2023-02-10 I'o Processing Company - BOA General Petition for Appeal 4870-8058-9647 v.4

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("Deputy Chief') for the County Department of Public Works ("DPW"), dated January 13, 2023, denying the approval of Declarations of Compliance for agricultural buildings pursuant to HRS § 46-88, and requiring the processing of building permit(s)per Hawaii County Code ("HCC") Section 5-1-5 (the "Denial"). See Ex. 1. I. INTRODUCTION. The DPW's Denial erroneously denied six separate Declarations of Agricultural Compliance (together, the"Declaration") and concluded that Appellant's agricultural structures must be processed through the traditional building permit process in Hawaii County Code Chapter 5 ("County Building Code"), instead of through the expedited approvals and exemptions set forth in HRS § 46-88. See Ex. 2. In fact, Appellant's agricultural structures, which are vital to the State of Hawai`i's and County's goals of sustainable agriculture and food production, should have been considered and approved under HRS § 46-88. DPW's denial was in violation of law,was clearly erroneous, and was an abuse of discretion. II. PARTIES AND AFFECTED PROPERTY. The real property in question is located in Makaula,North Kona on TMK: (3) 7-3,002:015, a parcel of approximately 21.936 acres located within the SLU Agricultural District and zoned Agricultural A-20a(the "Property"). The Property is owned by Nichole Roselani Kiyoko Kanda and John Totah,who have consented to this appeal. Appellant is licensee of an approximately 4.0-acre portion of the Property and owns and operates the agricultural structures thereon. III. BACKGROUND FACTS -APPELLANT IS SEEKING PERMITTING FOR AN AGRICULTURAL UNIT TO MEET HAWAI'I'S NEEDS. Appellant is a small, locally-owned meat processing company which was established in an effort to support Hawaii's network of local farmers and ranchers in the meat industry and to develop a better sustainable future in agriculture. At present,many local farmers and ranchers are forced to ship their livestock to the mainland for processing -- even if the meat is intended for local consumers. This is obviously expensive, inconvenient and environmentally wasteful. The lack of local meat processing options in the State of Hawaii is a major impediment to sustainable food production in Hawaii. To address the pressing need of local farmers and ranchers, Appellant has established a small, enclosed agricultural facility for the local processing of livestock on approximately 4- 2 4870-8058-9647.4.071717-00001