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HomeMy WebLinkAboutPD BACKGROUND REPORT BOnaka-Holman SPP.AK.4.2.2024 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HAILEY ONAKA-HOLMAN SPECIAL PERMIT APPLICATION (PL-SPP-2024-000067) HAILEY ONAKA-HOLMAN has submitted an application for a Special Permit to establish a four (4) bedroom bed and breakfast establishment within an existing single-family dwelling on a 0.25-acre portion of an approximately 9.75-acre parcel of land in the State Land Use Agricultural District. The subject property is located at 76-3847 Duarte Road, approximately 3,154 feet east of its intersection with Mamalahoa Highway, Holualoa 1st & 2nd Partition Lots Mauka, Holualoa, Hawaii, TMK: (3) 7-6-002:010. APPLICANT'S REQUEST 1. Request: The applicant, who resides on the property, is requesting a Special Permit to allow a four (4)-bedroom bed and breakfast operation in an existing two-story, 3,984- square foot, four (4)-bedroom single-family dwelling. The applicant proposes to secure a building permit to convert an existing den into a fifth bedroom, to be occupied by the applicant. The bed and breakfast will operate within the existing footprint of the single- family dwelling, with the intention to provide accommodation for a maximum of eight (8) adults. 2. Objectives: The applicant and other family members previously operated the dwelling as a hosted vacation rental to supplement income on a more sustainable basis but would like to have greater interaction with their guests and serve breakfast as a bed and breakfast. The applicant's objective is to generate additional interest in cattle ranching and the overall agricultural industry by occupants of the bed and breakfast. 3. Employees: The applicant intends to be the primary host and at times, her parents will work as the operators of the bed and breakfast. 4. Parking: Off-street parking is available for the guests of the bed and breakfast operation and for the residence. The applicant intends to provide a minimum of six (6) unpaved parking stalls to accommodate the proposed bed and breakfast operation. 5. Project Timetable and Cost: The applicant intends to commence the proposed use immediately following the granting of the Special Permit, subject to any building permit requirements, and does not anticipate construction costs. 6. Definition of"Bed and Breakfast Establishment": According to Section 25-1-5 of the Zoning Code, a "bed and breakfast establishment" means any single-family dwellings and/or guest houses (pursuant to section 25-4-9), which have been permitted on a building site, in which overnight accommodations and only breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than thirty days. 7. Landowner: Gary K and Lori K Duarte Tr., Kent G and Rachelle K Onaka Tr. 8. Supportive Information: A Special Permit is required to operate a bed and breakfast establishment in the State Land Use Agricultural District. The applicant submitted the attached in support of the request for a Special Permit: (Planning Department Exhibit 1 - Special Permit Application Dated February 20,2024) BACKGROUND INFORMATION 9. Building Permits: According to records on file with the Building Division, the following building permits have been issued and completed for the subject property: • June 29, 2000: Issuance of building permit no. 005880 for the construction of a two story, four bedroom/three and a half-bathroom 1,200 square foot first farm dwelling. Finalized on January 15, 2002. • July 20, 2018: Issuance of building permit no BK2018-01375 for an "As Built" addition to the permitted dwelling including an attached garage, den, and stairway. The applicant proposes to convert the den (shown on the site plan as "Owner's Studio") into a fifth bedroom. The Department of Public Works Building Division granted final inspection on January 2, 2019. DESCRIPTION OF STATE AND COUNTY PLANS 10. State Land Use District: Agricultural. 11. County Zoning: Agricultural-5 acre (A-5a). 12. General Plan LUPAG MAP: The General Plan LUPAG map classifies the subject property as Important Agricultural Lands (ial) which refers to land that has better potential for sustained high agricultural yields because of the soil type, climate, -2- topography, or other factors. 13. Kona Community Development Plan (CDP): The Kona CDP, originally adopted by the Hawaii County Council on September 25, 2008, and most recently amended on September 18, 2019, identifies the preferred land use pattern for the Kona districts. The subject property is not within the Kona Urban Area or any Rural Town Centers. 14. Kona Coffee Belt: The General Plan identifies the subject property as being located within the "Kona Coffee Belt". 15. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area and does not front the shoreline. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 16. Subject Property: The property is located in Holualoa 1st& 2nd Partition Lots Mauka, approximately 3,154 feet mauka of the intersection of Duarte Road and Mamalahoa Highway. The subject parcel is rectangular in shape with multiple existing agricultural structures. An existing two story, four-bedroom/three and a half-bathroom single-family dwelling, constructed in 2002, will be used for the bed and breakfast operation. The remainder of the property is used for cattle grazing. 17. Surrounding Zoning/Land Uses: Lands surrounding the subject parcel are zoned Agricultural-1 acre (A-la), Agricultural-5 acres (A-5a) and Agricultural-20 acres (A- 20a), with uses consisting of agriculture and farm dwellings. The subject property is bordered by dwellings toward the north and the west, with the closest dwelling approximately 405 feet from the proposed bed and breakfast structure to the north of the subject property. TMK 7-6-005:017, approximately 1,203 feet west of the subject property, was approved by Special Permit No. PL-SPP-2021-000003 to establish a 3- bedroom bed and breakfast operation. 18. Land Study Bureau's Detailed Land Classification System: Soil within the property is classified as "C" or"Fair". 19. Soil Survey: The soil is Nap6`opo`o cobbly hydrous silt loam with 10 to 20 percent slopes and consists of ash fields over a'a lava flows. The soil is well drained, and the runoff class is high. -3- 20. Agricultural Lands of Importance to the State of Hawaii(ALISH): The subject parcel is unclassified. 21. Flood Zone: The property is situated within an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by FEMA, an area of minimal flood hazard located outside the 500-year flood plain. 22. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the property because the property has been almost fully cleared and improved for cattle grazing with associated structures. According to the applicant, they do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The applicant states that due to the site's elevation, there is potential that the Hawaiian Hawk(I`o) and Owl (Pu`eo) may frequent the general area, but there are no signs that the parcel itself serves as a habitat for those birds. The applicant also stated that due to the rural seating of the area, introduced animals like mongoose, dogs, feral pigs, and cats, have been observed on the site. 23. Historic and Cultural Resources: No professional archaeological and cultural study was conducted of the property. According to the applicant, no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. There are no known traditional or customary Native Hawaiian cultural rights being practiced within the subject property or any known cultural or historic resources existing on the property. The applicant reports that they believe it is unlikely to find any significant archeological features on the site as it has previously been fully developed for residential and agricultural uses. 24. Public Access: There is no public access to any shoreline or mountain areas on the property. PUBLIC UTILITIES AND SERVICES 25. Access: The subject parcel is located on the mauka side of Mamalahoa Highway and is accessed via Duarte Road, a privately owned approximately 9-foot-wide paved roadway over a 50-foot-wide access and utility easement. Nonexclusive access to the subject property via the 50-foot-wide access and utility easement was granted via Grant of Easement and Covenants to Maintain Easement Agreement dated September 14, 1984. -4- 26. Traffic: Bed and Breakfast operations are limited by the Zoning Code to a maximum of ten (10) guests, as such the applicant is proposing to rent out four (4) bedrooms, which will operate below the ten (10) guest limit and is not expected to impact traffic any more than 4 occupied bedrooms of a dwelling. The applicant has proposed to schedule guest check-in and check-out after the AM/PM peak hours. According to the applicant the proposed development is not anticipated to generate adverse traffic impacts on the local roadway system. 27. Water: The applicant reported that the subject property is currently serviced by a master water meter which also services other properties within the area owned by the applicant's family. The landowners have requested and secured approval of a dedicated meter for the subject property, subject to the execution of an elevation agreement which is currently being processed. According to the Department of Water Supply (DWS), the subject property does not have an existing water service, is considered out-of-bounds, and is at an elevation where adequate pressure cannot be provided. DWS reports that one (1) unit of water can be made available to the subject parcel to service just one (1) dwelling unit. DWS recommends the applicant enter into an out of bounds agreement with DWS, remit the payment of the necessary facilities charge as well as cost of the service lateral installation, and install a 5/8-inch water meter, as well as provide schematic diagram by a professional engineer licensed in the State of Hawaii and an off-site receiving tank. 28. Wastewater System: According to the Department of Environmental Management, the subject property is not served by the existing county sewer system; thus, the applicant shall follow Department of Health (DOH) regulations for wastewater. The original single-family dwelling is serviced by a cesspool and the "as-built" addition is serviced by a septic system as permitted by the DOH. 29. Solid Waste: There are no municipal waste collection services in the County. All solid waste generated by the development will require private disposal at an approved transfer station or landfill. 30. Food Service Operations: By definition, bed and breakfast establishments may only provide breakfast meals to guests. The Department of Health (DOH) has noted that a food establishment permit will be required if meals are to include "potentially hazardous -5- food" or if the number of guests exceeds 6. If the bed and breakfast will only offer commercial cereal, pastries, breads, fruits, coffee, tea, and juice, then a food establishment permit is not required. However, the limited menu must be documented with DOH and the applicants must comply with other DOH requirements. 