HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SPP-2022-000027) BKobayashiSPPamendment.CM.1.23.2023
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
ROBERT AND RUBY KOBAYASHI
AMENDMENT TO SPECIAL PERMIT SPP 1194 (PL-SPP-2022-000027)
ROBERT AND RUBY KOBAYASHI have submitted a request to delete Condition No. 2 (life
of permit) or amend Condition No. 2 for a 10-year time extension of Special Permit No. 1194,
which was approved by the Planning Commission on January 17,2003,to allow the establishment
of an auto repair shop on approximately 3,500 square feet of land within the State Land Use
Agricultural District. The property is located at the northwest corner of the Kea`au-Pahoa Road
(Highway 130) and Ilima Street intersection, Orchidland Estates Subdivision, Kea`au, Puna,
Hawaii, TMK: 1-6-009:166.
APPLICANT'S REQUEST
1. Request: The applicants are requesting an amendment to Special Permit No. 1194 to either
delete Condition No. 2 (life of permit), or to amend Condition No. 2 for a ten 10-year time
extension. Condition No. 2 states: "The life of the permit for the auto repair shop shall be for
ten (10)years from the effective date of this amendment, or upon new commercial/industrial
zoned lands becoming available within the vicinity of Hawaiian Paradise Park Subdivision
and Orchidland Estates Subdivision, with a reasonable period to effect the relocation,
whichever occurs first."
2. Purpose for the Request: The primary purpose for the request would be to continue
operating their auto repair shop established 20 years ago at the subject property. Moreover,
Hawaiian Paradise Park and Orchidland Estates subdivisions currently have no suitable
commerical- and industrial-zoned lands available.
3. Hours of Operation: The hours of operation for the repair shop are between 9:00 a.m. to
5:00 p.m. Monday through Friday. The applicants intend to continue these hours of
operation.
4. Supportive Information: The applicants submitted the attached in support of their
request: (Planning Department Exhibit 1 — Special Permit Application dated August
15, 2022).
5. Landowner: Robert and Ruby Kobayashi.
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BACKGROUND INFORMATION
6. January 17, 2003: Special Permit No. 1194 was approved by the Planning Commission to
allow the establishment of an auto repair shop on approximately 3,500 square feet of land.
7. April 4, 2008: The Planning Commission approved a 5-year time extension to Condition
No. 2 of Special Permit No. 1194,which extended the life of the permit to January 17, 2013.
8. May 14, 2008: Final Plan Approval PLA-08-000397 was approved for an Auto Repair
Shop.
9. June 17, 2008: The Planning Department received a letter from the applicants confirming
compliance with Condition No. 3 and provided evidence that their building permit was
finalized on May 19, 2008. (Planning Department Exhibit 2—Letter of Compliance with
Condition No. 3 dated June 17, 2008).
10. March 7, 2013: The Windward Planning Commission approved a 10-year time extension
to Condition No. 2 of Special Permit No. 1194, which extended the life of the permit to
March 21, 2023.
STATE AND COUNTY PLANS
11. State Land Use (SLU) District: Agricultural (A).
12. County Zoning: Agricultural 1-acres (A-la).
13. General Plan (LUPAG) Map Designation: Rural (rur). This category includes existing
subdivisions in the State Land Use Agricultural and Rural districts that have a significant
residential component. Typical lot sizes vary from 9,000 square feet to 2 acres. These
subdivisions may contain small farms, wooded areas, and open fields as well as residences.
Allowable uses within these areas, with appropriate zoning, may include commercial
facilities that serve the residential and agricultural uses in the area, and community and public
facilities.
14. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawaii
County Council, Ordinance 08 116, on September 10,2008. The subject parcel is not located
within the projected Orchidland Neighborhood Village Center, an area identified by the
PCDP as located along Orchidland Drive from Highway 130 to halfway between 34t' and
35t'Avenues, which encompasses 15 parcels and an area of about 16 acres.
15. Special Management Area(SMA): The subject property is not situated within the County's
Special Management Area and is located over 5 miles from the nearest coastline.
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DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
16. Subject Property: The rectangular-shaped property is 1.046 acres in size. Structures on the
property include a single-family dwelling that was permitted in 1971,and an auto repair shop
that was permitted in 2008. The topography of the entire parcel is fairly level.
17. Surrounding Zoning/Land Uses: Surrounding properties are zoned Agricultural 1-acre(A-
la), are approximately 1 acre in size, and consist of vacant lands, single-family dwellings,
and agricultural uses. The applicants own the adjacent parcel to the northwest(Kea`au side)
of the subject property. The closest dwelling is located approximately 160 feet away
northwest of the property.
18. U.S.D.A. Soil Type: Keaukaha highly decomposed plant material, 2 to 10 percent slopes.
The pahoehoe lava flow in the area has very little soil covering and is bare of vegetation,
except for mosses, lichens,ferns and small ohia trees.
19. Land Study Bureau Soil Rating: Soils within the project site are classified as"E" or"Very
Poor" for agricultural productivity.
20. Agricultural Importance to the State of Hawaii (ALISH): Unclassified.
21. Flood Zone: The Federal Emergency Management Agency's Flood Insurance Rate Map
(FIRM) designates the area of the proposed development to be in Zone X (areas outside of
the 500-year floodplain).
22. Flora/Faunal Resources: No formal flora/fauna study was submitted with the application.
The subject property has been developed and planted with introduced vegetation, including
various types of palms, oranges, tangerine, and rambutan trees. There are various grasses,
wild orchids, uluhe ferns,ti leaf, and `6hi`a trees. The Hawaiian Hawk and introduced birds
frequent the area.
23. Archaeological/Cultural/Historical Resources: According to the applicants, there are no
known archaeological sites and no known traditional and customary native Hawaiian rights
that are being exercised on the property. In a letter dated January 31, 2013,the State Historic
Preservation Division (SHPD) determined that there are no previously identified historic
properties in the vicinity of the project and that no historic properties will be affected by
approval of the project.
