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HomeMy WebLinkAbout.PD BACKGROUND REPORT (PL-SMA-2024-000047) BGraham SMA March 2024 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT JEREMY GRAHAM SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2024-000047) JEREMY GRAHAM has submitted an application for a Special Management Area Use Permit to construct a two (2) story, 6,404 square foot single-family residence and related improvements on a 23,958-square foot shoreline parcel within the Special Management Area. The subject property is located on Paradise Ala Kai Road, approximately 200-feet north of the intersection of Paradise Ala Kai Drive and Kilika Street, Hawaiian Paradise Park Subdivision, Puna, Hawaii, TMK: (3) 1-5-059:049. PROPOSED DEVELOPMENT 1. Request: Jeremy Graham seeks a SMA Use Permit to construct a new two-story single- family residence with 3,357 square feet of interior space, and 3,047 square feet of accessory space on a 0.55-acre parcel of land located on the makai (seaward) side of Paradise Ala Kai Drive within the Special Management Area (SMA) on the Island of Hawaii. The proposed two-story home would have a total of 6064 sf of living space, with five (5) bedrooms and three and a half (3.5) baths, garage and covered lanai. Additionally, the Applicant is proposing to construct an in-ground swimming pool on the makai side of the parcel approximately 47-feet from the certified shoreline. The home will be powered by the existing electric service, with potable water provided by a proposed well to be installed by the applicant. The proposed project will require a Department of Health (DOH) approved individual wastewater system to be installed on the makai side of the subject parcel; this will also be sited 47-feet from the shoreline. 2. Project Objectives: The purpose of the project is to construct a single-family residence on the subject parcel for personal use. 3. Cost/Time of Project: The current estimated cost of the improvements is $815,000. The project would be initiated after completion of the final design and the granting of all necessary permits. -1- 4. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — SMA Use Permit Application dated January 16,2024) 5. Landowner: CALCAM INVESTMENTS LLC,Monument, CO. BACKGROUND INFORMATION 6. Special Management Area (SMA): The project parcel is completely unaltered and undeveloped, no previous SMA approvals have been requested. 7. Chapter 343, HRS: Pursuant to Hawaii Revised Statutes (HRS) Ch. 343-5, the proposed activities do not trigger the need for an Environmental Assessment (EA), therefore,no EA is required. STATE AND COUNTY PLANS 8. State Land Use Designation: Agricultural 9. General Plan LUPAG MAP: Rural (rur) and Open (ope) 10. County Zoning: Agricultural 1-acre (A-la) 11. Puna Community Development Plan (PCDP): The Puna Community Development Plan was adopted by the Hawaii County Council by Ordinance No. 08-116 on September 10, 2008, and amended on November 4, 2010, by Ordinance No. 10-104; on June 8, 2011, by Ordinance Nos. 11-51, 11-52, & 11-53; and on December 6, 2011,by Ordinance Nos. 11-117 & 11-118. 12. Special Management Area (SMA): The project is located within the Special Management Area and therefore,the proposed development is subject to SMA review. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Subject Property: The property consists of approximately 23,958 sf and is located on the makai side of Paradise Ala Kai Drive. The property is rectangular in shape and is undeveloped and overgrown with vegetation. The property is generally flat, with a slight slope to the shoreline which consists of an unvegetated volcanic bench. To the north is a parcel developed with a single-family residence and related improvements, to the south by an undeveloped parcel, to the west is Paradise Ala Kai Drive, and to the east is the ocean. -2- 14. Surrounding Land Zoning/Uses: The surrounding area is primarily residential with most of the parcels developed with single family residential structures and related improvements within the A-la zoning designation. Immediately makai of the subject parcel is the rocky coastline which consists of small volcanic benches and cobble/boulder deposits. The location of the shoreline is the top of the bench. 15. Land Study Bureau's Detailed Land Classification System: The project site is listed as "E" (Very Poor). 16. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The project site is listed as "unclassified" ("0") on the ALISH Map. 17. Flood Insurance Rate Map (FIRM): The majority of the subject property is within Flood Zone X which is the area determined to be outside the 500-year flood zone; the coastal area is within Flood Zone VE which is the Special Flood Hazard Area inundated by the 100-year coastal flood, and based flood elevations calculated. Additionally, the property is in the tsunami evacuation area. During evacuation, occupants of the proposed house would use Paradise Ala Kai Dive to evacuate the area. 18. 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 has been undeveloped and no rare or threatened species have been noted on the subject parcel. Site vegetation consists of common, non- native plants, shrubs, and grasses. The site is not known to be a habitat for any rare or endangered wildlife other than could be found along the shoreline. The residential/developed nature of the surrounding area would make it less likely to find other protected and endangered species. 19. Archaeological Resources: The applicant has stated that due to the long history of development within this established subdivision, the existence of any surface or subsurface archeological remains is extremely unlikely. 20. Cultural/Historic Resources: The subject parcel is adjacent to the shoreline which supports activities such as fishing or gathering. While there is no specific shoreline access path or trail through the subject parcel, the proposed project will not alter, or impact access along the shoreline or its use. It is not known whether the subject site or -3- immediately surrounding area was ever used for gathering of plants or other materials by native Hawaiians. Given the long history of residential development of the area, it would appear very unlikely that the site would contain any useful materials. 21. Recreational Resources: The subject parcel is located adjacent to the shoreline. Recreational activities such as fishing, gathering, and swimming, are conducted in this area. Access to the shoreline is provided via the County owned parcel located 200-feet south of the subject parcel where there is a shoreline access trail from Paradise Ala Kai Drive to the shoreline. The proposed project will not alter or impact this existing access. 22. Scenic and Open Space Resources: On the roadway (Paradise Ala Kai Drive) fronting the subject parcel there are no ocean views on the approaches from the south or north due to vegetation and existing development. Open space resources include access to the shoreline which is accommodated by the existing County shoreline access trail located 200-feet south of the subject parcel. Impacts to scenic resources are not anticipated since the proposed home would be in-line with the residential development in this area. 23. Public Access: There is an existing pedestrian shoreline public access trail located 200 feet south of the subject parcel located on a County owned parcel of land. This access will remain unaffected by the project both during construction and after completion of the project. The access is maintained by the County. PUBLIC UTILITIES AND SERVICES 24. Access: The property is accessed via Paradise Ala Kai Drive, a County owned and maintained roadway. 25. Water: According to the Department of Water Supply, the subject parcel is beyond the service limits of the County's existing water system facilities. The applicant plans to install a well for potable water use. 26. Wastewater: The single-family dwelling will utilize a Department of Health approved Individual Wastewater System (IWS) to be constructed on the makai side of the subject parcel. -4- 27. Other Essential Utilities and Services: All other utilities, including electrical, telephone, and cable services are available to the site. The Applicant is responsible for hauling all domestically generated trash to any available County Transfer Station. The Applicant acknowledges that construction waste is not to be disposed of at any County Transfer Station. AGENCIES' COMMENTS 28. Real Property Tax Division (RPT): (Planning Department Exhibit 2 — February 7, 2024, Memo). 29. Department of Environmental Management — Solid Waste (DEM): (Planning Department Exhibit 3 —February 8, 2024, Memo). 30. Police Department: (Planning Department Exhibit 4—February 14, 2024, Memo). 31. Hawai`i Department of Health (DOH): (Planning Department Exhibit 5 — February 16, 2024, Memo). 32. Department of Land and Natural Resources — Office of Conservation and Coastal Lands: (Planning Department Exhibit 6—February 16, 2024, Letter). 33. State Office of Planning and Sustainable Development: (Planning Department Exhibit 7 —February 26, 2024, Letter). 34. Department of Public Works (DPW) — Engineering Division: (Planning Department Exhibit 8 —February 29, 2024, Memo). AGENCIES -NO COMMENT 35. Department of Water Supply (DWS); Department of Land and Natural Resources (DLNR) Land Division. AGENCIES -NO RESPONSE 36. Department of Land and Natural Resources (DLNR) State Historic Preservation Division; Fire Department; US Fish and Wildlife Service (USFWS). PUBLIC COMMENTS 37. The Department has not received any comments or objections from the general public or adjacent landowners on the subject application. -5- SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION COUNTY OF FIAWAI`I PLANNING COMMISSION (Type or legibly Print the requested information) APPLICANT(S): JEREMY GRAHAM X APPLICANT'S SIGNATURE: /'/ DATE: I`16-7 q ADDRESS: _16457 CURL D OAK DRIVE, MONUMENT CO 80132 LIST APPLICANT'S INTEREST (if not owner): REGISTERED AGENT PHONE: (Bus.)a05-469-6348 (Res.) _ (Email) i14072(u7amail.com REQUEST: _-APPROVAL OF SINGLE FAMILY RESIDENCE, IN GROUND POOL— _ WELL. SEPTIC SYSTEM._RELATED DEVELOPEMNT TAX MAP KEY: 3 1-5-0 59:049 ZONING: AG /A-1 a SIZE OF PROPERTY /AREA OF REQUESTED USE: .55 ACRE I 20,000 SQ FT LANDOWNER(S): _CALCAM INVESTMENTS LLC -- FEE SIMPLE LANDOWNER(S) WRITTEN AUTIlORIZATION (may be provided by letter with the below statement included): DATE: X -- - —=-� -- _ DATE _ ACIENT: VAL COLTER _--- - AGENT ADDRf;SS: 13-64609 KAI_APANA KAPOIJO RD, PAHOA HI 96778 PIjoNF.: (B,as.) 808-769-294-9 (Res.) — (l.maiWal.col'tcr e�yahoo.com_ Please indicate to whorn original correspondence and copies should tie sent. ORMINAL: JEREMY GRAHAM CoPil S: VAL COL TE:1: Planning Dept. Exhibit E'o F H STATE OF HAWAII �P 1959 9 ;. OFFICE OF THE ASSISTANT REGISTRAR RECORDED August 15, 2023 8:01 AM Doc No(s)T- 12279041 on Cert(s) 1176880 Issuance of Cert(s) 1257076 Doc 1 of 1 /s/LESLIE T KOBATA Pkg 12245988 ZMA ASSISTANT REGISTRAR Conveyance Tax:$415.00 LAND COURT REGULAR SYSTEM AFTER RECORDATION, RETURN BY: [ ] MAIL [ J PICKUP TO: Calcam Investments LLC FAM 7015594(KK) 16457 Curled Oak Dr Monument, CO 80132 Total Pages: Tax Map Key: (3) 1-5-059-049 WARRANTY DEED THIS INSTRUMENT made as of this August 7th 2023 by and between XIANGYU LI, husband of Xue Wang, hereinafter called the "Grantor", and CALCAM INVESTMENTS � LLC, a Colorado Limited Liability Company, whose address is 16457 Curled Oak Dr, Monument, CO 80132, as Tenant in Severalty, hereinafter called the"Grantee"; WITNESSETH: That for TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey unto the Grantee, in fee simple, all that certain real property described in EXHIBIT A attached hereto and made a part hereof; And the reversions, remainders, rents, Issues and profits thereof and all of