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square foot living area and a 320-square foot lanai. Additionally, the project includes the <br /> construction of a 60 by 35-foot pickleball court, as well as a 10-foot wide public access easement <br /> located along the property boundary with the State parcel to the north-east. Access to the <br /> proposed residence will be directly from the Kalapana-Kapoho Beach Road via a 15-foot wide <br /> compacted gravel driveway. A 5-foot tall rock wall and gate system, totaling approximately 55 <br /> feet in length, is proposed at the entry point on Kalapana-Kapoho Beach Road. See SMA Minor <br /> Application PL-SAA-2025-000312, attached hereto as Exhibit "2." <br /> Procedural History and Jurisdiction <br /> Kaimu Cove LLC's Previous Permit Applications and Activities <br /> On June 1, 2022, Kaimu Cove LLC (the "Applicant") submitted an SMA Use Permit <br /> Application (PL-SAA-2022-000080) to "Grub acreage for building sites" of seven (7)possible <br /> structures. On June 8, 2022, the Planning Department requested additional information for its <br /> review of PL-SAA-2022-000080—namely, a completed SMA Assessment application and the <br /> landowners' signatures on the application. On June 20, 2022, Planners Alex Roy and Tracie-Lee <br /> Camero conducted a site inspection. By July 25, 2022, the Department had not received the <br /> requested information or other correspondence from the Applicant. <br /> From late July to mid-August 2022 (approximately two weeks), the Applicant <br /> commenced with grubbing existing vegetation on the subject property in the northern-most area, <br /> the location of its proposed driveway access and house pad. The grubbing activities extended <br /> into the adjoining State-owned lands. Kaimu Cove LLC also laid approximately 36 cubic yards <br /> of black cinder within the eastern most portion of the property, near the proposed house pad, <br /> which was within the portion of the 40-foot shoreline setback area. <br /> 5 <br />