24. Public Access: There is no coastal or mountain access through the subject property.
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25. Traffic: According to the applicants, the previously approved vehicular movements of 10-
25 vehicles per day will remain the same. Therefore, there will be no increase in traffic to
and from the subject property. Further, the County Police Department does not anticipate
any significant impact to traffic and/or public safety concerns with the approval of request.
PUBLIC SERVICES AND FACILITIES
26. Access: The primary access to the subject property is from Ilima Street, approximately 100
feet southwest of its intersection with Kea`au-Pahoa Road (Highway 130). Ilima Street is
privately owned and maintained by the Orchidland Community Association (OLCA) and
consists of an approximately 20-foot-wide pavement within a 40-foot-wide right-of-way.
27. Water: The Department of Water Supply(DWS)is currently servicing the subject property
with an existing water meter fronting the parcel.According to the applicants,no further units
of water, alterations, or changes to its existing services will be necessary to support the
requested special permit amendment. DWS noted that following review of the present
request, they have no objections to the requested time extension or to deletion of the time
limitation of the existing special permit.
28. Fire Prevention: According to the Fire Department, Fire Department access and water
supply shall comply with Chapter 18 of the 2018 Hawai'i State Fire Code and Chapter 26 of
the Hawai'i County Code. The applicants responded to Fire comments, noting that the
applicants complied with Fire Code requirements in conjunction with the building permit
process when the use was initially established.
29. Wastewater: There is no County sewer system servicing this area. Currently, the subject
property is being serviced by an existing cesspool that was permitted in 1971 concurrently
with the new single-family dwelling. According to the Department of Environmental
Management (DEM), the applicants shall follow Department of Health (DOH) regulations
for wastewater disposal. In a letter dated January 25, 2013, DOH stated that the applicants
may continue to utilize the existing cesspool provided that the residential wastewater flows
do not exceed 1,000 gallons per day, and that the non-residential use (auto repair shop) does
not serve 20 or more people per day.The applicants have responded to comments from DEM,
noting that the applicants complied with DOH wastewater requirements in conjunction with
the building permit process when the use was initially established. The applicants proposed
no changes to its business operation.
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30. Solid Waste: There is no municipal solid waste collection in the County. According to the
applicants, any solid waste generated by the auto repair shop and dwelling is currently being
disposed of by Big Island Disposal Service.
31. Other Essential Utilities and Services: Telephone and electrical services are available to
the site. Police and Fire services are located in Pdhoa about 4 miles away.There is a volunteer
fire station in the Hawaiian Paradise Park subdivision about 2 miles away.
AGENCIES' COMMENTS
32. Fire Department: (Planning Department Exhibit 3 —October 17, 2022 Memo)
33. Police Department: (Planning Department Exhibit 4— October 18, 2022 Memo)
34. Department of Environmental Management: (Planning Department Exhibit 5 —
October 28, 2022 Memo)
AGENCIES —NO COMMENTS/CONCERNS
35. Department of Water Supply, State Office of Planning and Sustainable Development, and
Real Property Tax Office.
AGENCIES—NO RESPONSE
36. State Land Use Commission, State Department of Agriculture, State Department of Health,
Department of Public Works — Engineering Division, and Orchidland Community
Association.
APPLICANT'S RESPONSE TO AGENCY COMMENTS
37. Letter from Sidney Fuke dated December 28, 2022 (Planning Department Exhibit 6).
PUBLIC COMMENTS
38. None as of the date of this writing.
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AMENDMENT TO SPECIAL PERMIT (SPP 1194, Docket No. 02-000042)
ROBERT AND RUBY KOBAYASHI
TMK: 1-6-009: 166
1. INTRODUCTION
Robert and Ruby Kobayashi ("Applicants") sought and received approval
of a Special Permit (SPP 1194) on January 17, 2003, by the County
Planning Commission (now Windward Planning Commission) to allow an
auto repair shop on approximately 3,500 square feet of land within the
State Land Use Agricultural District. The Special Permit, however, was
approved with a condition (Condition No. 2) that required the life of the
permit be for a period of 5-years or "upon new commercial/industrial
zoned lands becoming available within the vicinity of Hawaiian Paradis
Park Subdivision and Orchidland Estates Subdivision with a reasonable
period to effect the relocation, whichever occurs first."
The Commission subsequently granted a 5-year extension to January 17,
2013, on April 4, 2008. This was then followed by a 10-year extension
from the date of the Commission's approval (March 21, 2013), effectively
extending the life of the permit to March 21, 2023. (Exhibit A)
The Applicants are seeking to delete Condition No. 2 or in the alternative,
extending the life of the permit by an additional 10 years to March 21,
2033.
ll. PROJECT LOCATION
The 3,500 square foot project site is part of a 1+ acre parcel located within
the Orchidland Estates Subdivision. More specifically, it is situated at the
northwest corner of the intersection of the Keaau-Pahoa Road (Highway
130) and Ilima Street, Keaau, Puna, Hawaii, TMK: 1-6-009: 166.
(Figure 1)
III. GENERAL PERMITTING BACKGROUND AND NATURE OF REQUEST
A. Special Permit (SPP 1194)
As noted earlier, the subject Special Permit to allow the
establishment of an auto repair shop, including vehicle safety
check, on approximately 3,500 square feet portion of a 1+ acre
parcel was approved by the Planning Commission on January 17,
2003. Condition No. 2 required the use to be terminated within five
(5) years or sooner, if industrial or commercially zoned lands
become available in the vicinity of the Orchidland Estates
Subdivision or Hawaiian Paradise Park Subdivision.
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Planning Dept.
Exhibit 1
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The Applicants sought and received the Commission's approval on
April 4, 2008, to extend the life of the permit January 17, 2013.