the estate, right, title and interest of the Grantor, both at law and In equity,therein and thereto; TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights, easements, privileges and appurtenances thereon and thereto belonging or appertaining or held and enjoyed therewith, unto the Grantee according to the tenancy herein set forth, forever. Page 1 AND, in consideration of the premises, the Grantor does hereby covenant with the Grantee that the Grantor is lawfully seized of the real property herein described in fee simple; that said real property is free and clear of and from all liens and encumbrances, except for the lien of real property taxes not yet by law required to be paid, and except as set forth herein; that the Grantor has good right to sell and convey said real property, as aforesaid; and, that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. The conveyance herein .set forth and the warranties of the Grantor concerning the same are expressly declared to be In favor of the Grantee, and the Grantee's heirs, devisees; personal representatives, successors and assigns, according to the context thereof. The terms "Grantor" and "Grantee", as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine, feminine or neuter, the singular or plural number, and each of their respective heirs, devisees, personal representatives, successors and assigns, according to the context thereof. All covenants and obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention is clearly expressed elsewhere herein. The parties hereto agree that this instrument may be executed In counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including, without Ilmitation, recordation, filing and delivery of this Instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK—SIGNATURE(S)ON FOLLOWING PAGE(S)] Page 2 IN WITNESS WHEREOF, the Grantor has executed this instrument as of the date set forth above. Grantor: le'- XIANGYU LI STATE OF Texas ) Brazoria ) SS. COUNTY OF ) On August 7th, 2023 before me personally appeared XIANGYU LI, to me personally known, who, being by me duly sworn or affirmed, did say that such person(s) executed the foregoing instrument as the free act and deed of such person(s), and if applicable, in the capacity shown, having been duly authorized to execute such instrument in such capacity. ..wammununu,,� \`JJo,��aY Pfie�4��i Marie Ward Notary Public Pone e and = •= ID NUMBER Print Name: =a, Notary Public State of Texas 9r,.^�^ +��� 13222394-9 M commission expires. 10/24/2023 ��ry„n�en,IP \`\�\�o COMMISSION EXPIRES Y P October 24,2023 Notarized online using audio-video communication Page 3 EXHIBIT A PARCEL FIRST: ALL OF THAT CERTAIN PARCEL OF LAND SITUATE AT KEAAU, DISTRICT OF PUNA, ISLAND AND COUNTY OF HAWAII,STATE OF HAWAII, DESCRIBED AS FOLLOWS: LOT 473,AREA 0.50 ACRE, MORE OR LESS, IN BLOCK 10,AS SHOWN ON MAP 65, FILED WITH LAND COURT APPLICATION NO. 1053 (AMENDED)OF W. H. SHIPMAN, LIMITED. PARCEL SECOND: AN UNDIVIDED 1/5750TH INTEREST IN AND TO LOTS 60; 62; 8297; 8363; 8385; 8387 AND 3115 IN BLOCK 7; AND LOT 1 IN BLOCK 10; AS SHOWN ON MAPS 10; 10, 55, 56, 56, 57, 58 AND 65, RESPECTIVELY, OF SAID APPLICATION NO. 10531(AMENDED);AND LOT 4-B,AS SHOWN ON MAP 2 OF LAND COURT APPLICATION NO.,1689 OF W. H. SHIPMAN, LIMITED;TO BE USED IN COMMON WITH OTHERS ENTITLED THERETO, FOR ROADWAY AND UTILITY PURPOSES ONLY. EXCEPTING ANY PORTION OF THE LAND CREATED BY ACCRETION AND ALSO ANY PORTION LYING BELOW THE SHORELINE AS DEFINED BY HAWAII LAW AND/OR CERTIFIED BY THE STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES. BEING THE PREMISES DESCRIBED IN AND COVERED BY TRANSFER.CERTIFICATE OF TITLE NO. 1,176,880. ISSUED TO: XIANGYU LI, HUSBAND OF XUE WANG (WARRANTY DEED RECORDED JUNE 03, 2019 AS LAND COURT DOCUMENT NO. T10745127 OF OFFICIAL RECORDS) SUBJECT, HOWEVER, to the.following: 1. Shoreline setback lines as they may be established by the State Land Use Commission or by the various Counties pursuant to the Hawaii Revised Statutes. 2. AS TO LOTS 60 AND 62 ONLY: Right of way over and across Lots 60 and 62, in favor of Lot 58, as granted by that certain Deed recorded October 12, 1948 as Land Court Document No. 104733 of Official Records. 3. AS TO LOT 4-B ONLY: a.Title to all mineral and metallic mines reserved to the State of Hawaii. b. Lease of Right of Way for utility and incidental purposes, in favor of Hawaiian Telephone Company, for a term.of 30 years from May 06, 1955, and thereafter from year to year until terminated by either party on 90 days written notice recorded November 22, 1955 as Land Court Document No. 181820 of Official Records. c.That certain unrecorded right of way in favor of Olaa Sugar Company Limited, as referenced in that certain Land.Court Deed recorded April 11, 1960 as Land Court Document No. 255166 of Official Records. Page 4 4. AS TO LOT 62 ONLY: Easement 29 for utility purposes,shown on Map No. 10 filed with Land Court Application No. 1053, as set forth by Land Court Order No. 17102, recorded April 24, 1959. S. AS TO LOT 8387 ONLY: Easement 30 for utility purposes, shown on Map No. 57 filed with Land Court Application No. 1053, as set forth by Land Court Order No. 17102, recorded April 24, 1959. 6. AS TO LOTS 62 AND 8387 ONLY: A Grant of Easements 29 and 30 for utility purposes, in favor of Hilo Electric Light Company, Limited (now Hawaii Electric Light Company, Inc.), recorded as Land Court Document No. 236028 of Official Records. 7. AS TO LOTS 60, 62, 8297, 8363, 8385, 8387, 3115, 1 AND 4-13: Exception, reservation and power as set forth in that certain Land Court Deed recorded April 11, 1960 as Land Court Document No. 255166 of Official Records. According to the public records, the exception, reservation and power in the foregoing document were assigned to Paradise Hui Hanalike, a Hawaii nonprofit corporation, by assignment recorded April 02, 1988 as Land Court Order No. 77755 of Official Records. NOTE:The change of name of Paradise Hui Hanalike to Hawaiian Paradise Park Owners Association, effective August 28, 2001, as set forth by Land Court Order No. 145509, recorded April 05, 2002. 8. AS TO THE UNDIVIDED INTEREST IN LOTS 8297 AND 8387: Final Order of Condemnation filed in the Circuit Court of the Third Circuit, State of Hawaii,with Civil No. 89-212, condemning a portion of Lots 8297 and 8387 more particularly described therein. 9. AS TO THE UNDIVIDED INTERESTS)IN THE ROADWAY LOT(S): Rights of ingress and egress in favor of others entitled thereto. 10. Decision dated April 25, 1983, filed in the Supreme Court of the State of Hawaii,with Case No. 8699, re: obligation of all lot owners of the Hawaiian Paradise Park, Increment I to pay road maintenance assessments. 11. Road Maintenance Assessment fees and/or other obligations affecting the premises and not yet required to be paid. Page 5 Operating Agreement Ca1Cam Investments LLC, a Colorado Limited Liability Company THIS OPERATING AGREEMENT of CalCam Investments LLC (the"Company") is entered into as of the date set forth on the signature page of this Agreement by each of the Members listed on Exhibit A of this Agreement. A. The Members have formed the Company as a Colorado limited liability company under the Colorado Limited Liability Company Act. The purpose of the Company is to conduct any lawful business for which limited liability companies may be organized under the laws of the state of Colorado. The Members hereby adopt and approve the articles of organization of the Company filed with the Colorado Secretary of State. B. The Members enter into this Agreement to provide for the governance of the Company and the conduct of its business, and to specify their relative rights and obligations. ARTICLE 1: DEFINITIONS Capitalized terms used in this Agreement have the meanings specified in this Article 1 or elsewhere in this Agreement and if not so specified, have the meanings set forth in the Colorado Limited Liability Company Act. "Agreement" means this Operating Agreement of the Company, as may be amended from time to time. "Capital Account" means,with respect to any Member, an account consisting of such Member's Capital Contribution, (1) increased by such Member's allocated share of income and gain, (2) decreased by such Member's share of losses and deductions, (3) decreased by any distributions made by the Company to such Member, and (4) otherwise adjusted as required in accordance with applicable tax laws. "Capital Contribution" means, with respect to any Member, the total value of (1) cash and the fair market value of property other than cash and (2) services that are contributed and/or agreed to be contributed to the Company by such Member, as listed on Exhibit A, as may be updated from time to time according to the terms of this Agreement. "Exhibit" means a document attached to this Agreement labeled as "Exhibit A," "Exhibit B," and so forth, as such document may be amended, updated, or replaced from time to time according to the terms of this Agreement. "Member" means each Person who acquires Membership Interest pursuant to this Agreement. The Members are listed on Exhibit A, as may be updated from time to time according to the terms of this Agreement. Each Member has the rights and obligations specified in this Agreement. "Membership Interest" means the entire ownership interest of a Member in the Company at any particular time, including the right to any and all benefits to which a Member may be entitled as provided in this Agreement and under the Colorado Limited Liability Company Act, together with the obligations of the Member to comply with all of the terms and provisions of this Agreement. "Ownership Interest" means the Percentage Interest or Units, as applicable, based on the manner in which relative ownership of the Company is divided. "Percentage Interest" means the percentage of ownership in the Company that, with respect to each Member, entitles the Member to a Membership Interest and is expressed as either: A. If ownership in the Company is expressed in terms of percentage, the percentage set forth opposite the name of each Member on Exhibit A, as may be adjusted from time to time pursuant to this Agreement; or B. If ownership in the Company is expressed in Units, the ratio, expressed as a percentage, of: (1) the number of Units owned by the Member (expressed as"MU" in the equation below) divided by -2- (2) the total number of Units owned by all of the Members of the Company (expressed as "TU" in the equation below). Percentage Interest = W "Person" means an individual (natural person), partnership, limited partnership, trust, estate,association, corporation, limited liability company, or other entity,whether domestic or foreign. "Units" mean, if ownership in the Company is expressed in Units,units of ownership in the Company, that,with respect to each Member,entitles the Member to a Membership Interest which,if applicable, is expressed as the number of Units set forth opposite the name of each Member on Exhibit A, as may be adjusted from time to time pursuant to this Agreement. ARTICLE 2: CAPITAL CONTRIBUTIONS, ADDITIONAL MEMBERS, CAPITAL ACCOUNTS AND LIMITED LIABILITY 2.1 Initial Capital Contributions. The names of all Members and each of their respective addresses, initial Capital Contributions, and Ownership Interests must be set forth on Exhibit A. Each Member has made or agrees to make the initial Capital Contribution set forth next to such Member's name on Exhibit A to become a Member of the Company. 2.2 Subsequent Capital Contributions. Members are not obligated to make additional Capital Contributions unless unanimously agreed by all the Members. If subsequent Capital Contributions are unanimously agreed by all the Members in a consent in writing,the Members may make such additional Capital Contributions on a pro rata basis in accordance with each Member's respective Percentage Interest or as otherwise unanimously agreed by the Members. 