The URL can be used to link to this page

Home My WebLink AboutCOM 0229.000 2004-2006Harry Kim Mayor COUNTY OF HAWAII 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 . (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740 (808)329-5226 • Fax (808)326-5663 April 11, 2005 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: V6hange of Zone Application (REZ 04-035) Applicant: Lot Owners Within the 49 Black Sand At Mauna Lam Request: RM -3 & RM -4 to RS -20 Tax Map Key: 6-8-33:1-6, 8-14, 16-18, 20-49 Change of Zone (REZ 678) Applicant: Waikoloa Development Co. Request: Time Extension to Condition B of Change of Zone Ordinance No. 95-51 Tax Map Key: 6-8-2:16 and 6-8-3:32 Dixie Kaetsu Managing Director Peter L. Hendricks Deputy Managing Director As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above -referenced requests. Si, Harry Kim �c Mayor L031705may Enclosures cc: Planning Department V o liawai`i County is an Equal Opportunity Employer and Provider Comm. No. 2-2-01� Ref. To: Ne Ref. Data County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 April 6, 2005 Gary Safarik, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Gary Safarik and Council Members: Change of Zone Application (REZ 04-035) Applicant: Lot Owners Within the 49 Black Sand At Mauna Lani Request: RM -3 & RM -4 to RS -20 Tax Map Key: 6-8-33:1-6, 8-14, 16-18, 20-49 The Planning Commission, after a duly held public hearing on March 18, 2005, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 41.4 acres of land from Multiple Family Residential 3,000 square feet (RM -3) and Multiple Family Residential 4,000 square feet (RM -4) districts to a Single Family Residential 20,000 square feet (RS -20) district. The area under construction includes several lots within the 49 Black Sand Beach at Mauna Lani Subdivision, Mauna Lani Resort, Waikoloa, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: Forty-six (46) lot owners at the 49 Black Sand Beach at Mauna Lani Subdivision are requesting a Change of Zone from Multiple -Family Residential (RM -3 and RM -4) to Single -Family Residential (RS -20). The total acreage of the 46 lots is approximately 41.4 acres, with approximately 14.411 acres proposed to be amended from RM -3 to RS -20, and 27.005 acres proposed to be amended from RM -4 to RS -20. The objective of the rezoning is to more accurately reflect the actual use of the lots within the subdivision. All the existing structures in the subdivision are single-family dwellings, and the CC&R's recorded on July 13, 1999 as Document No. 99-120045 states that no structures other than one dwelling unit and accessory structures shall be constructed on any lot. All Hawat'i County is an Equal Opportunity Provider and Employer Gary Safarik, Chairman and Members of the County Council Page 2 dwellings on the lots within the subdivision are restricted for single-family residential purposes and a garage for at least two cars. The covenant also prohibits carports and similar structures on the properties. There will be no further subdivision of the lots. Of the 52 lot owners within the 49 Black Sand Beach at Mauna Lani Subdivision, 46 have consented to the request. The remaining lots are not included in this change of zone application. The 49 Black Sand Beach at Mauna Lani Subdivision was approved as Subdivision No. 7129 on June 21, 1999. There are a total of 53 lots in this subdivision, of which 46 lots are proposed to be redesignated RS -20. Parcels, 14, 15 and 16 were consolidated and resubdivided into Parcels 14 and 16 by Subdivision No. 7149 approved on July 23, 1999. Therefore, the original 53 -lot subdivision is currently a 52 -lot subdivision. Of the remaining six (6) lots, Parcels 7 and 19 are not included in this request, as the landowners were not interested in pursuing the change of zone. Parcels 50, 51 and 52 are the common areas and Parcel 53 is the subdivision roadway. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed change of zone request from the Multiple -Family Residential (RM -3 and RM -4) to a Single -Family Residential (RS -20) district will conform to, among others, the goals, policies and standards of Land Use, Economic and Housing Elements of the General Plan. The change of zone would complement the existing residential land uses in the area. The subdivision is surrounded by vacant lands and the 7`h to the 13`h fairways of the Mauna Lani Frances 1`i Brown South Golf Course. Lands in the immediate area are zoned Open, RM -3 and RM -4. This request would complement a policy of the Land Use element of the General Plan which states, "allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County." Although the subdivision is zoned Multiple -Family Residential, only single-family dwellings are permitted in the subdivision. Of the 46 properties, single-family dwellings have been constructed on 23 lots and the remaining 23 lots are vacant. The two lots which are not a part of this request are vacant. The requested Single -Family Residential zoning designation would be more appropriate for the area. Gary Safarik, Chairman and Members of the County Council Page 3 The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The properties are designated Open, Resort and Low Density Urban. The General Plan LUPAG Map amendment pending before the County Council proposes to change the designation of this area from Low Density Urban to Resort Node. The proposed new Resort Node category would designate a major resort area such as the Mauna Lani Resort and allow a variety of uses. A major resort area is defined as a self-contained resort destination area that provides basic and support facilities for the needs of the entire development. Such facilities include sewer, water, roads and employee housing. The properties are located within an area adequately served with essential services and facilities. The 46 properties are part of the 49 Black Sand Beach at Mauna Lani Subdivision, approved as Subdivision No. 7129 on June 21, 1999. Access to the properties is from Mauna Lani Drive to Kaniku Drive, an existing roadway with a 60 -foot right-of-way, 8 -foot wide paved shoulders, and an approximate 24 -foot wide, two-lane pavement. According to the applicant, water is available from the existing Department of Water Supply system that serves the Mauna Lani Resort. Police and emergency services are available at the County police station in Waimea and a police and fire station in Kailua-Kona. Police and fire services for the resort area are also available approximately /a mile north of the 73 -mile marker on the Queen Kaahumanu Highway. Medical services are available at the North Hawaii Community Hospital in Waimea or the Kona Community Hospital in Kealakekua. Electric and telephone services are available to the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The properties are located within the Special Management Area. There is no record of a designated public access that traverses the properties. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Gary Safar k, Chairman and Members of the County Council Page 4 The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone "X," areas outside the 500 -year flood plain. Any new construction or substantial improvements will be subject to the requirements of Chapter 27 - Flood Control, of the Hawaii County Code. There are no significant drainage ways that adversely affects the project site. The entire site has been grubbed and graded as part of the 49 Black Sand Beach at Mauna Lam Subdivision. In a letter dated October 13, 2004, the applicant has requested a letter of "no effect" from the DLNR-HPD. There is no evidence of valued cultural, historical or natural resources in the project area. As no traditional and customary Native Hawaiian rights are presently conducted on the properties, the proposed action will not affect traditional Hawaiian rights. Given the subdivision's urban setting, the presence of any known rare, threatened, or endangered species or endangered floral and fauna species is remote. The properties were previously grubbed and graded as part of the development of the 49 Black Sand Beach at Mauna Lani Subdivision. The subdivision is not used for access to the mountains or shoreline and no access to these areas will be impacted by the proposed action. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: An Archaeological Preservation Plan for All or Part of Eight Sites at the 49 Black Sand Beach Development, 71i of 'Anaehoomalu, Waikoloa Ahupua'a South Kohala District, Hawaii Island by Cultural Surveys Hawaii dated May, 1999 was submitted with the application. No formal botanical survey was included with the request. The valued cultural historical and natural resources found in the rezoning area: The area is not among those listed as historic properties in the General Plan or the State Register of Historic Places and has not been determined to be eligible for inclusion in the National Register of Historic Places. A revised preservation plan for the subdivision was accepted by the DLNR-HPD in a letter dated June 16, 1999 and Cultural Surveys Hawaii is continuing to work with DLNR-HPD to complete the implementation of the revised preservation plan. The preservation of Site 21229 on Lot 2 of the subdivision prepared by Dr. Robert Rechtman was approved by DLNR-HPD in a letter dated November 1, 2002. In a letter dated Gary Safarik, Chairman and Members of the County Council Page 5 October 13, 2004, the applicant has requested a letter of "no effect" from the DLNR-HPD. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by construction or ground alteration. According to the applicant, there are no endangered species of flora on the properties. • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, this request to reclassify the subject properties from a Multiple -Family Residential (RM -3 and RM -4) to a Single -Family Residential (RS -20) district would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration, an amendment to Section 25-8-13 (Puako-Anaehoomalu Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Fred G dons, Chairman Planning Commission Llotowners02PC Enclosures cc: Steven S. C. Lim, Esq. Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BOMaunalaniREZAa M5 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT LOT OWNERS WITHIN THE 49 BLACK SAND BEACH AT MAUNA LANI SUBDIVISION CHANGE OF ZONE APPLICATION (REZ 04-035) LOT OWNERS WITHIN THE 49 BLACK SAND BEACH AT MAUNA LANI SUBDIVISION have submitted an application for a Change of Zone from Multiple -Family Residential 3,000 square feet (RM -3) and Multiple -Family Residential 4,000 square feet (RM -4) for approximately 41.4 acres of land at the 49 Black Sand Beach at Mauna Lani Subdivision, Mauna Lani Resort, Waikoloa, South Kohala, Hawaii, TMK: 6-8-33: 1 to 6; 8 to 14; 16 to 18; 20 to 49. BACKGROUND INFORMATION Request: Forty-six (46) lot owners at the 49 Black Sand Beach at Mauna Lani Subdivision are requesting a Change of Zone from Multiple -Family Residential (RM -3 and RM4) to Single -Family Residential (RS -20). The total acreage of the 46 lots is approximately 41.4 acres, with approximately 14.411 acres proposed to be amended from RM -3 to RS -20, and 27.005 acres proposed to be amended from RM4 to RS -20. The objective of the rezoning is to more accurately reflect the actual use of the lots within the subdivision. All the existing structures in the subdivision are single-family dwellings, and the CC&R's recorded on July 13, 1999 as Document No. 99-120045 states that no structures other than one dwelling unit and accessory structures shall be constructed on any lot. All dwellings on the lots within the subdivision are restricted for single-family residential purposes and a garage for at least two cars. The covenant also prohibits carports and similar structures on the properties. There will be no further subdivision of the lots. Of the 52 lot owners within the 49 Black Sand Beach at Mauna Lani Subdivision, 46 have consented to the request. The remaining lots are not included in this change of zone application. (Exhibit A - Change of Zone application) 4 - ATTACH: Cartm. 229 (Bill 88) 2. 49 Black Sand Beach at Mauna Lani Subdivision: This subdivision was approved by Subdivision No. 7129 on June 21, 1999. There are a total of 53 lots in this subdivision, of which 46 lots are proposed to be redesignated RS -20. Parcels, 14, 15 and 16 were consolidated and resubdivided into Parcels 14 and 16 by Subdivision No. 7149 approved on July 23, 1999. Therefore, the original 534ot subdivision is currently a 52 -lot subdivision. Of the remaining six (6) lots, Parcels 7 and 19 are not included in this request, as the landowners were not interested in pursuing the change of zone. Parcels 50, 51 and 52 are the common areas and Parcel 53 is the subdivision roadway. 3. Chronology: • July 13, 1987 - effective date of Ordinance No. 87 73 which amended the various zoned districts to allow the Mauna Lani development. • June 21, 1999 - effective date of Subdivision No. 7129 to allow the development of a 534ot single-family residential subdivision. • July 13, 1999 - date of recordation of the Declaration of Covenants and Restrictions of 49 Black Sand Beach at Mauna Lani Subdivision. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. GP LUPAG Map: Open, Resort and Low Density Urban. The General Plan LUPAG Map amendment pending before the County Council proposes to change the designation of this area from Low Density Urban to Resort Node. The proposed new Resort Node category would designate a major resort area such as the Mauna Lani Resort and allow a variety of uses. A major resort area is defined as a self-contained resort destination area that provides basic and support facilities for the needs of the entire development. Such facilities include sewer, water, roads and employee housing. 6. County Zoning: Multiple -Family Residential (RM -3 and RM -4). 7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. 8. Special Management Area: The properties are located within the County's Special Management Area (SMA). The SMA is a part of the Coastal Zone Management Program Wa regulated by the County. Construction of single-family dwellings are normally exempt from the definition of "development" under Planning Commission's Rule No. 9- 4(10)(B)(i). DESCRIPTION OF PROPERTIES AND SURROUNDING AREA 9. Subject Properties: The 46 properties are part of the 52 -lot 49 Black Sand Beach at Mauna Lani Subdivision located one mile west of the South Kaniku Drive/Main Entrance Road intersection at the Mauna Lani Resort. The subdivision is located approximately 5,500 feet makai of the Queen Kaahumanu Highway. Of the 46 properties which are the subject of this application, single-family dwellings have been constructed on 23 lots, and the remaining 23 lots are vacant. The two lots which are not a part of this request are vacant. 10. Surrounding Zoning and Land Uses: The subdivision is surrounded by vacant lands and the 7d' to the 13d' fairways of the Mauna Lani Frances I'i Brown South Golf Course. Lands in the immediate area are zoned Open, RM -3 and RM -4. 11. U.S.D.A. Soil Type: A'a or Pahoehoe lava flows. 12. Land Study Bureau's Productivity Rating: Urban. 13. FIRM: Zone "X", areas outside of the 500 -year flood plain. 14. Flora/Fauna Resources: No formal flora/fauna study was submitted. According to the applicant, no endangered flora or fauna were discovered during the development of the subdivision. 15. Archaeological/Historical Resources: No formal archaeological study was submitted. By letter dated October 13, 2004, the applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (DLNR- HPD). In a letter dated October 13, 2004, the applicant has requested a letter of "no effect" from the DLNR-HPD. There is no evidence of valued cultural, historical or natural resources in the project area. 16. Cultural Resources: According to the applicant, no traditional and customary Native Hawaiian rights are presently being conducted on the properties. 17. Recreational/Visual Resources: No scenic or open space resources to the shoreline -3- coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 18. Public Access: The subdivision is not used for access to the mountains or shoreline and no access to these areas will be impacted by the proposed action. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the properties is from Mauna Lani Drive leading into the Mauna Lani Resort, to Kaniku Drive, an existing roadway with a 60 -foot right-of-way, 8 -foot wide paved shoulders, and an approximately 24 -foot wide, two-lane pavement. The main vehicular entrance to the subdivision is from South Kaniku Drive. 20. Water. Water is available from the existing Department of Water Supply system that serves the Mauna Lani Resort. 21. Wastewater: The subdivision is serviced by the Mauna Lani Wastewater Treatment Facility. 22. Essential Utilities and Services: Electricity and telephone services are available to the site. Police and emergency services are available at the County police station in Waimea and a police and fire station in Kailua-Kona. Police and fire services for the resort area are also available approximately'/. mile north of the 73 -mile marker on the Queen Kaahumanu Highway. Medical services are available at the North Hawaii Community Hospital in Waimea or the Kona Community Hospital in Kealakekua. AGENCIES' AND ORGANIZATIONS' COMMENTS 23. Department of Water Supply: Exhibit B - January 27, 2005 Memo 24. Dfpartment of Environmental Management: Exhibit C - January 5, 2005 Memo AGENCIES - NO COMMENTS 25. Police Department, Fire Department AGENCIES - NO RESPONSE 26. Department of Public Works, Real Property Tax Office, Department of Land and Natural Resources Land and Historic Preservation Division, Department of Health PUBLIC COMMENTS 27. None as of this writing. Ga CHANGE OF ZONE APPIMa&TIOMEPARIMEN County Of Hawaii COUNTY OF HAWME 09 HPLANNING DEPARTO a.4 (Type or legibly print the requestedinfo " '7uul LENT ' "4 APPLICANT: LOT OWNERS WITHIN THE 49 BLACK SAND BEACH AT, MAUNA LANI SUBDIVISION APPLICANT'S SIGNATURE:See Attached Letters of Authorization DATE: 11-29-2004 ADDRESS: c/o STEVEN S.C. LIM, ESO., CARLSMITH BALL LLP 75-1000 HENRY STREET, SUITE 209 KAILUA—BONA, HI 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: AGENT FOR OWNERS LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 329-6464 (Res.) (Fax) 324-9400 LANDOWNER(S):LOT OWNERS WITHIN THE 49 BLACK SAND BEACH AT MAUNA LANI SUBDIVISION LANDOWNER SIGNATURE(S): See Attached letters of AuthorizaticUkATE: 11-29-2004 (May be by letter) LANDOWNER(S) ADDRESS:c/o Steven Lim, Carlsmith Ball LLP, 75-1000 Henry Street#209 Kailua—Kona, HI 96740 . REQUEST: RM -3.0 and RM -4.0 TO RS -20 Single FamilyiResidential 20,000s.f (Existing zoning) (Proposed Zoning) TAX MAP KEY: 6-8-033: 001 to 006, 008 to 014, 016 to 018, 020 to 049 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 46 lots of existing approved _,uhdioi siren AGENT: STEVEN S.C. LIM, ESQ., CARLSKITH BALL LLP ADDRESS: 75-1000 HENRY STREET, SUITE 209 KAILUA—BONA, HI 96740 TELEPHONE:(Bus.) 329-6464 (Res.) (Fax) 329-9450 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: STEVEN S.C. LIM COPIES: EXHIBIT ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? NO if yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? d. Do you intend to build houses on the newly created lots? if yes, please answer the following questions: on how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? d. Keep it? e. other (please state) f• If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. This is an existing approved Subdivision No. 7192 approved for recordation on June 21, 1999. There are approximately 22 single family dwellings constructed and approximately 24 vacant Lots as of this date. Vacant lots and/or improved lots may be sold by each lot owner. 