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

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development(grubbing/grading)"; and "Pay all fines due this office and complete corrective actions by . . . January 6, 2022 [sic]."See Exhibit 4. On October 19, 2022, Kaimu Cove LLC applied for an after-the-fact SMA Use Permit Assessment (PL-SAA-2022-000 126) for the grubbing/grading that had previously happened and subject to the Notice of Violation and Order (PL-PCV-2022-00015). The application was subsequently returned by the Department on October 26, 2022 for additional information. On November 17, 2022, Kaimu Cove LLC filed an appeal (PL-BOA-2022-000058) from the Notice of Violation and Order. By email dated December 14, 2022, Kaimu Cove LLC notified the Department that it "would like to withdraw [the] appeal in exchange for a[ 120- to 180-day] extension of[the] deadline to meet violation correction" and obtain a certified shoreline survey. Kaimu Cove LLC noted it would thereafter submit an after-the-fact SMA application. By email dated December 20, 2022, the Board of Appeals acknowledged Kaimu Cove LLC's request to withdraw its petition and stated that it "considers this matter closed." On December 15, 2022, the Planning Department issued a 6-month extension to comply with the corrective actions in the Department's Notice of Violation and Order, with a new deadline of June 15, 2023. On August 4, 2023, the Department informed Kaimu Cove LLC that due to Kaimu Cove LLC's failure to comply with the corrective actions by the June 15, 2023 deadline, daily fines retroactively applied dating back to October 11, 2022. On August 9, 2023, Kaimu Cove LLC's consultant responded that the Applicant is making ongoing efforts to comply with the corrective actions. From October to December 2023, ASM Affiliates, on behalf of Kaimu Cove LLC, conducted consultation with some of the long-time residents and descendants of the Kaimu 7