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HomeMy WebLinkAboutCOM 0467.000 2014-2016 •MSY OF.. ' L,', Walter K.M.Lau " ,s Managing Director„,..5� , William P.Kenoi +: /N. •- Mayor ” 'T _, Randall M.Kurohara ° �` -, r Deputy Managing Director IZ.Z, County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 o September 9, 2015 ©n cr - Dru Kanuha, Council Chair == and Members of the County Council County of Hawai`i cz# 3`> 25 Aupuni Street ''O —Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 05-74 (REZ 04-022) Applicant: Kukui Development, LLC Request: Five-Year Time Extension to Condition C (Complete Construction) Tax Map Key: 7-5-009:067 Change of Zone Application (REZ 15-188) Applicant: Jean A. Lorant Trust Request: A-20a to A-7a Tax Map Key: 7-3-026:003 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, tit WILLIAM P. KENOI Mayor MTransCouncilLKukuiREZ04-022 LorantREZ 15-188 Enclosures cc: Planning Department U/_r,� Comm. No. _/ W7 48; \1 -11 Ref. To: P C, County of Hawaii is an Equal Opportunity Provider and Employer. kP. . Dote SEP 1 1 2015 .•��Y OF�'' County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 SEP 9 2015 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 05-74 (REZ 04-000022) Applicant: Kukui Development, LLC Request: Five-Year Time Extension to Condition C (Complete Construction) Tax Map Key: 7-5-009:067 The Leeward Planning Commission, at its duly held public hearing on August 20, 2015, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 05-74. The property is located along the south side of Hualalai Road, approximately 1,100 feet mauka from the Hualalai Road-Kuakini Highway intersection, Hienaloli 6th and `Auhaukea`e 1st,North Kona, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is currently requesting a five(5)-year time extension to comply with Condition C (time to complete construction) of Ordinance No. 05-74. The amendment request is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. The applicant purchased the subject property in August, 2013, and have been working to complete the processing and build- Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 out of this project since that time. The damage done to the housing industry by the financial market collapse has created unforeseen difficulties completing the project within the required timeframe. Moreover, the applicant's construction financing is contingent upon receiving a 5-year time extension to complete construction. These unforeseen issues have caused delays that have prevented the applicant from finishing the project by the deadline for compliance with Condition C. Based on the reasons provided, it is determined that the applicant could not have foreseen the poor economy and financing difficulties, which were beyond their control, and was not the result of their fault or negligence. Approval of this time extension request would not be contrary to the General Plan, the Zoning Code, or the original reasons for the granting of the Change of Zone. There have not been any significant changes to the General Plan for this area since this request was originally approved that would affect this project. The request continues to be consistent with the General Plan Land Use Pattern Allocation Guide(LUPAG) Map, which designate this area as Medium Density Urban. These areas allow for village and neighborhood commercial uses up to three(3) stories and residential and related functions not to exceed a density of 35 units per acre. Additionally, the use continues to be consistent with the Housing and Land Use elements of the General Plan. The property lies within the Kona Urban Area and the Kailua Village Redevelopment Regional Center TOD in the Kona Community Development Plan, which was adopted after the effective date of Ordinance No. 05-74. The Kona CDP directs most future growth within the Kona Urban Area and encourages growth towards Transit- Oriented Development(TOD) areas. In addition, several Kona CDP objectives,policies and actions support the creation of affordable housing, which is required under Condition O of this ordinance. The requested Multiple-Family Residential zoning would continue to be consistent and compatible with this particular section of the Kailua-Kona area which consists mainly of residential subdivisions and multi-family residential developments. To the east is a property zoned RS-10 and further east is the Aloha Kona Subdivision made Dru Kanuha, Council Chair and Members of the County Council Page 3 up of residential lots zoned A-5a(non-conforming). To the southeast is The Pines residential complex, which is zoned RM-4. To the south are properties zoned A-la and further south are properties zoned RM-2 and RM-4. To the west are properties zoned V- 1.25 and V-.75. To the north are properties zoned CV-7.5. The request is not contrary to Zoning Code and is not contrary to the original reasons for granting the change of zone. The property is located within an area served with essential services and facilities such as water, and other utilities. Conditions of Ordinance No. 05-74 requires the applicant to provide extensive roadway and right-of- way improvements to Hualalai Road and extension and connection to the County's sewer system. Based on the above discussion, the granting of the amendment request continues to be consistent with, and not contrary to, the General Plan, Kona CDP, Zoning Code, and the original reasons for granting the change of zone. Based on the above findings, it is recommended that a favorable recommendation of the applicant's request to amend Change of Zone Ordinance 05-74,be forwarded to the Hawaii County Council. Although the applicant has submitted a request for a 5-year time extension, the project is large in scale and consists of two phases. As an alternative, the Planning Department is recommending a time extension of ten(10) years to complete construction for the two-phased project, which would be more appropriate give the size of the project and related infrastructure improvements. For your favorable consideration, an amendment to the Ordinance No. 05-74 is herewith transmitted. Dru Kanuha, Council Chair and Members of the County Council Page 4 We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a transcript of the hearing for your information. Sincerely, Brandi K. Beaudet, Chairman Leeward Planning Commission LKukuiDevelopmentREZ04-0221pc2 Enclosures cc: Kukui Development, LLC Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD DOT-Highways, Honolulu William Brilhante, Esq., Corporation Counsel Planning Department- Kona BKukuiDevAmendREZ0574.crk-7-29-15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KUKUI DEVELOPMENT, LLC CHANGE OF ZONE ORDINANCE NO. 05-74 (REZ NO. 2004-000022) AMENDMENT TO CONDITION C (COMPLETE CONSTRUCTION) KUKUI DEVELOPMENT, LLC. (formerly Kona Hale Alii, LLC)has submitted a request for a 5-year time extension to comply with Condition C (complete construction of 92-unit Hale Nanea Condominium) of Ordinance No. 05-74, which rezoned approximately 6.27 acres of land from an a Resort-Hotel-1,250 square foot per unit(V-1.25) and an Agricultural-1 acre (A-la) zoning districts to a Multiple Family Residential-2,500 square foot per unit(RM-2.5) zoning district. The property is located along the south side of Hualalai Road, approximately 1,100 feet mauka from the Hualalai Road-Kuakini Highway intersection, Hienaloli 6th and Auhaukeae 1st, North Kona, Hawaii, TMK: 7-5-009:067. APPLICANT'S REQUEST 1. Request: The applicant, Kukui Development, LLC, is requesting a five (5)-year time extension to comply with Condition C (complete construction) of Ordinance No. 05-74, which rezoned approximately 6.27 acres of land from a Resort-Hotel 1,250-square foot (V-1.25) and an Agricultural 1-acre (A-la) district to a Multiple Family Residential— 2,500-square foot (RM-2.5) district to allow the construction of the ninety-two (92)unit Hale Nanea condominium development. (Planning Department Exhibit 1 — Amendment Application dated May 8, 2015) 2. Reason for the Request According to the applicant, Kukui Development, LLC became the owners of the subject property in 2013, and have been working to complete the processing and build-out of this project since that time. The damage done to the housing industry by the financial market collapse has created unforeseen difficulties completing the project within the required timeframe. Moreover, the applicant's construction financing is contingent upon receiving a 5-year time extension to complete construction. Re: Bill 91 (Comm. 467) -1- BACKGROUND INFORMATION 3. May 18,2005: Effective date of Ordinance No. 05-74, which amended the zoning district classification from Agricultural (A-1a) and Resort—Hotel (V-1.25) to Multiple- Family Residential (RM-2.5). The original applicant was Kona Hale Ali`i, LLC. (refer to exhibit in amendment application). 4. June 29, 2005: Approval date of the consolidation and resubdivision of TMKs 7-5-009:067 and 7-5-009:054 to create the subject, 6.27-acre parcel. 5. March 13,2006: Issuance date of Final Plan Approval for a 92-Unit, multi-family condominium complex. 6. August 20,2013: Kukui Development, LLC acquires subject property. 7. October 15, 2013: Administrative extension of time granted to May 18. 2015 to comply with Condition C of Ordinance No. 05-74. 8. November 12, 2013: Re-issuance of Final Plan Approval for a 92-unit residential apartment complex. 9. August 20, 2014: Issuance of NPDES permit from the State Department of Health and grading permit from the Department of Public Works-Engineering Division 10. November 24, 2014: Issuance of building permits for 44 Condominium Units(see exhibits in application). 11. Condition Status Report: The applicant has submitted an updated status report for the conditions of Ordinance No. 05-74. (Planning Department Exhibit 2—Condition Status Report dated July 17, 2015 with Exhibits) DESCRIPTION OF STATE AND COUNTY PLANS 12. State Land Use: Urban. 13. County Zoning: Multiple Family Residential—2,500-square foot(RM-2.5). 14. GP LUPAG Map: Medium Density Urban. 15. Kona Community Development Plan: The subject parcel falls within the Kona CDP Urban Area and within the Kailua Village Redevelopment Regional Center TOD area. 16. Kailua Village Special District: The subject property is situated within the Kailua Village Special District and requires a review before the Kailua Village Design Commission (KVDC). On July 23, 2013, the KVDC voted to recommend the Planning -2- Director's approval of the proposed project with several additional improvements and qualifications. (Planning Department Exhibit 3—KVDC Letter Dated July 26,2013) 17. Special Management Area: The property is not situated within the Special Management Area and is approximately 940 feet from the nearest shoreline. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 18. Project Site and Property: The property is approximately 6.27 acres in size and is currently vacant of structures and uses. It is situated on the south side of the Hualalai Road approximately 1,000 feet mauka(east) of the intersection of Hualalai Road and Kuakini Highway. 19. Surrounding Zoning/Land Uses: The properties are surrounded by lands designated as Urban by the State Land Use Commission. To the east is a property zoned RS-10 and further east is the Aloha Kona Subdivision made up of residential lots zoned A-5a(non- conforming). To the southeast is The Pines residential complex, which is zoned RM-4. To the south are properties zoned A-1 a and further south are properties zoned RM-2 and RM-4. To the west are properties zoned V-1.25 and V-.75. To the north are properties zoned CV-7.5. 20. FIRM: According to the Flood Insurance Rate Map prepared by the U.S. Army Corps of Engineers, the project site is located within Zone X, an area outside the 500-year flood plain. 21. Flora/Fauna Resources: A formal flora or fauna survey of the property was not conducted by the applicant. The original applicant submitted information based on a visual inspection of the site and the archaeologist's report of this area, that the vegetation consisted predominately of exotic grasses and moderately dense trees, including elephant grass, fountain grass, sour grass,kiawe trees and koa-haole trees. The archaeological report also noted the presence of ilima,bitter yam, lilikoi, day flower,plumeria,hibiscus, waiwi, and an autograph tree. The applicant also noted that based on much of the surrounding areas being developed with structures, it does not appear likely that one would find rare or endangered animal life on the site. 22. Archaeological Resources: An archaeological reconnaissance survey of the project site was conducted by Paul Rosendahl, Ph.D, Inc, in April of 1979. The survey identified the -3- Kuakini Wall (Site 6302) and a large multi-functional complex (Site 5608) on parcels 54 and 55. The multi-functional complex consisted of seventy-five(75) features, and possible three(3) heiau located on the makai portion of parcel 54, which is outside of the boundaries of the proposed development area. Rechtman Consulting, LLC was retained by the applicant to revisit and/or update the archaeological finds within the portion of parcel 54 which was part of the project site prior to consolidation/resubdivision in 2005. The Rechtman survey confirmed and identified Site 6302 (Kuakini Wall) and fourteen (14) features within Site 5608 (multi-functional complex). The Kuakini Wall, which forms the eastern boundary of the subject site, will be preserved subject to an approved Preservation Plan. The burial (Feature U)will be preserved as is, subsequent to the preparation and acceptance of a Burial Treatment Plan. Data recovery will be done for the habitation/activity area(Feature T). The balance of the sites were deemed to be"No Further Work"required. An archaeological inventory survey was also conducted for TMK: 7-5-9:48, which was later subdivided into 2 parcels, one of which is parcel 67 and part of this application. This survey identified thirteen (13) sites covering all of parcels 48 and 67. Of these sites, two (2) were determined to be "no longer significant,"ten(10) were determined significant for their information content, and one (1), the Kuakini Wall, for preservation. 23. Cultural Resources: Rechtman notes in the archaeological inventory study that this area is part of the kula zone. This area generally stretches from the shoreline to inland, about the 150-meter elevation level. It is traditionally associated with habitation and the cultivation of sweet potatoes,paper mulberry, and gourds. As such, agricultural features are common throughout this zone. In the 1900's, walls were added to the kula zone"as cattle pastures expanded into the lower elevations during this period." Aside from cattle use, it is not known whether the subject or immediate surrounding areas were used in the recent past for the gathering of plants by native Hawaiians. There is a burial and, as such, access to descendants will be allowed to this site. PUBLIC UTILITIES AND SERVICES 24. Access: Primary access to the project area is provided by Hualalai Road, a County- maintained roadway with a pavement width of 20-22 feet, in poor condition,with no -4- shoulders, within an approximately 50-foot wide right-of-way. The General Plan identifies Hualalai Road as a collector street that normally requires a minimum right-of- way width of at least 60 feet. Project concept plans submitted by the applicant currently reflect two access points along Hualalai Road. The Depaitment of Public Works originally commented that Hualalai Road should be improved to a 60-foot right-of-way. Conditions suggested by DPW include realignment and full improvements to the entire frontage along Hualalai Road including right-of-way and pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities. They also suggest limiting access from Hualalai Road to one approach with a possible additional access that shall be barricaded and used for emergency purposes only. 25. Water: The site is serviced by the County water system. According to the Depailiuent of Water Supply, they have no objections to the time extension request as there is water allocated to the property. 26. Wastewater: The Department of Environmental Management-Wastewater Division commented the applicant conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate. In an email from Dora Beck with DEM, she confirmed that the applicant has satisfied the requirements per the Wastewater Division comments but noted that an updated sewer study would be required if the wastewater flow contribution has changed from what was shown in the August 2014 report. 27. Solid Waste: The nearest landfill is the West Hawai`i Landfill at Pu'uanahulu, which was designed to serve as the regional solid waste disposal facility. 28. Utilities: Telephone and electrical services are already available to the site 29. Protective Services: All protective services are available within 5 miles of the property in Kailua-Kona. AGENCIES' COMMENTS 30. Department of Public Works—Building Division: (Planning Department Exhibit 4—June 9, 2015 Memo) -5- 31. Department of Water Supply: (Planning Department Exhibit 5—July 10, 2015 Memo) 32. Department of Environmental Management-Wastewater Division: (Planning Department Exhibit 6—June 5, 2015 Memo) 33. Department of Land and Natural Resources—Engineering Division: (Planning Department Exhibit 7—May 28, 2015 Memo) AGENCIES -NO COMMENTS OR CONCERNS 34. Department of Public Works-Engineering Division, Police Department, Department of Land and Natural Resources Land Division and Historic Preservation Division, Department of Health,Department of Transportation. AGENCIES -NO RESPONSE 35. Kona Traffic Safety,Land Use Commission, Office of Planning, Real Property Tax Division, Kailua Village Design Commission PUBLIC COMMENTS 36. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -6- KUKUI DEVELOPMENT, LLC 2549-B Eastbluff Drive,Suite 475 " Newport Beach,CA 92660 949-933-2411 May 8,2015 via Federal Express Priority Overnight #7735-6451-2143 Attn: Mr.Duane Kanuha,Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 - Hilo,HI 96720 Dear Mr.Kanuha, - Change of Zone Ordinance No. 05-74(REZ 04-000022) `V Applicant: Kukui Development,LLC Project: Hale Nanea Condominiums Request: A-la and V-1.25 to RM 2.5(Time Extension Request for Condition C•--Complete Construction) Subject: Planning Commission Hearing TMK: 7-5-009:067&7-5-009:054 As of August 20, 2013 Kukui Development, LLC, became the new legal owners of TMK: 7-5-009:067 and 7-5-009-054 located on Hualalai Road and Kuakini Highway,Kailua-Kona,HI a tentatively approved residential condominium subdivision. Per your prior directions we met with Mr.Terry Dunlap regarding the Kona CDP Design Center review on this matter and are hereby submitting the attached package for a Planning Commission hearing requesting approval of an additional time extension to comply with Condition C(complete construction)of Change of Zone Ordinance No. 05-74(copy attached). Since August 2013 we have been diligently completing the processing for the build-out of this 92 unit residential condominium subdivision, more commonly known as Hale Nanea Condominiums (site plan attached). As a result of the damage done to the housing industry by the financial market collapse of recent years, our efforts have been met with unforeseen head winds and challenging hurdles which have led to unprecedented delays. Along with our NPDES Permit and Grading Permit, on November 24,2014 we received the final approvals to pull building permits on the first forty-four (44) condominiums (see copies attached). Securing a bank and/or construction lender to start the project has proven to be the most challenging with what is left of the financial•lending marketplace. With the project now permit ready which was a lender commitment condition, our construction lender is requesting and mandating us to receive the Condition C five (5) year time extension from the County of Hawaii Planning Commission before they will fund the construction loan. We are hereby requesting an additional 5 year time extension for the performance of the conditions of Ordinance No. 05-74 since the non-performance is the result of conditions that could not have been foreseen and were beyond our control and are not the result of any fault or negligence by us. Granting of an additional extension of time is not contrary to the General Plan or Zoning Code and is not contrary to Planning Dept, Exhibit _�_ the original reasons for the granting of the change of zone. An additional time extension of 5 years does not exceed the period originally granted for performance. The property lies within the Kailua Village Redevelopment Regional Center TOD within the Kona Community Development Plan (CDP) (see attached map). The Project is consistent with the goals, objectives, and policies of the County General Plan and the Kona CDP of concentrating growth within urban villages with densities that support public transit. The approved infill Project incorporates minimum levels of affordable housing, provides open spaces within the TOD and preserves open spaces in perpetuity protecting significant natural and cultural resources. The approval of an additional time extension will allow for this infill project to be completed making new and affordable housing available in this redevelopment area that is the cultural,retail and visitor core of the Kona District. If you have any questions or if further information is required please feel free to contact me at 949-933- 2411 or email me at gb • devcollc.com. All time and effort spent on our behalf is greatly appreciated. Be• Re J/,r; ,11 ilk 11111 ,Ca.. -14 gt. eorge Baker . ager Kukui Development, LLC cc: Steve Lim,Esq./Carlsmith Ball LLP Terry Dunlap,Planner/County of Hawaii Enclosures: Ordinance 05-74/Site Plan/Permits/TOD Architectural drawings under separate cover do Christian Kay/Planner .,... c 0 py COUNTY OF HAWAII STATE OF HAWAII • BILL NO. 367 (Draft 5) ORDINANCE NO. 05 74 AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL(A-la)AND RESORT-HOTEL(V-1.25)TO MULTIPLE FAMILY RESIDENTIAL(RM-2.5) AT AUHAUKEAE 1ST,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-9:67 AND PORTION OF 54. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following areas situated at Auhaukeae 1st,North Kona, Hawai`i shall be Multiple Family Residential (RM-2.5): PARCEL A: • Beginning at the northeast corner of this parcel of land,being also the southeast corner of Lot B and in the middle of the Great Wall of Kuakini, the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAHELO",being 5,800.51 feet North and 298.26 feet West, thence running by azimuths measured clockwise from true South: Along the remainder of R.P. 7580, L.C.Aw. 11,216, Ap. 37 to M. Kekauonohi and along the middle of the Great Wall of Kuakini for the next eight(8)courses, the direct azimuths and distances being: 1. 342° 04' 35" 68.96 feet; 2. 3520 45' 34.35 feet; 3. 344° 54' 21.23 feet; 4. 350° 34' 20.64 feet; 5. 344° 15' 31.24 feet; -1- c 0 D 6. 347° 59' 81.25 feet; 7. 355° 56' 32.99 feet; 8. 352° 13' 44.81 feet; 9. 82° 07' 30" 491.00 feet along Lot 3-A,Land Grant Application 1874 (Map 5); 10. 168° 35' 180.00 feet along the remainder of R.P. 7580, L.C. Aw. 11,216, Ap. 37 to M. Kekauohoni (remainder of Lot 1); 11. 87° 59' 47.40 feet along same; 12. 164° 20' 138.25 feet along same; 13. 260° 50' 40" 545.38 feet along Grant 12,013 to William J. Hooper, Jr. (Lot B) to the point of beginning and containing an area of 169,792 Square Feet. PARCEL B: Beginning at the southeast corner of this parcel of land, being also the northeast corner of Lot 1 and in the middle of the Great Wall of Kuakini,the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAHELO", being 5,800.51 feet North and 298.26 feet West, thence running by azimuths measured clockwise from true South: 1. 80° 50' 40" 612.61 feet along R. P. 7580, L.C. Aw. 11,216,Ap. 37 to M. Kekauonohi(Lot 1); 2. 159° 09' 43" 252.72 feet along the remainder of Grant 12,013 to William J. Hooper, Jr. (Lot A); 3. 249° 09' 40" 50.24 feet along L. C. Aw. 8524-B, Part 3 to Peke (Lot 4); 4. 314° 31' 40" 46.00 feet along Hualalai Road; 5. 303° 01' 40" 50.00 feet along same; 6. 282° 31' 40" 50.00 feet along same; 7. 270° 01' 40" 200.00 feet along same; 8. 252° 02' 40" 270.25 feet along same; 9. 339° 39' 40" 149.55 feet along Grant 1752 to Kawelo and along the middle of the Great Wall of Kuakini; -2- copy 10. 332° 34' 40" 32.92 feet along same to the point of beginning and containing an area of 103,751 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare;or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use,or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant,successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy"within ninety(90) days from the effective date of this ordinance. C. Construction of the proposed development shall be completed within five(5)years from the effective date this ordinance. Prior to construction,the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code),Hawaii County Code. Plans shall identify all existing and/or proposed structures,paved driveway access and parking s stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. The applicant shall realign and provide full improvements to the entire frontage along Hualalai Road consisting of, but not limited to, right-of-way and pavement widening with -3- concrete curb, gutter and sidewalk,drainage improvements,and any relocation of utilities meeting with the approval of the Department of Public Works. Pavement transitions, streetlights, signs and markings, drainage improvements, and relocation of utilities may be required. The applicant shall construct and dedicate to the County upon request, the widened street with improvements, at no cost to the County. An approach for the commercial zoned property fronting the opposite side of Hualalai Road (TMK: 7-5-10:13) is required under Ordinance 95 118, to include turning lanes on Hualalai Road. The widened area to be dedicated to the County shall, if required by DPW, allow for realignment and improvements required by Ordinance 95 118 or successor ordinances. The required widening area shall not exceed the equivalent of a five foot width along the entire frontage, which is approximately one-half the difference between the existing right-of way width and 60 feet. • E. As represented by the applicant, a non-gated access to Hualalai Road shall be limited to one approach and may include an additional access which shall be barricaded and used for emergency purposes only. The approaches shall conform to Chapter 22, Streets and Sidewalks,of the Hawai`i County Code. A licensed civil engineer shall evaluate the proposed active approach to the subject property for safe ingress and egress, sight distance and conflicts with the proposed turn lane and entry in TMK: 7-5-10:13. The evaluation shall be submitted for approval by the DPW prior to plan approval. If recommended,the applicant shall provide a left storage Iane on Hualalai Road to the subject property prior to the issuance of a certificate of occupancy. All sight distances to the approach shall meet with the requirements of the Hawai`i Statewide Uniform Design Manual or AASHTO. F. Any emergency vehicular security gate shall be located in a location approved by the Department of Public Works. G. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to issuance of any construction permit. Recommended drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy. -4- . i 1 • u H. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. The applicant shall connect to the County sewer system according to the requirements of the Department of Environmental Management. J. An Archaeological Preservation and Burial Treatment Plan shall be submitted for the review and approval of the Planning Director, in consultation with the Department of Land and Natural Resources—State Historic Preservation Division(DLNR-SHPD). The Preservation Plan shall incorporate appropriate mitigation measures resulting from the impact of any fence and/or wall constructed along the boundaries of the subject site subject to the archaeological and cultural features of the adjoining properties identified by TMK: 7-5-9:55 and portion of 54. Proposed mitigation treatment for the burial sites within the subject property shall be approved by the SHPD's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Preservation and Burial Treatment Plan shall be submitted to the Planning Director for its files prior to submitting plans for Final Plan Approval review or prior to the issuance of any land alteration permits,whichever occurs first. Appropriate interim preservation buffers and measures acceptable to the Planning Director shall be installed between any historic sites in the zoned areas before any land disturbance occurs on the property. A separate Preservation Plan for that portion of TMK: 7-5-9:54 that is zoned A-la shall be submitted to SHPD prior to any mechanical disturbance or issuance of any land disturbance permit of that area. K. Prior to submittal of plans for a building permit or within 6 months of the effective date of this ordinance,whichever is sooner,the applicant or its successors and assigns,shall submit a proposed covenant to be recorded with the State of Hawai`i Bureau of Conveyances to the Planning Director for review and approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. Said restrictive covenant,recorded against TMK: 7-5-09: 54 that is zoned A-la, shall acknowledge that the applicant or its successors or assigns has consented to a County- initiated rezoning of the A-1 a zoned area into the Open district and the prohibition of any development or improvement of that area in such a way as to interfere with or negatively affect the archaeological and historic features of such area, as determined by the State • -5- Historic Preservation Office. Furthermore,no mechanical disturbance or land disturbance permit for the parcel shall occur or be issued until the covenant has been duly recorded. L. The applicant shall identify an entity that would be responsible for the management and care of the archaeological/cultural features on that portion of TMK: 7-5-09:54 that is not covered by this ordinance. Prior to its designation, the applicant shall solicit the input of the native Hawaiian community and the County Council. Within 60 days of the identification of this entity,this area,with the concurrence of the County Council, shall be conveyed via lease or fee to the identified entity for$1.00. M. The applicant shall prepare and submit a landscaping plan for the subject site in conjunction with the Plan Approval process. Said plan shall reflect, where feasible,the use of native and water-conserving plants to comply with the guidelines outlined in Planning Department Rule No. 17 relating to landscaping. N. Should any remains of historic sites, such as rock walls,terraces, platforms, marine shell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources—State Historic Preservation Division (DLNR-SHPD)shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. • O. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall apply to, as represented by the applicant, 40% of all residential units in excess of the entitled eighty(80) units on TMK: 7-5-9:67. P. The project shall be developed in a minimum of two phases. The first phase shall consist of no more than forty-five(45) units, which shall include all of the required affordable housing units approved in accordance with Condition 0 above. Final occupancy permit for the first phase shall be issued no earlier than June 30,2006,which is the scheduled completion of the -6- c.)) T.( on-going Kuakini Highway improvements. Occupancy permit for the remaining units shall be issued only upon completion of the aforementioned Highway improvements. Q. As represented by the applicant,the applicant shall include appropriate restrictive covenants in the deeds of all proposed units within the subject property so as to minimize enforcement by public agencies of any violation of any applicable State and County ordinances or rules and regulations relating to land use and noise. R. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. S. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject project with respect to parks and recreation, fire, police and solid waste disposal facilities and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of additional multiple family residential units proposed to be developed by the amounts allocated herein below for each such unit, and shall become,with the exception of the parks and recreation fees, due and payable prior to the issuance of the Certificate of Occupancy for any unit on the subject property. The parks and recreation fees shall be due and payable prior to the issuance of a building permit. The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies,shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $6,206.06 per multiple-family residential unit. Based upon the applicant's representation of intent to develop a total of twelve(12)additional multiple-family residential units,the indicated total of fair share contribution is$74,472.72 for the additional multiple-family residential units. However,the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: 1. $3,061.27 per multiple family residential unit for an indicated total of$36,735.24 to the County or, if the County Council so agrees,directly to the entity so designated under Condition L to further the objectives of Condition L and to support park, cultural, and recreational improvements and facilities; -7- 1_:))COJY 2. $96.75 per multiple family residential for an indicated total of$1,161.00 to the County to support police facilities; 3. $297.62 per multiple family residential unit for an indicated total of$3,571.44 to the County to support fire facilities; 4. $132.65 per multiple family residential unit for an indicated total of$1,591.80 to the County to support solid waste facilities; 5. $2,617.77 per multiple family residential unit for an indicated total of$31,413.24 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index(HCPI). In lieu of paying the fair share contribution,the applicant may construct such facilities related to park, fire,police and solid waste disposal facilities subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the Hawai`i County Council. T. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. U. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant,successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. -8- COP' y 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). V. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: r. • 't fa !( COUNCIL MEMBER,co • - WAlki INTRODUCED BY: COUNC /3y v,� _BER, COUNTY 0J• WAI`I Hilo ,Hawai`i Date of Introduction: April 20, 2005 Date of 1st Reading: April 20, 2005 Date of 2nd Reading: May 4, 2005 Effective Date: May 18, 2005 iu:!