PD RECOMMENDATION REPORT (PL-SPP-2022-000018)

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to participate in a contested case hearing to Petitioners Charles A. Anderson, EWM Enterprises, LP, and Kohala Makani Kai, LLC. The Parties held a mediation conference and came to an agreement with amendments, dated December 18, 2023. Based on this agreement the Planning Director recommends a revision to the original Condition No. 6 of SPP 1117, to address the petitioner's concerns about impacts to the access roads, and recommends adding Conditions No. 3 and 11, to establish a setback from the petitioner's property line and to require removal of an existing wind turbine on the subject property. Also based on the agreement, on July 12, 2023, Charles A. Anderson, EWM Enterprises, LP and Kohala Makani Wai, LLC withdrew their petitions for standing in a contested case hearing. The Planning Director feels that given the preceding, the applicant has shown willingness to work with surrounding neighbors to address concerns with vehicular traffic on the access roads and will continue to address issues as they arise. In accordance with the original Condition No. 11 of SPP 1117, if the applicant is unable to resolve complaints relating to interference or nuisance with the surrounding community, the Planning Director shall investigate and, if necessary, suspend the permit. Additionally, to address complaints and issues from a Notice of Violation issued in 2015, the Planning Director is recommending a condition be included to prohibit the subject property from being used for weddings. (C) Such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. The subject property is currently served by a 5/8-inch water meter, which is limited to one unit of water with an average daily usage of 400 gallons. According to the Department of Water Supply(DWS), the average daily water usage over the past two years has been approximately 4,100 gallons per day, far exceeding the capacity of the existing meter. Additionally, DWS notes that current water availability conditions in the area is limited to one unit of water per existing lot of record. The applicant has responded to DWS by noting that the high water usage rate was due largely to recent drought conditions requiring County water for agricultural activities. To address agricultural water needs, the applicant has installed sprinklers and drip lines, -4-