PD Recommendation Report for Thomas & Lisa Tice (PL-SPP-2023-044)

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parking spots for the Bed and breakfast. According to the DOH— Sanitation Branch, if the bed and breakfast offers non-hazardous breakfast foods such as commercial cereal, certain pastries,breads,fruits,coffee,tea,or juice,then a food establishment permit is not required, however the limited menu must be documented with DOH. Additionally, DOH notes that according to their sanitation code, a bed and breakfast establishment is defined as a single- family dwelling in which overnight accommodation and breakfast is included, and the number of guests does not exceed 6. If the applicant exceeds these parameters, DOH rules state that the applicant will need to obtain a food establishment permit,which may include the construction of a separate commercial kitchen. According to the Department of Water Supply (DWS), there is no existing water service to the site. Water for the proposed Bed and Breakfast will be provided by an existing 10,000-gallon water catchment tank that is currently in use by the applicants. A condition of approval will be included requiring the applicants to meet all applicable County, State and Federal laws, rules, regulations, and requirements. Based on the preceding, the requested use will not burden public agencies to provide additional services. (D)Unusual conditions,trends,and needs have arisen since district boundaries and regulations were established. In the 1960's and 1970's, the State's agricultural district boundaries and regulations were established and subsequently amended pursuant to HRS Chapter 205. The State Land Use Commission was created in 1961, and interim regulations and temporary district boundaries became effective in August of 1964. The property and surrounding areas are designated for agricultural uses by both State and County land use laws. Through the issuance of a Special Permit, a community may establish various non-agricultural services that may not be available or allowed by zoning. Since the district boundaries were established in the 1960's, Kona's population has grown substantially and the establishment of opportunities for landowners, such as a Bed and Breakfast establishment for visiting guests,has not been able to keep pace with this growth. The State Land Use Commission has not designated new urban lands where these private visor accommodations can be established, therefore, a Special Permit is the only way to provide these opportunities to the community. -4-