-Eriz:.Nat cci:,ia, 100.4 _ k.........d) r if • A-Si 02, 4i A airV, g , CN=TO O A-Se O�r��r CN-20 .\ f ,fir �� .= RAH �' / b t ae Pi. PARCEL"g.� ass 3 • .8��r Hua�a�a`•d. ITIPL E O MILY RESIQ ATO' •2.5 i��• R� 4r Z P/ 103,751 SQ. 1 ',� '- RAMZR ,� 4 • • AIJ - 40 ttilff �kl r 15,800.51 ASV r ,r �g 4 A � 298.26W ,m. IV 'c75 ' 'f-- 298.25"KAHELTA ft * CV-7.5 +� 1. ,•. _ 'iI CE �Ap _ Q HS=����' ., , r'. 'GRICULTU-+•L(A-1a)TO maim , -- ---.;� •'LE-FAMILY - SIDEN Ira-..:�._-2.5 169,7. SQ.FT lit RM, Ala � RM.2 RAH I r 41 cV75/,7S ffjz ua niHwy. i , RU-I OPEN 40:40 CV-10 V-.75 RAI-1 t, pa�i0 x ® RAH �, - opEN �� y- 3 V-.73 V.75 ......well i—jv Aii 1OPEN �• - �i �rL' RS-11) V-.73 �� . Ad IA RS-7.5 a• au • n• to /US 2110 3125 rod AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) AND 25-8-5 (KAILUA URBAN ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL (V-1.25) AND AGRICULTURAL (A-1a) TO MULTIPLE-FAMILY RESIDENTIAL (RM-2.5) AT AUHAUKEAE 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-5-009:067&POR.054 Date:December 14,2004 EXHIBIT,"A" (Kona Hale Alii,LLC:1147) OFFICE OF THE COUNTY CLERK County of Hawai`i Hilo, Hawaii (Draft 4) r, _ Introduced By: Pete Hoffmann/K.Angel Pilago £ .) +�:i' ].{J :`f O1L eAjLL VOTE Date Introduced: April 20, 2005 AYES NOES ABS EX First Reading: April 20, 2005 Araltal Published: May 1, 2005 Higa X Hoffmann X REMARKS Holschuh X December 21, 2004 -- Deferred Ikeda X Isbell X Jacobson X Pilago X Safarik X 8 0 1 0 Second Reading: May 4, 2005 (Draft 5) . To Mayor: May 11, 2005 ROLL CALL VOTE Returned: May 18. 2005 AYES NOES ABS EX Effective: May 18. 2 GO 5 Arakaki X Published: May 24 2005 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO /14 .//'44? FORM AND LEGALITY: COUNCIL CHAIRMAN AUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Date -'27//c7l Z•01s_ Bill No.: 367 (Draft 5) ••rov• 'isapprovedthis day C--100. 4/PC--124 Reference: of µ , 20 v5 Ord No.: 05 74 • • SR, CO ' OF HAWAII Copy fP \\ PARKING ----------- \ GARAGES: 92 STALLS v,""-— \/ HANDICAP: 6 STALLS REGULAR 66 STALLS •\�`:�`.,,N,..- \‘' s,_,., (LEASE/ GUEST;) (49/17) STALLS A. ��'\: .� .� TOTAL: 164 STALLS �f ,,,,...:.-‘•""'-/. H REAT WALL •,: ; . -. , �/" � -� •. x, OF KUAKINI \\ t^ e4,, -- s' i.. .... { (1 i 11.d, �t\ 4, 1 '` , 4w:Q":' o �,,- ,, • gid) r 1: - i' . 9,1\1.i 1,-11r-'- ' 4r." ,4,w ��rl>✓,+�.,�, 1��i.1S ��'� ,r �y,1 �'- � \ `a r 7_""""...� •:, -1 • ,1.6114 t; 1 .. ,, \��z `ii1,`\ ' � �t:' l :� by `tom•,, . \ `:4 \\\\A ''' '`‘' :,,,ii,,S74.,tiosol 164-'7".', .......,•"" . \ _ . t v •e ii %' Si-- \ ,�, �, Q,\ ,,� 4.`3`, i raw x `},-•f; 1),-,-,70•41,3 , I S .. . � ' ��, ,f�� \. - �;, `e,:�: • '' f ,,•l 1y I \1 `A,l APIA_ i .- .--.- : Ulla', `re /'. .' �A' ry�.E `�` • ' -4-es:. • M 1 \',tau ,'� y ` . i a =' � x?".o,.lit,, �.,. ��:` '� i,•- .--I.--. Y 1 �1 54. As r' 7 'l. rte. �� It r :trl t, •it ', firto15.11 yt J• t t -r '� ±.1���; ; i r t�k� *y i \ ,�L •1_ t SIP•!�j 11 1 f MT SI wry 11 1 id '' f', .n�� »jam � 1 . ip. ' 1 L.1 t 'T� ; , ,r r. 11:04) A `�I/iy,v!/;�y t4. i m!".'• .0 i i • , 1.0•34. 1 r r ' X31B-1.4::311 r �T � ..,..;,:-A ,.'1\ _ 1 ,� . ..n4."."0"..;;-.4' ' • ror3..v3 9."•''�� O�str�-�t - .0 1`,j ,9 taw r ! ��`-'St 31 11-14S111 yob • It Loi 11,1 i ,15:11 /Nog ih74.j- `.� ' < x C:7.;,i•�;r., • .,t'•', 6.85 Acres .ore o ra',7:- ' lam: . �- : 5. . .N.h.. 3rd Difr' - -.' �' --c' ' acssx s.re1 k", '”w.-:•''= --i,-.1 .:1 . • • 44. ' ' / �; .f ,` t � kr;. /« 1• , B 1'�!; ` L ., -1 e 'Ate 4. av > � 4Et � t _c t�``t? - yat r _ ___--74._ S4=a•'" -'' ��ar�^� t,„0. „ x10 ,y,' --' Nr'r " _ 4 ��� V. A V ,M....‘4,.......F SITE PLAN Scale: 1" = 100' 0 50' 100' 200' HALE NANEA CONDO'S iiiiidalmoimmoi OWNER:KURUI DEVELOPMENT LLC T.M.K.(3)7-5-000:067 SCALE: 1" = 100' KAILUA KONA,HAWAII DATE:02-20-2014 The contents of these documents ore and remain the property of Awl Architects, Inc.. The documents ore furnished in confidence and only far the limited purpose In connection with the site far which they were prepared. No portion of the documents may be reproduced or disclosed to others for any other purpose or site without the prior written consent of Alii Architects,Inc.® , ..- County of Hawaii ,�,` ..=.--.......=.--....=.--....... ,tfi. Department of Public Works ( ) D '5: - BUILDING DIVISION v •'•'"y^�' Application#: Per Fee: A2014-aK01357 BUILDING PERMIT APPLICATION $505.00 NOTIFICATION TO APPLICANT: 1)SECTIOfA MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE ;,t, APPLICANT SHALL BE RESPONSIBLE TO OBTAIN AU.APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR n CONSTRUCTION AUTHORIZED Is NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A • PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION i WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, ' ,-1• DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. �', SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALF NANEA CONDO Mailing Address: CONDO MASTER i' Lessee,Tenant: Mailing Address: •_1• Plans By: ALI GHALAMFARSA : r j' Builder: C 0TZG-$3 c... jbz.ceR Mailing Address: 'z•.:. Scope of Work: El New ❑Alteration ❑Move ❑Reconstruction JNEA CONDO M • [J Addition 0 Repair ❑Demolition ❑Emergency ❑Plumbing ❑Photovoltaic ['Solar W ater Heater v' 1-V- ' Description of Work:A 264SF OFFICE WITH AIR CONDITIONING.(NO PLUMBING). 'a, occ-- Estimated Valuation For All Work to be Performed:$100,000.00 �. . Project Address: 750216 HUALALAI RD APPLICANTS OUALIFICATION: (SEC.44-HRS) CQNTRACTOR/OWNER-BUILDER DECLARATION ; I declare that I am licensed under the provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State , of Hawaii. My license No. 3330$ is In full force and effect. • " r NOTE: RME(Responsible Managing Employee)only to sign.Notarized authorization from RME required for designated •: i agents. 'r I declare an exemption under Sec.444-2( )for the following reasons: I)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire :.'-.........;."...:3-,! , licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) :,:. building will not be built for sale or lease within one(1)year after construction is complete. .,u I hereby acknowledge that the Information I have provided is true and correct.I agree to comply with all County and State laws :.:;:- regulating building construction. I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 I-IRS. , APPLICANT DATE ,- . • E • ._,_c"" •• •:'I 1*SHALL OBTAIN THE FOLLOWING APPROVALS IN NUMERICAL SEQUELA • / "'-F: S7/0. / - 472)/(p ,ek. 1.Plan'. Date 2. Engineering (2,90/4- 3.DOH-Wastewater Date / - e/2841artk + alf" 171r...I, A t4 4.Di- -Sanitation Date 5.Wastewater at 6_ 4. asp[ • Dat r .F - Date 8.Plumbing Date 9.Electrical Date ..'c;—` L '/ .'`T 10.Building 4 a e -_ . `'. Y, County of Hawaii is an Equal Opportunity Provider and Employer TMK: 7-5-009-067-0000 -:i y:t 4-Notified Iyew r ..,...,....., County of Hawaii C 0 py Department of Public WorksIV BUILDING DIVISION . Application:#: Permit Fee: A2014-BK01411 BUILDING PERMIT APPLICATION $92.50 _ NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE i APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR • CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 12D DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION • WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE,PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, . DRIVEWAYS AND GRADING:6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW - PLEASE PRINT WITH BLACK BALLPOINT OR TYPE • Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER ' Lessee,Tenant: Mailing Address: • Plans By: ALI GHALAMFARSA • Builder: &eoR.4+3" G, iggg Mailing Address: • • Scope of Work: C7X, New Q Alteration ❑Move ❑Reconstruction XQ Electrical • I❑Addition ❑Repair ❑Demolition ❑Emergency ❑Plumbing • • ❑Photovoltaic ❑Solar Water Heater • Description of Work:A 30 X 21SF NEW TRELLIS OVER A POOL.POOL BY SEPARATE PERMIT APPLICATION. ELECTRICAL ONLY. Estimated Valuation For All Work to be Performed: $10,000.00 V 130 Project Address:750216 HUALALAI RD A APPLICANTS OUALIFICATION: (SEC.44-FIRS) CONTRACTOR/OWNER-BUILDER DECLARATION I declare that I am licensed under the provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No.3330 R is In.full force and effect. NOTE: RME(Responsible Managing Employee)only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the.bullding is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. I hereby acknowledge that the Information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. • APPLICANT DATE c•.:.-r :PP 4 NT SHALL OBTAIN THE FOLLOWING APPROVALS IN NUMERICAL S • NCE ,���,4_, 07/1>//Y- c- 4 os TI , 6247 . .Piannln Date 2. Engineering a 3. i a Wastewater Date 4.DOH-Sanitation D1 5.Wastewate DateW 6.Ftatte�! t._ y. Nu bing 'DL t B.Electrical D e 9.B ding Die • County of HawaI9 is an Equal Opportunity Provider and Employer TMK: 7-5-009-067-0000 • • E-Notified I`/2-i° . .��.4 County of Hawaii C ie py Department of Public Works BUILDING DIVISION Application#I Permit Fee: A2014-BK01356 BUILDING PERMIT APPLICATION $805.00 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B•3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AU-MOWED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW -PLEASE PRINT WITH BLACK BALLPOINT OR TYPE ;', Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER :.au Lessee,Tenant: Mailing Address: • Plans By: ALI GHALAMFARSA r • Builder: 6ec)F-Ba c..i3C�Z A•tEMailing Address: Scope of Work: X❑New . ❑Alteration ❑Move ❑Reconstruction I Electrical El Addition rj Repair El Demolition ❑Emergency ❑X Plumbing ['Photovoltaic ❑Solar Water Heater Description of Work:A OPEN COVERED 1,376SF PAVILION WITH SINK&2 GRILLS.A 306SF BATHROOM BUILDING CONSISTING OF BOTH A MEN'S AND A WOMEN'S AREAS AND A POOL EQUIPMENT ROOM. V— I +z— Estimated Valuation For All Work to be Performed: $200,000.00 A., • Project Address: 750216 HUALALAI RD • • t. APPLICANTS QUALIFICATION: (SEC.44-HRS) • CONTRACTOR /OWNER-BUILDER DECLARATION, I declare that Iam licensed under the provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. '333O$ is in full force and effect. NOTE: RME(Responsible Managing Employee) only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of • the property,to act as my own general contractor without possessing a license; 2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction Is complete. I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws V regulating building construction. I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. • ' APPLICANT DATE • SEC 1!e=iP LI 0'SHALL OB A THE FOLLOWING APPROVALS IN NUME CAL SEQUELA �, -- -A, - 07/77,�- : , o V- �`i�L �fI - �1 � 1.Plannin Date 2. Engi eering Date' 1 3. DOhY-Wastewater Date 4.-- --‘--; rx....____' g ASA 4 aftegiftw-t- a/isiikfr el 4. DO. - anitation l(Date 5.Wastewater /�y ate! 6. S+�� n` t-2 ,,Daatte' r Mi. e _ ',ate. 8.Plumbing Date 9.Electrical Date 'rL/05 tel/ ad 10. :uilding I D County of Hawaii is an Equal Opportunity Provider and Employer TMK: 7-5-009-067-000D • • -E:OOU�.fieci i j 4,f, 'I" County of Hawaii c 0 . t • Department of Public Works BUILDING DIVISION i-') Application#: Permit Fee: A2014-Bic01557 BUILDING PERMIT APPLICATION $4165.00 1 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE • APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B•3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FORA PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. ' SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WIT .' ,1 H BLACK BALLPOINT OR TYPE 'yl ' • 1 • i Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: Mailing Address: Plans By: AU GHALAMFARSA Builder: 6-erottGe. a. 5PrKt'R Mailing Address: Scope of Work: XD New ❑Alteration 0 Move ❑Reconstruction y Electrical - ❑Addition ❑Repair ❑Demolition• ❑Emergency Q Plumbing ❑Photovoltaic Q Solar Water Heater Description of Work: HALE NANEA CONDOMINIUM BLDG B&C TYPE"C"(B UNITS- FOUR UNITS ON THE FIRST FLOOR AND FOUR UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS. EACH UNIT CONSISTS OF 1,365 OF LIVING AREA(2 BEDROOMS,3 FULL BATHS,A DEN,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 231SF LANAI AND ENTRY.SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed: $1,320,000.00 Project Address: 750216 HUALALAI RD APPLICANTS OUALIFICATION: (SEC.44-HRS) • CONTRACTOR I OWNER-BUILDER DECLARATION - ' I declare that I am Ncense under the provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State • of Hawaii.ply license No. 330 is in full force and effect. . NOTE: RME(Responsible Managing Employee) only to sign.Notarized authorization from RME required for designated • agents. I declare art exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or of cupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. • I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. • • APPLICANT DATE • ECT• .--•.-.-rde'i- . -,LL BT IN THE FOLLOWING APPROVALS IN NUMERICAL SEQU E . , tom % . g� � tyvv1aAV1 O0 A ��F�l�` 1. Planning Date 2. Engine ring *at ` 3. H-Wastewater Date cc - ,-Q f(t-P a It 1 41%.1'.1 _ 4.00H-Sanitation ti.te 5.Wastewater , Oat . ,�'W e tee Date ���' as • 8.Plumbi g Date . 9.Electrical Date / ' '---7 0-j '1 - 10. :uilding A a e • County of Hawe t is an Equal Opportunity Provider and Employer TMK: 7-5-009-0k-0000 1. ' • ;'= 'I Notified < < /2y i �i� County of Hawaii Department of Public Works BUILDING DIVISION C 0 py Application#: Permit Fee: A2o14-13K01570 BUILDING PERMIT APPLICATION $4165.00 NOTIFICATION TO APPLICANT:E)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION • WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS.SIGNS, DRIVEWAYS AND GRADING;6)_DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE • Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: Mailing Address: Plans By: ALI GHALAMFARSA Builder: —D - e �. afl<Q R Mailing Address: • Scope of Work: XQ New ❑Alteration ❑Move ❑Reconstruction XD Electrical ❑Addition 0 Repair ❑Demolition ❑Emergency ]Plumbing ❑Photovoltaic Li Solar Water Heater Description of Work: HALE NANEA CONDOMINIUM BLDG D&E TYPE"C"(8 UNITS- FOUR UNITS ON THE FIRST FLOOR AND FOUR UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS. EACH UNIT CONSISTS OF 1,365 OF LIVING AREA(2 BEDROOMS,3 FULL BATHS,A DEN,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 231SF LANAI AND ENTRY.SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed:$1,320,000.00 Project Address:750216 HUALALAI RD APPLICANT;QUALIFICATION: (SEC.44-HRS) CONTRACTOR /OWNER-BUILDER DECLARATION I declare that I am licensed n r t e provisions of Chapter 444,NRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. 3 Os Ls in full force and effect. NOTE: RME(Responsible Managing Employee)only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself; 3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. • 444-23 HRS. APPLICANT DATE SE —.ILA:/P•+ ; SHAL OBjAIN THE FOLLOWING APPROVALS IN NUMERICAL SEQUENCE. A � � / p ggi Z !c it 1.Planning Date 2. Engineering Da 3.D•H- astewater Dat 4111K4 /7, 97i 4. D -Sanitation Date 5.Wastewater rtei 6A oi•�W Date - Q IZ o l d 7.F - 'ate 8.Plumbing Date 9.Electrical Date is.Building D. e County of Hawai'i Is an Equal Opportunity Provider and Employer TMK: 7-5-009-067-0000 kEa-Netified County of Hawaiic ID 'y Department of Public Works BUILDING DIVISION Application#: Permit Feet • A2014-BK01573 BUILDING PERMIT APPLICATION .$2185.00 NOTIFICATION TO APPLICANT:*SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION 111:3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FORA PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW- PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: Mailing Address: Plans By: ALI GHALAMFARSA Builder: 6-eorZ.6.47 C, SOS.KIEfR Mailing Address: Scope of Work: XQ New ❑Alteration ❑Move ❑Reconstruction ❑X Electrical ❑Addition ❑Repair ❑Demolition ❑Emergency XQ Plumbing ❑Photovoltaic X]Solar Water Heater Description of Work: HALE NANEA CONDOMINIUMS BLDG FTYPE"A"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS.EACH UNIT CONSISTS OF 1,006SF OF LIVING AREA(2 BEDROOMS,2 BATHS,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 206SF LANAI AND ENTRY. SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed:$660,000.00 Project Address: 750216 HUALALAI RD APPLICANTS QUALIFICATION: (SEC.44-HRS) CONTRACTOR I OWNER-BUILDER DECLARATION • I declare that I am licensed undff tJe provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. 33 ?O is in full force and effect. NOTE: RME(Responsible Managing Employee) only to sign.Notarized authorization from RME required for designated agents. I dedare an exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license; 2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. • • I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. • APPLICANT DATE S TI.. - :11`. ,� SHALL/BTjOIN THE FOLLOWING APPROVALS IN NUMERICAL SEQUENCE: / '�/ giff /I V r�r�"t l q4 6/q 1. Planning Date 2.En ineering Da 3.DO -Wastewater Date a M talki all 1+ .1 A 97/c/111 4. ••H-Sanitation D t 5.Wastewater Date 6. .' "r,. Date 7// .� LCA .FireD e 8.Plumbing Date 9.Electrica a—` e 10. Building Dat County of Hawaii is an Equal Opportunity Provider and Employer TMK: 7-5-009-067-0000 ' E-Notified • ---- County of Hawaii �� Department of Public Works O • • BUILDING DIVISION Application#: Permit Fee: A2014-BK01574 BUILDING PERMIT APPLICATION $2185.00 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS 7N SECTION 8;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATAPROVIDED HEREIN IS PUBLIC INFORMATION. • SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: Mailing Address: Plans By: ALI GHALAMFARSA • Builder: ra-woRG•e C.. &+,AKER Mailing Address: Scope of Work: X❑New ❑Alteration ❑Move ❑Reconstruction OX Electrical • ❑Addition ❑Repair ❑Demolition • E]Emergency Q Plumbing Photovoltaic Ij Solar Water Heater - Description of Work:HALE NANEA CONDOMINIUMS BLDG G TYPE"B"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS. EACH UNIT CONSISTS OF 1,188SF OF LIVING AREA(2 BEDROOMS,2 BATHS,1 POWDER ROOM,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 224SF LANAI AND ENTRY.SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed: $660,000.00 Project Address: 750216 HUALALAI RD APPLICANTS QUALIFICATION: (SEC.44-HRS) CONTRACTOR/ OWNER-BUILDER DECLARATION I declare that I am licensed under he provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. 06 is in full force and effect. • NOTE: RME(Responsible Managing Employee) only to sign. Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons:1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license; 2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction:I fully understand that if I violate any of the provisions of Sec.444-HRS, I may be fined per Sec, 444-23 HRS. APPLICANT DATE • LL BT /THE FOLLOWING APPROVALS IN NUMERICAL SEQUF • ��/.� � T Ldyl(�/t 0 C3. C�f�7 1.Planning Date / �2.[}Enng�inaeerring . 'ate 3.DOH-Wastewater Date f+ (101'1 C�J in 1 a ,4i ' (g r Mk i L 1 4.D'H- -nitation Date 5.Wastewater Dat 6. �:�r a-4 D � " f i - Lo ( L� 7.Fir '- e 8. Plumbing Date 9.Electrical • 10. 8 ding Da County of Hawai r Is an Equal Opportunity Provider and Employer TMK:7-5-009-067-0000 E-Notif ed County of Hawaii C 0 PY Department of Public Works BUILDING DIVISION Application #: Permit Feet A2014-BK01576 BUILDING PERMIT APPLICATION $2185.00 • NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A;APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER • Lessee,Tenant: Mailing Address: Plans By: ALI GHALAMFARSA Builder: Geo G-. $!+l«R Mailing Address: Scope of Work: ❑X New ❑Alteration El Move ❑Reconstruction ❑X Electrical 0 Addition ❑Repair ❑Demolition ❑Emergency X❑Plumbing ❑Photovoltaic X❑Solar Water Heater Description of Work: HALE NANEA CONDOMINIUMS BLDG H TYPE"A"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS. EACH UNIT CONSISTS OF 1,006SF OF LIVING AREA (2 BEDROOMS,2 BATHS,KITCHEN, WING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 206SF LANAI AND ENTRY. SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. • Estimated Valuation For All Work to be Performed: $660,000.00 Project Address: 750216 HUALALAI RD APPLICANTS QUALIFICATION: (SEC.44-HRS) CONTRACTOR I OWNER-BUILDER DECLARATION. I declare that I am licensed under a provisions of Chapter 444,HRS, of the Department of Commerce&Consumer Affairs,State .of Hawaii.My license No. . 5„..50,41-_is in full force and effect. NOTE: RME(Responsible Managing Employee) only to sign.Notarized authorization from RME required for designated agents. • I declare an exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building Is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. • APPLICANT DATE • SEC • • • 'ALL BT IN THE FOLLOWING APPROVALS IN NUMERICAL SEQUENCE: 1.pwp ning Date `a 2.Engineering LeLLQDa 1 3.DOH-Wastewater Date f t�It`4 allt'i-! ktamAA . a t 4.DOH- anitatlon Date 5.Wastewater D� 6?i .0 ate Dat • r /7" G-- 11 to(I+ �� U • 41_1Gir--- I.• e 8.Plumbing Date - lectrical Date %� 10.B ding Da County of Hawai'i is an Equal Opportunity Provider and Employer TMKI 7-5-009-067-0000 L Notified County of Hawaii C /", j Department of Public Works BUILDING DIVISION Application#i Permit Fee; A2014-BK01577 BUILDING PERMIT APPLICATION $2185.00 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B,;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION • WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW- PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: Mailing Address: Plans By: ALI GHALAMFARSA Builder: Gel)RG� c. ',4KEC� Mailing Address: Scope of Work: El New ❑Alteration ❑Move ❑Reconstruction ©Electrical ❑Addition ❑Repair 0 Demolition ❑Emergency El Plumbing ❑Photovoltaic Ej Solar Water Heater Description of Work: HALE NANEA CONDOMINIUMS BLDG I TYPE"A"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS. EACH UNIT CONSISTS OF 1,006SF OF LIVING AREA(2 BEDROOMS,2 BATHS,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 206SF LANAI AND ENTRY. SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed: $660,000.00 Project Address:750216 HUALALAI RD APPLICANTS QUALIFICATION: (SEC.44-HRS) • CONTRACTOR / OWNER-BUILDER DECLARATION I declare that I am licensed u_gcar tie provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. 3-6-502r is in full force and effect. NOTE; RME(Responsible Managing Employee) only to sign. Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself; 3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws ' regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. • APPLICANT DATE $ECerti— '` SHALL 00 TA}"THE FOLLOWING APPROVALS IN NUMERICAL SE UE � • 9/10/.7 g'` 0 (o . ( ' 1. Planning Date 2.Engineering Da 3.DOH-Wastewater Date 11 Cit‘f aunt-4x 4.DOH- antatlon pate 5.Wastewater pate, 6 ild+a D 165 q r-- J D. e 8. Plumbing Date 9. Iectrical Date 10. r.uilding D. County of Hawai'l is an Equal Opportunity Provider and Employer TMK: 7-5-009-067-0000 • • Eotifjgci r \'ti County of HawaiiC 0 D Department of Public Works BUILDING DIVISION Application#: Permit Fee: A2014-13K0158O BUILDING PERMIT APPLICATION 52185.00 NOTIFICATION TO APPLICANT;1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B•3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: Mailing Address: • • Plans By: ALI GI-IALAMFARSA Builder: C-tesL &- e E;AKeR Mailing Address: Scope of Work: XJ New ❑Alteration ❑Move ❑Reconstruction QX Electrical • ❑Addition ❑Repair El Demolition ❑Emergency El Plumbing [�Photovoltaic E Solar Water Heater Description of Work:HALE NANEA CONDOMINIUMS BLDG L TYPE"A"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS.EACH UNIT CONSISTS OF 1,006SF OF LIVING AREA(2 BEDROOMS,2 BATHS,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 206SF LANAI AND ENTRY. SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed: $660,000.00 Project Address:750216 HUALALAI RD APPLICANTS QUALIFICATION: (SEC.44-HRS) CONTRACTOR I OWNER-BUILDER DECLARATION I declare that I am licensed under the provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. 3330$ is in full force and effect. NOTE: RMi: (Responsible Managing Employee)only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself; 3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or tease within one(1)year after construction is complete. • I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. APPLICANT DATE CT 5,—. Y� I�HALL BT IN THE FOLLOWING APPROVALS IN NUMERICAL SEQUELA 1.Planning Date 2.En ineering '. 3.DOH-Wastewater Date 044 2 9/I ct 4.DOH-Sanitation Date 5.Wastewater Date 6 FPI. +6 a4- Date • 416114 I-0AZ W7. e D e 8.Plumbing Date " 9.Electrical Date /Ieirr i/ 10. =eliding Dare County of Newai'i is an Equal Opportunity Provider and Employer TMK: 7-5-009-067-0000 E--Notified " "° County of HawaiiC0pyi . . Department of Public Works P BUILDING DIVISION Application#: Permit Fee: A2014-S1(01581 BUILDING PERMIT APPLICATION $2185.00 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION _ WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ME REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW - PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: Mailing Address: Plans By: ALI GHALAMFARSA Builder: G�{�$4 t� SA.K0R Mailing Address: Scope of Work: j New ❑Alteration ❑Move ❑Reconstruction Electrical 0 Addition ❑Repair ❑Demolition ❑Emergency Q Plumbing ❑Photovoltaic [X]Solar Water Heater Description of Work: HALE NANEA CONDOMINIUMS BLDG M TYPE "A"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS. EACH UNIT CONSISTS OF 1,006SF OF LIVING AREA(2 BEDROOMS,2 BATHS, KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 206SF LANAI AND ENTRY. SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. • Estimated Valuation For All Work to be Performed:$660,000.00 Project Address:750216 HUALALAI RD APPLICANTS QUALIFICATXON: (SEC.44-HRS) • CONTRACTOR/ OWNER-BUILDER DECLARATION I declare that I am licensed underhe provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No.33308' Is in full force and effect. NOTE: RME(Responsible Managing Employee) only to sign. Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license; 2)to supervise the contracting myself;3)to hire _licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. • I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. . APPLICANT DATE • s_ -1�1. -� %', -• r SHALL p BTpi THE FOLLOWING APPROVALS IN NUMERICAL SEQUE CE: I ' i' x/10// f' • - • .- al . 1. Planning Date 2. Engineering Da 3. 'e - astewater ..te 4. DOH- Sanitation Da2te� 5.Wastewater Dae 6.Si) 'ste4 Dat 14_ IMP 7. e e:to 8.Plumbing Date - 9.Electrical —131;61. 10.B.Ming Da - f.--- County of Hawai'i is an Equal Opportunity Provider and Employer TMK: 7-5-009-067-0000 -. . R Notified 41.E.. `\, � County of Hawaif � \t"j .• .c or ,f41/2, ,ti-- ssAt NEIL ABERCROMBIE A i/—9'1 LINDA ROSEN,M.D.,M.P.N. GOVERNOR Of HAWM ?t, � 1 DIRECTOR OF WAIN 41. STATE OF HAWAII DEPARTMENT OF HEALTH krepy sessamho*. IDCWII P.O.BOX 3378 ! HONOLULU,Hi 96801-3378 08028PJF.14 August 20, 2014 C 0 py Mr. George Baker Owner Kukui Development LLC 1 Corporate Plaza Drive, #110 Newport Beach, California 92660 Dear Mr. Baker: In accordance with the provisions of the Clean Water Act, Hawaii Revised Statutes, Chapter 342D; and Hawaii Administrative Rules, Chapters 11-54 and 11-55, the Department of Health (DOH), Clean Water Branch (CWB) has reviewed the following application for a National Pollutant Discharge Elimination System (NPDES) permit to discharge storm water run-off associated with construction activity: Facility Permit No. Hale Nanea Condominium HI S000434 Kailua-Kona, Island of Hawaii, Hawaii The public notice of our proposed action was published in The West Hawaii Today on Thursday, July 3, 2014, regarding the above application. After consideration of the expressed views of all interested persons and agencies, pertinent Federal and State statutes and rules regarding the discharge, the DOH-CWB hereby issues the enclosed NPDES permit for the discharge referred to above. This action does not constitute a significant change from the tentative determination set forth in the public notice. This permit will take effect on August 20, 2014. Please complete the DOH Customer Satisfaction Survey regarding your experience in applying for this permit. This brief survey is available on the e-Permitting Portal located at: https://eha-cloud.doh.hawaii.gov/epermitNiew/home.aspx. Please use the Application Finder button and search for the "Customer Satisfaction Survey." Mr. George Baker 08028PJF.14 August 20, 2014 Page 2 Should you have any questions, please contact Ms. Jamie Tanimoto of the Enforcement Section or Ms. Jiaping Fouse of the Engineering Section, CWB, at (808) 586-4309. Sincerely, STUART YAMADA, P.E., CHIEF Environmental Management Division JF:np Enclosure: NPDES Permit c: Water Division (WTR-5), CWA Standards and Permits Office, EPA, Region 9 (w/encl.) [via e-mail sablad.elizabeth aC�.epa.gov only] Mr. George Baker(w/encl.) Kukui Development LLC [via e-mail pbakerAmkacap.coml Mr. Oren Hironaka, Engineering Partners, Inc. (w/encl.) [via e-mail contactaepintegrated.com only] Mr. Mark Grant, Engineering Partners, Inc. (w/encl.) [via e-mail marktc epintegrated.corn only] Mr. Neil Mukai, CWB-Hilo, Hawaii District Health Office (w/encl.) [via e-mail only] County of Hawai'i ?y DEPARTMENT OF PUBLIC WORKS-ENGINEERING DIVISION 0 092393 -),: 1^„ �. . .. „t�. GRADING PERMIT NO. � � - ' Fee:$ (At..20 Check only-payable to: County Director of Finance Owner: Kukui Development LLC Address: 2549B East Bluff Drive#475 Phone: 949-933-2411 Newport Beach,CA,92660 Civil Eng./Surveyor: Engineering Partners Inc. Address: 455 E.Lanaikaula Street Phone: 808-933-7900 License No.: 9361-C Hilo, HI,96720 Contractor: TBD Address: Phone: License No.: Location: 75-216 Hualalai Road, Kailua-Kona Tax Map Key: (3) 7-5-009 : 067 Cut(CY): 4,600 Parcel Area (acre): 6.28 acresArea to be Graded (acre): 6.36 acres Disposal Site: Start Date: 6 �a� PAL Completion Date: f11j/,2// /S Fill(CY): 21,600 (minimum 2 working days after issuance date) Borrow Site: Grading Includes work within,County R.O.ty. Remarks: ("f 0 n / ss c., e.--),ce a-{. re q q/ p' i-i-,i t -fa vilo r k w;-6/h 1117 e Co�.”-/yAll ,1-7-/ 741 Ne<lyy, , / $ // g,--z�, �,� 74",c, / 1+v+-a/a L/e, 744m : �i ,e-, �►cJ d74-74:5 T e '7/' 74.7,--z. f/"'.f fG� '/'e /742/- s r Ile, De, ve..fo j e / a'/crx.s ,4 h'c '/e /s/ad-,e.., C.o,-7..to 4'.1'-'i ,h i v i l".S 933-7653(Hawai'i Island) 40 Pookela Street, Hilo, HI 96720 r cJ • 0 S-n74 1. STATE DLNR-HISTORIC PRESERVATION DIVISION Approved: Se , Hav17 e cj Ly Nb.' 2 a/4. 3�/G. Received By: Date: Date: t>oes . i1/4/0 . /4015 Mt//. /2-.=//4. 2. PLANNING DEPARTMENT /) Approved: Received By: -/ Date: 74Q/j� / '//� Date: le, 9// 1 DEPARTMENT OF PUBLIC WORKS App.. -.for Permit Issuance: Received By: Date: tvi; e Date: eA, / 4' 4 1 I herebycertifythat ail work as requested above will conform ` +: - ' q to hap�rl 0 of t - Hawat i County Code. Owner: �� t,i_i C-vr_i_l) 1'2CtJr LLC-. O, Frd r • l Date: Q'. ► ,� /AA_ 0 * Dr=,vANs AgitAtez.` c70.9 X43072/ I Return to the Department of Public Works, Engineering Division, upon completion of work. Certification Accepted by: Date: (DPW inspector/engineer) Bps County of Hawai`i is an Equal Opportunity Provider and Employer DPW Form 33(1) COUNTY OF HAWAII Rev 7/30/14 DEPARTMENT OF PUBLIC WORKS—ENGINEERING DIVISION PERMIT TO WORK WITHIN THE COUNTY RIGHT-OF-WAY CHECK ALL APPLICABLE BOXES: c IP Er Construct new driveway approach Type of Driveway: ❑ Asphalt Driveway Use: D Commercial ❑ Resurface/repair existing driveway approach ❑ Concrete ❑ Residential Construct or repair sidewalk ►� Other(describe work): .reoa,=,/ t✓'cde n t'" 9 r "^ms's- A J/ a/2 /.2. 7"-r-'ah 7r/h / k Ak- a Co»csiom.`t r v WIDTH OF APPROACH/DIMENSION OF WORK: c OO FT. x FT. ESTIMATED COST: $ TAX MAP KEY: Name of County Road/Street START DATE: COMPLETION DATE: WORKING HRS: (Minimum two working days after to approval) (Monday thru Friday) PERMITTEE: MAILING ADDRESS: PHONE NO.: CONTRACTOR: MAILING ADDRESS: PHONE NO.: LICENSE NO.: IN CONSIDERATION OF GRANTING THIS PERMIT, THE PERMITTEE UNDERSTANDS AND AGREES TO: (Permittee initial on each line below) Submit with this permit a copy of DCAB's Document Review confirmation; Agree to hold harmless, indemnify and defend the County of Hawai'i, its officers, employees and agents thereof, from all claims, demands, suits, actions,or proceedings of every name, character, and description which may be brought against the County of Newai'i for or on account of any injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts of the holder of this permit for actions done under this permit. [HAWAII County Code Section 22-4.2(7)]; Submit with this permit a certificate of insurance and proof of a public liability insurance policy naming as an additional insured, the County, its officers, representatives, employees, and agents covering any claim or liability for damages, injuries or death resulting from any of the uses permitted hereunder. The minimum amount of coverage under such policy shall be $1,000,000 per occurrence. The policy and coverage shall be kept in force until all work under this permit is completed to the satisfaction of the director of the department of public works. [Hawai'i County Code Section 22-4.2(8)];and Comply with all conditions as printed on the back of this permit. [Hawai'i County Code Section 22.4.4]. By initialing above and signing below,the Permittee certifies that the Permittee has legal authority to sign in the capacity stated, and the Permittee understands and agrees that the terms and conditions of this permit are a legally binding contract. By: AGENCY USE ONLY Final Acceptance Date: Permittee's Signature Date By: APPROVED: Inspector's Signature Comments: Director,Department of Public Works Date PERMIT NO: FEE: / / z-•-SO County of Hawai'i is an Equal Opportunity Provider and Employer AST t ,,c)-. --- ---. ,., ,,, '.. ).;1,rp-- ,. / a W1414 Q1" y� C'CpN-.R ‘ %. ...LI. �••/ `., �. 5C ,0 .fid �a� `'j �. ,,..5'L� .'' ° Y0 _ '-__tz " \\ -+� t 'KtNI LOOP 1 !.'\1' ''' K ' YC1Nt : �tdP�,. m S``1''';-: 1.'...i .,:it t. - i\1111,,.‘0,..\\.,10'. .\\11111‘1, i40-‘17:.\‘‘,,,."It-:- y�i r • r u 1 it . tEAW `A ;'''''....-.41..til.-,- l H �y Ar iiki, .,„, _ _ _- i. vii �, 11-- _ Ili\ \ i.- 1 1, _ + I HALE NANEA CONDOMINIUMS e�4e A. I,t E a° MUt.- :• teliai-.",;' Legend %� t. . Proposed Roads,Classification* Proposed Transit Line' ` 'gF �,Fy r:. ` ' *CDP.Local • . -,.+., r. �®(Trunk W. _' --CDP,collector,major =Secondary *A rl. -2 � y `j� CDP,collector,minor Transit Hub' `.. •, . J. \ t -- a ,ALUARD . .GP,arterial ` o ti �‘ -GP,collector,major a Transit Station" d p N% \` GP, collector,minor �q F .x \- 3' r --,= TOD Type Pedestrian-Bike Paths(CDP)` YP ' "Y{y � `' .?Nei<hborhood o G ` r TYPE l :S Regional Get t� ��P� s� �r� o ` �. r Lane .,ft \\ . X Path Kona Urban Area' \k`•-• t,' ;fit �- -)'-4", - -Paths C3nur"I Town Tons' • fi. f w i ,. 1 5Y "..til • .,-,-6,.._.: rrf- w +. 1?j r; —E>ist!ng Roadway '4. -,-' ` _ .