HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SMA-2023-000027) BDLFujimoto_SMA 4/1/23
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
D&L FUJIMOTO LLC
SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION
(PL-SMA-2023-000027)
D&L FUJIMOTO LLC has submitted an application to amend Condition No. 7 (public parking
requirement) of Special Management Area (SMA) Use Permit No. 51 (SMA 51) to clarify the
management and use of twenty (20) public parking stalls located on a 1.468-acre parcel situated
within the SMA. The subject property is located makai of Kuakini Highway, along the south side
of Hanama Place, in Kailua Village, at 75-5722 Hanama Place, Ke6pu 3rd, North Kona District,
Hawaii, TMK: (3) 7-5-007:033.
PROPOSED PROJECT
1. Request: D&L Fujimoto LLC (Applicant) seeks a SMA Use Permit amendment to enable
the applicant to exercise reasonable controls over the "public use" parking area on its
property as was required by Condition No. 7 of SMA No. 51. On January 31, 1978, SMA
Use Permit (No. 51) was approved by the Planning Commission for a proposed retail food
market and related improvements, including parking and landscaping. The proposed project
designated twenty (20) parking stalls on the makai side of the proposed building for public
use as a condition of the SMA Use permit (Condition No. 7). With the closure of the food
market, the structure now houses a variety of uses consistent with the site's resort zoning (V-
.75) and the parking stalls designated under SMA No. 51 have continued to be set aside for
public use. However, over time, there has been on-going abuse of the free public parking as
there are no restrictions on these twenty (20) parking stalls. Staff notes that original condition
of SMA No. 51 states the "parking stalls on the makai side of the building shall be clearly
identified for public use" with the stated intent of the parking as to "enhance the economic
development of Kailua while providing partial solution of the parking problems in the area".
After a discussion between the Planning Director and the Applicant, the Applicant submitted
an updated request to delete Condition No. 7 of SMA 51, instead of amending it. The
applicant submitted their request via email (Planning Department Exhibit 1 — March 24,
-1-
2023, email) on the reasoning for the amended request. The Planning Director is supportive
of removing Condition No. 7 of SMA 51 as the Applicant has stated that with or without this
"public use" parking condition, the applicant is still committed to making this parking area
available for the general public subject to some measure of controls. (Planning Department
Exhibit 2—SMA Use Permit Application dated January 25,2023)
2. Project Objectives: To allow the Applicant to enable some measure of control over
public parking on a private commercial parcel.
3. Cost/Time of Project: As this is an amendment to an approved SMA Use Permit, there
is no valuation for the project as there is no specific development proposed at this time.
4. Landowner: D&L Fujimoto LLC
BACKGROUND INFORMATION
5. Special Management Area (SMA) Use Permit No. 51: In 1974 the County Council
adopted Ordinance No. 628 which created the Kailua Village Special District (KVSD);
the subject parcel is situated within the boundaries of the KVSD and therefore is subject
to review and recommendations of the KVSD. On January 31, 1978, the Planning
Commission approved SMA Use Permit No. 51 with conditions, including condition No.
7 which required parking stalls on the makai side of the subject parcel to be for "public
use".
6. Chapter 343, HRS: The proposed project was evaluated with respect to Hawaii Revised
Statutes (HRS) Ch. 343-5, and staff notes that no triggers were identified.
STATE AND COUNTY PLANS
7. State Land Use Designation: Urban
8. General Plan LUPAG MAP: Resort Node (ren) and Medium Density Urban (mdu)
9. County Zoning: Resort-Hotel (V-.75)
10. Kona Community Development Plan (KCDP): The Kona Community Development
Plan (as amended) was adopted by the Hawaii County Council by Ordinance No. 19-91
on September 18, 2019.
11. Special Management Area (SMA): The project is located within the Special
Management Area and is subject to SMA review; however, it is not considered a
shoreline parcel pursuant to Hawaii Revised Statutes (HRS) Ch. 205A.
-2-
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
12. Subject Property: The property consists of a large commercial structure, parking areas
and other related development. The site is located on Hanama Place in Kailua Village
approximately 650 feet from the shoreline. The property is roughly rectangular in shape
and is bounded by other urban improvements and roadways.
13. Surrounding Land Zoning/Uses: The surrounding land uses include a free-standing
restaurant and commercial office/retail structure to the north, a commercial complex and
parking areas to the south, and an apartment/condominium complex to the west. The
zoning designation for a majority of the immediate area is Resort-Hotel - 750 square feet
(sf) (V-.75) with sections to the north designated as Village-Commercial 7,500 sf (CV-
7.5).
14. Flood Insurance Rate Map (FIRM): The property is predominately within Flood Zone
X.
15. Flora/Fauna Resources: No biotic surveys were conducted for the subject parcel;
however, the applicant does not believe that the site contains any rare or endangered
floral and faunal resources. The parcel is within a heavily developed urban area with only
minor landscaping located sporadically throughout the area. It is 650 feet from the
shoreline with no direct access to the coast. The urban nature of the surrounding area
would make it less likely to find other protected and endangered species.
16. Archaeological Resources: Based on the long development history of the subject parcel
is highly unlikely that any historic sites would be found on the property. The Applicant's
request does not include any proposed development or disturbance other than signage
and/or gate.
17. Cultural/Historic Resources: The subject parcel is located in the center of an urban area
and is within the Kailua Village. Due to the location of the parking sites proximity to the
Village center the public can utilize the parcel when visiting the area.
18. Scenic and Open Space Resources: As noted, the property is fully developed and there
are no proposed changes to the existing structure, therefore, there will be no significant
change to the views in the area. Additionally, the existing structure on the parcel is lower
in height than the adjacent buildings in the area.
-3-
19. Public Access: There is no public access other than the existing twenty (20) public
parking stalls which permit public access across the parking lot.
PUBLIC UTILITIES AND SERVICES
20. Access: The parking area on the subject property is accessed from Hanama Place from
the north and Sarona Road from the south.
