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

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Planning Department cannot create an easement on private property without being part of a planning permitting process. In this case, the public access easement would be established as part of the SMA permitting process, which is still in progress."See Exhibit 7. On December 2, 2025, the Department of Land and Natural Resources, State Historic Preservation Division ("SHPD") sent a letter to the County providing its review of Kaimu Cove LLC's SMA assessment and SMA Minor Permit application. SHPD relied in part on"new evidence"presented in the `Ohana's draft CIA. SHPD noted it had previously determined as to the SMA Use Permit that"No historic properties [would be] affected" (see SHPD Review of PL- SMA-2024-000063, attached hereto as Exhibit"9"), and that under PL-SMA-2024-000079, "none of the previously identified historic properties are located within the current permit area." SHPD also stated, however, that it has insufficient information to determine the project's potential adverse impact to significant subsurface historic properties and requested archaeological monitoring during all ground disturbing activities and, "prior to permit issuance[,]" an archaeological monitoring plan in compliance with Hawai`i Administrative Rules § 13-279-4. See SHPD Review of PL-SAA-2025-000312, attached hereto as Exhibit"10." On December 4, 2025, the Director sent a letter to Consultant Arai and Kaimu Cove LLC discussing the SMA assessment of the Kaimu Cove project and approving an SMA Minor Permit for the project. The Permit is subject to fourteen (14) conditions, which include: 6. In order to preserve the coastal access for fishing and gathering purposes the public currently uses, the Applicant shall establish a 10-foot- wide pedestrian public shoreline access easement on the subject parcel along the north-east property boundary adjacent to the State parcel that extends from Kalapana-Kapoho Beach Road to the shoreline fronting the subject parcel. The metes and bounds of the shoreline access trail shall be recorded with the Bureau of Conveyances as a deed instrument against the affected lot. The Applicant shall not, at any time, impede or otherwise restrict lateral public access along the shoreline and within the public pedestrian access easement. The Applicant shall purchase and install a 12