3. Do You think that your request and your further plans for the land will alleviate the local housing situation? YO.R How? This existing subdivision was approved by the County and is part of the Mauna Lani Resort Master plan. ;i 4. Are there any buildings on the subject area? If so, what kind? As of this date, there are 22 constructed single family dwellings within the subdivision. what do you intend to do with those buildings if your request is approved? Each Lot owner will be allowed to construct and utilize one single family dwelling on each lot regardless of the lot as required by the Homeowners Association CC&R'S. -2- 5• Is the subject land currently being used for any agricultural activity? If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6• To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. ?• Do you think that the roads leading to the subject area needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? 8• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. schools S b. Roads % C . Sewer % d. Drainage % e. police Protection % -3- NO YES Yes yQ f. Fire Protection 9. Recreational Facilities % h. Public Utilities % 1. other % For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Telephone: 329-6464 Date: November 29, 2004 6337A/50A -4- P.D. 5/84 LLP EXHIBIT LIST Chanee of Zone Application Applicants: Lot Owners within the 49 Black Sand Beach at Mauna Lani Subdivision of the Tax Map Key parcels listed below Agent: Steven S.C. Lim, Esq., Carlsmith Ball LLP Owners: Lot Owners within the 49 Black Sand Beach at Mauna Lani Subdivision of the Tax Map Key parcels listed below Request: A Change of Zone Application from Multiple Family Residential 3,000 square feet (RM -3.0) and Multiple Family Residential 4,000 square feet (RM -4) to Single Family Residential 20,000 square feet (RS -20) to redesignate the subject properties to be consistent with the existing Single Family Dwellings development. Tax May Key No: (3)6-8-033: 001 to 006.008 to 014.016 to 018.020 to 049 Exhibit A: Letters of Authorization from Applicants (Homeowners Association and 46 Lot Owners) Exhibit B: 8 1/2 by 11" Regional Location Map of Property Exhibit C: 81/2 by 11" Tax Map Key of existing Subdivision Exhibit D: Copy of Recorded CC&R's for the 49 Black Sand Beach at Mauna Lani Subdivision, Doc. No. 99-120045 July 27,1999 with the State of Hawaii Bureau of Conveyances, Article 15 (Use Restrictions), Section 15.4 (a)(General Covenants, Conditions, Restrictions and Easements), page 42. Exhibit E: Copies of Letters sent to Department of Land and Natural Resources, Historic Preservation Division as required by Change of Zone Application. Exhibit F: Photographs of Roadways to and within the existing approved Subdivision. COUNTY ENVIRONMENTAL REPORT citing the requirements as stated in the criteria and standards of Chapter 25 (Zoning Code), Article 2, Division 4 (Amendments), Section 25-242(a)(b)(c), as amended and criteria and standards of Planning Commission Rule No. 11, Section 11-3. 4823-7336-4224.1.055678-00003 I Letters of Fee Owners Authorization EXHIBIT "MA I Fee Owners and/or Applicant's Letter of Authorivtion Tax Map Key: (3) 6.8-033: 001 to 006.008 to 034.0161to 018.020 to 049 District of South Kohala i - Island, County and State of Hawaii: The undersigned are the authorized representative fed owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for. execute and process any and all County, State and federal govemmenW permit applications, and w participate in proceedings related to said real properties. This authorization may be signed in comxerparts. each of which shall be considered an onginal, and the counterparts shall together mnstingeone acrd the same authorization. A photostatic or facsimile copy of this executed amhorimon shall also be considered as c&,c=ve and valid as the original. OWNERS: HOMEOWNERS ASSOCIATION OF 49 BLACK SANDS BEACH AT MAUNA LANI U By BILL MILLS Its Presidents DATED: 1111V t.0 2M4 Fee Owners and/or AnnlicanIN Letter of Authorization Tax Map Key: (3)6:8 033: 001 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real property above -identified, and hereby authorizes the law firm ofCarlsmith Ban LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall u>gether constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNER GRUBER FAMILY INVESTMENTS LP By �gW841- US Managing Member Mailing Address: 21573 Bosque Way Boca Raton, FL 33428 DATED: 4-19— ZQQq ' 491"191-7440.14WSSL MI Fee Owners and/or Aoolieapt's Letter ofAuthorvstion Tax Map Key: (3) 64.033: 062 Distr6d of South Kebab island, County sed State ofHawa6 The und= ped are the autbomod representative fee owners of and/or appbea nb for the real properties abovo-ideatified, and haebytreror m the law form of Carlem is Bab LLP, to apply Inc. exucme and process any and. aA Cotmty, State and federal permit applicaeaos, and to participate m proomxhugs related to said real properties. This authadmion may be signal in counterparts, each of which shall be considered an ongioal, NO the couaterpartt sbrdl together constitute one and the sarin audicrismuou. A photostatic or facsimile copy ofthis eucuted authorization shall also be considered as effective and valid as the origins]. OWNERS: KENANDYId.0 / p Ry K..• - }�t.l Sandra Ssrtaig . Jjv Its Artherimed Reprocutsdive Its An4toriud Representative, Mailing Address 97 Ri Review Drive Atherton, CA 94027 DJkWAft 4/6/d g aw-Ot2.36I5. t.000sscmom Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-033: 003 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: WALL INVESTMENTS ASSOCIATES By A Terry Wall Its Authorized Represents 've Carol Wall Its Authorized Representative Mailing Address: 160 Lloyd Road Montclair, NJ 07042 DATED: / IL 4848-8712-2688. LOWSSL-00001 Fee Owners and/or Aonlieant's Letter of Authorization Tax Map Key: (3) 6-8 033: 004 District of South Kohah Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real property above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective aid valid as the origins}. OWNER: COLELLA FAMILY TRUST Sam CoJells is orittd Repres five Nancy Colella Its Authorimed0epresentative Mailing Address: 10655 Eloise Circle Los Altos, CA 94024 DATED: 1(, { O 4 ' Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8 033: 005 District of South Kohala Tsland, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real property above -identified, and hereby authorizes the law firm of Carlsmith BaH LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNER Moutalvo Trost By Alan Pinn, its Authorized Representative Mailing Address: 1475 Saratoga Ave. Suite 250 San Jose, CA 95129 DATED: V Y" Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-033.006 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and ail County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: MORRIS REVOCABLE TRUST #2 By Its Authorize Representative /Mi1Y Mor Its Autho zed Representative Mailing Address: 3880 S. Bascom Ave, Suite 205 San Jose, CA 95124 DATED: 4848.8712-2688. I.00OSM-00001 Fee Owners and/or Annlicant's Letter of Authorization Tai Map Key: (3) 6-&03: 008 District of South Iiohala Island, County and State of Hawaii The underlip W are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith B&U LLP, to apply for, execute and piocess any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: PRVDLER FAMILY TRUST By / Paal Prattler, Co -Trustee Its nthorFced Re tative G Sasaa Pradl , ' Tra e Its Authorized Representative Mailing Address: 4267 Ashton Drive Sacramento, CA 95864 DATED: 0 1!+8.8712-2686. UWSSL-0M1 Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-033: 009 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law fine of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: DANIEL & TERESA MONTANELLI By Daniel Montanelli Its Authorized Representative Teresa Montanelli Its Authorized Representative Mailing Address: 11 Castlebar Place Alameda, CA 94502 DATED: 4848-8712-2688.LOOOSSL-00001 Fee Owners and/or Aurllicaut's Letter of Authorization Tax Map Key: (3) (r8 033: 010 District of South Kebab Island, County and State of Hawaii Tile undersigned are the authorized representative fee owners of and/or applicants for the real property above -identified, and h4nby authorizes the law firm of Carlsmith Sall LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. This authorization maybe signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. 1'0�1 Wipiam G Marr Trust Carol Ann artz Trac By William Marr :By Marling Address: 82 Isabella AVenue Atherton, CA 98027 DATED: (O Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-033: 011 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: DOUGERY REVOCABLE TRUST Mailing Address: 165 Santa Ana Avenue San Francisco, CA 94127 DATED: a4i / 6 4848-8712-2688.1.000SSL-00001 Fee OVvners and/or Anpliealrf'a Letter of AvMoriMON Tax Map Key: (3) jk—M0 OU District of South Koha.B Island, Coupty Aad Slate ofHawaif The rmdasigued are the guamrined represmistive fm ownem of and/or applicsada for the reel properties above-ider0flod, and hereby suthonzes the law fam of Carlamtb Ball LLP, to apply fad e><ecdD and process any Aced all Couaty, State sad fedrral govaMReam] int Applicafiams, and to partidpete inproceeddngs related to Wd real paopeatiea. This authorization may be signed is eomtetper% each of which shall be considered an oriSim], and the oonnterpsrts"together amtkato one sod>ite surae aid edzutiem A photomeuc or facsimile copy offt executed sodkodzetitm shall also be considered as efPectrm and valid as the original. OWN=&- 12 AT BB ON$ ` UZ%IZ ITC Steve Har..aritz # � rw t7 2: IN Anthor zed Representative Its Authorized Representative Marling Addres : 654227A Opelo Rd, Shite #1 Kamucla, M 96743 DATUM_ y rs.ssa�z-zbsa.taoossraooni �7 �\� Fee Owners and/or Anglican 's Letter of Authorization Tax Map Key: (3) 6-8-033 013. District of South Kohala Island, County sad State of Hawaii The undersigned are the authormed representative fee owners of and/or applicants for the real properties above•identiEed, and.hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signal in counterparts, each of which shall be considered an original, and the counterparts shrill together constitute one and the same autbonzarion. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: ASLAN AT BSB LLC By"'J As hnlala fat BSB MC Its AXlhorized Representative Its Au tborized Representative Mailing Address: PO Box 1716 Gig Harbor, WA 98335 DATED: 4618$112-2688.1 DOOSSGOOOOI Fee Owners and/orAonliC2nYs Letter of Authorization Tax Map Key: (3) 6-8-033: 014, District of South Kohala Island, County and State of Hawaii The undersigned is the authorized representative fee owners of and/or applicants forthe real property above -identified, and hereby authorizes the lawfirm of Carlsmith Ball, LLP, to applyfor, execute and process any and all County, State and federal governmental permit applications related to the reclasstication of all 49 BSB lots from multi -family to single familyzoning, and to participate on tie undersigned's behalf in proceedings related to said real property, in conjunction with said reclassification. This authorization may be signed in oounterports, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNER: THE HONOKA'OPE BAY TRUST DATED 9/25/00 Je nifer . Friedman, Trustee Authorized Representative Mailing Address: 1100 Alma Street, Suite 210 Menlo Park, CA 94025 DATED: April 9, 2004, Fee Owners and/or ADDIi s Letter of Authorization Tax Map Key: (3) 6-8.033: 016 District of South Kohala Island, Countyand State of Hawaii The undersigned is the authorized representative fee owners of and/or applicants forthe real property above -identified, and hereby authorizes the lawfirm of Carismith Ball, LLP, to applyfor, execute and process any and all County, State and federal governmental permit applications related to the reclasstication of all 49 BSB lots from mind -family to single famlyzoning, and to participate on lie undersigned's behalf in proceedings related to said real property, in conjunction with wild reclassification. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original, OWNER: THE SgAVAVEN TRUST DATeI71- By William L. McClure, Trustee Its Authorized Representative Mailing Address: 1100 Alma Street, Suite 210 Menlo Park, CA 9402.0 DATED: April 9, 2004. Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-033: 017 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process arty and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: STARMON FINANCIAL By`C—� Pinn Brother Construction Its Authorized Representativ �i�,P��,, 7/ Its Authorized Representative Mailing Address: 1475 Saratoga, Suite 250 San Jose, CA 95129 DATED: 4848-8712-2688.1.000SSL-0000 I Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-033: 018 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: TERRANCE & MARILYN LARSEN B Terrance Its Authorized Representative DCC 60�56p Marilyn Larsen Its Authorized Representative Mailing Address: 1344 Sugartown Road Berwyn, PA 19312 DATED: 3/ 6f 4846-8712.2688. L000SSL4)0001 Fee Owners and/or Aunlicantle Letter of Authorization Tax Map Key: (3) & 033: PLO District of South Kohala Island, County and State of Hawaii The undersigned are the authori:md representative fee owners of and/or applicants for the real property above -identified, and hereby authorizes the law lima of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in procciAings related to said real property. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts skill together constitute one and the same authorization A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNER Marathon Properties By Da 5retsvao, Its Authorized Representative Marling Address: 1935 Mountain View Drive Tiburon, CA 94920 DATED: �a l 4vi"191-7440.1.(*=L.00001 C Pee Owners and/or Ano6amt's er of Authorization Tai Map Key: (3) 6-84 33: 021 District of NoathKa Isla Island, County aad State,)f Hawaii The underagned are the authorized repres atative fee owners of and/or applicants for the real properties abr ve-identified, and hen -by author izes tie law firm of Cariswfth Ball LLP, to apply for, execute and process any and all Count r, State and &detal governmental permit applications, and t o participate in prooadings rely bed to said real properties. This authc rization maybe signed in eounk xpw% each of which shall be considered an original, at d the counterparts shall togethc' constitute one and the same authorization A photosu sic or faesmule copy of this ome crud andw izenon shall also be considered as effective std valid as the original O WNEPW: DEXTER & CAROL EARLE Its Audwrized ] tepresentative Mailing Address: PO Bot 611 Bedminster, N7 07921 Dt►TED: --3 -- o .a.wa»..rcea i .aorssr.mm i Fee Owners and/or Analat's Lett :r of Authorization Tax Map Key: (3) 64-0113: 022 District of South Kol,als Island, County and State if Hawaii The under; igned are the authorioxl represe utative fee owners of and/or applicants for the real properties abase -identified, and hereby author zes the law firm.of CarLsiaith Ball LLP, to apply for, execute; and process any and A Cou un , State and federal governmental permit applications, and to 1 participate in proceeibp relal ed to said real properties. This antho, iation may be signed in eountc spurts, each of which shall be considered an original, ani the counterparts shall together constitute one and the same authorization. A phatostaac or facsimile copy orchis exec uted authorization shall also be considered as effective ani valid as the original. OWNERS: DEXTER & CAROL EARLE By�,�--�.._ Dexter Earle ItsAatliorized%elS e;;�= Carol Earle Its Authorized A epresentative Mailing Address: 1201 IArger Cra 1s Rd. PO Box 611 Bedminster, NJ D7921 DATED: 41A M717-2656. L ODO.MSL-MI �0 Fee Owmers and/or Aaollcant's Letter of Authorization Tax Map Key: (3) 64-033: 023 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlswith Ram LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization maybe signed in -counterparts, each of which shell be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: Kehriotiis Family. Trust By Its ACuthorized Representative By %%� , f� Nancy Kebriotis, Trustee, Its Authorized Representative Mailing Address: 100 Saratoga Avenue Suite #300 Santa.C�ara, CA 95051 DATED: it) -- ;t 4848-878,4688.1.000SSt.00001 Fee Owners and/or AvOcant's Letter of Authorization Tax Map Key: (3) 6-8.033: 024 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization maybe signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: BAY COLONY INVESTORS III, INC By _z' _ Alan Pinn Its Authorized Representative /"-/x?)0'-'r-. -ts Its Authorized Representative Mailing Address: 1473 Saratoga Ave, Suite 250 San Jose, CA 95129 DATED: 4948-9712-26x9.L000SSL-* I Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-033: 025 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: CLIVE & CAROL DAVIES Its Authorized Representative Co k�Z � 1c 2 U.� Carol Davies Its Authorized Representative Mailing Address: 1176 Saint Anthony Court Los Altos, CA 94024 DATED: - 49494712 -2688. 1.000SSL40D01 ATED: 4848-8712-2688.1.000SSL40DOl tsr de, LLP. oo permit a This m idered as alhetizadm com.iaeea.. Ta Mop Nor. (3 MUM of Saatk Sabah toad. Cetalr Md $&IVA GMSWI li =w=tsptaeeetalive fie wags of wWm ,mucous u�osixeo daa tae• sm ofcartn" sa Ieoate an process any and all casae): Stateaad fah at wwwompmfal- T in pmoa.da�e related to said real papeaty. be signed is cm*eepat4. each ofurhich !lull be r& op9of dtis —cmAod aoll oeiatim sboll also be eorigiaol. owns: Eaad+ otaoa SbKk sods Ise lea AelkaeierdReplaeaW*e Mo&as Addles: c/o Druce obw PO Bat 1518 Takoe Clef. CA 96145 DAIED. tle-d tv"'d 1,51-1 MUCKt-up+ S13klaYd YS31D-Md aYtt-so f0 -K -W Fee Owners andlor ADDI1Gint's Letter of Authorization Tax Map Key: (3) 6-8-033: 027 District of.iouth Kohata Island, County and Sate of Hawaii The undersigned are the andlmzed mpresenative fee owners ofaadlar applicants for the real properties above -identified, and hcrtby authorizes the law firm of.Carkmith Ball LLP, to apply fur, execute and process any and all County, State and federal govvemumtal permit applications, and to participate m procee-bro related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy ofthis execwed authorization shall also be considered as cf ective and valid as the original. OWNERS*. BRUCE & MOLLY OLSON Byi Brhm Olson- — - - v Its Autlmrb" presentative 1non3l■ Ib Antlwmized epresentative Marling Address: PO Box 1518 Tahoe City, CA 96145 DATED: ! I � 4S49s1:-2M. J.00rssr.omom Fee Owners_and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8.033: 028 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owner of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carh=itb Bal! LLP, to apply for, execute and proccss:any =d all Coutny, State and federal govemmeutal permit applications, and to participate in prviceo&w related to said real properties. This authorization may be signed in cotminrpar M each ofwhich sw be considered an original, and the counterparts s>udl together constitute one and the game authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the origiva., OWNERS: PEDRO & KAREN ARROYO BI Its Awborized Representative Mailing Address: 500 Washington Street San Fntncisce, CA 94111 DATED: Y17d 19!f 0� , 4sas-ett2-26es.i.000s5.ao I Fee owners and/or Applicant's Lelftr of Authorization Tax Map Key: (3),¢$033: 019 District of South Kobals Island, County and State of Bewail The undersigned are the authorized representative fee owners of and/or applicants for the real property above -identified, and hereby authorizes the law firm of Carlsmith Dau LLP, to apply for, execute and process any and ill County, State and federal governmental permit applications,and to participate in proemiings related to said real property. This authorization may be signet. in counterparts, each of which'shaii be considered an original, and the counterparts shall together constitute. one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered ac effective and valid as the original - OWNER: Quarterdeek)C&lty Partners Bye Jon Representative Mailing Address: 1170 Somers Road Los Angeles, CA 90077 DATED. - 49 1 ATED: 481 f" 191.7440. JAY SSL -00O01 Fee Owners and/or Annikan is l.dter of Aathordatioa Tax Map Key: (3) 6.8-033' Dielrictof Sorrth Koula Island, Coanty and State ofHawaii The uodeasigoed are the authorized representative fee owneas of and/or applicants for the real properties above -identified, and hereby authorizes the law fam of Carl mkh Ban. LLP, to apply for, execute and process any acrd all County. State_andlimWal governmental . permitappiimdons, and -to.perticipate inpmcecftp related to -said real properties. This authorization may be signed in countmparis,. each of which shall be considered an original, and' thecouuterparts shall together constitute one and the same sudwrizatiar. A photostatic or facsbac copy offhisexecured auf 6zWm shall also be congderod as effective and valid as the original. OWNERS. 