Finally, at its meeting of March 7, 2013, the newly constituted
Windward Planning Commission granted the Applicants' request to
extend the life of the permit by an additional 10 years. The
approval was from the effective date of the letter approving the
extension (March 21, 2013). (See Exhibit A)
B. Nature of Requests
The Applicants are now seeking to delete the sunset clause or, in
the alternative, extend the life of the permit by an additional 10
years to March 21, 2033.
Ill. JUSTIFICATION OF REQUEST
In making this request, the Applicants respectfully submit that the reasons
for granting the original permit and its extension (see Exhibit A) are still
applicable. Specifically, these reasons, in summary, were: 1) not being
contrary to the basic objectives of the Land Use Law, particularly its
relationship to agricultural lands and the County General Plan; 2) not
having significantly adverse impacts to the character of surrounding
properties and their improvements; and 3) not unreasonably burdening
public agencies to provide infrastructure and services.
Notwithstanding the original reasons for approval, the Applicants
respectfully provide the following amplified justifications to reflect current
infrastructure and regulatory situations.
A. 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 Chapter 205, Hawaii
Revised Statutes (HRS), as amended. In recognizing that lands
within the agricultural districts, in spite of its agricultural
classification, might not be best suited for agricultural activities; 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.
In addition, 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 hest suited in the interest of
the public health and welfare of the people of the State of Hawaii.
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In the case of the Agricultural District, the intent is to preserve or
keep lands of high agricultural potential in agricultural use.
The land on which the proposed uses is situated is classified as "E"
or "Very poor" for agricultural productivity by the Land Study Bureau
and not classified on the ALISH Map. Notwithstanding the poor
agricultural resource quality of this site, one can argue that there is
always the potential. However, given the fact that the requested
area is already built upon, there should be very little, if any,
additional area that will be removed from potential agricultural
productivity. Upon termination of these uses, the land can — if one
so chooses - make the land usable for non-soil based agricultural
or other purposes should that be deemed necessary in the future.
Accordingly, the continued use of this area as a self-employed auto
repair shop and related activities should not have a significant
adverse effect on the State and County's agricultural land
inventory.
In sum, the deletion or in the alternative, requested time extension
to allow the continued use of this site for an auto repair shop is an
unusual and reasonable use of lands situated within the Agricultural
District and should not be contrary to the objectives of Chapter 205,
HRS, as amended.
B. The proposed request is not contrary to the General Plan policies
and objectives as well as the recently adopted Puna Community
Development Plan ("CDP").
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the site Extensive Agriculture. The
Extensive Agriculture designation refers to "Lands not classified as
Important Agricultural Land. Includes lands that are not capable of
producing sustained, high agricultural yields without the intensive
application of modern farming methods and technologies due to
certain physical constraints such as soil composition, slope,
machine tillability and climate. Other less intensive agricultural
uses such as grazing and pasture may be included in the Extensive
Agricultural category."
Given this designation and because the continued use of this site
will not result in the reduction of any currently cultivated land, the
requested extension of the Special Permit would not be
inconsistent with the General Plan LUPAG designation, and no
amendments would be required. It should be noted and
emphasized that the auto repair shop will continue to occur within
an area already improved.
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Because of the absence of any intensive agricultural activities
surrounding the subject site, the continued use should not have any
adverse impacts on the region's agricultural industry. Further, the
site does not have any archaeological or cultural resources, as
confirmed by the State Historic Preservation Division in its letter,
dated January 31, 2013. (Exhibit B)
Relative to the General Plan's goals and policies, the continued use
would fulfill be consistent with the following:
Economic Element
• Economic development and improvement shall be in balance
with the physical and social environments.
• The County shall provide an economic environment which
allows new, expanded, or improved economic opportunities that
are compatible with the County's natural and social
environment.
• The County shall strive for diversification of its economy by
strengthening existing industries and attracting new endeavors.
Land Use Element
• Designate and allocate land use in appropriate proportions and
mix and in keeping with the social, cultural, and physical
environments of the County.
• Protect and encourage the intensive utilization of the County's
important agricultural lands.
• The County shall encourage the development and maintenance
of communities meeting the needs of its residents in balance
with the physical and social environment.
Land Use Element— Commercial
• Designate and allocate land use in appropriate proportions and
mix and in keeping with the social, cultural, and physical
environments of the County.
• Protect and encourage the intensive utilization of the County's
important agricultural lands.
• The County shall encourage the development and maintenance
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of communities meeting the needs of its residents in balance
with the physical and social environment.
• Provide for commercial developments that maximize
convenience to users.
• Provide commercial development that complements the overall
pattern of transportation and land usage within the island's
regions, communities, and neighborhoods.
• Distribution of commercial areas shall be such as to best meet
the demands of neighborhood, community and regional needs.
In summary, the overall project would be consistent with those
goals and policies. It would not be removing any productive
agricultural lands; it would be providing a service to the local
communities and; and it would not adversely affect surrounding
properties and communities or any historical or cultural properties.
Relative to the Puna CDP, Section 15.1 of the County General Plan
called for the development and eventual County Council adoption
of Community Development Plans ("CDP"). The General Plan
states that the Community 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 Puna CDP was developed and adopted
by the Hawaii County Council on August 27, 2008. It became
effective on September 10, 2008, as Ordinance No. 08 116.
The CDP recommended that repair shops and other light industrial
land uses be located within the Regional Town Centers. A
Regional Town Center, consisting of two (2) 20-acre parcels, was
identified within the Hawaiian Paradise Park Subdivision. However,
this area has not been zoned and/or developed. There is also no
telling when this area will ever get developed.