• r Ped svi fiF .y Ped-trail '-Shared Itl ` _i': 7.,'). * : '' r i `;, • :, iA .' ' trrr Shoulder A r ' a� * Policy Layer � . � r aj. . ,F:!ro'. lik. ;,,„ :,----u- . -.,_,\:---- n , \ -tr,, _ { ti f Sl � 'F I ..;,,p)..!----1-- •_ 4 K . 900 1,800 3,600 - �t .__ mii Feet .; 1 } t 0R' 1 inch equals 2,000 feet ' ill Source: County of Hawaii ` = The County of Hawaii Planning Department is the repository of1-,-.7._:________, '� .1--t-.;,;'----- 1 t the official map. ., .-,., , - Kona Community Development Plan Figure 4-2d Official Transportation Network Map -Nani Kailua Area .~'., KUKUI DEVELOPMENT, LLC 2549-B Eastbluff Drive, Suite 475 ;? Newport Beach, CA 92660 • 949-933-2411 • July 17,2015 • Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 Dear Mr.Kanuha: Subject: Change of Zone No.REZ 04-000022 Change of Zone Ordinance No. 05-74 Applicant: Kulcui Development,LLC Request: Time Extension to Condition C (Complete Construction) Tax Map Key: 7-5-009:067 &7-5-009-054 The subject area, consisting of 6.2+ acres of land, was rezoned into the Multiple-Family Residential (RM-2.5)district on May 18, 2005. Specifically, a 2.38-acre area was "downzoned" from Resort-Hotel (V-1.25) and concurrently, a 3.89-acre area was "upzoned" from Agriculture (A-1 a) into the RM-2.5 district. The rezoning was intended to replace a permitted,but un-built 80-unit, 4-story condominium complex on 2.38 acres of land with a less dense 92-unit, 2-story condominium project over the 6.2+ acre site. A copy of this ordinance (Ord. No. 05-74) is found in the attached Exhibit A. The rezoning ordinance consisted of a number of conditions,two of which- Conditions B and C - were time sensitive. Condition B required payment of the water commitment fee within ninety (90) days. This was fulfilled, as the subject property was part of the North Kona Water Source Agreement for which commitments were paid when the agreement was executed over 20 years ago. Condition C required that "Construction of the proposed development be completed within five (5) years from the effective date of the ordinance." On October 15, 2012 the previous owner of the property, Kona Hale Ali'i, LLC, was granted this 5-year time extension retroactive to May 18, 2010. The new deadline to comply with Condition C then became May 18, 2015 (Exhibit B). At the time the 5-year extension was granted, Kukui Development, LLC/Applicant/current owner was in the process of purchasing the property. Escrow opened in September 2012 and closed August 20, 2013. Since the previous plan approvals dated back to 2006 all aspects of the project needed to be brought up to date to current standards and market conditions. It has taken Applicant over a year to accomplish this and have the pto ectAA w Planning Dept. JUL 2 2.2015 ' Exhibit ?. r:, ,(1„ �- `° Mr.Duane Kanuha,Director July 17,2015 Page 2 permit-ready state. As construction is set to begin now, an additional extension of time is herein being requested, as directed in the correspondence dated October 15, 2012 granting the previous time extension Exhibit B. As will be discussed below, a number of applicable conditions of the rezoning ordinance have been fulfilled and updated by Applicant. The previous owner withdrew their permit applications because they believed that it was not economically prudent to develop the project at that time due to the state of the economy. Applicant has since re-submitted the building permit applications after completing all necessary project updates. I. PROJECT LOCATION The subject area, consisting of 6.2+acres, is located along the south side of Hualalai Road, approximately 1,100 feet from the Hualalai Road-Kuakini Highway intersection. The office complex called Hualalai Center is located about 200 feet makai of the subject site. II. GENERAL PERMITTING BACKGROUND AND REZONING CONDITIONS As noted earlier, the subject area was rezoned into the Multiple-Family Residential (RM-2.5) district on May 18, 2005. This section will initially cover the status of the various conditions of the rezoning ordinance (Exhibit A) and re-state the specific request. A. The applicant, its successors or assigns, shall be responsible for complying with all conditions of the change of zone ordinance. The property is owned by Kukui Development, LLC, a Nevada limited liability company that is licensed to do business in Hawai'i. Kukui Development,LLC,it should be noted, has development experience in Hawai'i, and most notably, acquired and completed the 108 broken condominium housing project Seascape Condominiums located south of Ka'iminani Street. Applicant Kukui Development, LLC, the current owner, intends to assume the responsibility of complying with all pertinent conditions of this rezoning ordinance, including completion of the project no later than May 18, 2020 assuming the requested 5-year time extension is granted. B. The required water commitment payment shall be submitted to the Department of Water Supply...within ninety (90) days from the eff ctive date of the change of zone ordinance. As noted earlier, the subject site was part ofthe North Kona Water Source Agreement. Water commitments were paid then and are still in effect. Mr.Duane Kanuha,Director July 17,2015 Page 3 C. Construction of the proposed development shall be completed within five (5) years from the effective date ofthis ordinance. Prior to commencing construction, Final Plan Approval for the proposed development shall be secured from the Planning Director.... The previous owner completed the required teclmical studies/information leading up to the submittal requirements for Plan Approval. As such, the previous owner's Final Plan Approval was issued on March 13, 2006 (Exhibit C). Subsequently, construction plans for the project, including the off-site work, were completed. Twenty four (24) building permit applications for the project were then applied for in late 2006. By February 23, 2007, the applications were approved by DPW-Engineering and the Planning Department. While they were being reviewed by other agencies, the applicant elected to discontinue their processing, as it sensed that it would not be financially prudent to complete the project due to the sagging economic condition. After purchasing the property, Applicant submitted updated technical studies/information for Plan Approval. The new Final Plan Approval was issued on November 12, 2013 (Exhibit D). Updated civil construction plans for the project were approved (Exhibit E) and Applicant was also granted Approval- To-Construct(ATC)drywells within the County Right of Way (Exhibit F). D. The applicant shall realign and provide full improvements to the entire frontage along Hualalai Road consisting of but not limited to, right-of-way and pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and relocation of utilities meeting with the approval of the Department of Public Works.... Applicant received approval of all required off-site construction plans by DPW- Engineering as evidenced by the issuance of Grading Permit No. 092393 which includes the Permit to Work Within the County Right-of-Way to complete the road widening and realignment along Hualalai Road(Exhibit G). E. As represented by the applicant, a non-gated access to Hualalai Road shall be limited to one approach... These on and off-site construction requirements were reflected in the construction plans covered by Condition D above and approved per Exhibit E. F. Any emergency vehicular security gate shall be located in a location approved by the Department of Public Works. The comments noted in Conditions D and E above also are applicable here. Mr.Duane Kanuha,Director July 17,2015 Page 4 G. All development-generated run off shall be disposed off(sic) on-site and shall not be directed toward any adjacent properties.... Recommended drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy. " Again, these plans were submitted and approved by the Department of Public Works in conjunction with but prior to completion of the building permit applications. These plans will be updated, if necessary, and submitted for approval and completed prior to issuance of the certificate of occupancy. H. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. A Solid Waste Management Plan (Exhibit H) was completed by Applicant and approval evidenced in Section B Item #6 on the Building Permit Applications (Exhibit I). I. The applicant shall connect to the County sewer system according to the requirements of the Department of Environmental Management. Applicant complied with this condition and the construction plans for this connection were submitted in conjunction with plans for the building permit applications. Copies of the approved Utility Plans and Sewer Capacity Analysis Report are attached as Exhibit J. The improvements will be completed prior to issuance of the Certificate of Occupancy. J. An Archaeological Preservation and Burial Treatment Plan shall be submitted for the review and approval of the Planning Director; in consultation with the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-SHPD) ... A copy ofthe approved Final Archeological Preservation and Burial Treatment Plan shall be submitted to the Planning Director for its files prior to submitting plans for Final Plan Approval review... The previous applicant/owner submitted a request for Plan Approval on December 6, 2005. Please note that this requirement has been complied with and that in the interest of economy, the enclosures are not included as they are already on file with your office. K. Prior to submittal of plans for a building permit or within 6 months of the effective date of this ordinance, whichever is sooner, the applicant or its successors or assigns, shall submit a proposed covenant to be recorded with the State of Hawai'i Bureau of Conveyances to the Planning Director for review and approval.... " Mr.Duane Kanuha,Director July 17,2015 Page 5 This proposed covenant relating to down-zoning of A-la zoned area has been incorporated as part of the recorded deed of the property. L. The applicant shall identf' an entity that would be responsible for the management and care of the archaeological/cultural features on that portion of TMK.• 7-5-09: 54 that is not covered by this ordinance. Prior to its designation, the applicant shall solicit the input of the native Hawaiian community and the County Council. Within 60 days of the identification of this entity, this area, with the concurrence of the County Council, shall be conveyed via lease or fee to the identified entity for$1.00. This condition is still being worked upon by Applicant. It should be completed prior to issuance of the Certificate of Occupancy. M. The applicant shall prepare and submit a landscaping plan for the subject site in conjunction with the Plan Approval process.... " This was complied with as evidenced by Final Plan Approval noted in Exhibit D. N. Should any remains of historic sites..., be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. This will be complied with by the applicant or its successors or assigns during construction. O. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy... ." An affordable housing agreement between the previous applicant/owner (Kona Hale Alii, LLC) and the County was executed on March 1, 2007. An Amendment to Agreement between Kukui Development, LLC (new applicant/owner) and the County was executed on October 1, 2014 (Exhibit K). The amendment grants Kukui Development, LLC the new developer an extension of time to comply with this requirement. P. The project shall be developed in a minimum of two phases. The first phase shall consist of no more than forty-five (45) units, which shall include all of the required affordable housing units approved in accordance with Condition Mr.Duane Kanuha,Director July 17,2015 Page 6 0 above...Occupancy permit for the remaining units shall be issued only upon completion of the aforementioned Highway improvements. Applicant received County approval on September 15, 2014 (Exhibit L) on its proposed phasing of build-out to meet the affordable housing requirement. The Kuakini Highway improvements have been completed, rendering the balance of the condition moot. Q. As represented by the applicant, the applicant shall include appropriate restrictive covenants in the deeds of all proposed units within the subject property so as to minimize enforcements by public agencies of any violation of • any applicable State and County ordinances or rules and regulations relating to land use and noise. This condition will be complied with at the drafting of the unit deeds during the Public Report processing. R. The applicant shall comply with all other applicable County, State and Federal laws, rules, regulations and requirements. This will be complied with by Kukui Development, LLC, the applicant/owner and/or its successors or assigns. S. The applicant shall make its fair share contributions to mitigate the potential regional impacts of the subject project... and shall become, with the exception of the parks and recreation fees, due and payable prior to the issuance of the Certificate of Occupancy for any unit on the subject property. The park and recreation fees shall he due and payable prior to the issuance of a building permit..." This will be complied with prior to the issuance of building permits. T. Should the Council adopt a Unified Impact Fee Ordinance ... conditions included herein shall be credit towards the requirements of the Unified Impact Fees Ordinance. This is not applicable,as such an ordinance has not been passed as of this date. U. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director.... Pursuant to this condition, the previous applicant/owner requested and was granted an additional five (5) year extension, retroactive to May 18, 2010, to May 18,2015. Mr. Duane Kanuha,Director July 17,2015 Page 7 HI. NATURE OF REQUEST Condition C required completion of the project within five(5)years of the effective date of the ordinance or May 18, 2010. Condition U enabled the Director to grant an additional five (5) years, which, was approved, and brought the completion deadline to May 18, 2015. In light of the down turn of the economy and the need to update the project to current standards and market requirements, as of May 18, 2015 the project was permit ready only,ready for construction to commence. In light of the above, the applicant is requesting an additional 5-year time extension to May 18,2020. IV. JUSTIFICATION OF REQUEST Just as in the previous time extension request the circumstances or criteria outlined in Condition U whereby a time extension may be granted by the Planning Director also apply for this request. These circumstances and their justification for this extension request follow. A. The non performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. Applicant acquired the property in August 2013 from Kona Hale Ali'i, LLC. Concurrently with the escrow for the purchase Kona Hale Ali'i, LLC/Seller, applied for and received a 5-year extension to Condition C (Complete Construction). This extension was made retroactive from May 2010 so upon consummation of the purchase by Applicant/New Owner, the remaining time to complete construction computed to only 20.5 months. Regrettably, because of the global economic meltdown and the financial crisis, the project remained dormant from 2007, when the previous owner decided to defer construction,to August 2013 when Applicant purchased the property. As a result of this large lapse of time the project conditions, approvals and construction plans needed a fair amount of updating to current County standards and market conditions. Since purchasing the property, Applicant with its intent of developing the property, prepared and submitted updated construction and civil plans for the project, while fulfilling additional conditions of the zoning ordinance. Final Plan Approval was secured on November 12, 2013. The additional conditions fulfilled, included the completion and acceptance of a Solid Waste Management Plan, approval of County sewer system connection by DEM, approval and granting of an extension to the existing Affordable Housing Agreement affecting the property, and securing a Mr.Duane Kanuha,Director July 17,2015 Page 8 grading permit which includes a County Right-of-Way permit for Hualalai Road improvements. Building permits have also been applied for, resulting in approvals from both the Department of Public Works - Engineering and Planning Department as of November 24,2014. The whole time that Applicant processed the project to the new building permit applications they also attempted to secure the required construction financing to complete the project. This became a major time consuming problem, because the global economic meltdown changed the face of the lending marketplace. Applicant encountered numerous roadblocks to securing a construction lender, ranging from a complete moratorium on residential lending to lending on income producing projects only, along with a large constituent of lenders being adverse to lending in Hawaii. Consequently, Applicant ultimately found a construction lender and is currently in underwriting for a projected September 2015 funding date. The recession, outside of the applicant's control, caused this project to be delayed and the ongoing processing by the Applicant during this period evidences no negligence by the Applicant. With a construction loan in place, building permits ready to be pulled, the target market ready and needing new construction and the Applicant fully committed to the construction of this project an additional 5-year time extension seems appropriate at this time, not only for the Applicant and the project but more importantly for the community. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was rezoned, the only significant land use regulatory change was adoption of the Kona Community Development Plan ("CDP") in 2008. As such, this discussion also includes the project's relationship to the CDP. The proposed request is not contrary to the General Plan's Land Use Pattern Allocation Guide (LUPAG) Map that defines the subject property and its immediately surrounding area for Medium Density Urban uses. The most recent revisions to the General Plan (February 2005) did not make any changes affecting the subject site. The current designation on the LUPAG map is the same as when the subject property was initially zoned Resort(V-1.25)and Agriculture(A-la. ) There are a number of commercially-zoned and multiple-family residential uses proximate to the subject site along Kuakini Highway and Hualalai Road. The proposed multiple-family residential project, when completed, will serve the area as well as complement the various urban-type of uses already established in this area. The requested zoning would still be consistent with the goals,policies, and standards of the General Plan document. These are clearly articulated in the Planning Mr.Duane Kanuha,Director July 17,2015 Page 9 Commission's favorable recommendation of the requested rezoning, dated October 19, 2004, and found in Exhibit M. These include pertinent policies on the economic, energy, environment, housing, historic sites, natural beauty, public facilities, coastal resources, and land use elements. Relative to the Kona Community Development Plan (CDP), Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan,the General Plan shall be controlling." Pursuant to the above, the Kona CDP was developed and adopted by the County Council during the latter part of the year 2008. The CDP identified its vision to be "A more sustainable Kona characterized by a deep respect for the culture and the environment...." Pursuant to that vision, several principles were identified. These principles and their relationship to the proposed extension request follow. a. Protect Kona's natural resources and culture. The subject site does not have any critical natural resources, having been partially developed in the past. The site is designated "X" on the Federal Emergency Management Agency's Flood Insurance Rate Map. This is areas outside of the 100-year storm. Appropriate on-site mitigation to accommodate project-generated drainage will be addressed and implemented during the building permit and construction phases of this project. An Archaeological Inventory Survey and Burial Treatment Plan were completed and subsequently approved by the State Historic Preservation Division. The recommended mitigation will be incorporated into the final design and construction phases of the project. b. Provide connectivity and transportation choices. While the project would not result in connectivity, it would make this area along Hualalai Road more pedestrian-friendly. This would be done with the construction ofcurb, gutters,and sidewalk in this area. c. Provide housing choices. This project will achieve this objective through not only the provision of some affordable housing units within the project but just increasing the overall stock of housing in this area. This project would thus complement existing and future Mr.Duane Kanuha,Director July 17,2015 Page 10 residential uses in this area, while helping achieve the affordable housing and housing choice objectives. d. Provide recreation opportunities. Again, this project is not a recreational one per se. Nevertheless,this project will result in enhanced cultural opportunities for the community, its on-site preservation efforts as well as its dedication of an archaeological V cultural park on another portion of an adjoining property. Further, it will still be assessed its recreational and fair share dues, which will be paid prior to issuance of the building permits. e. Direct future growth patterns toward compact villages, preserving Kona's rural, diverse and historical character. The location of this site is proximate and somewhat along the fringe core of Kailua Village. As such,the proposed project would be supportive of the growth of the Village and would thus be consistent with this principle. f Provide infrastructure and essential facilities consistent with growth. The project, as noted above, would provide an opportunity for improved pedestrian movement along Hualalai Road to Kuakini Highway. The applicant will provide the needed infrastructure related to this improvement plus all other utilities(water and sewer)needed to support the project. g. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Land Study Bureau has classified the soil as "E" (E285) or poor. This designation suggests that the site does not have a high potential for agricultural productivity. Given this classification and location of the site (i.e., proximate and/or within the Kailua Village core), the subject area should not practically lend itself to fostering agricultural activities. Nevertheless, the proposed urban use should help reduce pressures for the urbanization of better agricultural lands outside of the urban core. h. Promote effective governance. This principle is not applicable. Mr.Duane Kamilla,Director July 17,2015 Page 11 C. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The reasons for approving the rezoning of this site were articulated in the Planning Commission's letter to the County Council and are found in Exhibit M. The reasons, in summary,and their relationship to the present, included: • Consistency with the General Plan LUPAG map and regional and community planning documents,including the Coastal Zone Management; • Availability of utilities and services; and •Non-impact to traditional and customary Hawaiian rights, and other environmental resources such as the site's flora and fauna; It is thus maintained that the reasons used to support the existing rezoning also apply to the requested time extension. As such, the applicant respectfully requests your favorable consideration of this 5-year time extension request. Should you have questions on this matter, please feel free to direct them to me. Thank you very much. Sincere ,itilro. 41 IF G ge Baker, Manager Kukui Development,LLC Enclosures • , EXHIBIT A ............. COUNTY OF HAWAII - STATE OF HA Xl';�I`IY BILL NO. ;L (Draft 5) ORDINANCE NO. 05 74 AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),ARTICLE 8, CHAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY CODE,BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL(A-la)AND RESORT-HOTt,EL{w(Y/,-1.2 .),TQ;Fs-, r_ MULTIPLE FAMILY RESIDENTIAL(RM-2.5)AT AUHAUKEAE 1ST,NORTH KON4,,;13AW4.PAi . COVERED BY TAX MAP KEY 7-5-9:67 AND PORTION OF 54. E ,,{ 3_ BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-3,Article 8, Chapter 25 (Zoning Code)of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following areas situated at Auhaukeae 1st,North Kona, Hawai`i shall be Multiple Family Residential(RM-2.5): PARCEL A: • • • Beginning at the northeast corner of this parcel of land,being also the southeast corner of Lot B and in the middle of the Great Wall of Kuakini,the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAHELO",being 5,800.51 feet North and 298.26 feet West,thence running by azimuths measured clockwise from true South: Along the remainder of R.P. 7580,L.C.Aw. 11,216,Ap.37 to M.Kekauonobi and;aloug-_the . . ., : middle of the Great Wall of Kuakini for the next eight(8)courses,the dirpct,azirnuths.and distances being: 1. 342° 04' 35" 68.96 feet; 2. 352° 45' 34.35 feet; 3. 344° 54' 21.23 feet; 4. 350° 34' 20.64 feet; • ,;:. .. 5. 344° 15' 31.24 feet; EXHIBIT A -1- • 6. 347° 59' 81.25 feet; • 7. 355° 56' 32.99 feet; 8. 352° 13' 44.81 feet; 9. 82° 07' 30" 491.00 feet along Lot 3-A,Land Grant Application 1874(Map 5); 10. 168° 35' 180.00 feet along the remainder of R.P.7580, L.C.Aw. 11,216, Ap. 37 to M.Kekauohoni(remainder of Lot 1); 11. 87° 59' 47.40 feet along same; 12. 164° 20' 138.25 feet along same; 13. 260° 50' 40" 545.38 feet along Grant 12,013 to William J.Hooper,Jr. (Lot B) to the point of beginning and containing an area of 169,792 Square Feet. PARCEL B: Beginning at the southeast corner of this parcel of land,being also the northeast corner of Lot 1 and in the middle of the Great Wall of Kuakini,the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAHELO",being 5,800.51 feet North and 298.26 feet West,thence running by azimuths measured clockwise from true South: 1. 800 50' 40" 612.61 feet along R.P.7580,L.C. Aw. 11,216,Ap. 37 to M. Kekauonohi(Lot 1); 2. 159° 09' 43" 252.72 feet along the remainder of Grant 12,013 to William J. Hooper,Jr.(Lot A); 3. 249° 09' 40" 50.24 feet along L. C.Aw. 8524-B,Part 3 to Peke(Lot 4); 4. 314° 31' 40" 46.00 feet along Hualalai Road; 5. 303° 01' 40" 50.00 feet along same; 6. 282° 31' 40" 50.00 feet along same; 7. 270° 01' 40" 200.00 feet along same; 8. 252° 02' 40" 270.25 feet along same; 9. 339° 39' 40" 149.55 feet along Grant 1752 to Kawelo and along the middle of the Great Wall of Kuakini; -2- • • 10. 332° 34' 40" 32.92 feet along same to the point of beginning and containing an area of 103,751 Square Feet. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code,the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare;or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant,successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its"Water Commitment Guidelines Policy"within ninety(90) days from the effective date of this ordinance. C. Construction of the proposed development shall be completed within five(5)years from the effective date this ordinance- Prior to construction,the applicant,successors or assigns shall • secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70,Chapter 25 (Zoning Code),Hawai`i County Code. Plans shall identify all existing and/or proposed structures,paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. The applicant shall realign and provide full improvements to the entire frontage along Hualalai Road consisting of, but not limited to,right-of-way and pavement widening with -3- concrete curb, gutter and sidewalk,drainage improvements, and any relocation of utilities _,�� meeting with the:approval of the Department of Public'Works:`Pavement transitions, ` ' ;.;, streetlights, signs and markings, drdihan re.i ovements a irl.relocation of utilities may be gg g P , required. The applicant shall construct and dedicate to the County upon request,the widened street with improvements, at no cost to the County. An approach for the commercial zoned property fronting the opposite side of Hualalai Road(TMK: 7-5-10:13) is required under Ordinance 95 118,to include turning lanes on Hualalai Road. The widened area to be dedicated tp the County shall,if required by DPW,allow for realignment and improvements required by Ordinance 95 118 or successor ordinances. The required widening area S&11-t ot'exbeed the equivalent of a five foot width along the entire frontage, which is approximately one-half the difference between the existing right-of way width and 60 feet. E. As represented by the applicant, a non-gated access to Hualalai Road shall be limited to one approach and may include an additional access which shall be barricaded and used for emergency purposes only. The approaches shall conform to Chapter 22,Streets and Sidewalks,of the Hawaii County Code. A licensed civil engineer shall evaluate the proposed active approach to the subject property for safe ingress and egress,sight distance and conflicts with the proposed turn lane and entry in TMK: 7-5-10:13. The evaluation shall be submitted for approval by the DPW prior to plan approval. If recommended,the applicant shall provide a left storage lane on Hualalai Road to the subject property prior to the issuance of a certificate of occupancy. All sight distances to the approach shall meet with.the reg tire3ients.o€they Uawai!i{Statewide Uniform Design Manual or AASHTO. F. Any ernerge icyvehieular security gate shall be located in a location approved by the Depent of Public Works. G. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjaceht properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to issuance of any construction permit. Recommended drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy. felnut -4- H. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. The applicant shall connect to the County sewer system according to the requirements of the Department of Environmental Management. J. An Archaeological Preservation and Burial Treatment Plan shall be submitted for the review and approval of the Planning Director,in consultation with the Department of Land and Natural Resources—State Historic Preservation Division(DLNR-SHPD). The Preservation Plan shall incorporate appropriate mitigation measures resulting from the impact of any: fence and/or wall constructed along the boundaries of the subject site subject to the archaeological and cultural features of the adjoining properties identified by TMK: 7-5-9:55 and portion of 54. Proposed mitigation treatment for the burial sites within the subject property shall be approved by the SHPD's Hawai`i Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Preservation and Burial Treatment Plan shall be submitted to the Planning Director for its files prior to submitting plans for Final Plan Approval review or prior to the issuance of any land alteration permits,whichever occurs first.Appropriate interim preservation buffers and measures acceptable to the Planning Director shall be installed between any historic sites in the zoned areas before any land disturbance occurs on the property. A separate Preservation Plan for that portion of TMK: 7-5-9:54 that is zoned A-1 a shall be submitted to SHPD prior to any mechanical disturbance or issuance of any land disturbance permit of that area. K. Prior to submittal of plans for a building permit or within 6 months of the effective date of this ordinance,whichever is sooner,the applicant or its successors and assigns,shall submit a proposed covenant to be recorded with the State of Hawaii Bureau of Conveyances to the Planning Director for review and approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. Said restrictive covenant,recorded against TMK: 7-5-09: 54 that is zoned A-1 a, shall acknowledge that the applicant or its successors or assigns has consented to a County- initiated rezoning of the A-1 a zoned area into the Open district.and the prohibition of any development or improvement of that area in such a way as to interfere with or negatively affect the archaeological and historic features of such area, as determined by the State -5- c. Historic Preservation Office. Furthermore,no mechanical disturbance or land disturbance ! ,;.,,: permit for the parcel shall occur or be issued until the covenant has been duly recorded. L. The applicant shall identify an entity that would be responsible for the management and care of the archaeological/cultural features on that portion of TMK: 7-5-09:54 that is not covered by this ordinance. Prior to its designation,the applicant shall solicit the input of the native Hawaiian community and the County Council. Within 60 days of the identification of this entity,this area,with the concurrence of the County Council,shall be conveyed via lease or fee to the identified entity for$1.00. M. The applicant shall prepare and submit a landscaping plan for the subject site in conjunction with the Plan Approval process. Said plan shall reflect,where feasible,the use of native and water-conserving plants to comply with the guidelines outlined in PIanning Department Rule No. 17 relating to landscaping. N. Should any remains of historic sites,such as rock walls,terraces,platforms,marine shell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources—State Historic Preservation Division (DLNR-SHPD)shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. • O. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11,Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall apply to,as represented by the applicant,40%of all residential units in excess of the entitled eighty(80)units on TMK: 7-5-9:67. P. The project shall be developed in a minimum of two phases, The first phase shall consist of no more than forty-five(45)units,which shall include all of the required affordable housing units approved in accordance with Condition 0 above. Final occupancy permit for the first phase shall be issued no earlier than June 30,2006,which is the scheduled completion of the -6- fll�� V A `+fPF Ar�4r" on-going Kuakini Highway improvements. Occupancy-permit for the remaining units shall t.* •ofR Rawl' be issued on upon completion of the aforementioned Iighwayimprovements. NG DEPARTMENT Q. As represented by the applicant,the applicant shall include appropriate restrictive covenants in the deeds of all proposed units within the subject property so as to minimize enforcement by public agencies of any violation of any applicable-State and County ordinances or rules and regulations relating to land use and noise. R. The applicant shall comply with all applicable County, State and Federal laws,rules, regulations and requirements. S. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject project with respect to parks and recreation, fire,police and solid waste disposal facilities and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of additional multiple family residential units proposed to be developed by the amounts allocated herein below for each such unit, and shall become,with the exception of the parks and recreation fees,due and payable prior to the issuance of the Certificate of Occupancy for any unit on the subject property. The parks and recreation fees shall be due and payable prior to the issuance of a building permit. The fair share contribution, in a form of cash, land,facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $6,206.06 per multiple-family residential unit. Based upon the applicant's representation of intenttoVoVe'lbp&total bftwdlva02)additional multiple-family residential units,the indicated total of fair share contribution is$74,472.72 for the additional multiple-family residential units. However,the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: • 1. $3,061.27 per multiple family residential unit for an indicated total of$36,735.24 to the Catirit ''di• if tie'County Council so agrees,directly to the entity so designated under Condition L to further the objectives of Condition L and to support park, cultural,and recreational improvements and facilities; -7- 2. $96.75 per multiple family residential for an indicated total of$1,161.00 to the County to support police facilities; 3. $297.62 per multiple family residential unit for an indicated total of$3,571.44 to the County to support fire facilities; 4. $132.65 per multiple family residential unit for an indicated total of$1,591.80 to the County to support solid waste facilities; 5. $2,617.77 per multiple family residential unit for an indicated total of$31,413.24 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone,based on the percentage change in the Honolulu Consumer Price Index(HCPI).In lieu of paying the fair share contribution,the applicant may construct such facilities related to park, fire,police and solid waste disposal facilities subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the Hawaii County Council. T. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees,conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. U. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant,successors or assigns,and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. . • . -8- 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e.,a condition to be performed within one year may be extended for up to one additional year). V. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: • COUNCIL MEMBER,COUN ' I ' •W I INTRODUCED BY: COUNCI yr BER,COUNTY O'/• WAI'I Hilo ,Hawai`i Date of Introduction: April 2 0, 2 0 0 5 Date of 1st Reading: April 2 0, 20 0 5 Date of 2nd Reading: May 4, 2005 Effective Date: May 18, 2005 l"iYER7itia: Ct-"r i4I. 100.4 1 OFFICE OF THE COUNTY CLERK County of Hawai`i Hilo, Hawai'i (Draft 4) Introduced By: Pete Hoffmann/K.Angel Pilago Li.:J � �iii i i )=I ZELLVOTE Date Introduced: April 20, 2005 AYES NOES ABS EX First Reading: April 20, 2005 *,• •. .- X ' ' zi Published: May 1, 2005 Higa X • Hoffrnann X REMARKS: Holschuh X December 21, 2004 - Deferred Ikeda X Isbell X Jacobson X Pilago X Safarik X 8 0 1 0 Second Reading: May 4, 2005 (Draft 5) , To Mayor: May 11, 2005 ROLL CALL VOTE Returned: May 18, 2005 AYES NOES ABS EX Effective: May 18. 2005 Arakaki X Published: May 24. 2005 Higa X Hoffrnann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 • I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO ziter.„41(firi? FORM AND LEGALITY: ia� ?oma COUNCIL CHAIRMAN EPUTY CORPORATION COUNSEL Jj COUNTY OF HAWAII se(t -G•(./ 1 Date "A ��0012-5 COUNTY CLERK Bill No.: 367 (Draft 5) •••rov•• Disapproved this t'6fJ. day C-100.4/PC-124 Reference: of �^ , 20 OS . Ord No.: 05 74 iR, COI ' •F HAWAII A 5a a�N jt' . A-ft ... t 4 1110 �4i CN 20 A, RM-2 5 aee�443-2' CN-20 .���� = ,,rRM-4 v 'c,ftiliti /1441fae pi* ' - - .• '''. .. . ' '. A PARCEL"B" A 5a .�.1r Nualaia� RESO-T-HOTEL(V u2.1 TO aid Rh14 MULTIPLE- AMILY RESID-31X j.. gni'kr P/ 4.44 103,751 SQ.Ff 01 Rsu 5,800.51 -100 • 2 -7-t--.1 1:Jap# j kif r air RM-4 = X---1 tritT8271 Artir ,4-_� 298 26 w A < 44RO-3.75 RMI RD-3.75 7f'^�'` "MECO'® eL "R01:75 �► CV-7.5 traMEnfi��a, ,4,`_ , '__________GRICULTU -+`L(A•la)TO 512271 .f� ,j. I -LE-FAMILY - SIDEN ._.�,-2.5 169,7�2 SQ.FT "rAir A•iacium RM-2 RM,,� g � RM•2 Kua n(Hwy. • j CV-Z5/ 1'144. I � RM-1 OPEN CV-10 V•.75 I. O RM-f ; —?.75`.A� tD ` ir r .., RM-4 V- 5 V-.75 ]!� OPEN '�� V? `. . Itim Aff f prOPEN �' RS-'10 V-.TS irirAi,,liliti,m, a RS-7.5 m 0x0 I » _ um x10 2100 1025 AMENDMENT TO THE ZONING CODE .- - • --, AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) AND 25-8-5 (KAILUA URBAN ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL (V-1,25)AND AGRICULTURAL (A-1a) TO MULTIPLE-FAMILY RESIDENTIAL (RM-2.5) AT AUHAUKEAE 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK:.7-5-009:067&POR.054 Date:December 14,2004 EXHIBIT"A" I I (Kona Hale All'l,LLC:1147) EXHIBIT B �+°f•* BJ Leithead Todd William P.Kenoi �P,•�;r' t'k!o' Mayor Director y' Margaret K.Masunaga Deputy West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawall 1 Hilo,Hawaii 96720 Phone(808)323-4770Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961.8742 October 15,2012 Mr.Sidney Fuke,Planning Consultant 100 Pauahi Street,Suite 212 Hilo,HI 96720 Dear Mr.Fuke: Change of Zone Ordinance No.05-74(REZ 04-022) Applicant: Kona Hale Alii,LLC Request: A-1 a and V-1.25 to RM-2.5 Subject: Administrative Time Extension for Condition C TMK: 75009:0671 This is to acknowledge receipt of your letter dated October 8,2012,requesting an administrative time extension to comply with Condition C(complete construction)of Change of Zone Ordinance No. 05-74. Condition U allows for an administrative time extension for a period not to exceed the period originally granted. Based on the reasons within your letter,we will grant a 5-year time extension to May 18,2015 to comply with Condition C. Please be informed,however,should you need an additional extension of time to comply with Condition•C,your request and reasons,along with 20 copies of that request shall be forwarded to the Planning Commission with a$250 filing fee. A public hearing will be held by the Planning Commission,who will forward their recommendation to the County Council. In reviewing our files,we acknowledge that Final Plan Approval was issued on March 13,2006. We are requesting that you confer with the Kona Planning Department regarding the status of the Plan Approval. If you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, As' dBI LEI BAD TODD Planning Director J WD:srnrl P:lpubliclwpwin601JeffLetters\Tithe ExtlLFuke-AdrinTER•CondC-REZ04-22.doc cc w/copy of letter: Kona Planning Department www.cohplaimingdept.eam Elawal'i county is an Equal Opportunity Provider and Employer planning@cod,nwaii.hi.us EXHIBIT C • (" o Harry Kim :cS- N' . Christopher J.Yuen %4 Mayor 1 Director == Roy R.Takemoto �'.- Deputy Director 'of'iti• - County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 March 13, 2006 Mr. Sidney Fuke 100 Pauahi Street Suite 212 Hilo,Hawaii 96720 Dear Mr.Fuke: PLAN APPROVAL APPLIED FOR: 92-Unit Multi-familyCondominium TMK: 7-5-009:067 (formerly 7-5-009: por of 054 and 067) We have reviewed and approved the plan for the subject proposed project for FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL,dated March 6,2006, for your file. Please note any conditions of approval included as part of the FINAL PLAN APPROVAL. These conditions must be complied with prior to occupancy of the project,or as otherwise conditioned. Should you have any questions,please contact Norren Kato of our West Hawaii Office at 327- 3510. Sincerely, 4.404:01" STOPHER J. If Planning Director NK:nk K:1Staff Norren\PALettcrmerge.doc cc:West Hawaii Office EXHIBIT C Hawai'i County is an equal opportunity provider and employer COUNTY PLANNING DEPARTMENT FINAL PLAN APPROVAL APPLICANT: DATE APPROVED: Kona Hale Alii,LLC March 6,2006 LOCATION: TAX MAP KEY: North Kona 7-5-009:067(FORMERLY 7-5-009:POR OF 054 AND 067) PARCEL AREA: ZONE: 273,543 square feet RM-2.5 PROPOSED USE: 92 Unit Multi-familyCondominium As Shown on Plan Comments • Front Yard(North): 20'-0" OK,20'-0"Minimum required Rear Yard (South): 20'-0" OK,20'-0"Minimum required Side Yard(Mauka): 18'-0" OK, 10'-0"Minimum required Side Yard(Makai): l0'-0" OK, 10'-0"Minimum required Ht. of Structure: 32'-0" OK,45`-0"Maximum allowed Access to parking: Driveway access to Hualalai OK,Must comply with the requirements of the Road. Department of Public Works. Off-Street Parking: See Condition No. 4. OK, Multi-Family 23 buildings x 4 units per building=92 units Shown Per Plan: 164 stalls provided.4 of the 164 92 units x 1.25 stalls per unit= 115 stalls provided is handicap accessible. 1 of the 4 handicap TOTAL REQUIRED= 115 stalls stalls is van accessible. 5 of the 115 stalls must be handicap accessible. 1 of the 5 handicap stalls must be van accessible. Loading and Unloading Space: See Condition No. 5. 1-12'x50' OK, 1-12'x50' stall required. stall provided. Density: 92-units per plan. OK, 273,543 square feet/2,500 square feet per unit= 109.42 or 109 maximum units. Fencing and Walls: Material: Hawai'i County is an equal opportunity provider and employer , 1 Final Plan Approval(TMK:7-3-009:067(FORMERLY 7-3-009:POR OF 054 AND 067)) 3/6/05 Page 2 of 2 Height: Location: Landscaping: Plans by Leonard Bisel OK, Complies with Rule No. 17 of the Planning Department's Rules of Practice and Procedure. Others: Tax Clearance OK,Per letter of tax clearance from RPT dated 12/7/2005. Ordinance No 05-74 OK KVDC OK-1/10/2006 Conditions: • 1. Approved parking to be paved,striped, and appropriate signage installed prior to issuance of the Certificate of Occupancy. 2. Approved landscaping to be installed and maintained prior to issuance of the Certificate of Occupancy. 3. Applicant shall comply with all other applicable laws,rules,regulations and requirements of Hawai'i County. 4. A Revised Site Plan shall be submitted prior to submittal of Building Permits showing 2 additional handicap stalls. If you provide more than 151 stalls, and less then 200 stalls,you must have 6 handicap stalls. 1 of the 6 must be handicap van accessible. 5. 1-12'x50' loading stall is provided however,the Site Plan does not show its 43'apron. The apron must be immediately in front or behind the loading stall. Please revise the site plan to show this. 4:4(//4d10e2ie-) 4panning Date /''(t 7 7Dj PD 11/99(MsWord) EXHIBIT D William P.Kenoi Mgrr,r ; �: Duane Kanuha Director Bobby Command ;S►��_• Deputy DitVrvr,r West Hawaii Mire East Hawaii Office 74-5044 Ane Kcuhokaloie Hwy • �i 101 Pauahi Street,Suite 3 Ulna-Kona,Hnwai'i 96740 County of �Iawal� Hilo,Hawaii 96720 Phone(808)123-4770 Phone(808)961-8288 Fnx(808)327.3563 PLANNING DEPARTMENT Fax(808)961-8742 November 12,2013 Mr. George Baker Kukui Development LLC 2549-B Eastbluff Dr.,Suite 475 Newport Beach, CA 92660 SUBJECT: FINAL PLAN APPROVAL(PLA-13-000996) 92-Unit Residential Apartment Complex TMK:7-5-009:067,75-216 Hualalai Road,Kailua-Kona,North Kona Dear Mr. Baker: We have reviewed and conditionally approved your Plan Approval application and plans for the above-referenced phase of development. Enclosed is a copy of the FINAL PLAN APPROVAL, dated November 12,2013 for your file. Please note the conditions of approval included as part of the FINAL PLAN APPROVAL. These conditions must be complied with prior to and during occupancy of the proposed structures,or as otherwise specified. Should you have any questions,please contact Keola Childs of our West Hawaii office at 323-4770. Sincerely, 9 (I AN A A ' Planning Director CKC:ckc \\Coh33\planning\public\Plan Apprmals\71PLA 11.000996 Kukui Dc'.75009067 Ltr due Enclosure: Final Plan Approval PLA-13-000996 copy by email: Ali Ghalamfarsa www,cohplanningdcpt.com Hatrui t Count stun EqualOpporttmttr Protides and Lruplaecr• planning@co.hawaii.hi.us COUNTY OF HAWAII PLANNING DEPARTMENT FI_ PLAN APPROVAL PLA-13-000996 APPLICANT: DATE APPROVED: Kukui Development LLC November 12,2013 LOCATION: TAX MAP KEY: 75-216 Hualalai Road,Kailua-Kona,North Kona 7-5-009:067 PARCEL AREA I PROJECT SITE AREA: ZONING: 6.2797 Acres Multiple-Family Residential(RM-2.5) PROPOSED USE: 92-Unit Residential Apartment Complex—Condominium Property Regime(CPR) As Shown on Plan Comments Front Yard (Hualalai Road) 20'—0" OK, 20'-0"Minimum required Rear Yard 20'—0" OK, 20'-0"Minimum required Side Yard (West) 10'—0" OK, 10'-0"Minimum required Side Yard (East) 22'—7" OK. 15'-0"Minimum Archaeological Buffer (Kuakini Wall)required(no projections allowed) Ht,of Structures 30'—10"to roof ridge OK, 45 feet maximum height limit Access to parking Driveway access from Hualalai OK. Road Off-Street Parking 164 standard size spaces OK, exceeds minimum requirement of 115 spaces including 6 ADA Accessible spaces(two of which and meets requirement of 6 ADA Accessible spaces are Van Accessible) for the 164 spaces provided,one of which must be van-accessible. Parking requirements calculation: 92 dwelling units at 1.25:1 ratio = 115 spaces Loading and Unloading Space 1. One 12' x 50' OK, one required Density 92 dwelling units,one dwelling unit per OK. 109 dwelling units permissible(273.543 sq.ft. 2.973 sq.ft. To be constructed in two phases,with @ 2.500 sq.ft.per d.u.= 109.4=109 maximum). Phase 1 comprising 44 dwelling units Per Condition P of rezoning Ordinance No.05-74, the development shall be constructed in two or more phases with the first phase not exceeding 45 units. Fencing and Walls: Material fence surrounding pool/common area OK. Height five and six feet OK. Location center of property(interior) OK. Final Plan Approval(TMK:7-5-009:067) November 12,2013 Page 2 of 3 Exterior Lighting Not shown OK, all exterior lighting shall comply with HCC. Chapter 14 Landscaping 10'deep landscape buffer fronting OK, Complies with Rule 17 of the Planning Hualalai Road—landscaped arch.buffer along Department's Rules of Practice and Procedures Kuakini Wall,and other landscaping per plans Others Tax Clearance OK, Dated 11/12/13 Site Drainage Plan OK, Approved by Dept.of Public Works 10/29/13 REZ-04-000022(Ordinance 05-74) OK,subject to compliance with conditions of rezoning approval set forth in Ord.05-74,including but not limited to those referenced below in Conditions of this Plan Approval Conditions of Approval: 1. Prior to occupancy or use of the facilities,all parking spaces shall be striped and signed, including ADA parking and access aisle signage.and the landscaping irrigation system shall be demonstrated as being operable prior to occupancy or use of any of the proposed facilities. 2. All proposed landscaping shall be irrigated and maintained in good condition per approved landscaping plan with no litter or excessive accumulation of plant debris. 3. Property Owner and occupants shall comply with all conditions of County Ordinance 05-74 rezoning the subjectproperty to the RM-2.5 zoning district. Compliance shall include,but not be limited to,the following requirements: a. Relating to Conditions D.E and F of Ord.05-74: i. All construction drawings necessary to meet the requirement for improvement/realignment of the identified portions of Hualalai Road and location of the access driveway(s)shall be completed and approved by the Countyl)epartment of Public Works(DPW)and the Planning Department prior to submittal of any application for a building permit. ii. The site plan for all building permit applications shall depict: 1. both the existing property boundary line and the metes and bounds of the approved realigned boundary line along Hualalai Road.and 2. The distance of the proposed buildings from both the existing Hualalai Road property line and the approved realigned boundary line. All structures shall be shown to comply with the twenty foot front yard(building setback line)as measured from both the existing boundary line and the approved future Hualalai Road boundary line. Final Plan Approval(TMK: 7-5-009:067) November 12,2013 Page 3 of 3 iii. Prior to requesting any Certificate of Occupancy for any dwelling unit: 1.All required improvements relating to Hualalai Road shall be completed and approved as such by DPW.and 2. The requisite dedication deed for the road right-of-way land area to be conveyed to the County of Hawaii shall have been reviewed and approved by DPW. b. Relating to Condition P of Ord.05-74,the development shall be constructed in a minimum of two phases with no more than forty-five(45)dwelling units comprising the first phase. c. Relating to Condition S of Ord.05-74: i. Fair Share contributions for parks and recreation facilities shall be paid prior to application for a building permit for any dwelling unit:and ii. Fair Share contributions for all other named purposes shall be paid prior to application for a Certificate of Occupancy, 4. No Modifications to Plans without Prior Written Approval, All work shown on the development plans covered by this Final Plan Approval shall be completed as shown. No additions,substitutions or alterations to the site,parking,landscaping,or building design plans covered by this Final Plan Approval,nor any modification of the types of uses designated therein,shall be made without prior written approval of such changes by the Planning Department. A request for approval of such changes shall be submitted in writing and include scaled plan sheets clearly depicting and specifying all proposed changes. Upon assessing the requested changes.the Director may approve or deny the requested changes or require a new,complete application for Plan Approval where the Director finds the changes to be substantial. Prior to approval of a Certificate of Occupancy(C.O.).the Planning Department may inspect the subject property to verify compliance with the approved plans. A C.O. shall not be approved where the buildings,site improvements,landscaping or use plans are found by the Director to be inconsistent with the submittals for which this Final Plan Approval is issued. 5. The property owner shall comply with all other applicable laws,rules,regulations and requirements of Hawai`i County. 6. This Final Plan Approval is valid for two years from the date of approval,and shall expire on November 12,2015. r- ,ja,i1..rlir Director ate November 12.2013 \\Coh33\planning\public\Plan Approvals\7\PLA-13-000996 Kukui Dev 75009067 Form.doc EXHIBIT E William P.Kenoi , i4 Warren H.W.Lee Mayor yT'r Director Walter K.M.Lau 'for++�.:0 Brandon A.K.Gonzalez Managing Director Deputy Director Count of Aniont`x DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street,Suite 7•Hilo,Hawaii 9672014224 (808)961-8321•Fax(808)961-8630 www.co.hawaii.hi.ns • June 26, 2014 Mr. Mark Grant Engineering Partners, Inc. P.O. Box 4159 Hilo, Hawaii 96720 SUBJECT: CONSTRUCTION PLAN APPROVAL Subdivider: Kukui Development, LLC. Subdivision Name: Hale Nanea Condominiums Change of Zone Ordinance 05-74 . Tax Map Key: 3/7-5-009:067 • The civil construction plans for the subject project have been approved by this department. Please be informed that after the construction plans have received all other • required approvals, please provide a copy of the signed cover sheet to our department for our approved file set. We will not approve grading or grubbing permits, nor permits for work within the County right-of-way related to the subject project until we receive the above and the signed cover sheet is provided on all permit plan submittals. For the required Permit to Work within the County Right of Way, please provide a copy of the UIC "permit to construct"any drywells located fully or partially within the existing County Right of Way along with any application including such drywell work. Documentation of injection well (dry well) compliance with Chapter 23, Underground Injection Control (UIC), Administrative Rules, Department of Health will be required for future dedication acceptance of the widened right-of-way area by the County. Please be informed that DPW or the Planning Director may withhold the issuance of certificates of occupancy for the condominium structures pending completion of required on-site and off-site improvements shown on these approved civil plans. If you have any questions, please feet free to contact Kiran-Emler of our Kona office at 4851. B ISHII, Division Chief Engineering Division cc: Planning Director ENG-Hilo/Kona Kukui Development, LLC County of Hawai`i is an Equal Opportunity Provider and Employer. EXHIBIT F ,w; Received 1 , w JUN 02 2014 - NEIL ABERCROMBIE i'I Lam.- % ' ' LINDA ROSEN,M.D.,M.P.H. tl�t r GOVERNOR OF HAWAII � :. DIRECTOR OF HEALTH '"%%1---7,44 MKA �ama•a�' STATE OF HAWAII DEPARTMENT OF HEALTH Inreply,please refer to: Ab: P.O.BOX 3378 2972Mayot.dou HONOLULU,HI 96801-3378 May 23, 2014 Mr. George Baker Owner Kukui Development LLC 1 Corporate Plaza Drive, Suite 110 Newport Beach, CA 92660 Dear Mr. Baker: SUBJECT: HALE NANEA CONDOMINIUMS (DRAINAGE WELLS) UNDERGROUND INJECTION CONTROL (UIC) UIC APPLICATION NO. UH-2972 GRANTED APPROVAL-TO-CONSTRUCT (ATC) TWO (2) DRAINAGE INJECTION WELLS We acknowledge receipt of your application for a UIC permit. Your application has been assigned the number listed above. Please list this number in all future correspondence. This ATC is hereby granted to you, the applicant, strictly based on the following twelve conditions. These conditions, unless identified as a recommendation, are enforceable under Hawaii Administrative Rules (HAR), Sections 11-23-07(c) and (d). Enforcement may include, and not be limited to, monetary penalties and corrective action paid by the applicant. 1. Only applicable are the information, specifications, and plans that were provided in the UIC application dated April 7, 2014 and received by the Department of Health (Department) on April 22, 2014. All other types or forms of information/materials are not applicable unless acknowledged and approved by this ATC; 2. The injection well (IW) amount per the application is two (2). The approximate diameter and depth below ground surface of the injection wells are: IW# 1 and 2: 60 inches diameter; 40,75 feet maximum depth Mr. George Baker May 23, 2014 Page 2 The proposed injectant is generally categorized as surface runoff generated from rainfall over roadways; 3. Any modification or revision to the drainage injection well's particulars, including the facility and application, shall not occur unless such proposals are first submitted to the UIC program for review, concurrence, and written approval under this ATC. Any modification, revision, or construction involving the injection well done without written authorization will constitute a violation of HAR, Chapter 11-23; 4. Operation of the drainage injection well is not automatically authorized by this ATC. Furthermore, construction and testing of the drainage injection well does not guarantee that the drainage injection well will be authorized for operation under a UIC permit. Depending on the information obtained during and from construction and testing, a UIC permit may or may not be issued; 5. The applicant is responsible to identify all drinking water sources around the injection wells in order to prevent injection well siting within one-quarter mile of any existing drinking water source. Identifying water sources may require field activities as well as records research. Noncompliance with this requirement may result in improper injection well siting needing corrective action by the applicant which includes proper backfilling and abandonment of the injection well; 6. If an artesian groundwater condition is encountered during the injection well drilling/construction, drilling shall immediately stop and not proceed until the artesian condition is assessed by the Department. The applicant is required to promptly notify the Department for an assessment. An artesian groundwater condition may warrant a redesign of the injection well in order to protect the artesian aquifer as an underground source of drinking water. For reference, artesian aquifer requirements and restrictions are described under HAR, Section 11-23-10; 7. If a void, such as a lava tube or solution cavity, 3 feet or more in diameter or vertical measurement is encountered during injection well drilling/construction, drilling shall immediately stop and not proceed until the void is assessed by the Department. The applicant is required to promptly notify the Department for an assessment. A void may warrant a redesign of the injection well in order to prevent unacceptable migration of the injectant or to prevent direct injection into the void. For reference, voids are described under HAR, Section 11-23-09 (f); Mr. George Baker May 23, 2014 Page 3 8. Each drainage injection well shall be constructed to allow for the following continuous or periodic, permit-required activities related to operating and maintaining a drainage injection well: injection well access, injection well depth and diameter measurement, injectant flow measurement (quantity metering) when applicable, injectant pressure measurement (metering) when applicable, and injection performance testing; 9. Pursuant to HAR, Section 11-23-13, submit the final report for the enclosed outliner."Final Report Form For Drainage Injection Wells." This report shall be made and signed by a geologist and a professional engineer, including the P.E. stamp. The engineer and geologist shall be responsible for monitoring the proper construction of the injection well and for obtaining the information needed to complete the final report. Please remember that the drainage injection well must be inspected by the geologist before any liners or concrete rings are installed. This inspection is necessary to produce the lithologic log of the drainage injection well; 10. The final report is due by two years from the date of this ATC letter. The final report shall be fully complete and satisfactory. Unless the final report is submitted by the due-date, this ATC automatically expires and is void. A late final report may subject the applicant to an enforcement action/penalty or corrective measures, including a permit reapplication. If more time beyond the due-date is needed to complete the final report, a written request with reasons for a time extension must be submitted at least 60 days before the due-date. Time extensions are not guaranteed, and if granted, may contain restrictive conditions; 11. Backfilling and abandonment of an injection well, should such an activity become necessary, whether during construction or after full well completion, may only occur under the instructions from the Department. An abandonment application must first be submitted, and specific abandonment instructions will be issued by the Department. Drilling contractors under their own discretion should not backfill and abandon an injection well; and 12. Rainfall runoff flowing into a newly constructed drainage injection well might occur, and such a condition does not necessarily trigger a violation for using the injection well without a UIC permit. However, unless the applicant proceeds expeditiously in completing the application requirements to obtain the UIC permit, the Department may pursue corrective measures and penalties through enforcement. Mr. George Baker May 23, 2014 Page 4 If you have any question about the final report, or the processing of your application, please contact Mr. Mark Frazier of the UIC Program, Safe Drinking Water Branch at 808-586-4258 (Honolulu) or call from Big Island the direct toll free number 974-4000, ext. 64258. Sincerely, STUART YAMADA, P.E., CHIEF Environmental Management Division MF:nbp Enclosure: Final Report Form For Drainage Injection Wells c: Mr. Yen Wen Fang, P.E. Engineering Partners, Inc. P.O. Box 4159 Hilo, HI 96720 (w/encl.) FINAL REPORT FORM FOR DRAINAGE INJECTION WELLS For Office Use UNDERGROUND INJECTION CONTROL (UIC) UIC APPLICATION NO. UH-2972 1. Facility Name: HALE NANEA CONDOMINIUMS (DRAINAGE WELLS) Address: Project's TMK: 2, Latitude: Longitude: NAD: 3. Name of Owner: Address: 4. Name of Operator: Address: 5. Drainage Injection Well System: (account for all constructed wells!) Number of Drainage Injection Wells: Design Capacity(total): Date(s) of Construction: Injection Well Dedication: [ ]yes [ ] no To: Describe any change from original proposal: Drainage Injection Well No. As-Blt. Diameter As-Bit. Depth Grd. Elev. 6. Hydrogeologic Characteristics: Attach the following to this report: a. Lithology(geologic profile including soil and rock descriptions,and geologic conditions of significance)of the following drainage injection well: Well No. 1 b. Injection test results which shall include a brief description of the test and shall state the maximum rate of discharge into the drainage injection well. Injection testing shall be conducted on drainage injection well: Well No. 1 7. Attach an as-built drainage injection well location plan on an 8 1/2"x 11"or 14"OR 11"x 17"paper. • 8. This report shall include the Department's"Signatory and Certification Statement"signed and dated by the operator or legal representative of the facility. 9. This report must be signed by the geologist and licensed engineer and shall bear the engineer's stamp. 10. The date of this Final Report is 1 of 1 SIGNATORY AND CERTIFICATION STATEMENT FOR UNDERGROUND INJECTION CONTROL(UIC)SUBMITTALS Submitted Statement shall bear an original signature and date. Photocopy signatures are unsatisfactory. e-Permitting Submission No. — AOA Certification for Application for Facility Name: Please check one: I certify that for a municipality, I am a principal executive officer or ranking elected official. r- I certify that for a state, non-federal or other public agency, I am a principal executive officer or ranking elected official. riI certify that for a federal agency, I am the chief executive officer of the agency, or I am the senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. I certify that I am a general partner for a partnership. I certify that I am the proprietor for a sole proprietorship. EI certify that I am a trustee for a trust. ® I certify that for a corporation/association of apartment owners/home owners association, I am the President, Vice President, Secretary or Treasurer of the corporation/association of apartment owners/home owners association and in charge of a principal business function, or I perform similar policy or decision making functions for the corporation/association of apartment owners/home owners association. I certifythat for a corporation, I am the manager of one or more manufacturing, production r or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding$25 million (in second-quarter 1980 dollars), and authority to sign documents has been assigned or delegated to me in accordance with corporate procedures. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information, the information submitted is,to the best of my knowledge and belief,true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signature: Date: Name (Print): Title: Company Name: Address: Phone Number: Fax Number: Email: CertificationSignatory.doc Rev. 2/10/2012 EXHIBIT G County of Hawai'i DEPARTMENT OF PUBLIC WORKS-ENGINEERING DIVISION GRADING PERMIT NO. � i Fee:$ Of. 2€' Check only-payable to: County Director of Finance Owner: Kukui Development LLC Address: 2549B East Bluff Drive#475 Phone: 949-933-2411 Newport Beach,CA,92660 Civil Eng.!Surveyor: Engineering Partners Inc. Address: 455 E.Lanaikaula Street Phone: 808-933-7900 License No.: 9361-C Hilo,HI,96720 Contractor: TBD Address: Phone: License No.: Location: 75-216 Hualalai Road,Kailua-Kona Tax Map Key: (3) 7-5-009: 067 Cut(CY): 4,600 Parcel Area(acre): 6.28 acresArea to be Graded(acre): 6.36 acres Disposal Site: Start Date: OPb2.5/.2f/ Completion Date: 04/02//2(6/s Fill(CY): 21,600 (minimum 2 working days after issuance date) Borrow Site: Grading Includes work within County R.O.W. t v.-{z,i h '7-/ Remarks: veo.-s i Ss., �.,"7 c¢ o„e- i^e✓47'4 fie-r-1-r-; r + -74:5 Wo 1- k T e Go/r'-6, 1fr jh -4, ,"= Y/7, / / .$ //e., c3/--,2cli y 74c) /,-,-70 le71e. c:,4,7 y h Q 7('74-'.5 i.4 2 /h 742".2..,tii i .74Lr-e pe-1-- S;Ile) CDe,ye,fop.-,-e., f a�lzrxs fear- /"/ale A.Jzd-ea G�,-7co ,'' I v 1..-.,5 933-7653(Hawai'i Island) 40 Pookela Street,Hilo,HI 96720 d P-0=i• o S-©74 1 1. STATE DLNR-HISTORIC PRESERVATION DIVISION Approved: ..5�_ Z /.i/7 ed 4.9 ri,c5,' 2 .=.14. 3{,/4Date: Received By: Date: �o�. �./•o. /40.8 ,^tel v/,;,3 Z-,.//4- 2. PLANNING DEPARTMENT Approved: Received By: - -et, Date: 74Oh/ ".o.�" Date: Vt<, 9/f 3. DEPARTMENT OF PUBLIC WORKS App for Permit Issuance: Received By: /#1' � Date: /,--/;c/ t/P Date: 63,41/ I hereby certify that all work as requested above will conform to hap to/ 0 of t = HaWai`i County Code. �� Owner; tkv;.Lj ---Df:vE1Fo/✓�.jy L1,._C. ¶4IJ 1H164.4 a 0Date; pi,--2rUNls ,V=w l- cio9 .24;3°721 Return to the Department of Public Works, Engineering Division, upon completion of work. Certification Accepted by: Date: (DPW inspector/engineer) BOB County of Hawai`i is an Equal Opportunity Provider and Employer DPW Form 33(1) COUNTY OF HAWAII Rev 7/30114 DEPARTMENT OF PUBLIC WORKS—ENGINEERING DIVISION PERMIT TO WORK WITHIN THE COUNTY RIGHT-OF-WAY CHECK ALL APPLICABLE BOXES: 5 Construct new driveway approach rL� Type of Driveway: ❑ Asphalt Driveway Use: 0 Commercial 0 Resurface/repair existing driveway approach 0 Concrete 0 Residential [Et Construct or repair sidewalk g[ Other(describe work): a.� rea 4 9 /-71L,2/2 /z ,aacJ 7-roe, f/%� /—/z/e �a,ie..a C6nc4nser,,`r r v w. WIDTH OF APPROACH/DIMENSION OF WORK: 600 FT. x FT. ESTIMATED COST: $ TAX MAP KEY: Name of County Road/Street START DATE: COMPLETION DATE: WORKING HRS: (Minimum two working days after to approval) (Monday thru Friday) PERMITTEE: MAILING ADDRESS: PHONE NO.: CONTRACTOR: MAILING ADDRESS: PHONE NO.: LICENSE NO.: IN CONSIDERATION OF GRANTING THIS PERMIT,THE PERMITTEE UNDERSTANDS AND AGREES TO: (Permittee initial on each line below) _wSubmit with this permit a copy of DCAB's Document Review confirmation; _Agree to hold harmless, indemnify and defend the County of Hawai'i, its officers, employees and agents thereof, from all claims, demands, suits, actions,or proceedings of every name, character, and description which may be brought against the County of Hawai'i for or on account of any injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts of the holder of this permit for actions done under this permit. [HAWAI'I County Code Section 22-4.2(7)]; Submit with this permit a certificate of insurance and proof of a public liability insurance policy naming as an additional insured, the County, its officers, representatives, employees, and agents covering any claim or liability for damages, injuries or death resulting from any of the uses permitted hereunder. The minimum amount of coverage under such policy shall be $1,000.000 per occurrence. The policy and coverage shall be kept in force until all work under this permit is completed to the satisfaction of the director of the department of public works. [Hawaii County Code Section 22-4.2(8)];and Comply with all conditions as printed on the back of this permit. [Hawaii County Code Section 22.4.4]. By initialing above and signing below,the Permittee certifies that the Permittee has legal authority to sign in the capacity stated,and the Permittee understands and agrees that the terms and conditions of this permit are a legally binding contract. AGENCY USE ONLY By: I Final Acceptance Date: Permittee's Signature Date By: APPROVED: Inspector's Signature Comments: Director,Department of Public Works Date PERMIT NO: FEE: / /e-•5 County of Hawai`i is an Equal Opportunity Provider and Employer DPW Form 33(2) Rev 7/30/14 CONSTRUCTION PERMIT CONDITIONS OF APPROVAL (Hawai'i County Code Section 22-4.4) In addition to any other conditions imposed by Chapter 22 of the Hawaii County Code, all permits issued pursuant to this article shall be subject to the following conditions: 1. The applicant shall notify the director at least 413 hours before the commencement of any work within the county street. 