21. Utilities: The subject parcel is currently served by the County water and sewer system.
22. and replaced with a DOH approved aerobic advanced wastewater treatment unit.
23. Other Essential Utilities and Services: All other utilities, including electrical,
telephone, and cable services are available to the site.
AGENCIES—COMMENTS
24. State Department of Health: (Planning Department Exhibit 3 — February 23, 2023,
Memo).
25. Department of Environmental Management — Solid Waste/Wastewater: (Planning
Department Exhibit 4—March 7,2023, Memo).
26. Hawaii Fire Department: (Planning Department Exhibit 5 — February 27, 2023,
Memo).
27. County of Hawaii Police Department: (Planning Department Exhibit 6 —March 10,
2023, Memo).
28. State Office of Planning & Sustainable Development: (Planning Department Exhibit
7—March 20, 2023, letter).
29. Department of Public Works —Engineering Div.: (Planning Department Exhibit 8 —
March 24, 2023, Memo).
AGENCIES -NO RESPONSE
30. Department of Public Works — Traffic; Civil Defense; State Department of
Transportation.
APPLICANTS RESPONSE TO COMMENTS
31. Applicants' response to agency comments: (Planning Department Exhibit 9—March
20, 2023, letter)
-4-
PUBLIC COMMENTS
32. Nancy and Vernon Lowrey's Comments: (Planning Department Exhibit 10—March
31, 2023, letter).
-5-
Roy, Alex
From: sidneyfuke@gmail.com
Sent: Friday, March 24, 2023 5:46 AM
To: Roy,Alex
Cc: Darrow,Jeff, 'Darryl Fujimoto'
Subject: D&L Fujimoto - SMA 51 Planning Dept.
Follow Up Flag: Follow up ](h1It�
Flag Status: Flagged
Aloha Alex,
As you begin to complete your review of the subject application, I would like to use this
opportunity to clarify the applicant's position on this matter.
In sum, due to public health, safety and corresponding liability and maintenance issues, the
request was merely to enable the applicant to exercise reasonable controls over the "public use"
parking area on its property as was required by condition of SMA 51. As noted in the applicant's
report, the type of control (hours of use, reasonable fees, etc.) would be no different of parking areas
owned and operated by government or many other private establishments.
With or without this "public use" parking condition, the applicant is still committed to making
this parking area available for the general public subject to some measure of controls. This position
and/or commitment was articulated in the applicant's report wherein it stated: "The applicant will
continue to make this area available as a public parking area with some measure of controls to
address safety, maintenance, and availability to the general public." As such, this could be
accomplished by your favorable consideration of the applicant's proposed condition or let alone,
deletion of said condition. The latter option — deletion — however, is preferred for several reasons,
some of which were already articulated in the applicant's request.
For one, its legitimacy is questionable, as it was required as part of a condition to the SMA
permit. Conditions must bear or have a reasonable relationship to the SMA policies, objectives, and
guidelines. While parking conditions have been required of other projects, they were clearly
associated with coastal or shoreline access. In this situation, it is debatable whether this public use
parking requirement has a "reasonable" relationship to coastal or shoreline access. The original
reason for its imposition did not discuss its need for direct coastal or shoreline access but instead was
justified for economic development and a need to address overall parking problem in the area. The
approval stated: "the provision of twenty (20) parking spaces for the general public will enhance the
economic development of Kailua while providing partial solution of the parking problems in the
area." (underscore added) As noted in the Topliss v Hawaii County Planning Commission decision,
the Commission's actions (including conditions) must have a reasonable relationship to the SMA
objectives and policies. The Intermediate Court of Appeals in 1993 in that case opined that "if traffic
from a development within an SMA is not shown to have a substantial adverse effect on the coastal
environment, such impact as the traffic may otherwise have on the existing roadway system in the
area of the development cannot be the basis for denying an SMAP application."
To add to that, as noted in the applicant's report, the condition could also be tantamount to a
"taking" (i.e., requiring use of a private property for a public use without just compensation); and
because of its inability to control the parking area required of the zoning code — a practice that is
common for other public and private establishments — may also be inconsistent with the principle of
"equal protection" of the law.
The other reason to support its deletion relates to the matter of enforcement. The amendment
suggested by the applicant would require some measure of enforcement by the Planning
1
Department. The question thus becomes whether the Department would want to be in a position of
having to develop standards or guidelines whenever a public or private establishment wishes to have
controls (hours of use, fees, etc.) of its parking area so that it can effectively and fairly enforce such a
condition.
Given the above, the applicant's preference would be to have said condition deleted; and in the
alternative, the proposed amendment which allows controls as suggested in the applicant's report.
Thank you very much and have a nice weekend!
Sid
z
■�� SidneyFuke, Planning Consultant
17"M P.O.Box 1345 •Hilo,Hawaii 95720 •Planning•Variance•Zoning
Cell:(808)989-0640 •Subdivision•Land Use Permits
E-mail:sidneyfuke@gmail.ccm •Environmental Reports
January 25, 2023
Mr. Zendo Kern, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Kern,
Subject: Amendment to Special Management Area Use Permit (SMA 51)
Applicant: D&L Fujimoto, LLC
Kailua Village,.Keopu 3ra1 North Kona,.Hawaii.TMK_7-5-007 0033
The applicant is requesting an amendment to Condition 7 of SMA Use Permit S1 to
make it clear that the "public use" parking stalls on the subject property can be controlled,
including the assessment of fee. The current unfettered use of the parking stalls has not only
been abused but has created some safety and maintenance (and potential liability) issues for
the applicant. While the language of the existing condition would suggest the applicant's ability
to do so without this amendment, to assure greater transparency and not risk been cited for a
violation, the applicant is proposing to amend that condition to make clear that controls can be
exercised.
The subject property is located on the makai side of Kuakini Highway, along the south
side of Hanama Place in Kailua Village and identified by TMK: 7-5-007: 033 with an address of
75-5722 Hanama Place. The "public use" parking area is situated on the makai edge of the
subject property.