13DWARD &DEBORAH HOROWnZ. B-e-4�. EdwaMHsrowid Ifs AuthorW Representative � WA 4 ✓� Deborah Berowifa Bs Authorized Representative Melling Address: 670 West Ead Avenue, N16D New York,1VX 10025 DATED: l 3 2&-f 41, $08 32,6'2)'1946 rsas.ariz-?M.n.000ss 4MI f: Tax Map Key: (3) 6.0 M tit Distfiee of south J oDhxjn ,glands County and $tube of Hawth The undefaigned ate the autMuized repMadadvo fee ownCte of and/or appHcertb for the real propww above•ideadfiod, and hsyeby au hmizes the law firm ofCarpatnidr Bey LU, to apply foy, execuba sod process any and all Cotmry, &do and federal govemmr awl permit spplicadons, and to pattaclpate in pmxediuga telaoed to said real pnspetty. This authorization may be tipW is cowAmparts. each ofwWob ehalp be considcrcd as original, and the aouatarparte gW together conodm a Otte aad the creme authorization. A Photostatic of facsitt» !0 Capt/ Of thin executed aud)onizatiott shell also be considered as effective and valid as the origual, OWNTtt. 0 688 Eotmprisss 11.0 BY liteptrea Steca he AuWrizea Member Mailing Addreaet ' S40I 5, Soto Street Los Aaaela, CA 900!8 DA7PBDa-_2� e4v-- 73e Board ofAimciors has ageed that this Mmawdon Is in tba bast intareate of all Owna a sad that all rdAW costs to compleft this transaction will be paid far wilt AM& Eros the 49 Sledr Sand Beach Home*+ ncrs Associsfion. Coats twill not bo billed to the MvWual ownwS. 4810.619? 4440.I.O=5L-WW i Tax May Key: MA U 032 DUUTA of Soath YLobala Island, Ceuaty cad Shte of 8■wail The ondorsigned arc the au&zjnd rtparaentative fiat otvaws of au&or epp[ica= for the teal property aboveaidenti&d, and boreby a4wrizoo the lave firm of Carhwaft 13af LLP, to apply tar, execute and process any :std A Co=y, State and federal Bovet moeaW perXdt appllcIdOrs, and to participate in pm"eftp related to said real property. This ou&mizaSon may be signed in octaAmpares, each of whim ahall be eousidered an osigWo% ud the ommterparts itbail together ewnstitute one and cite sante authorization. A photostatic or facsimile coaj of this exomW selkmiution ,cull arae be considered as effwdvo and valid as the odgb aL OWNM 49 BSB FMterprfiW LLC By 9tepb ea shoe Its AotberltW Member Maft& Address: $481 S. Soto Street Lea Angeles, CA 90M DATiDt h/ * The Board of Directors has agreed that this transaction is in rhe best intogM of an Owners trod that all related oasts to complete this tranaacdcm wM be paid for with hinds from the 49 Black Sand Beach Homeowners Association. Coen writ not be bg)W to the hWvidusl ownw. A10.61H-7410.=.0W St,Mt Tax mop 1Cey: M&LUL 033 Diawfat of Soaft Koham Tshmd, Cvautty and Shta of UMAX The undersigned are the wthnized reprs mbdve fee owner of and/or apphc4m for the teal property abowideaad504 and hereby anthorim the law film of Carbadth Ban LI.T, to Apply ft execute and praoaea any and ell County. State and federal xmernmennl permit applications, and to participate in p+oasedmp sW&W to said real pnopedy. Ibis ambo ization inay be sipped in colmterpata, each of wMoh shag be oonsidwW an original, sod the ootmterep" shall tovathm oonsettutim ow and due rams authorization. A photostetie or facAnzide copy of fids executed audxdztdon shall also bs 000sidered as cObccdve ad vetid as the ori". OWNM. 49 BO lrotarprtaaa i ix eT StepAea alae; Its Auftrited Member Ma0hm Address: 5401 S. Soft Street Los Amplas, CA 90018 AATED' 7 Z� • The Saud of Directory has agreed that this twat ion is in the best interests of all Owners and that all related costs to complete this warmaution will be paid for wiih linitis from dhs 49 Bird+ Send Beach, HowaMers Amwdation. Costs will not be Mod to the indivldoal owners. 9010-6101h74103.00oaaL0000I Tart Map KAY: (3) 6.8 033: 1 ])Utrkt ofSOath Kobals Irlxnd, County and Bute of 8awao 'rhe undeWpad are tea authorized relareeentative fee owners of and/or app& for the real property above-idmafied, and hereby wtborim the law firm of Carlstwtb Bao ULP, to apply fnt, exkrte Aad SWW eny and dl County. Sore and hdecxi VVWUmeatal Permit applications, and to participate in proxedit v related to said real propeny. Thio authorization maybe signed in counterparts, each of whicb shall be considered an original, and the co=napww !,j4 together coeadtitte tae sad the acme authorization. A pbotostado or Acsimile cagy of this exw2W mthoti¢a M shell also be considered so effective and valid as the original. OWbII19ae 49 SBH Eaterwhes Lx c By' Stepben Shea lip Auttwrimd Member Mxxlhtg Addreast 5401 S. Soto Street Les Angeles, CA 900-8 DATED; The Hoard of Directors bas agrocd that No transaction is in the best intermts of all Owners sad that all related coats W eo>ityleta Ibis be paid for with foods rmw the 49 Slack Saari Beach Homeowncra Association. Com will not be billed to the individaal owwas. 467"M.1La.1 40nas400am Ta: MAP Ver. (31 II0991 035 District of 5002 KabdS U604 County mad State of Hawa(1 The mWerl ipled are the authorized representative fee owners of an&oc apphosate for the real property above-idonti$od, and hereby axhwizea the law &m of Csrltnft Bell LLP, to apply for,exOMMO and Process any and AD County, Sum and federal Sevemmmgal permit applications, and to participste in pzoceedinga related to said real property. This aarhaaizauon maybe sipped in c&w"puts, each of wbkb 44 be coosidercd art original, end the counterparts shall togdtor conedtma one and rha sane awrhorization. A photostatic or faosimila copy of this cxeoftd audwriznJoa shall also be considered as effied" and valid as dee orioul. OVVNltAx 49 83B Nutwprises B Step►ea Siraa IU Andwrived llL Wxr Ha tng.Addrapr 5401 S. Soap Street Loa An�/p hs, CA 900511 DASD: / t 41 The BOMI of Dizect= has agreed that this nensaction is in dee best iWasste of all Owners and that all delated Costs to oomplete this ftMacliaa will be paid for with &%4 $oat tba 49 Black Sand Swell Hotttrowners Assodatian. Costs v6M not be billed to the individual owzww 4104101.7•40.1400aa6-0000r Tax MAP Ear. MAALU .W Dim Met of South Kobob lsl t nd, County and Stan of Hawait The mader aped arc the authmized reptexatafte fee owns a of and/or app&aots for the real property Above -identified, ad heroby muthadcas the low firm of Carkmith 1!a! UP, to apply for, exeouto and pmoesa any mod all Couatyr State and federal govw mental pennit application; mad to participate in promadinp related to said real pnopei t/ . This auffiori; don tray be sighed in counterparts, each of vVch do be oonsidemd an original, and the omatetpa w shall togethereonstitttto we mad the owns authorization A pbotostada or bedmile copy of This exemamd mAodcadom sball also be conaidwed as oSeodw and vsUd as the ortgirsl. OWNM 49 M Emapritem ULC J� 9reppbm Silas AP Mtthorfssd Member Mautng Address: 5402 & Soto Street Loa 40SAW, CA 90548 DATED: Y ' P/4% . e The Board of Dlreetors Las a8mod that this trattaectiat 1i3 in the befit iaten b ofall Ownen and that ►;I related costa co complete ibis transaction VIII be paid fes with fitttde f M the 49 Bouch Sand Beach Homeownwo AmmoolatiM Cosh will not be belied to the iadtvid W ovcwm te16614h7440 1.OWSSL4M: Tax blap Xty: (3) 6-B Rn s37 Disuset of South ICohda Inland, Coumcy and gtM of Biawad The undwaiped ata the auth3rized tops am dve ibe oaaea orandlor applioa for the seal pro" above idea:i&d, and berahy vAmixes the Im A= of CairLmitb Bala LLP, to apply for. execute and prwM my and W Cotmty, State and faders) govasnatonml permit appJlcOdons, and to pwtcipato is proeeediW reWed to sad m1 ptrpo ty. 'flys authorization may be signed itt eottateMuM each of which shall be eonsidtsed as orfs hul. and the counterparts ;da sogedw eonatlurte one and the same autllorizstiva A pbotostatio of 5esim>7e ooy.v of this aaxuted Aeodrsdon shad also be ,^, mderw as effewvs and Valid as the original. OWNm.- 49 BSB Zaterpeian LLC 8y SYepbm tiles Its Anthoslsad bSembw MuMag Addrews 54019, got* serest Los Amgelest CA 90088 DATBDt 20-7:�1�0 ►Tho Board ofDireown has agreed that this hirci floa is in the beat interests of ad Owvm amd OW all rolated coats to compfue this transaction WM be paid for with limds ftm the 49 nisch Sand Beach Homeowners Ano"am Coats wZ not be billed to the individual macaa. 410-61m.raw. I.omssl.0000t Tax Map Key: (3)frB 033 031 btstriet of Saadi Kohsla hIM14 County and Sade of Ha"ras The uadtnsiped are the autbx ized representadve % owners of W&Or appikaots for tho nal properly above -identified, and hereby aatho e& the law firm of Csrtanatk Bal[ .U2, to apply for, anomic Aad process any old all County, State and federal govemmentat permit appliowioa4 and to pardcipats is praxediap rdead to said real peopcM lids sutharization maybe signed is cow*aW#, Cech ofwhich shall be coosidercd an otiglnst, and the counterparts lba hlpetha 000stlntro one And the ammo wdho*Atioa. A photomide or fawimge cagy of titin aetuted audwriaatiom shell also be considered as affee (vs and valid a the origjaai. OWVARt ODSHEsterpe;..aL1C ' H7 66spb" sines 'IU Autherbvd Maabar Matlisg Address 6101 S. gots SUa:t Lm Anzdci6 CA 90058 UATM.- t LZ z c • The Hoard ofee Dittwt has agreed that this biwaction is in the best interests of all Owners and that at) rcLved costa to complete We traaacdoa w411 be paid fur with Prods from the 49 Black Sand Beach Romae Wners Association. Costa x7,11 not be billed to the individual owners, alas w�.yew.t,000aewcoe i T IDA Tax Map Key: (3)_6LD33r = DbWd of Soath Kohala Island, Comfy and State of Hawaii The undersigned ars the audwi„ed rgxrscatativti fee owners of and/or epplwaab for the real propeay above-ldsatti 4 and bemby suitorixes the law firm of cubwith Rau LLP, to apply for, exxnte and process any and all County, State and federal gevemmental paatoit applications, and to participate in prowedinip related to said rear property. This uuhasiz&on may be signed in mztwpatt% each of which shell be considered an orlgirtal, and do oo=WpOM shall eogafher caneti4ne one and the soca* authorization. A photostatic or facsimile cope of ft ex«mted sutWxation *ball also be considered as oftdvs and valid as dee origbtal. OW,NML- • 49 BU Xutarprises LLC Or By stephee o Ds Authormd Mesebsr .M$J mt Addnu. $401 S. Soto Store Les Antsles. CA 99058 DAST1ZDr 4117— 3Po j",- * The Board of Diremors has asmod that thio truuection is is the beat hAwasts of all Owners sod tbat sU related costa to complete this ttaruaction *rill be paid for with fimde Som the 49 Blade Sand Baeh Homeowners Association Costs will not be billed to the individual owners. 411"M -744 LWOUL400t Tax Map Km (3) U 0Slr M District o(soath Keftab ffiand, County and St%U of Sitwell The undersigned are the authcaizod rcproantative fee owners of and/or applicants for the real property above -identified, and M7eby suthptizes die law grafi of Corlswith Bas LLF, to apply lbr, execute and process eery sod all County, State and fedatad govetnmaugi permit applications, and to participate in prweediapa rdaw to said roe! property. This authorization may be siloud in eotx wpsrt% each of which shall be considered an original, and the countwpatts Sheri topdw omwdtnte ono and the same trodkodzation. A photostatic or facsimile oopy,of dais wemad authotizetion snail also be considered as effective and valid m the oiiglaaL OWNER 49 MW Baterprhes LLC by Its Audww sld Member Mailing•Addreasr 5401 S. Soto Street Loa Angela, CA, 90058 DATED:...,... ' The Board of Dbwots has agreed that this trsnsactiou is in the best intaresta of all Owners and that all related costs to complete this transaction will be paid ft with *WU fro= the 49 Black Sand Bach Homeowners Association. Costa will not be billed to the individual ownsrs. 41)04191.74$0. I.OWSSZAWr Tax h'I+p VW M, &J on, o4i Dbt rm of Sawk Kabala island, County and Stab of Havia The uoderaiFW arc the nut niud nal svbdve t'ae owners of andior appacauts for the reel proppty above-identified4 and hateby atttborlue to law Sem of Carlsmtrh 1144 MP, to apply fnr, ox*=c and process any and all Cowatty, State and fu*W govetrtmental permit applications, and to participate in prmmedings related to said real property. This w9horizadon may be staved It co mterparts, each of whish aQtatl be conAdearsd an original, and the couuugmrts shall to9whw coostitwe we and the aame auth=tation. A photostatic or tLoeimile copy ofddm ezcaued •taborization 04 also be oonsldered as effective and valid as tho odgkmL OWNfl'it: sq BA9 Rtaesrprhp 9:;t . SY Stephen MWM Its AntiortW.Measber Milibig Address; 5401 S. Sato straat Lai Angers. CA. 90M DATED: * The Hoard of birectorc bas agreed tbat tbb trrnsacdon is in the beat hgarwts of all OwMM sad that all related costs to complete thio transttetiosi will be paid for with funds fits the 49 Block Sand Scach Homeowners Aaaociatim Cosmo will not be billed to the Iridlvidaal owners. 4a1i4S9)-WO.l Aaeaarn10aa1 Fee Owners and/or Applicant's Letter of AuthorigAtion Tax Map Key- (3)_j8-033:1146 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above-identificd, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS! Michael and Sandra Davis By Michael Davie Its Owner Andra Davie Its Owner Mailing Address: 6711 Shire Circle Huntington Beach, CA 92648 DATED: ,i12 -aa -low_ 4R484712.268e. I.O WLO000I Fee Owners and/or Annlicant's Letter of Authorization Tax Map Key: (3) 6-8-033: 047 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization- A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: SANDRA PIERCE By Sandra Pierce Its Authorized Representative Its Authorized Representative Mailing Address: 68-1095 Honokaope Pl. Kohala Coast, HI 96743 DATED: 9- 3/- 0 y 4648-6712-2688. 1.000SSL40001 Fee Owners and/or Anuli :ant's Letter of Authorization Tax Map Key: (3) 6-S 033.044 District of South Kohala Island, County .wd State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real property above -identified, and hemby authorizes the law Sam of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shrill together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNER: Roderick and Levan! Hamel r BY Roderick Hamel, ZAutrized Representative Byamel Its Authorized Representative Mailing Address: 68-1375 Pauoa St E-1 Kamuela, HL 96743 DATED: Post$' Fax Note 7671 Oaf To u f, Fran �a_ COA)W / Co Phan r phone* Feng / �. /.Pl✓ Fane it F�Owners and/or Ap >�mt's Letter of Authorization Tax Map Key: (3) 6-8-033: 045 District of South Kohaltt Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and herby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an ori&W, and the counterparts shall together oomtitutc one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: JAN E NIELSEN TRUST By �L ��-- JOJE. Nielsen, Trustee 11WAuthorked Representative its Authorized Representative Mailing Address: 1435'► horizon Court Powt1fy, CA 92064 4848-e712-26sa.iMSM-00MI TXN MP Itisyt d)AA nes"(W Dratrtct of sottth KOhaln blmd, Cannty and State of SawrA The tmders9gied are the autha ud reptesmtadve fee owners ofand/or applicants &r &e real property abow4dentifted, and haeby W&o*a die law time of'Corlamhh Na LLP, to apply tbf, mom and process any and all Covay, Stabs and federal govemme d permit applicatiom ad to participate in pav� Maw to said real ptopaiy. Me autborizadon may be sipad in ammtesputs each of wbioh ahall be oonsidered an oriSi A, and the countctputs shall toSatber comdum ox and the same PAmizadm A pbnfastadc of facsWe QOff of this ext OtAd aathosiastiou shall 4180 be considered ae cSW4va sad valid as the oaginal. OWNM: 49 MR EnteeprbH Ei .-- staphe0 stm Ils AvdLo ti od Membar Mafta Address: 5491 S. $oto Street Los Angeles, CA 999S9 • no Board of D ectora has agreed dist this trweaction is in tho beat interests of all Owners and that an m4icd amts to complae this Ow mesion MD be paid for witb tltndo fi m the 49 BI%* Sand Bosch homeowners Asaociadm Coats Will not be billed to tine individual owneta. 4104191-7440 IhWS 5t4 W 0 ; Talr Map lGe3z Diettlet of Sontlt ICohaht IsIondr Comity and State of Hewag no uadersignod am the autb xdzed rspmedadve fie owners of and/or RTH*aats for rhe maiyroperty above iderMed, and busby aartborizes dw low firm of Co rlaxa tL Ban LLP, to apply ecce and process any and all County, Stab and loderal govor menW permit appileaBone, and to participate in pomddngs related to said real property. Ibis authorization may be siped in oountapats, aeeL of which shall be eoaridemd an vngiaal, and the couaterparts mall topdw ootttlitua owe and the same an4wrin ica. A pbotostetio or facsimile ccV.y of tbde wwoated sudwrluBon Shall also be eoaddamd as dfcctive and valid as the orlghuul. OtVNaC b 49DW issS 7, DY .. supbeirsbcs Its A9tbortSad IMembor Mailing Address: 3141 S. Soto Suvat Loa Angeles, CA 90056 DATXD !Z/, ./ �I • 7be Dowd of Diroatots bw aproed that rids tranucft is in the best intumb of all Ownars wad that Sri related costa to complow thio b msecdoit will be paid fat' with 11mds tom the 49 $leak Sand Beach Hompowmers Association. Costs w1Tl net be billed to ttia indlfidaal ownsm 4tI"I PI'?WJ,W3ZL-0OW$ Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-033.048 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: RICK & BARBARA GREEN By ;ck 6Green Its Authorized Representative Barbara Green Its Authorized Representative Mailing Address: 68-1097 Houokaope Pl. Hale Malaama Kohala Coast, HI 96743 DATED: •919 0 1 1499 1 d QQT 19VP11 Fee Owners and/or Apo nits Leber of Authorization Tax Map Key: (3) 648-M. 049 District of South Kohala bland, County and State of Hawaii The undersigned are the authorimd representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carkwith Bap LLP, to apply for, execute and process any and :ill County, State and federal gove'nmeutat permit applications, and to participate in proee&hugs related to said real properties. . This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: B" BORKAN BI Its ItA brined Representative Its Autb orized Representative Mailing Address: 3242 NE me Street Miami Beach, FL 33760 48588712.2688. I .DSDSSL 4)M I Regional Location Map of Property EXHIBIT B 41 1 [lt. " J T P u z�V=u.aZN -matt % Q C Y •� t ti .U» u ` .. j � t < o 4 1 / tp �� Nt , e� 10 4; 9 � rA s4 C 0 •> a w I H�y l� T P u z�V=u.aZN -matt % Q C Y •� t ti .U» u ` .. j � t < o 4 1 / �� Nt , s4 C 0 •> a w I W cc v .. q i O ��Wyy G A Y 1t 8 i a rW u A I C W T P u z�V=u.aZN -matt % Q C Y •� t ti .U» u ` .. j � t < o 4 Tax Map Key map of existing Subdivision EXHIBIT C :3 u d e � o <<oa } mm } \ ! � as � ! } Copy of Recorded CC&R'S, Section 15.4(a) relating to one dwelling unit per parcel EXHIBIT D LAND COURT SYSTEM 1c After Recordation, Return by Mail () Pickup ( ) R -7R4 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED JUL 37, 1QQ9 17:00 AM Dort No(n) 49-120045 /g/CARL T. WATANABR. ACTING REGISTRAR OF CONVEYANCES CASE BIGELOW & LOMBARDI (SDR) 737 Bishop St., Suite 2600 Honolulu, Hawaii 96813 Total Pages 69 I Tax Map Key No.: (3) 6.8-22:38 49 BLACK SAND BEACH AT MAUNA LANI DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS TABLE OF CONTENTS Pam Article I Definitions............................................................. Section 1.1 Incorporation of Definitions ....................................... Section 1.2 Access and Utility EasementArea(s)................................ Section 1.3 Archaeological Feature(s)......................................... Section 1.4 Articles of Incorporation or Articles ................................. Section 1.5 Assessment Lien ............................................... Section 1.6 Assessments................................................... Section1.7 Association................................................... Section 1.8 Association Land ............................................... Section 1.9 Association Rules ............................................... Section 1.10 Beach Club .................................................. Section 1.11 Benefitted Expenses ............................................ Section 1.12 Board of Directors or Board ...................................... Section1.13 Building ..................................................... Section1.14 Bureau ...................................................... Section1.15 Bylaws ...................................................... Section1.16 Coastal Trail ................................................. Section 1.17 Common Areas ............................................... Section 1.18 Common Expenses ............................................ Section 1.19 Community Design Committee or CDC ............................ Section 1.20 Community -Wide Standard ...................................... Section1.21 County ..................................................... Section 1.22 Developer ................................................... Section 1.23 Declaration .................................................. Section 1.24 Design Documents ............................................ Section1.25 Design Guidelines ............................................. Section 1.26 Dwelling Unit ................................................ Section 1.27 Excavation ................................................... Section 1.28 File Plan .................................................... Section 1.29 Final Transition Date ........................................... Section1.30 First Mortgage ................................................ Section 1.31 First Mortgagee ............................................... Section 1.32 Improvement ................................................. Section1.33 Lot ......................................................... Section 1.34 Majority ..................................................... Section 1.35 Master Association ............................................. Section 1.36 Master Declaration ............................................ Section 1.37 Master Design Guidelines ....................................... Section 1.38 Mauna Lan iResort ............................................. Section 1.39 Member ..................................................... 26015\3%158478.5 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 5 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 I� . Section 1.40 Membership ................................................. Section 1.41 Mortgage .................................................... Section 1.42 Mortgagee ................................................... Section 1.43 Mortgagor ................................................... Section1.44 Occupant ................................................... Section 1.45 Owner or Lot Owner ........................................... Section1.46 Person ...................................................... Section 1.47 Plot Plan(s)................................................... Section 1.48 President .................................................... Section 1.49 Private Roads ................................................. Section 1.50 Project ...................................................... Section1.51 Property ..................................................... Section 1.52 Public Access Plan ............................................. Section 1.53 Record, Recorded, Recording, Recordation .......................... Section 1.54 Recreational Facilities .......................................... Section1.55 Single -Family ................................................ Section 1.56 Special Use Fees .............................................. Section 1.57 Subdivision Map .............................................. 6 6 7 7 7 7 7 7 7 7 7 7 7 8 8 8 8 8 Article II IStatement of Purpose and Imposition of Covenants ............................... 8 . Article III PropertyRights.......................................................... 9 Section 3.1. Owners' Right of Enjoyment ..................................... 9 Section 3.2. Delegation of Use ............................................ 10 Section 3.3 Waiver of Use ............................................... 10 Section 3.4 Indemnification for Use of Association Land ........................ 10 Section 3.5 The Francis H. Ii Brown Golf Courses ............................. 10 Article IV Master Declaration and Master Association .................................... 10 Section 4.1 Master Declaration ........................................... 10 Section 4.2 Membership in Master Association ............................... 11 Section 4.3 Voting Rights ................................................ 11 Section 4.4 Compliance ................................................. 11 Article V Owners Association..................................................... 11 Section 5.1 Purpose of Association ........................................ 11 Section 5.2 Articles and Bylaws ........................................... 11 Section 5.3 Board of Directors and Officers .................................. 12 Section 5.4 Duties and Obligations of the Association .......................... 12 go Section 5.5 Powers and Authority of the Association ........................... 13 Section 5.6 Association Rules ............................................. 14 2601513\158478.5 ii �1 . Section 5.7 Indemnification .............................................. 15 Section 5.8 Non -Liability of Officials ........................................ 15 Section 5.9 Duty to Accept Association Land and Common Areas ................. 15 Section 5.10 Litigation ................................................... 16 Article VI Membership and Voting .................................................. 16 Section 6.1 Membership in Association ..................................... 16 Section 6.2 Membership Classes ........................................... 17 Section 6.3 Transfer of Membership ........................................ 17 Section 6.4 Membership Rights and Duties ................................... 17 Section6.5 Voting ...................................................... 18 Section 6.6 Proxies ..................................................... 18 Section 6.7 Pledge of Voting Rights as Security ................................ 18 Section 6.8 Developer's Control of Association ............................... 18 Article VII Assessments........................................................... 19 Section 7.1 Creation of Lien and Personal Obligation ........................... 19 Section 7.2 Purpose of Assessments ........................................ 19 Section 7.3 General Assessments .......................................... 19 . Section 7.4 Special Assessments ........................................... 20 Section 7.5 Benefitted Assessments ......................................... 20 Section 7.6 Capital Improvement Assessments ................................. 21 Section 7.7 Master Association Assessments .................................. 21 Section 7.8 Rate of Assessment ............................................ 21 Section 7.9 Date of Commencement of Assessments ........................... 21 Section 7.10 Developer's Assessment Obligations .............................. 21 Section 7.11 Time and Manner of Payment; Late Charges and Interest .............. 22 Section 7.12 No Offsets ................................................. 22 Section 7.13 Reserves ................................................... 22 Section 7.14 Certificate of Payment ........................................ 22 Section 7.15 Rules Regarding Billing and Collection Procedures .................. 23 Section 7.16 Enforcement of Lien .......................................... 23 Section 7.17 Pledge of Assessment Rights as Security ........................... 23 Article VIII Maintenance........................................................... 23 Section 8.1 Common Areas ............................................... 23 Section 8.2 Owner's Responsibility ......................................... 25 Section 8.3 Standard of Performance ........................................ 25 Section 8.4 Assessment of Certain Costs of Maintenance and Repair of the Common Areas 25 Section 8.5 Improper Maintenance and Use of Lots ............................. 25 10 Section 8.6 Maintenance of Unimproved Lots ................................. 26 Section 8.7 Rights of Common Area Access and Maintenance ..................... 26 26015U\7 56478.5 i i i Section 8.8 Dedication of Common Areas ................................... 26 Article IX Security............................................................... 26 Section 9.1 General Security .............................................. 26 Section 9.2 Security for Individual Lots ...................................... 27 Section 9.3 Right of Entry ................................................. 27 Article X Insurance............................................................. 27 Section 10.1 Authority to Purchase ......................................... 27 Section 10.2 Non -Liability of Association, Board and Officers .................... 28 Section 10.3 Premiums .................................................. 28 Section10.4 Insurance Claims ............................................ 28 Section 10.5 Benefit .................................................... 28 Section 10.6 Provisions Common to Association Insurance ...................... 28 Section 10.7 Annual Insurance Review ...................................... 29 Section 10.8 Individual Insurance .......................................... 29 Article XI Damageand Destruction of Common Areas ................................... 30 Section 11.1 Duty of Association to Restore and Repair ......................... 30 Section 11.2 Decision Not to Restore or Repair ............................... 30 Section 11.3 Excess Insurance Proceeds ..................................... 30 Section 11.4 Use of Reconstruction Assessments .............................. 30 Section 11.5 Insurance Proceeds Trust ...................................... 30 Article XII Eminent Domain........................................................ 31 Section 12.1 Definition of Taking .......................................... 31 Section 12.2 Representation in Condemnation Proceedings ...................... 31 Section 12.3 Award for Association Land .................................... 31 Article XIII Rights of Mortgagees..................................................... 31 Section 13.1 General Provisions ........................................... 31 Section 13.2 Subordination of Lien ......................................... 31 Section 13.3 No Personal Liability ......................................... 32 Section 13.4 Enforcement After Foreclosure Sale .............................. 32 Section 13.5 Exercise of Owner's Rights ..................................... 32 Section 13.6 Subject to Declaration ........................................ 32 Section 13.7 Notices of Action ............................................ 33 Section 13.8 Other Provisions for first Mortgagees ............................. 33 10 Section 13.9 Applicability of Article XIII ..................................... 33 Section 13.10 Failure of Mortgagee to Respond ................................ 33 26015\3\15e478.5 iv Article XIV Architectural and Landscape Control; Design Guidelines ......................... 33 Section 14.1 Architectural Control ......................................... 33 Section 14.2 Design Guidelines ........................................... 34 Section 14.3 Individual Lot Plot Plans ....................................... 34 Section 14.4 Building Envelope and Setbacks . ................................ 34 Section 14.5 Grading and Lot Drainage ..................................... 35 Section 14.6 Building Coverage ........................................... 35 Section 14.7 Architectural Character ........................................ 36 Section 14.8 Guest Houses ............................................... 36 Section 14.9 Existing Pad and Finished Floor Elevations ......................... 36 Section 14.10 Building Height ............................................ 36 Section 14.11 Minimum Dwelling Size ...................................... 36 Section 14.12 Garage, Guest Parking ....................................... 37 Section 14.13 Roof Materials, Color, Pitch and Eaves ........................... 37 Section 14.14 Exterior Materials and Color ................................... 37 Section 14.15 Driveways ................................................ 38 Section 14.16 Fences, Walls, Hedges and Enclosures ........................... 38 Section 14.17 Utility Service .............................................. 38 Section 14.18 Gas ...................................................... 39 Section 14.19 Section 14.20 Pools .................................................... Artificial Vegetation, Exterior Sculpture, and Similar Items ............ 39 39 Section 14.21 Energy Conservation Equipment ................................ 39 Section 14.22 Excavation ................................................ 39 Section 14.23 Continuity of Construction .................................... 39 Section 14.24 Supplementary Standards and Guidelines ........................ 39 Section 14.25 Fee Assessment ............................................. 40 Section 14.26 Authority ................................................. 40 Section 14.27 Non -liability for Approval of Drawings and Specifications ............ 40 Section 14.28 Inspection and Recording of Approval ........................... 40 Section 14.29 No Waiver of Future Approvals ................................ 41 Section 14.30 Right of Removal ........................................... 41 Section 14.31 Development by Developer ............................ :...... 41 Article XV UseRestrictions......................................................... 41 Section 15.1 Hazardous Materials .......................................... 41 Section 15.2 Property Restrictions .......................................... 42 Section 15.3 Rezoning .................................................. 42 Section 15.4 General Covenants, Conditions, Restrictions and Easements ........... 42 Section 15.5 Restriction on further Subdivision and Consolidation ................ 45 Section 15.6 Coastal Trail; Archaeological Features ............................ 45 10 Section 15.7 Zoning Classifications ......................................... 45 990716 26015\3\158478.5 v Page 11 . Article XVI Easements............................................................. 46 Section 16.1 Recorded Easements .......................................... 46 Section 16.2 Utility Easements ............................................ 46 Section 16.3 Maintenance Easement ........................................ 47 Section 16.4 Drainage Easement ........................................... 47 Section 16.5 Additional Easements and Licenses .............................. 47 Section 16.6 Easements for Encroachments ................................... 47 Section 16.7 Public Easements ............................................. 48 Section 16.8 Easement Over Private Roads ................................... 48 Section 16.9 Access and Utility Easement Areas ............................... 48 Section 16.10 Easement in Favor of Tokyu.................................... 48 Article XVII Recreational Facilities.................................................... 49 Section 17.1 Recreational Facilities ......................................... 49 Section 17.2 Costs of Maintenance and Upkeep ............................... 49 Section 17.3 Rights Reserved to Developer ................................... 49 Section 17.4 Rights of the Association ....................................... 49 Article XVIII . Rezoning of the Property .................................................. 49 Article XIX SewerSystem.......................................................... 50 Article XX Rights and Reservations................................................... 50 Section 20.1 Reserved Rights ............................................. 50 Section 20.2 Developer's Rights to Use Common Areas in Development, Promotion and Marketing of the Property ...................................... 50 Section 20.3 Developer's Rights to Complete Development ...................... 51 Section 20.4 Developer's Rights to Change Subdivision Map, File Plan . ............ 51 Section 20.5 Developer's Rights Incident to Construction ........................ 51 Section 20.6 Construction at or Adjacent to Project and Access ................... 52 Section 20.7 Transfer of Developer's Rights .................................. 52 Section 20.8 Coastal Trail; Archaeological Features ............................ 52 Section 20.9 Withdrawal of Property ....................................... 52 Section 20.10 Reserved Right in Favor of Tokyu ............................... 52 Section 20.11 Developer's Rights Related to the Realignment of the Access Road ...... 53 Article XXI goDeveloper's Disclaimer of Representations .................................... 53 99-0716 26015\3\158478.5 vi Pace vi I . Article XXII Limitation on Liability .................................................... 53 Section22.1 Developer ................................................. 53 Section 22.2 Mauna Lani Entities .......................................... 54 Article XXIII Resort -Related Activities; Shoreline Hazards ................................... 54 Section 23.1 Resort -Related Activities ....................................... 54 Section 23.2 Shoreline Hazards ........................................... 54 Article XXIV Amendment........................................................... 55 Section 24.1 Amendment to Declaration .................................... 55 Section 24.2 Effect of Amendment ......................................... 55 Section 24.3 Required Approvals .......................................... 55 Section 24.4 Requested Amendment; Legislative Change ........................ 56 Article XXV Term; Termination...................................................... 56 Article XXVI General Provisions ........................................ 56 Section 26.1 Notice ... ..... ......56 Section 26.2 Captions; Construction ........................................ 57 Section 26.3 Severability ................................................. 57 Section 26.4 Rule Against Perpetuities ...................................... 57 Section 26.5 Mortgage of Lots ............................................. 57 Section26.6 Power of Attorney ........................................... 57 Section26.7 Gender .................................................... 58 Section 26.8 Interpretation ............................................... 58 Section 26.9 References to Declaration in Deeds .............................. 58 Section 26.10 Incorporation of Exhibit ...................................... 58 Section 26.11 Rights of Enforcement ........................................ 