2. The applicant shall maintain public safety while working in a county street by using barricades, construction signs, markings, warning lights,traffic control personnel and other devices according to the"Manual on Uniform Traffic Control Devices for Streets and Highways"on file in the Department of Public Works, 3. Unless otherwise permitted by law, the applicant shall keep at least one traffic lane open for two-way vehicular traffic during the working hours of the day and at least two traffic lanes open during non-working hours. When the work interferes with a sidewalk, the applicant shall also provide for the safe passage of pedestrians including the disabled around or through the work area. 4. For any excavation work,the application shall verify the location of all existing private and public utilities and shalt be responsible for notifying all utilities affected by the construction 4£1 hours prior to commencing any work. Should an existing utility be damaged,the applicant shall immediately notify the affected utility. 5. The applicant shall be responsible for notifying all property owners affected by the construction 48 hours prior to commencing. 6. No material,except the trench excavated material,shall be stockpiled closer than 6-feet from the existing edge of pavement. 7. No construction equipment shall be parked or any materials stored in the county street in such a manner that the equipment or materials will obstruct or prohibit pedestrian and vehicular movements, including driveway movements, except during actual working hours. 8. No excavation shall be left open for more than 5 working days. 9. The applicant shall repair, restore, or replace all portions of a county street, including but not limited to utilities, drainage ways and structures, traffic markings and signs, driveways and private property that had been altered, broken up, dug up, disturbed, undermined, dug under or otherwise damaged during construction to a state equal to or better than its original condition. Regardless of existing conditions, work shall also include the construction of new curb-cuts for the disabled, accessible driveways or other improvements such that all repairs,restoration; or replacement work complies with the current requirements of the Americans with Disabilities Act(ADA). 10. Before issuing a permit,for all work with an estimated cost equal to or exceeding$20,000,the director may require a cash bond, surety company bond,or personal surety bond in favor of the county. The value of the bond shall be double the estimated cost of restoring or replacing the county street to a state equal to or better than its original condition. 11. Work must be completed within one year of the starting date shown on the permil unless otherwise specified. Failure to begin or complete the work will result in the termination of the permit. 12. Repair, restoration or replacement of county streets, highways and sidewalks shall comply with applicable specifications and plans on file in the department of public works. Copies of these specifications and plans shall be furnished to each applicant upon making a request. 13. Driveway approaches shall be constructed or repaired according to the provisions of this chapter and applicable specifications and plans on file in the Department of Public Works. Copies of these specifications and plans shall be furnished to each applicant upon making a request. 14. Upon completion of the work,the applicant shall immediately remove all equipment and materials and shall leave the work area in a clean,safe and sanitary condition satisfactory to the director. 15. All restoration and repair work of the pavement, shoulders and any other county facilities shall be guaranteed by the applicant against any defects for a period of one year from the date of final inspection. 16. No work within the County right-of-way shall be done on Saturdays, Sundays and holidays anytime without prior approval from the Department of Public Works. Work on normal working days shall be limited between the hours of 7:00 a.m.to 3:30 p.m. County of i I iu 'i ie an Iigirrl Opparun it Nut ilio,tnJ I;nipI i Rev.7/34/14 County of Hawaii DEPARTMENT OF PUBLIC WORKS-ENGINEERING DIVISION Permit to Work within the County Right-of-Way APPLICATION INSTRUCTIONS 1. The Applicant shall provide three (3) sets of plans to the Department of Public Works. The plans shall include the dimensions of work relative to the road and property lines, type of asphalt or concrete pavement,swales(or other drainage devices) and any other relevant information. 2. All work shall be in accordance with Chapter 22-County Streets, of the Hawai'i County Code, and as shown on the approved plans. 3. As required, all work shall be performed by a licensed contractor. The contractor may sign the permit on behalf of the Permittee. 4. The Applicant shall provide a copy of DCAB's "Document Review" confirmation letter with the application. A copy of DCAB's form and associate fee schedule can be found at http://health.hawaii.gov/dcab/files/2013/01/HRS-103-50-Transmittal-Form-Dec-2012.pdf. 5. If not already on file with the Department of Public Works, the contractor shall provide a certificate of insurance specifically naming as an additionally insured, the County, its officers, representatives, employees, and agents as required by Hawai'i County Code. 6. The issued permit will become null and void if the authorized work is not completed within one(1)year of the issuance date. 7. If you are closing a road, at least two (2) weeks before the scheduled closure, complete an application form and drop it off at the Police Department's Traffic Services. (Application Forms are available from Traffic Services 961-2227 or 961-2226). Attach a map of the area, to the application. The Police Department will route the application through all applicable County agencies for approval. County of Hawai`i is an Equal Opportunity Provider and Employer EXHIBIT H , .r KUKUI DEVELOPMENT, LLC T - �r 2549-B Eastbluff Drive,Suite 475 Newport Beach,CA 92660 949-933-2411 ar. September 15,2014 Ryan W.Dixon County of Hawai'i Department of Environmental Management Solid Waste Division 345 Kekuanao'a Street,Suite B Hilo,HI 96720 RE: NEW CONSTRUCTION WASTE MANAGEMENT PLAN HALE NANEA CONDOMINIUMS PERMIT: PENDING TMK: 7-5-009; 67 LOCATED AT: 75-5799 KUAKINI HWY,KAILUA-KONA,HI 96740 CONSTRUCTION WASTE MANAGEMENT PLAN Project: Hale Nanea Condominiums Project Description: Ground up 92 residential condominium subdivision. Owner: Kukui Development,LLC 2549-B Eastbluff Drive, Suite 475 Newport Beach,CA 92660 949-729-1660 Contractor: George Baker 2549-B Eastbluff Drive, Suite 475 Newport Beach,CA 92660 949-7291660 1. Waste Management Goals. A. The Waste Management Plan (the"Plan") shall be maintained throughout the Project. B. The waste management requirements will be developed and in place prior to the start of any work and shall conform to state and local regulations and practices for projects of the scale and nature of the Project. C. Safety meetings shall occur on the following schedule: There will be weekly safety meetings with onsite personnel and subcontractors. Monthly meetings with the owners of the project and the project superintendent to inform the owners of the ongoing status of adhering to this Waste Management Plan. Waste prevention and recycling activities will be discussed at each safety meeting. Attendance at the safety meeting is mandatory for any onsite personnel and each subcontractor actively working on the Project or whose work is expected to commence prior to the next regularly scheduled safety meeting. Attendance by an authorized representative of the mandatory participants is acceptable. D. All recycling containers will be clearly labeled. Lists of acceptable and unacceptable materials will be posted throughout the site. E. The Project will recycle or salvage for reuse approximately Fifty Percent (50%) or more of the waste generated on-site. F. During the course of the Project,the Project Manager for the Contractor will keep a waste management progress report, and upon completion of the Project, the Project Manager will submit the report indicating all waste stream activities to the Contractor and Owner and the local community at large. 2. Contractor and Subcontractor Responsibilities. A. Subcontractors that the Contractor currently knows of or expects to contract with on the Project in regards to Waste Management are identified on Exhibit "A" attached hereto. All other trade subcontractors are not known at the time of creating this Waste Management Plan but upon awarding the trade contracts Exhibit"A"will be updated and attached to the Waste Management Plan onsite for inspection by any interested agencies and/or individuals. B. It will be the Contractor's duty and responsibility to collect signatures from each subcontractor identified on Exhibit"A"prior to their commencement of any work on the Project confirming their receipt of a copy of this Plan and their agreement to abide by its terms. The Contractor shall use a copy of the acknowledgement document (the "Acknowledgement") attached hereto as Exhibit "B" to obtain the subcontractors' signatures. C. The Contractor will be responsible for updating Exhibit "A" from time to time when subcontractors not already identified become known. A copy of the updated Exhibit"A" shall be distributed to the Owner upon request. D. The Contractor will be required to ensure that all subcontractors, whether identified on Exhibit"A"or not, comply with the Waste Management Plan. Each subcontractor, upon signing the Acknowledgement, will be required to ensure that their crews comply with the Plan. E. As each new subcontractor comes on-site, the Contractor will present the subcontractor with a copy of the Waste Management Plan, collect the subcontractor's signature on the Acknowledgement and provide the subcontractor will all necessary information to assist in the subcontractor's ability to comply with the Plan. 3. Expected Project Waste, Disposal, and Handling. The following charts identify waste materials expected on this Project,their disposal method, and handling procedure. Non-Hazardous Demolition/Construction Waste Type of Waste Anticipated Volume of Destination of Waste Handling Generated Waste(CY) Organics;green waste 40 cubic yards Mauna Lani Resort Stockpile in clearly Assoc. labeled separate bins or area for recycling. Drywall 40 cubic yards West HI Sanitary Place in general Landfill trash bins. Wood Framing Materials 40 cubic yards Atlas Recycling Stockpile in clearly labeled separate bins or area for recycling. Carpet 3 cubic yards West HI Sanitary Place in general Landfill trash bins. Ceramic Tile 4 cubic yards West HI Sanitary Place in general Landfill trash bins. Wood Soffit&Siding 20 cubic yards Atlas Recycling Stockpile in clearly labeled separate bins or area for recycling. CMU&Concrete 20 cubic yards West Hawaii Concrete Stockpile in clearly labeled separate bins or area for recycling. Paper Products 40 cubic yards Atlas Recycling Stockpile in clearly labeled separate bins or area for recycling. Scrap Metal Materials 4 cubic yards Big Island Scrap Metal Stockpile in clearly labeled separate bins or area for recycling. Plastic 3 cubic yards West HI Sanitary Place in general _ Landfill trash bins. Household Hazardous- None-subcontractor Leftover paint kept by Subcontractor Paint retains sub. retains for other jobs. Glass 3 cubic yards West HI Sanitary Place in general Landfill trash bins. Exhibit"A" Superior Sanitation 73-4840 Kanalani Street, PMB Kailua-Kona,Hawaii 96740 Exhibit"B" Acknowledgement I acknowledge that I have received on behalf of the subcontractor identified below a copy of the Hale Nanea Condominiums Project Waste Management Plan(the "Plan"). I certify that I have read the Plan and that I agree, on behalf of the subcontractor identified below,to abide by the Plan's terms and the obligations set forth therein. I certify under penalty of perjury that I am an authorized representative of the subcontractor identified below. SUBCONTRACTOR NAME OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE EXHIBIT I �6_,,, County of Hawai[ • ,-1:3`+i.. • Department of Public Works BUILDING DIVISION Application#: Permit Fee: ;';, A2014-BK01357 BUILDING PERMIT APPLICATION $505.00 -3.;';_ NOTIFICATION TO APPLICANTS L)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B 3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR •I CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A ..F PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION .r',. WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;61 DATA PROVIDED HEREIN IS PUBLIC INFORMATION, SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE ?:, Legal Owner: HALE'NANEA CONDO Mailing Address: CONDO MASTER ?`ti,i Lessee,Tenant: Mailing Address: :;t.:;. Plans By: ALI GHALAMFARSA • r; Builder: Mailing Address: 'f Cattc C. Vs . Scope or Work: X❑New ❑Alteration ❑Move 0 Reconstruction X❑Electrical ❑Addition ❑Repair ❑Demolition ❑Emergency ❑Plumbing ❑Photovoltaic ❑Solar Water Heater If 1-AF— ": Description of Work:A 264SF OFFICE WITH AIR CONDITIONING. (NO PLUMBING). eC.c__- Estimated Valuation For All Work to be Performed: $100,000.00 . Project Address:750216 HUALALAI RD APPLICANTS OUALIFICATION: (SEC.44-HRS) Tt CONTRACTOR/O t ER-BUILDER DECLARATION ':': I declare that I am licensed under the provisions of Chapter 444, HRS,of the Department of Commerce&Consumer Affairs,State ;: of Hawaii.My license No. 3330 ' is In full force and effect. <r. NOTE:RME(Responsible Managing Employee)only to sign.Notarized authorization from RME required for designated ..'<: agents. I declare an exemption under Sec.444-2( )for the following reasons: L)this exemption allows me,as the owner or lessee of •:` the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself; 3)to hire ;:- licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public,5) building will not be built for sale or lease within one(1)year after construction is complete. 'r;' I hereby acknowledge that the information I have provided Is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that If I violate any of the provisions of Sec.444-HRS,I may be lined per Sec. 444-23 HRS. - Tifr t APPLICANT DATE •:0100.,/, T SHALL OBTAIN THE FOLLOWING APPROVALS IN NUMERICAL SEQUEN • / I 1.Plan-1. Date 2.Engineering .20/4- 3.DOH-Wastewater Date O - 13AsS 1 Oy u► ait- irf•.—1 01 c'? fr. 4.Di- -Sanitation /Date 5.Wastewater at 6. +as.1- Dat - ate 8.Plumbing e 9.Electrical Date :: Da G 1 I.Building a e County of Hawai'i is an Equal Opportunity Provider and Employer TMK: 7-5-009-067-0000 •t . d E Not .f .eC{ I / ,;i 71 County of Hawaii .F.............. Department of Public Works BUILDING DIVISION • Application#: Permit Fee: • A2014-BK01411 BUILDING PERMIT APPLICATION $92.30 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE i APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FORA PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM-ISSUANCE DATE OF THIS PERMIT;5)SEPARATE,PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING:61 DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW -PLEASE PRINT WITH BLACK BALLPOINT OR TYPE • Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: Mailing Address: . Plans By: ALI GHAIAMFARSA • Builder: G0oiZ.GI" c., Ws., ER Mailing Address: . • Scope of Work: [X New ❑Alteration ❑Move ❑Reconstruction Ej Electrical • ❑Addition ❑Repair ❑Demolition ❑Emergency ❑Plumbing • ❑Photovoltaic 0 Solar Water Heater Description of Work:A 30 X 2ISF NEW TRELLIS OVER A POOL.POOL BY SEPARATE PERMIT APPLICATION. ELECTRICAL ONLY. Estimated Valuation For All Work to be Performed:$10,000.00 V Project Address:750216 HUALALAI RD h. , • APPLICANTS OUALIFICATION: (SEC.44-HRS) CONTRRCTOR/OWNER-BUILDER DECLARATION I declare that I am licensed under the provisions of Chapter 444,HRS,of the Department of Commerce&consumer Affairs,State of Hawaii.My license No,3330$ is in full force and effect. NOTE: RME(Responsible Managing Employee) only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of • the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general publIc;5) building will not be built for sale or lease within one(1)year after construction is complete. I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. r APPLICANT DATE ,1 —.1 •PPA•NT SHALL OBT N THE FOLLOWING APPROVALS IN NUMERICAL S 74 ., NCE //� milli/ LovAhvy 1 0, .Plannin Date 2.Engineering a 3.`■'I. Wastewater Date t/cry � z1l14 Q Riew," ll CU•1- :'0 - V4sf-//its 4.OOH-Sanitation 6, Dat 1 5.W astewat Date II 6. to 7.Pk: bing Da e f 8.Electrical • D 9.B ding e County of Mawai'i is an Equal Opportunity Provider and Employer TMK:7-5-009-067-0000 I( E-Notified /1-'° County of Hawaii • "�` Department of Public Works BUILDING DIVISION Application#: Permit Fee: A2014-I3K01356 BUILDING PERMIT APPLICATION $805.00 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B•3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAiD MUST BE RECEIVED BY THE BUILDING DIVISION . WITHIN 90 DAYS FROM ISSUANCE DATE OFTHIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. ` SECTION A APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER 3•` Lessee,Tenant: Mailing Address: • Plans By: ALI GHALAMFARSA i • Builder: Erznit•Be c...L3t .ER Mailing Address: • . Scope of Work: ❑X New 0 Alteration 0 Move 0 Reconstruction []X Electrical ❑Addition [J Repair ❑Demolition ❑Emergency 0 Plumbing ❑Photovoltaic ❑Solar Water Heater ' Description of Work:A OPEN COVERED 1,376SF PAVILION WITH SINK&2 GRILLS.A 3065F BATHROOM BUILDING CONSISTING OF BOTH A MEN'S AND A WOMEN'S AREAS AND A POOL EQUIPMENT ROOM. Estimated Valuation For All Work to be Performed:$200,000.00 .� • Project Address: 750216 HUALALAI RD • ' APPLICANTS OUALIFICATION: (SEC.44-HRS) • , CONTRACTOR/OWNER-BUILDER DECLARATION • - I declare that I am licensed under the provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. 735305 is in full force and effect. NOTE:RME(Responsible Managing Employee)only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire i. licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction Is complete. I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws • regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. APPLICANT DATE • SEC ."P "LI • SHALL OBS THE FOLLOWING APPROVALS IN NUMERICAL SEQUEN -0, , , 07 nil/ •- -4.4.,, . �l71(' 1.Piannin Date 2.Engi Bering Da 3.D -Wastewater Date t3/25A4 I &. I- ciI eatf- k • ., r 4.DO. - an tation `Datee 5.Wastewater Coate 6.S, : % ? 1 Dat • lli W . re - ate 8.Plumbing Dat 9.Electrical "Date 10. .ufdiing it- = County of Hawai'i is an Equal Opportunity Provider and Employer TMX.:7-5-009-067-0000 ,. '.4Totifled I t2,LE, • . --9 County of Hawaii , Department of Public Works BUILDING DIVISION Application#; Permit Fee: A2014-BK01557 BUILDING PERMIT APPLICATION $4165.00 NOTIFICATION TO APPLICANT:i)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTIONS.3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK iS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAW MUST BE RECEIVED BY THE BUILDING DIVISION , � WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, is DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN 1S PUBLIC INFORMATION. } :a SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant; Mailing Address: • '; Plans By; ALI GHALAMFARSA i Builder: &-r°oftGe G. lAiceg Mailing Address: Scope of Work: XD New ❑Alteration ❑Move ❑Reconstruction X❑Electrical • 0 Addition ❑Repair ❑Demolition ❑Emergency ❑u Plumbing ❑Photovoltaic Q Solar Water Heater • . Description of Work:HALE NANEA CONDOMINIUM BLDG B&C TYPE"C"(B UNITS-FOUR UNITS ON THE FIRST FLOOR AND FOUR UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS.EACH UNIT CONSISTS OF 1,365 OF LIVING AREA(2 BEDROOMS,3 FULL BATHS,A DEN,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 231SF LANAI AND ENTRY.SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed:$1,320,000.00 Project Address;750216 HUALALAI RD • APPLICANTS QUALIFICATION: (SEC.44-HRS) . CONTRACTOR/OWNER-BUILDER DECLARATION ' I declare that I am ricensed under the provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.,My license No. 33o$' is in full force and effect. • NOTE; RME(Responsible Managing Employee)only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons; 1)this exemption allows me,as the owner or lessee of the property,to ad as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building Is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. • • • APPLICANT DATE f • � . T - ,LL BT;N THE FOLLOWING APPROVALS IN NUMERICAL SEQU kE:. //il 2_4 1.Planning /� Date 2.En In ng ,i5a 3. i'.H-Wastewater Date �} �%.0-A Co+.hllf , t l��. e� a j 1g q- ri�.1+.1. • l 4.DOH-Sanitation Date 5,Wastewater Dat }`W i to A Date LI 2 1 �ir-'r +at• 8.Plumbs g Date 9.Electrical Date • .411 Iri'..4.-. / .1 ,/ 10. :ufkfing as e • County of Hawal'I Is an Equal Opportunity Provider and Employer TMK: 7-5-009-4-0000 • 'rNotified r l /2y --,— County of Hawaii Department of Public Works BUILDING DIVISION . Application#: Permit Fee: A2014-BKO1570 BUILDING PERMIT APPLICATION $4165.00 • NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OFTHIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE , Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant; Mailing Address: Plans By: ALI GHALAMFARSA Builder: Geo G. (,p cER Mailing Address: , Scope of Work: QX New 0 Alteration 0 Move 0 Reconstruction QX Electrical l Addition 0 Repair ❑Demolition ❑Emergency pX Plumbing • 0 Photovoltaic XI Solar Water Heater Description of Work:HALE NANEA CONDOMINIUM BLDG D&E TYPE"C"(8 UNITS-FOUR UNITS ON THE FIRST FLOOR AND FOUR UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS. EACH UNIT CONSISTS OF 1,365 OF LIVING AREA(2 BEDROOMS,3 FULL BATHS,A DEN,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 231SF LANAI AND ENTRY.SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For Ali Work to be Performed:$1,320,000.00 Project Address:750216 HUALALAI RD APPLICANTS OUALIFICATTON: (SEC.44-HRS) CONTRACTOR/OWNER-BUILDER DECLARATION ' I declare that I am licensed4ad..er the provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. •D-.6606 is in full force and effect. NOTE: RME(Responsible Managing Employee)only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons:1)this exemption allows me,as the owner or lessee of . the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. • 444-23 HRS. • APPLICANT DATE E r f- /'� ••..• ! SHALL,OBTAIN THE FOLLOWING APPROVALS IN NUMERICAL SEQUENCE* IVA fit Da 3.0.14astewater bat I.Planning Date 2.Engineering • ,/203/4- 4.D -Sanitation Date 7 5.Wa tewa---A, be} i g I 74_ /*/F' ,ate 8.Plumbing Date 9.Electrical Date .•-•-t—.-----/( ;:rif -1 . 1'.Building D•-e • County of Hawal'l is an Equal Opportunity Provider and Employer TMKI 7-5-009-067-0000 • iEl-Notified 1 County of Hawaii Department of Public Works BUILDING DIVISION Application#: Permit Fee: • 42014-BK01573 BUILDING PERMIT APPLICATION $2185.00 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED DR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN Ys PUBLIC INFORMATION, SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER • Lessee,Tenant: Mailing Address: Plans By: ALI GHALAMFARSA Builder: 6-ebt2.Cy1'? t.RAKE(? Mailing Address: Scope of Work: Q New 0 Alteration 0 Move 0 Reconstruction p Electrical ❑Addition ❑Repair ❑Demolition ❑Emergency Q Plumbing ❑ Photovoltaic Solar Water Heater Description of Work;HALE NANEA CONDOMINIUMS BLDG F TYPE"A"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS. EACH UNIT CONSISTS OF 1,006SF OF LIVING AREA(2 BEDROOMS,2 BATHS,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 206SF LANAI AND ENTRY. SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed:$660,000.00 Project Address: 750216 HUALALAI RD APPLICANTS QUALIFICATION:. (SEC.44-HRS) CONTRACTOR I OWNER-BUILDER DECLARATION • I declare that I am IIcenselundggr the provisions of Chapter 444;HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. 6350XX Is In full force and effect. NOTE:RME(Responsible Managing Employee) only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons;1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building Is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. I hereby acknowledge that the Information I have provided is true and correct.I agree to comply with of County and State laws regulating building construction.I fully understand that If I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. APPLICANT DATE SHALLp BTyN THE FOLLOWING APPROVALS IN NUMERICAL SEQUENCE: evi,07 y•-• q(16/6‘ 1.Planning Date /� PIA Kt( Da 3.DOH-Wastewater 1Date 4i If Cif�-f K A Kt(t wj alt lLf 1k P A) L1/ (1141 4. ►.H-Sanitation D tj 5.Wastewater Date 6. V P" ; --�—�• County of Hawaii Department of Public Works • BUILDING DIVISION Application#: Permit Fee: A2014-BK01574 BUILDING PERMIT APPLICATION $2185.00 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE,PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6IDATA PROVIDED HEREIN IS PUBLIC INFORMATION. • SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: Mailing Address: Plans By; ALI GHALAMFARSA Builder: e•. t<r(2 Mailing Address: Scope of Work: g New ❑Alteration ❑Move ❑Reconstruction Electrical ❑Addition ❑Repair 0 Demolition • 0 Emergency Ej Plumbing 0 Photovoltaic Q Solar Water Heater Description of Work:HALE NANEA CONDOMINIUMS BLDG G TYPE"B"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS. EACH UNIT CONSISTS OF 1,188SF OF LIVING AREA(2 BEDROOMS,2 BATHS,1 POWDER ROOM,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 224SF LANAI AND ENTRY.SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. • Estimated Valuation For All Work to be Performed:$660,000.00 Project Address:750216 HUALALAI RD • APPLICANTS QUALIFICATIONS (SEC.44-HRS) CONTRACTOR/OWNER-BUILDER DECLARATION I declare that I am licensed under Ube provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Newell.My license No. 333 06 is in full force and effect. NOTE: RME(Responsible Managing Employee) only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons:1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. i hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that If I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. APPLICANT DATE j Cf:: j •L.L2BIN THE FOLLOWING APPROVALS IN NUMERICAL SEQL. beiN_ .41100 PYP " /isehiCr 1.Planning Date 2.Engineering, sate f3.DOH-Wastewater Date lattLI 4.D s - •natation Date 5.Wastewater Dat 6. , D 7.Fir: s 8.Plumbing Date 9.Electrical ate / 10. B ding Da County of Hewer!Is an Equal Opportunity Provider and Employer TMK: 7-5-009-067-0000 °-�YAta,�aed .y------ County of Hawaii Department of Public Works BUILDING DIVISION Application#: Permit Fee: A2014-BK01576 BUILDING PERMIT APPLICATION $2185.00 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B:3)ISSUED PERMIT BECOMES NULL AND VOiD IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADINGS 6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: • Mailing Address: • Plans By: ALI GHALAMFARSA Builder: Get)17.-Sta C.. L,Ai GR. Mailing Address; Scope of Work: ❑X New 0 Alteration 0 Move 0 Reconstruction f]X Electrical ❑Addition ❑Repair 0 Demolition 0 Emergency XC 3 Plumbing ❑Photovoltaic QX Solar Water Heater Description of Work:HALE NANEA CONDOMINIUMS BLDG H TYPE"A"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS,EACH UNIT CONSISTS OF 1,006SF OF LIVING AREA(2 BEDROOMS,2 BATHS,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 206SF LANAI AND ENTRY. SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed:$660,000.00 Project Address:750216 HUALALAI RD APPLICANTS DUALIFICATION: (SEC.44-HRS) CONTRACTOR/ OWNER-BUILDER DECLARATION I declare that I am licensed ugider tjige provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. .5630X Is in full force and effect. NOTE: RME(Responsible Managing Employee)only to sign.Notarized authorization from RME required for designated agents. • I declare an exemption under Sec.444-2( )for the following reasons:1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. APPLICANT DATE ..moi: AL17108T/IN THE FOLLOWING APPROVALS I,NUMERICAL SEQUENCE• 4000/4" .49r 1ft 4 lit /Of 1. pig Date `V 2.Enginelaring Da' 1 3.DOH-Wastewater Date L q i I (r 0,10.4:t144-4 'U U t(I t r`4, , . `� 4.DOH- anitatlon Date 5.Wastewater Date 6!,$.. +te Da glto(id' ' - Date �`��!�� •. e 8.Plumbing Date tectricai 10.B ding Da County of Hawal'i is an Equal Opportunity Provider and Employer TMK: 7-5-009-067-0000 • E Notified ,/ • County of Hawaii Department of Public Works BUILDING DIVISION Application#: Permit Fee: A2014-8K01577 BUILDING PERMIT APPLICATION $2165.00 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FORA PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: Mailing Address: Plans By: ALI GHALAMFARSA Builder: G8Z1R.frg C. ' KrcfR Mailing Address: Scope of Work: X❑New ❑Alteration 0 Move ❑Reconstruction D Electrical ❑Addition ❑Repair ❑Demolition 0 Emergency X❑Plumbing ❑PhotovoltaicXQ Solar Water Heater Description of Work:HALE NANEA CONDOMINIUMS BLDG I TYPE"A"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS. EACH UNIT CONSISTS OF 1,006SF OF LIVING AREA(2 BEDROOMS,2 BATHS,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 206SF LANAI AND ENTRY. SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed:$660,000.00 Project Address:750216 HUALALAI RD APPLICANTS OUALIFICATION: (SEC.44-HRS) • CONTRACTOR/OWNER-BUILDER DECLARATION • I declare that I am licensed underer a provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. 3330Is in full force and effect. NOTE: RME(Responsible Managing Employee)only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all County and State laws • regulating building construction.I fully understand that If I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. • APPLICANT DATE SE i'74 or SHALL 90 TAJ"THE FOLLOWING APPROVALS IN NUMERICAL SEQQI 1.Planning Date 2.Engineering Oa 3.DOH-Wastewater Date Irslrte# Q i Ei eh. I .4 4.DOH- anitatbn r ate 5.Wastewater ratel 6 . Id It a-, Dat 4 � � 1`r{' te8.Pi `Date 9 lectrtca� �Date ��`Y 10. 7 uilding 0. • County of Hawaii is an Equal Opportunity Provider and Employer TMK: 7-5-009-067-0000 L. • • E-Notifi gd County of Hawaii Department of Public Works BUILDING DIVISION Application#: Permit Fee: A2014-BKOI580 BUILDING PERMIT APPLICATION $2185.00 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee, Tenant: Mailing Address: • Plans By: ALI GHALAMFARSA Builder: &et'CzGe- BAKeR Mailing Address: Scope of Work: ED New 0 Alteration ❑Move ❑Reconstruction 0 Electrical ❑Addition ❑Repair ❑Demolition ❑Emergency XQ Plumbing Photovoltaic OX Solar Water Heater Description of Work:HALE NANEA CONDOMINIUMS BLDG L TYPE"A"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS.EACH UNIT CONSISTS OF 1,006SF OF LIVING AREA(2 BEDROOMS,2 BATHS, KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 206SF LANAI AND ENTRY. SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed:$660,000.00 Project Address:750216 HUALALAI RD APPLICANTS QUALIFICATION: (SEC.44-HRS) CONTRACTOR I OWNER-BUILDER DECLAAATJON I declare that I am licensed underahe provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. 3330 Is In full force and effect. NOTE:RME(Responsible Managing Employee) only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons:1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. - I hereby acknowledge that the information I have provided Is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. APPLICANT DATE HALL 9BTAIN THE FOLLOWING APPROVALS IN NUMERICAL SEQUELA , tcr 1.Planning Date 2.Engineering • 3.DOH-Wastewater Date 9p city 4.DOH-Sanitation Date 5.Wastewater Date 6111% 6 .-G,• Date 9 /z �- 16[14 /0" `7/;01/4‘1 fir 7.re D e 8.Plumbing Date Electrical Date J.� f10. Building Da-- County of Hawaii is an Equal Opportunity Provider and Employer TMK:7-5-009-D67-0000 E-Notified County of Hawaii • Department of Public Works BUILDING DIVISION Application#: - Permit Fee: A2014-8K01581 BUILDING PERMIT APPLICATION $2185.00 NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BYTHE BUILDING DIVISION WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING:6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: Mailing Address: Plans By: ALI GHALAMFARSA Builder: ogA ,-T G 13�KG(� Mailing Address: GirrScope of Work: El New ❑Alteration ❑Move 0 Reconstruction ❑X Electrical Addition ❑Repair 0 Demolition 0 Emergency El Plumbing ❑Photovoltaic XQ Solar Water Heater Description of Work: HALE NANEA CONDOMINIUMS BLDG M TYPE"A"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS. EACH UNIT CONSISTS OF 1,006SF OF LIVING AREA(2 BEDROOMS,2 BATHS,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 206SF LANAI AND ENTRY. SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed:$660,000.00 Project Address:750216 HUALALAI RD APPLICANTS QUALIFICATION; (SEC:44-HRS) CONTRACTOR/OWNER-BUILDER DECLARATION I declare that I am licens under Ute provisions of Chapter 444,FIRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. 3 ow is in full force and effect. NOTE: RME(Responsible Managing Employee)only to sign.Notarized authorization from RME required for designated agents. I declare an exemption under Sec.444-2( )for the following reasons: 1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. I hereby acknowledge that the information I have provided Is true and correct.I agree to comply with all County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. 