In addition to the map, the CDP established three (3) major themes:
• Malama 1 Ka'Aina which "establishes how the contextual
natural, historic and cultural features of Puna should be
preserved." (Emphasis added)
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• Growth Management which "addresses how the future pattern
of human settlement and land use should be shaped to respect
that context and support the desired quality of life for Puna's
residents_" (Emphasis added)
• Transportation which "focuses on sustainable approaches to
transportation to support the goals of the two above themes."
Relative to the Malama / Ka'Arna theme, four (4) major elements
were identified and assigned goals, objectives, and actions. These
elements and their relationship to the proposed action follow:
1. Historic, Cultural, and Scenic Resources
The subject area has been entirely cleared of all vegetation and
portions of it are already being used for parking and driveway
access. As such, it would appear that archaeological resources
of this site are probably non-existent, as confirmed by SHPD
(See Exhibit B).
Nonetheless, should there be inadvertent discoveries during the
construction of this project, work will stop and contacts with the
County Planning Department and SHPD will be made.
2. Native Forests and Geological Features
Given the location of the subject area and the geological
condition of the site, the goals and objectives of this element
would not be applicable to the proposed project. The subject
area is not part of any established native forest area, neither
does it have any significant or unique geological features.
3. Aquifers, Coastal Waters and Stormwaters
The subject area is not proximate to potable wells in this area_
Notwithstanding that factor, any further development of the
subject area will utilize, if needed, an upgraded wastewater
system that would comply with the State Department of Health's
standards to assure adequate protection of any potential
groundwater in this area.
All storm water generated by the project has and will continue to
be retained on site through natural percolation.
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Given the above, combined with the fact that the property is
over five (5) miles from the ocean, the goals and objectives of
this element would be fulfilled.
4. Shoreline Area
As the site is not a shoreline or coastal property, this element is
not applicable.
The other theme is Managing Growth_ For this, six (6) elements
were identified. These elements and their relationship to the
project follow.
1. Land Use Pattern
The Implementation Section (Chapter 5) of the CDP identifies,
among others, Regional Town Centers within which commercial
areas are further identified. In this particular area, the Regional
Town Center has been identified within the Hawaiian Paradise
Park. That site, however, has not been developed nor zoned,
making it essentially unavailable.
It should be noted that Section 5.2.1 of the CDP focuses on the
land use entitlement process as it relates to regional town
centers and community village centers states that "Future
zone changes and State land use boundary amendments for the
regional town centers and community village centers at Kea'au,
Pahoa, and Hawaiian Paradise Park shall be consistent with the
LUPAG map designations of the General Plan." (Emphasis
added). In this situation, the land use entitlement is thorough a
Special Permit and not a State Land Use boundary and zone
change, a process that allows for comprehensive discussion of
a project's impacts and needs.
Further, in considering land use applications, the CDP does not
mandate consideration of only those sites that fall exactly within
designated regional, community, or neighborhood centers. The
designated areas are to be used as guides, thus enabling land
use applications to be considered in a much broader policy
context.
Given the above, this request is being evaluated against the
articulated goals and objectives of the Managing Growth theme.
The request would be consistent with the following Goals of the
CDP:
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• Improves the quality of life and expands economic
opportunity for Puna's residents.
• Reduces the exposure to high risk from natural hazard
situations.
• Makes services and community facilities more accessible in
village/town centers.
• Reduces overall number of buildable lots in Puna.
In that regard, the existing auto repair shop, including doing
vehicle safety check, is intended to be supportive of the needs
of the community. Having the project situated in this area
provides convenience to residents of this part of Puna. Hence,
the project's location would not necessarily foster urban
commercial sprawl.
Additionally, while this project would not necessarily provide
broad economic opportunity for Puna's residents, it does
provide a needed service while helping keep the Applicants
financially a bit more solvent.
2. Agriculture and Economic Development
The CDP identifies the following:
Goals
• Increase opportunities for diversified agriculture
• Preserve lands for agricultural use
• Increase local market share of Puna agricultural products
Obiectives
• Discourage urban growth and further subdivision on lands
that have been identified as having agricultural value
While the subject site is zoned agriculture, there has been no
evidence that the site, aside from domestic purposes, has been
used intensively for agricultural purposes in the recent past. It
has been used as a residence.
As such, the existing project should not have an adverse impact
on the agriculture industry. it could be indirectly supportive of it
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through the provision of services (auto repair) to people working
in that industry.
3_ Social Services and Housing
As this is not a housing project, this section is not applicable.
4. Public Safety and Sanitation Services
The subject site is in an area where basic infrastructure is
already available.
5. Parks and Recreation
This section is not applicable, as the project would have no
direct impacts on parks. Nonetheless, there are existing park
facilities in the villages of Kea'au and Pahoa. Then, too, the site
is not listed for any future trails or park related uses.
6. Energy Sustainability
The Applicants may utilize solar and photovoltaic system to help
with some of the project's power needs. Other means to reduce
dependency on the conventional fuel source is being explored.
The third theme is Transportation. This theme identifies, as it
pertains to the subject request, the following goals and objectives:
Goals
• Reduce percentage of residents who commute to employed
outside of Puna
Obiectives
• Provide more services and employment within Puna's village
and town centers
• Create new employment opportunities in Puna to reduce
long commuting
It also identifies five (5) elements. The project's relationship to
these elements follows.
1. Traffic Demand Mana ement
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Although the existing use will generate traffic, its impacts can be
mitigated and/or insignificant. This is because the operation is
all predicated upon appointments. The frequency of vehicular
movements to and from the site is not only controlled but fairly
limited. Throughout the course of a day, movements average
no more than 10 movements, similar or comparable to a
residence. However, there are times, particularly during the
latter part of the month when safety checks become due,
movements have approached 25 throughout the day.
Further, the project's location would help reduce the flow of both
workers as well as residents requiring certain services from
traveling outside of the district.
2. Mass Transit
This element is not applicable.
3_ Roadway Network
Likewise, this site is not part of the overall Puna circulation
network system.