2.3 Additional Members. A. With the exception of a transfer of interest (1) governed by Article 7 of this Agreement or (2) otherwise expressly authorized by this Agreement, additional Persons may become Members of the Company and be issued additional Ownership Interests only if approved by and on terms determined by a unanimous written agreement signed by all of the existing Members. -3- B. Before a Person may be admitted as a Member of the Company, that Person must sign and deliver to the Company the documents and instruments, in the form and containing the information required by the Company, that the Members deem necessary or desirable. Membership Interests of new Members will be allocated according to the terms of this Agreement. 2.4 Capital Accounts. Individual Capital Accounts must be maintained for each Member,unless (a) there is only one Member of the Company and (b) the Company is exempt according to applicable tax laws. Capital Accounts must be maintained in accordance with all applicable tax laws. 2.5 Interest. No interest will be paid by the Company or otherwise on Capital Contributions or on the balance of a Member's Capital Account. 2.6 Limited Liability; No Authority.A Member will not be bound by, or be personally liable for, the expenses, liabilities, debts,contracts, or obligations of the Company, except as otherwise provided in this Agreement or as required by the Colorado Limited Liability Company Act. Unless expressly provided in this Agreement, no Member, acting alone,has any authority to undertake or assume any obligation, debt, or responsibility, or otherwise act on behalf of, the Company or any other Member. ARTICLE 3: ALLOCATIONS AND DISTRIBUTIONS 3.1 Allocations. Unless otherwise agreed to by the unanimous consent of the Members any income, gain, loss, deduction, or credit of the Company will be allocated for accounting and tax purposes on a pro rata basis in proportion to the respective Percentage Interest held by each Member and in compliance with applicable tax laws. 3.2 Distributions. The Company will have the right to make distributions of cash and property to the Members on a pro rata basis in proportion to the respective Percentage Interest held by each Member. The timing and amount of distributions will be determined by the Members in accordance with the Colorado Limited Liability Company Act. 3.3 Limitations on Distributions. The Company must not make a distribution to a Member if, after giving effect to the distribution: A. The Company would be unable to pay its debts as they become due in the usual course of business; or -4- B. The fair value of the Company's total assets would be less than the sum of its total liabilities plus the amount that would be needed, if the Company were to be dissolved at the time of the distribution, to satisfy the preferential rights upon dissolution of Members, if any,whose preferential rights are superior to those of the Members receiving the distribution. ARTICLE 4: MANAGEMENT 4.1 Management. A. Generally. Subject to the terms of this Agreement and the Colorado Limited Liability Company Act, the business and affairs of the Company will be managed by the Members. B. Approval and Action. Unless greater or other authorization is required pursuant to this Agreement or under the Colorado Limited Liability Company Act for the Company to engage in an activity or transaction, all activities or transactions must be approved by the Members, to constitute the act of the Company or serve to bind the Company. With such approval, the signature of any Members authorized to sign on behalf of the Company is sufficient to bind the Company with respect to the matter or matters so approved. Without such approval,no Members acting alone may bind the Company to any agreement with or obligation to any third party or represent or claim to have the ability to so bind the Company. C. Certain Decisions Requiring Greater Authorization. Notwithstanding clause B above, the following matters require unanimous approval of the Members in a consent in writing to constitute an act of the Company: (i) A material change in the purposes or the nature of the Company's business; (ii) With the exception of a transfer of interest governed by Article 7 of this Agreement,the admission of a new Member or a change in any Member's Membership Interest, Ownership Interest, Percentage Interest, or Voting Interest in any manner other than in accordance with this Agreement; (iii) An amendment to the Articles of Organization; -5- (iv) The merger of the Company with any other entity or the sale of all or substantially all of the Company's assets;and (v) The amendment of this Agreement. 4.2 Officers. The Members are authorized to appoint one or more officers from time to time. The officers will have the titles, the authority, exercise the powers, and perform the duties that the Members determine from time to time. Each officer will continue to perform and hold office until such time as (a) the officer's successor is chosen and appointed by the Members;or (b) the officer is dismissed or terminated by the Members,which termination will be subject to applicable law and, if an effective employment agreement exists between the officer and the Company, the employment agreement. Subject to applicable law and the employment agreement (if any), each officer will serve at the direction of Members,and may be terminated, at any time and for any reason,by the Members. ARTICLE 5: ACCOUNTS AND ACCOUNTING 5.1 Accounts. The Company must maintain complete accounting records of the Company's business, including a full and accurate record of each Company transaction. The records must be kept at the Company's principal executive office and must be open to inspection and copying by Members during normal business hours upon reasonable notice by the Members wishing to inspect or copy the records or their authorized representatives, for purposes reasonably related to the Membership Interest of such Members. The costs of inspection and copying will be borne by the respective Member. 5.2 Records. The Members will keep or cause the Company to keep the following business records. (i) An up to date list of the Members, each of their respective full legal names, last known business or residence address, Capital Contributions, the amount and terms of any agreed upon future Capital Contributions, and Ownership Interests, and Voting Interests; (ii) A copy of the Company's federal, state, and local tax information and income tax returns and reports, if any, for the six most recent taxable years; -6- (iii) Minutes of any special or annual meetings ordered pursuant to Colorado law; (iv) A copy of the articles of organization of the Company, as may be amended from time to time ("Articles of Organization'); and (v) An original signed copy, which may include counterpart signatures, of this Agreement, and any amendments to this Agreement, signed by all then-current Members. 5.3 Income Tax Returns.Within 45 days after the end of each taxable year,the Company will use its best efforts to send each of the Members all information necessary for the Members to complete their federal and state tax information, returns, and reports and a copy of the Company's federal, state, and local tax information or income tax returns and reports for such year. 5.4 Subchapter S Election. The Company may,upon unanimous consent of the Members, elect to be treated for income tax purposes as an S Corporation. This designation may be changed as permitted under the Internal Revenue Code Section 1362(d) and applicable Regulations. 5.5 Tax Matters Member. Anytime the Company is required to designate or select a tax matters partner pursuant to Section 6231(a)(7) of the Internal Revenue Code and any regulations issued by the Internal Revenue Service, the Members must designate one of the Members as the tax matters partner of the Company and keep such designation in effect at all times. 5.6 Banking. All funds of the Company must be deposited in one or more bank accounts in the name of the Company with one or more recognized financial institutions. The Members are authorized to establish such accounts and complete, sign, and deliver any banking resolutions reasonably required by the respective financial institutions in order to establish an account. ARTICLE 6: MEMBERSHIP- VOTING AND MEETINGS 6.1 Members and Voting Rights. The Members have the right and power to vote on all matters with respect to which the Articles of Organization, this Agreement, or the Colorado Limited Liability Company Act requires or permits. Unless otherwise stated in this Agreement (for example, in Section 4.1(c)) or required under the Colorado -7- Limited Liability Company Act, the vote of the Members holding at least a majority of the Voting Interest of the Company is required to approve or carry out an action. 6.2 Meetings of Members. Annual, regular, or special meetings of the Members are not required but may be held at such time and place as the Members deem necessary or desirable for the reasonable management of the Company. Meetings may be called by any Member or Members,holding 10% or more of the Percentage Interests, for the purpose of addressing any matters on which the Members may vote. A written notice setting forth the date, time, and location of a meeting must be sent at least ten (10) days but no more than sixty (60) days before the date of the meeting to each Member entitled to vote at the meeting. A Member may waive notice of a meeting by sending a signed waiver to the Company's principal executive office or as otherwise provided in the Colorado Limited Liability Company Act. In any instance in which the approval of the Members is required under this Agreement, such approval may be obtained in any manner permitted by the Colorado Limited Liability Company Act, including by conference call or similar communications equipment. Any action that could be taken at a meeting may be approved by a consent in writing that describes the action to be taken and is signed by Members holding the minimum Voting Interest required to approve the action. If any action is taken without a meeting and without unanimous written consent of the Members, notice of such action must be sent to each Member that did not consent to the action. ARTICLE 7: WITHDRAWAL AND TRANSFERS OF MEMBERSHIP INTERESTS 7.1 Withdrawal. Members may withdraw from the Company prior to the dissolution and winding up of the Company (a) by transferring or assigning all of their respective Membership Interests pursuant to Section 7.2 below, or (b) if all of the Members unanimously agree in a written consent. Subject to the provisions of Article 3, a Member that withdraws pursuant to this Section 7.1 will be entitled to a distribution from the Company in an amount equal to such Member's Capital Account. 7.2 Restrictions on Transfer; Admission of Transferee. A Member may transfer Membership Interests to any other Person without the consent of any other Member. A person may acquire Membership Interests directly from the Company upon the written consent of all Members. A Person that acquires Membership Interests in accordance with this Section 7.2 will be admitted as a Member of the Company only after the requirements of Section 2.3(b) are complied with in full. -8- ARTICLE 8: DISSOLUTION 8.1 Dissolution. The Company will be dissolved upon the first to occur of the following events: (i) The unanimous agreement of all Members in a consent in writing to dissolve the Company; (ii) Entry of a decree of judicial dissolution under Colorado Limited Liability Company Act; (iii) At any time that there are no Members,unless and provided that the Company is not otherwise required to be dissolved and wound up,within 90 days after the occurrence of the event that terminated the continued membership of the last remaining Member,the legal representative of the last remaining Member agrees in writing to continue the Company and (i) to become a Member; or (ii) to the extent that the last remaining Member assigned its interest in the Company, to cause the Member's assignee to become a Member of the Company, effective as of the occurrence of the event that terminated the continued membership of the last remaining Member; (iv) The sale or transfer of all or substantially all of the Company's assets; (v) A merger or consolidation of the Company with one or more entities in which the Company is not the surviving entity. 