2026-01-05 Exhibit 01_PL-SMM-2025-000079 Decision Letter Dated 12-04-2025

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Daryn Arai Land Use Planning Consultant December 04, 2025 Page 5 Construction of the proposed development shall be completed within five (5) years from the effective date of this permit. 4. No land alteration, grubbing, landscaping or construction activities, including but not limited to, the stockpiling ofdebris, construction materials or equipment, shall occur in the shoreline setback area without securing a prior written determination of minor structure or activity pursuant to Rule 11-8 from the Planning Director or approval of a Shoreline Setback Variance from the Planning Commission. 5. Artificial light from exterior lighting fixtures, including, but not necessarily limited to floodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be prohibited if the light directly illuminates, or is directed to project across property boundaries or toward the shoreline and ocean waters, except as may otherwise be permitted pursuant to Section 25A- 1 b , Hawai`i Revised Statutes. 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 Shoreline Public Access sign meeting with Planning Department approval at the entrance to the public access path at Kalapana-Kapoho Beach Road. The Shoreline Public Access Sign description may be obtained from the Planning Department. 7. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. 8. All construction and maintenance activities on the subject parcel shall comply with Chapter 27, Floodplain Management, ofthe Hawaii County Code. 9. Due to insufficient icient information regarding potential impacts to brf ace historic properties, the Applicant is required to prepare an Archaeological Monitoring Plan (AMP) meeting the requirements ofHawaii Administrative Rules HA Ch. 13-279-4 for review and approval by the State Historic Preservation Division (SHPD) prior to the issuance of Building Permits for the proposed development. The Applicant shall provide a copy ofthe approved AMP to the Planning Department once approved by SHPD. The Applicant shall comply with the approved AMP including, but not limited to, having an archaeologist onsite to conduct archaeological monitoring for identification purposes during all ground disturbing activities to adequately identify any archaeological historic properties present