4. Highways
Access to the project will continue to be off of Ilima Street and
not the main Highway. Thus, it should not have a significantly
adverse impact to the traffic system in this area.
5. Non-Motorized Travel and Scenic B a s
The subject site is not part of any proposed non-motorized
travel area, such as a bikeway. There are also no known trails
within the subject site. Accordingly, the project would not be
incongruous with this element.
C. The existing use has not and will continue not to have adverse any
significant affect to surrounding properties. There are a number of
factors that lend support to this conclusion. For one, the Applicants
reside on the property and are the sole owners and operators.
There is also one other family member that helps with the
operation. As such, the operation is more akin to a home
occupation rather than a conventional auto repair shop. Thus, in
the event of any complaints from neighboring homeowners, they
can be readily addressed. It should be noted, however, neither the
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Applicants nor the County Planning Department has received
official complaints regarding the nature of the Applicants' operation.
Further, the volume of vehicular movements to and from the site
averages less than ten (10) per day, except for certain periods near
the end of the month when it may approach twenty-five (25). This
is due to the general need for appointments and the ability of the
applicant and his family to service the vehicles. This would be
unlike a retail store where traffic would be a bit more constant.
Then, too, the repair shop activities occur during the weekdays and
rarely on the weekends, where ambient noise from traffic and other
sources already permeate the area. Rarely would there night
repairs.
D. The existing use has not and will continue not to unreasonably
burden public agencies to provide roads and streets, sewers, water,
drainage, school improvements, and police and fire protection.
Potable water is provided via the County system. Access is
provided from the already improved Ilima Street. There are
sufficient off-site parking and the visibility to and from the site is
reasonably good from Ilima Road and the Highway.
As such, the existing use should not result in an extension of or
place an unreasonable burden on these services, and no additional
road improvements should be needed to mitigate potential
traffic/safety issues.
E. The site is suitable for the requested uses. The existing auto repair
shop has not created any public impacts, thus demonstrating its
suitability. The repair shop operates within less than 4,000 square
feet of land area on an acre of property. From a land resource
perspective, the land is not suitable for agricultural activity. The
request will thus not result in the removal of any productive
agricultural land.
According to the Applicants, there has been no flooding or other
natural disturbance in the area of the requested use over the past
20+ years. Based on the improved condition of this area, there
should be no adverse impact to the area's floral or faunal
resources. It is also unlikely that there are any archaeological or
cultural resources that would be adversely impacted, given the
developed condition of the site and as confirmed by the SHPD, As
such, there should be little or no environmental restrictions over the
use of this site for the extended use of this site as an auto repair
site.
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As all of the needed improvements associated with the continuation
of the existing use already exist, approval of this request should not
result in the alteration of the existing character of the area_ At this
time, there are no plans to make further improvements to the site.
The Applicants wish to retain what presently exists on the site and
wants to continue operating without any time or sunset provision
but at least a minimum of an additional ten (10) more years from
this point forward. As such, the visual character of the land would
not be changed.
F. Unusual conditions, trends, and needs have arisen since the district
boundaries and regulations were established.
Prior to adoption of the County General Plan (1971), the State Land
Use District boundaries were established in this area. Since that
time, growth has incessantly occurred and in an effort to manage
this growth, the General Plan has been periodically updated (last
one being 2005), while the Puna CDP was adopted in 2008. Both
of these documents provide the land use framework to guide or
manage growth in this area.
While the Puna CDP has suggested that growth be directed to
Regional Town Centers, and in this particular area, to the Hawaiian
Paradise Park area. However, nothing has happened and there is
no telling when, if any, the affected property owners will commence
with the required entitlement process. There are no pending urban
and/or ag-related entitlement requests of these areas. Given the
entitlement process, any urban type of use would extend beyond or
at least near the life of the minimum of 10 additional years.
As such, given the need for this type of use in this particular area;
the absence of complaints; the absence of any accidents directly or
indirectly attributable to the Applicants operation; and the
uncertainty of new commercial/industrial areas opening up in the
near horizon, the Applicants request the deletion of Condition No.
2. In the alternative, it would appreciate a minimum of an additional
extension of 10 years.
It is thus maintained that the reasons used to support the original permit,
also apply to the requested deletion of the life of the permit and/or time extension
request.
12
9F r
t
County of Hawaii
WINDWARD PLANNING COMMISSION
hupuni Cuter • 1Q) Pauahi Street,Suits 3 • Hilo,Hawaii 96720
Phone(808)961-8288 Fax(808)%1-8742
MAR 21 ?013
i
Robert and Ruby Kobayashi
HC2 Box 5619
Kea`au, HI 96749
Dear Mr. and Mrs. Kobayashi: I
Special Permit (SPP 1194, Docket No. 02-000042)
Applicant: Robert and Ruby Kobayashi
Request; 10-Year Time Extension (Or Deletion orb To Comply With Condition No. 2
(Life of Permit)of SPP 1194
i Tax Map Kev: l-6-009:166_ ------ .-
The Windward Planning Commission,at its duly held public hearing on March 7, 2013,voted to
approve the above-referenced request for an amendment to Condition No. 2(life of permit)of
Special Permit No. 1194,which was approved by the Planning Commission on January 17,2003,
to allow the establishment of an auto repair shop on approximately 3,500 square feet of land
within the State Land Use Agricultural District. The property is located at the northwest corner
of the Kea`au-Pahoa Road (Highway 130) and Ilima Street intersection, Orchidland Estates
Subdivision,Kea`au,Puna, Hawaii.
i
Approval of the request is based on the following:
The applicants have submitted an amendment request:for a 10-year time extension
to or the deletion of Condition No. 2 of Special Pennit No. 1194, which states:
"The life of the permit for the auto repair shop shall be until January 17, 2013 or upon
new commercial/industrial zoned lands becoming available within the vicinity of
Hawaiian Paradise Park Subdivision and Orchidland Estates Subdivision, with a
reasonable period to effect the relocation, whichever occurs first."