8.2 No Automatic Dissolution Upon Certain Events. Unless otherwise set forth in this Agreement or required by applicable law, the death, incapacity, disassociation, bankruptcy, or withdrawal of a Member will not automatically cause a dissolution of the Company. ARTICLE 9: INDEMNIFICATION 9.1 Indemnification. The Company has the power to defend, indemnify, and hold harmless any Person who was or is a party, or who is threatened to be made a party, to any Proceeding (as that term is defined below) by reason of the fact that such Person was or is a Member,officer, employee, representative, or other agent of the -9- Company, or was or is serving at the request of the Company as a director, Governor, officer, employee, representative or other agent of another limited liability company, corporation, partnership,joint venture, trust, or other enterprise (each such Person is referred to as a "Company Agent"), against Expenses (as that term is defined below), judgments, fines, settlements, and other amounts (collectively,"Damages") to the maximum extent now or hereafter permitted under Colorado law. "Proceeding," as used in this Article 9, means any threatened, pending, or completed action, proceeding, individual claim or matter within a proceeding,whether civil, criminal, administrative, or investigative. "Expenses," as used in this Article 9, includes, without limitation, court costs, reasonable attorney and expert fees,and any expenses incurred relating to establishing a right to indemnification, if any,under this Article 9. 9.2 Mandatory. The Company must defend, indemnify and hold harmless a Company Agent in connection with a Proceeding in which such Company Agent is involved if, and to the extent, Colorado law requires that a limited liability company indemnify a Company Agent in connection with a Proceeding. 9.3 Expenses Paid by the Company Prior to Final Disposition. Expenses of each Company Agent indemnified or held harmless under this Agreement that are actually and reasonably incurred in connection with the defense or settlement of a Proceeding may be paid by the Company in advance of the final disposition of a Proceeding if authorized by a vote of the Members that are not seeking indemnification holding a majority of the Voting Interests (excluding the Voting Interest of the Company Agent seeking indemnification). Before the Company makes any such payment of Expenses, the Company Agent seeking indemnification must deliver a written undertaking to the Company stating that such Company Agent will repay the applicable Expenses to the Company unless it is ultimately determined that the Company Agent is entitled or required to be indemnified and held harmless by the Company (as set forth in Sections 9.1 or 9.2 above or as otherwise required by applicable law). ARTICLE 10: GENERAL PROVISIONS 10.1 Notice. (a) Any notices (including requests, demands, or other communications) to be sent by one party to another party in connection with this Agreement must be in writing and delivered personally,by reputable overnight courier, or by certified mail (or equivalent service offered by the postal service from time to time) to the following addresses or as otherwise notified in accordance with this Section: (i) if to the Company,notices must be sent to the Company's principal executive office; and (ii) if to a Member,notices must be sent to the Member's last -10- known address for notice on record. (b) Any party to this Agreement may change its notice address by sending written notice of such change to the Company in the manner specified above. Notice will be deemed to have been duly given as follows: (i) upon delivery, if delivered personally or by reputable overnight carrier or (ii) five days after the date of posting if sent by certified mail. 10.2 Entire Agreement;Amendment. This Agreement along with the Articles of Organization (together, the "Organizational Documents'), constitute the entire agreement among the Members and replace and supersede all prior written and oral understandings and agreements with respect to the subject matter of this Agreement, except as otherwise required by the Colorado Limited Liability Company Act. There are no representations, agreements, arrangements, or undertakings, oral or written, between or among the Members relating to the subject matter of this Agreement that are not fully expressed in the Organizational Documents. This Agreement may not be modified or amended in any respect, except in a writing signed by all of the Members, except as otherwise required or permitted by the Colorado Limited Liability Company Act. 10.3 Governing Law; Severability. This Agreement will be construed and enforced in accordance with the laws of the state of Colorado. If any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (i) the validity, legality, and enforceability of the remaining provisions of this Agreement (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) will not in any way be affected or impaired thereby, and (ii) to the fullest extent possible, the unenforceable provision will be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement will be deemed amended accordingly. 10.4 Further Action. Each Member agrees to perform all further acts and execute, acknowledge, and deliver any documents which may be reasonably necessary, appropriate, or desirable to carry out the provisions of this Agreement. 10.5 No Third Party Beneficiary. This Agreement is made solely for the benefit of the parties to this Agreement and their respective permitted successors and assigns, and no other Person or entity will have or acquire any right by virtue of this Agreement. This Agreement will be binding on and inure to the benefit of the parties and their heirs, personal representatives, and permitted successors and assigns. -11- 10.6 Incorporation by Reference. The recitals and each appendix, exhibit, schedule, and other document attached to or referred to in this Agreement are hereby incorporated into this Agreement by reference. 10.7 Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all of the Members signed the same copy. All counterparts will be construed together and will constitute one agreement. [Remainder Intentionally Left Blank.] -12- IN WITNESS WHEREOF, the parties have executed or caused to be executed this Operating Agreement and do each hereby represent and warrant that their respective signatory, whose signature appears below, has been and is, on the date of this Agreement, duly authorized to execute this Agreement. Dated: 1/ - 3 0 ` IS Signature of Jeremy L. Graham -13- EXHIBIT A MEMBERS The Members of the Company and their respective addresses, Capital Contributions, and Ownership Interests are set forth below. The Members agree to keep this Exhibit A current and updated in accordance with the terms of this Agreement, including,but not limited to,Sections 2.1,2.3, 2.4, 7.1, 7.2,and 10.1. Members Capital Percentage Contribution Interest Jeremy L.Graham 100% Address: 16457 Curled Oak Dr. Monument, Colorado 80132 -14- Colorado Secretary of State Date and Time: 11/30/2018 03:04 AM Document must be filed electronically. ID Number: 20181937931 Paper documents are not accepted. Fees&forms are subject to change. Document number: 20181937931 For more information or to print copies Amount Paid: $50.00 of filed documents,visit www.sos.state.co.us. ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to §7-90-301 and §7-80-204 of the Colorado Revised Statutes(C.R.S.) 1.The domestic entity name of the limited liability company is CalCam Investments LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company,", `ltd.liability company-, 'limited liability co.", -Itd. liability,co.", "limited", "l.l.c.", "Ile",or"lid.".See §7-90-601, C.R.S.) (Caution:The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address 16457 Curled Oak Dr. (Street number and name) Monument CO 80132 (City) (State) (ZIP/Postal Code) United States (Province—if applicable) (Country) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province—if applicable) (Country) 3.The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) Graham Jeremy L. (Gast) (First) (Middle) (Suffix) or (if an entity) (Caution: Do not provide both an individual and an entity name.) Street address 16457 Curled Oak Dr. (Street number and name) Monument Co 80132 (City) (State) (ZIP Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) ARTORG_LLC Page I of Rev. 12/01/2012 CO (City) (State) (ZIP Code) (The following statement is adopted by marking the box.) © The person appointed as registered agent has consented to being so appointed. 4.The true name and mailing address of the person forming the limited liability company are Name (if an individual) Graham Jeremy L. (Last) (First) (Middle) (Suffix) or (if an entity) (Caution: Do not provide both an individual and an entity name.) Mailing address 16457 Curled Oak Dr. (Street number and name or Post Office Box information) Monument CO 80132 (City) (State) (ZIP/Postal Code) United States . (Province—if applicable) (Country) (If the following statement applies,adopt the statement by marking the box and include an attachment.) ❑ The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5.The management of the limited liability company is vested in (Mark the applicable box) ❑ one or more managers. or ©the members. 6. (The following statement is adopted by marking the box) © There is at least one member of the limited liability company. 7. (If the following statement applies,adopt the statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies,adopt the statement by entering a date and,ifapplicable,time using the required format) The delayed effective date and,if applicable,time of this document is/are (mm/ddlyyyy hour:minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. ARTORG LLC Page 2 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State,whether or not such individual is named in the document as one who has caused it to be delivered. 