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

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By letter dated July 25, 2022, the Department returned the application(PL-SAA-2022- 000080) to Kaimu Cove LLC due to inaction and informed the Applicant that it is "not permitted to conduct any work or activities until a SMA review has been completed by the Planning Department and the appropriate approvals or permits have been issued." On September 1, 2022, Kaimu Cove LLC filed a subdivision application(PL-SUB-2022- 000094) for the development of a 7-lot subdivision. Its application was returned for more information, including a certified shoreline survey and SMA Use Permit for the proposed development. On September 29, 2022, the Planning Department verbally informed Kaimu Cove LLC to cease and desist any and all grading and grubbing activities on the property until it obtains an SMA permit approval. See SMA Use Permit Application PL-SMA-2024-000063, attached hereto as Exhibit"3," at 15-18 (outlining the "historical property information" for the subject property). On October 4, 2022, the Department's Planning Inspector conducted a site visit and inspection of the property and observed that grubbing/grading had occurred to create an access road with a junction, the northern portion of which led to a clearing for a future dwelling. See October 10, 2022 Notice of Violation and Order, attached hereto as Exhibit"4." By letter dated October 10, 2022, then-Planning Director Zendo Kern on behalf of the Department issued the Applicant a Notice of Violation and Order(PL-PCV-2022-00015), "with an administrative fine in the sum of ten thousand dollars ($10,000) for the development of property (grubbing/grading a road and land clearing) without a Special Management Area Assessment (SMAA) permit." The letter ordered the Applicant to "Immediately cease and desist any further unpermitted development, including cutting of trees/foliage on the subject property"; "Apply for and secure an after-the-fact [SMA] Use Permit Assessment for the unpermitted 6