58 scans 26015\3\158478.5 vl I pap vii 10 49 BLACK SAND BEACH AT MAUNA LANI DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS THIS DECLARATION Of COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS (this "Declaration") is made as of July 13, 1999, by SEA CLIFF DEVELOPMENT, LLC, a% Delaware limited liability company ("Developer"). Developer is the owner of that certain real property located in the County of Hawaii, /State of Hawaii, described in Exhibit "A" attached hereto. Developer desires to develop the Property (as defined in Section 1.51) as a first-class residential subdivision, and intends by this Declaration to impose upon the Property certain covenants, conditions, restrictions and easements under a general plan of development in order to provide a flexible and reasonable procedure for the overall development of the Property. Developer further intends by this Declaration to provide and establish a method for the administration, maintenance, preservation, use, regulation and enjoyment of the Property and the Project (as defined in Section 1.50). Article I Definitions Defined terms appear throughout this Declaration with the initial letter of each such term capitalized. Unless the context clearly requires otherwise, the terms set forth in this Article I and used in this Declaration are defined and/or described as set forth below, provided, however, that this Article I may not include all the defined terms used in, or incorporated into, this Declaration. Section 1.1 Incorporation of Definitions. Each of the defined terms contained in Article I and elsewhere in that certain Declaration of Covenants and Restrictions (Mauna Lani Resort Association) dated June 3, 1982, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii as Document No. 1120889 and also recorded in the Bureau of Conveyances of the State of Hawaii in Liber 16425 at Page 203, as amended and restated in its entirety by Fourth Amendment to the Mauna Lani Resort Association Declaration of Covenants and Restrictions dated January 8, 1987, recorded on January 18, 1987 in the Office of the Assistant Registrar of the Land Court of the State of Hawaii as Document No. 1432988 and also recorded in the Bureau of Conveyances of the State of Hawaii in Liber 20284 at Page 384, and as further amended from time to time (the "Master Declaration"), unless separately defined in this Article I of this Declaration, is incorporated into this Declaration by this reference. In the event any of the terms defined in the Master Declaration are otherwise defined in this Declaration, the definition contained herein shall control in the interpretation of this Declaration (but shall not affect the Master Declaration) notwithstanding any provision to the contrary, including Section 4.1, contained in this Declaration. Any defined term preceded by the term "Master Declaration" shall refer to and describe the term defined as set out in the Master Declaration, independent of the term as defined in this Declaration. 940716 26015\3\158478.5 Page 1 . Section 1.2 "Access and Utility Easement Area(s)" means and refers to those areas, if any, designated as "Access and Utility Easement' on the Plot Plans or pursuant to the Design Guidelines. Section 1.3 "Archaeological Feature(s)" means the burial site(s) and other items or areas of archaeological significance and preservation status, if any, affecting or which may affect portions of the Property, as shown on a Plot Plan, or by professional archaeological survey of the Property, or portions thereof, approved by Developer and, if applicable, the County. Section 1.4 "Articles of Incorporation" or "Articles" means the Articles of Incorporation of the Association, as filed or to be filed with the Director of the Department of Commerce and Consumer Affairs of the State of Hawaii, as such Articles may be amended from time to time, or any successor thereto. Section 1.5 "Assessment Lien" means the lien created and imposed by Section 7.1. Section 1.6 "Assessment's" include the following: 1.6.1 "Benefitted Assessment" means the amount which is levied and assessed against Lots receiving benefits, items or services provided to less than all Lots within the Property, as provided in Section 7.5. 10 1.6.2 "Capital Improvement Assessment" is defined in Section 7.6. 1.6.3 "General Assessment" means the amount which is levied and assessed each year against each Lot to fund the actual and estimated costs and expenses of the Association applicable to all Lots within the Property, as provided in Section 7.3. 1.6.4 "Master Association Assessments" means those assessments that are owed and payable to the Master Association pursuant to the Master Declaration, as referenced in Section 7.7. 1.6.5 "Reconstruction Assessment" is defined in Article 11.1. 1.6.6 "Special Assessment" means the amount which is levied and assessed against a Lot for the purpose of enforcing the provisions of this Declaration and/or the Design Guidelines against an Owner or such Owner's Lot as provided in Section 7.4. Section 1.7 "Association" means the 49 Black Sand Beach at Mauna Lani Owners Association, its successors and assigns. Section 1.8 "Association Land" means such part or parts of the Property and such Improvements thereon, and other real or personal property, in which the Association at any time and 10 from time to time owns an interest. Such interest may include, without limitation, estates in fee, leaseholds or easements. 99-0715 26015\3\158478.5 Pare 2 ® Section 1.9 "Association Rules" means the rules and regulations, if any, adopted by the Association pursuant to Section 5.6. Section 1.10 "Beach Club" means the Improvements, facilities, amenities and appurtenances, including any related parking area(s), comprising the 49 Black Sand Beach Club (or similarly constituted facility), to the extent conveyed to the Association as Association Land or included in the Common Areas. Section 1.11 "Benefitted Expenses" means the actual and estimated costs and expenses of the Association that are incurred upon the request of the Owner of a Lot for specific items or services relating to the Lot or such Owner, or that are incurred or anticipated to be incurred by the Association pursuant to this Declaration for providing specific items or services relating to or benefitting less than all Lots within the Property or less than all Owners, as determined by the Board pursuant to Section 7.5. Section 1.12 "Board of Directors" or "Board" means the Board of Directors of the Association, being the body responsible for the administration of the Association. Section 1.13 "Building" shall mean a building or structure constructed on a Lot or on any portion of the Common Areas. Section 1.14 "Bureau" means the Bureau of Conveyances of the State of Hawaii. 10 Section 1.15 "Bylaws" means the Bylaws of the Association adopted in accordance with the Articles, as amended from time to time. Section 1.16 "Coastal Trail" refers to the lateral shoreline access trail described in the Public Access Plan, as and to the extent affecting portions of the Property, being located approximately along and within Easement 4 shown on the File Plan. Section 1.17 "Common Areas" means all real property, together with the Improvements or amenities thereon, and personal property in which the Association now or hereafter holds any interest for the common use and enjoyment of all or any group of Owners, together with those areas that the Association is responsible for maintaining and/or operating pursuant to this Declaration or pursuant to a separate agreement. Section 1.18 "Common Expenses" means the actual and estimated costs incurred or anticipated to be incurred by the Association in administering, maintaining and operating the Common Areas, and in owning, leasing, operating or maintaining any portions thereof, including, but not limited to, the following: (a) Maintenance, management, operation, repair and replacement of the Association Land and the Common Areas, including the Private Roads and the Recreational Facilities, and all other areas in the Property that are managed or maintained by the Association; rwns 26015\31158478.5 Pak 3 . fb) Unpaid Assessments; (c) Maintenance by the Association of areas within the right-of-way of any public or private streets or other areas in the vicinity of the Property which may be provided for in this Declaration or pursuant to agreements with the County or Developer, (d) Management and administration of the Association; (e) Utilities and services and related matters, including, but not limited to, water, electricity, gas, sewer, cable television, trash pick-up and disposal, which are provided to the Association or the Common Areas, landscaping maintenance and other services which generally benefit and enhance the value and desirability of the Property and which are provided to or for the benefit of the Association; (f) Insurance maintained by the Association as required or permitted herein; (g) Reasonable reserves for contingencies, replacements and other proper purposes, to the extent deemed appropriate by the Board; (h) The costs which the Board elects to incur to bond the members of the Board, officers of the Association, any professional managing agent or any other person handling the funds of the Association; (i) Taxes paid by the Association; Q) Amounts paid by the Association for discharge of any lien or encumbrance levied against the Common Areas or portions thereof, (k) The costs incurred by any committees established by the Board; (1) The costs of security guards and any other security systems or services installed, operated or contracted for by the Association (including without limitation patrols for the Common Areas), as provided in Section 9.1, but excluding the cost of security service, if any, to individual Lots as described in Section 9.2; and (n) Other expenses incurred by the Association for any reason whatsoever in connection with the Common Areas, or the costs of any other item or items designated by, or to be provided or performed by the Association pursuant to this Declaration, the Articles, Bylaws, Association Rules or Design Guidelines, or in furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association. Section 1.19 "Community Design Committee" or "CDC" means the Mauna Lan! Resort Community Design Committee established pursuant to Article V, Section 4 of the Master Declaration. "0715 2601513\158478.5 Pap 4 . Section 1.20 "Community -tide Standard" means the standard of conduct, construction, maintenance, repair or other activity generally prevailing throughout the Project, and consistent with a first-class residential community. Such standard may be more specifically determined and set forth by the Board. Section 1.21 "County" means the County of Hawaii. Section 1.22 "Developer" means Sea Cliff Development, LLC, a Delaware limited liability company, and its successors or assigns. A Person shall be deemed a successor and/or assign of Developer for purposes of this Declaration only if specifically so designated in a duly Recorded written instrument as a successor or assign of Developer under this Declaration, and such Person shall be deemed a successor or assign of Developer only as to the particular rights or interests of Developer under this Declaration that are specifically designated in the Recorded written instrument. Any such instrument may be limited to specific rights of Developer hereunder and be subject to such conditions and limitations as Developer may impose in its sole and absolute discretion. Section 1.23 "Declaration" means this instrument, as it may be amended from time to time. Section 1.24 "Design Documents" means the Master Declaration, the Master Design Guidelines, this Declaration and the Design Guidelines. 10 Section 1.25 "Design Guidelines" means the rules, regulations, restrictions, architectural and construction standards and design guidelines governing improvements to the Property, as set forth in Article XIV of this Declaration, and such supplementary standards and guidelines as may be adopted by Developer or the Board pursuant to Section 14.24. Section 1.26 "Dwelling Unit" means any Building or portion of a Building situated upon a Lot designed and intended for use and occupancy for Single -Family residential purposes and includes guest houses and servants quarters. Section 1.27 "Excavation" means any grading of the surface of the land or any disturbance of the surface of the land, except temporary disturbances for planting approved vegetation, which results in the removal of earth or rock or other substance to a depth of twelve inches below the natural surface of the land. Section 1.28 "File Plan" refers to the file plan for the Project, being File Plan No. 2246 recorded in the Bureau of Conveyances of the State of Hawaii, as may be amended by Developer in accordance with this Declaration. Section 1.29 "Final Transition Date" means that date set forth in Section 6.8 on which Developer's control of the Association terminates. Section 1.30 "first Mortgage" means a Mortgage held by an institutional lender, which 10 is the first and most senior of all Mortgages upon the same property. 99OIU 2601 SU\15a47a.s Pare 5 f . Section 1.31 "First Mortgagee" means the holder of a First Mortgage. Section 1.32 "Improvement" means buildings, parking areas, loading areas, fences, walls, hedges, plantings, poles, driveways, ponds, lakes, signs, changes in any exterior color or shape, Excavation and all other site work, including, without limitation, grading, road construction, utility improvements, removal of trees or plantings and so forth, and any new exterior construction or exterior improvement which may not be included in the foregoing. "Improvement" does not include turf, shrub, or tree repair or replacement of a magnitude which does not change exterior colors or exterior improvements. "Improvement" does include both original improvements and all later changes and improvements. Section 1.33 "Lot' means any area of the Property, whether developed or undeveloped, which is designated as a residential lot on the File Plan, the Subdivision Map, or any other subdivision map or file plan Recorded by or with the consent of Developer. Section 1.34 "Majority" means those votes, Owners, Members, or other group, as the context may indicate, totalling more than 50% of the total eligible number. Section 1.35 "Master Association" means the Mauna Lani Resort Association, a nonprofit corporation, and its successors for similar purposes, as described in the Master Declaration. Section 1.36 "Master Declaration" means that certain Master Declaration described 10 at Section 1.1 of this Declaration. Section 1.37 "Master Design Guidelines" means the rules, regulations, restrictions, architectural and construction standards and design guidelines applicable to the design and construction of improvements to residential property within the Mauna Lani Resort, including the Property described in this Declaration, pursuant to Article V of the Master Declaration, as amended from time to time. Section 1.38 "Mauna Lani Resort" means that planned development created by, described in and subject to the Master Declaration, of which the Project described in this Declaration is part. "Mauna Lani Entities" refers to, collectively, Tokyu Corporation, a corporation organized under the laws of Japan ("Tokyu"), and its affiliates in connection with ownership and/or development of property in the Mauna Lani Resort. Section 1.39 "Member" means every Person who is entitled to membership in the Association, as provided in Section 6.1. Section 1.40 "Membership" means a membership in the Association. Section 1.41 "Mortgage" means any Recorded or otherwise perfected instrument, which is not a fraudulent conveyance under Hawaii law, and which is given in good faith and for 10 valuable consideration as security for the performance of an obligation, including, without limitation, a deed of trust or agreement of sale, but shall not include any instrument creating or evidencing solely 99-0715 26015\3\158478.5 Page . a security interest arising under the Hawaii Uniform Commercial Code (Hawaii Revised Statutes Chapter 490, as amended). Mortgage. Section 1.42 "Mortgagee" means the holder of a note or other interest secured by a Section 1.43 "Mortgagor" means the party executing a Mortgage as obligor. Section 1.44 "Occupant" means any Person, other than an Owner, in rightful possession of any portion of the Property, whether as a guest, tenant, pursuant to the Public Access Plan, or otherwise. Section 1.45 "Owner" or "Lot Owner" means the Record owner, whether one or more Persons, including Developer, of fee simple title, whether or not subject to any Mortgage, of any Lot, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. If a Lot is sold under a Recorded agreement of sale, or is leased for a term of thirty or more years under a Recorded lease, the purchaser or lessee, respectively {rather than the fee owner) shall be considered the Owner. Section 1.46 "Person" means a natural person, a corporation, a partnership, a limited ' liability entity, a trustee or other entity capable of holding title to real property, and such holder's respective heirs, personal representatives, successors and assigns. • Section 1.47 "Plot Plan(s)" means and refers to the individual lot plot plans established by Developer for each Lot pursuant to Section 14.3. Section 1.48 "President" means the duly elected or appointed president of the Association. Section 1.49 "Private Roads" mean any street, roadway, drive, sidewalk, walkway, path or other right-of-way included within the Common Areas which have not expressly been dedicated to the public use (and include, without limitation, the streets and rights-of-way within the Common Areas designated as private access ways and public utility easements). Section 1.50 "Project" means the planned development created by and subject to this Declaration consisting of the Property and all of the Improvements now or hereafter located thereon as described in this Declaration. Section 1.51 "Property" means the real property described in Exhibit "A" attached hereto (subject to withdrawal of portions thereof in accordance with Section 20.9), and all easements, rights, appurtenances and privileges belonging or in any way pertaining thereto. Section 1.52 "Public Access Plan" means and refers to the Public Access Plan for Sea 10 Cliff Development at Mauna Lani Resort, dated February 1999, accepted by the County Planning 99-0715 26015V\158478.5 Pal" 7 . Department February 18, 1999, as may be amended or supplemented by agreement between the County and Developer or the Board. Section 1.53 "Record", "Recorded", "Recording", "Recordation" or a like reference means an instrument of record in, or the act of recording or filing or having recorded or filed an instrument with the Bureau and/or the Department of Commerce and Consumer Affairs of the State of Hawaii. Section 1.54 "Recreational Facilities" means the recreational facilities, located on the Property from time to time and included within the Common Areas, including the Beach Club, parks and playgrounds, if any, and such other areas and facilities within the Common Areas used or intended for or in connection with any recreational or social purpose or activity, together with the Improvements, facilities and appurtenances thereon or relating thereto. Section 1.55 "Single -Family" means (a) a group of one or more persons each related to the other by blood, marriage or legal adoption, or (b) a group of no more than five unrelated individuals who maintain a common household in a Dwelling Unit. Section 1.56 "Special Use Fees" means special fees that an Owner, Occupant or any other Person is or may be obligated by this Declaration or the Association Rules to pay to the Association for use of or access to an amenity or facility within the Common Areas, including without limitation the Recreational Facilities, or for the granting of a right or privilege with respect thereto, over, ' above, and in addition to any Assessment hereunder. Section 1.57 "Subdivision Map" means the subdivision map dated June 21, 1999, prepared by Rodney M. Kawamura, licensed professional land surveyor, showing the subdivision of Lot 2 of Mauna Lani Resort South Course Subdivision (File Plan 2199) into Lots 1 to 55, inclusive, and designation of Easements 1 to 5, inclusive, approved by the County on June 25, 1999, as Subdivision No. 7129. KRP=lM-3 .. ,,.. ... ... Developer intends to develop the Property, or portions thereof, by subdivision and otherwise into various Lots and the Common Areas, and intends to develop, sell and/or otherwise convey the Lots and Common Areas. Developer hereby declares that all of the real property comprising or constituting the Property is and shall be held, conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred, in whole or in part, subject to this Declaration, as amended or modified from time to time in accordance with the terms hereof; provided, however, that property, if any, that is dedicated to the public or a governmental entity for public purposes shall not be subject to this Declaration while owned by the public or the governmental entity, although restrictions imposed in this Declaration upon the Owners and Occupants concerning the use and maintenance of such public areas shall