Attached is a report outlining the specific request with its justification, as well as a letter
of authorization from the landowner, and a list of surrounding property owners within 300 feet
of the subject property.
Should you have questions on this matter, please feel free to contact me on this matter.
Thank you very much!
Sincerelyt
SIDNEY FUKE
Planning Consultant
Enclosures
Copy—Mr. Darryl Fujimoto via email
Planning Dept.
Exhibit 2
TO WHOM IT MAY CONCERN:
As managing member of D&L Fujimoto, LLC, fee owner of a property identified
by TMK: (3) 7-5-007.033, 1 hereby consent and authorize Sidney Fuke of Sidney Puke
Planning Consultant to file and process my request to amend SMA Permit No. 51 by
modifying and/or clarifying Condition 7 to allow controls, including payment, of this
privately-owned and maintained 20 "public" parking stalls.
x /110�
IX DARRYL FUJIMOTO, Managing Member (Date)
D&L Fujimoto, LLC
AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA 51)
APPLICANT: D&L FUJIMOTO, LLC
KAILUA VILLAGE, KEOPU 3R°, NORTH KONA, TMK: 7-5-007: 033
I. INTRODUCTION
On January 31, 1978, a Special Management Area Use Permit (SMA 51)
was approved by the Planning Commission for a proposed retail food
market and related improvements, including parking and landscaping.
The proposed project designated twenty (20) parking stalls on the makai
side of the proposed building for public use. Pursuant to that, Condition
No. 7 required that the "parking stalls on the makai side of the proposed
building shall be clearly identified as being for public use." (Exhibit A)
The project was developed as proposed and operated as a retail food
market (Foodland) for a number of years. With the closure of the food
market, the structure now houses a variety of uses consistent with the
site's resort.zone (V-.75). The parking stalls on the makai side of the
subject site have continued to be set made available for public use.
The applicant, D&L Fujimoto, LLC acquired the subject property in 2021.
During that time, the applicant has been cooperating with the County of
Hawaii in its request to have a strip of land fronting Kuakini Highway
dedicated to the County. That strip is currently being subdivided and upon
its consummation, dedicated to the County at no cost by the applicant.
The applicant has also continued to adhere to the terms of Condition No. 7
by having the parking area on the makai side of the property for public
use. However, over time, there has been some abuse in the use of this
area. As such, the applicant is proposing to amend that condition by
enabling it to have some measure of control while keeping it available for
public use.
IL PROJECT LOCATION
The subject property, consisting of 1.468 acres or 63,946 square feet, is
identified by TMK: 7-5-007: 033. It is located makai of Kuakini Highway,
along the south side of Hanama Place, in Kailua Village, Keopu V, North
Kona, Hawaii. Surrounding land uses include a free-standing restaurant
and commercial office/retail structure to the north; a commercial complex
and parking areas to the south; and an apartment/condominium complex
to the west. (Figure 1)
12.02.2
"LO go
2 2
i by Y Cr
4
<a v
v
'— H/GHWAY p ..
P �I{
'? x
P7_ at o P adlk
o N
3 a .R •q
I . rye' 2' I u Y` P
Q
1.°` 0.
x
r Di
a•
� m
�'� "a ern'.. � �• ��� � �� �{' Ti� �� � � _ � 4a:
ti �4}7-2Q�pz I'I �^ E `�• ` � �, //Aso,� w a� ���� I
I � Y j Q
+ 10 q g
_ Ity �' � tg i,�F } `�1' ��'' ry�lf� 4` V � � y Ke.uheu C•9.
4u
sALf/ `V
'' ,kwa-+c.,ef"u w arm .��• �:
O,riVc rr-
w x 1111 I � Z
o O
'Js N
ayg I J
1Y0
SUBJECT PAR ! ;
r^ti 3
"uC • � 2
�3a o
a
s Figure 1
III. REGULATORY AND PERTINENT PERMITTING HISTORY
The subject site is located within the "Resort Node" on the General Plan
Land Use Pattern Allocation Guide map. Consistent with that designation,
the site is zoned resort (V-.75).
In 1974, the County Council adopted Ordinance No. 628 creating the
Kailua Village Special District Commission and the boundaries. The
purpose of the Commission was to "advice the Planning Department in
matters concerning the design of buildings ad structures and all public and
private improvements within the village of Kailua_" The subject site is
situated within the boundaries of the Kailua Village Special Design District
and therefore is subject to its review and recommendation.
In 1976, the Kailua Village Design Plan was adopted by the County
Council (Ordinance No. 217). The purpose of the Plan was to "further
clarify the General Plan policies and to establish a more detailed program
for implementing the General Plan within the Kailua Village area."
Pursuant to those actions, the Planning Department's staff report relating
to the SMA application noted that:
"A portion of the subject property has been designated for public parking
by the Kailua Village Design Plan (Ordinance No. 217). The County,
however, has no available funds to acquire the property for such
purposes. For the Commission's information, the petitioner submitted
plans for a proposed village market to the Planning Department for
preliminary comments. Upon review of the original plans, the petitioner
was required by the Planning Department to decrease the retail area of
the proposed market by 1,972 square feet and to provide twenty parking
stalls for public use. The existing layout of the proposed facility and
parking is the result of the preliminary plan review."
Subsequently, the Planning Commission approved SMA 51 with
conditions, with Condition 7 requiring parking stalls on the makai side of
the project for"public use". The attached site plan and Alta Plan reflect
the location of the structures and parking areas, with the twenty (20) public
use parking stalls adjacent to the makai property line. (Figures 2 and 3)
It should be noted that in 1988, an update program to re-evaluate the
Village design goals, objectives and strategies was undertaken. The draft
update plan, however, was never adopted.