9.The true name and mailing address of the individual causing the document to be delivered for filing are Moseley Cheyenne (Last) (First) (Middle) (Suff-) 101 N. Brand Blvd., 11th Floor (Street number and name or Post Office Box information) Glendale CA 91203 (City) (State) (ZIP/Postal Code) United States . (Province—ifapplicable) (Country) (If the following statement applies,adopt the statement by marking the box and include an attachment) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet,and any related instructions,are not intended to provide legal,business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this fonn/cover sheet. Questions should be addressed to the user's legal,business or tax advisor(s). ARTORG LLC Page 3 of 3 Rev. 12/01/2012 WRITTEN NARRATIVE Jan. 14, 2024 Special Management Area Assessment 15- Paradise Ala Kai, Hawaiian Paradise Park Tax Map Key No.: (3) 1-5-059:049 Purpose of this Document This report has been prepared in support of Major Special Management Area("SMA") Assessment for construction of a single family Residence and related development within the SMA ("Project"). Landowner Owner: CALCAM INVESTMENTS LLC Contact: JEREMY GRAHAM Mail: 16457 Curled Oak Dr,Monument Co 80132 Phone: 805-469-6348 Email: jlg072@gmail.com Agent Val Colter Phone: 808-769-2949 Email: val.colter@yahoo.com BACKGROUND INFORMATION A. An EIS will be submitted if required by the director. B. DESCRIPTION OF PROPOSED DEVELOPMENT Statement of objectives and reasons for the request The objectives of the Project are as follows: 1) To ensure that the Project is completed in a manner that is consistent with the applicable State and County plans, including the Special Management Area guidelines as described in Chapter 205A, Hawaii Revised Statutes ("HRS"); 2) To build a Residence, and in ground pool, a septic system, a well, driveway and parking. Project Description The subject Project includes the following components: Proposed new Residence (3357 square feet Interior, 3047 square feet Accessory),two stories, five bedroom, three &half bath,with garage, built on concrete slab. Roof construction will be wood framing with metal roofing. Height will not exceed a maximum of 35 feet. Residence will be located ninety six feet(96') from the approved shoreline (see approved shoreline survey) and will respect all other setbacks. A septic system for the residence will be installed forty seven feet(47') from the approved shoreline. An in ground swimming pool (16'x30')with a surrounding 10' wide concrete deck will be located forty seven feet( 47') from the approved shoreline. (See attached Plan: site plan, floor plans. elevations.) Total proposed developed area including accessory areas, driveway, landscaping is 20,000 square feet. A well will be permitted and installed to supply water. Because the area to be developed is gently sloping there may be a need for low retaining wall (4 feet max height) on the ocean side of the residence. 10 loads of base course gravel are anticipated. Excavating and compacting activities are anticipated with approximately 12,000 square feet to be impacted by grading, excavating, fill and compacting activities for the total project including septic systems and driveways. Up to 4000 cu yards of material may be brought in. The Project is set back from the coastline by a minimum of 47 feet to the nearest development which will be the septic system leach field. This project will not affect beach processes, artificially fix the shoreline or interfere with public access and views to and along the shoreline. Site specific Best Management Practices ("BMPs")will be developed by the contractor in order to mitigate any potential for project-related impacts to the nearshore marine environment. BMPs will include the following provisions: • Excavation and grading activities will all be kept a minimum of 40 feet from the shoreline. • The entire project will take place outside the shoreline setback area. • All heavy equipment, machinery and trucks will be stored on site. • Drip pans will be stored under vehicles when not in use. In the event of a spill of leak of fuel, the flow of such fuel will be stopped and all sources of ignition will be removed. The spill will be contained by placement of a barrier around the area and contaminated earth will be placed in containers and properly disposed of off-site. • In case of ponding fuel, a hazardous materials vacuum truck will be used to collect the fuel. • A construction, silt and debris barrier meeting with the approval of the Planning Director, shall be erected prior to the commencement of construction activities and shall remain in place until final inspection has been granted for all improvements. This barrier will surround the construction area(shown on attached site plan). C. DESCRIPTION OF SUBJECT PROPERTY Property is located on Paradise Ala Kai,Hawaiian Paradise Park Tax Map Key No.: (3) 1-5-059:049 2 1 C� Property Characteristics The Property is a 0.55 acre (23,958 square-foot)parcel. It is generally sloping, vegetation is grass and trees. (Anal view and survey map of the lot attached.) Topography, Geology& Soils The Project Site is generally flat, slightly sloping Puna rock. No material will be removed from the site. All excavated materials will be relocated on site. D. VALUATION OF PROPOSED USE The estimated cost of the proposed Project is $815,000 The proposed Project would be expected to begin upon obtaining all necessary approvals, including the subject SMA Assessment Application. .E. RELATIONSHIP TO COUNTY GENERAL PLAN Hawaii County General Plan The Hawai'i County General Plan is the long-range policy document for the comprehensive development of the Island of Hawai'i. The General Plan provides direction for the balanced growth of the County. The General Plan contains goals, policies and standards as well as the LUPAG map. The Project conforms with the following goals,policies and standards of the General Plan. 3 Environmental Quality: Goals: (b) Maintain and, if feasible, improve the environmental quality of the island. Policies: (a) Take positive action to further maintain the quality of the environment. Discussion: The Applicant is very sensitive to the environmental quality of the Property as well as the surrounding area, including the nearshore water quality. In relation to the Project, applicant intends to take no action which would negatively impact the ocean. Flooding and Other Natural Hazards: Goals: (b) Prevent damage to man-made improvements. Policies: (d) Any development within the Federal Emergency Management Agency designated flood plain must be in compliance with Chapter 27. (q) Consider natural hazards in all land use planning and permitting. Discussion: The Applicant is aware of the natural hazards that have the potential to affect the Property. The parcel is not in flood zone. Natural Beauty: Goals: (a) Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. (c) Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. Discussion: The subject parcel will be developed with restraint as to coastal impacts. The Applicant supports a conservative approach to the conservation of natural resources. Natural Resources and Shoreline: Policies: (a) Require users of natural resources to conduct their activities in a manner that avoids or minimizes adverse effects on the environment. (c) Maintain the shoreline for recreational, cultural, educational, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. Discussion: The Applicant supports a conservative approach to the conservation of natural resources. 4 Guidelines for Approval (1) All development in the special management area shall be subject to reasonable terms and conditions set by the authority in order to ensure: (A) Adequate access,by dedication or other means, to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles; (B) Adequate and properly located public recreation areas and wildlife preserves are reserved; (C) Provisions are made for solid and liquid waste treatment, disposition, and management which will minimize adverse effects upon special management area resources; and (D) Alterations to existing land forms and vegetation, except crops, and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of floods,wind damage, storm surge, landslides, erosion, siltation, or failure in the event of an earthquake. Discussion: (A)There has historically been no shoreline access through this parcel. That will continue. (B)Septic systems will be designed by a licensed civil engineer to protect the ocean from wastewater associated with this development. (C) There is little alteration to the existing land forms anticipated. Vegetation is mostly low shrubbery and rocky with grass near the cliff edge. (2) No development shall be approved unless the authority has first found: (A) That the development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by the public health, safety, or other compelling public interests. Such adverse effects shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and the elimination of planning options; (B) That the development is consistent with the objectives,policies, and special management area guidelines enacted by the legislature; and (C) That the development is consistent with the county general plan and zoning. Such a finding of consistency does not preclude concurrent processing where a general plan or zoning may also be required. Discussion: The Project is not expected to have any significant adverse impact to environmental resources. It is consistent with the objectives,policies and SMA guidelines, as well as the General Plan and County zoning. The surrounding area has moderate density residential development. Allowing one more single family dwelling in this area will not have a high impact either individually or cumulatively. Even if all the other similarly sized parcels in the area were developed the same way the density would be capped at two dwellings per acre. 5 (1) General Plan states: The population increased in Puna as a result of employment opportunities in agriculture as well as job opportunities in Hilo. Also contributing to this increase was an immigration into subdivided areas due to the affordability of parcels within Puna. The population in Puna during the past 30 years has increased at a substantially higher rate than the growth in employment. Discussion: This development proposal is for housing. (2) General Plan states as a goal under Environmental Quality: Define the most desirable use of land within the County that achieves an ecological balance providing residents and visitors the quality of life and an environment in which the natural resources of the island are viable and sustainable. Discussion: This development is consistent with these goals. (3) General Plan states : The coastline of the island is susceptible to high seas and tsunami inundation. Tsunamis may be of local or distant origination. Historically, those of distant origin have caused the most damage. However, of the nearly 305 miles of coastline, approximately 225 miles, or 75 per cent of the coastline is predominantly undeveloped cliff area and not subject to property damage from coastal flooding or tsunami inundation. Discussion: This parcel is not flood prone and impacts no other parcel as any flooding will go into the ocean. (4)As relates to Natural Resources General Plan states: (a) Require users of natural resources to conduct their activities in a manner that avoids or minimizes adverse effects on the environment. (b)Protect the shoreline from the encroachment of man-made improvements and structures. (c) An identification and inventory of forest lands suitable for watershed purposes should be conducted jointly by County, appropriate State and Federal agencies, and private landowners. (d)Encourage the use of native plants for screening and landscaping. Discussion: The septic system for wastewater and the construction debris barrier and best practices will be used to minimize negative impacts on the environment. (5) Regarding Housing General Plan states : From governments'perspective, adequate housing for residents is part of the considerations of public health, welfare and safety. Housing and residential use of land is a generator of government revenue through local real property taxes. The revenues are balanced by significant expenditures of public funds for roads, schools,protective services and other capital improvement projects that service residential areas. Discussion: This development is consistent with housing goals of the General plan. 6 (6) Regarding flooding in Puna the General Plan states: The district is subject to heavy rainfall and there is record of severe flooding. Historically, flooding along the Belt Highway and the highway from Keaau to Pahoa had been the most prominent problems of the district. However,highway improvements have done much to alleviate the flooding on the roadways. Discussion: This parcel is not flood prone and impacts no other parcel as any flooding will go into the ocean. F. RELATIONSHIP TO SMA OBJECTIVES, POLICIES & GUIDELINES as provided by Chapter 205A,HRS, and SMA Guidelines SMA Obiectives & Policies Recreational Resources Objective: Provide coastal recreational opportunities accessible to the public. Policies: (A) Improve coordination and funding of coastal recreational planning and management; and (B) Provide adequate, accessible and diverse recreational opportunities in the coastal zone management area by: (i) protecting coastal resources uniquely suited for recreational opportunities that cannot be provided in other areas; (ii) requiring replacement of coastal resources having significant recreational value, including,but not limited to, surfing sites, fishponds and sand beaches, when such resources would be unavoidably damaged by development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable; (iii) providing and managing adequate public access, consistent with conservation of natural resources,to and along shorelines with recreational value; (iv) providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation; (v) ensuring public recreational uses of county, state and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources; (vi) adopting water quality standards and regulating point and nonpoint sources of pollution to protect, and where feasible, restore the recreational value of coastal waters; (vii) developing new shoreline recreational opportunities,where appropriate, such as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; and encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission,board of land natural resources, and county authorities; and crediting such dedication against the requirements of section 46-6. 