at all times apply to the Owners and Occupants. This Declaration is declared and agreed to be in furtherance of a general plan for the subdivision, improvement and sale of the Property and is established for the purpose of enhancing and perfecting saris 26015\3\158478.5 Pap e ascertain that such Improvements or changes have been or are being built or changed in compliance with the Design Documents. Section 14.29 No Waiver of Future Approvals. The approval of the CDC and (if applicable) the Board of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the CDC or the Board, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matters whatever subsequently or additionally submitted for approval or consent. Section 14.30 Right of Removal. Any construction, alteration, or other work done in violation of the Design Documents shall be deemed to be nonconforming. Upon written request from the Board, Developer or the CDC, Owners shall, at their own cost and expense, remove such nonconforming construction, alteration, or other work and shall restore the Lot to substantially the same condition as existed prior to the nonconforming construction, alteration, or other work. Should an Owner fail to remove and restore as required in this Section 14.30, the Board, Developer, the CDC or their designees shall have the right, but not the obligation, to enter the Lot, remove the violation and restore the property to substantially the same condition as existed prior to the nonconforming construction, alteration or other work. The Owner shall be liable for all costs thereof together with interest thereon at the maximum rate then allowed by law, and the Association shall have an Assessment Lien to secure the payment of such costs. . Section 14.31 Development by Developer. Any provision of this Declaration or the Design Guidelines to the contrary notwithstanding, and except to the extent applicable pursuant to the Master Declaration and the Master Design Guidelines, the provisions of this Article XIV shall not apply to any Improvements, or other use of any portion of the Property, including the Lots, proposed or made by Developer in connection with its development, construction, promotion, marketing, sale or leasing of any Lot, Common Areas, or any other portion of the Property. Article XV Use Restrictions The Property shall be used in accordance with the covenants, conditions, restrictions and easements set forth in the Master Declaration, this Declaration, the Association Rules, the Master Design Guidelines and the Design Guidelines, as they may be amended from time to time, and applicable laws (including zoning ordinances and building codes). Nothing herein shall restrict or limit the Association Rules and any supplementary design standards and guidelines from imposing more stringent or restrictive standards than those contained in this Declaration or in the Master Declaration. Section 15.1 Hazardous Materials. Each Owner and Occupant shall comply withal[ federal, state and local statutes, regulations, ordinances, or other rules intended to protect the public health and welfare as related to land, water, groundwater, air or other aspects of the natural . environment (the "Environmental Laws'). Environmental Laws shall include, but are not limited to, those laws regulating the use, generation, storage or disposal of hazardous substances, wastes and materials (collectively, the "Hazardous Materials'). No Owner or Occupant shall knowingly use, generate, manufacture, store, release, dispose of or knowingly permit to exist in, on, under or about 99-0716 26015V\158478.5 ftV 41 Copies of letters sent to DLNR for "No Effect" letter EXHIBIT E CARLSMITH BALL LLP ALWMLIAm rr LAw PArtTNwnp 121 WAwaueNUE AVENUE P.O. Box 686 HILO, HAWAU 96721-0686 'I1:1FrM6808.935.6644 FAXB08.9359M W W W.CARISbirrROOM DIRECT DIAL NO. Jeanne Knapp Hawaii Island Assistant Archaeologist 74-383 Kealakehe Parkway Kailua-Kona, Hawaii 96740 SI.IM®CARRISMfIFLCOM April 6, 2004 FILL 04 APR -7 48:20 4. V Re: Request for Confirmation of Implementation of Revised Preservation Plan Prepared by Rechtman Consultant Services, Inc. 49 Black Sand Beach at Mauna Lani Subdivision Proposed Change of Zone Application (RM -3) & RM -4) to (RS -20) Owners: 48 Owners of Subdivision Tax Map Kev: 6-8-033: I to 14,16 to 49 Dear Jeanne: We are in the process of preparing a Change of Zone Application for the Homeowners for the above -referenced properties. We would appreciate confirmation that the approved Preservation Plan for the subject development has been implemented as requested in the Department's letter of November 1, 2002. Should you have any questions, please contact S.C. Lim SSLhhy 4839.6182-0160.1 HONOLULU KAPOLm - HNA - KoNA . MAN . Guw . SARAN LOS ANGELES - WA mcroN,D.0 BENJAMIN J. CAYETANO GOVERNOR OF HAWAII June 16, 1999 Mr. David Shideler Cultural Surveys Hawaii 733 North Kalaheo Ave. Kailua, Hawaii 96734 Dear Mr. Shideler: ♦� rias, i � T�f STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION DIVISION Kakuhlhewe Building. Room 656 601 KamoWla BW"wd XV.I.L Nawar 96707 TIMOTHY -E. JOHNS, CHAIRPERSON BOARD.OP LAND AND NATURAL R ouRCES DEPUTIES! JANET E. KAWELO AQUATIC RESouncES BOATING AND OCEAN AECREAnoN CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDLIFE NISTOPSC PRESERVATION STATEPARKS WATER RESOURCE MANAGEMENT LOGNO:23644 -' DOC 140:9906RC13 '81WECT: Revised Preservation Plan — 49 Black Sand Beach Development Anaeb000malu. Soutb Kobala Hawaii TMK:6-8-22-38 This letter reviews the revised plan submitted on M 28 7999. The revisions were in I ' P aye . response to our prior . review (9904RC63).' We accept the plan, with the following comments for your and your client's information: . t 1. The large preserve. Although our review letter, stated no breaches gfthe wall should occur, this is stiIl in the !� plan We are not clear wby you wish to retaui breaches.- We wi1T allow breaches; but wb recommend only one or two per property owner. No trails or other alterations within this preserve are currently allowed, so the breaches cannot be for the purposes of any modifications withip the preserve. 2. Site 17,114 eitures 1-11,13 Find 39 . We asked that the (F ) preserve buffer be fi7ced, but it still not I r_ described in the plan. Delineation of the buffer should be an earl step in implementing the plan, j t- I: - P Y 3. Site 18,686 (small shrine). The shape of the wall makes no difference as long as itis at the base of the pu'u. 4. Site 71,229. Cutting and removal ofnon-native plants (as noted in the plan) is acceptable at this time. However, "native landscaping" will not m allowed until an archaeological survey is done to determine the extent, nature and depth of any amchae . oical deposits, so impacts of planting can be evaluated. Then a.brief (1-2 page) proposal for planting native plants can be submitted for review. Also, the owner may propose other preservation tasks to our office in the future (e.g., interpretive signage, restoration, etc.). We doubt we would approye "changes to these requirements" (a shift from preservation to data recovery) given current evidence. -But additional preservation tasks can certainly be sub mittefi;and will be considered. Aloha, DON HIBBARD, Administrator t State Historic Preservation /. DH:hn c: Virginia Goldstein, Planning Dept., County of Hawaii Amy Rice, Sea Cliff Development (fax 885-4992) " ��'- vm - � �Fn v4.1. 1111 WIIY IHIYIHHWI Post -H' Fax Nets 7671 104109.1 a.ns s - cup Dei 9049 `v 1"911 vP.U91 V f -5S6 v� ARCHAEOLOGICAL PRESERVATION PLAN FOR ALL OR PART OF EIGHT SITES AT THE 48 BLACK HAND BEACH DEVELOPMRNT, 'ILI OF `ANAEHO'OMALU, WAIKOLOA A VPUA'A, SOUTH KOHALA DISTRICT, HAWAII ISLAND (TMX 6.5-22:85) I ! By Hallett H. Hammatt Ph.D 1 and David W. Shidelor, A.B.D. 1� �f Prepared for SEA CLIFF DEVELOPMENT, LLC. II 11 { Cultural Surveys HawalI Revised May. 1999 I .. '. • • •.'•• •.- •..�...b:,d.. i,nri tQi,bii Quo VR VQLQ _ 1-YI I y r.pp( • •• V h-bjb • •• •• L' 1. INTRODUCTION A. Purpose of the Plan This preservation plan is prepared as the first step required in the preservation of C archaeological sites in accordance with the draft "Rules Governing XjAitnal Requirements for Archaeological Site Preservation and Development" (18.277-8 & 4) and in accordance with the request of the State Tiistoric Preservation Division (SHPD) (letter from Dr, lion Hibbard to Dr. Hallett H. Hammett dated March 18,1999; Log No. 28072, Doo. No. 9908PM02). This draft has been revised to address certain oomsuonts made in a conditional acceptance letter (Ross Cordy to David Shideler, draft, dated May 3,1999, DOC NO 990411063) responding to an earlier draft. This preservation plan covers eight sites to be preserved in whole or in part at Sea Cliff Development LWs "49 Black Sand Beach Development" located adjacent to the Mauna Lani Resort is the 'Ili of'AnaeWomalu, Watkolos Ahupua'a, mouth Kohala District, Hawaii Island (Figures 1.2). These eight sites include 78 feature orsaa (following the nomenclature of the inventory survey reports) and 108 features to be preserved (see tables 1 & 2). Pursuant to the draft "Rules Governing Procedures for Historic Preservation Review" (18- 275) recommendations for the preservation of these archaeological properties were made in three archaeological inventory survey reports (Landrum IU at at. 1994, Nees at al. 1996, Drolet at al. 1997). Upon petition (Cultural Surveys Hawaii, February and May, 1999), on behalf of Sea Cliff Development LLC, changes in the mitigation treatment form for certain specific features at five sites (17110, 17111,17114, 18686 & 18687) were agreed to by the L SHPD (aforementioned letter from Dr. Hibbard to Dr. Hammett dated 9/16/1999 and letter from Rr. Cordy to David Shideler, draft, faxed 5/27/1999). This plan is to serve as a scope of work for the preservation of the altos and features enumerated herein. Upon review and approval by the SHPD, the accepted preservation r plan will be executed, The SHM is cordially invited to inspect and verify the successful �+ execution of the plan at any time during or after the completion of the execution of the accepted plan. B. Identification of Historic Properties Covered by the Preservation Plan The eight sites and 108 features covered by this plan are presented in table i (presenting (^ an overview list of sites) and table 2 (presenting a detailed list of all features) and an located on figures 1.9. A brief description (adapted from the Ogden Environmental and r Energy Services Co, reports) of each of the eight sites is given below along with a reference to the more detailed discussion in the inventory survey reports. Site Number 16348 is a crushed 'a'A cinder and clinker trail (a portion of the Ala Kahakai Trail) with five associated feature areas containing nine Natures. Within the 49 Black L_ Baud Beach development ares, the Ala Ksbakai Trail was the major transportation corridor and has associated temporary shelters, markers, and miscellaneous features. The t••(�t•�i'•-swill irIY 1N1 -lug OYLsura vv T_OTIv P. OOI. •vv F`vSM I. rrr �l ^'.` ,Y!�• :til :. r.7 � .� �j �.� •'�I�'!: ,••y'�f !,. i%7,"aGN�irlla�Frµ Y..•.Y{ ,^ F� • ` •-• � Q �. o PhIgI r Y tltt A - JlYulpu�6 �•• �� • Imo' • 1 Q "'�w't+...f ._ OP , • rYt �� / r .1 1 W Jkv Kammuatr ft* rr ! .I • • � • � ' ' , ` • r ), Rte. � r aA49haammiW Ptto •, • ;,�. j .%q.•� _yrs' 'C �'•a.. !.v AwknnanCLn.J3Ctf.� iL°tfti ._ !�' s e'r r I •! SCALE 1.24MG LI •' a� IfCo o :»s :a )eta M,W sxo l000 tco Nr- :2�°•' ••P'(i Of i!!: r•:..IIW ._ M{{,yl •:.\Y �:I! flFla WEIAW4 "F U Wtis 164 fWa Gtfumo U) v"VA (; t p%IMrTH MGN .re114M t1•MI. OOK"PM fw •f.tV•rfYt •'+..W'A Mln "r10 )i`=Namm, it" W mtm AN," r rm.. YrMPYMfG.. foot Figure 1 Portions 4,ugbS Hindi ntid'Anaeho'omatu Quadraegles showing project arca 1 Nub 6f,106 y y T-011 v P.004/022 V 'F-666 V V • ri` VI 1 ,, as E (i9/ ..__ ..... ..I...,...,...,...,w. eve set Iota T•011 P. 005/02i f -US Table 1 Summary List of Bites with Features to be Preserved Site i N Feature Areas 9 Iadivid%W Features. Lot Source %ocatipn 16848 7 (three: 4, 6 & 7 are the 9 (five: 4 cache 1 & 2, 6.1 & Lots 4-18 Landrum subject of a petition for 6.2 & 7 are the suldect of a et al. statue changs; 4 are to petition for statue change); 1994 be preserved) at least 4 will be preserved 17110 21 (all are to be 41 (all are to be preserved Lot 50 & Landrum preserved except for a except for a portion of Open at al. portion of feature 10 feature 10 which was 1994 which was accepted for accepted for data recovery) data recovery) 17111 14 (three: 6,18 & 14 are 14 (three: 6, 13 & 14 an Open Lot Landrum accepted for data accepted 1br data recovery; at al. recovery; 11 are to be 11 are to be preserved) 1994 preserved) 17114 39 (22 ars slated for 46 (28 are slated for data Lot 3: 1- Landrum data recovery; 12, 14.84; recovery, 18 are to be 11, 13 & et al. 17 are to be preserved: preserved) 89; Lot 1994 1.11, 18 & 85 - 39) 49: 36.38 17116 8 (0118 are to be 8 (all 8 are to be preserved) Open Lot Landrum preserved) et *L 1994 18686 6 (3 are slated for data 5 (S are slated for data Lots 16 & Nees et recovery, 2 are to be recovery, 2 are to be 17 01. 1990 preserved) preserved) 18687 6 (3 are slated for data 11 (5 are slated for data Lot 18 Nees et recovery, 2 are to be recovery, 6 are to be Feat. 4 a• al. 2996 preserved) preserved) e; Lot 12 Feat. 5 21229 8 (all are to be 8 (all are to be preserved) Lot 2 Drolet et preserved) al. 1997 Total• 8 sites to be preserved in whole or in part, including 78 feature areas and 108 features to be preserved. 4 „Wp,lcUun cue eel Me I'U(I P.000/UZZ P-666 Table 2: List of All Features to be Preserved 16348:x "Ala Kahahai Historic Trail Kirch, 1878:62 (Ha -El - Trail”, 275 M. lone, $07) crushed'aI, waterworna, Landrum III at al. :81 shell 16343:2 Pit formed by upright 'i i Storage Landrum M at al. -31 plebe enclosing 1.6 x 1 m 16848:8 Platform Temporary Landrum III at al. :31, $.6 x 8 m, .6 m high habitation partially bulldozed 16343:5 Cairn 1.8 x 1.3 m,.8 m Tran Landrum III at al. :32 high masker 17110,1 Quarry pit, Basalt Landrum III et al. ; 41 Quarrying 17110:2 Quarry pit, Basalt Landrum M at al. ; 41 Quarrying 17110:8 Quarry pit, Basalt Landrum IIT at al.: 41 Quarrying" 17110:4 Quarry pit, Basalt Landrum III at al.: 41 Quarrying 17110:6 Paved trail Trail Landrum III at al.: 42 17110:6 Quarry pit, Basalt Landrum III at al.: 42 quarrying 17110:7. Quarry pi;, Basalt Landrum Met al.: 42 1 Quarrying 17110:7. Quarry pit, Basalt Landrum III at al.: 42 2 Quarrying 17110:7. Quarry pit, Basalt Landrum III at al.: 42 8 Quarrying 17110:6. Quarry pit, Basalt Landrum III at ai.: 42 1 1 Quarrying 17110:8, Quarried outcrop 1 Basalt Landsum lII et al.: 42 2 Quarrying WO vii OYCY vv I�u(I vY. uUr/oz2 V f46D v Table 23 List of All Featum to be Preserved (continued) 17110:9. Quarried outcrop Basalt lAndrum III et al.: 42 1 Quarrying Storage vault storage Landrum 111 at al.: 42 17110:9, 2 17110:10 Quarried Area, 25 x la m Basalt Landrum III et al.: 42- (a petition to A B, a Quarrying 43; one of the two portion of this feature was locationa is outside Lot approved) J2 17110:11 Quarry pits Basalt Landrum III at al. .43 Quarrying 17110:12 Quarry pits Basalt Landrum III et al, :48 Quarrying 17110:18 Quarry pits Basalt Landrum M at aL .43 Quarrying 17110:14 Quarry pits Basalt Quarrying Landrum iii at al, :48 17110:13 Burial Cave Burial Landrum III at al. :43, BTPA, Outside Lot 2 17110:16 Semi -rectangular platform Ceremonial Landrum III et al. :4& . .1 44 17110:16 Oval, stone -lined pit Ceremonial Landrum III et al.:44 .2 17110:16 Oval, stone -lined pit Ceremonial Lendrum III at ca. :44 .8 17110:16 Stone -lined pit Ceremonial Landrum III at al. 144 .4 17110:16 Pit Ceremonial Landrum Ill at al. A .3 1.7110:17 Terrace Temporary Landrum III et al.:44 1 habitation or ceremonial 17110:17 Semi -circular pit Storage pit Landrum III at al.:44 .2 Ci _ _ ........:..:. .:: .:.u.. one ora iutu -- 1-Dil P.ODB/DP$ P�BQ6 Table 2: List of All Features to be Preserved (continued) 17110:17 Quarry pit Basalt Landrum III et at.:44 .8 Quarrying 17110:17 Cleared area Activity Landrum III at at. :44 .4 area db 46 17110:18 C•shapv Temporary Landrum W et at. -.45 .1 habitation 17110:18 Quarry pit Basalt Landrum III at al.:45 .2 Quarrying 17110:18 Quarry pit Basalt Landrum III at al. :45 .8 Quarrying 17110:19 hearth Fire Pit Landrum III at al. -46 .1 17110:19 Paved area, 2 x 3m, shelter Landrum III at aL :46 .2 abutting overhang 17110:20 Paved area, 1.7 m d. temporary Landrum Met al. --46 encaaapme at 1?110:21 Rectangular terrace Temporary Landrum III at al, :46 i babitation 17110:21 Depression Ysided Landrum iii at al. :46 .2 oonstructio n material 17110:21 Lithic concentration Litbic Landrum M at al. :46 .9 Workshop 17110:21 Pebble paved area Activity Landrum III at ed. AS .4 area 17110:21 2 Quarried outcrops Basalt Landrum III at aL :46 .Cr 1Quarrying 17110:21 Outcrop shelter Shelter Landrum ID at al. :46 .6 17110:21 Paved area Temporary Landrum III at al. :46 .7 Shelter 1711111 Storage pit StOrage Landrum III at ol.:47 7 17111:2 Oval-shaped storage pit Storage Landrum III at al, :41 95 _, a.."u.0 ui ivL. 1U •OUOJLf J07J Jtr I r'UJ iz;)u 140 UUJ r.iu "''' ••-•••• ••.+•....... O99 95c Oulu I -UH M.U08161Z F-666 Table 21 List oiAll Features to be Preserved (continued) 17111:8 Circular -shaped paved Tesaporary Landrum Ill et a1.:47 depression gwter or activity area 17111:4 Quarry pit Basalt Landrum III d al. :47 Quarrying 17111:6 Possible shrine liaU&" Landrum III at al.:47 17111:7 pit Storage pit Landrum III at at. :49 17111:8 Curvi-linear wall Storage Lana..+.., III et at, ;129 stricture 171119 Cairn Marker Landrum III et al.:49 17111:10 Cairn Marker Landrum Mat al. .49 17111:11 Storage vault Stomp Landrum III et al. ;49 17111:12 Stomp pit Storage Lendrum III st al. :40 17114:1 Paved depression 1.4 x 1.3 Activity Kirch, 1979:68; m x 0.12 = d. area Landrum III et a .64 17.114:2 Paved depression; 1.4 x 2 Activity Kirch. 1979;68; m X.5 m d. area Landrum III et 41.:64 17114:3 Paved depression; 2.25 x Activity Kirch, 1979:68; 1.0 m area Landrum M et 121.:64 66 Disturbed paved area; 1.15 Activity Kirch, 1979:53; x 0.8 m area Landrum M et al. :65 E- Disturbed paved area; 1.3 x Activity Kirch, 1979:68; 1.2 to area Landrum III et al :85 17114:6 Disturbed paved area; 1.4 x Aativity Kirch, 1979:68; 1.0 m area Landrum iii et al. :65 17114.7 Disturbed paved area; 0.3 x Activity Kircb,1979:83; 0.25 m area Landrum M et al, :05 17114:8 Disturbed paved Activity Kirch, 1979:68; depression; 1.4 x 1.3 m x area Landrum III et al. -.05 0.4 m d. au •JV VJLI JV JJ JCI" 11 VJ iz-oo ow .VUJ r.il ••r •.-+••— :'i •i�rs i•v.: imu n.�w.ip .�grrinuun out 934 tutu I-ulI r-ulufu'z'z h-DDu Table 2: List of All Features to be Preserved (continued) 17114:9 Disturbed paved Activity Kirch,1P79:53; depression; 1.7 x 1.3 m x area Landnuh III at al.:65 0.8 m d. 17114:10 Disturbed paved Activity Rirob,1979:53; depression; 1.2 x 1.2 m area Landrum W d al. :66 17114:11 Disturbed walled AcUvity Landrum III of al.:66 depression; 2 x 1.6 m x 0.4 area m d. 17114:18 Disturbed paved Activity Landrum III at al. :66 depression; 1.2 m x 1.4 m area 17114:35 C -shape; 1.8 x 2.2 m x 0.3 Temporary Landrum III et ol.:69 .1 m h, habitation 17114:86 C -shape; 3.5 a 2.5 m x 0.7 Temporary Landrum III et al. :69 .2 m h. habitation 17114:36 C -shape; 2.2 x 2.0 m x 0.6 Temporary Landrum III at al. :69 m h. habitation 17114:37 Burial rist; 3.3 x 2.2 m Burial Landrum Met al. ;69; Williams & Nees, Jnly, 1996:4 17114:88 Coral boulder & cobble Possible Landrum = at x11.:70; cone.; 2.0 m dia. burial Williams a Never July, 1996:4 17114:39 Trail, 30 m. crushed a a Trail Landrum III at al. *70 17115:1 Burial ciat Burial Kirch 1979:63; Landrum III at al. :70; Williams a Nees, July, 1996:8, Outside Lot 2 17116:2 Burial cairn Burial Kirch 1979:58; Landrum III at al. :72- 73, Williams a Nees, July, 1996:8, Outside Lot 2 17116:3 Probable burial cairn Burial Landrum III at al. :7S 17116:4 Depression Result of Landri= III et al. :78 excavation . . ..... .. n,• nn.u..Y f��\I ��IYII NO eat iRU xv T'Wl P. 1/022 F-665 is Fable 4: List o4 All ]Features to be Preserved (continued) 17115:6 Paved area Burial Landrum III et al.:73 17115:8 Depression Burial Landrum ill et a1.:78 17115:7 USGS Matkor Marker Landrum M et at. :78 17116:8 Upright ilab Undetermi Landrum III et &1.:78 nad 18686:1 Paved area, 2.4 m dis, Raligioual Nees et al. 1995:25.28 habitation 18686:2 Rectangular dsprsaeion, storage Nees et al. 1996:28 0.8x0.6mx0.8md. 18887:4& Quarry pit, 0.7-1.8 x 0.8- Basalt Nees et al. 1996:88 0.7 x 0.0 m d Quarrying 18687:4b Quarry pit, 0.7-1.8 x 0.3- Basalt Nees et al. 1995:38 0.7 x 0.8 m d. Quarrying 18681:4c Quarry pit, 0.7-1-8 x 0.3. Basalt Nees et al. 1995:83 0.7 x 0.6 m d. quarrying 18687:4d Quarry pit, 0.7.1.8 x 0.8- Basalt Nae* et al. 1996.88 0.7 x 0.6 m d. quarrying 18687:4* Cache pit, 4.0 x 2.1 m x 0.5 Storage Nees at al. 1995:33 m 18687:5 Modified overhang/ Burial Burial Nees et al. 1996:33; BTP-8 21229:1 Terrace, 6 x 2-4 m Burial Kirch, 1979.54; Drolet markers/ st al.:24 ritual sites 21229:2 Low mound, 1.5 x 1.36 m x Burial Kirch. 