In 1994, a more comprehensive effort to update the 1976 Plan was taken
resulting in a document entitled, Master Plan for Kailua-Kona. The
purpose of the Master Plan was to "assist and guide the Kailua Village
/ � G
J
V
I V
I
U I
v
V V
V U
I
x
x �
1
1
i1
I A I
o x
W
C, q
i
l +
O
t� ❑
S P F v I
I
�anv
PUBLIC FARM A
1
Figure 22
I Ol
?�,, a
3 gilt, e -
g -
;yH 6"
,a �3R�a�� � $ � _ � g �
Jill
Up
gy r tt (g( €€{{ pg
u b A L` b CA
ape [�aj 'MIT
E�`��� �� 9yEEE��FpE99a��� � lgig��a
ESE 3y rj g Y k q ?e k 8 k 4k ill
�sg �a rp €e C�kppExysauo _s � g j
s iEk# 56aA �EC :F kkiygy3s0a � g It jj
d 3dF1 �IFR C � � i If
off. t II 1 ! AN }�
w1
Lo
s �b
a�
rIf r t q oh 3 zo
3 i
c y
�_ • ,\\ 1 sal —4 �. � �
$ `
fill p
PUBLIC
PARKING
AREA
Fi ure Sec a!E [ €F €$ fie A$ y� 3F9A13
Design Commission and the County of Hawaii in regulating development
in the Kailua Village Special District' and to "guide private sector
investment and development in the Kailua-Kona area, as well as
revitalization efforts in Kailua town. " Whereas the boundary of the 1976
Plan was limited to the core of Kailua Village, the 1994 Plan covered the
boundaries of the entire Special District.
The 1994 Plan identifies this general area for Resort/Commercial Mixed
Use (Figure 4). While it does not have any identifiable use of the subject
site, the area south of the "public use" parking area has been identified for
a parking structure. (Figure 5)
The author of this report is unsure whether 1994 plan was formally
adopted by the County Planning Commission or County Council.
IV. NATURE OF REQUEST
The project already meets the parking requirement of the Zoning Code.
As such, the public use parking stalls would be over and beyond the
required parking. Notwithstanding that situation, the applicant has no
intention of abrogating the public use parking condition of the SMA Permit.
To that extent, the twenty (20) "public use" parking stalls have and will
continue not to be counted as part of the project's basic parking
requirement.
However, because of the abuse of their usage and the need to assure
greater public safety and their maintenance, as will be explained in detail
below, the applicant wants the ability to exercise some measure of control
over this parking area.
While the language of the existing condition would suggest the applicant's
ability to do so, to assure transparency and not be accused of violating the
terms of the condition, the applicant proposes to have the condition
amended as follows:
"That the parking stalls on the makai side of the proposed building shall be
clearly identified as being for eg neral public use. Appropriate controls,
which maV include fees, to address public safety, enforcement, and its
maintenance may be instituted by the owner and/or operator of_this
parkinq area."
V. JUSTIFICATION OF REQUEST
There are essentially three (3) supportive reasons which justify this
request. First and most important one is that its uncontrolled use breeds
abuse, safety, and maintenance issues for the owner/operator of this
m
a
V r H m 0 � �� a7m QN C � tAa � �" . ►
m5 r Lam:
y 4 O C O N X O d N fa� �._, w <
LS] d 2 U 2m U� 2 cc �Cc O
• x x\a, • . • • • • • w • . ,
• • x x
X x x x x•_. . f:
:. + �•
x x x x':::••-
�' • • �� • X
: • • ot, x
EXISTING
PUBLIC PARKING
AREA
to
.34
�i «04
1 ,1 S �6�n�Pb �.• ,.��F}V �,
1 F;aure 4
I � S•i fJ
�`p• ��•� ,•��-�^, '`^� �' gip �
rrrr
IVY
J
! ■ram `��'4���.: I` d r-'r1����� �,,i.�S� ,,, ... ' ��
N {}'
ow—w� � M t•It�Y/ Jy ���
{,\ ti,or►� w Fe
I.TnG.
*\
Jig
E 'tie
�� � �f��3�` � IE''71 yiil� � � :•rt
is
� %\1 AIPP
it M
Is 1
q /
�r�
T' yam! A a �� �►r
parking area. The other is having the zoning code applied equitably, lest it
be in contravention to the spirit and principle of"equal protection of the
law." The last reason is whether the condition itself is in fact legal.
NEED FOR CONTROL: As for the principal reason, since there are no
controls over its use, vehicles have parked there for extended periods,
with some users treating it as one's own private stall. This abuse results
in the "general" public having less access to this parking area —whether to
patronize shops within the Village or to park and enjoy coastal shoreline
activities. Its uncontrolled use diminishes the concept of"public". That is
the reason for the inclusion of the term "general" before "public use"—to
ensure that this area is reserved for and used by the general public and by
a member of the public for its exclusive private use and enjoyment.
There have also been abandoned vehicles that have had to be removed at
the applicant's expense, as well as people sleeping overnight in their
vehicles_ Additionally, because this area is not controlled, there have
been evidence of illicit activities occurring in this area. The applicant's
maintenance crew has constantly removed syringes, beer cans, bottles,
and other trash from this area. Collectively, these situations do not foster
a safe, sanitary, and healthy parking experience for the general public.
To assure a safe parking experience, there will have to be some measure
of controls and increased maintenance. These controls and its enhanced
maintenance— let alone its liability responsibility—will entail added costs.
As such, the applicant and/or operator would like the ability to assess
reasonable hourly fees, with possibly having free parking for a limited
period and prohibiting overnight parking except on a paid basis.
It should be noted that controlled parking for the Rublic is not uncommon.
For example, to address general availability, maintenance cost, and
security, many government facilities prohibit overnight parking and even
assess hourly parking for the public. To minimize the monopolization of a
parking stall and making it generally available, many commercial
establishments, including the east Hawaii County building, have instituted
controls, including fees via parking meters.
CONSISTENT APPLICATION OF THE ZONING CODE: Section 25W4-
50(b) relating to off-street parking of the Zoning Code states that "Off-
street parking and loading spaces shall be provided in such number, at
such location and with such improvements as required as set forth in this
division." Thus, while it outlines the required number, dimensions, and
location of the parking stalls, the Code does not imply or specifically state
that the required parking cannot be controlled.
