in that context, is not excessive,” he wrote, declaring that measurements for the tower’s allowable setback should, indeed, be made from a mark 180 feet seaward of the existing shoreline. In a nutshell, the City and County of Honolulu’s chief planning officer, using that logic, agreed to let Kyo-ya impinge on the public beach, quadruple its small lot’s allowable building volume and double its height.

Community groups that had turned out to testify against the variance at a DPP hearing in September scrambled to unite and submit a single petition appealing Tanoue’s decision to the city’s five-member Zoning Board of Appeals (ZBA). The letter was sent Dec. 28 and time-stamped Jan. 3 by the ZBA, according to board secretary Jean Sumida.

As required, the petition counts the ways granting the variance will “adversely affect” them:

It will allow a building to encroach on the public beach, the petition claims, and will degrade “shoreline quality” and the “beach experience.” Encroachment inside the coastal setback zone will “set a dangerous precedent for other hotels to follow” and “the building will block sunlight and cast shadows, thus reducing morning use and enjoyment.” The variance undermines the petitioners’ “trust in the City’s ability to follow and enforce existing laws.” Granting the variance will cause erosion and increase public costs for continual beach replenishment and for armoring against sea-level rise.

The petitioners include Hawaii’s Thousand Friends, the Surfrider Foundation, the ‘Ka Iwi Coalition, KAHEA, and longtime Honolulu watchdog Michelle Matson, a member of the Kapahulu/St. Louis Heights Neighborhood Board. The coalition is struggling to raise money to fund legal help because it may have to take the matter to court should its appeal fail. As of press time, the coalition said it planned to represent itself before the ZBA.

The appeal will be considered at the next scheduled ZBA meeting on Feb. 10. If the appeal is accepted, a contested case hearing will be scheduled. Already,there’s talk that the board’s persuasive chairman, David Minkin, will have to recuse himself from the matter due to a conflict of interest: He works for McCorriston, Kyo-ya’s law firm. Additionally, two sitting board members’ terms have expired, but they will remain at their posts until Mayor Peter Carlisle re-appoints them or appoints replacements. The five-member board includes Minkin, the Vice Chairman and attorney Ronald Ogomori, engineer Herbert Chock, ILWU Oahu Director Dave Mori and small-business owner Susana Berardy.

Longtime Honolulu Weekly contributor Curt Sanburn is a volunteer adviser to the ‘Ka Iwi Coalition/Save Sandy Beach organization.


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This week

2013 Summer Books

On a breezy May evening, in the courtyard of the state library, local publishers, writers and book designers gathered to celebrate the 2013 Ka Palapala Pookela Awards, sponsored by the Hawaii Book Publishers Association. The place was packed, and I was struck by such a healthy showing for an industry whose demise has been predicted since before the advent of Amazon.

Unlikely Pairings

I was intrigued recently to channel surf upon a deft interview of Susanna Moore on PBS Hawaii. Moore is the nationally acclaimed author of nine books, perhaps best known for her luminous My Old Sweetheart and other Hawaii novels, as well as the rough-sex 2004 noir In the Cut.

A Long Lost Era

Kabuki Boy, a novel, reads almost like an autobiography filled with vivid details that transport us to 19th-century Japan during the “Tokugawa Era.” Fast-paced and humorous, it aptly dramatizes an ancient dramatic art. The hierarchy between the social classes of samurai, geisha, peasants and monks comes alive from the page, seen through the eyes of Myo, a young boy aspiring to become a kabuki actor.

Panek Point

Calling this big fat novel Hawaii was bound to raise eyebrows. Hey, come run to the schoolyard to watch Mark Panek throw down!

Inward Journey

Beautifully designed, with outstanding photography of India and Tibet by Linda Connor, the newest edition of Manoa is especially ambitious in its choice of subject/theme. It attempts to present diverse interpretations of the meanings and implications of the term “freedom,” doing so in the forms of fiction, essays, poetry, memoir and drama.

Gardens

This new book of poetry is easy to read, yet I had all kinds of strange dreams after reading it. The poems are short but poignant–a lot of thought and crafting went into every well-placed word.

Brotherly Tears

When the young narrator, Landon DeSilva, of Tyler Miranda’s novel Ewa Which Way, watches an episode of “Leave It To Beaver,” he sees a family whose idea of discipline is a father and son discussion without “head cracks” or “cuss words.” In the episode, Eddie Haskell and Wally Cleaver talk about the Beaver’s highjinks, and Landon’s friend says, “just like your brudda . .

Community

In a poetry class I teach at Windward Community College, a student recently did a presentation on coming-out poems and presented her own. One of her peers asked a thoughtful question: “If you are a gay, are you automatically part of the gay community?” It’s a question I’ve had about being Asian American–and a poet.