31. Essential Services and Utilities: Fire facilities are available nearby in Keauhou and Kailua-Kona. Police services are available from either Kealakekua or Honokohau Electrical and telephone services are already available to the property. AGENCIES' COMMENTS 32. Department of Health: (Planning Department Exhibit 2—March 28,2024,Memo) 33. Department of Public Works—Engineering Division: (Planning Department Exhibit 3 —April 10,2024) 34. Department of Public Works —Building Division: (Planning Department Exhibit 4 — April 3,2024) 35. Department of Water Supply: (Planning Department Exhibit 5 — May 2, 2024, Letter) 36. Department of Environmental Management — Solid Waste Division: (Planning Department Exhibit 6 -April 3, 2024,Memo) 37. Department of Finance — Real Property Tax: (Planning Department Exhibit 7 — March 25, 2024) AGENCIES AND ORGANIZATIONS—NO COMMENT/CONCERNS 38. State Office of Planning and Sustainable Development, Police Department. AGENCIES AND ORGANIZATIONS—NO RESPONSE 39. Fire Department, State Land Use Commission, State Department of Agriculture. APPLICANT'S RESPONSE TO COMMENTS 40. The applicant has submitted a response letter to comments received from several agencies. (Planning Department Exhibit 8—May 3, 2024, Letter from Sidney Fuke) 41. The applicant has submitted a response letter to comments received from DWS. (Planning Department Exhibit 9—May 7,2024) -6- PUBLIC COMMENTS 42. As of the date of this writing, the Planning Department has not received any comments from the general public or adjacent landowners. -7- SidneyFuke, Planning Consultant P.O.Box -Hilo,Hawaii 96720 •Planning•Variance•Zoning Cell:(808))98 989-0640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.com •Environmental Reports February 22, 2024 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, Hawaii 96720 Dear Mr. Kern: Subject: Special Permit Application—Hailey Onaka-Holman Proposed 4-room Bed and Breakfast Holualoa 1St and 2°d, Mauka Section North Kona,HI, TMK: (3) 7-6-002: 010 Please find enclosed for your review and processing the subject Special Permit application. The applicant and her family currently operate an authorized 4-room hosted short term vacation rental but now wishes instead to operate a 4-room bed and breakfast facility within the 5-bedroom dwelling. The subject property, consisting of 9.75 acres, is located mauka or east of the Old Mamalahoa Highway (also known as the North Kona Belt Road) with a street address of 76- 3847 Duarte Road. More specifically, it is situated immediately south of the Holualoa Elementary School and approximately one half(1/2)mile north of the intersection of the Old Mamalahoa Highway and Hualalai Road. In that regard,please find following the signed application/letter of authorization and associated report, as well as a list of the names, addresses and tax map key of all property owners within 500 feet of the perimeter boundary of the subject property. The $500 filing fee will be paid online in conjunction with the uploading of this application into EPIC. Should you have any questions on this matter, please feel free to contact me. Thank you very much! Sincerely, SIDNEY M. FUKE Planning Consultant Enclosures cc Ms. Hailey Onaka-Holman w/enclosures via email Planning Dept. Exhibit 1 SPECIAL PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or Print the requested infonnation) APPLICANT Hailev Onaka Holman APPLICANT'S SIGNATURE: DATE: 2/20/24 ADDRESS: P. O. Box 24,Holualoa, HI 96725-0024 LIST APPLICANT'S INTEREST IF NOT OWNER: Daughter of one of landowners TELEPHONE: (Bus.) (Home) (808) 747-9415 (Fax) REQUEST: Proposed 4-room Bed and Breakfast TAX MAP KEY: (3) 7-6-002: 010 ZONING: A-la AREA OF PROPERTY/AREA OF REQUESTED USE .25 acres /9.75 acres LANDOWNER: Gary Duarte Tr; Lori Tr; Kent Onaka Tr; Rachelle Onaka Tr LANDOWNER'S SIGNATURE: See Attached DATE: _2/20/2024 (May be by letter) LANDOWNER'S ADDRESS: P.O. Box 24, Holualoa, HI 96725-0024 AGENT: Sidney Fuke, Planning Consultant ADDRESS: PO Box 1345 Hilo, HI 96721 TELEPHONE: (Bus.) 808 989-0640 (Home) N/A (Fax) Please indicate to whom original correspondence and copies should be sent to: ORIGINAL Sidney Fuke COPIES: Ms. Hailey Onaka Holman -1- Please be informed that as landowners, we hereby authorize Sidney Fuke— Planning Consultant, to process a Special Permit application for a proposed 4- room bed and breakfast on our property identified by TMK: 7-6-002: 010. v GAR K. DUARTE, TRUST Da ) Gary K. Duarte � 'OP LORI K.DUARTE TRUST(Date) Lori K. Duarte u�w KENT G. ONAKA TRUST (Date) Kent G. Onaka 44a9/24 RACHELLE K. ONAKA TRUST(Date) Rachelle K. Onaka mile SidneyFuke, Planning Consultant P.O.BOX •Hilo,Hawaii 96720 •Planning•Variance•Zoning Cell:(808))98 989-0640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.com •Environmental Reports March 20, 2024 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,Hawaii 96720 ATTN: Mr. Alukahe Kala Dear Mr.Kern: Subject: UPDATED Special Permit Application—Hailey Onaka-Holman Proposed 4-room Bed and Breakfast Holualoa 111 and 2"d,Mauka Section North Kona,HI,TMK: (3)7-6-002: 010 (PL-SPP-2024-000067) Pursuant to your email of March 19,please find attached a complete updated report that incorporates the changes made to pages 2 and 6 as well as an updated site plan(see Figure 3)that reflects the .25+/-acre of the Special Permit. This has been uploaded into EPIC this date. The requested easement was also uploaded into EPIC earlier. I trust that with this information,you will be able to finalize your review and deem the application complete. If not, as always, should there be questions on this matter,please feel free to contact me. incerely, SIDNEY M.FUKE Planning Consultant Enclosure cc Ms.Hailey Onaka-Holman w/enclosures via email UPDATED — MARCH 20, 2024 SPECIAL PERMIT APPLICATION PROPOSED 4-ROOM BED AND BREAKFAST HAILEY ONAKA-HOLMAN HOLUALOA 1ST AND 2ND, MAUKA SECTION, NORTH KONA, HAWAII TAX MAP KEY: (3) 7-6-002: 010 I. INTRODUCTION Ms. Hailey Onaka-Homan ("Applicant"), the daughter of one of the landowners, would like to operate a 4-room bed and breakfast ("B&B") within an existing 5-bedroom single-family dwelling on about a .25 acre portion of a 9.75 acre property identified by TMK: (3) 7-6-002: 010. The subject property is located mauka or east of the Old Mamalahoa Highway (also known as the North Kona Belt Road) with a street address of 76-3847 Duarte Road. More specifically, it is situated immediately south of the Holualoa Elementary School and approximately one half (1/2) mile north of the intersection of the Old Mamalahoa Highway and Hualalai Road. As the site is designated Agriculture by the State Land Use Commission, a Special Permit is required to allow the requested use. This report is intended to support the request. II. PROJECT LOCATION As noted above, the subject parcel, consisting of 9.75 acres, is located on the mauka side of the Old Mamalahoa Highway. It is situated approximately one-half(1/2) mile north of the intersection of the Highway and Hualalai Road. The Holualoa Elementary School is located almost immediately north of the property. (Figure 1) The subject property does not front the Old Mamalahoa Highway. It is served by an existing 9+ foot wide paved road within a 50-foot wide easement. The easement bisects the subject property. (See Figures 2a and 2b) The 9.75 acre property is bisected by a 50-foot wide easement. (See Figure 2b) The proposed B&B is located on the north side of that easement. For the purpose of this application, only the dwelling and the area immediately adjacent to it consisting of approximately .25 acres, is the subject of this request as noted on the site plan. (See Figure 3) The balance will continue to remain in their pastoral and orchard state, which according to the County Real Property Tax records consists of 7 acres and 2.5 acres, respectively. 1 .9 ii, KpAhuoW rj 10 v2G, KAI_L.UA-KONA,-' of L i KAILUABAY �y r HOLUALOA.. SUBJECT PROPERTY 7 LOCATION MAP Fi_gure 1 DUARTE id I�ROAD �11-�4;4, z ail o r.- It v I W t I ,+ M 4 ) i ki p I 9 NO;Q " 1,0 I pjP11, td-1 a ILI 21 O j z it) f4 Fiqure 2a 3g7 9- 5F Ra W F I \ 10 PLAT \ \ l 01 1 \\ ( I F e Mtl \ f /%� \ i \ o • I y I �3 Y \Q I ±t a Cyt� • a w 0 \ i IN Ei I I rill \> o l/ €I i � -L ?�>!�aa� � * I L^ �r o� � •`SII � nil oil Y `0II ♦ I F � C �' Tu r p 8 V SUBJECT PARCEL NtlI 66pa� J J -"w :� • � W.g e1 — 4 I �. 4 : - 11 i '90 0 4 kilt'k ^ z 8 ttY.SF��F44;.3q FFBF filS 9g99iR31�i i 42:� a t 3fG/7i7 ra "lo 6 Fi_aure 2b OTO-ZOO-9-L'N•W•1 �� z peod apen0 Lb8£-9L O e 7 w u � r '81�i 9.1-13HOVH/O 1N3N'` MVNO:HOA 9792 03SOdO8d E 3 { w O I I _ - .- _ --.—.._.._..--- .._.._.._.._. � I I ! I i ! I I ! I m I ! I I � a i i ! i l � V i i I a ► I -- - - pUt1RTE ROpD t .25+/-acres .U-.OZ Cm i - ! W i m I ! I o I � I /j-+ ------------------------------- 40 o I I e N I i Fi_gure 3 III. PROJECT DESCRIPTION A. Project Background and Concept The Applicant's parents and their ohana have owned the subject and immediately surrounding properties for several generations. As such and fittingly, the 9+ foot wide paved road within the 50-foot wide access/utility easement bisecting the property is called "Duarte" Road, the applicant's family name. The subject property has been used primarily for cattle grazing purposes. There is an existing 4,000+/- square foot, 5-bedroom dwelling on the site that was constructed in 1991 for the family of one of the landowners. The approved building permit identified four (4) bedrooms. The den above the garage has been used as a bedroom for over 10 years, resulting in the 5th bedroom. This will be the Applicant's room. If needed, a "de facto" use conversion permit from the Building Department will be secured. Within the past few years, the Applicant and other family members have operated the subject dwelling as a "hosted" short term vacation rental ("STVR"), with the "host" being the Applicant and at times, her parents. This approach was taken to supplement the income of the family member on a more sustainable basis. It should be noted that prior to its operation, the Applicant conferred with the County Planning Department and was informed that the STVR requirement of the Zoning Code did not apply to a "hosted" STVR. Because the Applicant now wants to be in a position to serve breakfast and have greater interaction with its guests, the Applicant would like to operate a B&B consisting of four (4) bedrooms instead of a "hosted" STVR. As noted on the floor plan, (Figures 4a and 4b) the B&B would include one (1) room on the first floor and three (3) rooms on the second level. The Applicant would be living in the area identified as "owner studio" on the second floor. (See Figure 4b) The 4-room B&B would operate and be consistent with the criteria for B&B's outlined in the County Zoning Code. Specifically, these would be: 1. The operator will reside on the same building site. The operator will be living within the dwelling. 2. The rooms will be within the single-family dwelling. 2 35'-11" 2Y-0" 13'-11" 00 3 0 EQ IN N a e i _ Q m : 3 , I �1 g 0 _ ad 3 s a 71] j m e � n J- 26-0" m LL � mm m Figure 4a PROPOSED B&B FOR:ONAKA,KENT G/RACHELLE K TR, a 00 p 76-3847 Duarte Road a.y' 01 T.M.K.7-6-002-010 22'-0" 10'-0` i i \\ i i p _ 5'LLL. E ------------ --.10. ____ _.10. 2'-0.. 2'-8. 