7 Discussion: The Property is located in an area with high cliffs or pali and is not a prime fishing area. Historic Resources Objective: Protect,preserve, and, where desirable, restore those natural and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. Policies: (A) Identify and analyze significant archaeological resources; (B) Maximize information retention through preservation of remains and artifacts or salvage operations; and (C) Support state goals for protection, restoration, interpretation, and display of historic resources. Discussion: It is highly unlikely that there are any archaeological resources on the Property. It has been previously disturbed during subdivision developement. Scenic & Open Space Resources Objective: Protect,preserve, and, where desirable,restore or improve the quality of coastal scenic and open space resources. Policies: (A) Identify valued scenic resources in the coastal zone management area; (B) Ensure that new development are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline; (C) Preserve,maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and (D) Encourage those developments that are not coastal dependent to locate in inland areas. Discussion: The proposed Project will not interfere with any views of the coastline from a public highway. Coastal Ecosystems Objective: Protect valuable coastal ecosystems, including reefs, from disruption and minimize adverse impacts on all coastal ecosystems. Policies: (A) Exercise an overall conservation ethic, and practice stewardship in the protection, use, and development of marine and coastal resources; 8 (B) Improve the technical basis for natural resource management; (C) Preserve valuable coastal ecosystems, including reefs, of significant biological or economic importance; (D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversion, channelization, and similar land and water uses, recognizing competing water needs; and (E) Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water quality through the development and implementation of point and nonpoint source water pollution control measures. Discussion: The Applicant will be using approved septic systems to serve the Residence. All surface runoff will be contained onsite. Site specific Best Management Practices will be utilized as discussed in detail above. The project area falls entirely outside the 40 foot shoreline setback. As such, the Project is not expected to negatively impact coastal ecosystems. Economic Uses Objective: Provide public or private facilities and improvements important to the State's economy in suitable locations. Policies: (A) Concentrate coastal dependent development in appropriate areas; (B) Ensure that coastal development such as harbors and ports, and coastal related development such as visitor industry facilities and energy generating facilities, are located, designed, and constructed to minimize adverse social, visual, and environmental impacts in the coastal zone management area; and (C) Direct the location and expansion of coastal dependent developments to areas presently designated and used for such developments and permit reasonable long- term growth at such areas, and permit coastal dependent development outside of presently designated areas when: (i) use of presently designated locations is not feasible; (ii) adverse environmental effects are minimized; and (iii) the development is important to the State's economy. Discussion: The Property is located within an existing agricultural zoned subdivision where lots are typically used for dwellings. Continued development in this area is entirely appropriate. Coastal Hazards Objective: Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, subsidence, and pollution. 9 Policies: (A) Develop and communicate adequate information about storm wave,tsunami, flood, erosion, subsidence, and point and nonpoint source pollution hazards; (B) Control development in areas subject to storm wave,tsunami, flood, erosion, hurricane,wind, subsidence, and point and nonpoint source pollution hazards (C) Ensure that development comply with requirements of the Federal Flood Insurance Program; and (D) Prevent coastal flooding from inland projects. Discussion: The Property is subject to tsunami inundation, as are all areas along the coast. In any event residents will evacuate if so directed by sirens or county or state personnel. Actions by the applicant will be unlikely to increase erosion or pollution. Managing Development Objective: Improve the development review process, communication, and public participation in the management of coastal resources and hazards. Policies: (A) Use, implement and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development; (B) Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and (C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process. Discussion: The SMA Assessment process will allow the Planning Director to assess the Project in detail. Public Participation Policies: (A) Promote public involvement in coastal zone management processes; (B) Disseminate information on coastal management issues by means of educational materials,published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and (C) Organize workshops,policy dialogues, and site-specific mediations to respond to coastal issues and conflicts. Discussion: The SMA Assessment process will allow the Planning Director to assess the Project in detail. Beach Protection Policies: (A) Locate new structures inland from the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due to erosion; 10 (B) Prohibit construction of private erosion-protection structures seaward of the shoreline, except when they result in improved aesthetic and engineering solutions to erosion at the sites and do not interfere with existing recreational and waterline activities; and (C) Minimize the construction of public erosion-protection structures seaward of the shoreline. Discussion: The Project will not interfere with natural beach processes or erosion. Marine Resources Policies: (A) Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial; (B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency; (C) Assert and articulate the interests of the state as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone; (D) Promote research, study, and understanding of ocean processes,marine life, and other ocean resources in order to acquire and inventory information necessary to understand how ocean development activities relate to and impact upon ocean and coastal resources; and (E) Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources. Discussion: The Project is not expected to impact marine resources. Guidelines for Approval (1) All development in the special management area shall be subject to reasonable terms and conditions set by the authority in order to ensure: (A) Adequate access,by dedication or other means,to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles; (B) Adequate and properly located public recreation areas and wildlife preserves are reserved; (C) Provisions are made for solid and liquid waste treatment, disposition, and management which will minimize adverse effects upon special management area resources; and (D) Alterations to existing land forms and vegetation, except crops, and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of floods,wind damage, storm surge, landslides, erosion, siltation, or failure in the event of an earthquake. Discussion: The Project will not affect shoreline public access, and will not have adverse effects on the shoreline. (2) No development shall be approved unless the authority has first found: 11 (A) That the development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by the public health, safety, or other compelling public interests. Such adverse effects shall include,but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and the elimination of planning options; (B) That the development is consistent with the objectives,policies, and special management area guidelines enacted by the legislature; and (C) That the development is consistent with the county general plan and zoning. Such a finding of consistency does not preclude concurrent processing where a general plan or zoning may also be required. Discussion: The Project is not expected to have any significant adverse impact to environmental resources. It is consistent with the objectives,policies and SMA guidelines, as well as the General Plan and County zoning. (3) The authority shall seek to minimize, where reasonable: (A) Dredging,filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough or lagoon; (B) Any development which would reduce the size of any beach or other area usable for public recreation; (C) Any development which would reduce or impose restrictions upon public access to tidal and submerged lands,beaches,portions of rivers and streams within the special management areas and the mean high tide line where there is no beach; (D) Any development which would substantially interfere or detract from the line of sight toward the sea from the state highway nearest the coast; and (E) Any development which would adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats, or potential or existing agricultural uses of land. Discussion: The Project will not reduce the size of any beach or other area usable for public recreation. It will not impose any restriction on public access to tidal or submerged lands or detract from the line of sight toward the sea of any highway,nor is it expected to adversely affect water quality, fisheries, fishing grounds,wildlife habitats or agricultural uses of land. G. Zoning The Property is within the Agricultural Zoning area. Surrounding zoning is also Agricultural. Properties surrounding the Subject Property are developed with single family dwellings and accessory buildings and in agricultural use. Project is situated entirely within the Special Management Area("SMA"). The Project Site is presently zoned Agricultural by the County of Hawaii. SLU: A, County Zoning: A-la, LUPAG: open. This zoning designation is entirely appropriate within current policies for the proposed Project. Parcels zoned for agriculture in this subdivision are commonly used for residential purposes. This proposed development is squarely in line with that usage. 