Cruelty

In Wing Tek Lum’s poem “The Red Circle,” a sergeant teaches his soldiers how to use a bayonet during Japan’s infamous occupation of Nanjing, China in 1937: “With a nub of red chalk / our sergeant marks off / a crude circle in the center / of the chest.” The men are instructed to stab everywhere, except the heart. A quick death would be too kind–too merciful.

Wit

“We are selves in a world because we have words,” writes the late poet Tony Quagliano in the preface of his book, Language Matters. In this masterful collection, every line absorbs the reader into the writer’s world, revealing his intimate thoughts on politics, writing, Hawaii and life.

The Romance of Sunset

A sort of team anthology, Sunset Inn: Tales from the North Shore is a collection of fiction, poetry and a play published by the Aloha Romance Writers, who admittedly chose–over margaritas and Mexican food–the conceit of a colonial-style seaside inn, described in Patrice Wilson’s poem “This Haven” as “white as salt” and “bleached coral in the sea,” as a central setting for their book. Like the landscape and the building, the collection holds stories of love found, lost and always remembered, some of which are based in Hawaii history and some from a contemporary eye, but all adhering to the familiar elements of the romance genre and the romantic.

Love Lore

In Huna Magic: The Hawaiian Odyssey, Dawn Star puts on a modern spin on Hawaiian mythology and folklore. Set in ancient Hawaii, the book starts off with the classic forbidden love story between a young woman, Kuulei ke Anuenue and a handsome man, Kai, who happens to be the chiefess’s love slave.

Reassembling

The reader weary of cutesy novels with multiple story lines that are obviously going to be inextricably tied together, somehow, might not want to venture too far into Darien Gee’s The Avalon Ladies Scrapbooking Society. But if it’s comfort food for the brain you’re after, you’d be missing out.

Green Noir

Set in Hawaii, Saving Paradise, Mike Bond’s sixth detective novel, tells a passable if unevenly written story featuring one Pono Hawkins, a Special Forces vet (Afghanistan), celebrated international surfer and correspondent for ocean magazines. He also insinuates himself into the woes of others, in this case a beautiful young thing whose lifeless body bumps into Hawkins as he goes surfing at dawn.

Decolonizing Our Future

Confucius said, “If your plan is for one year, plant rice; if your plan is for 10 years, plant trees; if your plan is for 100 years, educate children.” The philosopher’s sagacious message seems to align with the alternative approach to education seen in Hawaii’s charter school system. Noelani Goodyear-Kaopua’s The Seeds We Planted is an ethnography articulating the establishment, growth, and success of Halau Ku Mana, one of the few Hawaiian culture-based charter schools in Honolulu.

Navigating Selves

Leilani Holmes’s richly chronicled journey toward a reconnection with her Kanaka Maoli culture opens with the epigraph: “For those who came before us. In hopes that we act on behalf of your bones.” Ancestry of Experience is a thoroughly researched and deeply genealogical journey.

Think Pink

There’s something foreboding about the cover of Pink Globalization. It’s a dark, monochromatic picture of an enormous grey Hello Kitty gazing ominously into the night in front of a corporate-looking building. The picture is certainly intriguing and symbolic–Hello Kitty is taking over the world.

Hardships, Loneliness, Triumphs

A deeply researched and careful weaving of previously unheard voices can be found in Mai Lepera, adding another layer about leprosy patients exiled to settlements at Makanalua peninsula in the 19th century. Keri A.

Transcending Prejudice

If resiliency spoke of a group of people, the Japanese population of the then-Territory of Hawaii during World War II claims the description. With one specific attack on December 7, 1941, an island-wide prejudice against all immigrant Japanese was born, painting a picture of angry nationals who plotted Hawaii’s demise.

Mano

An ambitious, immensely rewarding product of nearly five decades’ research and teaching (beginning when the author was l3 years old), Patrick Vinton Kirch’s A Shark Going Inland is my Chief bids fair to be a definitive, almost exhaustive look at “the island civilization of ancient Hawaii.” Divided into three major parts, Shark starts with Cook’s arrival when Hawaii was four major kingdoms in the midst of creating stratified societies.Kirch deals with religion, evolving social structures and belief systems to make ancient Hawaii come alive. Especially noteworthy are beautiful descriptions of the making of canoes, particularly the vaka moana, capable of transporting families.

Charts for the Band

Music stores abound with compilations of “50 Favorite Songs” for everything from jazz to the Beatles to Bach. Now it’s time for the mid-20th century music of Hawaii.

Racism of Record

Compiled by Christopher LaVoie, Annexation! presents the imperialist agendas of the U.S.

Charting Our Ancestral Past

Hawaiki Rising by Sam Low tells the epic saga of voyaging on the Hokulea, which, as every Island schoolchild should know, is a traditionally constructed Hawaiian sailing vessel that is steered by observing natural elements, without instruments or maps. Low, a part-Hawaiian anthropologist who participated in three voyages, follows the Hokulea through conception, construction, and navigation.