6'-r.. N , P e ,- I I 4'-B" � Il I O i 26'-0.. i old=1m8 ��vc�aK_c_ -;oU m O H g8 —z m n 3 m� Fi_qure 4b e a ! PROPOSED B&B FORS ONAKA,KENT G/RACHELIE K TR, 5 a a v p �� 76-3847 Duarte Road N z �� ' `� j T.M.K.7-6-002-010 3. The total number of rentable guest rooms would not exceed five (5). There will be four (4) rentable rooms; 4. The maximum number of guests at any one time would be capped at ten (10). The total number of guests would be eight (8); 5. Only breakfast meals would be offered to the guests. That is the Applicant's intent; 6. There would be a minimum of six (6) parking stalls available for guests and the operator. While the stalls will not be paved, they will be in areas that have little erosion, mud, and standing water; and 7. Any and all signage will comply with the requirements of Chapter 3 relating to signs. While operating as a hosted STVR, the Applicant had frequent interactions with its guests. Guests expressed their enjoyment in spending time on the cattle grazing activities and hearing stories of how the subdivision and cattle grazing activities got started by the Applicant's great grandfather and now being operated by 4t" generation family members, as well as the history of Duarte Road and neighboring properties owned by the Duarte family. The STVR with its hopeful conversion into a B&B operation essentially functions as a form of Agricultural Tourism. B. Nature of Request Given the above, a Special Permit would be required for the proposed 4- room B&B. C. Project Timetable and Cost The Applicant hopes to begin implementing the project immediately upon issuance of the Special Permit. As most of the improvements are in, the Applicant anticipates having the B&B operational immediately upon approval of the Special Permit, subject to any permitting requirements. At this time, the Applicant does not see any construction cost requirement to operate the B&B. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The State Land Use designation of the subject property is Agricultural. As such, a Special Permit from the County Leeward Planning Commission is required to authorize the requested use. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates almost the entire site Important Agricultural Land. The Important Agricultural Land designation refers to land that have "better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." Because the proposed use will not result in the reduction of any currently cultivated land, the requested Special Use Permit would not be inconsistent with the General Plan LUPAG designation, and no amendments would be required. The requested uses should not detract from the parcel's on-going agricultural uses, as they are proposed for an area that is already established for non-cultivatable activities. With or without the requested uses, the amount of cultivating area should remain the same. However, because the proposed B&B would be operating within a pastoral area with some cattle, having its guests exposed to the site should help foster interest and growth in the cattle ranching and overall agricultural industry. In that sense, the requested uses would fulfill the General Plan's Agricultural Goals and Policies. Specifically: Goals • Preserve the agricultural character of the island • Preserve and enhance opportunities for the expansion of Hawai'i's agricultural industry. Policies • Implement new approaches to preserve important agricultural lands. • Coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. • Assist in the development of agriculture. 4 • Encourage, where appropriate, the establishment of visitor- related uses and facilities that directly promote the agricultural industry. • Encourage other compatible economic uses that complement existing agricultural and pastoral activities. The request would also not be contrary to the following goals, policies, and standards of the General Plan: Economic Element • Economic development and improvement shall be in balance with the physical and social environments • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors Land Use Element • Designate and allocate land use in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County • Protect and encourage the intensive utilization of the County's important agricultural lands • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment C. Kona Community Development Plan ("CDP") Relative to the Kona CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the 5 CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the Kona CDP was developed and adopted by the County Council during the latter part of the year 2008. The CDP identified its vision to be "A more sustainable Kona characterized by a deep respect for the culture and the environment...." In terms of guiding urban and rural developments, one of the adopted principles called for developments in rural areas (such as the subject area) are directed to existing rural towns and villages. The subject property is situated outside of the Kona Urban Area and outside of the road concurrency map. Notwithstanding being outside of the Kona Urban Area, the CDP identified several principles related to this "vision." These principles and their relationship to the proposed special permit follow. a. Protect Kona's natural resources and culture. The subject site does not have any critical natural resources, having been already developed as a farm with farm dwellings. The site is designated "X" on the Federal Emergency Management Agency's Flood Insurance Rate Map. This is areas outside of the 100-year storm. Appropriate on-site mitigation to accommodate project-generated drainage— if needed - will be addressed and implemented during the building permit and construction phases of this project. Furthermore, there are no known archaeological features or botanical resources on the subject site. b. Provide connectivity and transportation choices. The area of this proposed B&B is not identified as any future connector road or on the concurrency map of the Kona CDP. While the existing east/west (mauka/makai) easement running through the site could eventually provide further access to mauka properties, the Applicant has no control over that portion. c. Provide housing choices. This principle is marginally pertinent, as there is a possibility that with the more intensive agricultural use of the property, there may be a need for an additional farm dwelling. In that regard, it would provide a housing choice, albeit a small one. 6 d. Provide recreation opportunities. Again, this project is not a recreational one per se. Nevertheless, this site is not a critical resource for recreational opportunities, as it is not a coastal property nor identified in the CPD as an area necessary for future recreational purposes. e. Direct future growth patterns toward compact villages, preserving Kona's rural, diverse and historical character. The location of this site is proximate and somewhat within the southern portion of the town of Holualoa, an area identified as a Rural town. The proposed B&B should help foster this rural concept. As such, the proposed project would be consistent with this principle. f. Provide infrastructure and essential facilities consistent with growth. The basic infrastructure, like access and water, to support the B&B already exits. g. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Land Study Bureau has classified the soil as "C" or fair. The subject property is essentially pastoral in nature and used for cattle grazing. The B&B, with its pastoral environment, would enable guests to enjoy and learn more of the cattle ranching industry. In a way, too, it would make it more feasible for the Applicant to live on site and tend to the ranch more actively. g. Promote effective governance. This principle is not applicable. The CDP also discusses strategies for the "enhancement" of the agricultural industry in Kona. The requested use would be consistent with two of these strategies. One is the protection of agricultural lands, as no subdivision is being proposed and the existing agricultural activity on the site would be maintained. The other relates to agricultural tourism, which this request would be promoting. 7 Accordingly, the requested use would further the agricultural objectives of both the General Plan and Kona CDP. As such, no action or amendment to either document would be needed to effectuate this project. D. County Zoning The County zoning designation of the site is Agricultural (A-5a). The minimum lot size for this zoning district is five (5) acres. The subject property consists of nearly ten (10) acres and is thus considered a conforming lot of record. Within the A-5a zone, the existing uses such as the farm dwelling and cattle grazing are permitted uses. What is being requested will not require any significant improvements to the property but involve expanded uses of the dwelling. The Zoning Code allows a B&B to use with a Use Permit; however, being within the State Land Use Agricultural District, a Special Permit is required. Should the request be approved, subsequent "ministerial" or administrative type of permits such as Plan Approval, if needed, will be complied with. E. Special Management Area The subject site falls outside the Special Management Area. As such, no SMA permit is required. A discussion of the project's relationship to the Coastal Zone Management policies, however, is found in Chapter VIII of this report. F. Other Permitting Considerations As noted earlier, Plan Approval and other ministerial permits to comply with any conditions of the Special Permit may still be needed. V. INFRASTRUCTURAL CONSIDERATIONS A. Water The subject property is serviced with County water by a master meter located at the Old Mamalahoa Highway. This master meter also services the other properties within this area owned by the applicant's family. 9 However, the landowners have requested and secured approval of a dedicated meter for the subject property, subject to execution of an elevation agreement. This is currently being processed. B. Wastewater The dwelling is serviced by a septic system approved by the State Department of Health. As no additional bedrooms are being proposed, the existing septic system should be sufficient. C. Drainage According to the US Corps of Engineers Flood Insurance Rate Map (FIRM), the area of the requested use is situated within Zone X. Said designation refers to areas determined to be outside of the 500-year flood plain. Neither the landowners nor the Applicant has observed any significant runoff or erosion in the recent past. As noted earlier, no significant improvements, if at all, are being proposed for this B&B use. However, if any improvements are made, pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any land disturbance improvements will be implemented, if necessary, in conjunction with any permitting process. D. Access and Traffic Implications The subject parcel, consisting of 9+ acres, is located on the mauka side of the Old Mamalahoa Highway. It is situated adjacent, south, and mauka of the Holualoa Elementary School. There is an existing 9-foot wide paved road within a 50-foot wide access and utility easement. The County-maintained Highway in this area has a varying right-of- way width of 20 to 50 feet with an equally varying pavement width of 15 to 20 feet. The area fronting the project site's driveway has an improved pavement width of at least 18 feet. There is good visibility entering and exiting that driveway. To minimize conflicts with school and commuter traffic, the Applicant has proposed to have check ins and check outs after the AM/PM peak hours. 