12 H. Flood Insurance rate Map (FIRM) Designation is X 1. Archaeological Resources Due to subdivision developemnt the existence of any surface or subsurface archaeological remains is extremely unlikely. To the Applicant's knowledge, there are no traditional or customary practices occurring on or near the Project Site. J. Flora Property is currently covered by grass, trees and shrubs. Fauna Occasional or consistent use by seabirds, small rodents and lizards is likely, but impacts on area fauna will be minimal. K. Cultural Resources No traditional or customary native Hawaiian rights are exercised in the area except fishing. There has historically been no shoreline access through this parcel. That will continue. L. Public Access to the Shoreline There has historically been no shoreline access through this parcel. That will continue. There are other areas in this subdivision and nearby offering fishing from the cliffs. M. Access to the area The Property is accessed by Hawaii 11, aka Keaau-Pahoa Rd, a paved county maintained public highway, and accessed by either Kaloli Dr. or Paradise Dr, paved public roads in reasonable condition. N. Traffic Impacts There is not expected to be any impact to the existing traffic situation on area roads as the proposed Residence will not add much to the density of the area. As such,no mitigation measures are currently proposed. O. Availability of Utilities Water System A private well will be dug and utilized. Wastewater System The Residence will be served by an engineered septic system. Utilities Helco electrical grid is available for hook-up and will be utilized. Electricity will be brought on to the property with either overhead lines on privately owned poles or underground. 13 Emer2ency Services The Project Site is currently served by all emergency services. It is located 1) within the service area of the County Fire Department's Paradise park Volunteer Fire Station 15-1575 Paradise Dr., less than 5 miles from the Property; 2) Hawaii County Fire Department Pahoa Station 15-2908 Pahoa Village Road, approximately 10 miles from the Property; 3) within the service area of the Pahoa Police Station, 15-2615 Kea`au-Pahoa Road, approximately 10 miles from the Property; 4) within the service area of the Keaau Police Station, 16-189 Pili Mua Street, approximately 10 miles from the Property; 5) Hilo Community Hospital, 1190 Waianuenue Ave, Hilo, HI 96720 Solid Waste The Applicant is responsible for hauling all domestically generated trash to any available County Transfer Station. The Applicant acknowledges that construction waste is not to be disposed of at any County Transfer Station. P. Information as to any areas of critical concern will be addressed as required by the director. ANTICIPATED IMPACTS OF THE PROPOSED DEVELOPMENT ON THE SMA A. DESCRIPTION OF ENVIRONMENTAL SETTING The property is coastal and rural, basically shrubs and ground cover. It is slightly sloping towards the ocean, down slope from the road. B. RELATIONSHIP TO LAND USE PLANS,POLICIES,AND CONTROL OF AFFECTED AREA Land Use Plans & Policies The area is generally used for residential purposes and the proposed development is consistent with those uses. Natural Hazards Tsunami Existing Conditions The Project Site is not in a Fema recognized floor zone. The occurrence of a tsunami is unpredictable. Once generated, a tsunami's height can be monitored as it approaches land masses. The tsunami height at landfall will vary depending on the shoreline terrain and the nearshore water's depth. Potential Impacts As a result of the unpredictability of a tsunami,the actual impacts cannot be estimated beyond the fact that large tsunami waves can cause considerable damage. The ability of a structure to survive the destructive force of a tsunami is dependent upon a number of 14 factors, including the following: the size of the wave,the number of waves, the type of structure impacted, the structure's distance from the water's edge,the topography of the impacted area, and the amount of debris suspended in the waves impacting the structure. Proposed Mitigation The Applicant is well aware of the potential tsunami hazard. Evacuation routes for the area have been developed by the Hawaii County Civil Defense Agency ("Civil Defense") and the Applicant is aware of them. A tsunami warning siren system is presently in place as a means of informing area residents and businesses of an impending threat. The warning system is linked to the Statewide Civil Defense System and is activated directly by Civil Defense. Volcanic &Earthquake Hazards Existing Conditions The United States Geologic Survey ("USGS") classifies the area as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 being the lowest risk and 1 being the highest. The entire Island of Hawaii is within Earthquake Zone 3. Potential Impacts The potential impacts of lava flow inundation include structures and improvements covered by lava or destroyed by fire, disruption of built infrastructure, alteration of the terrain and loss of life. This property is not in a high risk area. In Hawaii, the loss of life due directly to lava flow inundation is extremely rare due to the fact that there is usually adequate warning of an impending threat to allow the evacuation of the area. The Uniform Building Code designates the entire Island of Hawaii in Zone 3 and contains certain structural requirements to address the relative seismic hazards. However, during a major earthquake of 7+ on the Richter scale, significant property damage may occur. Proposed Mitigation As in the case of tsunamis, due to the uncertainty of volcanic events,the most practical mitigative measure is the provision of an early warning system that will warn area residents and businesses of an impending threat. Regarding a seismic event, adherence to the structural requirements of the Uniform Building Code is the best possible mitigation to prevent property damage or loss of life. C. PROBABLE IMPACT ON THE ENVIRONMENT The environment will be altered by the addition of the new building and related developement. D. ANY PROBABLE ADVERSE,UNAVOIDABLE ENVIRONMENTAL EFFECTS The Applicant has not identified any adverse,unavoidable environmental effects. E. ALTERNATIVES TO THE PROPOSED ACTION "No-Action" Alternative Under this alternative, Applicant would not do the Project. 15 Location of the Project Elsewhere on the Property As the entire Property is situated within the SMA there is no way to situate the Project outside of the SMA. Evaluation of Alternatives The present alternative is the only reasonable option for the Applicants to accomplish their objective. F. MITIGATING MEASURES TO MINMIZE IMPACT Large shoreline setbacks,new septic systems and best management practices during construction will protect the coastline and ocean. G. ANY IRREVERSIBLE & IRRETRIEVABLE COMMITMENT OF RESOURCES Resources The proposed Project does not include any irreversible and irretrievable commitment of resources. As previously noted, the Project Site is not a habitat for any federally or State listed, candidate or proposed threatened or endangered species, nor is there any likelihood of surface or subsurface archaeological resources. Visual Characteristics The Applicant does not anticipate any impacts to visual resources from the Project. Ocean views from roadways and neighboring lots should not be affected by the proposed buildings which will be generally below road level and will not block ocean views from Highway 11. ------------------------------------------------------------------------------------------------- 16 'For purposes of this application Val Colt r may act as our ol'licia] representative. Please address all communication regarding this application to both{ Valerie Coltcr 80 -769-2949 JEREMY GRAHAM 13-6460 Kalapana 1 apoho Rd. 805-469-6348 Pahoa HI 9 778 16457 Curlcd Oak Dr,Monument Co 80132 val.eoltcrayaboo.eom j[g072@gmail.com Owners: CALCAM INVESTMENTS LLC x ram' Date f Attachments: ■ Proposed Building floor plans &elevations ■ Site plan Arial view ■ Survey maps ■ DLNR shoreline certification 17 I 0 Eon M. E #a W ,/� m9� •0� oaPo `--1\v i=9� "oN w vF•S �o E 1A z x�O v° i zq f w a 3/1)• Od �.`•.�„ ',.. U tub � cc S'' nvd do da.�ausaa _ ^' W. 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Finance Director ` Diane Nakagawa ••o.__�';' Deputy Director ,TE OF'NF•'� County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawaii 96720-4679 • Fax(808)961-8415 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg.D,2nd Mr. • Kailua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 Date: February 7, 2024 Tax Map Key: (3) 1-5-059-049-0000 To: Planning Director From: Real Property Tax Office Subj: Request for Comments and/or Review Comments from the Appraisal Section: ❑ Property is receiving agricultural use value ❑ Property is dedicated to agricultural use ❑ Possible rollback taxes ® There are no comments at this time Remarks: Appraiser to Contact: Charles Tatsuhara Phone: 808-961-8329 Comments from the collection section: ❑ Status of real property taxes: ® Current ❑ Delinquent / Amounts $ Amount includes tax, penalty & interest up to Remarks: Collection personnel to contact: Jody-Ann Ashmore Phone: 808-961-8204 Planning Dept. Exhibit 2 Hawai`i County is an Equal Opportunity Provider and Employer ov,0 N Mitchell D.Roth e w. Razi I. Mansour �;� m Mayor :, Director Deanna S.Sako +,,;t�o',N'�;�`` Brenda Iokepa-Moses Managing Director 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, Dire for ( ,�� . )(- , - Department of Environmental Management DATE: February 8, 2024 SUBJECT: Special Management Area Use Permit Application(PL-SMA-2024-000047) Applicant: Jeremy Graham Request: To Construct a Single-Family Dwelling, In-Ground Pool, Water Well, Septic System and Other Related Development Tax Map Key: (3) 1-5-059:049; Puna, Hawaii The Solid Waste Division has reviewed the subject application and has no comments. The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details). • No County sewer system in area. Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dept. Exhibit 3 County of Hawai'i is an Equal Opportunity Provider and Employer J+tr'u:!r�!s Mitchell D. Roth �''� '- Benjamin T. Moszkowicz 1i; v, Police Chief ~t �Tt CF'N�'� Reed K. Mahuna l.)c pu,v Police Chief County of Hawai i POLICE DEPARTMENT 349 Kapi'olani street • llilo,llawai'i 96720-3998 REC'D HAND DELIVERED (909 935-3311 1--ax(909)9G1-2399 February 14, 2024 CON PLANNING DEPT FEB 15 2024 PM2:38 TO ZQNDO KERN, P ING DIRECTOR FROM N TH C O, SSISTANT POLICE CHIEF REA I OP ER ONS SUBJECT: SPECIAL MANAGEMENT AREA USE PERMIT (P L-S MA-2024-000047) APPLICANT: JEREMY GRAHAM REQUEST: TO CONSTRUCT A SINGLE-FAMILY DWELLING, IN- GROUND POOL, WATER WELL, SEPTIC SYSTEM AND OTHER RELATED DEVELOPMENT; TAX MAP KEY: (3) 1-5-059:049; PUNA, HAWAI'I 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 Todd Pataray, Puna Patrol, at 965-2716 or via email at Todd.Pataray@hawaiicounty.gov. Planning Dept. Exhibit -'I lawai'i County is an I yual Opportunity Provider and Hmploycr JOSH GREEN, M.D. f KENNETH S. FINK, M.D,MGA, MPH .........9 GOVERNOR OF HAWAII rysv"'may DIRECTOR OF HEALTH KE KIA'AINA0 KA MOKU'AINA0 HAWAI'I y,: `tom KA LUNA HO'OKELE : �'©.I�tr�•rao� STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HI LO, HAWAII 96721-0916 MEMORANDUM. DATE: February 16, 2024 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Applicant: Jeremy Graham Request: To Construct a Single-Family Dwelling, In-Ground Pool, Water Well, Septic System and Other Related Development Tax Map Key: (3) 1-5-059:049; Puna, 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://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and proiect 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), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all Planning De A i. Exhibit --5 Zendo Kern February 16, 2024 Page 2 of 4 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: https:Hhealth.