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

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The Director's decision to approve an SMA Minor Permit for the Kaimu Cove project ("Director's Decision") violates established law and is based upon clearly erroneous findings of facts and applications of law, is arbitrary and capricious in its application, and is characterized by a clearly unwarranted abuse of discretion. By letter dated December 4, 2025, the Director provided notice of its approval of an SMA Minor Permit for the Kaimu Cove project, in which it specified that the Kaimu Cove project is a"development"pursuant Commission Rules § 9-4(i)(1)(A) & (E), which"will not have a cumulative impact or significant adverse environmental or ecological effect on the SMA." See December 4, 2025 Letter from the Planning Director to Kaimu Cove LLC, attached hereto as Exhibit"1." Pursuant to Section 9 of the Special Management Area ("SMA") Rules for the Hawai`i Planning Commission("SMA Rules") and Rule 8-3 of the Board of Appeals Rules of Practice and Procedures ("BOA Rules"), an appeal from the Director's Decision"shall be filed within thirty (30) days of the date of the Director's written decision, unless otherwise stated in the applicable Code."1 BOA Rules § 1-7 specifies that when computing any period of time under the Commission Rules, "the time begins with the day following the act, event, or default, and includes the last day of the period unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or holiday." Notice of the instant appeal was timely filed with the Department of Planning for the County of Hawai`i on January 5, 2026. STATEMENT OF FACTS 1 SMA Rules § 9-11(0(5)outlines the procedures for appeals from the Commission's decision on"Special Management Area Use Permit[s,]"but Section 9, Special Management Area,does not provide information about procedures for an appeal from the Director's decision on a Special Management Area Minor Permit. 2