As such, it is not uncommon to find establishments — be it private (like
commercial buildings) or public (State or County buildings) assess a
parking fee for use of the required parking. It should also be noted that
some public establishments like the County Hale Halewai Park also
restrict parking —whether by gates or chains —during certain hours. Even
parking areas for public accesses are also subject to controls (Mauna Kea
Beach, Hokulia, etc.)
The point here is that required "public" parking does not mean "free" and
unfettered 24/7 availability. The Zoning Code does not prohibit
reasonable controls and restrictions_ The applicant, in this instance, is
requesting the ability to exercise those kinds of controls that have been
afforded to other public or private establishments.
LEGITIMACY OF CONDITION: As noted earlier, the legal authority of
such a condition could be questioned. That condition is unprecedented
and designed to serve a public purpose without just compensation. Had
the condition be imposed as part of a rezoning action, perhaps an
argument justifying its imposition could have been made. However, the
commercial/retail use was already deemed permitted. The condition was
made part of a Special Management Area Use Permit, and a condition like
"public parking" has to be related to the objectives and policies of the
SMA.
It is highly debatable whether the basic project has this public shoreline
access implications that generate a need for public parking. Even if it did,
please note that while coastal access public parking area requirement has
been required of a number of projects, the condition has not precluded
controls over its use, including time of use.
Notwithstanding the questionable legality of the condition, the applicant is
not taking issue with that. li so, it would have requested that the condition
be stricken in its entirety. This argument is noted more for contextual
purposes. The applicant will continue to make this area available as a
public parking area with some measure of controls to address safety,
maintenance, and availability to the general public.
V. RELA T IONSHIP TO SMA POLICIES AND OBJECTIVES
A. Recreational Resources
The proposed improvements should not have any adverse impact to
the recreational resources of the area. The property is not a coastal
property, and there are intervening privately owned properties between
the project site and the ocean.
Furthermore, the project could potentially make available more parking
for coastal recreational users.
B. Historical and Cultural Resources
As area of the proposed improvements are fully improved, there should
be no archaeological features on the site_ Further, improvements
would consist largely of signage and other portable self-operated gate
controls_
However, because of the parking site's proximity to the Village core, it
can be conveniently accessed to people visiting historical cultural
features within the Village, such as the Mokuaikaua Church or Hulihee
Palace-
C. Scenic and Open Space Resources
As noted earlier, the improvements already exist. As such, there
should be no significant change to the coastal view plane. Please also
note that the shoreline is not readily visible from the subject site, as
there are intervening structures. As such, the request will have little, if
any, visual coastal view plane impacts.
D. Coastal Ecosystem
The proposed improvements should not generate any adverse impacts
to the area's coastal ecosystem. There will be no improvements that
would generate additional runoff. Further, the site is situated over 500
feet from the shoreline, and any direct interaction between the
proposed improvements and the coastal water should be barely
existent, if at all-
F. Economic Uses
VWL,i the greater use of this parking area by the general public, it
should help out some of the smaller businesses in this area. Under a
controlled environment, the general public would be more inclined to
use the parking as a base to do its shopping, picking up their lunches,
and so forth. In so doing, businesses could find this to be of value.
F. Coastal Hazards
Although the site is designated "X" on the Flood Insurance Rate map, it
still falls within the Civil Defense Tsunami Evacuation Zone. The
proposed amendment should not change existing uses. With the
advance early warning systems, those who park here should have
some time to address impacts from tsunami (with the exception of
locally generated tsunamis).
As the site is not located adjacent to the shoreline and over 500 feet
away, normal winter storm waters should not be an issue for this
projeci_
G. Managing Development
While this function is more applicable to the "authority" or approving
agencies, the request is intended to operate within the confines of the
existing Zoning Code. The subject site is zoned V-.75, and the
principal use of the site is permitted. The request is merely to amend
the terms of a parking area. In that regard, this project would be
consistent with the policy of"us(ing), implement(ing), and enforc(ing)
existing law effectively to the maximum extent possible in managing
present and future coastal zone management."
H. Public Participation
There is a statewide public advisory body called Marine and Coastal
Zone Management Advisory Group (MACZMAG) that has the task,
among other matters, of advising the lead agency (Office of State Plan)
on coastal management issues. This includes a direct or indirect
review of certain requests that may have statewide coastal zone
management implications.
Public participation in the review of the permitting process is also
achieved through the posting of a sign, as well as the use of sending
notices to surrounding property owners of the submittal of an SMA
application and another separate notice informing said owners of the
date of the Leeward Planning Commission's required public hearing as
well as the rights to request for participation via a contested case
hearing.
I. Beach Protection
The subject property is not a coastal property and over 500 feet from
the shoreline. As such, the policies and objectives relating to this
matter do not apply.
J. Marine Resources
If deeded for the installation of the portable and self-operating control
measures, mitigating erosion control measures can be taken to avoid
any construction interface with the ocean.
Based on the foregoing, it is concluded that the proposed amendment
would not be inconsistent with the objectives, policies and guidelines of
the Special Management Area Rules and Regulations. Specifically:
A. The proposed project will not have any substantial, adverse
environmental or ecological effect. Any effect that may result will be
minimized to the extent practicable and is clearly outweighed by public
health, safety and welfare, and other compelling public interest.
Further, it will not generate any adverse effects by themselves or in
conjunction with other individual developments, the potential
cumulative impacts of which would result in a substantial adverse
environmental or ecological effect and the elimination of planning
options. Appropriate mitigating measures will be taken to address any
potential adverse impacts of this project;
B. The proposed uses - as discussed earlier- are consistent with the
objectives, policies, and guidelines of the SMA Rules and Regulations;
and
C. The proposed uses are consistent with the County General Plan, Kona
Community Development Plan, and the County Zoning Code. All of
those documents earmark the subject site for resort uses. And the
public parking is a condition of the SMA Permit. No zoning
amendment is required to effectuate this request.