444-23 HRS. APPLICANT DATE L . SHALL 9STpl THE FOLLOWING APPROVALS IN NUMERICAL SEQUENCE: /j • 1/10/1 �f L4 1 1.Planning Date 2.Engineering Da t 3. v,a - astewater bate q tt�"t! A V1 }(IL 1�.w, 1 9414-, 4.DOH-Sanitation Date�/ 5.Wastewater q Dae 6.S + 'ste. Dat 4. col 7.F e 'a•to 8.Plumbing Date - 9.Electrical 1 10.B,ildMg D- - County of Hawaii is an Equal Opportunity Provider and Employer TMK: 7-5-009-067.0000 N-Notified County of Hawaii Department of Public Works BUILDING DIVISION Application#: Permit Fee: A2014-BK01SB2 BUILDING PERMIT APPLICATION $2185.00 • - NOTIFICATION TO APPLICANT:1)SECTION A MUST BE COMPLETED BEFORE PROCESSING BY BUILDING DIVISION COMMENCES;2)THE APPLICANT SHALL BE RESPONSIBLE TO OBTAIN ALL APPROVALS IN SECTION B;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR.A PERIOD OF 120 DAYS AFTER WORK HAS COMMENCED;4)REFUND REQUEST FOR PERMIT FEE PAID MUST BE RECEIVED BY THE BUILDING DIVISION . WITHIN 90 DAYS FROM ISSUANCE DATE OF THIS PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS, DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC INFORMATION. SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR TYPE Legal Owner: HALE NANEA CONDO Mailing Address: CONDO MASTER Lessee,Tenant: Mailing Address: Plans By: ALI GHALAMFARSA • Builder: G- 'aR € C.. $AKER Mailing Address: Scope of Work: XCi New ❑Alteration ❑Move ❑Reconstruction El Electrical • ❑Addition ❑Repair ❑Demolition 0 Emergency Plumbing ❑Photovoltaic [i Solar Water Heater Description of Work:HALE NANEA CONDOMINIUMS BLDG N TYPE"A"(4 UNITS)-TWO UNITS ON THE FIRST FLOOR AND TWO UNITS ON THE SECOND FLOOR ACCESSIBLE BY EXTERIOR STAIRS.EACH UNIT CONSISTS OF 1,006SF OF LIVING AREA(2 BEDROOMS,2 BATHS,KITCHEN,LIVING ROOM,AIR CONDITIONING,WASHER/DRYER HOOK UP,A 206SF LANAI AND ENTRY. SOLAR HOT WATER PANELS ON ROOF-TANK IN INDIVIDUAL UNITS.GARAGES BY SEPARATE PERMIT. Estimated Valuation For All Work to be Performed:$660,000.00 Project Address:750216 HUALALAI RD APPLICANTS OUALIFICATION: (SEC.44-HRS) CONTRACTOR/OWNER-BUILDER DECLARATION . I declare that I am licensed un er e provisions of Chapter 444,HRS,of the Department of Commerce&Consumer Affairs,State of Hawaii.My license No. 3 b Is in full force and effect, NOTE: RME(Responsible Managing Employee)only to sign.Notarized authorization from RME required for designated agents, I declare an exemption under Sec.444-2( )for the following reasons:1)this exemption allows me,as the owner or lessee of the property,to act as my own general contractor without possessing a license;2)to supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and not for the use or occupancy by the general public;5) building will not be built for sale or lease within one(1)year after construction is complete. • I hereby acknowledge that the information I have provided is true and correct.I agree to comply with a County and State laws regulating building construction.I fully understand that if I violate any of the provisions of Sec.444-HRS,I may be fined per Sec. • 444-23 HRS. APPLICANT DATE $_•r SHALL O�BT N�THE FOLLOWING APPROVALS IN NUM RICAL SEQUENCE. � dflgT C.V1Al Zi' . z C ----/"--(71)-`9' ^�►' 1.Planning Date 2.Engineering 'a It 3.DOH-Wastewater ate ' ` `— 911101;4 atunttag, gj 1_0I .7 4.DOH-Sanitation Date 5.Wastewater Da j1.o' W= t- "1/-6114 I t 4 2/—Z-* oor % . "re ' 'ate / A B.Plumbing t ate Electrical Date 10. .uilding '04 County of Hawal'l is an Equal Opportunity Provider and Employer TMK:7-5-009-067-0000 V EXHIBIT J r .:wlraar... 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' &' AO `E 1 . u s� ' UIQ _#� ! • :1.1. I ,..w 1 i_ E i;ti -r /gyp/SQi K C n p R � [ ga v' pl6RtLpR+ • \`� I- II z E ;� •1As kR N.p •p i�JEeswe I 0 4.HKn+W.'+.‘73r?rN I i ENGINEERING REPO is T (SEWER CAPACITY ANALYSIS) FOR HALE NANEA CON t OMUNIUMS TMK(3) 7-5-009: 067 `) 11/4.411kil.P4,4, 44 LICENSED 6fr PROFEti';IO A3 ' No.0301-C EI { Ail, g., Prepared by: (I •E_nginccring rariners,Inc. ( 455-B B. Lanikaula Street Hilo,Hawaii 96720 August 2014 4 t 6 �P 1 • / 1nC• ngIneerfIn artners, Ic. Progressive Solutions Preliminary Engineering Report Project: HALE NANEA CONDOMINIUMS Project Area: Approx. 6.28 acres Location: 75-216 Hualalai Road,Kailua-Kona, Island of Hawaii, Hawai'i Design Standard: Department of Wastewater Management,Volume 1 July 1993 Date: August 29,2014 Summary: The proposed project will include the construction of thirteen(13)4-plex condominium units, and(5) 8-plex condominium units,for a combine total of 92 units. Wastewater from the proposed development would discharge to an existing sewer system along the west boundary of the proposed project site. The existing sewer system we are proposing to tie into was originally constructed to serve the `Regency at Hualalai Namakua'institution. The sewer profiles for this system as provided by the original design engineer were used in the analysis of the sewer capacity calculations. The existing system profile is shown in exhibit'A' of this report. The section of the existing sewer line being tied into is entirely 8-inch dia.PVC. Since the segments between manholes are all the same size,the segment labeled Leg 'A'being the flattest section will be the controlling section for our capacity flow calculations. Leg B'was also analyzed to verify that velocities of 10 feet/second were not exceeded at Peak Wet Weather Flows. First,the existing wastewater quantities generated from the Regency institution were calculated based on the facility use and size. The Regency is an institution so a gallon per capita per day (gpcd)of 200 gpcd was used in the analysis. The facility consists of 129,2-bed units for a capacity of 258 persons with an estimated staff of 17 personnel. The total capita for this facility was estimated at(258+ 17)or a total of 275 personnel.The wastewater flow coining from the Regency at Hualalai Namakua development is approximately 55,000 gpd. Next,the proposed wastewater quantities generated by the Hale Nanea Condominium project were calculated. The density for a development of this type was estimated at 2.8 persons per apartment units,which will be a total of 257.6 capita for the 92 apartment units. An average per capita flow of wastewater of 80 gpcd was used to estimates the wastewater generation for the proposed facility. The wastewater flow coming from the Hale Nanea Development is approximately 20,608 gpd. 455 E.LANK:AGLA STREET•111L0.Hl• TEL(808)9334900•FAX(808)933-3533• WWW.EPINTEGR ATED.GOI! •CONTACT EPINTEGRATED.CoM The total combined expected design peak flow for the two facilities is 0.397 MOD(0.614 cfs)as shown in exhibit`B'.Using the Manning's equation and the peak flow for a two facilities,the 8- inch section of Leg'A' was calculated to be running at 40%full. Full flow was also calculated and results provided show Leg'A'of the sewer line could handle a maximum of 1.183 MGD. This provides a reserve of 0.786 MOD in Leg'A'of the existing sewer line. Next,Leg`B'having a slope of 13%required a check on the expected velocities during Peak Wet Weather Flow conditions. With the same average wastewater flow for each development the total design peak flow of 0.397 MGD(0.614 cfs)was calculated as shown in exhibit'C'. Using the Manning's Equation,the design velocities with a Peak Wet Weather Flow of 0.614 cfs was 7.99 fps. Conclusion: This study demonstrated tjat the existing 8-inch sewer has sufficient capacity to handle the combine flow from this proposed project and the existing Regency at Hualalai Namakua.The project proposes to tie into the existing sewer between manholes#3 and#4 (exhibit'D'). The invert elevation for the connection is designed at 83.0. The design proposes the construction of a new manhole for the connection. ENGINEERING PARTNERS,Inc. Yen Wen Fang, P.E. Principal CC: file Exhibit A -- Existing Sewer Profile Nan • .e`._ {. liSa_�yprv�• 5;'1?Ist>':�: •'C•:'Y. _ .. ..._ .... ..... .5I _. c k'... • 'vi rA' 'biN a-i{f%,tiv'W:.:•:. (•� •!1 d • i..5 il • .•100 ;;",'•.ie�. :i ..... ....•... .'....... .. ......... ..........� ....... :...... ..� LId.96r9�. Li • :.::;.. . . .ud§1.95 . . i ..s • X �.. .. _ 1• i eORASH M. . :'... $8Ip_G.' 0.1:0 S'SA�Ly&.•,N�,47•,K�t 90 :::::. :• 4;..... ......... ....... . ....... . . .... . e•.F. • r: _ • - a lta•Cour •.• In it,.•8.7,54-•- Wnf ply.;8&25' ,.. ._.:.,.:,.... .. .7 O. S.s�: At:ro�:57� CbuNTK: PRIVATE SYSTEM • ". . . c t • 80 4. *4 • •SYSTfll. •• : `undd•Proposed- - (M:ON_Y) • y.of: Conducts i • • rntiR vweitut° p° 60 • t 3 Ud.54.7• • .. • !; ::::•. '.7.-'.WU tF.'ifdn%o"rcad: `I` • ••• _ '' F '� 2 .... .lon4efs:Jockel:; i ......... ....• ... ._..-.. . .: ... :• .....•,:6 -. a; : f 50 :. • • ...i.. .:: �.Q.� . I N2. N - e4 {{; 40,.x.: g ... ... .. :I ..-, 0:O.x6�• in:4i8.40�t - yec . •y ofre,At.4C OY y�Y`i... . :21.Iv.nv,35.f• • • c L=:S•r2yr ,:;.. ,.:•,,..-•,,10+00 ��.A) - 11+00 - 12+00 - - 13+00 0'B.. 14+00 - 15+00 .ear; • ,i•, . '1�y�3. 4.'y i //C' r Cf olb ritil!': Lit 1 IA w`;Q f. • ,,i,S„.=y.••• . • SI. Ste. 7+98.90, 19.67'Lf. ' //6 p� A�• pF• Ambly ��4. ' Ss. +718 SdL2B \r / ,�yl•_� 11 �e �` ,a St'l(0 t ii,„ „ii / / �" - /S$51d 15+05.13_ / SILL 8+65.25 49.J: 11 ss .t\ % le eTreem \; �� / R,.ea H Pledt,=,um alsturb_ r 22 \\ / S\ T.M.K. 7-5-.08:20 N. r 55 Sfa 70+00x0 `:��If�: . 6•�.- / mss! • t $4 M.H.-t 20'PRATE SA1 UM :�.��`A6 ry y. \�3 < 50669 USIVE:r •V•ii. , ... A, v _ � :\ ` , Bemdlro Ealslfng LZ. ' • \ .\ \ 1Poler Nefer�\ t L• • A. 1 0.770• — C"emvt'Pdwu �` !. 1PaK'I,ml - fo'wi 8a«Bled --L._ S t t SS sloe 11+40.ao CAUTION �� sSM.rr.-J a • g1 ss std. 14+40.00 uiitrn -- . A` SS.sm. !0+9%70 - Huafdai Sim 8+6d 25,1608 Lf. 111 SSuy 7 ss�AH-4 For-Huolalol Road Crossing- - t dee ".Typical Trench and '• - - Pavement Repair tetaii",- ., - fi.IA.K: 7-1-5=09:46 Sheet C1.2 , cosl . . ' • SCALE: HOR• _: 1" =40r - VERT: 1" = 8r • '' sAat f iZ� .... ... .. ....... ........ ......�. .9..... •1ti. •_ _t _. Exhibit it — Computation of Leg "A" Wastewater Flow COMPUTATION OFWASTEWATER FLOW(PROPOSED CONDITION) '—r- _ ... — r_.. PROJECT: • Hale Nanea Condominiums _ __ _ ____ PAGE: I. _ _.1.-......... ......._._ LOCATION: 1Katlua-Kona,Hawaii COMPED UT _BY: Mack Grant,_ ,_ _ _ _____ 'Ili*. I7-5-009:067I - DATE: 19-Aug-14, TRIBUTARY EQUIVALENT POPULATION Note:values M hold we In MNllon Gallon Per Day(MGD) • RESIDENTIAL OTHER TOTAL - WASTEWATER FLOW COMPUTATION ()EXISTING (}ULTIMATE SEWER STUDY Y o IR t°t-- 0 O ul K 111 _ Q ¢ 4� e ( 4 w f e E iiiiii ......7 p %( (pd3- I0i1i1IItd & / 5g y FQ Q n q t .p e o i so. vy 0 75800 75808 75608 75608 0.016 5 0.370 0.005 0.080 0.383 11.492 11.492 0.014 0.397 0.614 7.754 13.00% .7.990 10.595 2.24535 7.848 ____-�•-- _ .__-_ __--___-- 52.506 a 202.520_ 3.201 55.707 265.809 i 9.976 275.785 - — , ------- ----- •----- _.._ �@Cm} -- I4P"ll..r (9Pg1) _(9Pm.)_ (Qpm) _._ f(9m) (91rm) ------ 1 —__ •___-__-_- 0.117 0.585 0.007 1 0.124 . 0.592 — _ 0.022 0.614 --_ _ 34743 c(s (sIsL --- _ (0(5)__W4_1_(c1si_ (u5) _ -(ac)- l - _.•.(cM. (cIsl.. Noks:_ �HsleKanesCoadomldoma(TMK7.5-99:67) ___--_.._.•.... .__ �_—. . rAssume .. ___.. _._ 07 Wea1Mr(IB)bSQpcd1 .._ _._.. ._. _ - �-.. � -}P4w Hawing e194%-(max _-- _. _. _-. I :Asiwne Wet?matter(pl)Is 1250 pad I i (-- -1- -,7. .;1630111187 90551815) I Pipe Flov4ng Foil _-_r_—._..__. IThere an 92 Apartment umb-Wilt 28 capbs per.apadmenl w19.Per DW- assume 00 gpd per capita...__ _ . Cenlermins Rash 0284i -._ 7alslavaslewalsr(mm oivelopmsn(_20.608gpd _ Dane redhns) 1.0761 _ Mannyisrs n per OwM Des }Standards 0.015 I_ _.___,; _4 Dan.(degleea)t 81,642—_ - ToW P1operly Aema9e=5.279 1 -I. --• mla(rad'mns) .. . . Regency at Hu.�alaie1Nsmskus(TMK 7.5.10;15) _ i 1 %rego inal Area'. 0.929 s1 lues 0.326 sr IAssume Dry WeaBror Is 5 — Weltod Pe6mal 1710 h Wdkd Pe4mekr 2430 R — _.__ .Assume Wal Waa0,er(VI)is 12509°d._.I __. i __ .—_ O I3.808_cis _....—__a I I __ _ V 1t.8611fps V .......3474Ic(e 0.05fps •Tod wat48.34lran OevubymsN=65,000�pd.� I -- _ j' _ - ._ ... _. ---- ' -- i. 1959.306m ManNrstsn per DWAIDasipn Standards 0415 ! �� ') iT91.IPmp81yAcrea9e.5213AC . I 1 . - — SMHI4 to SMHA3 Exhibit C — Computation of Leg "B" Wastewater Flow COMPUTATION OF WASTEWATER FLOW(PROPOSED CONDITION) PRWEbf: -INA)ilinea Condominiums i--- •— . ---. 'FACE: 1----- 1 — t--- -. . t'---1-—v •---- —1--- .. 1.-.604-110N:--'kalitia•Kona,Hawaii I . .laOMPUTED BY:• !Mork Gran .[ IT .... ____ Is..4k: ., -5.061):0671 :— —:' ---- ' --TbAft:' •i__ •, _ -1-- --1- 4 1 1 --I 1 TRIBUTARY EQUIVALENT POPULATION Hole.velum In bold ate in Million Gallon Pet bay(MOO) ....4' RESIDENTIAL OTHER TOTAL WASTEWATER PLOW COMPUTATION ()EXISTING flULTIMATE!MATE SEWER STUDY 1 a X ri b i E ttEg Z L 8 0 < . .1. . •-,-,- g a - I-- d 5 1 . 1igfa -1 gg g 611 IggV= q t i al g 1 1 4 c, 4 1 4 4 4 e R _5 6 8i Aff P' g g 5 i g d 3 tw 1 0 rof'9 g, -4 vi ,-•,..:.:, a. ...,. 0 75608 76608 76608 75008 0.076 6 0.378 0.005 0.080 0.383 11.492 11.492 0.014 0.307 0.614 7.754 3.00%..:6.030 5.5753 1.11116 0.784 i 1-52.535 L ...262•528. 3..781. 55187 255•.5(15 556. 275ZIP;-- --- ——1- - ji——------1------------- . siriv---im)--17.1. —rg--..(9±"2)_ --1-------tr.)-•,...,-Ili 1- , 1,- 1.8283 ets (cf4 (Ns) - WO ' (Ns) Isle) jcfsq WO . -1....-- —..._ ___[.__ Noles: I Fiala Nana,CondemlnluipaiTM117-6-09; n i ..1 , -I-- . __., Assof.he Way/m*4r(1,111e 1250 gad_. .. . _ ...._ _ _____f._...__4 ____..5Useherge possibfe) ___floe Flowing Full , _ _ Tiaraaasur 0 Apart/nail unlivriA 2.6 sepIN-.2.ernasilmantun-9.Pef,inftli,assunr 8-6 Watp.e.tcaplla f ..1_ 1 Canter aline Rad 0.2041 _ _1 _ . IToial treala;wateakoal RavelOplatint=20.60890d ;_ _ _ __4_,____, ______-_1.._ _I _naafi:Ogre); 1.076, _ ___ .I _1 _ ._, ___ __ litionolnea upor DWM Dui_kin Syindaide 0.015.1 _ _ --1- ' H OW;(degfaes)f 64.0421-- —I ; _I_ -1 ITdial?repute Aeriage u 0.279 ACT. 1 .1 .,. 1 I Theltiradiens) 62031 i _ 1 ____.r.___ I 1 Ilitagenca!al Nualala1Naraakun(TM147.5-10:15) -I 1aryna . -- - -_ — .:-X-secioinal.Aa, _0:.328(st . Aea dI.r i0..32st lAsweaDiwagp5004 _ . i:y!i ;;,pma17100Waidrmeler 2030j11 __ __ AssdasyalWealerplps1250gad I:_ ..1 _. __ _i. _. __ _ I_ , 1_ __I __.. 9 .. I_..1_ 2..0..5.lilt_ __ 9.._t_ I' 4 ,vick - — _T here en?129-I-The V:M1.12 beds par TS ler 258_petra facility..17.Hall...rarCWM.assprhe FOR gad peg u.splla .I, __.V 9.2521194 V / 5.576,11/5 1 I ; i 620.541gpm ___ . __11'!!"1r4t 0Pe'Pv.441?"1";5.4.-;.dard! . 0.0151 ___I—.. - - — -L. ,• -I- 1 t •1 1- 1 4 -I- l---•--1 --I-- IT/gal Properly Aeres n 531!LiC I f 1 SMHti2 to 51.41-1#1 Exhibit D — Proposed Sewer Plan TAW 4_,.,„......\*\, , . r Ili __,_10,‘,... „ , Ittitt,..,,, .. il_t thl y��; ', ---.,�. J 'ALL • c"-G''"'' \'. . . ---z•-7:-: -.._. ._ , ', • a`44 % % Or \1 t,\ ' JJJV % •'^r I I• ___i o ji so wfrA$ S'. S. a ,t 51st► ;Jj`.YrtIltRi��t<+"--ay , ..,'J 5 t+{bu'' r) ill y1 h�' X77 ,*.. 2 t yy11, .e 1�'k. a {A it ii1 Yri 1'' 141, l• s ' '' � ` tt - ' ~' `tip' ;w 5 tI g f I ,lingre.,v4,,-t" is � ` � s iii ; ''.' , lik ' - WtAilliii7 i•, m-ctvik. ,,$,.. c, . . its A.1\ (jL Y +, f(._ \ c.� ��f'%�!� l \'. ,, 1 i it F k i, k, LECF.AT i •{,g �_b' `•'` ;., ) { Fay.. -�; y' y1, -411,v.-..t „� - `-7 ` g ; a:,;r.:. `'.'1 ''t'' + \ .f. 4,A, —.,y� , it li... I ' ' Vit, ; � - ,.n � `t 3 . , kl to f`. ^ � �_ __� — f ' j. d _ n A 1�-_ - __ il OOVERALL UTILITY FLAX s�. EXHIBIT EXHIBIT K TH!.ORIGINAL OF THE DOCUMENT RECORDED AS FOLLOWS: STATE OF HAWAII BUREAU OF CONVEYANCES ro poo A-53070734 OOGUW NT•NO,.•••.. October 01,2014 3:29 PM LAND COURT SYSTEM REGULAR SYSTEM Return by: Mail►.1 Pickup 0 To: Jmanaka Asato LLLC 745 Fort Street,Suite 1700 Honolulu,Hawaii 96813 D6 (808)521-9500(OTT) TOTAL NUMBER OF PAGES: TITLE OF DOCUMENT: AMENDMENT TO AGREEMENT PARTIES TO DOCUMENT: DEVELOPER: KUKUI DEVELOPMENT,LLC,a Nevada limited liability company,whose principal place of business and mailing address is 2549-B Eastbluff Drive,#475,Newport Beach, California 92660 COUNTY: COUNTY OF HAWAII,a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street,Hilo,Hawaii 96720 Affects Tax Map Key: (3)7-5-009:067 1 707655.3 AMENDMENT TO AGREEMENT This Amendment of Agreement (this "Amendment") is made and effective this_, day of September,2014(the"Effective Date"), by and between KUKUI DEVELOPMENT,LLC, a Nevada limited liability company("Developer"),whose principal place of business and mailing address is 2549- B Eastbluff Drive, Suite 475, Newport Beach, California 92660, and the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii (the "County"), whose principal place of business and address is 25 Aupuni Street,Hilo,Hawaii 96720. RECITALS: WHEREAS, Kona Hale Ali'i,LLC, a Hawaii limited liability company("Original Developer") was the developer of a proposed project consisting of up to 92 multiple-family residential units on approximately 6.280 acres of real property located at TM1C(3) 7-5-009:067(the"Affordable Housing Site");and WHEREAS, in connection with the proposed development of the Affordable Housing Site, Original Developer and the County entered into that certain agreement dated March 1,2007 and recorded in the Bureau of Conveyances of the State of Hawaii(the`Bureau")as Document No.2007-045311 (the "Agreement")relating to the County's Affordable Housing Policy;and WHEREAS,pursuant to the Agreement,Original Developer was required to offer the initial phase of affordable housing lots or units within five(5)years of the date of the Agreement,which five(5)year period expired on March 1,2012;and WHEREAS, due to a downturn in the economy, Original Developer was unable to complete the project on the Affordable Housing Site and initiate sales as required under the Agreement;and WHEREAS, Developer subsequently acquired the Affordable Housing Site from Original Developer by Warranty Deed dated August 12,2013 and recorded at the Bureau as Document No. A- 49800201;and WHEREAS,pursuant to Section 9 of the Agreement,the Agreement shall run with the land of the Affordable Housing Site and shall be binding upon and inure to the benefit of Original Developer's successors and assigns;and WHEREAS, as successor-in-interest to Original Developer, Developer desires, and the County agrees,to grant Developer an extension of an additional five(5)years from the Effective Date to offer the initial phase of affordable housing lots or units pursuant to the Agreement; NOW, THEREFORE, in consideration of the mutual covenants in this Amendment and the Agreement,and pursuant to Chapter 11,Article 1 (Affordable Housing)of the Hawaii County Code,the parties hereby agree to amend the Agreement as follows: 2 707655,3 AGREEMENT: I. Section 6 of the Agreement shall be amended in its entirety to read as follows: "In lieu of developing affordable housing lots or units as provided herein,the Developer shall have the option to satisfy the affordable housing requirements by implementing any option or combination of options provided for in Chapter 11,Section 11-5,subject to the approval of OHCD. Unless the Developer shall earlier satisfy the affordable housing requirements for the Affordable Housing Site as approved by OHCD,the Developer shall offer for sale the initial phase of affordable housing lots or units, as applicable, on the Affordable Housing Site within five(5)years of the Effective Date of the Amendment of this Agreement. In the event that the Developer fails to timely perform its obligations herein,upon Developer's receipt of written notice by the County demanding performance hereunder,the Developer, by Warranty Deed to the County,shall convey the fee simple interest in and to the designated affordable housing lots or units within the Affordable Housing Site as provided for herein." 2. A new Section 7A shall be added to the Agreement,and provide as follows: "If the Developer is unable to complete the design,development and construction of the affordable housing units on the Affordable Housing Site within five (5) years of the Effective Date of the Amendment to this Agreement, the Developer may request an additional extension to this Agreement from OHCD. Such request for an extension shall be made no later than sixty(60)calendar days prior the expiration of aforementioned five (5) year period. Provided the design, development and construction of the affordable housing units are at least sixty percent(60%) completed, OHCD will not unreasonably withhold its consent to such extension." 3. This Amendment modifies the Agreement,and shall run with the land of the Affordable Housing Site and be binding and inure to the benefit of the parties hereto, and their respective successors and assigns. This Amendment shall be recorded against the land of the Affordable Housing Site by Developer at the Bureau of Conveyances,or with the Land Court of the State of Hawaii as applicable,within thirty days of being fully executed by the parties. The parties agree to take such actions and execute whatever other documents as are necessary to effectuate and carry out the intent of this Amendment. This Amendment modifies and supersedes the Agreement and all other agreements and understandings (whether oral or written)made heretofore or contemporaneously herewith by the parties. The provisions of this Amendment may not be altered or changed except by another written instrument executed by the parties hereto. 4. This Amendment may be executed in two or more counterparts,and when all counterparts have been executed,each counterpart shall be considered an original but when assembled shall constitute one and the same instrument, and shall have the same force and effect as though all of the signatories had executed a single signature page. Any unexecuted and duplicate pages may be omitted from the assembled original document. 5. All other sections of the Agreement that are not specifically modified by this Amendment shall remain in full force and effect. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS 3 707655.3 IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of the date and year set forth above. RECOMMEND APPROVAL: COUNTY OF HAWAII CAA'wle— By: '1%01126''By: Name:WIL P Name: . hen J.Arnett Its: P MAYOR Title: Housing-administrator Date: '-I 1'd tf Date: SEP 2 2.2014 APPROVED AS TO FORM AND LEGALITY: KUKUI DEVELOPMENT,LLC,a Nevada limited liability company By: By:Blackhorse Group,LLC,a Nevada limited ' /insistent C•oration Counsel liability company County of Hawaii Its: Manager Date: l t rT By:ALP Administrative Services,a California corporation Its Man r I By: ': :+. - Atte1 B tty Pal ;r Or It P esident I ,J Date: 0 &©i`T 4 707655.3 STATE OF HAWAII ) )SS: COUNTY OF HAWAII ) On September 22, 2014 , before me personally appeared WILLIAM P. KENO!, to me personally known,who, being by me duly sworn, did say that he is the Mayor of the County of Hawai'i, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3 and 13-13 of the County Charter, County of Hawaii (2010), as amended; and said WILLIAM P. KENOI acknowledged said instrument to be the free ed of said County of awvw' ,1/��!/, iit 0 i s oTAAr Zi-. Notary Public, State of Hawaii* % 444:1940 *w Printed Name: Stacie T.Waiti �q�•• ..•ya~ My Commission Expires: June ite.r4 HP��, 1/11111110 NOTARY CERTIFICATION STATEMENT Document Identification or Description:Amendment to Agreement between Developer: Kukui Development. LLC and County of Hawaii;TMK(3) 7-5-009:067 Document Date: September 8, 2014 Number of Pages: 7 Jurisdiction: Third Circuit (in which notarial act is performed) September 22 2014 \111111111111// Signature of No°-?tary Date of Notarization and ;��P60:.Hrgt ; Certification Statement 60.11) Stacie T. Waltjen = *i 04-294 * w Printed Name of Notary c'A Atravi Pte` STATE OF Ce,.` '•csv Yllt tAs SS: COUNTY OF Ore/Ing-- On N1SQOn thi O day` of -t,Wl be-r 444 , before me appeared ,Wil ,to me personally known,who,being by me duly sworn or a firme_- that such person*executed the foregoing instrument as the free act and deed of such person(s)..and if applicable,in the capacities shown,having been duly authorized to execute such instrument in such capacities. TODD a JACK v � Commission#1985591 0z z €, Notary Public-California j Print ame: PATO I . .17 Orange County "° My Comm.Expires Jul 20,2016 Notary Public,id for said State e My commission expires: >o, OK. NOTARY CERTIFICATE(Hawaii Administrative Rules§5-11-8) Document Identification or Description: Amendment to Agreement Document Date: No.of Pages: Jurisdiction: Circuit (in which notarial act is performed) Signature of Notary Date of Certificate (Official Stamp or Seal) Printed Name of Notary 7 707655.3 EXHIBIT L William P.Kenoi .-;0211.". . ,f , Duane Kanuha Director s , a Bobby Command rr =opo.- Depots'Director �oi'Mr'"" West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy101 Panahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 September 15,2014 Mr. George C. Baker, Executive Manager Kukui Development, LLC 2549-B Eastbluff Drive, Suite 475 Newport Beach, CA 92660 Dear Mr. Baker: SUBJECT: Rezoning Ordinance 05-74,Condition P: Affordable Housing Requirement, Phase 1 development TMK: 7-5-009:067, 75-216 Hualalai Road,North Kona, Hawai'i In response to your letter received September 11, 2014, proposing two tranches of building permits, not exceeding 44 dwelling units total,in specific proposed buildings listed in that letter, and which buildings are asserted to provide the dwelling units required under County of Hawai'i rezoning ordinance no. 05-74 to meet affordable housing requirements,we hereby approve your proposal set forth therein. No formal agreement is necessary for our proceeding with permit review of the first 44 dwelling units under your proposal. Furthermore,having reviewed the building permit plan sets for all 92 proposed dwelling units at the time of your initial permit submittals in July,2014,we find that under requirements of rezoning ordinance 05-74, as well as current codes and rules administered by the Planning Department,the proposed building permit applications for the remaining dwelling units(totally 92 unit including the initial tranches of permit applications you have described)meet our requirement for this Department's approval upon your satisfying the requirements of Ordinance No. 05-74 for the first phase of development. Please note,however,that Ordinance No. 05-74 provides that no Certificates of Occupancy shall be issued(and no occupancy allowed) for any dwelling units prior to completion of improvements to Hualalai Road fronting the subject development site, in accordance with plans and specifications approved by the Department of Public Works. • _;,}�.,othptiuiiuit�'�1�}+t cnn Huevi'i Colur'i.c an Ecpfnt Opportunity provider Employer Z- ____.__ Mr. George Baker,Executive Manager Kukui Development, LLC September 15, 2014 Page 2 Should you have any questions on this matter, please contact Keola Childs of the West Hawai`i office at (808) 323-4770. Sincerely, ANE KANUHA \Planning Director KC:ckc \\coh221Planning\Staft\Childs\Corr\MISC\TMK 75009067 AffHsg-Ord compliance in Phase 1.doc KUKUI DEVELOPMENT, LLC F " ; 2549-B Eastbluff Drive,Suite 475 ?,'` Newport Beach,CA 92660 '' 949-933-2411 September 10,2014 Keola Childs,Planner County of Hawai'i Planning Department West Hawai'i Branch 74-5044 Ane Keohokalole Highway,Building E,2°a Floor Kailua-Kona,HI 96740 RE: Affordable Housing Agreement TMK 75009067 This memorandum is in regards to TMK 75009067,more commonly known as Hale Nanea Condominiums located at 75-216 Hualalai Road,Kailua-Kona,HI,and certain conditions to be met under its Affordable Housing Agreement. The purpose of which is to clarify terms and obligations of the concerned parties so that a formal written`Memorandum of Understanding' can be entered into and executed by all concerned. Per Condition P of rezoning ordinance 05-74 the initial allowable permits will not exceed the maximum of 45 dwelling units. More precisely,as this relates to the approved Hale Nanea subdivision,the initial tranche of allowable building permits will consist of the following: Models: Building G - 4 units Building H - 4 units Phase 1: Building D/E - 8 units Building F - 4 units Building I - 4 units Phase 2: Building B/C - 8 units Building L - 4 units Building M - 4 units Building N - 4 units Total: 44 units In today's residential construction lending industry,the majority of lenders require that the build-out of residential subdivisions be completed in phases to avoid the pitfalls of the Great Recession of 2008. The lender that Kukui Development LLC (`Kukui')is negotiating to contract with is requiring build-out phases to be a maximum of 20 to 24 units. Therefore,we are proposing that the County of Hawaii process the permits for all the above noted 44 condo units and Kukui will, at this time,pay all fees associated with the pulling of permits for the first 24 units,as outlined in our letter dated September 5,2014, and the permit fees for the balance of the 20 condo units will be paid at the construction funding of that subsequent second phase. Prior to pulling and paying fees for the 45th permit and any additional permits, Kukui will provide proof to the County of Hawaii Building and Planning Departments that the Affordable Housing Agreement as it relates to rezoning ordinance 05-74 conditions 0 and P have been satisfied. Once this requirement has been satisfied, and as long as no structural or elevation changes have been made to the approved architectural plans or subdivision,the County of Hawaii will not withhold issuing the remaining 48 permits. This will allow Kukui to pull and process the final subdivision's 48 condo building permits to complete the build-out of the already approved 92 unit condo subdivision,known as Hale Nanea Condominiums. If all parties are in agreement to these terms,a formal written`Memorandum of Understanding' can be drafted and executed by all parties. Best.' . ds, r 4)(irir Ge. ge . B. er Ex- utive Manager cc: Owen lida,Esq., Imanaka Asato Danell D.Lewis, Imanaka Asato Alan S.Rudo, County of Hawai'i Dennis Newell,Kukui Development LLC Ali Ghalamfarsa,Ali'i Architects John Miller,MacArthur&Co. EXHIBIT M 4QJNtY Of H,i�t • V�• �,JJ • Harry Kim - Wb Mayor _ �._ �1 :r County of Hawaii PLANNING COMMISSION 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 October 19, 2004 Honorable James Y. Arakaki, Chairman and Members of the County Council . County of Hawai`i 25 Aupuni Street Hilo,HT 96720 Dear Chairman Arakaki and Members: Change of Zone Application(REZ 04-022) Applicant: Kona Hale Alii,LLC Request: V-1.25 and A-la to RM-2.5 Tax Map Key: 7-5-9:portion 54&67 The Planning Commission,after a duly held public hearing on October 1,2004,voted to recommend for your approval the proposed legislative bill to change the district classification from a Resort Hotel 1,250 square foot(V-1.25)and an Agricultural 1-acre(A-la)district to a Multiple Family Residential-2,500 square foot(RM-2.5)district for approximately 6.2 acres of land. The property is located along the south side of Hualalai Road,approximately 1,100 feet from the Hualalai Road-Kuakini Highway intersection,Hienaloli 6th and Auhaukeae ls`,North Kona,Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone from a Resort-Hotel 1,250-square foot(V-1.25)and an Agricultural 1-acre(A-la)district to a Multiple Family Residential— 2,500-square foot(RM-2.5)district for approximately 6.2 acres of land. The project will consist of ninety-two(92)2 and 3 bedroom condominium units,which will consist of twenty-three(23)2-story,fourplex structures and related improvements. The cost of these improvements is estimated to exceed$20 million dollars. The proposed request from a Resort-Hotel 1,250-square foot(V-1.25) and an Agricultural(A-1a)to Multiple Family Residential-2,500 square feet per unit(RM-2.5) zoned district will conform to the following goals,policies and standards of the Housing and Land Use(Multiple Residential)Blements of the General Plan. r Honorable James Y.Arakaki,Chairman and Members of the County Council • Page 2 In order to consider an area for any type of zoning designation,the applicable goals,policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed request conforms to the following goals,policies and standards of the Housing and Land Use Elements of the General Plan: HOUSING • Attain safe, sanitary,and livable housing for the residents of the County of Hawai`i. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex,marital status,ethnic background and income. The applicant will be providing 92 additional housing units to the West Hawaii housing inventory. This will provide relief to the lack of housing in the Kona area. LAND USE—MULTIPLE RESIDENTIAL • To provide for multiple residential developments that maximize convenience for its occupants. Honorable James Y. Arakaki,Chairman and Members of the County Council Page 3 • To provide for suitable living environments which accommodate the physical, social and economic needs of the islands residents. • Appropriately zoned lands shall be allocated as the demand for multiple residential dwellings increases. These areas shall be allocated with respect to places of employment,shopping facilities,educational,recreational and cultural facilities, and public facilities and utilities. • Areas shall be located in such a manner that traffic generated by high density development will not be required to travel through areas of lesser density en route to principal community facilities. • Provide adequate access to arterial streets,shopping facilities,schools, employment centers, and other services. The proposed development will provide 92 housing units that are located within walking distance to Kailua-Kona. This will allow residents access to their jobs,shopping areas and recreational areas without having to travel long distances. It will provide great convenience for these residents. The Land Use Pattern Allocation Guide(LUPAG)Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested zone change from an Agricultural(A-1a)to a Multiple Family Residential(RM-2.5)zoned district conforms to the LUPAG Map,which designates the property as Medium Density Urban. The Medium Density Urban classification allows for village and neighborhood commercial uses and residential and related functions not to exceed a density of 35 units per acre. This request is to allow a condominium complex with a density of 92 units on an approximate 6.2-acre parcel. The original approved plan was for an 80-unit condominium project on the 2.38- acre parcel(parcel 67). The applicant is adding 3.89 acres to the project area and is only increasingthe-development by 12 units to 92 units. This will decrease the original density by more than half of the original project. The area under consideration is consistent with the urban form established for this section of the North Kona District as depicted on the LUPAG Map. Therefore,it is determined that the request conforms to the General Plan and is consistent with the General Plan LUPAG Map for this area of North Kona. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 The property is situated within close proximity to the employment center of Kailua-Kona. The subject reclassification is for land located in close proximity to the urban/retail/employment center of Kailua-Kona. Therefore,the reclassification conforms with the General Plan which encourages urban developments in close proximity to existing developments and to existing services and facilities. The requested change of zone is also generally consistent with regional and community planning documents that prescribe the County's land use policies for this portion of North Kona. The Master Plan for Kailua-Kona, adopted by County Council Resolution in 1996,recommends the project site for Commercial/Residential Mixed Use. The proposed request would be consistent with the Plan. The subject property is situated within the project area identified as the Kailua Village Special District. The applicant will submit the application for review and recommendation by the Kailua Village Design Commission subsequent to or in conjunction with the submittal of this application,but prior to the Plan Approval process. All utilities and services are available to the site. Access to the project area is by Hualalai Road, a County-maintained roadway with a pavement width of 20-22 feet, within an approximate 50-foot wide right-of-way. The site is serviced by County water. A water commitment for 100 units is already in place. The applicant intends to connect to the County's sewer line. Electrical,telephone and cable services are available to the site. Police,fire and emergency facilities are within five(5)miles of the property. The subject request is not contrary to Chapter 205A,Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately%of a mile from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources,historic resources,public access to the shoreline or mountain areas,scenic and open space preserves,coastal ecosystems,marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property willnot adversely impact those resources. The proposed request from a Resort-Hotel 1,250-square foot(V-1.25)and an Agricultural(A-la)to Multiple Family Residential-2,500 square feet per unit(RM-2.5) zoned district will not have a significant adverse impact to traditional and customary Hawaiian Rights. Honorable James Y.Arakaki,Chairman and Members of the County Council Page 5 Investigation of valued resources: The applicant has presented the following information for the Planning Commission and the County Council to determine the valued cultural,historical,and natural resources within the area sought for rezoning: • An updated archaeological reconnaissance survey dated April 2004 conducted by Rechtman Consulting,LLC,which revisited the portion of parcel 54 where the project site is located,to update a previous study conducted by Paul Rosendahl, Ph.D.,Inc(PHRI)conducted in April 1979. • An archaeological inventory survey of T IK:7-5-9:48 (later subdivided to include parcel 67)conducted by PHRI on April 1990. • No commissioned flora or fauna study was conducted. The valuable cultural,historical,and natural resources found in the rezoning area: The updated archaeological reconnaissance survey of parcels confirmed and identified Site 6302(Kualcini Wall)and fourteen(14)feartures within Site 5608(multi functional complex) on parcel 54 where the project site is located. The archaeological inventory survey conducted for TMK:7-5-9:48(later subdivided to include 67),identified thirteen(13)sites covering all of parcels 48 and 67. • Regarding flora, a visual inspection of the site and the archaeologist's report of the area confirmed that the vegetation consisted predominantly of exotic grasses and moderately dense trees including elephant grass,fountain grass,sour grass,kiawe trees and koa-haole trees. The archaeological report also noted the presence of ilima,bitter yam,lilikoi, day flower,plumeria,hibiscus,waiwi, and an autograph tree. Possible adverse effect or impairment of valued resources: The applicant will be required by conditions to implement the recommended treatments for the archaeological sites on the property to preserve the valued archaeological resources of the area. Regarding flora and fauna,none of the identified plants are considered endangered or listed on the National or State Historic Registers. Based on the site and much of the surrounding areas that have been or are developed with structures,it does not appear likely that one would find rare or endangered animal life on the site. Honorable James Y.Arakaki,Chairman and Members of the County Council Page 6 The property is not adjacent and/or proximate to the shoreline. As such,gathering of marine life, fishing and coastal access is not an issue. Feasible actions to protect native Hawaiian rights: There have been several surveys conducted to identify and protect the resources located on site. In a letter dated August 25,2004 from the Department of Land and Natural Resources-Historic Preservation Division,they accept the updated archaeological Inventory Survey of TMK: 7-5-9:54 and agree with the significance assessment and recommended treatments with submitted revisions. The Kuakini Wall,which forms the eastern boundary of the subject • site,will be preserved subject to an approved Preservation Plan. The burial(Feature U) will be preserved as is,subsequent to the preparation and acceptance of a Burial Treatment Plan. This will allow access to descendants to the burial site.Data recovery will be done for the habitation/activity area(Feature T). The balance of the sites was deemed to be"No Further Work"required. In a letter dated October 24, 1990 to Paul Rosendahl from the Department of Land and Natural Resources-Historic Preservation Division regarding the survey done on TMK:7-5-9:48,they agree that the parcel was adequately surveyed and they agree with the significance evaluations. This survey identified thirteen(13)sites covering all of parcels 48 (and now 67). Of these sites,two(2)were determined to be"no longer significant,"ten(10)were determined significant for their information content,and one (1),the Kuakini Wall, for preservation. Data recovery of the ten(10)sites were conducted and deemed acceptable by DLNR SHPD in a letter dated December 15, 1997. With these clearances,Plan Approval was issued for the proposed 80-unit condominium on parcel 67. Based on the above findings,this request to reclassify the subject property from a Resort-Hotel 1,250-square foot(V-1.25) and an Agricultural(A-la)to Multiple Family Residential-2,500 square feet per unit(RM-2.5)zoned district would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration,an.amendment to Section 25-8-3 (North Kona Zone Map),of the County Zoning Code is transmitted. Honorable James Y. Arakaki,Chairman and Members of the County Council Page 7 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, f FAII ed Gal'ones,Chairman P anning Commission Lkonahale02pc Enclosures cc: Mr. Sidney Fuke Mr.Robert Saunders Department of Public Works Department of Water Supply Planning Department-Kona Department of Land&Natural Resources-HPD/Kona Rodney Haraga,Director/DOT-Highways,Honolulu • Hawai`i County is an Equal Opportunity Employer and Provider .. ...,,, , • • . , _..„, ._..4.:„,„.,,,,.,., .77,c,..„ ._ ,,,,,....,. .7 , — ... ..,. •. ` �' �4l ,.., County of Hawaii KAILUA VILLAGE DESIGN COMMISSION Aupuni Center • 101 Pauahi Street.Suite 3 • Hilo.Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 July 26,2013 Mr. Duane Kanuha, Director Planning Department County of Hawai'i Dear Mr. Kanuha: SUBJECT: Kailua Village Design Commission Meeting of July 23, 2013 Applicant: Ali`i Architects, Inc. Landowner: Kona Hale Ali`i LLC Design Review of a proposed 92 apartment residential condominium Tax Map Key: 7-5-009:067 (COR-13-086125) The Kailua Village Design Commission, at its July 23, 2013 meeting,voted to recommend the Planning Director's approval of the above-referenced proposed project as submitted with the following additional improvements and qualifications: 1. Sidewalks and other related improvements to Hualalai Road as contemplated by the rezoning ordinance for the subject property should be implemented through Plan Approval to the maximum extent possible in conjunction with the project development; 2. Landscaping meeting the ten foot width requirements of Planning Department Rule 17 should be provided along the entire frontage of Hualalai Road excepting only the main and emergency driveway widths; and 3. Any additional or modified structures visible from Hualalai Road or affecting traffic flows in or out the development,including entry or driveway gates and entry turnarounds for vehicles denied gated access, should be referred to the KVDC for design review and comment prior to departmental review and approval. The above recommendations assume the archaeological feature buffers depicted on the reviewed plans sets, including the landscaping elements therein, meet the requirements of the Historic Preservation Division of the State Department of Land and Natural Resources as was represented by the applicant in discussion on this application. Planning Dept- Exhibit ---- Hawaii County is an Equal Opportunity Provider and Employer AUG U - 2 2013 I e Duane Kanuha, Director Design Review of a proposed 92 apartment residential condominium TMK: 7-5-009:067 July 26,2013 Should you have any questions, please contact Keola Childs of the Planning Department's West Hawaii office at 323-4770. Sincerely, Paul Bleck, Acting Chair Kailua Village Design Commission \\coh22\Planning\KVDC\2013 Corresp\75009067 LKVDCAIii Arch 07-23-13 Mtg.doc cc: Ali`i Architects, Inc. Hawaii county is an Equal Opportunity Provider and Employer BUILDING DIVISION - DPW •' COUNTY OF HAWAII-74-5044 Ane Keohokalole HWY.BLDG E 1 s`Rooi taILUA-KONA ,E1997405 3 •!P;;I>F.- Nr ; Hilo Office(808)961-8331*Fax(808)961-8410 Kona Office(808)323-4720 * Fax(808)327-3509 Date of Notice: June 9,2015 Owner: Kukui Development,LLC Mailing address: do 2549-B Eastbluff Dr.Suite 475,Newport Beach,Ca. 92660 Address location of property: 75-216 Hualalai Road SUBJECT: Change of Zone No.REZ 04-000022,Time Extension T.M.K.: 7-5-009:067 This is to inform you that our records on file,relative to the status of the subject,discloses that: ❑ No Building,Electrical and Plumbing permit was issued for work done on the premise. ❑ No building permit was issued for the change of occupancy. ❑ At the time of completion,the subject complied to all building regulations that were in effect. ❑ Variance from any building regulation(Building,Electrical,Plumbing,or Sign)was/was not granted. ❑ The following violation(s)still outstanding: 0 Building ❑Electrical ❑ Plumbing 0 Sign ❑ Others: Fences&Accessory Structures,Projections into Building Setbacks Should you have any questions regarding matters contained herein,please feel free to contact us. Currently Building Applications have been approved for permitting and are awaiting pick-up from the Kona Building Division.Upon issuance to a licensed contractor,County of Hawaii Amendments,require that the construction be completed in three years_ Thus the requested 5 year time extension if allowed may require Building permits to be requested an extension (currently limited to 6 months)or be expired and new permits obtained. Kelly Wilson,Plans Examiner County of Hawaii Department of Public Works Building Division BD-10 Planning Dept 0992 1 0 Exhibit_ H a�r"0"r�WAT@A+SGAA` t• �<�Ei 19> 49 666 • DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII c+o`yTYO �PP1 345 KEKOANAO`A STREET, SUITE 20 • HILO, HAWAII 96720 HAWS TELEPHONE (808) 961-8050 • FAX (808) 961-8657 July 10,2015 TO: Mr. Duane Kanuha, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer - <n SUBJECT: CHANGE OF ZONE NO.REZ 04-000022 CHANGE OF ZONE ORDINANCE NO. 05-74 APPLICANT—KUKUI DEVELOPMENT,LLC REQUEST: TIME EXTENSION TO CONDITION C (COMPLETE CONSTRUCTION) TAX MAP KEY 7-5-009:067 We have reviewed the subject request and have no objections to the requested 5-year time extension as there is water allocated to the property. Through a copy of this letter,the applicant shall be informed that the Department's approval of the construction plans has expired. Therefore, a re-submittal of the construction plans and calculations is required for review and re-approval. Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, (144,41t4i Keith K. Okamoto, P. . Manager-Chief Engineer RQ:dfg copy—Kukui Development, LLC Planning t)b .71 SC A.NNED Exhibit 'r JUL 1 4 2015 .Water, Our 7v1ost Precious Resource . . . .7(a Wai A?(ane . . . The Department of Water Supply is an Equal Opportunity provider and employer. William P.Kenoi " * + . BJ Leithead Todd Mayor -M Director Walter K.M.Lau '� '• +'�� John A.Medeiros Managing Director Deputy Director aaxty of Ha fi DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekaanaa`a,Suite 41 • Hilo,Hawaii 96720 (808)961-8083-Fax(808)961-8086 http://hawai ico unty.gov/envi ronmental-management/ MEMORANDUM Date : June 5,2015 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director Oki Subject: Change of Zone No.REZ 04-000022 Change of Zone Ordinance N.05 74 Applicant:Kukui Development,LLC Request: Time Extension to Condition No.C(Complete Construction) TMK: 7-5-009:067 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) yle Hl =-( ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code.Complete Sewer Extension Application. (X) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. (X) Check or line out as applicable: - -=• -:. - _: : : ` _ ,[X ]applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. (X ) Other: A private sewer line currently crosses the north side of the property. County of Hawaii is an Equal Opportunity Provider and Employer. Planning gpt. Exhibit or_h 444 DAVID Y.IGE is L ! SUZANNE 0.CASE OOVBRNOR OFNAWAII f y CHAJAPO UN 1, 1 , •n�_. BOARD OF LAND AND NATURAL ILIDIO RCk] .!J' l.,.:rCOMMISSIOION WATRIlRk'JDURCDMANAO€MANI d ,‘,A11d and pies `~�44, STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES �� -- LAND DIVISION 11,,,,,Mir POST OFFICE BOX 621 State ofPIO* HONOLULU,HAWAII 96809 h-: LS7 May 28,2015 r -a m MEMORANDUM N G-) DLNR Agencies: gs _Div.of Aquatic Resources ; • Div.of Boating&Ocean Recreation -r, X Engineering Division �' Div. of Forestry&Wildlife • - _Div.of State Parks =' _Commission on Water Resource Management Office of Conservation&Coastal Lands _ — X Land Division–Hawaii District X Historic Preservation tt /�rte r,) FROM: ,''Russell Y.Tsuji,Land Administrator V� SUBJECT: Change of Zone (REZ 04-000022); Request: Time Extension to Condition No. C(Complete Construction) LOCATION: South Kona,Hawaii,TMK:(3)7-5-009:067 APPLICANT: Kukui Development,LLC Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by June 22,2015. If no response is received by this date,we will assume your agency has no comments. If you have any questions about this request,please contact Kevin Moore at 587-0426. Thank you. ( ) We have no objections. ( ) We have no comments. ( ✓r Comments are attached. Signed: .."-----,-7 Print name: to 5.( thief Engineer Date: i2//z•J ` cJ cc: Central Files Planning D pt. Exhibit DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y.Tsuji ReE:Request for Time Extension to Comply with Condition C(Complete Construction)of Change of Zone Ordinance No.05-74,South Kona Hawaii.031 COMMENTS () We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Flood Zone (X) Please take note that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Zone X. The National Flood Insurance Program(NFIP)does not regulate developments within Zone X. 0) Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is— () Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of Land and Natural Resources,Engineering Division at(808)587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr.Mario Siu Li at(808)768-8098 of the City and County of Honolulu,Department of Planning and Permitting. () Mr.Carter Romero(Acting)at(808)961-8943 of the County of Hawaii,Department of Public Works. () Mr.Carolyn Cortez at(808)270-7253 of the County of Maui,Department of Planning. () Mr.Stanford Iwamoto at(808)241-4896 of the County of Kauai,Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. (} Additional Comments: () Other: Should you have any questions,please call Mr.Dennis •'a of tJ►e Planning Branch at 587-0257. Signed: CART t •N HIEF ENGINEER Date: L ) BKukuiDevAmendREZ2004-22.crk-017-29-15 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KUKUI DEVELOPMENT, LLC CHANGE OF ZONE ORDINANCE NO. 05-74 (REZ NO. 04-022) AMENDMENT TO CONDITION C (COMPLETE CONSTRUCTION) Upon review of the request, the Planning Director recommends that a favorable recommendation to amend Condition C (time to complete construction) of Change of Zone Ordinance No. 05-74 be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: Change of Zone Ordinance No. 05-74 was approved by the County Council to change the district classification from Resort-Hotel 1,250-square foot (V-1.25) and an Agricultural 1-acre (A-1a) district to a Multiple Family Residential—2,500-square foot (RM-2.5) district to allow the construction of the Ninety-two (92)unit condominium development. The effective date of the ordinance is May 18, 2005. The applicant is currently requesting a five(5)-year time extension to comply with Condition C (time to complete construction) of Ordinance No. 05-74. The amendment request is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. The applicant purchased the subject property in August, 2013, and have been working to complete the processing and build- out of this project since that time. The damage done to the housing industry by the financial market collapse has created unforeseen difficulties completing the project within the required timeframe. Moreover,the applicant's construction financing is contingent upon receiving a 5-year time extension to complete construction. These unforeseen issues have caused delays that have prevented the applicant from finishing the project by the deadline for compliance with Condition C. -1- Re: Bill 91 (Comm. 467) Based on the reasons provided, it is determined that the applicant could not have foreseen the poor economy and financing difficulties, which were beyond their control, and was not the result of their fault or negligence. Approval of this time extension request would not be contrary to the General Plan,the Zoning Code, or the original reasons for the granting of the Change of Zone. There have not been any significant changes to the General Plan for this area since this request was originally approved that would affect this project. The request continues to be consistent with the General Plan Land Use Pattern Allocation Guide(LUPAG) Map, which designate this area as Medium Density Urban. These areas allow for village and neighborhood commercial uses up to three(3) stories and residential and related functions not to exceed a density of 35 units per acre. Additionally, the use continues to be consistent with the Housing and Land Use elements of the General Plan. The property lies within the Kona Urban Area and the Kailua Village Redevelopment Regional Center TOD in the Kona Community Development Plan,which was adopted after the effective date of Ordinance No. 05-74. The Kona CDP directs most future growth within the Kona Urban Area and encourages growth towards Transit- Oriented Development(TOD) areas. In addition, several Kona CDP objectives,policies and actions support the creation of affordable housing, which is required under Condition O of this ordinance. The requested Multiple-Family Residential zoning would continue to be consistent and compatible with this particular section of the Kailua-Kona area which consists mainly of residential subdivisions and multi-family residential developments. To the east is a property zoned RS-10 and further east is the Aloha Kona Subdivision made up of residential lots zoned A-5a(non-conforming). To the southeast is The Pines residential complex, which is zoned RM-4. To the south are properties zoned A-1 a and further south are properties zoned RM-2 and RM-4. To the west are properties zoned V- 1.25 and V-.75. To the north are properties zoned CV-7.5. The request is not contrary to Zoning Code and is not contrary to the original reasons for granting the change of zone. The property is located within an area served -2- with essential services and facilities such as water, and other utilities. Conditions of Ordinance No. 05-74 requires the applicant to provide extensive roadway and right-of- way improvements to Hualalai Road and extension and connection to the County's sewer system. Based on the above discussion, the granting of the amendment request continues to be consistent with, and not contrary to, the General Plan, Kona CDP, Zoning Code, and the original reasons for granting the change of zone. Based on the above findings, it is recommended that a favorable recommendation of the applicant's request to amend Change of Zone Ordinance 05-74,be forwarded to the Hawai`i County Council. Although the applicant has submitted a request for a 5-year time extension, the project is large in scale and consists of two phases. As an alternative, the Planning Department is recommending a time extension of ten(10) years to complete construction for the two-phased project, which would be more appropriate give the size of the project and related infrastructure improvements. The accompanying draft bill reflecting an amendment to conditions of Ordinance No. 05-74 is provided for your favorable consideration. (Material to be deleted is bracketed and strike through and material to be added is underscored). -3- COUNTY OF HAWAII - •_A� ;* STATE OF HAWAII BILL NO. ORDINANCE NO. &WAWA Die • AN ORDINANCE AMENDING ORDINANCE NO. 05 74 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL— 1 ACRE (A-1a) AND RESORT-HOTEL— 1,250 SQUARE FEET (V-1.25) TO MULTIPLE FAMILY RESIDENTIAL—2,500 SQUARE FEET (RM-2.5) AT AUHAUKEAE 1ST,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-009:067 (PREVIOUSLY INCLUDED A PORTION OF PARCEL 54). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 05 74 is amended as follows: "SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. -1- A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety(90) days from the effective date of this ordinance. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. Construction of the proposed development shall be completed within [five(5)]ten (10) years from the effective date this amended ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25- 2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all existing and/or proposed structures,paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. The applicant shall realign and provide full improvements to the entire frontage along Hualalai Road consisting of,but not limited to,right-of-way and pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works. Pavement transitions, streetlights, signs and markings, drainage improvements, and relocation of utilities may be required. The applicant shall construct and dedicate to the County upon request, the widened street with improvements, at no cost to the County. An approach for the commercial zoned property fronting the opposite side of Hualalai Road (TMK: 7-5-10:13) is required -2- under Ordinance [95 11S]09-049 and 09-050 or successor ordinances, to include turning lanes on Hualalai Road. The widened area to be dedicated to the County shall, if required by DPW, allow for realignment and improvements required by Ordinance [95 118]09-049 and 09-050 or successor ordinances. The required widening area shall not exceed the equivalent of a five foot width along the entire frontage, which is approximately one-half the difference between the existing right-of way width and 60 feet. E. As represented by the applicant, a non-gated access to Hualalai Road shall be limited to one approach and may include an additional access which shall be barricaded and used for emergency purposes only. The approaches shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. A licensed civil engineer shall evaluate the proposed active approach to the subject property for safe ingress and egress, sight distance and conflicts with the proposed turn lane and entry in TMK: 7-5-10:13. The evaluation shall be submitted for approval by the DPW prior to plan approval. If recommended,the applicant shall provide a left storage lane on Hualalai Road to the subject property prior to the issuance of a certificate of occupancy. All sight distances to the approach shall meet with the requirements of the Hawaii Statewide Uniform Design Manual or AASHTO. F. Any emergency vehicular security gate shall be located in a location approved by the Department of Public Works. G. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to issuance of any construction permit. Recommended drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy. -3- H. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. The applicant shall connect to the County sewer system according to the requirements of the Department of Environmental Management. J. An Archaeological Preservation and Burial Treatment Plan shall be submitted for the review and approval of the Planning Director, in consultation with the Department of Land and Natural Resources—State Historic Preservation Division (DLNR-SHPD). The Preservation Plan shall incorporate appropriate mitigation measures resulting from the impact of any fence and/or wall constructed along the boundaries of the subject site subject to the archaeological and cultural features of the adjoining properties identified by TMK: 7-5-9:55 and portion of 54. Proposed mitigation treatment for the burial sites within the subject property shall be approved by the SHPD's Hawai`i Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Preservation and Burial Treatment Plan shall be submitted to the Planning Director for its files prior to submitting plans for Final Plan Approval review or prior to the issuance of any land alteration permits,whichever occurs first. Appropriate interim preservation buffers and measures acceptable to the Planning Director shall be installed between any historic sites in the zoned areas before any land disturbance occurs on the property. A separate Preservation Plan for the portion of 7-5-9:54 that is zoned A-1 a shall be submitted to SHPD prior to any mechanical disturbance or issuance of any land disturbance permit of that area. K. Prior to submittal of plans for a building permit or within 6 months of the effective date of this ordinance, whichever is sooner, the applicant or its -4- successors and assigns, shall submit a proposed covenant to be recorded with the State of Hawaii Bureau of Conveyances to the Planning Director for review and approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. Said restrictive covenant, recorded against TMK: 7-5-09: 54 that is zoned A-la, shall acknowledge that the applicant or its successors or assigns has consented to a County-initiated rezoning of the A-la zoned area into the Open district and the prohibition of any development or improvement of that area in such a way as to interfere with or negatively affect the archaeological and historic features of such area, as determined by the State Historic Preservation Office. Furthermore, no mechanical disturbance or land disturbance permit for the parcel shall occur or be issued until the covenant has been duly recorded. L. The applicant shall identify an entity that would be responsible for the management and care of the archaeological/cultural features on that portion of TMK: 7-5-09:54 that is not covered by this ordinance. Prior to its designation,the applicant shall solicit the input of the native Hawaiian community and the County Council. Within 60 days of the identification of this entity, this area, with the concurrence of the County Council, shall be conveyed via lease or fee to the identified entity for$1.00. M. The applicant shall prepare and submit a landscaping plan for the subject site in conjunction with the Plan Approval process. Said plan shall reflect, where feasible, the use of native and water-conserving plants to comply with the guidelines outlined in Planning Department Rule No. 17 relating to landscaping. N. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division(DLNR-SHPD) shall be immediately -5- notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. O. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall apply to, as represented by the applicant, 40% of all residential units in excess of the entitled eighty(80)units on TMK: 7-5-9:67. P. The project shall be developed in a minimum of two phases. The first phase shall consist of no more than forty-five(45)units, which shall include all of the required affordable housing units approved in accordance with Condition 0 above. Final occupancy permit for the first phase shall be issued no earlier than June 30, 2006, which is the scheduled completion of the on-going Kuakini Highway improvements. Occupancy permit for the remaining units shall be issued upon completion of the aforementioned Highway improvements. Q. As represented by the applicant, the applicant shall include appropriate restrictive covenants in the deeds of all proposed units within the subject property so as to minimize enforcement by public agencies of any violation of any applicable State and County ordinances or rules and regulations relating to land use and noise. R. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. S. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject project with respect to parks and recreation, fire, police and solid waste disposal facilities and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of -6- additional multiple family residential units proposed to be developed by the amounts allocated herein below for each such unit, and shall become, with the exception of the parks and recreation fees, due and payable prior to the issuance of the Certificate of Occupancy for any unit on the subject property. The parks and recreation fees shall be due and payable prior to the issuance of a building permit. The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of[$k206,06]$8,667.10 per multiple-family residential unit. Based upon the applicant's representation of intent to develop a total of twelve(12) additional multiple-family residential units, the indicated total of fair share contribution is [$74,472.72]$104,005.20 for the additional multiple- family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: 1. [$3,0 7]$4,275.24 per multiple family residential unit for an indicated total of x1$51,302.88 to the County or, if the County Council so agrees, directly to the entity so designated under Condition L to further the objectives of Condition L and to support park, cultural, and recreational improvement and facilities; 2. [$96.75]$135.12 per multiple family residential for an indicated total of [$ ,'��0]$1,621.44 to the County to support police facilities; 3. [$297.62]$415.64 per multiple family residential unit for an indicated total of[$3,571.14]$4,987.68 to the County to support fire facilities; -7- 4. [$132.65]$185.25 per multiple family residential unit for an indicated total of[Q',� ]$2,223.00 to the County to support solid waste facilities; 5. [$2,617.77]$3,655.85 per multiple family residential unit for an indicated total of[$3424]$43,870.20 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone,based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct such facilities related to park, fire, police and solid waste disposal facilities subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the Hawaii County Council. T. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. U. eifeiiiiiStafteeSi 1. The non performance is the result of conditions that could not have been - --. . ., - . . . , . _ .• , 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. -8- '1. The time extension granted shall be for a period not to exceed the period one year may be extended for up to one additional year).]If the applicant should require an additional extension of time,the Planning Director shall submit the applicant's request to the County Council for appropriate action. V. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and struck through and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -9- I / , A-! j Q CN-20, 1 • A-5a e�4 CN-2o iNk c RM-4 iI / e 7N46 ' / m ae Pl. Ai5a /a!1 5a 13 i \a\a�l_d j PARCEL"B" RESO T-HOTEL(V .TO / _ / RMS / MULTIPLE. AMILY RESID: ,; -2.5 4441 j` ._ `_ 103,751 SQ. ` `_ •!moo_ f •m O i ;-j,... _ A�5al e�f8, '..,_ .... f sa �'I' a. ,� _ A-la RM-2 RM-4 ai -I ,�... 3 RMI l i RM-2.5 1. , y / Ala / ,' %, / ±- 1 —..-if'' 5,800.517V-- '� -h /I; %` /298.28 W /. e4 A+ / RD-3.75 / RM-1 RD•3.75/ � ,'-';';'N.§:',,-4•,,,,, „KAHELO' ' ti y: J CV-7.5 yl�' / --PARSE 17A,1 R 1 A u S. `' ?Ai7, AGRICULT�U- t(A-1a)TO CV .5 .i a �A '` '`}`" a MULT •LE-FAMILY - SIDEN 1. -2.5 111.' C47.5 g ' A-la / ' :3'4'/ RM-2/' a fa gV C/7.3 71 Kualyni%Ir /. A•1a RM-2 l RM-4 Kua ni Hwy. 'a' V-_ CV-7.5 .,75 / 11 Ir. I m V-.75 --'- f - ..i ' !kg V f75 ) / RM•1 ! I J V-.k5 lot i RM-!i• / i f CV-10 Ji; OPEN 1 V.75 1 / I +`tet_ 1 1 i f V•.�5/ / 'RM i J' �! �`" (j ! I M 7 RM-1 �ry r ' add. c 1 J R. 1 aW Y ea j = .75 1� A1{t t1 ' y. 1 RM-4 i' V-.75 V-.75 I OPEN v C.-10 V- 5 � ' Kah: r1 "Or ' . • OPEN 1 -' '9 i Rs-10 • 6 • / rV•- 5 V.T3 + ; `i V-.Q5 V-./5 1 S •V-.75 RS-7.5 705 31" 0 775 1950 2175 2900 1925 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) AND 25-8-5 (KAILUA URBAN ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL (V-1.25) AND AGRICULTURAL (A-1a) TO MULTIPLE-FAMILY RESIDENTIAL (RM-2.5) AT AUHAUKEAE 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-5-009:067&POR.054 Date:December 14,2004 EXHIBIT "A" (Kona Hale Alii, LLC:1147) Kukui Develoment, LW FOR REFERENCE ONLY N. _J z N _ I o c U O Zz o W U w � o OU ° z U Lu zU W a z > ° U o `� W U W noz F- N Lu W u-- 0 0 � � Q Q \ 1 *�i"'►'� • :,��Mi►err le f111`:::111411I111-118:41:172 + �. 1}F�V ��Y� /`� /� an ago *1141411416 „ \ ' 101T11110\1.1101 \ illintlil• ii ‘' ... pl., ! i1l w / / trillik, \r r; \ )1/' r•' /7/,,,,:\// , 11140111 0 ' // ',. 001 / i,; t, Vif \ \ k .411 t • S 111. \ \ ilifill ..#'1 11\ .0 yr, 2 „„„„,„,,. / : 44...... ‘,., ,, \ %it .f.. „ , \ \ • ot 0 111,11771":5111111 .;$4:,:.;_,,,,,i,:, : it", 11:r.,..**or ,,,._ , ,, , . , $4400,04:\:.$./.74:t,"::;.,,,:sk.,,,,,;10.10g,,,,,,,,,,.47, ,, :.„. .0'.' 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A ,,,, , •�'” A , F ,00 4 40.i , V ?1 iimmktiowW AIina 161°81 E tr .„. _ ,.._ ,T : _ - - - _ , ,.... _ ' 1r . ,, „0„ ..\ , , .. ..... ...„,,,, „, , 0 - ..