2026-01-05 PL-BOA-2026-000127 Petition

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on and near the subject property. After acknowledging the community's serious concerns, then- Director Zendo Kern shared that for the first time, despite the existing recommendation, he was inclined to change his stance. The Commission continued the hearing and requested that either an Archaeological Inventory Survey or Cultural Impact Assessment ("CIA")be completed before it decides whether to approve or deny the Applicant's permit. See Minutes of the October 3, 2024 Windward Planning Commission Meeting, attached hereto as Exhibit"5." In November to December of 2024, the `Ohana began drafting a CIA, including a Ka Pa`akai analysis, for the Kaimu Cove project in an effort to document and ensure consideration of their protected rights and practices before the Planning Commission decided on the SMA Use permit application. On June 12, 2025, the Department received from Lisa Benham of Kaimu Cove LLC a letter, in which she describes: Kaimu Cove LLC's original "goal . . . to have a seven lot subdivision on a 3.6 acres lot which the county approved"; its amended plan to construct"a five lot subdivision due to the forty foot shore line setback for the public access pathway to the beach"; and finally, Ms. Benham and Mr. Wyatt's agreement to build a"two lot subdivision." On September 15, 2025, Daryn Arai, Planning Consultant for Applicant Kaimu Cove LLC, submitted an SMA Use Permit Assessment Application to the County of Hawai`i Planning Department for a single-family two-story home and pickleball court (PL-SAA-2025-0003 12). The `Ohana completed a draft CIA and Ka Pa`akai Analysis in September 2025 and offered a copy to the Planning Department. See DRAFT—Cultural Impact Assessment and Ka Pa`akai Analysis for Pu'ilima, Kaimu Ahupua`a, Puna District, Hawai`i Island, attached hereto as Exhibit"6." The `Ghana was told the Department would not review the CIA. On October 9, 2025, representatives of the `Ohana(Leila Kealoha, Leslie Rosehill, Gina McGuire, and Kuulei 9