From the Outside

The feeling of being an outsider in one’s beloved homeland is the theme underpinning Pamela Frierson’s fluid and honest nature writing. In her books, The Last Atoll: Exploring Hawaii’s Endangered Ecosystems and The Burning Island: Myth and History in Volcano Country, Hawaii, Frierson explores Hawaii’s unique ecosystems, while also searching for personal relevance where she grew up very aware of being merely a “second-generation colonist.” The shadows of a world unknown drive the writer, teacher and homesteader to attach to the landscape, pursuing a deeper understanding of Hawaii’s natural order, and, through those experiences, a sense of belonging.

Bearded beauties

Donald Hodel’s Loulu: The Hawaiian Palm is winner of this year’s Ka Palapala Award for Excellence in Natural Science. Loulu the Hawaiian Palm Donald R.

Missed Connections

Charlotte A. Tomaino, neuropsychologist and former nun, started with the intriguing concept of explaining how grace and spirituality can “awaken” the brain to a fuller potential through expanded consciousness.

The Naked Truth

Sharon Hicks’ How Do You Grab a Naked Lady recounts the relationship between Hicks, her mentally ill mother and idealist father. We meet Hicks at age 16 as she witnesses her mother parading around a mall in the buff, yelling and cursing–one of many manic episodes we’ll see during the book.

Last Train to Ho’opili?

One paradox of TheLast Train to Zona Verde, Paul Theroux’s 46th book and his latest about Africa, is that it’s also one of the best meditations on Hawaii you’ll ever read. But first, why Africa?

Every Reader for Himself

Confirming rumors, Barnes & Noble’s (B&N) Kahala Mall bookstore will close when its lease expires in January 2014. There are no current reports concerning B&N’s Ala Moana location, but it’s probably a matter of when, not if, management installs a T-shirt store.

Island Girl

Last weekend, Susanna Moore was in town to read from her new novel, The Life of Objects. A striking beauty–high cheekbones, fine features, long white hair with an inky streak that matches her brilliant black eyes–she wore a sleeveless blouse, full cotton skirt and rubber slippers.

A Traveling Light

We were out at Tongg’s surf break when the world’s best-traveled writer paddled past in a kayak. I said, “Paul Theroux?” Mindy nodded.

CIVIX

KAKAAKO MEETINGS The HCDA will host a series of meetings to discuss the Kakaako redevelopment plan and how rail will fit in with those plans. The meetings are open to the public.

Make Our Day

On May 13, Common Cause Hawaii assembled a panel, titled “The Good, the Bad and the Ugly,” to deconstruct lessons from the recently ended 2013 Legislative Session. Commentators included Rep.

Homeless Plan

Mayor Caldwell is winding down his public town-hall meetings campaign. The meetings are designed to update the public on the progress of the Mayor’s major first-year initiatives: repaving the roads, getting TheBus routes restored, making the city’s parks beautiful, fixing Honolulu’s sewer infrastructure, building rail better and, most recently, solving homelessness.

Pacific Pivot

During a 2011 speech to the Australian Parliament, President Obama declared: “The United States will play a larger and long term role in shaping [the Pacific] region and its future.” On May 10, the Center for Strategic and International Studies (CSIS) Pacific Forum hosted a panel discussion that sought to determine what a U.S. “pivot” toward the region would look like and what the reaction to increased U.S.

The homeless experience

I picked up your May 15 issue with great anticipation because on the cover was a photo of a person experiencing homelessness who I have had numerous interactions with (“Derelict Downtown,” May 15). He is someone I have always found to be articulate and friendly–an ideal person to talk to if one wishes to learn about experiencing homelessness.

Hawaiian rights

The puppetmasters controlling the creation of the Hawaiian Nation have manipulated Hawaiians who have signed up for any Hawaiian registry to become captive members of Kanaiolowalu, the Native Hawaiian Roll Commission. Those bills were heard this session and were passed by the Senate in the Tourism and Hawaiian Affairs Committee chaired by Brickwood Galuteria and the Judiciary and Labor Committe chaired by Clayton Hee, although the forced enrollment is unconstitutional.

Money over land

The Land Use Commission, the Honolulu Planning Commission, the Zoning Variance Commissions and all the other BS commissions are hijacked by big business (“Hoopili Miss,” May 15). Judge Rhonda Nishimura’s head is buried in the sand if she doesn’t recognize the votes were bought.

Cinema for all

I try to not miss a Redford film, and, of course, I can relate to events of the ’60s (“Last Round-Up,” May 8). It is disappointing that The Company You Keep is being shown only at Kahala Theatre.

Tea time

Aloha, I am Elyse. Please let me know if you have any questions, I would love to answer them (“Just Our Cup of Tea,” May 15).

Corrections

In last week’s “Derelict Downtown” (May 15), we mistakenly listed Kirk Caldwell’s campaign phone number. To contact the Mayor, please call 768-4141.