1979:64; Drolet 0.5 m h. markers/ et 01.:24, 25 ritual sites 21229.3 Artificial Terrace, 7.5 x 4 m Habitation Kirch, 1979:54; Drolet x 1.10 m h. of al.: 26 21229:4 RWangular terrace. B x 2 Habitation Kirch, 1979:54; Drolet m. x 0.4 m h. et al.: 25 21229:6 Modred outcrop, 20 x 10 Habitation Kirch, 1979:54 Drolet M I et al.: 26, 26 10 ..vel vv �II OW OOi OOZO 1 vJ T��`i'1 V P.62/012v F.4i ly " .IY ,a.\•YI IY IIYY�I,wIIVII Table 2: riot of All Features to be Preserved (continued) 21229:6 Enclosure, 8.6,X 4 m, x 0.80 Shelter Kirch, 1979:64; Drolet m h• of al,: 28, 27 21229:7 C -shape, 8 m x ,60 m x 0.70 Shelter Kirch, 1979:54; Drolet m high at al.: 27 21229:8 Trail, 7 ra, worn path in Trail Kirch, 1979:54; Droiet es. cobbles eta: 27 . ...I- Duo DDS IM I-071 P.013/022 f-666 Ala Kabakai is a traditional Hawaiian trail with prehistoric origins and is in current use as a recreational path and for shoreline access. The trail (designated Site 18848 feature 1) ie 276.0 m long with an average width of -0.7 m within the project area and associated features are within 10.0 meters of either side of the trail. This trall system follows the coastal bluff overlooking Honckeope Bay at elevation& of 18 to 60 ft (4.6 m to 16.2 m) above ass level. There is virtually no vegetation at all along the (rail. Waterworn basalt cobbles and coral are visible at many points along the trail.Mfiriae shell was noted along the trail. This trail was previously identified by Kirch (1979), and designated site Ha— BI-07 under the Bishop Museum site numbering system and was later described in detail by Landrum et al. (1994:24-82). This trail extends north along the coast toward Puak3 Bay, and south beyond Honokeope Beach toward 'Anaeho omalu. In addition to the Ala Kahakai trail per se, three other features (16843 feature 2, a possible storage pit•, feature 3, a disturbed rectangular platform; and 6, a cairn) are to be preserved under the conditions of this plan. A petition is in progress for the SHPD re-evaluation of the mitigation status of feature areas 4, 6 and 7. Bits 17110 Site Number 17110 is a complex consisting of 21 feature areas containing 41 features deecribad in detail by Landrum et al. (1994:38-46). These features are mostly quarries with associated temporary habitation features and one burial cave. This site extends throughout the small valley located in the west portion of the project area at an elevation of 18 to 40 ft (4.6 to 12.2 in) above sea level. Vegetation is almost entirely limited to sparse fountain gra&&. Features are located on the valley sides, the valley floor, and within a pahoehos k4)ukc; at the upper end of the valley. Most of the valley is contained by ridge slopes of &I lava; however, the valley floor and strips along the southern slope contain denser, finer gained basalt. A portion of the extensive quarry complex designated 17110:10 is slated for data recovery but a substantial portion of this feature and all of the other 40 features will be preserved. Site 17111 Site Number 17111 is a complex of 14 features comprised mostly of quarry pits and storage Pits and including one possible shrine (Landrum et al. 1994:47-49). This is believed to be a Prehistoric traditional Hawaiian site complex• The site lies at 86 to 40 R (10.7 to 12.2 m) above sea level in a large semi -level area with &mall ridges and flips, devoid of vegetation, near the soutbwaetern boundary of the project area, south of HonoWope Beach and southwest of the valley containing Site 17110. Eleven of these features are to be preserved. �lr�.l;tl.tft ' Site Number 17114 is a complex comprised of 39 feature areas containing 46 features including pit quarries, temporary habitations, storage pits, and a burial. This complex is located between 20 and 65 ft (6.1 to 16.8 m) above sea level on the barren a'3 flow east of the Maws thicket surrounding Honoka'ope Beach, and overlooking the anchisline pool to the east. Features 1 to 10 of this site were previously identified by Kirch (1979: 68), and 12 __ .._ ._ .....,..,-,.,. . •uv v- V- - I-- l ,Y•Y14-L---F'6E6-- designated as site #a -E1-400 under the bishop Museum Site Numbering System. Twenty-nine additional features were identified and described during the Landrum et al. (1994.66-70) survey. In consultation with the SHPD it was agreed that two groupings of features would be preserved. Features 1-11, 13 and 39 include a number of "paved" depression* set on a semi -level exposure overlooking the anchialime pool. Features 86-38 include C -shapes and a burial clot located about the northeast slope or top of a hill overlooking Features 1-16. Site Number 17115 is understood as a prehistoric traditional Hawaiian burial complex comprised of 8 features. This site is set upon the highest hill in the area at an elevation of 80.90 ft (24.4 to 27.4 m) above sea level overlooking Honokeope Bay to the northwest, The surface of the bill top is barren and semi-levol to gently sloping, with smooth a -s terrain. This site was previously identified by Kirch (1979: 59), and designated as Site iia -El -401 under the Bishop Museum Sits Numbering System. It is described in greater detail by Landrum et al. (1994:70-73). The prominence of this hill subeequan* resulted in its designation ae a USG9 survey station. The survey marker, Feature 7, is dated 1928. All features are to be preserved. Site Number 18686 includes five designated feature area (Nees et al. 1985:25-28) including three pit features (slated for data reeovory) and a small Hawaiian hoa shrine consisting of two designated features slated for preservation. The ceremonial site has been identified as a probable shrine or offering cache situated approximately 15.0 m (49.0 ft) east of the coastal trail, at an elevation: 18.7 m (45.0 ft) to 15.0 m (60.0 ft) above sea level near the northwesters corner of the project area. The site is located on top of a modified outcrop, and consists of a paved area (Feature 1) on the south and and a depression (Feature 2) on the north and. On top and on the slopes of the outcrop were roughly 24 fragments of branch coral (Pocillopora meandrina), 2 waterworn coral cobbles, and approximately 15 fragments of %opihi shell. One of the waterworn coral cobbles and approximately 10 fragments of branch coral were located in the depression. The shrine (18686:1dt2) is to be preserved. Located on a barren coastal ,&•# lava flow at 15.5 In to 16.8 to (61.0 ft to 65.0 ft) above sea level, site number 18687 includes nine quarry pit features, one pitleacha, and a burial (Nees d al. 1995:28-88). These are understood as late pre -Contact traditional Hawaiian features. Two features (18687: 4 and 5) are to be preserved, Feature 18687:4 consists of four quarry pits (Features 4a through 4d) and one cache pit (Feature 4e). Inside the cache Pit was a cache of two modified branches, the largest measuring approximately 4.0 m (12.0 ft) in length and 8.0 cm (1.0 incl) in diameter. Feature 18687:5 is a burial located approximately 24.0 In (80.0 ft) south of Feature 4. The burial is situated in an overhang Partially walled up with stacked'a'A cobbles. The burial appears to be a disturbed flexed 13 v� j'a ;,;tT vvc via iv&v -- I;UfI 'P-U'lPUZZ _F45 -_ burial, probably dating to the late pre -Contact period. The cache and quarry complex (18697 4a -e) and the burial (18887:6) are to be preserved. When Kirch (1979:54) recorded this site (originally recorded as Bishop Museum Site MHa-E1.404) be distinguished six closely clustered features, consisting of three r�sbaped structures, a square enclosure, and two circular enclosures. Also associated with the site were thick midden deposits. The complex was interpreted as a strategic coastal cliff location used for fishing and shellfish gathering within Honoke ope Say. Dralet at a1. (1997:24-27) better described the site producing some maps and doing some testing despite the fact it was outside of their project area (this Bite has not b sn the subject of inventory survey). Drolet at at. understood the site to include terraces (lteatures 1.4), walled structures, and a trail (Feature 8), all of which are in fair to poor condition. All eight features are to be preserved. C. Short Term Protective Measures The archaeological sites within the project area are oovoied under an interim preservation plan accepted by the SHPD. This plan has two major components: 1. All identified archaeological sites will be fenced and protected by undisturbed, natural lava buffer areas of a minimum 30 ft. radius from the site. 2. Orubbing and landscaping will not be allowed closer to any sites until sueb time as the final preservation plan has been approved by SWD, the County Planning Department, and any other appropriate agencies. On the basis of this accepted interim protection plan, SHPD (Mame Smith, January 25, 1999) signed off on the County of Hawaii, Department of Public Works Grabbing Permit (No. 90000) allowing specific limited grubbing. In consultation with SHPD and Sea Cliff Development (SCD), it was agreed that CSH would direct the staking and roping off of a buffer zone 30 ft, from the sites of the project area (except where existing roads came closer). A field inspection of the interim protection measures was subsequently made by Mr. Marc Smith of SHPD- Hawaii Leland. A small alteration to the interim protection plan was subsequently agreed to by the SHPD to allow fbr the construction of a cart path in the vicinity of certain features of site 17114 elated for data recovery (Letter from Don. Hibbard to David Shideler dated April 5, 1999, LOC NO: 28188, DOC NO: 9904R,C01) At present, the sites within the project area are well protected by the in -force interim preservation pian and by the staked and roped perimeter. 14 vvc. VvJV VLI 41 VV 14'44 i,V .VVV 1 .11 .. ..-_ ...... .�..w:�i .wr.1,...r,1 Duo 004 OULY I'M P.0161022 F-666 11. PROPOSED (FINAL) PFISERVATION MEASMS A. Introduction The propoeed mitigation ibr all archaeological sites to be preserved is one of avoidance and protection, except far the Ala Kahakai Trail (site 18343:1) which is an actively used public right-of-way and must be maintained as such. B. Specific Preservation Measures Site.IOR48 features 1(the Ala Kahakai Trail), 21 8, and d The remaining portion of the original Ala Kahakat Trail (site 16848:1) and adjacent feature& 2,3, and b are to be preserved in place. Minor adjustments to small portions of the Ala Kahakai route may be necessary from time to time owing to on-going ocean erosion and safety concerns. Modifications required by clear safety concerns will be kept to a minimum and will involve the re-routing of short dangerous segments slightly mauka away from the sea olifr edge. A segment of the original Ala Kahakai in the west portion of the prosect area was damaged by road conatruction long before Sea Cliff Development LLC. took over the psxl*. In the area where the origin&] Ala Kahakai is no longer extant, it will be re-established does to the coast restored to its earlier form. Given the nature of the Ala Kshakai, consisting of a track of pedestrian 'bruised" or abraded 'eh scoria clinker pebbles and cobbles as it crosses th"Ii flow, it seems Melt' that in a couple of years the new alignment will be virtually indistinguishable Aram the old. Once the Ala Kelhakai alignment is re-established, a short stretch of connecting modern tr'A built ae a Shortest to the rnoderm road, will be restored to its natural condition raking unmodified scoria cobbles and pebbles over it Th e� res ed Ala Kahekm a ,gement on t `a 6 flow vintt to trnal• „� a.. • ..�.... terms as for the sake might •••.• l.r,,w. �.—.4' rano ♦Jwuuv Vi ffnaOa, OPO BUY, where the trail is not presently defined and may neves have been defined as it crosses wind-blown sand deposits (discussed farther below). Where the public-aooese Ala Kahakai Trail wraps around the 'el flows bordering Honoka'ope B&y it crosses what are soon to be Sixteen privately -owned single family lots (numbered lots 8-18 inclusive). A significant portion of these sixteen privately -owned lots lies on the seaward side of the Ala Kah" complicating somewhat the preservation issue. In consideration of the wisbes of Na Alahele, DLNR and the M Alahele Advisory Council, SOD Proposes a two-tier set -back as follows. Within 10 ft. of the trail the easement will be kept natural with no construction, grading or landscaping allowed. Subsurface electric or water lines would be allowed to croes the trail only by going under the trail with the 'vicinity of the trail promptly returned to a very close approximation of its present form. A. second setback would be in effect from a line running 20?�et mauka of the original Ala Kahakai. No permanent structures would be allowed higher than 80 inches high seaward Of this line. Thus no permanent structures would be allowed higher than 38" bigh on the 15 �.. .-. � LI VV 1L•1L 1\V VVJ 1 •1V • •••••� ••••.•. •. ............. rrr rr� uuW 1^VII f.Yll/YLL � 000 seaward side of the Ala Xahakai or for 20 ft. rnauha of the trail. Low construction and landscaping would be allowed within this second tier of setbacks. Sea Cliff Development 11C. has created their own building setback fbr the individual lots that is in most coast well behind the 20 ft, setback proposed here. Figure 3 indicates the location of the proposed setbacks. This two-tier setback approach would serve to preserve the trail, keep the trail conlidor almost entirely the way it is, and maximally maintain both seaward and landward view corridors while at the same time allowing reasonable access to privately held lands on the seaward side and at least some potential use of the seaward portion of these lots (as long as it involved no permanent constructions over 86 inches high). --� The only exception to this preservation plan for the Ala KaLhakni would be at the extreme south west end where the trail formerly came down off the 'a p flow onto the sands back of Honolrx ape Beach, where no fixed alignment is presently extant, and where no alignment may ever have been extent. One or possibly two crossings of the reconstructed route, for driveways and utility lines, may be necessary to service privately owned lata 1 and 2 in the extreme west portion of the project area. raven that no trail site exist& (or may ever have formally eaiated) in this area, it would not appear to be a historic preservation concern Issue (although it of course is a public trail access issue). As features 16348:2 (a pit) & 16343:6 (a cairn) lie effbetively right along the trail they would be preserved under the conditions stated above. Feature 16843:3 (a platform) lying 3.0 in east of the coastal trail would largely be protected' by the aforementioned 16848:1 trail aovenante but no surface construction (other than natural basalt or coral pavers) or grading would be allowed within to ft. of this platform. All the features of site 17110 with the exception of a portion of feature 10, all the features of site 17111 exoept for features 6, 18 & 14, four features of site 17114 and all of site 17116 are to be included in an archaeological preserve on the south western margin of the project arae. These 66 features are mostly small quarry pits and depressions but include some temporary habitation features and three burial areas. The burial sites and features are presently covered in a Burial Treatment Plata (Williams and Now, 1996) accepted by the BHPn and the Hawaii Island Burial Council. An 18 inch high by 18 inch wide wall constructed of locally available atone will serve to demarcate sad protect the archaeological preserve without being visually obtrusive or calling undue attention to the preserve. The wall win at no point come within 10 ft. of any archaeological feature (and no closer to a burial than allowed by the HawaN island Burial Council or the SHPD burial stafD. Within the wall no grading or surface constructi will be allowed. The private lot owners will however have the right to breach the wall (breaches to be no greater than a ft. wide and not within 20 ft. of an archaeological feature). 16 '� a • rM •Mlw to�J vv vriirw ♦Yr 11 LYYV 1\.\Yrl, I.YI.'Y�.11• .1�•IVI IY I IWYIIY.IYII YYY YI\ YY\Y 1 YII I.VIY/VLL 1 JJY• C Thirteen features of site 17114 lie northwest of the�anchi �+ne ppnd� lots. Inasmuch ai t these features are virtually Contiguous between the west edge of the property, and the steep slopes of the anchisline pond which extend to the east adge of the property the preservation rof these features presents unique challenges to the lot owner. In order to avoid impacting l these features it will be neoassary however to cat sharply into the northwest edge of the Brun hill upon which these sites ere located to create an access driveway to the build" site. This may require a road cut and retaining wall 4 ft. -8f, deep but this cut will be made in such a Lway as to avoid any adverse impact within 10 & of any of these archaeological featura . Site 18686 i'eataw 1 de 2 While given separate feature designations, these two features are components of a Awa or traditional Hawaiian shrine probably relating to fishing. The features lie on a lowpre'u with the long access running roughly north/ south. A. protective bu8er is proposed at the base of the lowpu'u with the construction of a low 18 inch high by 18 inch wide wall constructed out e of locally ave fable stone around the pu'u constituting the buffer perimeter. The form of the` wall will be roughly elliptical, but somewhat organic, following the contour, coming no closer J thea 10 it. from the features. One or two luarrow openings (not to exceed 4 it, wide) may be made in this boundary wall. Inside of the wall the 'a'S pui u will be kept completely natural. No alterations within the walled buffer will be allowed. alta 18687, fe tore 4 a.e r The four quarry pits and one cache pit constituting this feature occupy an area of approximately 8 m by 4 m. A low 18 inch high by 18 inch wide wall constructed out of locally available stone will be constructed around the perimeter of this feature at a distaaoa of 10 A. from the nearest archaeology. One or two openings no wider than 6 ft. will be allowed in this r perimeter wail. No alterations within the walled buffer will be allowed. lil Sila 21226 The eight features constituting site 21229 lie on a small promontory forming the western edge of Honokabpe Bey. These features will lie entirely within privately owned lot 2. A low 18 inch high by 1S inch wide wall, constructed out of locally available stone, will be constructed around the inland side of this promontory coming no closer. than 20 & from any of the f uxres and surrounding all the features collectively. Up to three openings in this wall will be allowed but none are to exceed 6 R. fn width. No alterations within the walled buffer will be allowed with the exception of native landscaping. The pulling up of trees by their roots will rut be allowed so as to avoid adverse impact to archaeological reaourees. The future owner of this pawl may petition the SHED for certain changes to these requiremente if an archaeological inventory survey is undertaken first. L 1' 18 -- -----••••.. a�.�r 1U VVVJGI JV JJ JLI 11 UJ 14-"Y 1\U. VVJ 1 .G1 ..• .. _... •- - •- •-•• -••••w .. w..• �• .. ......