„, \ " . _ , . .. ,,,, , _ I r`, , -._ i't, .T LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT AUGUST 20, 2015 A regularly advertised hearing on the application of KUKUI DEVELOPMENT,LLC (REZ 04-022) was called to order at 9:33 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane KeohokAlole Highway, Kailua-Kona, Hawaii, with Chairman Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet, Collin Kaholo, Barbara Nobriga, Sonny Shimaoka, Keith Unger and Thomas Whittemore ABSENT AND EXCUSED: Scott Church ALSO PRESENT: Danny Patel (Counsel for the Commission), Bobby Command (Deputy Planning Director),Jeff Darrow (Planner),Maija Jackson (Planner),Christian Kay (Planner) and Noriko Sauer(Commission Secretary) And approximately ten people from the public in attendance. APPLICANT: KUKUI DEVELOPMENT,LLC (REZ 04-022) Request for a 5-year time extension to comply with Condition C (complete construction of 92-unit Hale Nanea Condominium)of Ordinance No. 05-74, which rezoned approximately 6.27 acres of land from a Resort-Hotel-1,250 square foot per unit(V-1.25) and an Agricultural-I acre (A-1a) zoning districts to a Multiple Family Residential-2,500 square foot per unit(RM-2.5)zoning district. The property is located along the south side of HualAlai Road, approximately 1,100 feet mauka from the Hualalai Road-Kuakini Highway intersection, Hienaloli 6th and `Auhaukea`e 1st, North Kona,Hawaii,TMK: 7-5-009:067. BEAUDET: Today's first agenda item is Applicant, Kukui Development, LLC, Rezoning 04-022. Staff,presentation? KAY: Thank you,Mr. Chair. Good morning,Members of the Commission. So the first application today is for Kukui Development,LLC, and they are coming in for an amendment to Condition C,time to complete construction for Change of Zone Ordinance No. 05 74. Just to orient you to the site,the subject parcel outlined here in yellow is located in the North Kona District of Hawai`i Island, and is approximately 1,100 feet mauka of the intersection of Kuakini Highway, which runs generally north-south through the slide, and Hualalai Road, which runs generally east-west. The zoning for the subject parcel is Multiple Family Residential-2,500 square foot per unit. Surrounding zoning in the area includes property to the east zoned Single Family Residential-10,000 square feet; further to the east is the Aloha Kona Subdivision, and it's this area that's in Ag-5, these are residential units here; to the southeast we have again some more Multiple Family Residential;to the immediate south Agricultural-1 acre; and further south again Multiple Family Residential zoning; to the west we've got some Resort Hotel zoning; and to the immediate 1 DRAFT Re: Bill 91 (Coffin. 467) north some Community, sorry,Village Commercial zoning. The General Plan designation for the subject parcel and surrounding area is Medium Density Urban as indicated by this mustard color. The State Land Use Boundary designation for the area is Urban as well. And relative to the Kona CDP the subject parcel is located in the Kona Urban Area, and is also located within the Kailua Village Redevelopment Regional Center TOD, which is in this rose-colored circle here. This aerial photograph is again just showing the subject property outlined in yellow here; I just wanted to give you a sense of where it is relative to some of the single-family and the multiple-family dwelling type of uses in the area. The applicant is requesting a five-year time extension, which amends Condition C, time to complete construction, of Change of Zone Ordinance No. 05 74. The Change of Zone Ordinance rezoned approximately 6.27 acres of land from Resort Hotel-1,250 square feet per unit and Agricultural-1 acre zoning districts to Multiple Family Residential-2,500 square foot per unit zoning district. The purpose of this zoning change was to allow the construction of a 92-unit condominium project known as the Hale Nanea Condominiums. Here is the applicant's site plan. Again, this is Hualalai Road running east-west through the slide. You see the main access here and then the condo development and the interior of the property. Here are some photographs just showing the frontage of the property along Hualalai Road; this is kind of directly on where the Change of Zone sign is and then more mauka. And this is looking along Hualalai Road; looking makai the property is on the left, and if you are looking mauka along Hualalai Road the property is on the right. So the Planning Director is recommending a favorable recommendation be forwarded to the County Council, with a modification. We,the Director felt that instead of the five years that the applicant originally requested,we are recommending an extension of ten years to complete construction due to the size and the scale of the project, which has plan to include road infrastructure improvements, as well as two construction phases. So we thought that an additional five years on the request would be appropriate. I have just two additional things. You should have received via email yesterday and in your packets today a memo that we got yesterday from the Department of Public Works. And, again, that came out since we sent out the background and rec. And then if you look at the background report,Page 2, Item 10,there was just a factual correction here: It indicates that the issuance of building permit for 44 condo units took place in November 2014; in reality those permits were applied for and signed off on but they have yet to be issued. So with that I'm happy to answer any questions that the Commission may have. BEAUDET: Go ahead, Commissioners, any questions? Tom. WHITTEMORE: We, as I understand it, there are two phases now to this project? KAY: Correct. 2 DRAFT WHITTEMORE: And I'm assuming then one of the phases would be started within a reasonable period of time,certainly within five years,right? KAY: That's my understanding, correct. WHITTEMORE: Why wouldn't you, if you've already agreed,the Department has already agreed to do staggered projects there, phases of construction, why wouldn't you also phase the approval? So rather than spinning it all out to ten years, do five years on the first,then ten on the second phase. Just out of curiosity,what was the thinking? KAY: You know,that's certainly a possibility. The Director thought that, again, given the scope and the size of the project, that we just give ten and so that in five years if the project wasn't complete fully,then they wouldn't have to come back to the Commission for an additional time extension. So, you know, I need to apologize, I was away when the recommendation was complete, so I'm not sure exactly what the justification was. Jeff might be able to speak to that. DARROW: Commissioner Whittemore, we usually do do that. We will have phasing within our construction condition. And what we just did is we followed the original ordinance in this one;the original ordinance just had a construction timeline for the entire project. We could easily, if it's the Commission's wish, we could simply amend the condition to have Phase One be done, completed, within five years, and Phase Two be completed within ten years,if that's the wish of the Commission. But it is something that we usually do on a regular basis. But again, in this particular case we were following the original ordinance, and just put a one timeframe on the entire project. WHITTEMORE: Okay, that's fine,thank you. BEAUDET: Commissioners, any more discussion on the topic of the phasing? Tom, you are comfortable with that? WHITTEMORE: Yeah, I'm fine. BEAUDET: Okay. Any other comments for staff, Commissioners? Okay, if no further questions, would the applicant or their representative please come forward? BAKER: Hello Commissioner--. BEAUDET: Good morning. BAKER: Good morning. BEAUDET: Could you please raise your right hand? Do you swear and affirm to tell the truth now and before the Leeward Planning Commission? BAKER: Yes. BEAUDET: Thank you. If you could just state your name and introduce yourself to start with. 3 DRAFT BAKER: My name is George Baker. I'm the manager of Kukui Development, LLC, and the developer of the project BEAUDET: Thank you. Would you like to take this time to communicate any of your current status of the project or any of the conditions that you would want to discuss right now? BAKER: Yes. Basically, of the, as per my red notice of the lenders that we have, construction lenders,have requested that we get this extension C,because it was coming up against the deadline, which was May, and before they will fund the project,they wanted the five-year extension given on this project so they would be able to fund it. Our grading permit has been pulled; I will have to extend it by the end of this week. And as the Planning Director stated, or Ki [sic] stated, that the permits were ready to be pulled. My lender, which is American Savings Bank, they are ready to fund as long as the condition is approved, Condition C is approved. And so the comment about when the project is going to start, we are anticipating starting breaking ground in October of this year, if everything passes. BEAUDET: Is the construction, is it planned for immediate startup of Phase Two or is it just specifically the Phase One? BAKER: It will be,the grading has to be centered to the tight site, it's six acres,to balance the site. My grading contractor stated that it's, we have to grade the whole site and get it all prepped, and then we will go into the phasing of the 44 first phase, and then go right in, depending on sales and everything, go right into the second phase. We are not anticipating any break between the two. BEAUDET: Thank you. Commissioners, any comments or questions of the applicant? Okay, thank you. I need to ask for the record if you are okay,if you are comfortable with the conditions as stated in the recommendation. BAKER: Yes. BEAUDET: Okay,thanks. So no further comment—thank you, sir, appreciate it—we have one individual from the audience, who wishes to testify. I'd like to call Curtis Tyler. Do you swear and affirm to tell the truth now and before the Leeward Planning Commission? TYLER: Ido. BEAUDET: thank you. If you could speak into the mike, sir, and introduce yourself and your address. TYLER: Mr. Chairman and Members of the Leeward Planning Commission, my name is Curtis Tyler. I'm a descendent of people who inhabited this property. And I also have been quite involved in the conditions and things that were put on this property when they came in for original zoning. And I want to, I have no opposition to the extension; however, the owner has not complied with the conditions of rezoning. And that is that the lower portion, which is shown an Open, or 4 DRAFT Ag-la,it's under Condition J and K,has not been properly maintained. To the contrary, and most recently, a dozer went through the parcel and destroyed a number of sites. And I noticed this, I called Mike Vitousek,he said, "Oh, no, everything is taken care of, all the red fencing is up." And I said, "Are you speaking about the burial, and up?" And he said, "Yeah,the burial,"and said, "I went down there." I said, "I know there is no more red fencing because it's not up on the bottom parcel." That whole bottom parcel is supposed to be in red fencing. Nothing, no mechanical equipment, is to go in there because it's,this is where the queen mother lived, Keopuolani, okay? And she is the mother of Kamehameha II, Kamehameha III, and Nahienaena. This, I spoke to Mr. Baker and his other representatives before the meeting started, to inform them of my concern. Whether it was under a previous owner with whom, who tried to give me the parcel, by the way, saying, "What are we going to do with the parcel?" I said, you know, I was a councilman, "I couldn't, you can't give me the parcel." And there is a condition in here that calls for a covenant to be recorded, and it's, I don't know whether it's been done or not. But it's under the consolidation and resubdivision deed, and it is on Exhibit A, and it's No. 12, Condition No. 12, on the last page, and the grantee has consented to the County rezoning to 1a with area and the prohibition of any development or improvement of that area in such a way as to interfere with or negatively affect the archaeological and historic features of such area, as determined by the State Historic Preservation Office. Okay? There is --. BEAUDET: Mr. Tyler, could I just interject--. TYLER: Sure, yes, sir,Mr. Chairman. BEAUDET: -- one second. The application is for what TMK? KAY: It's for the subject property here. However, when the original ordinance was passed,it was for both of these parcels;this was subsequently consolidated and resubdivided,but the original ordinance speaks to this Parcel 54 on makai of the subject parcel. And on your yellow paper it's Condition K that Mr. Tyler is speaking about,pardon me,J and K speak to archaeological issues relative to the makai parcel. BEAUDET: So what is the parcel number of concern right now from Mr.Tyler's perspective? KAY: Sure. That would be this right here in Ag-1 and right now I believe that's 7-5-009:054. BEAUDET: So the consolidation and resubdivision allowed for--. KAY: The creation of this Parcel 67, correct. BEAUDET: --the creation of--. KAY: Parcel 67, correct --. BEAUDET: Okay, of the RM-2.5. KAY: Correct. 5 DRAFT BEAUDET: Okay, so the conditions as imposed on the Open area is relative to, it's all one application. KAY: Correct. When they originally came in back in 2004,the ordinance that passed in 2005 spoke to the entire site here, which included both parcels. And those conditions relative to Parcel 54 carry through with this update, or amendment. BEAUDET: And are current. KAY: And are current,correct. BEAUDET: I just needed the clarification,Mr. Tyler, so if you could proceed. TYLER: I'm sorry I didn't make myself clear. It is confusing because it was all one parcel that belonged to Lanihau, and the history of the arch sites,or cultural resources there, goes back to the 60's, I believe,perhaps earlier; I have all that information in my file when Mr. Greenwell,etc. bought,where they could develop the parcel, what could happen. And it's been very clear from the start of this whoever has owned this land knew that this was here,that these cultural resources were here. And as has happened so often in my almost 70 years of living in Kona, it's best laid plans of men and women,the devil is in the details and nobody paid attention. And all of a sudden I drive by one day and I see the bulldozer tracks going through this whole lower parcel. I call Mike Vitousek and I ask him, and he tells me that oh no they've marked everything. I said, "You'd better go out there and check it out. There is bulldozer's tracks all through there. I'm not blind and I know what they look like." He went out there and he said, "Yeah,but there is no red fencing out there." And I said,he said, "The burial area,the large burial area that's in Parcel 67,that has been properly marked,the wall has been properly marked." But the area that's almost three acres that has more cultural sites than any place else almost known in Kona, gets the bulldozer to go through there. And I asked why. And I'm told that the representative for the current owner ordered the bulldozer to go through there to clean up all the rubbish from the homeless people. Can you imagine such a thing happening in the pyramids or in, I mean, it's just unconscionable to me, unconscionable to me that this would go on. And then when I call to the attention, I speak to Building, Building says, "Oh, no,everything is fine,there is no problem." Either people, you know, memories are short,people don't pay attention to what's in the palapala,but it is all here. And I want to know if the covenant that is required by SHPD about no disturbance of this area has been recorded in the Bureau of Conveyances,because it's supposed to run with the land as is true for all burial treatment plans. I don't see it; I don't know. All I see is that, yes,they've agreed to it, yes, they are going to do it. Well,it's not quite worked out yet,but, yes, we understand that. But is there any red fencing up there? No,there isn't. And my point is, Commissioners, and guests and to the owner and the applicants and representatives, is I don't have an objection to a five-year extension. I understand how these things work. But what I ask first and foremost is you meet the obligations that were called for in the County Council, called for by the Hawai`i Island Burial Council, called for by the descendants like myself, and called for in the Plan Approval by the Planning Department, and do that first before anything else happens;because next time maybe I might not be around here, I might not notice, 6 DRAFT somebody may say, "Oh,bro, it's all done already,they graded the whole place." There is,they may have all the grading permits in the world,but they have no grading permits to go in the parcel, none whatsoever. And I want to be sure that none are ever issued to go in there,because it's part of the law and we are under the rule of law; we are not, "Hey,bro,brother told me it's okay, no problem, we going, you know,he told me,hey, get the damn homeless people out of here. Oh, yeah, so they are going back there now. I know we've got a problem. But, if I could, I'd be down there every day pounding those guys, getting them out of there, making sure they are not there. But I can't do that, and--. BEAUDET: I think you've made your point, Mr. Tyler--. TYLER: Yeah, okay, mahalo. BEAUDET: -- I don't mean to be disrespectful. TYLER: I'm done. I'm happy to answer any questions. I just want everyone to maka'ala this. And this is going to the Council, so believe me, I'm going to go to the Council. You folks are an advisory. I'm going to go--. BEAUDET: And rightfully so. We've got your point. TYLER: Thank you. Mahalo. I'm happy to answer any questions. I dropped my file just before I came forward. BEAUDET: Staff, with regard to the conditions as written in the ordinance, with regard to the conditions as stated by SHPD,now who is responsible to make sure that those conditions are met? Is that the County action or is that the State action? KAY: That would be up to the, the conditions are actually on the applicant; it's the applicant's requirement to meet all of the conditions of the ordinance. BEAUDET: Yeah,but who goes after? KAY: It would be in conjunction with the State and in the case of one condition with the County as well; so the applicant is supposed to be working with the State and the County depending on what the condition states on different aspect. So for instance, if you look at Condition J in your yellow sheet,at the very bottom it says, "A separate Preservation Plan for the portion of 7-5-9:54 that is zoned A-l a shall be submitted to SHPD prior to any mechanical disturbance or issuance of any land disturbance permit of that area." We are unclear as to whether or not the Preservation Plan was ever done. We have contacted with SHPD right now to see if that was done. There were preservation plans and burial treatment plans that were done for Parcel 67, which is the subject parcel that we are dealing with now, and SHPD signed off on those. But we are unclear as to whether or not there was anything done for 54. BEAUDET: Would that--. 7 DRAFT TYLER: Condition K is the--. KAY: Yeah,the other one is Condition K--. BEAUDET: Can we do that before it goes to Council? KAY: In terms of getting started on--. BEAUDET: Finding the status. KAY: Yeah, yeah, we are working on now trying to find the status of that, yeah. I hope we can get the information from either the applicant or from SHPD as well, yeah. Condition K is the other one, and this is the one that Mr. Tyler was speaking to relative to "recorded document shall be filed with the Planning Department,"pardon me, "submit a covenant to be recorded with the State of Hawaii Bureau of Conveyances to the Planning Director for review and approval ... Said restrictive covenant ... shall acknowledge that the applicant or its successors or assigns has consented to a County-initiated rezoning of the A-la zoned area into the Open district and the prohibition of any development or improvement ...." Back in 2005 there was a document, or recorded, a document that was recorded with the Bureau of Conveyances that spoke to that, and the applicant at the time agreed that the County,that they agreed with the County-initiated rezoning. The County has not initiated the rezoning to this point. Okay, and the other one is Condition L,and L states that,relative to Parcel 54,that"the applicant shall identify an entity that would be responsible for the management and care of the archaeological/cultural features on that portion of TMK ... 54 that is not covered by this ordinance. Prior to its designation,the applicant shall solicit the input of the native Hawaiian community and the County Council. Within 60 days of the identification of this entity, this area, with the concurrence of the County Council, shall be conveyed via lease or fee to the identified entity for $1.00." So the intention here was to identify a group to manage Parcel 54. As of the applicant's update on Conditions,they said they are still working on that and intend to have that done before certificate of occupancy is granted. BEAUDET: Is there a recommended timeline? KAY: So currently there is no recommended timeline to make that happen. Should the Commission desire a timeline, you are more than welcome to suggest. BEAUDET: The challenge that we have here is, from a cultural preservation standpoint, we have, there are responsibilities,there's conditions to be met,but there is no timeline on it. But yet,the only timeline that we have as far as formalizing these plans is occupancy; so disturbance of the land can take place. KAY: So --. 8 DRAFT BEAUDET: What is the definition of occupancy? Because that's what you said,right,before the issuance of--. KAY: Right,before the issuance of the --. BEAUDET: -- certificate of occupancy. KAY: --certification of occupancy from the Department of Public Works. BEAUDET: Okay. KAY: So relative to the disturbance of land on Parcel 54 it says that there needs to be in place a preservation plan before any issuance of a grading or grubbing permit or any land disturbance. So should the applicant, who also owns Parcel 54, desired to do anything on there,they need to get a preservation plan in place first. So right now if there was bulldozing done there,then they will be in violation of the ordinance. And we also have Ki Emler here from the Department of Public Works, Engineering Division, to answer any questions about the grading permit process, should you have any more specific questions. BEAUDET: Commissioners, any comments for staff or Mr. Tyler before we proceed with bringing up the applicant again? WHITTEMORE: Going back to your,Mr.Tyler, your early part of your presentation --. TYLER: Yes, Mr. Whittemore. WHITTEMORE: --you made reference to Sites J and K? Was I hearing that right or was that? TYLER: No,Conditions. WHITTEMORE: Conditions,okay. TYLER: Ordinance conditions. WHITTEMORE: Okay,okay then. My other question then was going to be, is there any historic preservation sites on this existing site right now, 67? TYLER: There are. On 67 where they are planning to,where they are asking for an extension. WHITTEMORE: Right,right. TYLER: Yes, there are. WHITTEMORE: Okay, and that's already built into this plan? TYLER: It's built it --. 9 DRAFT WHITTEMORE: It's been approved? The preservation has? TYLER: The preservation of those items is for that parcel, 67,is built in, and, yes,there is red fencing. So there has been confusion between 54 and 67. I'm not speaking about 67; I'm speaking about 54. And that's the one that had most sensitive sites in addition to the burial that's on,burial complex on 67, and there are other burials. WHITTEMORE: Okay. Is there any condition in the, all these conditions spelled out here, so I understand clearly, 67 to trigger the occupancy they have to have the preservation plan in place for 54? KAY: Not that I'm aware of, no. WHITTEMORE: It's not a condition. Okay, so that could, 54 could just remain as is now and 67 continues to be developed without any conditions there. KAY: Right. Really the only timing here is before any grading permit is granted or any mechanical disturbance on 54,they need to get a preservation plan. WHTTTEMORE: Okay. TYLER: And I thought it was the same for 67 that they couldn't get anything until they preserve, put preservation buffers up for 54,because otherwise what happened happen. In other words,the bulldozer went down there to clean up. There was no demarcation there between 67 and 54. And so the very essence of the law,J and K,to preserve the lower parcel and leave it, or have it rezoned from Ag-1 to Open,failed; it didn't happen because the left hand didn't know what the right hand was doing. And by the time I saw it nobody seemed to acknowledge that there was such a condition that no mechanical disturbance could be there,including Public Works, who went out there and said,no,they found no violation. But it's clear. Anyway,thank you for the question. BEAUDET: Commissioners, any more comments? SHIMAOKA: Well, the question I have is that, are they any restrictions from having any mechanical machinery on 54? KAY: Yeah,there are restrictions --. SHIMAOKA: According, when I read this,that's what it says. And so you are in violation already when you put any kind of mechanical equipment on 54. BEAUDET: Yeah, so the violation is is that they went in prior to the formalization of the preservation plan for Parcel 54. KAY: Correct. 10 DRAFT BEAUDET: Okay, so, and then now it's on record that the property owner is in violation of the covenant. SHIMAOKA: It is on record. BEAUDET: Well, it's on record this morning. KAY: It's on our record. SHIMAOKA: Now. KAY: Yeah, and my understanding from Mr. Tyler is that he's made a formal complaint with SHPD relative to that. Is that? Yeah. COMMAND: I have one question of Mr. Tyler. Have you filed a complaint with the Department of Public Works? TYLER: I did. COMMAND: Thank you. TYLER: And they did,they went out there and said there was no violation. And also, I did first speak with Mr. Vitousek, the State archaeologist for this island, and he also went out there and told me there was no violation. BEAUDET: I think violation can,this conversation is kind of getting gray, so let's keep things in perspective. They are in violation of the covenant, okay,but that's not what is the issue,right, today,right? It's the extension of time on the, for the application, or for the ordinance, or one condition of the ordinance. TYLER: If I may,Mr. --. BEAUDET: But,but—just, let me flow. TYLER: I'm sorry, sir. BEAUDET: Okay, so I think when observers of who have been out to the site for physical and visual inspection and say that there is no violation,maybe, I'm assuming,but there is clarity that needs to be there that no violation means that none of the historical or cultural sites were damaged. Okay,but,but, going onto the parcel with heavy equipment is still in violation of the covenant, and that needs to be addressed. But it's not going to, it's been communicated here, but this is not the forum to address the violation. KAY: We'll continue to follow up with Mr. Tyler and the applicant to look into this as far as following up and working with SHPD as well. 11 DRAFT BEAUDET: Thank you. TYLER: And, Mr. Chairman, I'm more than happy to help the applicants and, you know,to resolve this issue. This is not something that needs to go to court or, you know,have a big protest or anything;this is something that we move forward from here. And I've already told them that I'm willing to work with them, same with Building, and same with Mr. Vitousek. We can't turn back the clock,but we can protect from now on. BEAUDET: Thank you. TYLER: Thank you, sir. Thank you all very much. BEAUDET: Would the applicant please step forward once again? BAKER: Yes. BEAUDET: Just giving you the opportunity to follow up on the communication and the dialogue that just took place. BAKER: Yes, as he stated,the reason the other folks have said there was no violation,because the sites,they are marked,clearly marked on our site plan, including Parcel 54, were fenced and protected. As far as the bulldozer, I do not have knowledge which bulldozer was down there,but I know the Fire Department, due to the two fires,have been down there with bulldozers twice, and we had a bulldozer up on 67 in clearing up some of the homeless, I guess,homeless rubbish down on that site we had to clean it up per the Fire Department and the Police Department,because there was a substantial homeless camp being created on that Parcel 54, which actually has resulted in two fires, one in 2012-13 time frame and one recently in 2014, substantial fires. BEAUDET: Commissioners, any comments or questions of the applicant? I just have a comment, yeah. So it seems like, you know, all of the conditions have been met for the developable area, okay, and it could be looked at as a separate issue as far as the conditions that are directly related to the makai parcel. But they are all under the same ordinance, yeah, so they need to be adhere to with, you know,regardless of what the request is or the amendment is of the ordinance;they are all one package. So as the developer of the parcel, you know, I have to emphasize, you know,the importance of meeting the conditions of the ordinances as they are written, especially when they are dealing with cultural and historical sites. They, not because it's a sensitive issue today with stuff going on,Mauna Kea and Haleakala and things like that,but because they are important to the people of Hawai`i,especially to the people who are lineal descendants of those who had resided in that area. And if it's hard for some of us to understand that,just respect it for what it is. So as you move forward on your development,you know, I really emphasize that you learn what is there on both sites, understand the significance of them as best you can, but at a minimum, at a minimum, you know, make sure you are in compliance with the conditions of the ordinance. BAKER: And I want to reiterate, we were and are in compliance. The sites were --. BEAUDET: You still need your preservation plan. 12 DRAFT BAKER: The sites were marked. And we do have a preservation plan. BEAUDET: But it hasn't been formalized and accepted. BAKER: I'll get that done, completed. And Mr. Darrow also went out and verified that the Fire Department did have dozers on those sites. TYLER [in audience]: Two thousand twelve. BAKER: And 14. TYLER [in audience]: Long time ago. Talking about 2015 [inaudible]. BEAUDET: We can continue the discussion between you two outside, I mean that's fine. So --. BAKER: Any other questions? BEAUDET: I don't. I don't. Commissioners and staff,do you have anything to share with us? KAY: There was one suggestion relative to putting a time frame on identifying the management entity. And should you want to make a suggestion to add that in,that might help kind of, again,put some fire under that; identify the management entity within a certain amount of time, and go from there. Just a thought. BEAUDET: I would prefer a timeline on it rather than prior to occupancy. KAY: Okay. One possibility is a 180 days;that's six months. You could go a year. BAKER: They are being--. BEAUDET: I like shorter when it comes to time frames, you know, as far as identifying a contractor. That's not, you know,that's not like doing an archaeological survey; it's finding a consultant, so. BAKER: We have a consultant on it,but I would say during the,prior to completion of the first phase or a year whichever is sooner. COMMAND: Mr. Chairman, I'd like to ask the applicant if he has had any discussions with entities that might want to take on the responsibility. BAKER: We've asked our archaeological consultant to identify some people,but we haven't had anybody step forward that would have asked. But I will work with, Mr. Tyler might know, or if you guys have a recommendation, I'm all ears, so. 13 DRAFT KAY: So I apologize, one thing that was brought to my attention,the condition states that prior to the designation of this management group the applicant shall solicit the input of the native Hawaiian community and the County Council. So that brings in the possibility of scheduling and some other kind of time constraints. So just kind of keep that in mind as you are determining what your timeline might be. BEAUDET: My suggestion is, you know, no longer than twelve months. Commissioners, any discussion on that before we move forward? SHIMAOKA: Yeah, I agree with the shorter time limit that we make sure that we ensure that the things get cleared up first. That's important to me. KAY: If I may just suggest some language in terms of, in front of,before the starting of L, "Within one year of the effective date of this amendment,the applicant shall identify an entity that would be responsible for the management and care of the archaeological/cultural features ..." and so on. BEAUDET: I'm all right with it. TYLER [in audience]: Is there a time limit for it being turned over? So that's the other question about the stewardship. KAY: So the actual condition speaks to that: "Within 60 days of the identification of this entity, this area, with the concurrence of the County Council, shall be conveyed via lease or fee to the identified entity for$1.00." BEAUDET: I'm okay with the language, you know, and I'm okay with the way the conditions are written. You know, as a developer, I think if the conditions are met in a timely fashion,I think you can set the example for future development, and that's,you know,that's a positive way of looking at it,because there has been so many challenges in the past, and, you know, what better place to be than to set the example,or to create that, yeah. And working with your neighbors is a best way to do that. Thank you. BAKER: Thank you. BEAUDET: Okay, so just clarifying,there is,only change is to Condition L? KAY: That's correct at this point. BEAUDET: Okay,can you read that just one more time? KAY: Sure. So that states, "Within one year of the effective date of this amendment, the applicant shall identify an entity that would be responsible for the management and care of the archaeological/cultural features ..." and so on. BEAUDET: Okay. Thank you. I need to officially close the public testimony portion of this meeting, so could I have a motion? 14 DRAFT SHIMAOKA: So move. WHITTEMORE: Second. BEAUDET: Thank you. All those in favor? COMMISSIONERS: Aye [unanimously]. BEAUDET: Okay. With no further discussion, if there is none, Commissioners, I'd like to ask for a motion for action. WHITTEMORE: I'd like to move that a favorable recommendation be forwarded to the County Council on the application to amend Condition C of Change of Zone Ordinance No. 05 74, Docket Number REZ 04-002,based on the Planning Director's recommendation,findings, and proposed conditions, which shall be adopted, to include the amended change to L. KAHOLO: Second. BEAUDET: It's been moved by Commissioner Whittemore for a favorable recommendation, and seconded by Commissioner Kaholo. Staff,please take the roll. KAY: Okay. Commissioner Whittemore? WHITTEMORE: Aye. KAY: Commissioner Kaholo? KAHOLO: Aye. KAY: Commissioner Nobriga? NOBRIGA: Aye. KAY: Commissioner Shimaoka? SHIMAOKA: Aye. KAY: Commissioner Unger? UNGER: Aye. KAY: And Chair Beaudet? BEAUDET: Aye. 15 DRAFT KAY: The motion carries, six-nothing. Thank you. The discussion ended at 10:18 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 16 DRAFT