The bright yellow building can be seen from miles away, tucked along the foothills in Kunia.
It is built on land restricted to agribusiness activities.
But this isn’t a farm structure. It’s a Buddhist temple.
Though such a facility isn’t permitted under the agriculture zoning for that land, its operators didn’t hide the fact that they were running one.
A sign at the entrance to the controversial ag development called Kunia Loa Ridge Farmlands beckoned people in Vietnamese to the chua, or temple.
Additional signs along the unpaved roads that snake through the 854-acre development directed folks to the facility, which further stood out thanks to dozens of colorful Buddhist flags fluttering above the property, white Buddhist statues placed around the grounds and two elevated yellow and red banners that welcomed monks, nuns and other devotees to this place of prayer.
The temple has become not just a landmark at Kunia Loa. It has become a symbol of what critics say is the lax oversight of the project by government agencies, resulting in unregulated construction, unauthorized uses and the festering of an "anything goes" approach on land that is completely off the grid, unconnected to Oahu’s power, telephone, water and sewer lines.
Act 271, 2006 >> Exempts leased agriculture land from county subdivision requirements, such as sidewalks and street lights >> Prohibits construction of temporary or permanent dwellings >> Allows construction of storage sheds, equipment sheds or other structures “appropriate to the agricultural activity carried on within the lot”
Act 114, 2012 >> Exempts nonresidential buildings less than 1,000 square feet from county building permit requirements if constructed on commercial farms or ranches outside the urban district >> Requires written notification to county building permit agency and fire department within 30 days of completion of structure
Revised ordinances of Honolulu, Chapter 21, Article 3 >> Requires lots to be a minimum of 5 acres on land zoned Ag 1 >> Restricts use to agriculture activities, including those which perpetuate the retention of the land “in the production of food, feed, forage, fiber crops and horticultural plants”
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Changes in state law — many ag structures under 1,000 square feet are now exempt from building permit requirements — and the unusual legal structure of Kunia Loa, a condominium property regime overseen by a nonprofit whose members have 99-year leases to specific lots, also have muddied the jurisdiction picture. That has further eroded oversight and created a patchwork of holes in the regulatory apparatus even as more buildings go up throughout the area.
Lots smaller than 5 acres, for instance, would normally be prohibited on land with "Ag 1" zoning, which is what Kunia Loa has. But many such lots — some as small as 1 acre — can be found there, and some have house-like structures on them, even though residential use is prohibited.
The city’s Department of Planning and Permitting, which normally would enforce the lot size restrictions, says it has no say on that issue in Kunia Loa.
The agency considers the entire 854-acre development one lot, and how the landowner divides that parcel is not under the city’s jurisdiction, according to George Atta, the department director.
The reason, he added, is that the project was approved by the state as a condo property regime and did not go through the more costly county subdivision process, which would have made the development subject to strict requirements regarding roadways, lot sizes, infrastructure and other improvements.
As it stands now, however, hardly any monitoring is done, critics say.
"It’s like the wild, wild West out there," Hawaiian practitioner Mike Lee told the Oahu Island Burial Council last week, one of several people to express concerns to the panel about the Kunia Loa development. "And none of the (regulators) of the state or city are taking responsibility."
The proliferation of unregulated activities, particularly in a region with many historic sites, has sparked concern among environmentalists, planners, ag advocates, Native Hawaiians and others.
They say the city, which has the most prominent oversight role, is still struggling to deal with Kunia Loa.
"I think it’s past worrisome," said Earl Yamamoto, state planner for the Department of Agriculture. "That entire environment from the get-go has not been quite right."
The city disputes the notion that its oversight is lax, saying it has done its best to enforce building and zoning codes despite all the challenges, is doing a much better job now and is working on other ways to enforce regulations.
"We disagree with your conclusion that there is a lack of oversight on the part of the city," Atta said in written responses to the Honolulu Star-Advertiser.
Yet most of the roughly two dozen Kunia Loa citations the city has issued over the past year were the result of investigations triggered by Star-Advertiser inquiries.
The temple is the latest example.
The newspaper asked the city more than a week ago how such a facility could operate on ag land.
The Star-Advertiser raised a similar question last April, and the city subsequently sent an inspector to the property. At the time, the inspector saw a large statue in the structure, but because no worship services were observed and the lessee indicated the building was being used for ag purposes, no citation was issued alleging an illegal use.