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: hltps:Hhealth.hawaii.gov/cwb/clean-water-branch-home- page/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: hgps://health.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. 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. 3. 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 hltps:Hhealth.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental Zendo Kern February 16, 2024 Page 3 of 4 compliance for their projects in the areas of 1)Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection 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: hgps:Hhealth.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: hllps:///health.hawaii.gov/epo/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: hLtps:Hhealth.hawaii._gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at.doh.wwbgdoh.hawaii.gov. Sanitation/Local DOH Comments: 1. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure 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. A demolition permit is required prior to demolition. Other Zendo Kern February 16, 2024 Page 4 of 4 1. CDC - Healthy Places - Healthy Communi . 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. JOSH GREEN,M.D. OF j, DAWN N.S.CHANG GOVERNOR KEKIA•AINA T '+. 4 CHAIRPERSON w, 96M-..+ BOARD OF LAND AND NATURAL RESOURCES y` COMMISSION ON WATER RESOURCE SYLVIA LUKE n t ti MANAGEMENT LIEUtENANTGOVERNOR I KAHOPEKIA'AINA RYAN K.P.KANAKA'OLE FIRST DEPUTY ,and-nd N f & Q.�'J DEAN D.UYENO d� ACTING DEPUTY DIRECTOR-WATER O.F7•F+ AQUATIC RESOURCES BOATING AND OCEAN RECREATION STATE OF HAWAN I KA MOKU`AINA`O HAWAI`I BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE DEPARTMENT OF LAND AND NATURAL RESOURCES MANAGEMENT s�+e of HB+�� CONSERVATION AND COASTAL LANDS KA`OIHANA KUMUWAIWAI `AINA CONSERVATION AND RESOURCES ENFORCEMENTFAAENT OFFICE OF CONSERVATION AND COASTAL LANDS FORESTRYNNG AND IWILDUFE P.O.BOX 621 HISTORIC PRESERVATION KAI100LAWE ISLAND RESERVE COMMISSION HONOLULU,HAWAII 96809 LAND STATE PARKS REF:000L:CM Correspondence: HA 24-120 Feb 16,2024 Zendo Kern, Planning Director REC'D BY MAIL County of Hawaii, Planning Department COH PLANNING DEPT 101 Pauahi Street, Suite 3 FEB 20 2024 PM3:55 Hilo, HI 96720 SUBJECT: Special Management Area Use Permit Application (PL-SMA-2024-000047) for a Single-Family Dwelling and Related Development Construction Project Located at Paradise Ala Kai Drive; Puna, Hawaii; Tax Map Key: (3) 1-5-059:049 Dear Mr. Kern, The Office of Conservation and Coastal Lands (OCCL) has reviewed your correspondence and SMA pre-consult package for the proposed construction of a new residence, in-ground pool, water well, septic system, and other related development at the subject location. It appears the project is located within the State of Hawaii Agriculture Land Use District. The OCCL regulates land uses in the State Land Use Conservation District, as such, the project appears to be located outside of our jurisdiction. As a ocean-front property, I encourage you to review the State of Hawaii Sea Level Rise Viewer (https://www.pacioos.hawaii.edL iorelir ) to assess the potential impacts of sea level rise on the parcel. Although the property is not within the Conservation District, it should be noted that the USGS Atlas of Coastal Hazards in the Hawaiian Coastal Zone places the shoreline vicinity in a high (6) Overall Hazard Assessment, based on the high (tsunami, storms, sea level, and volcanic) and moderately high (stream flooding and high waves) hazards that affect the low-lying area (see Attachment). Should you have any questions regarding this correspondence, contact Cal Miyahara of the Office of Conservation and Coastal Lands at (808) 798-6147 or calen.miyahara(a-),hawaii.gov. Sincerely, s �C� Michael Cain, Administrator Office of Conservation and Coastal Lands C: HDLO Hawaii County Planning Department Planning Depi. Exhibit County of Hawaii Planning Department Correspondence HA 24-120 New home construction Hazard Typ¢: G CS T SF W 5 E 3L v•5 C1M9. �•+�5'r rr Pdpu a Makuu Island of Hawaii Coastal Hazard Intensity Kahului Walrhre•AAaAr fy�• Mtli K&4* q Pak Say Kipaepae �o eahoU Kelali Ppklt _ 4' LE 1 GC-CG3 G:rtf',YY'• .vrvol a•9t T�F-le^ Y � . cr noprepny IAanna lAamrwks-Inc. ��++� �■♦ � '�* + • •� •• •�• ♦ o EXPILANATION '.+Y,y.• .r a.ranrr +rye.see + + t■ ��• 4 +\\ 1•Vdlpd Dn S'f.C+�+F h'a�tllol."An f!n@!nf cObChPnJ \♦♦\1• t �4 •\4 a. 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(She) ,Rock + ■• •♦r■ • :♦■ ♦.+ • •a♦■ Mokuapihi Dvergl Hard Auaaosmcnl IDHAI •r♦ •►♦ ■ ♦• ., .•., ■♦• Point Lo,• � ass Grod+l II SGS 1 5e.Wj Nile,Hawaii.r+617 It W7W Edltian 1-❑MA and US DS F!3p,00p Pahpg.Harms 601E 1V VV733 Edl§l 1-WAA ! � � L � § � rqED , � , 2w .� � � too Z-V M 0 `� 2 % Z< Z. 2 § � a. , ewm O C4, o E4 M ' %GS - � I : \ | ' £ ! � ¥ � � ¢ � ¢ L ƒ ? \ en _ / 3 \ � n « p - J \ # a > `c 0 op k q c \ 3 2 k \ » � m 14 LL n k \ o i Lk / -J < m � < o ƒ § S \ p C, } 2 § 2 / ❑ zx < , \ z// \ / z > M -jLU IL \ LL LL° k \ ® z0 � o \ LL LL LJo ,� �P ;95g"°� STATE OF HAWAI`I JOSH GREEN, : �. � ' � OFFICE OF PLANNING SYL�o E NOR & SUSTAINABLE DEVELOPMENT MARY ALICE EVANS g INTERIM DIRECTOR y >.. 235 South Beretania Street,6th Floor,Honolulu,Hawaii 96813 Telephone: (808)587-2846 .'�" Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 Fax: (808)587-2824 Web: https:Hplanning.hawaii.gov/ Coastal zone DTS202402070947NA Management Program February 26, 2024 Environmental Review Program Mr, Zendo Kern, Director Department of Planning Land Use Commission County Of Hawaii East Hawaii Office Land Use Division 101 Pauahi Street, Suite 3 Special Plans Branch Hilo, Hawaii 96720 State Transit-Oriented Attn: Alex Roy Development Statewide Geographic Dear Mr. Kern: Information System Statewide Subject: Special Management Area Use Permit Application (PL-SMA-2024- Sustainability Branch 000047) to Construct a Single-Family Dwelling, In-Ground Pool, Water Well, Septic System and other Related Developments, Puna, Hawaii; Tax Map Key: (3) 1-5-059: 049 Thank you for the opportunity to provide comments on the Special Management Area (SMA) Use Permit Application (PL-SMA-2024-000047), transmitted via memorandum dated February 6, 2024, to develop a single-family dwelling with in-ground pool, water well, septic system, driveway and parking at Puna, Hawaii. According to the subject SMA Use Permit Application, the proposed residence will be designed and constructed as a two-story, five-bedroom, three and half bath dwelling with a garage on a 0.55-acre shoreline parcel. The residence is anticipated to have 3,357 square feet in interior area, and 3,047 square feet in accessory, and the height of the dwelling will not exceed a maximum of 35 feet. The total residential developed area including driveway and landscaping will be 20,000 square feet. The dwelling structure will be located approximately 96 feet from the certified shoreline. A well will be installed with a permit to supply water. The estimated cost of the proposed development is $815,000, The Office of Planning and Sustainable Development(OPSD)has reviewed the subject SMA Use Permit Application, and has the following comments to offer: Planning Dept. Exhibit 7 Mr. Zendo Kern February 26, 2024 Page 2 1. The OPSD suggests that the application provide a Location Map to include the regional location of the project site on the Island of Hawaii, and a map to illustrate the parcel in relation to the county designated SMA. 2. The application on page_4 states that the parcel is not in a flood zone. The OPSD recommends the application provide a flood zone map for the subject parcel, as designated under the Flood Insurance Rate Map from the Federal Emergency Management Agency National Flood Insurance Program. 3. The property is within the Agricultural District under the State Land Use Designation. Pursuant to Hawaii Revised Statutes (HRS) § 205A-26, the subject development shall not be approved unless the authority has first found that the proposed residential development with in-ground swimming pool is consistent with the county land use policies including zoning. 4. According to the subject SMA Use Permit Application, the proposed septic system and in-ground swimming pool will be located 47 feet from the approved shoreline. Given the shape and slope of the subject parcel, and the geological feature of the coastline (e.g., images 1, 2 and 3), OPSD recommends that the subject application increase the distance inland of the site of septic system and in-ground swimming pool from the certified shoreline to mitigate potential risk of coastal hazards, including storm surges and passive flooding at the subject property as illustrated in the Hawaii Sea Level Rise Viewer at https://www.pacioos.hawaii.edu/shoreline/slr-hawaii/. 5. The Application states that excavating and compacting activities for the proposed development are anticipated with 12,000 square feet from grading, excavating, fill and compacting. The OPSD concurs that the site-specific Best Management Practices (BMPs) shall be developed and implemented to prevent any runoff, sediment, soil and debris potentially resulting from associated construction activities from adversely impacting the coastal ecosystems and the State waters as specified in Hawaii Administrative Rules Chapter 11-54. 6. Should any archaeological or cultural resources, or burials be discovered during ground excavation, all construction work shall be ceased immediately. Subsequent work shall proceed only upon an archaeological clearance and written guidance from the State Historic Preservation Division, Department of Lands and Natural Resources. 7. In enacting Act 224, Session Laws of Hawaii 2005, the legislature found that light pollution in Hawaii's coastal areas and artificial lighting illuminating the shoreline and ocean waters can be disruptive to avian and marine life. All exterior lighting and lamp posts associated with the proposed residential development shall be cut-off luminaries to provide the necessary shielding to mitigate potential light pollution in the coastal Mr. Zendo Kern February 26, 2024 Page 3 areas, and lessen possible seabird strikes. No artificial light, except as provided in HRS §§ 205A-30.5(b) and 205A-71(b), shall be directed to travel across the property boundaries toward the shoreline and ocean. If you respond to this comment letter,please include DTS20240207094NA in the subject line. For any questions regarding this letter,please contact Shichao Li of our office at(808) 587- 2841 or by email at shichao.li@hawaii.gov. Sincerely, rnorU- &an5 Mary Alice Evans Interim Director DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: February 29, 2024 790"W0449 f1 TO: Planning Director FROM: Department of Public Works, Engineering Division01__..__ SUBJECT: Special Management Area Use Permit Application (PL-SMA-2024-000047) Applicant: Jeremy Graham Request: To Construct a Single-Family Dwelling, In-Ground Pool, Water Well, Septic System and Other Related Development TM K: 1-5-059:049 We have reviewed the subject request and provide the following comments: 1. The subject parcel is in areas designated as Flood Zone X and VE on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). • Flood Zone X is an area determined to be outside the 500-year floodplain. • Flood Zone VE is the Special Flood Hazard Area inundated by the 100-year coastal flood (1% chance of occurring in any given year) with velocity hazard (wave action) with Base Flood Elevations determined. 2. All construction within Flood Zone VE shall comply with Chapter 27, Floodplain Management, of the Hawaii County Code (HCC). 3. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the HCC and Chapter 27. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit County of Hawaii is an Equal Opportunity Provider and Employer