PD BACKGROUND REPORT (PL-SPP-2023-000039 & PL-USE-2023-000010)

Home

Special Permit Application and Use Permit Application Hamakua Health Center, Inc. Driveway and utility service connections within the County's right-of-way will be required, these de minimums uses do not rise to the level of the "use" of State or County lands sufficient to trigger HRS Chapter 343 requirements. See, Umberger v. Dep't of Land&Nat. Res., 140 Hawaii 500, 403 P.3d 277 (2017) (When the proposed activity utilizes State or County lands in a decidedly inconsequential or negligible manner, like the mere connection to State or County lands in Nuuanu Valley, or when the use is hypothetical, like the "potential use" of a public highway in Citizens,then the activity does not rise to the level of"use" contemplated by [Chapter 343].). Pursuant to DOH rules relating to wastewater, for developments involving buildings other than dwellings, IWS systems may be used as the on-site means of wastewater disposal in lieu of wastewater treatment works (HAR § 11-62-31(a)(2). Therefore, installation of an IWS for the Project does not trigger environmental review under HRS Chapter 343. VII. LAND USE DESIGNATION AND CONTROLS A. State Land Use Commission The Project is situated within the SLU Urban District and Agricultural District (Exhibit 8a-SLU map). HHC is concurrently seeking a Special Permit to allow for the establishment of the Transitional Clinic and Workforce Housing components of the Project within the approximately+2.5-acre portion of the approximately 4.321-acre portion of the Property that is located within the SLU Agricultural District pursuant to HRS § 205-6 and HAR § 15-15-95(b). The County of Hawaii Planning Commission is authorized to permit "certain unusual and reasonable uses within [the State's] agricultural . . . . districts other than those for which the district is classified" for land areas of less than 15 acres, such as the Project. All applications approved by the Commission for land areas greater than 15 acres or for lands designated by the State Land Use Commission as Important Agricultural Lands, are forwarded to the State Land Use Commission for final decision,but this is inapplicable to the Project. See HRS § 205-6(d) and HAR § 15-15-95(b) (Exhibit 8c-SLU Agricultural District survey map and metes/bounds description). Further, HHC is seeking a Use Permit to allow for the establishment of the Permanent Clinic component of the Project within the approximately 1.322-acre portion of the Property that is located within the SLU Urban District, pursuant to HCC § 25-5-3(b)(8) (Exhibit 8b-SLU Urban survey map and metes/bounds description). _________________________________________________________________Page 13 of 38