Hawai`i County is an Equal Opportunity Provider and Employer
-t
EXHIBIT AI,R
Robert and Ruby Kobayashi
Page 2
Special Permit No. 1194 was approved with a 5-year permit life(Condition
No. 2). The applicants received a five(5)year time extension to Condition No. 2 (life of
the permit) from the Planning Commission until January 17,2013. Another five years
has passed and the applicants would like to continue operating their business for an
additional 10 years or to have Condition No.2 deleted. The applicants had originally
anticipated on retiring at the expiration of the last amendment,but have found that they
would not be able to financially survive due to the downturn in the economy over the past
years.
The Planning Department continues to encourage landowners or applicants with
light industrial or commercial uses to locate in an Industrial or Commercial zoned district
or to file for a change of zone request for such development. In this case,however,Capon
reviewing the circumstances of the request where the primary service area is within the
immediate vicinity and where no suitable industrial zoned lands have become available in
the area,the Planning Department supports the approval of the 10-year time extension
request with the continued condition that the applicants will be required to relocate the
business if suitable industrial zoned lands become available for use within the subdivision
within the i 0-year time period. The Planning Department does not support the request to
delete Condition No. 2, as this would create a permanent corr►mercialllight industrial use
in this rural area.
Granting of the time extension requests would not be contrary to the original
reasons for the granting of the permit. The use would continue to be an unusual and
reasonable use of lands situated within the Agricultural District and will not be contrary
to the objectives of Chapter 205, HRS, as amended. The land upon which the existing
use is sought is unsuited for the uses permitted within the district. It is classified as"E„
or"Very Poor"for agricultural productivity by the Land Study Bureau and unclassified by
the Agricultural Lands of Importance to the State of Hawaii(ALISH)Map. The use will
not adversely affect surrounding properties. Since the approval of the Special Permit,the
Planning Department has not received any complaints regarding the operation. Lastly,the
continued operation will not unreasonably burden public agencies to provide roads and
streets, sewers, water, drainage, and police and fire protection.
In this amendment request,the Police Department commented that"the permitting
of commercial retail activity on lots zoned agriculture in the Hawaiian Paradise
Subdivision has the potential to increase calls for police service and add traffic
congestion in the area." The applicant is operating an auto repair shop in which the-
custorners are mainly by appointment only. The applicant is not selling any retail
products but providing a service. As previously mentioned,the Planning Department has
not received any complaints regarding this operation since it began in 2002.
Additionally, the Police were concerned about lack of infrastructure such as substandard
roads and lack of County water for fire hydrants. The access for this operation is from a
paved roadway and the property is serviced by County water. There is a fire hydrant in
Robert and Ruby Kobayashi
Page 3
close proximity to the subject property. Lastly, the Police Department did provide
comments for the original Special Permit application and the previous time extension
request where no specific concerns were expressed. The first comment Ietter dated
November 26, 2002 stated"Staff has reviewed the above-referenced application and has
no comments or objections at this time." The second comment letter dated February 11,
2008 stated"Staff,upon reviewing the provided documents and visiting the existing site,
does not anticipate any adverse public safety concerns at this time."
Therefore, based on the above, the granting of these time extension requests
would not be contrary to the original reasons for the granting of the permit.
Approval of these requests would not be contrary to the General Plan or the
Zoning Code. The amendment request to Condition No. 2 would not be contrary to the
General Plan or the Zoning Code. The request continues to be consistent with the Land
Use Element of the General Plan, which states"Encourage the development and
maintenance of communities meeting the needs of its residents in balance with the
physical and social environment." The granting of this request at this particular location }
will provide a convenient service to the growing community while maintaining the rural
character of the area.
The Puna Community Development Plan(PCDP) was adopted in September of
2008. The PCDP recommends that repair shops and other light industrial land uses
should be located in the Regional Town Centers, such as the one identified in the PCDP
that is located along Kaloli Drive between 24`h and 26 h Avenues in the Hawaiian Paradise
E Park Subdivision. This Regional Town Center consists of two 20-acre parcels, one of
which is owned by the original subdivider and the other is owned by Paradise Hui
Hanalike. Neither landowner has plans to develop these parcels in the near future. Thus,
it would be reasonable to grant a 10-year time extension to the Iife of the permit. This
would allow the applicants to continue to operate their business on the subject property,
while preserving the Planning Commission's ability to implement the intent of the PCDP
should the Regional Town Center become developed within the next ten years.
The Planning Director recommends the deletion of conditions related to finalizing
building permits and a Solid Waste Management Plan since the applicants have already
fulfilled these conditions.
Based on the above, an amendment to Condition No. 2 of Special Permit
No. 1194 is hereby approved to allow a 10-year extension to the life of this permit.
Approval of this amendment request is subject to the following conditions(new material
is underscored and deleted material is bracketed and struck through):
Robert and Ruby Kobayashi
Page 4
1. The applicants shall be responsible for complying with all of the stated conditions
of approval.
2. The life of the permit for the auto repair shop shalt be [tiefil Jwmwy 17, 3]for
ten(l0)y_ ;s from the gffective_date of this amendment or upon new
commercial/industrial zoned lands becoming available within the vicinity of
Hawaiian Paradise Park Subdivision and Orchidland Estates Subdivision,with a
reasonable period to effect the relocation,whichever occurs first.
3. [The appiiemts shall see-ure and finalize all bmih4ing r :145 for-R41 8*
months em the effi��ive date of this amendmen�.
4,1 Access to the property shall be limited to Ilima Street. Access shall be restricted
from .Keaau-Pahoa Road (Highway 130).
[5 ]4. The auto repair shop shall be conducted in substantial conformance with
representations made in the application. l
[6,1s. No further subleasing of the property shall occur for auto repair or other business-
related activities.