PLANNING COMMISSION
Planning Department
County of Hawaii
Hilo, Hawaii
Application for )
SPECIAL MANAGEMENT AREA )
USE PERMIT )
by )
PACIFIC WAREHOUSE, INC. 3 SKA USE PERMIT NO. �?
for 3
A RETAIL rOOD MARKET & )
RELATED 111PROVEMENTS )
in )
Kailua Village, Keopu 3rd, )
North Kona, Hawaii )
)
SPECIAL MANAGEMENT AREA USE PERMIT
The County Planning Commission at a duly held public hearing
on January 31, 1978, considered the application of PACIFIC 'WAREHOUSE,
INC. for a Special Management Area Use Permit in accordance with
Rule No. 9, Rules and Regulations Relating to Environmental Shoreline
Protection, to allow the establishment of a retail food market and
related improvements, including parking and landscaping in Kailua
Village, Keopu 3rd, North Kona, Hawaii, Tax Map Key 7--5-07-33
through 50.
The Commission has found:
That the approval of the proposed project will not result in
the loss of valuable natural, cultural, or recreational
resources of the coastal zone. No rare native or endemic
plants and/or animal species inhabit the site. Similarly,
no objects of cultural or archaeological significance are
known to exist on the property. In addition, due to its
location approximately 650 feet from the shoreline, and the
fact that the intervening urban area is densely built up,
the proposed single story structure will not significantly
obstruct the existing line of sight towards the ocean from
the nearest highway. Also, the property slopes makai from
Kuakini Highway. The parking area along Kuakini Highway
will be below the roadway grade and is not expected to
be visually obtrusive. A landscaping strip along the road-
way and the use of canopy trees within the parking area
will further reduce the visual impact of the parking.
Neither will the proposal remove or impose restrictions on
existing access routes to the beaches or shoreline recreational
areas.
Likewise, no adverse impacts on air and water quality are
anticipated since no food processing and subsequent dis-
charge of processing wastes are involved in the retail
market operation. The existing County sewerage system
could, therefore, accommodate expected watteloads.
EXHIBIT A
Negative impacts on the local water quality resulting from
soil erosion and runoff during the site preparation and
construction phases should be adequately mitigated through
compliance with existing ordinances.
In addition, the granting of the subject request will not be
detrimental to the Special Management Area in that it will
not result in the foreclosure of management options. Since
Kailua is already urbanized, the proposed use will con-
tribute to the functioning of the area. The location of
the proposed use is such that both vehicular and pedestrian
traffic will have easy access to it. It is expected that
the proposed use will service both the visitor and the
permanent resident population. Further, the provision of
twenty (20) parking spaces for the general public will enhance
the economic development of Kailua while providing partial
solution of the parking problems in the area.
Based on the above, it has been determined that the proposed
development is not in conflict with the objectives and
policies of the Environmental Shoreline Protection Act
(Act 176, S.B.H., 1975), Rule 9 of the Planning Commission,
or the Hawaii Coastal Zone Management Act (Act 188, S_L.H.,
1977) , nor is it contrary to any other County or State long-
term land use or environmental goals or policies.
Therefore, the Commission hereby grants to the petitioner a
Special Management Area Use Permit to allow the establishment of
a retail food market and related improvements, including parking
and landscaping pursuant to the authority vested in it by Rule
No. 9, Rules and Regulations Relating to Environmental Shoreline
Protection, subject to the following conditions:
1. That the petitioner or its authorized representative
shall consolidate parcels 33 through 40 of tax map
key 7-5-07 within 5 months of the effective date of
approval of the Special Management Area Use Permit.
2. That the petitioner or its authorized representative
shall submit plans for plan approval within one year
from the effective date of approval of the SMA Use
Permit.
3. That the-petitioner shall submit a landscaping plan
to the Kailua Village District Commission for its
review and recommendation to the Planning Director
for his review and approval. Said plan shall include
a 14-foot wide landscaping buffer along Kuakini Highway
as well as the use of canopy trees within the mauka
parking area.
4. That the proposed improvements shall conform substan-
tially to the plans submitted and the representations
made by the petitioner. The plans shall include the
reciting of the building further mauka towards Kuakini
Highway to enable the placement of another tier of parking
on the makai_ side of the subject property.
5. That construction of the proposed improvements shall
commence within one (1) year from the receipt of final
plan approval and shall be completed within two (2)
years thereafter.
_ 2 _
6. That the petitioner shall obtain a Grading Permit from
the Countv of Hawaii Department of Public Works and
shall comply with all other conditions which may be
imposed by the Chief Engineer.
7. That the parking stalls on the makai side of the proposed
building shall be clearly identified as being for public
use.
8. That the petitioner shall immediately notify the State
Historic Preservation Officer and the Planning Director
should any objects of archaeological significance be
-found during the site preparation.
9. That all other applicable rules, regulations, and require-
ments, including the Plan Approval process, shall be
complied with.
10. That the petitioner shall be responsible for widening
Hanama Place with a 20-foot pavement meeting the approval
of the Chief Engineer between Kuakini Highway and the
makai edge of the subject property prior to the issuance
of the occupancy permit for the proposed building.
11. That the petitioner shall submit plans dealing with the
design of the makai and south side of the proposed building
to the Kailua Village District Commission for its review
and recommendation to the Planning Director.
Should these conditions not be met, the Special Management
Area Use Permit may be deemed null and void by the Planning Commission.
The effective date of this permit shall be January 31, 1978.
Dated at Hilo, Hawaii., this � day of 1978.
iriilla am F. Mielcke, Chairman
Planning Commission
ASSrsTAL 11211111
XGt M.R.. O►h+�.k.. '
I
- 3 r
JOSH GREEN,M.D. of„ KENNETH S. FINK,M.D, MGA,MPH
GOVERNOR OF HAWAII �p Bess 9 y` DIRECTOR OF HEALTH
KE KIA'AINA O KA MOKU'AINA O HAWAI'I y� KA LUNA HO'OKELE
`e
01
"r
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
Planning Dept.