9 Furthermore, the number of guests is limited by virtue of the number of bedrooms (4). That should be no more than a standard family living in this area. As such, the project is not anticipated to generate any significantly adverse traffic impacts on the local roadway system. E. Other Utilities Electrical and telephone services are already available to the site. VI. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject parcel is located on the southwestern slope of Hualalai, approximately 3 miles from the ocean. The parcel is gently sloping, with an elevation of approximately 1,200 feet. The average annual rainfall ranges between 60 to 75 inches. The wetter months tend to occur between March through September. The mean annual temperature is about 72 degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, wind tends to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. For the most part, the entire parcel has been cleared and improved with coffee trees and related structures and improvements. B. Soils The Land Study Bureau's Detailed Land Classification System classifies the site "C" or "fair" (C-55). This suggests that the site has a fair productivity potential for agricultural crops. The soil is of the Honuaulu and pahoehoe series. This series consists of soil that is shallow, with moderately fine texture. The soil's parent material is volcanic ash and is well drained. Because it is rocky with frequent outcrops of pahoehoe, it is not suited for machine tillability. This type of soil is typical of the coffee belt. This area is not classified on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) map. 10 C. Floral and Faunal Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site has already been cleared and is almost fully improved as a cattle grazing area with associated structures. There are remnants or pockets of ohia trees, Christmas berry and similar type of shrubs scattered throughout the subject site. Due to the site's elevation, there is a potential that the Hawaiian Hawk (I'o) and Owl (Pu'eo) may frequent the general area. There are no signs that the parcel itself serves as a habitat for those birds though. Given the rural setting of the area, introduced animals like mongoose, dogs, feral pigs, cats, have been observed on the site. Notwithstanding the absence of a commissioned flora and fauna study, it would appear that this B&B use would not have any significant negative impact, if at all, on the floral and fauna resources in the area. This is due to the rural/agricultural character of this area, as well as the on-going agricultural use of the property. D. Archaeological Resources For the same reasons noted above plus the fact that no land disturbance activity is being contemplated by the requested uses, no commissioned archaeological inventory survey and cultural assessment study was conducted. The past and current cattle grazing use of the site and improvements around the dwelling, resulting in its extensive clearing, reduce the prospect of finding any archaeological remains. Nonetheless, during the course of further development of the subject parcel, should any unanticipated archaeological features or sites be uncovered, work in the affected area will immediately cease and the applicant will notify the Planning Department. E. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O KaWna"decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, 11 there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project on these resources and practices. In this situation, the subject parcel is not adjacent and/or proximate to the shoreline. As such, fishing and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was ever used for the gathering of plants by native Hawaiians. The site has been used agriculturally for cattle grazing for more than 50 years. Almost all of the existing vegetation on the parcel now consists of introduced plant species. As such, it would appear very unlikely that the site would serve such a purpose today and/or in the recent past. The cultural impacts, if any, thus appear to be non-existent. Notwithstanding the above, however, in the event documented claims of gathering are made of this parcel, the applicant will honor them. F. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) designates the area Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the City of Hilo is classified Zone 3. Short of complying with Civil Defense measures, there are little structural improvements that can be done to mitigate this threat and reflects an ongoing threat to all residents and businesses in this area. The Building Code identifies the entire island of Hawaii in Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazards. In this situation, the Applicant has no plans to make any improvements to the site. G. Other There should be little, if all, increase to the ambient noise levels. The activities would be domestic related. Normal farm machinery or equipment noise would be louder. Besides, as either the Applicant or a manager will be living on the property, guest noise will be controlled. 12 The air quality in this area is mostly affected by emissions from natural, agricultural, and/or vehicular sources. Vehicular traffic to and from the site should not significantly increase over the current levels. The use itself is non-noxious, and no tour buses are not anticipated to frequent the subject site. The site of the structures where the requested use is to occur is situated mauka of the Mamalahoa Highway. Given the existing vegetation and topography, the dwellings are not readily visible from the Highway. As such, the existing structures should create no, if any, visual impacts. Thus, the requested project should have little or no significant short or long term noise, air quality, or visual impacts. VII. PLANNING AND LAND USE CONSIDERATIONS A. Surrounding Land Uses The subject parcel is located proximate to the rural/agricultural community of Holualoa. The Holualoa commercial area is situated less than a mile to the north. The Holualoa Elementary School is situated makai and to its north. There are scattered residences in the general area. Many of the lots in this general area average less than 5-acres, consistent with the A-1a and A-5a zoning. There are, nonetheless, a number of smaller lots (some less than 1 acre) fronting the Old Mamalahoa Highway. B. Agricultural Impacts The requested use is intended to complement and enhance the existing cattle grazing activity. As such, the B&B —as a form of agricultural tourism - should enhance rather than detract from the strength of the cattle/ranching industry. As the proposed activities will occur within an area already not used for cultivation, they will not take away productive or potentially productive agricultural land. C. Economic Impacts 13 It is anticipated that the Applicant and/or on-premises manager would provide much of the essential services for the proposed B&B. However, as with the current STVR, there has been a need to have one or two part-time workers to assist. This is expected to continue. Vlll. Relationship to SMA Objectives and CZMP In reviewing this project against the Special Management Area (SMA) objectives, policies, and guidelines of County Planning Commission Rule No. 9 as well as the Coastal Zone Management Program (CZMP) outlined in Chapter 205A-2, HRS, the following findings are noted: A. Recreational Resources The subject site is situated more than 3 miles from the shoreline. Additionally, this site does not serve as a mauka-makai access to the coastline. As such, the requested uses should not have any adverse impacts on the recreational resources of the area. B. Historical Resources The site is fully improved and/or used in some form of agriculture. Thus, the likelihood of finding any more archaeological features of significant on the site or parcel appears quite remote. Further, should there be any inadvertent discovery of any archaeological features in conjunction with the use and/or development of any aspect of this parcel, work will stop and appropriate clearances from the State DLNR and County Planning Department will occur before said activity is resumed within the affected area(s). C. Scenic and Open Space Resources The subject parcel is located mauka of the Old Mamalahoa Highway. The dwelling and any additional improvements are not visible with the naked eye from either the shoreline or the Highway. Accordingly, the visual impact of this project on the coastal area should be non- existent. Although the site is located on the slopes of Hualalai, the existing vegetation and location and size of the structure effectively mute any visual impacts from the Old Mamalahoa Highway looking mauka 14 towards Hualalai. Accordingly, the requested uses should not diminish the open space and scenic resources in this area. D. Coastal Ecosystem As no improvements are contemplated, the existing structures and associated improvements should not result in any increase in the volume of rainwater on the site. Currently, rainwater is naturally drained on site and given the ground and soil condition, rapidly dissipates into the ground. The Applicant believes that existing septic system should be adequate for the proposed B&B use, as the projected number of users of the site should not significantly increase over what was originally intended by the restrooms within the dwelling. Given the above plus the fact that the site is more than three 13) miles from the shoreline, the proposed B&B use should not generate any adverse impacts to the area's coastal ecosystem. E. Economic Uses There were signs that Hawaii's economy was turning around, until the recent COVID pandemic leading to some concerns over continued economic growth. However, now that the issue has abated, there has been a slight uptick in the visitor industry. As such, it is important to continue with projects such as this that indirectly enhance and emphasize the island's agricultural industry. Establishments have to be creative to be able to attract visitors looking for unique experiences. This project, working within the framework of existing regulations, may thus help stabilize and/or provide some impetus to the island's economy. Although this project may generate less than 2 part-time jobs, its tangible importance comes in the form of possibly helping to strengthen the existing cattle ranching operation and its attendant educational value. F. Coastal Hazards The subject area is designated Zone "X" (areas of minimal hazard) on the Flood Insurance Rate Map. As such, there would be minimal hazards resulting from floodwater that cannot be properly addressed 15 during the normal review and approval of any additional improvements to the site by the County. Further, the site is more than three (3) miles from the shoreline and is not within the County's Civil Defense Tsunami Evacuation Zone. G. Managing Development While this function is more applicable to the "authority" or approving agencies, the request is intended to operate within the confines of the existing Zoning Code and Special Permit. The subject site is zoned A- 20a, and the requested uses and design/development parameters (parking, height, setback, etc.) are already consistent with said zoning. In that regard, this project would be consistent with the policy of "us(ing), implement(ing), and enforc(ing) existing law effectively to the maximum extent possible in managing present and future coastal zone management." H. Public Participation There is a statewide public advisory body called Marine and Coastal Zone Management Advisory Group (MACZMAG) that has the task, among other matters, of advising the lead agency (Office of State Plan) on coastal management issues. This includes a direct or indirect review of certain requests that may have statewide coastal zone management implications. Public participation in the review of the permitting process is also achieved through the posting of a sign on the property notifying the public of the filing of this application. Additionally, notices to surrounding property owners of the submittal of a Special Use Permit application and another separate notice informing said owners of the date of the Leeward Planning Commission's required public hearing as well as the rights to request for participation via a contested case hearing are mailed. I. Beach Protection and Marine Resources The subject property is not a coastal property. As such, it will have no impacts to these policy concerns. Based on the foregoing, it is concluded that the proposed improvements would be consistent with the objectives, policies and guidelines of the CZMP, as outlined in Chapter 205A-23, HRS, and Planning Commission Rule No. 9 relating to Special Management Area. Specifically: 16 • The proposed project will not have any substantial adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and is clearly outweighed by public health, safety and welfare, and other compelling public interest. Further, it will not generate any adverse effects by themselves or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. Appropriate mitigative measures will be taken to address any potential adverse impacts of this project; • The proposed use - as discussed earlier - are consistent with the objectives and policies of the coastal zone management program and guidelines of the SMA Rules and Regulations; and • The proposed use is consistent with the County General Plan, Kona Community Development Plan, and the County Zoning Code. Although a Special Use Permit is required to effectuate this project, no amendment to any of those plans is needed. IX. JUSTIFICATIONS FOR REQUEST In determining whether the requested use is an "unusual and reasonable use" and thus should be permitted within the Agricultural District, certain guidelines are used. These guidelines and their relationship to the requested use follow. A. Relationship to Land Use Law and Objectives The subject request will not be contrary to the Land Use Law, which purpose is to preserve, protect and encourage the development of lands in the State for their best uses in the interest of the public welfare. In this situation, the subject site's soil resource is not Class A or B. It is class C or fair. Thus, there would not be a reduction of that premium soil type resulting from the proposed use. Additionally, as the requested use will occur in an area already established for non-cultivated uses, it will not result in the reduction and/or displacement of any on-going or future agricultural activities on the parcel. Because of the nature of the existing cattle grazing use on 17 the subject property, additional interest in the agricultural industry should be generated by occupants of the B&B. B. Relationship to General Plan and Other Planning Requirements The requested use would not be inconsistent with the General Plan. The General Plan LUPAG map designates this area Important Agriculture. Because the proposed use will not result in the reduction of any currently cultivated land, the requested Special Use Permit would not be inconsistent with the General Plan LUPAG designation, and no amendments would be required. The requested use should not detract from the parcel's on-going cattle grazing uses, as it will occur in an area already developed and not cultivated. With or without the requested B&B use, the amount of cultivating area should remain the same. However, the requested B&B use could add to the "flavor" and interest of a working cattle ranch. In that way, it should help foster the interest and growth in the cattle and related agricultural industry. In that regard, the requested uses would fulfill the General Plan's agricultural objective. The request would also not be contrary to the goals, policies, and standards of the General Plan and Kona Community Development Plan as outlined in depth in Chapter IV-B. In addition to the above, all applicable requirements of the Zoning Code and/or other permits can be complied with. Relative to the proposed 4-room B&B, it is already allowed in the County Agricultural zone, subject to it meeting with the criteria outlined in the Code. This project will adhere to all of those criteria, such as capping the number of rooms at four (4) and with no more than ten (10) guests; having the owner and/or operator living on premises, and the like. Notwithstanding the need for a Special Permit because of the State regulations, the proposed B&B is considered a permitted use in the County Agricultural zone. The site is not within the Special Management Area (SMA). As such, an SMA Permit would not be required. 19 It should also be noted that the Tourism Strategic Plan prepared by the Hawaii Tourism Authority in 1999 recommended that the State look into tourism market niche opportunities. Two of these— although somewhat overlapping — are Agri-Tourism and Edu-Tourism. Agri- Tourism is travel for education with an agricultural bent. Edu-Tourism is along that line with an emphasis on education and training in Hawaii's unique natural and multi-cultural environment. The Applicant's overall program reflects such an effort. This is an especially important marketing component to Asian countries, particularly Japan, where there is a strong agrarian base. C. Impacts to Surrounding Properties The immediately surrounding properties are zoned Agriculture (A-5a), while properties on the makai side are zoned A-1a. Most of the lots adjacent to the area of the proposed uses consists of 5+ acres and thus are consistent with its A-5a zoning. There are a number of smaller lots (1± acre) makai of the subject property and also fronting the Old Mamalahoa Highway. As such, the homes in this area are scattered and not physically proximate to the area of the proposed uses. There is also extensive landscaping and/or agricultural improvements bordering and within the subject parcel. The proposed use is expected to occur within an area of less than 5,000 square feet of the 9+ acre property. There will also be an on- site manager or the Applicant who will also live within the same dwelling. As such, nuisance issues such as noise can be easily controlled or addressed. Relative to the B&B, the impacts would be generally no different than a typical residence in terms of noise, traffic, and related infrastructure. Further, although there may be some traffic impacts resulting from the basic project itself, normal check in and departure would occur during non-peak hours. There would also be sufficient on-site parking, eliminating the need for any off-site or roadside parking. As such, the requested use should not generate any significant traffic impacts. Thus, the traffic, visual, and noise impacts —with the mitigation noted herein - resulting from the request to surrounding properties should not be significant. D. Infrastructural and Government Services Impacts 19 The proposed use would not unreasonably burden public agencies to provide roads and streets, sewer, water service improvements. Potable water already services the site from the County's system through a common meter. The landowners are in the process of securing a separate meter for this property. Accordingly, potable water should be sufficient. There is also an approved septic system for the dwelling. Access to the parcel is via the Old Mamalahoa Highway, which is a County-owned and maintained road. This road has a varying pavement width of 15-20 feet in this area. Along Duarte Road, the makai area begins with a pavement width of at least 16-18 feet within a 50-foot wide easement. About a third of the way mauka to the subject property, the paved portion of Duarte Road narrows to about 9 feet with at least 4-6 feet of grassed shoulders on both sides. The condition of the road is sufficient to allow for emergency vehicles to access the site of the B&B. Fire stations are located in Keauhou and Kailua, all within 5 miles from the subject parcel. Police service is available from either Kealakekua or Honokohau. These public agencies already service this area, as there are homes in this area. As such, the project should not result in an extension of or place an unreasonable burden on these services. C. Suitability of the Site The existing cattle grazing use of the subject parcel and adjoining family properties will continue unaffected by the proposed B&B use. It will occur in already improved areas. As such, its use will not result in the removal of any productive agricultural land. According to the Applicant and family members, there has been no flooding or other natural disturbance in the area of the requested use. As such, there are no environmental restrictions over the use of this site for the requested use. F. Altering Character of Land The goal of the landowners and Applicant is to retain the general character and ambiance of this area. In that regard, the Applicant and landowners intend to continue using the property and their adjoining lands for cattle grazing. The entire property has thus been already disturbed and no longer pristine. Further, all the improvements 20 associated with the requested B&B use already exist, and thus, approval of this request should not result in the alteration of the existing character of the area. G. Unusual Conditions or Trends In this era of eco-tourism and edu-tourism, the existing STVR and now the Applicant's B&B proposal fits this marketing niche. It is an attraction that will serve both locals and visitors who want to learn and experience more of Hawaii's agricultural industry within an operating cattle ranch and the surrounding coffee farms. In so doing, it provides interest and more support for the island's agricultural products. The increased demand for the product translates to greater economic return for an important agricultural activity. It also encourages its expansion. In so doing, land can be put into more productive agricultural use rather than lying fallow. This would be analogous to the wine industry. An excellent marketing program that touched upon one's health, culinary, and social taste, has fueled the growth of this industry. Similarly, a good marketing program helps to strengthen Hawaii, and particularly Kona, as being a rural/farming community that offers cattle ranching and boutique coffee producing opportunities. Relative to the B&B, in this era of eco-tourism, this type of facility is needed. It is geared for the traveler who likes to explore independently and developing its own itinerary, usually of the typical non-resort