[7] _ All equipment and supplies shalt be stored within the existing structures.
[8,17. All vehicles shall be parked on the subject property in a designated area.
[A-]8 Final Plan.Approval from the Planning Director shall be secured within six (6)
months from the effective date of this amendment in accordance with the Zoning
Code, Sections 25-2-71(f),25-2-72, 25-246 and 25-2-77_ Plans shall identify
existing and proposed structures, fire protection measures,landscaping, signage,
parking area, driveway and other improvements associated with the use. The
required landscaping shall be installed within six(6)months from the effective
date of this permit. Native species from the area shall be used when possible.
[4-O-.)2_The hours of operation for the auto repair shop shall be limited from 9.00 a.m.to
5:00 p.m.;Monday through Friday.
[44-.]1 O.The applicants shall comply with all applicable laves, rules and regulations of the
State and County agencies for this auto repair shop use.
Robert and Ruby Kobayashi
Page 5
[4-2-.] [A Solid Waste Management Plan shall be submitted to the Depwiment-of
[437]l�_,If the applicants fail to comply with the conditions of approvd or is unable to
resolve any public complaint(s), the Planning Director shalt investigate and, if
necessary, enforce the appropriate conditions. The Planning Director may, as part
of any enforcement action, refer the matter to the Planning Commission for
review. Upon appropriate findings by the Planning Commission,that the
applicants have failed to comply with the conditions of approval or has caused an
unreasonable adverse impact on surrounding properties,the permit may be
suspended or revoked.
[44-.]12.If the applicants should require an additional extension of time, the applicants
shall submit their request to the Planning Commission for appropriate action.
Further, should any of the conditions not be met or substantially complied with in
a timely fashion, the Director may initiate procedures to revoke the permit.
This approval does not,however, sanction the specific plans submitted with the application as
they may be subject to change given specific code and regulatory requirements of the affected
agencies.
Should you have any questions, please contact Daryn Arai of the Planning Department at
961-8288.
Sincerely,
leoz'z- ate
Dean Au, Chairman
Windward Planning Commission
1 kabayashiaraidWpI I%v4)c
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
State Land Use Commission
Department of Land &Natural Resources-HPD
Orchidland Community Association
Mr. Gilbert Bailado
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6001 Kamokila Boulevard,Suite 555 STATE PARn
Kapolei,HI 96806
January 31,2013
Bobby Jean Leithead-Todd LOG NO:2013.0516
County of Flawai`i Planning Department DOC NO: 1301SN18
101 Pauahi Street,Suite 3 Archaeology
Hilo,Hawaii 96720-4224
Attn.Maija Cottle
Dear Ms.Leithead Todd:
SUBJECT: Chapter 6E-42 Historic Preservation Review—
County of Hawai`l Special Use Permit Application for a 10 Year Extension for R.Kobayashi
Kea`au Ahupua`a,Puna District,Island of Hawai`i
TMK:(3)1-6-009:166
Thank you for the opportunity to review this application that was received by our office on January 28, 2013.
According to the application,the applicant is seeking a 10 year extension(or deletion of)of condition no. 2(Life of
Permit) as stated in Special Use Permit No. 1194 (SLIP) in order to operate an auto repair shop on the
aforementioned parcel beyond the previously approved extension date of January 17, 2013. The proposed project
area will be 3500 sq. ft,portion of a 1.046 acre parcel.There is no proposed ground disturbance associated with this
project.
A review or our records indicates that there are no previously identified historic properties in the vicinity of this
project. Because there is no ground disturbance associated with this project, it is unlikely that archeological
resources will be impacted. Tberefore, SHPD believes that no historic properties will be affected by approval of
this extension.Please contact Sean NMeimaile at(808)933-7651 or Sean.P.Naleimaile(elHawaii,eov if you have any
queitions or concerns regarding this letter.
Aloha,
Theresa K.Donham
Archaeology Branch Chief
EXHIBIT B
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Harry Kim •? Christopher J.Yuen
Mayor Director
�'�h•""•'+*�� Brad Kurokaw8,ASLA
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LEEM AP
�0untg Of Padva ii Deputy Director
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo,Hawaii 96720-4224
(808)961-8288 • FAX(808)961-8742
June 17, 2008
Mr. Robert and Mrs. Ruby Kobayashi
HC1 Box 5619
Keaau, HI 96749
Dear Mr. and Mrs. Kobayashi:
Special Permit No. 1194
Applicants: Robert and Ruby Kobayashi
Request: Auto Repair Shop on Approximately 3,500 Square Feet of Land
Subject: Compliance with Conditions
Tax Map Key: 1-6-9: 166
This is to acknowledge receipt of your letter received on May 30, 2008 informing the
Planning Department that you have secured and finaled all building and electrical permits
for the auto repair shop. Additionally,we have received the copy of the approval letter
from the Department of Environmental Management for the Solid Waste Management
Plan.
A check of our files indicates that you have complied with all time conditions within the
permit. As a reminder, you are required to comply with all stated on-going conditions
listed within the permit.
Thank you for your compliance in this matter. If you have any questions, please feel free
to contact Jeff Darrow at 961-8288, ext 259.
Sincerely,
CLV�P R . YUEN
Planning Director
JWD:smr,
P:tpublic\wpwi116O\Jeff\Letters\Compliance\LKobayashi-SPP 1194-Compliance.doc
cc w/copy of letter: Planning Commission
Planning Dept. 17 2Wd
Exhibit 2 Hawai'i County is an Equal Opportunity Provider and Employer.
HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII .
HILO, HAWAII 96720
DATE October 17, 2022
Memorandum
TO PLANNING DEPARTMENT, COUNTY OF HAWAII
FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH
SUBJECT: APP NO. PL-SPP-2022-027 ON TMK: (3) 1-6-009:166, ROBERT AND
RUBY KOBAYASHI SPECIAL PERMIT AMMENDMENT APP.