The lessee, however, was cited for building a two-story structure that did not follow the permit plans. A lower level that was supposed to be open had been enclosed instead. The lessee eventually paid a $50 fine.
But even at the time of the initial inspection, indications that the operator intended to use the building as a temple were evident — and should have kept the matter on the city’s radar, critics say.
A large sign, "Chua Thanh Nguyen," hung prominently from the building. At least a half dozen large Buddhist statues were placed around the property.
And a Vietnamese video that aired on ‘Olelo TV, was partly filmed at Kunia Loa and was accessible online provided another clue. Its title: "Temple Thanh Nguyen Kunia," according to ‘Olelo’s website.
Based on the newspaper’s latest inquiry, two city inspectors went to the temple property last week.
The city subsequently sent a violation notice to Kunia Loa Ridge Farmlands, the nonprofit landowner for the entire development, and Rosalie Le, the lessee for the temple lot. According to the notice, groups of 10 to 12 people go there weekly to worship and pray.
But a meeting facility and temple are not allowed uses, according to the citation, and the city ordered temple operations to stop. Atta said the city is continuing to investigate whether there are any building code violations.
The Star-Advertiser could not reach Le for comment.
In his written responses, Atta acknowledged that the city is concerned about what’s happening overall at Kunia Loa, suspects that some structures are not being used for agriculture purposes and is continuing to investigate and inspect buildings there, concentrating on the larger ones first.
"We will go after anyone who has a structure that is being used illegally," he said, adding that the department knows that many honest people are doing legitimate farming in Kunia Loa.
Regarding the overall concerns, Atta said the problem exists at multiple levels, and the city does not control some important ones.
He listed three in particular: state condo laws that bypass subdivision rules; grading exemptions linked to soil and water conservation plans; and the state law that exempts many agriculture-related structures and activities from permitting requirements.
The city strongly opposed the last law when it was proposed and passed by the Legislature in 2012.
The sheer size of Kunia Loa and the lack of identifying features for the lots also make issuing citations more difficult, Atta said. The development has no street names or addresses.
Internally, Kunia Loa is now overseen by an association board of directors made up of lessees. The board took office in July.
"We inherited all this," said Kevin Archibald, association president.
The developer, C&C Farmlands, previously oversaw the project, including steering it to launch. Its representatives did not respond to requests for comment.
One of the chief controversies surrounding Kunia Loa centers on residential use, particularly as more houselike structures are built.
State law and the association rules prohibit residences within Kunia Loa.
While the city has yet to issue any citations for illegal dwellings and the developer has said it was not aware of anyone living there, more people, including two lessees who say they live there, have told the Star-Advertiser that the problem persists.
One woman who has been involved with the project since the start said at least 22 families have taken up residence there. She asked that her name not be used because of safety concerns.
Pepe Paguirigan, who bought into the development in 2010, said he knows of at least several structures that are being used as full-time residences.
Willem Blees, a piano tuner, told the newspaper that he sold a piano to one family in September.
The husband, wife and their two kids were in a furnished dwelling that Blees estimated was about 1,500 square feet. It had a portable toilet inside, according to Blees.
He said he saw about a dozen containers the size of 55-gallon drums that were connected by pipes to the house and supplied the family’s water supply. The homeowner told Blees that he runs a power generator two hours a day.
Curtis Crabbe, a contractor, also is convinced people are living at Kunia Loa
During several visits in 2013 to consider acquiring a lot there, Crabbe said each time he saw signs — such as underwear and sheets hanging from a balcony — that people were living in four or five structures that were along the route he took.
One house had what appeared to be a septic system, according to Crabbe, who has installed dozens of septic tanks as a contractor.
Asked whether he believed people were living there, Crabbe said, "No doubt."
Atta, however, said the city needs proof — a preponderance of evidence — before it can issue citations for illegal dwellings.
"Clotheslines, portable toilets and generators can all be part of an agricultural operation," he wrote.
At the state level, two key oversight documents detailing protection measures for dozens of significant archaeological sites within Kunia Loa still have not been delivered.
Burial council members were told the State Historic Preservation Division was awaiting drafts of the preservation and burial treatment plans from the developer.
In some development projects, such documents are completed even before construction starts. At Kunia Loa, construction began more than four years ago.