type. It provides an alternative form of accommodations being sought by many visitors but, unlike unauthorized short term vacation rentals, with a resident manager or owner living on the site to immediately address noise and related nuisance concerns. As such, it should not be regarded as a "threat" to existing resorts, but instead more complementary. If this type of facility is not developed or provided on the island, the vacation seeker may look elsewhere— not at a standard hotel — but at a similar type of B&B or vacation rental here on this island or other parts of the State or world. It should also be noted that many operators of B&B provide informational guides to their guests. These include information on dining and shopping, many of which are located in resort areas. In that way, existing major resorts — largely through their restaurants and 21 recreational amenities— indirectly enjoy the economic benefits of the guests of the B&B. 22 —VY 109 UM STJT€€;► RF nT!ON RE EDDY. ey 75.5706 I Jauarna Krilun•liona, 1-lawaii 9040 AFTER RECORDATION,RETURN TO: 14 M14 A 8 01 i first American Title Coan�.:t3y 18143 � ��i �40 ;, Katktta Trade C:eracr, Suit,- 108 75-5700 I1an:nn;' Nice L' Kaikua-Kates, Hawaii 96740 ��t. t::� +•. RETURN BY:MAIL( I PICKUP(✓I SPACE ABOVE THIS LINE FOR REGISTRAR'S USE GRANT OF EASEMENT AND COVENANTS TO MAINTAIN EASEMENT KNOW ALL MEN! BY THESE PRESENTS: 1':s That THOMAS DUARTE and MYSIE N. DUARTE, husband and +Y, wife, whose residence address is Holualoa, Hawaii, and whopp post office address is Box 213, Holualoa, Hawaii 96725, THOMAS DUARTE, `y JR. and ROSE MARY K. DUARTE, husband and wife, whose residence =Y address is Holualoa, Hawaii, and whose post office address is P. 0. Box 411, Holualoa, Hawaii 96725, and ALBERT K. DUARTE and SANDRA S. DUARTE, husband and wife, whose residence address is ; Holualoa, Hawaii, and whose post office address is P. 0. Box 333, Holualoa, Hawaii 96725, hereinafter called the "Grantors", for and in consideration of the sum of TEN AND N0/100 DOLLARS # t' ($10. 00) and other valuable consideration to them in hand paid by ROSALIE L. J. PACHECO, wife of Norman Pacheco, whose residence c address is Holualoa, Hawaii, and whose post office address is RR #1, Box 173, Holualoa, Hawaii 96725, THOMAS DUARTE and MYSIE N. DUARTE,` husband and wife, whose residence address is Holualoa, Hawaii, and whose post office address is Box 213, Holualoa, Hawaii 96725, THOMAS DUARTE, JR. and ROSE MARY K. DUARTE, husband and wife, whose residence address is Holualoa, Hawaii, and whose post office address is P. O® Box 411, Holualoa, Hawaii 96725, ALBERT K. DUARTE and SANDRA S. DUARTE, husband 18143 641 and wife, whhose residence address is Holualoa, Hawaii., and whose post office address is P. O. Box 133, Holualoa, Hawaii 95725, and CHARLES T. DUARTE, unmarried, whose residence address is Holualoa, Hawaii, and whose post office address is P. O. Box 514, i Holualoa 967250 hereinafter called the "Grantees" , have sold and do hereby bargain, sell., assign, grant, and convey unto the said Grantees a roadway and utilities easement over and across the real property described in Exhibit A attached hereto and appur- tenant to the properties owned by Grantees as described in Exhibit B attached hereto under the terms and conditions more particularly set out herein, as follows: t 1. The roadway easement shall be nonexclusive, not more than fifty (50) feet in width and located on the land de 'tcribed in Exhibit A attached hereto. To the extent that the easement includes abandoned roadways originally delineated in the mauka section of the Holualoa Hui Partition lots, Forth Kona, Hawaii, the Grantors will not warrant Grantors' title or right to convey. 2. The Grantors reserve the right to convey to others similar easements for roadways and utilities and to receive as the Grantors' sole property compensation for these easements. Grantees recognize that for this reason and perhaps other reasons there may be a substantial Increase in usage and traffic over the easement area and the Grantees acknowledge that they will have no claims against the Grantors on account of increase in usage or traffic. In the event that any Grantee subdivides Grantee' s property, each of the resulting lots shall have an easement for access and utilities as provided in this Grant of Easement if the owners of the resulting lots agree to the terms of this document. Any purchaser of a subdivided lot shall be considered a new 2_ 18143 642 "owner" and shall be responsible for a full share of the cost of repair and maintenance. 3. In consideration of the granting of this easement the Grantees agree they w.;ll, at the request of the Grantors, convey by quitclaim deed to the Grantors all of the Grantees' right, title and interest in and to the portions of the "Hui" roadways within the easement area and indicated on maps of the mauka section of the the Holualoa Partition Lots, which may be c appurtenant to any lands described in Exhibit B owned by the Grantees. 4. The Grantors reserve the right from time to time to relocate the easement described in Exhibit A, provided that such relocation will not unreasonably interrupt access to the property owned by the Grantees to which the roadway easement is appurtenant. 5. This roadway easement shall be appurtenant to f property owned by the Grantees described in Exhibit B. The roadway easement shall be used only for ingress, egress and utilities services to said real property described in Exhibit B,- provided, ,provided, however, that the Grantors reserve the right to grant other additional easements over the property described in Exhibit A to serve properties not described in Exhibit B, which i i properties may be owned by persons other than the Grantees. i The Grantors agree that an the event of a conveyance by the , Grantors of any parcel of land over which this easement exists to a person other than a named Grantor, the Grantors will reserve the right to grant additional easements over the land described l in Exhibit A. Any of such conveyances which are made subject to ' this easement shall be deemed to be subject to the reservation by i 18143 643 the Grantors named herein of the Grantorsright to grant such additional easements. 6. The Grantees and their successors and assigns shall pay a prorata share of the reasonable cost of repair and maintenance of the whole roadway easement, ext;4pting Part 8 and the Hui Road adjoining the westerly boundary of Part 8. The Grantees' prorata share shall be determined by dividing the total repair and mai;>;:enance cost by the number of landowners who retain or have been granted the right to use all or any portion of the roadway easement. Where two (2) or more persons own a lot or lots as tenants in common, tenants by the entirety or joint tenants, they shall be considered to be one (l) landowner for purposes of computing the amount of contribution. The number of landowners may change from time to time, and the maintenance share shall be adjusted as of the date of recordation in the Bureau of Conveyances of the State of Hawaii of the document or documents changing the number of landowners. It shall not be a defense to payment to allege that another roadway user with or without permission has not in fact paid that person' s share of the cost of repair and maintenance. The cost of maintenance for purposes of this paragraph shall not include the cost of new improvements or upgrading the quality of the roadway, but it will include maintenance of improvements made. 7. The Grantors shall have the right to maintain gates on or across the roadway easement, and all persons using the roadway easement with permission of the Grantees for the purpose of gaining access to the property of the Grantees, shall have access through the gates. The Grantees shall be required to close any gates opened by them in any access to the Grantees' 18143 644 property. .e Grantees shall not have the right to install any gates, fences or barricades on or across the said easement area. 8. The Grantees shall exercise the rights granted herein in such a manner as will not unreasonably interfere with the use of the land described in Exhibit A. The Grantees acknowledge that the roadway easement of the Grantors traverses land used for •the pasturage of cattle, and as such, Grantees will have to use caution not to injure any animals on the premises. The Grantees accept the fact that travel over the roadway ease- ment may be inconvenienced to the extent that there are cattle grazing in the paddocks. 9. The Grantees will indemnify and hold harmless the Grantors against any claims that the Grantees or others might make on account of the use of the roadway easement by the Grantees, the agents of the Grantees or people using the roadway easement with permission of the Grantees. 10. The Grantees and the Grantors reserve the right to, in addition to ordinary maintenance of the roadway easement, make major improvements to the roadway easement or portions of the roadway easement to enable the roadway easement to meet County standards for dedication. Grantees agree that they will for no consideration join in a dedication deed to the County of Hawaii if the roadway is improved to County dedicable standards. 11. It is mutually agreed that the terms "Grantors" and "Grantees" , as and when used hereinabove or hereinbelow shall h f: mean and include the masculine or feminine, the singular or Y plural number, individuals, associations, trustees, or corpora- s s tions, and their and each of their respective successors in interest, heirs, executors, personal representatives, administra- tors and permitted assigns, according to the context thereof, and ,r . 8143 645 that if these presents shall be signed by two or more grantors, all covenants of such parties shall be and for all purposes deemed to be their joint and several covenants. TO HAVE AND TO HOLD the same unto the said Grantees, as 1'c*-• r% 4-S ir, their heirs, personal representatives and assigns, in fee simple forever. IN WITNESS WHEREOF, the said Grantors and Grantees have executed this instrument on the day of 1984. THOMAS DUARTE - MYSIF N. DUARTE :,"I W;S�) V r THOMAS DUARTE, JR. . �� ROE MAS DUARTE �..,..,.._..._...� 4WWMnbftM ad y ALBERT K. DUARTE s I 4f. 644"A SANDRA S. DUARTE GRANTORS/GRANTEES ff&SaLL •q-:;h 07 ROSALIE L. J. PPa ECO CHARLES T. DAR E GRANTEES 18143 646 STAT' OF HAWAII ) SS. COUNTY OF HAWAII } on this day of , 1984, before me personally appeare THOMAS DUART , to me nown to be the person described in and who executed the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed. otary Public, State o My commission expires: STATB OF HAWAII } SS. COUNTY OF HAWAII } �: on this day of , 1984, before ane personally appeared MYSIE N. DUART , to arta nown to be the person described in and who executed the foregoing i.nstrumer.t, and acknowledged to me that she executed the same as her free act and deed. y Nota y Pu c, State of Hawaii My commission expires: 30 } f , STATE OF HAWAII SS. COUNTY OF HAWAII ) z' On this day of �o , 1984, before me personally appeareHOMAS DUARTE, . , to me known to be the ,r person described in and who executed the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed. t NotaryPublic, state of RawaI7 My commission expires: � o Mk a 18143 647 STATE OF HAWAII } SS. COUNTY OF HAWAII p �= On this da of personally $ Y , 1984, before me ppear�®SE MARY K.