In regards to the above mentioned project, Fire Department Access and Water Supply shall
comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii
County Code. For any questions please email CIinton.Baybayan a-),,hawaii county. ov or call 808-
323-4761.
Respectfully Submitted,
gff�-
Clinton Baybayan
Fire Prevention Captain
Fire Prevention Branch
Hawaii Fire Department
Planning Dept.
Exhibit 3
�tY Of y�
Mitchell D. ltntll .1 Kenneth Bugadu Jr.
lan I w - h brig PfI&c
:4
V.
R, .
County of Hawaii 6HH PLANNING DEPT
29
POLIO DEPARTMENT I�CTS 20�2 PM 'r
34q kaffolani Street • I hln.Hawaii 96720-3998
(808)935_3311 • Fax(8081961-2389 REG'D HAND DELIVERED
October 18, 2022
TO NDO KERN, P NING DIRECTOR
FROM *AR
NE t A.K ASSISTANT POLICE CHIEF
EA I OPERATIONS BUREAU
SUBJECT. SPECIAL PERMIT AMENDMENT APPLICATION (PL-SPP-2022-000027y;
SPECIAL PERMIT NO. 1194 (DOCKET NO. SPP-62-004642);
APPLICANT. ROBERT AND RUBY KOBAYASHI' REQUEST: TO
DELETE CONDITION NO. 2 (LIFE OF PERMIT), OR TO ALLOW A 10-
YEAR TIME EXTENSION OF SPECIAL PERMIT NO. 1194, WHICH WAS
ORIGINALLY APPROVED TO ALLOW THE ESTABLISHMENT OF AN
AUTO REPAIR SHOP;TAX MAP KEY: (3) 1-6-009:166', PUNA, HAWAII
Staff, upon reviewing the provided documents, does not anticipate any significant
impact to traffic and/or public safety concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact Captain Scott Amaral. Puna Patrol, at 965-
2716 or via email at scott.amaral@hawaiicounty.gov.
SA:I1i122 HQ 1296
Planning Depi. "flaHai'FC'nunt y is an F uaI t]
S y ppnrumily Prnyidrr and Gnsplu}ei"
Exhibit 4
�� Ramzi I.Mansour
Mitchell D.Roth y4i
.i i. Director
Mayor
Lee Lord .: ; ,;` Brenda Iokepa-Moses
�' Deputy Director
Managing Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 •Hilo,Hawai'i 96720•cohdem@hawaiicounty.gov
Ph: (808)961-8083 •Fax: (808)961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour Dir ctor
Department of Environmental Management
DATE: October 28, 2022
SUBJECT: Special Permit Amendment Application(PL-SPP-2022-000027)
Special Permit No. 1194 (Docket No. SPP-02-000042)
Applicant: Robert and Ruby Kobayashi
Request: To Delete Condition No. 2 (Life of Permit), or to Allow a 10-year Time
Extension of Special Permit No. 1194, which was Originally Approved to Allow
the Establishment of an Auto Repair Shop
Tax Map Key: (3) 1-6-009:166; Puna, Hawaii
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
(X) No comments.
( ) Commercial operations, State and Federal agencies, religious entities and non-profit
organization may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( ) Ample and equal room should be provided for rubbish and recycling.
( ) Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawaii Organics Facility, or other suitable diversion
programs.
( ) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
( ) Other:
Planning Dept. County of Hawaii is an Equal Opportunity Provider and Employer
Exhibit 5
Ramzi I. Mansour, Director
October 28, 2022
Page 2
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details):
( ) No comments.
( ) Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii 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.
( ) Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
( ) Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management ("Director of DEM"), [ ] applicant shall conduct a sewer
study in accordance with the 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.
( ) Proposed activity may be subject to existing or future federal, state, or county regulation
under Title 40 CFR 403.5,prohibiting discharge of certain pollutants into publicly owned
treatment works. Contact the Hawaii Department of Health for information regarding
pretreatment standards.
(X) Applicant shall follow Department of Health regulations.
( ) Other:
RM:pls
2
SidneyFuke, Planning Consgltanl
P.O.Box 1345 •Hilo,Hawai'i 96720 •Planning•Variance•Zoning
Cell:(808)989-0640 •Subdivision•Land Use Permits
E-mail:sidneyfuke@gmail.com •Environmental Reports
December 28,2022
Mr.Zendo Kern, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo,HI 96720
Dear Mr. Kern:
Subject: Special Permit Amendment Application (PL-SPP-2022-000027/
SP No. 1194/Docket No. SPP 02-000042)
Robert and Ruby Kobayashi,TMK: 1-6-009: 166
This is in response to agency comments to date relating to the subject matter.
The County De artment of Water SLip.ply, County Department of Finance—Real
Property Tax Division, and State Office of Planning and Sustainable Development had no
comments or objections to the request.
The County Police Department commented that it did "not anticipate any significant
impact to traffic and/or public safety concerns. " While the Solid Waste Division of the
County Department of Environmental Management had no comments,the Wastewater
Division noted that the project shall follow State Department of Health Regulations. The
Coup Fire Department required compliance with the applicable State and County Fire
Codes. In that regard,please note that the requirements of the State Department of Health
relative to wastewater and Fire Codes were addressed in conjunction with the building
permit process associated with the initial establishment of the use. No additional
construction is anticipated for this extension request. Should there be a need,however,the
appropriate requirements will be addressed and complied with.
We trust that this adequately addresses the agency comments to date. If not or if
there are additional questions relating to this matter,please feel free to direct them to me.
Thank you very much.
S' ly,cere
k"",
SIDNEY M. FUKE
Planning Consultant
Copy—Mr. Robert Kobayashi via email
Planning Dept.
Exhibit 6