MEMORANDUM Exhibit 3
DATE: February 23, 2023
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Special Management Area Use Permit Application (PL-SMA-2022-000027)
Amendment to Special Management Area Use Permit No. SMA 51
(Docket No. SMA-77-000031)
Applicant: D&L Fujimoto, LLC
Request: Amendment to Condition No. 7 (Clarify Public Parking)
TMK: 7-5-007:033, North Kona, Hawaii
In most cases, the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies, project owners, and their agents should apply Department of Health "Standard
Comments" regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Planning Review section of the
Department of Health website: https:Hhealth.hawaii.gov/epo/landuse/. Contact
information for each Branch/Office is available on that website.
Note: Agencies and project owners are responsible for adhering to all applicable
standard comments and obtaining proper and necessary permits before the
commencement of any work.
General summary comments have been included for your convenience. However, these
comments are not all-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Clean Air Branch
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
Zendo Kern
February 24, 2023
Page 2 of 4
Chapters 11-59 and 11-60.1.
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses, public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: hops://health.hawaii.gov/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
hops://health.hawaii.gov/cwb/clean-water-branch-home-
pa e/g cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation& Emergency Response Office
are at: https:Hhealth.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-
502,
11-503, and 11-504.
2. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos, the applicant should
contact the Asbestos and Lead Section of the Branch at
https://health.hawaii.gov/irhb/asbestos/.
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1) Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
Zendo Kern
February 24, 2023
Page 3 of 4
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: hops://health.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: https://health.hawaii.gov/Mo/landuse/.
Solid & Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible, waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program—The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid& Hazardous Waste Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Wastewater Branch
For comments,please email the Wastewater Branch at doh.wwb@doh.hawaii.gov.
Sanitation/Local DOH Comments:
1. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, "Community Noise Control," shall not be exceeded unless a
noise permit is obtained from the Department of Health.
2. According to HAR §11-26-35, No person, firm, or corporation shall demolish or
clear any structure, place, or vacant lot without first ascertaining the presence or
absence of rodents that may endanger public health by dispersal from such
premises. Should any such inspection reveal the presence of rodents, the rodents
shall be eradicated before demolishing or clearing the structure, site, or vacant lot.
A demolition or land clearing permit is required prior to demolition or clearing.
Zendo Kern
February 24, 2023
Page 4 of 4
Other
1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers, planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter,please contact the Department of
Health, Hawaii District Health Office, at(808) 933-0917.
Mitchell D.Roth ' '.��„' y�; Ramzi I.Mansour
Mayor ;4 Director
Lee Lord Brenda Iokepa-Moses
Managing Director
'OF"" Deputy Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 'Hilo,Hawaii 96720 'cohdem@hawaiicounty.gov
Ph: (808)961-8083 'Fax: (808)961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Dir �IQ) .
Department of Environmental Management
DATE: March 7, 2023
SUBJECT: Special Management Area Use Permit Application(PL-SMA-2022-000027)
Amendment to Special Management Area Use Permit No. SMA 51
(Docket No. SMA-77-000031)
Applicant: D&L Fujimoto, LLC
Request: Amendment to Condition No. 7 (Clarify Public Parking)
Tax Map Key: (3) 7-5-007:033, North Kona, 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):
• Commercial operations, State and Federal agencies, religious entities and non-profit
organizations 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.
The Wastewater Division has reviewed the subject application and offers the following:
• No comment: Property is already connected to the Hawaii County sewer system and no
alteration to plumbing is planned.
Planning Qepi.
Exhibit
County of Hawaii is an Equal Opportunity Provider and Employer
HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII .
HILO, HAWAII 96720
DATE February 27, 2023
Memorandum
TO ALEX ROY, COUNTY OF HAWAII, PLANNING DEPT.
FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH
SUBJECT: D&L FUJIMOTO LLC, SMA USE PERMIT, (PL-SMA-2022-000027)
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 Clinton.Baybayanna hawaiicounty.gov or call 808-
323-4761.
Respectfully Submitted,
Z::�� gff�—
Clinton Baybayan
Fire Prevention Captain
Fire Prevention Branch
Hawaii Fire Department
Planning Dept.
Exhibit 5
Mitchell D. Roth �° ,_ > ' '- Benjamin T. Moszkowicz
Mayor
Police Chief
LANNING
County of Hawai�i MAR 15 2�023 Fmi�2
POLICE DEPARTMENT
349 Kapi`olani Street Hilo,Hawaii 96720-3998
(808)935-3311 Fax(808)961-2389
MARCH 10, 2023
TO ZEND N, PLANNIN9 DIRECTOR
D INT CHIEF, AREA II OPERATIONS
FROM rI�A
SUBJECT SPECIACMAWGEU�_ AREA USE PERMIT APPLICATION (PL-SMA-2022-000027)
AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT NO. SMA 51
(DOCKET NO. SMA-77-000031)
APPLICANT: D&L FU]IMOTO, LLC
REQUEST: AMENDMENT TO CONDITION NO. 7 (CLARIFY PUBLIC PARKING)
TAX MAP KEY: (3) 7-5-007:033, NORTH KONA, HAWAI'I
This is in response to your memorandum dated February 23, 2023 regarding the above-referenced
Special Management Area Use Permit Application.
Staff has reviewed the applications and has no comments or objections to offer at this time.
Should you have any questions or concerns, please contact Captain Calvin Delaries, ]r.,
Commander of the Kona District, at (808) 326-4646, ext. 299, or via email at
calvin.delaries(a)hawaiicountyQov.
CD/jaj
23HQ0256
Planning Crept.
Exhibit_ _
"Hawai'i County is an Equal Opportunity Provider and Employer"
OF "� STATE OF HAWAFI
OFFICE OF PLANNING JOSH GREEN,O .