®UA E, to me nown to be the person described in and who executed the foregoing instrument, and acknowledged to me that she executed the same as her free act and deed. p a Notdry Pu ic, State a Hawaii My commission expires:/ 01 rr— e STATE OF HAWAII ) ..i k } SS. COUNTY OF HAWAII ) � On this day of , 1984, before me personally appeared ALBERT K. DUAR to m—enown r to be the _ person described in and who executed the foregoing instrument, and acknowledged to me that he executed the same as his free act ~;�~ and deed. C.a Notary Public, State of Hawaii MY commission expires:/ STATE OF HAWAII } s` SS. COUNTY OF HAWAII ) 4 On this day of , 1984, before me personally appeare` SANDRA S. DU E, to me known to be the person described in and who executed the foregoing instrument, and acknowledged to me that she executed the same as her free act and deed. A In r� ota Pu ic, State: of Hawaii My commission expires:' 8. f` 18'43 648 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of 1984, before me personally appear�e `HO,ALIS L,. J. A HECQ, to me known to be the person described in and who executed the foregoing instru- ment, and acknowledged to me that she executed the same as her free act and deed. NotaryPuIc, State oiawai� My commission expires: j STATE OF HAWAII ) S S. COUNTY OF HAWAII ) �;. On this day of before me personally a � . 1984, P y ppeared CHARLE., TI�OMA QUARTE, to me known to be the Person described in and Who executed the foregoing instrument, and acknowledged to me that he e-ecuted the same as his free act and deed. Not y u ic, State of HawFIT MY commission expires: 813 649 ACCESS EASEMENT (50-Ft. Wide) Land situated on the Easterly side of Mamalahoa Highway at Holualoa 1 and 2, North Kona, Island and County of Hawaii, State of Hawaii. Being a portion of: Holualoa Hui Partition Lots (Mauka Section) . Beginning at the Southwesterly corner of this Easement, at a point on the Easterly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MAHIPALI" being 3,321.04 feet South and 662.95 feet West and running by azimuths measured clockwise from True South: 1. 1780 30' 30" 46.05 feet along Mamalahoa Highway to a point; 2. 1770 35' 31 .00 feet along Mamalahoa Highway to a point; Thence, for the next twenty-six (26) courses following along the remainder of Holualoa Hui Partition Lots (Mauka Section) : 3. 2590 07 ' 20" 371.08 feet along Parcel 36 of TMK: 7-6-05 to a point; 4 . 2550 53 ' 40" 318.00 feet along the remainders of existing 12-f1 wide Road Reserve and Parcel 17 of TMK: 7--6-05 to a point; 5. 2700 00' 719.47 feet along the remainders of Parcels 17, 21 and 35 of TMK: 7-6-05 and existing 12--ft. wide Road Reserve to a point; 6. 2510 32' 40" 428.96 feet along the remainders of. Parcel 35 of TMK: 7--6-05; Lots 62 and 63, and existing 12-ft. wide Road Reserve to a point; 7. 2570 40' 40" 427.06 feet along the remainders of Lots 63, 77 as 78, and existing 12-ft. wide Road Reserve to a point; 8. 2630 55' 20" 961.59 feet along the remainders of Lots 77, 83 and 84 and existing 12-ft. wide Road Reseri to a point; Thence, following along the remainder of Lot 84 on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 9. 221° 57' 90" 40.12 feet to a point; Page 1 of 3 ES T AS & ASSOCIATES, INC. SURVEYORS ® ENGINFEnS EXHIBIT 3W9 UALENA STREET. SUITE 406 ® HONOLULU HAWAII N619 18143 650 10. 1800 00` 107.60 feet along the remainder of Lot 84 to a print; 11. 2709 00' 50.00 feet along the remainders of Lot 84 and existing 12-ft. wide Road Reserve to a point, 12. 00 00, 639.00 feet along Lots 89, 90 and 91 and remainders of existing 12-ft. wide Road Reserve to a Point; 13. 900 00' 50.00 feet along the remainder of existing 12-ft . wide Road Reserve and along Lot 82 to a point; 14 . 1800 00' 420.79 feet along the remainders of existing 12-ft. wide Road Reserve and Lot 84 to a point; Thence, following along the remainder of Lot 84 on a curve to the left with a radius of 30.00 feet, the chord aziml-th and distance being: 15. 1310 57' 40" 44 .62 feet to a point; 16. 830 55" 20" 947.15 feet along the remainders of Lots 84, 83 and existing 12-ft. wide Road Reserve to a point; 17. 770 40' 400' 346.38 Leet along the remainder of Lot 78 to a point; Thence, foXiowing along the remainder of Lot 78 on a curve to the left with a radios of 30.00 feet, the chord azimuth and distance being: 18. 380 50' 20" 37.63 feet to a point; 19. 00 00' 873 . 53 feet along the remainders of Lots 78, 79--A and 80-A and the existing 12-ft. wide Road Reserve to a point; 20. 740 55' 301' 39.35 feet along Lot W to a point; 21. 900 00 ' 12.00 feet along the remainder of. existing 12-ft. wide Road Reserve to a point; 22. 1800 00' 855.36 Peet along TMK: 7-6-05 parcels 3 and 14 and Loi 62 and along the remainder of existing 12-ft. wide Road Reserve to a paint; Thence, following along the remainder of Lot 62 on a curve to the left with a raidus of 30.00 feet, the chord azimuth and distance being: 23. 1250 46 ' 20" 48.68 feet to a point; 24 . 710 32 ' 40" 392.70 feet along the remainders of Lot 62 and existing 12-ft. wide Road Reserve to a point; 25. . 90° 00' 724.00 feet along Lots 54-A and 41-A and the remainders of exsting 12-ft. wide Road Reserve to a point; iia e 2 of 3 ES THOMAS & ASSOCIATES, INC. SURKtiosls ® ENGOWS6 EXHIBIT A MENA STAVE T. SUITE 406 a "N OLULU,t#AWA41 M19 t 3 651 26. 75® 53' 40" 321.91 feet along the reaminders of Parcels 17 and 43 of TMK : 7-6-05 and existing 12-ft. wide Road Reserve to a point; 27. 790 07' 20" 343.59 feet along the remainders of Parcels 43 and 12 of TMK: 7-6-05 to a point; Thence, following along the remainder of Parcel 12 of TMK : 7-6--05 on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 28. 380 48' 55" 38. 81 feet to the point of beginning and containing an area of 5. 516 Acres. T. YA WES THOMAS & ASSOCIATES, INC. A. X 1101E351pNA1 , )F. LL LL • LAIC SUVEVOR t'6o'AW Chrystal Thomas Yamasaki. �wa� S• Registered Professional band Surveyor State of Hawaii Certificate No. LS4331 75-5722 Kalawa Street Kailua-Kona, Hawaii 96740 May 29, 1984 TMK: 7--6-05; 7-6-02 (3rd Division) Page 3 of 3 WES THOMAS & ASSOCIATES* INC. %MvEvans . EWAINCERS. 0, CNA SY ET.SUITE 406 ► NCXULU HAWA14 INIS EXHIBIT E 18143 652 Those certain parcels of land described on the tax maps of the Third Taxation Division of the State of Hawaii, as follows: Tax Map Key 7-6-5:12 Tax Map Key 7-6-5:43 Tax Map Key 7-6-5:17 Tax Map Key 7-6-5:20 Tax Map Key 7-6-5:35 Tax Map Key 7-6-5:47 Tax Map Key 7-6-5:22 Tax Map Key 7-6-5:48 Tax Map Key 7-6-5:23 Tax Map Key 7-6-5:1 (por. ) , being Lot 80A, containing 2.474 acres in area, more or less. Tax Map Key 7-6-5:28 Tax Map Key 7-6-5:2 Tax Map Key 7-6-2:13 Tax Map Key 7-6-2:10 Tax Map Key 7-6-2:11 Tax Map Key 7-6-2:7 Tax Map Key 7-6-2:8 Tax Map Key 7-6-2:9 (limited to Duarte's interest) Tax Map Key 7-6-2:3 END OF EXHIBIT B CARVALHO,BEVERLY A TRST DASHER,BARBARA/JOHN FAM TR DUARTE,ALLAN 74-5086 HO'OLOA ST PO BOX 343 PO BOX 535 KAILUA KONA HI 96740 HOLUALOA HI 96725 0343 HOLUALOA HI 96725 DUARTE,GARY K/LORI K TR DUARTE,JAMES L DUARTE,LESLIE R TRUST PO BOX 99 PO BOX 213 PO BOX 36 HOLUALOA HI 96725 0099 HOLUALOA HI 96725 0213 HOLUALOA HI 96725 DUARTE,THOMAS III DUARTE,WILLIAM JR TR HOLMAN,HAILEY KAMALEI PO BOX 130 DUARTE,WILLIAM JR ETAL PO BOX 133 HOLUALOA HI 96725 PO BOX 41 HOLUALOA HI 96725 0133 HOLUALOA HI 96725 J & D ESTATES JEWELL,RALPH/J EAN FAMILY TR KIMBALL,MARK CONDO MASTER PO BOX 112 PO BOX 561 HOLUALOA HI 96725 0000 HOLUALOA HI 96725 MC NICOLL,AMELIA B DECD MC NICOLL,AMELIA B DECD ONAKA,KENT G/RACHELLE K TR C/O AU,CALENNA-LANI C/O MC NICOLL,MARTYN PO BOX 24 39 HOKUPAA ST 167 KOHOLA ST HOLUALOA HI 96725 0024 HILO HI 96720 5515 HILO HI 96720 4321 ONAKA,KENT G PITTS,JAMES L TRUE OHANA COFFEE LLC PO BOX 24 PO BOX 800 73-5577 OLOWALU ST HOLUALOA HI 96725 0024 HOLUALOA HI 96725 0800 KAILUA KONA HI 96740 JOSH GREEN, M.D. o H KENNETH S. FINK, M.D,MGA, MPH E....._.....q. GOVERNOR OF HAWAII cPi.. 9sv \y. DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y KA LUNA HO'OKELE qQ...,, `�m.o:eti��rao� STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: March 28, 2024 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2024-000067) Applicant: Hailey Onaka-Holman Request: To Allow a 4-Bedroom Bed and Breakfast Establishment Tax Map Key: (3) 7-6-002:010, N. Kona, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health"Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii._gov/epo/tanduse/. 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 Dept. Exhibit 2 Zendo Kern March 28, 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: hgps://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: hLtps://health.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 11 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: hllps://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 hl!ps:Hhealth.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental Zendo Kern March 28, 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: https:Hhealth.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: https:Hhealth.hawaii.goy/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at doh.wwbgdoh.hawaii.gov. Sanitation/Local DOH Comments: 1. "Bed and Breakfast establishment" means a single-family dwelling, including a single guest house, in which overnight accommodations and only breakfast meals are provided, and the number of guests does not exceed six(6). 2. "Potentially hazardous food" means any food that consists, in whole or in part, of milk or milk products, eggs, meat,poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods that have a pH level of four and six-tenths or below or a water activity (aw)value of eighty-five hundredths or less. Zendo Kern March 28, 2024 Page 4 of 4 3. When required by the County Planning Department, Bed and Breakfast establishments may request documentation from the Department of Health. The Department of Health will provide documentation to the Planning Department once written communication from the Bed and Breakfast operators are received regarding their food service operations. 4. If the proposed Bed and Breakfast meal consists of commercial cereal,pastries (except custards or cream filled), breads, fruits, coffee, tea, and juice, a food establishment permit will not be required from the Department of Health at this time. This limited menu must be documented in a letter to the Department of Health. The guests shall be informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Department of Health. 5. For Bed and Breakfast operations that provide meals which include potentially hazardous foods, a food establishment permit will be required to operate. County landuse approval for operating a food establishment may also be required. A kitchen used to prepare foods for individual family consumption will not be allowed to be permitted. A separate commercial kitchen will need to be constructed. 6. If you have any questions regarding this guideline,please contact the Sanitation Program at 933-0917. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: April 10, 2024 IffewaW0449 fL TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division ' SUBJECT: Special Permit Application (PL-SPP-2024-000067) Applicant: Hailey Onaka-Holman Request: To Allow a 4-Bedroom Bed and Breakfast Establishment TM K: 7-6-002:010 We have reviewed the subject request and provide the following comments: 1. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. We have no other comments since the request is to use an existing dwelling that takes access from a privately owned road and there are no open violations associated with this property. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept.Q Exhibity County of Hawaii is an Equal Opportunity Provider and Employer ��ZY OF•�� U ` BUILDING DIVISION - DPW COUNTY OF HAWAII— 101 Pauahi Street, Suite 7— Hilo, Hawaii 96720 Hilo Office (808) 961-8331 • Fax (808) 961-8410 Kona Office (808) 323-4720 Fax (808) 327-3509 April 3, 2024 TO: Jaclyn Araujo - County of Hawaii — Planning Dept. County Of Hawaii Planning Department 101 Pauahi St. Ste. #3 Hilo, HI. 96720 SUBJECT: Special Permit Application PL-SPP- 2024-000067 Applicant: Hailey Onaka -Holman Request: To Allow a 4 Bedroom Bed & Breakfast Establishment TMK: (3) 7-6-002:010 N. Kona, Hawaii This is to inform you that our records on file, relative to the status of the subject discloses that: ❑ No Building permit was issued for work done on the premises. ❑ No building permit was issued for the change of occupancy. ❑ At the time of completion, the subject complied with all Building Code regulations that were in effect. ❑ Variance from any building regulation (Building, Electrical, Plumbing, or Sign) was/was not granted. ❑ The following violations(s) still outstanding: ❑ Building ❑ Electrical ❑ Plumbing ❑ Sign ® Others: Dwelling was completed under permit number 005880 and shall Conform to current Building codes This status report reflects Building Division records only and does not include information from other agencies. Should you have any questions regarding maters contained herein, please feel free to contact Chris Domino at phone no. (808) 323-4720 Hawai'i County is an Equal Opportunity Provider and Employer Planning Damps. Bp_10 Exhibit 4 Hawai'i County is an Equal Opportunity Provider and Employer BD-10 OF Yv A7 FR N •r i- isi ie9 DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAII oci frar Ofiraw+..... 345 KEKDANAO`ASTREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808)961-8050 . FAX (808) 961-8657 May 2,2024 COH PLANNING DEIN o MAY b 2024 AMB:2 TO: Mr. Zendo Kern, Director RECT) HADD DEUVERE� Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Application (PL-SPP-2024-000067) Applicant: Hailey Onaka-Holman Request: To Allow a 4-Bedroom Bed and Breakfast Establishment Tax Map Key 7-6-002:010 We have reviewed the subject application and have the following comments. Please be informed that the subject parcel does not have an existing water service with the Department, as it is beyond the existing water system service limits. However,water service can be made available from an existing 8-inch waterline within the Mamalahoa Highway, approximately 3,000 feet from the east boundary of the parcel. Water service may be granted upon compliance with the following conditions: I. As the parcel does not front upon a Department's existing waterline and is located at an elevation where adequate pressure cannot be provided, only one(1) unit of water or a 518-inch water meter is available. One (1)unit of water allows for an average daily usage of 400 gallons, which is suitable for one(1) single-family dwelling. 2. The owner will be required provide schematic diagram, submitted by a professional engineer licensed in the State of Hawaii, to the Department for review and approval. An off-site receiving tank will be required. A copy of the Department's Elevation Agreement handout is attached to help therm understand this requirement. 3. Complete an application for water service with payment of the following charges, which are subject to change: FACILITIES CHARGE: I` service connection $1,319.00 SERVICE LATERAL INSTALLATION CHARGE: Install I meter on Mamalahoa Highway, a County road $3,000.00 Total (Subject to Change) $4,319.00 Planning Dept. . . . Water, Our-Most Precious WSsource . . . !kg Wai,4 Xdne. . . Exhibit 5 The Department of Water Supply is an Equal Opportunity provider and employer. Mr.tendo Kern, Director Page 2 May 2, 2424 4. A"Policy and Conditions for Water Service,"or Out-of-Bounds Agreement letter,must be signed as the subject parcel does not front on the Department's existing waterline. Please be informed that extending a customer waterline from the meter box would require obtaining easements from the property owners between the subject parcel and the water meter. 5. Installation by the Department of Water Supply of a 1-inch service lateral to service a 518-inch meter,which shall be restricted to an average usage of 400 gallons per day. 6. If the applicant for water service has not previously established satisfactory credit with the Department (i.e., has previously had an account with the Department and not been delinquent on payment of water bills), a credit deposit of$150.00 will also be required. Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at (808) 961-8070, extension 256. Sincerely yours, 6�, � Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy—Ms. Hailey Onaka Holman(w/copy of Elevation Agreement) Mr. Sidney Fuke, Planning Consultant Ramzi I.Mansour Mitchell D.Roth Mayor Director :;::; �;..:�.� Brenda lokepa-Moses Deanna S. Sako ,t . Managing Director °`"A Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 • Hilo,Hawai'i 96720•cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Directo - . Department of Environmental Management DATE: April 3, 2024 SUBJECT: Special Permit Application(PL-SPP-2024-000067) Applicant: Hailey Onaka-Holman Request: To Allow a 4-Bedroom Bed and Breakfast Establishment Tax Map Key: (3) 7-6-002:010; N. Kona, Hawaii The Solid Waste Division has reviewed the subject application and provides the following comments (Contact the Solid Waste Division for details). • Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. • Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. • Construction and demolition waste is prohibited at all County Transfer Stations. The Wastewater Division has reviewed the subject application and provides the following comments (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. County of Hawai'i is an Equal Opportunity Provider and Employer Exhibit 6 Mitchell D.Roth �N<v OF.11 Deanna S. Sako Mayor o°•' !ice Finance Director Diane Nakagawa — Deputy Director ,TF OFMF'� 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 Flr. • Kailua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 Date: 03/25/2024 Tax Map Key: (3) 7-6-002-010-0000 To: Planning Director From: Real Property Tax Office Subj: Request for Comments and/or Review Comments from the Appraisal Section: x Property is receiving agricultural use value ❑ Property is dedicated to agricultural use ❑ Possible rollback taxes ❑ There are no comments at this time Remarks: The subject property is participating in the Non-Dedicated Aq Use program and Homeowners Exemption Program Appraiser to Contact: D. Costa Phone: 808-961-8037 Comments from the collection section.- F-1 ection:❑ 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. Hawai`i County is an Equal Opportunity Provider and Employer Exhibit 7 Mir SidneyFuke, Planning Consultant P.O.Box 1345 •Hilo,Hawai'i 96720 •Planning•Variance•Zoning Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmaii.com •Environmentai Reports May 3, 2024 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,Hawaii 96720 Dear Mr. Kern: Subject: Special Permit Application(PL-SPP-2024-000067) Applicant—Hailey Onaka-Homan Holualoa 1St and 2°d,North Kona,Hawai i,TMK• 7-6-002. 010 This is in response to agency comments received via EPIC to date regarding the subject application. The State Office of Planning and Sustainable Development had no comments to offer. The State Department of Health(DOH) outlined its requirements. Because the site has already been developed and used as a residence and there will be no construction activity associated with this Special Permit. As such,the DOH rules and requirements relative to construction(air pollution and noise mitigation) should not apply. However,because there will be limited food service via the B&B, its applicable health and sanitation requirements will be complied with. The County Real Property Tax Division noted that the property taxes are current. Further, it is appraised for"agricultural use",participating in the"Non-Dedicated Ag Use"and "Homeowners Exemption"programs. The County Department of Environmental Mana ement outlined its solid and green waste requirements. Green waste—as is currently being done now—will be disposed off at the West Hawaii Organics Facility, a green waste site, or used as mulch on the property. Solid waste generated is expected to be no different than a standard family. In this case,the applicant has and will continue to use commercial haulers. In the absence of a County sewer line in this area,the site is serviced by a State Department of Health-approved septic system. The County Police Department had no comments or objections to the request. The County Department of Public Works-Building Division confirmed that the dwelling was completed per an approved building permit and conforms to current building codes. The Engineering Division confirmed the site's 'Zone X(areas determined to be outside the 500-year floodplain) designation on the Flood Insurance Rate Map and noted that there were "no open violations associated with the property." Planning Dept. Exhibit 8 Mr. Zendo Kern,Director May 3, 2024 Page 2 I trust that we have adequately addressed those comments. If not,please do let us know. We also look forward to reviewing and responding to other agency comments as they are uploaded. Thank you very much! Sincerely, SIDN Y M. FUKE Planning Consultant cc Ms. Hailey Onaka-Homan via email SidneyFuke, Planning Consultant ing P.O.Box 1345 •Hilo,Hawai'i 96720 •Planning•variance• Cell:(808)989-0640 •Subdivision•Land Usee Permits E-mail:sidneyfuke@9mail.com Environmental Reports May 7, 2024 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,Hawaii 96720 Dear Mr. Kern: Subject: Special Permit Application(PL-SPP-2024-000067) Applicant—Hailey Onaka-Homan Holualoa lst and 211,North Kona,Hawai i, TMK: 7-6-002: 010 This is in response to the Department of Water Supply's (DWS) comments regarding the subject application. The DWS noted that water can be made available from an existing 8-inch line fronting the Mamalahoa Highway. Its availability,however,would be subject to certain conditions which include the preparation of a schematic diagram reflecting an off-site receiving tank and its implementation. Further, elevation"out of bounds"agreements must be executed, and the appropriate payment of the facilities and service installation charge made. Notwithstanding the fact that the property is currently sharing an existing meter, should the Special Permit be approved,the applicant will comply with these requirements, including, if needed,the $150 credit deposit. I trust that we have adequately addressed the DWS' comments. If not,please do let us know. Thank you very much! incerely SIDNEY M. FUKE Planning Consultant cc Ms. Hailey Onaka-Homan via email Planning Dept. Exhibit 9