PD RECOMMENDATION REPORT (PL-SPP-2022-014)

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The criteria for approving a Special Permit are based on Rule 6-7 in the Planning Commission Rules. Rule 6-7 states that the Planning Commission shall not approve a Special Permit unless it is found that the proposed use (a) is an unusual and reasonable use of land situated within the Agricultural or Rural District,whichever the case may be and (b)the proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. The proposed use is an unusual and reasonable use of land situated within the State Land Use Agricultural District and would promote the effectiveness and objectives of the State Land Use Law and Regulations and Chapter 205,HRS, as amended. The State Land Use Law and Regulations are intended to preserve, protect, and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawai`i. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. In recognizing that lands within the agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural District. The proposed use is considered a"home occupation" as defined by the County's Zoning Code. A home occupation is any activity intended to provide income that is carried on within a dwelling, within an accessory structure to a dwelling, or on a portion of a building site used principally for dwelling purposes. The County's Zoning Code and State Land Use Law require a Special Permit to establish a home occupation on lands designated Agricultural by the County and State. The 5.16-acre subject property is rectangular in shape and is improved with an existing, single-story farm dwelling located towards the center of the property and related detached structures. The proposed special permit area consists of an approximately 75- square foot portion of the existing 2,696-square foot dwelling proposed for the real estate office. The remainder of the property is currently being used to grow coffee, fruit trees, and native plants to Hawaii. The proposed use is not agricultural in nature but will occur 2