GOVERNOR
& SUSTAINABLE DEVELOPMENT S�°TTJoRE�o"
235 South Beretania Street,6th Floor, Honolulu, Hawaii 96813 Telephone: (808)587-2846
Mailing Address: P.O. Box 2359, Honolulu, Hawai'i 96804 Fax: (808)587-2824
Web: https://planning.hawaii.gov/
Coastal zone DTS 202302231001NA
Management
Program
March 20, 2023
Environmental Review
Program
Land Use Commission Mr. Zendo Kern, Director
Department of Planning
Land Use Division County Of Hawaii
Special Plans Branch East Hawaii Office
101 Pauahi Street, Suite 3
State Transit-Oriented Hilo, Hawaii 96720
Development
Statewide Geographic Attn: Mr. Alex Roy
Information System
Dear Mr. Kern:
Statewide
Sustainability Branch Subject: Special Management Area Use Permit Application (PL-SMA-2022-
000027) Amendment to Special Management Area Use Permit No.
SMA 51 (Docket No. SMA-77-000031)
Amendment to Condition No. 7 (Clarify Public Parking); Makai of
Kuakini Highway, North Kona, Hawaii; Tax Map Key: (3) 7-5-007: 033
Thank you for the opportunity to provide comments on Special
Management Area (SMA)Use Permit Application (PL-SMA-2022-000027)to
amend Condition No.7 of SMA Use Permit No. 51 (Docket No. SMA-77-
000031), North Kona, Hawaii, transmitted via memorandum dated February 23,
2023.
According to the subject application, the applicant, D & L Fujimoto LLC,
is requesting an amendment to Condition No.7 of SMA Use Permit 51 to clarify
that the "public use"parking stalls on the makai edge of the subject property can
be controlled, including the assessment of a parking fee. SMA Use Permit 51 was
granted in 1978 for a proposed retail food market and related improvements,
including parking and landscaping. The current use of 20 public parking stalls has
been abused and created safety and maintenance issues for the applicant.
The Office of Planning and Sustainable Development(OPSD) has
reviewed the subject application. OPSD has not found any inconsistency with the
requirement of public access set forth in Hawaii Revised Statutes § 205A-26 from
the applicant's request, including assessment of a parking fee, to improve public
safety, enforcement and maintenance of the parking stalls designated for public
use under Condition No.7 of SMA 51.
Planning Dept.
Exhibit?
Mr. Zendo Kern
March 20, 2023
Page 2
If you have any questions regarding this comment letter, please contact Shichao Li of our
office at(808) 587-2841 or by email at shichao.li@hawaii.gov.
Sincerely,
for Scott Glenn
Director
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: March 24, 2023
IffewaW0449 fL
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: Special Management Area Use Permit Application
(PL-SMA-2023-000027)
Amendment to Special Management Area Use Permit No. SMA 51
(Docket No. SMA-77-000031)
Applicant: D&L Fujimoto, LLC
Request: Amendment to Condition No. 7 (Clarify Public Parking)
TMK: 7-5-007.033
We have reviewed the subject request forwarded by your memo dated February 23 and
have no objection to the request to clarify public parking within private property and the
proposed clarification.
Questions may be referred to Robyn Matsumoto at 961-8924.
Planning Dep;.
Exhibit 8
County of Hawaii is an Equal Opportunity Provider and Employer
� Ale
SidneyFuke Plannin Consultant
arw P.O.Box 1345 •Hilo,Hawaii 96720 •Planning•Variance•Zoning
Cell:(808)989-0640 •Subdivision•Land Use Permits
E-mail:sldneyfuke@gmall.com •Environmental Reports
March 20, 2023
Mr. Zendo Kern, Director
Planning Department
COUNTY OF HAWAI'I
101 Pauahi Street
Hilo, Hawaii 96720
Dear Mr. Kern:
Subject: Special Management Area Permit No. 51 (PL-SMA-2022-000027)
Applicant—D&L Fujimoto, LLC
Kailua e, Keopu 3"d, North Kona, TMu• 7-5-007•
This is in response to agency comments received via EPIC to date regarding the subject
application.
The State Department of Health (DOH)provided its "standard"and not individualized
comments "to expedite the land use review and process." The general comments required
compliance with applicable DOH requirements.
In that regard, the request to institute administrative controls over the use of the parking
area will not require a wastewater system. However, the ability to control will enable the
applicant to better manage the solid waste generated by users of the parking area. As with the
balance of the project area, solid waste will be disposed at the authorized landfill site and not at
any transfer stations.
Relative to the comments of the Solid Waste Division of the County Department of
Environmental Management(DEM), as noted above, any waste generated will be disposed at the
County landfill and not at transfer stations. There is no wastewater to be generated with the
proposed use.
Finally, as there will be no structural or other type of physical improvements and instead
only the institution of management of the parking area,the requirements of the Fire Code should
not be applicable. If they are, however, the applicant will adhere to them.
We look forward to reviewing and responding to other agency comments as they are
uploaded. In the meantime,please feel free to contact me if there are questions on this matter.
Thank you very much!
ncerely
vy
SIDNE M. FUKE
Planning Consultant Planning Dept.
Exhibit
cc Mr. Darryl Fujimoto via email
75-5719 Alii Drive, Unit 213
Kailua-Kona, HI 96740
March 31,2023
Sidney Fuke, Planning Consultant
P. O. Box 1345
Hilo,HI 96720
Dear Sidney,
'We received your letter, dated March 29; we are residents of Kona Plaza. We will not be
available to attend the public hearing of the Leeward Planning Commission meeting on April 20.
We strongly support the amendment to Condition 7 of the SMA Use Permit(SMA 51, PL-
SMA2023-000027).
Our home is Unit 213 on the second floor;we are homeowners and full-time residents. Our east-
facing lanai faces directly the twenty parking stalls in question.We,too, are bothered by
abandoned vehicles,illegal activities (much marijuana smoke wafts into our condo),and trash
which accumulates. We are bothered by the exhaust from the vehicles, whose owners run their
engines for hours at a time--especially diesel engines.
Please use the above paragraph as our testimony in this matter.
Also,please do not hesitate to contact us with any questions.
Mahalo nut to
Ape--
Nancy and Vernon Lowrey
Nancy's cell: 573-465-0501
Vernon's cell: 573-465-2874 Planning Dept.
Exhibit 10