�� YYY YY\ YY\Y 1-YI I r-Yw Y[L iwYGU III SPECIFIC PRESERVATION TASKS TO BE UNDERTAKEN ' ,A. Establishment of Buffer Perimeters Upon acceptance of this Preservation Plan, physical markers consisting of continuous bright yellow rope suspended on stakes placed 20 ft. apart shall be plfeed in the ground delimiting the perimeter of the no -grading buffer zones around each site. These perimeters will be 'delimited under archaeologist supervision and the importance of maintaining these perimeters will be discussed with developers, contractors and foremen. No grading within the existing interim preservation plan buffer zone of 90 &. will be undertaken in the vicinity of preservation sites until this final preservation plan buffer zone is delimited on the ground. On-site briefings of construction crews will be held to insure the inviolability of these Perimeters. B. Perimeter Wall Construction Subsequently the developer will provide for the construction by hand of the low walls of locally available atone speed in this plan to be uniformly 18 inch high and 18 inch wide. C. Provision for Compliance With the Terms of this Plan It will be the task of the developer, Sea Cliff Development LLC., to ensure that the terms of the Preservation Plan, once accepted by the SB PD, are incorporated in the appropriate deeds and covenants governing the affected privately held lots and common areas. D. Minimal Maintenance rThe nature of these site locations is such that very little vegetation clearing in the vicinity of sites will be undertaken. If any vegetation clearing is to be undertaken with 20 fk of any sites during the course of development special care will be taken not to disturb surface stone architecture or subsurface archaeological deposits. Pulling trees or plants up by their roots within 20 ft. of archaeological features will generally not be permitted. Clearing procedures will be reviewed with maintenance and landscaping crews to avoid adverse impact to any archaeological features. Litter receptacles will be so designed and placed as not to impinge on the visual integrity of archaeological features. It will be made clear that it is the responsibility of contracting firms to avoid impacting the established walled perimeters in any way, including by temporary storage of acateriale or in the discarding of trash. E. Stabilization, Rehabilitation, Reatoration, Reconstruction No stabilisation, rehabilitation„ or reconstruction of archaeological features is envisioned at this time. No stabilization, rehabilitation, or reconstruction of archaeological features will be undertaken without the consultation and consent of the SHPD. Restoration of the natural appearance of the low pa'u of the site 17114 feature 1.11, 18, & 39 area (Lot 3) and restoration of the natural appearance of the high pu'u of site 17114:97 (in the south west archaeological preserve) will be undertaken. This will consist only of the careful raking of 'a'! clinkers over 19 L eucu • T*1 P.021/022 F-, I -- old bull dozer ems. This restoration will be minimal and will not impact any features whatsoever. F. Exhibition Requirements No interpretive sign � or brochures aro envisioned for any archaeological features at this time. If any interpretive signs or brochures are to be developed for common, area archaeo-lodicel features in the fat=e, the text, signage and placement will be reviewed and approved by SHPD in advance to insure historical accuracy and to avoid any adverse visual.effect. G. Future Archaeological Research Any future archaeological research within the archaeological preserves will require a research deaign reviewed and approved by the SHpn. H. Provision for Perpetual Preservation Agreements to preserve historic properties shall be made binding to successive owners of the land. Y. Non-eomplianoe Penalties Non-compliance with the provisions and procedures of this preservation plan, once agreed to by the SHFD, may be penalized as provided in Section 6E-11 HRS and applicable lawn. 20 t -- - u VVVJLi JV JJ JL1 11 VJ 14•4V 11U.VV0 f.GV '- -"" "-'^ ^^•• 1�1••V11Y n��nrruun 000 002 0020 T -DTI P.092/022 F-666 IV. REFMMES Drolet, Robert P., Stephan D. Clark, and Scott S. Williams 1997 Pre -Final ReportArchoeologic al Inventory $uMV of Honoka'ope Beach Parcel, Mauna Lani Aeaort complex, Anaeho'omalu, 'Ili, Waimea Ahupua'a. South Kohala District, Hawaii Ialand TMK 6.8.22:27 Ogden Environmental and Energy Serviced, Honolulu, Rawari Landrum, James 111, Scott S. Williams, & Allan J. Schilz 1994 Final Report Archaeological Inventoiy Survey of Hotel Site 3, Mauna Lani Resort complex, Anaeho'omalu, Ti, Waimea Ahupua'a. South Kohala District, Hawaii Island TMK 6-8'22:88 Ogden Environmental and Energy Services, Honolulu, Hawaii Nees, Richard C„ Scott S. Williams, & Allan J. ScUlz 1995 Final Report Archaeological Inventory Survey of Parcel Q, Mauna Tani Resort complex, 'Anotho'omalu, Ti, Waimea Ahupua a, South Kohala District, Hawaii Island TAM 6.8.22:27 Ogden Environmental and Energy Services, Honolulu, Hawaa i Williams Scott S. and Richard C. New 3.990 Burial Treatment Plan for Hotel Sim 3, Mauna Lani Resort, South Kohala, Hawaii Inland (TMK 6-8.22:82) Ogden Environmental and Energy Services, Honolulu, liawei 21 a CARLSMITH BALL LLP A L01uIED Luenlm tww PAKINamw 121 WAMURNDE AMM P.O Box 686 HILL, HAWAa 96721-0686 TELEPHONE 808.935f" FAx806.935.7975 W W W.CARL mniLcom DIRECT DIAL NO. Ms. Mary Ann Maigret Hawaii Island Assistant Archaeologist 74-383 Kealakehe Parkway Kailua-Kona, Hawaii 96740 SLJ%WCARLSM41nLCOM October 13, 2004 '04 OCT 13 All '55 PY OUR REFERENCE No_ 056865.00001 Re: Request for Confirmation of Implementation of Revised Preservation Plan Prepared by Rechtman Consultant Services, Inc. 49 Black Sand Beach at Mauna Lani Subdivision Proposed Change of Zone Application (RM -3) & RIM -4) to (RS -20) Owners: 48 Owners of Subdivision Tax Man Key: 6-8-033. 1 to 14 16 to 49 Dear Mary Ann: We are in the process of preparing a Change of Zone Application for the Homeowners for the above -referenced properties. We had initially submitted a letter for 'No Effect" dated April 6, 2004 to your office but have not received a response. We would appreciate confirmation that the approved Preservation Plan for the subject development has been implemented as requested in the Department's letter of November 1, 2002. The County of Hawaii Planning Department now requires that either of the following be submitted as part of the Change of Zone Application submittal: 1. "An archaeological inventory survey; 2. A "No Effect" letter from the State DLNR Historic Preservation Division; or 3. A copy of a letter written by the applicant to the State DLNR Historic Preservation Division requesting a "no effect" letter, including supporting documentation, to which SHPD has not responded after 30 days (SHPD's) time limit under their rules)." HONOLULU KAPOW Hao KONA MAN DUAN SAWM Los ANGILU WASUNGTO +, D.C. Ms. Mary Ann Maigret October 13, 2004 Page 2 - ' Based on the above, we would request that a "No Effect" letter be issued for the above - referenced subdivision so that it can be included with the above -referenced application and submitted to the County of Hawaii Planning Department. Should you have any questions, please coptaetmC,) SSIJrhy 4s3M182-0160.1 a9�yJaM1GMRYq ,�IreRROR awwAr November 1, 2002 Bob Rechtman �J /• flDa 966-7636 011��' STATE OF HAWAII novo OF LOO AND NATLNX REMACI r COM ONNOR WATIM RE70URCaf wwA084W DEPAKrmENT OF LAND AID NATURAL Rmouitcw a"*WA BAXM. RO1 M M A"IMMMA LA SOU, ROOM Oi V IUwnA a01AkYF AN9l$INWM OiW Dr. Bob Rechtman Rechtman Consultant Services, Inc. HCl, Box 4149 Kea'au, Hawaii 96749 Dear Dr. Rechtman: oma. 60Ct.Iwuo u++araaaau AoLwrc Regmols vo.,raANDCc RGCKILAgM CONWseaaWAtarR 11CURCE YWIIOFJBn CON80WATMAMRYOURCINS arvRCW~ co"VEYA"CO PoRE$M ARO WLVjK IOTOM PRINEW"T Tr uuo AAM Alta LOG NO: 31042 ✓ DOC NO: 021OPM19 SUBJECT: Draft Report: "Archaeological Inventory Survey and Subsurface Testing of SHIP Site 21229, Lot 2, 49 Black Sands Subdivision" (Rechtman, 2002), Waikolon, South Kohala; Hawaii Island TMK: (3) 6-5-22: Per. 35 Thank you for your letter of October 7, 2002 and the copy of the above referenced report for our review and comment The report was prepared for Kenandy, LLC of Menlo Park, California. The purpose of the current survey was to rt -assess the nature, significance, and proposed treatment of Site 21229 (a habitation site), which was initially recorded in 1975 as Bishop Museum Site 50 -Ha -E1-404. The site was recorded in more detail by Ogden Environmental and Energy Services in 1996. in the current survey particular attention was paid to Features 1 and 2, which had been previously interpreted as possible burial markers or ritual features and used in the evaluation of the site as significant under Criterion "e." Features 1 and 2 were remapped during the current project and test excavations were undertaken at Feature 2. No cultural material was recovered in the excavation. The results of your work suggest that Features 1 and 2 are natural features created by the uplift of kiawe tree roots. In view of the new evidence gathered concerning Features 1 and 2, Site 21229 has been reevaluated as significant for its information content only (Criterion "d'). We concur with this reevaluation. You have recommended that Site 21229 be preserved 'as is" and that the preservation buffer be reestablished to coincide with the shoreline. building setback as shown on Figure 3. This would exclude the two natural "features" from the preserve area The other six features of the site would all fall within the shoreline setback. Bob R"htsan 808 966=7636 p.e ' The reassessment of Site 21299 as significant under a single criterion ("d") and proposed changes in the boundary of the preserve area meet with our approval. It is our understanding that the rest of the approved preservation plan for this site remains unchanged. Please advise your client that the final step in the historic preservation review process requires that our office be notified in writing when the preservation plan has been implemented If you should have any questions about this project please contact our Hawaii Island archaeologist, Patrick McCoy, at 692-8029. Aloha, 1� DON HWBARD, Administrator State Historic Preservation Division c. Chris Yuen, County of Hawaii Planning Department Kai Embler, County of Hawaii Department ofPublic Works Mak 1 Photographs of roadways to and within the Subdivision EXHIBIT F 4823-36664064.1.055678-00003 I APPLICATION FOR CHANGE OF ZONE Applicants: Lot Owners within the 49 Black Sand Beach at Mauna Lani Subdivision of the Tax Map Key parcels listed below Agent: Steven S. C. Lim, Esq., Carlsmith Ball LLP Owners: Lot Owners within the 49 Black Sand Beach at Mauna Lani Subdivision of the Tar Map Key parcels listed below Request: A Change of Zone Application from Multiple Family Residential 3, 000 square feet (RM -3.0) and Multitple Family Residential 4, 000 square feet (RM -4) to Single Family Residential 20, 000 square feet (RS -20) to redesignate the subject properties to be consistent with the existing Single Family Dwellings. Tax Map Key No • (3) 6-8-033. 001 to 006 008 to 014 016 to 018. 020 to 049 Photograph of Honokoa'pe Place, showing typical roadway improvements within subdivision with approximtely 20 feet of pavement and grassed shoulders. Page 1 of 3 APPLICATION FOR CHANGE OF ZONE Applicants: Lot Owners within the 49 Black Sand Beach at Mauna Lani Subdivision of the Tax Map Key parcels listed below Agent: Steven S. C. Lim Esq., Carlsmith Ball LLP Owners: Lot Owners within the 49 Black Sand Beach at Mauna Lani Subdivision of the Tax Map Key parcels listed below Request: A Change of Zone Application from Multiple Family Residential 3, 000 square feet (RM--3.0) and Multitple Family Residential 4, 000 square feet (RM-4) to Single Family Residential 20, 000 square feet (RS-20) to redesignate the subject properties to be consistent with the existing Single Family Dwellings. Tax Map Key No • (3) 6-8-033: 001 to 006. 008 to 014. 016 to 018. 020 to 049 Photograph of entrance to 40 Black Sand Beach Subdivision road from South Kaniku Drive Page 2 of 3 APPLICATION FOR CHANGE OF ZONE Applicants: Lot Owners within the 49 Black Sand Beach at Mauna Lani Subdivision of the Tax Map Key parcels listed below Agent: Steven S. C. Lim, Esq., Carlsmith Ball LLP Owners: Lot Owners within the 49 Black Sand Beach at Mauna Lam Subdivision of the Tax Map Key parcels listed below Request: A Change of Zone Application from Multiple Family Residential 3, 000 square feet (RM -3.0) and Multitple Family Residential 4, 000 square feet (RM -4) to Single Family Residential 20, 000 square feet (RS -20) to redesignate the subject properties to be consistent with the existing Single Family Dwellings. Tax Maj2Kev No (3) 6-8-033. 001 to 006. 008 to 014. 016 to 018. 020 to 049 Photograph of South Kaniku Drive and driveway entrance to 40 Black Sand Beach Subdivision looking makai towards the ocean. Page 3 of 3 County Environmental Report APPLICATION FOR CHANGE OF ZONE Applicants: Lot Owners within the 49 Black Sand Beach at Mauna Lani Subdivision of the Tax Map Key parcels listed below Agent: Steven S. C, Lim, Esq., Carlsmith Ball LLP Owners: Lot Owners within the 49 Black Sand Beach at Mauna Lani Subdivision of the Tax Map Key parcels listed below Request: A Change of Zone Application from Multiple Family Residential 3,000 square feet (RM -3.0) and Multiple Family Residential 4,000 square feet (RM -4) to Single Family Residential 20,000 square feet (RS -20) to redesignate the subject properties to be consistent with the existing Single Family Dwellings. Tax Map Key No: (3) 6-8-033: 001 to 006. 008 to 014. 016 to 018. 020 to 049 49 Black Sand Beach at Mauna Lani Subdivision, Anaehoomalu, Waikoloa, District of South Kohala, County of Hawaii Prepared for: Lot Owners within the 49 Black Sand Beach at Mauna Lani Subdivision Prepared by: Steven S.C. Lim Carlsmith Ball LLP P.O. Box 1720 Kailua-Kona, Hawaii 96745 Telephone: (808) 935-6644 November 2004 TABLE OF CONTENTS Page 1. PROPOSED REQUEST....................................................................................................2 I.1 Ownership.............................................................................................................. 2 1.2 General Site Description........................................................................................ 3 1.3 Statement of Objectives......................................................................................... 3 1.4 Existing Land Use..................................................................................................4 1.5 Development Program........................................................................................... 5 1.6 Development Timetable......................................................................................... 5 1.7 Estimated Infrastructure Costs............................................................................... 5 1.8 Chronology............................................................................................................ 5 1.9 List of Tax Map Key Numbers for Applicants and status of development ........... 6 1.10 List of Tax Map Keys of Non -Applicants and status of development .................. 7 2. CONFORMANCE WITH STATE AND COUNTY PLANS ........................................... 7 3. a 5. 2.1 State Land Use Law............................................................................................... 7 2.2 Hawaii State Plan ................................................................................................... 7 2.3 Hawaii County General Plan ................................................................................. 8 2.4 Hawaii County Zoning and Subdivision..............................................................12 2.5 Special Management Area...................................................................................12 2.6 State Coastal Zone Management Area (SCZMA)............................................... 13 ENVIRONMENTAL SETTING, IMPACTS & MITIGATION MEASURES .............. 13 3.1 Physical Characteristics/Environmental Setting..................................................13 3.1.1 Topography and Soils..............................................................................13 3.1.2 Natural Hazards.......................................................................................13 3.1.3 Air and Noise Quality .............................................................................. 14 3.2 Historical/Archaeological Resources...................................................................14 3.3 Natural Resources................................................................................................ 15 3.3.1 Flora/Fauna..............................................................................................15 3.3.2 Scenic and Open Space Resources..........................................................15 3.4 Ka Pa' Akai O Ka' Aina Issues: .......................................................................... 15 3.5 Socio -Economic Resources................................................................................. 16 3.6 Surrounding Areas ...............................................................................................17 INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES..................................17 4.1 Access.................................................................................................................. 17 4.2 Water System.......................................................................................................17 4.3 Wastewater System..............................................................................................17 4.4 Police and Fire Protection and Medical Services ................................................ 17 4.5 Utilities.................................................................................................................18 ENVIRONMENTAL ASSESSMENT AND ANALYSIS..............................................18 5.1 Relationship Between Short -Term and Long -Term Uses and Maintenance of Long -Term Productivity .................................................................................. 18 -i- TABLE OF CONTENTS (continued) Page 5.2 Mitigative Measures Proposed to Avoid, Minimize, Rectify, or Reduce Impacts................................................................................................................. 18 6. ALTERNATIVES CONSIDERED................................................................................. 19 6.1 No Action Alternative..........................................................................................19 6.2 Alternative Use.................................................................................................... 19 6.3 Alternative Locations........................................................................................... 20 6.4 Irreversible and Irretrievable Commitment of Resources .................................... 20 7. AGENCIES CONTACTED.............................................................................................20 1. PROPOSED REQUEST 1.1 Ownership The owners of the Applicants properties are as follows 1. TMK: 6-8-033: 001 - Gruber Family Investments LP 2• TMK: 6-8-033: 002- Kenady LLC 3• TMK: 6-8-033: 003 - Wall Investment Associates 4. TMK: 6-8-033: 004 - Collela Family Trust 5. TMK: 6-8-033: 005 - Montalvo Trust 6. TMK: 6-8-033: 006 - Moms Revocable Trust #2 7. TMK: 6-8-033: 008 - Prudler Family Trust 8. TMK: 6-8-033: 009 - Daniel and Teresa Montabelli 9. TMK: 6-8-033: 010 - William G. Marr Trust & Carol Ann Bartz Trust 10. TMK: 6-8-033: 011 - Dougery Revocable Trust 11. TMK: 6-8-033: 012 - 12 at KE ONE "ELE" ELE LLC 12. TMK: 6-8-033: 013 - Aslan at BSB LLC 13. TMK: 6-8-033: 014 - The Honokoa'ope Bay Trust 14. TMK 6-8-033: 016 -The Seahaven Trust 15. TMK: 6-8-033: 017 - Starmon Financial 16. TMK: 6-8-033: 018 - Terrance and Marilyn Larsen (Deceased) 17. TMK: 6-8-033: 020 - Marathon Properties 18. TMK: 6-8-033: 021 - Dexter and Carol Earle 19. TMK: 6-8-033: 022 - Dexter and Carol Earle 20. TMK: 6-8-033: 023 - Kehriotis Family Trust 21. TMK: 6-8-033: 024 - Bay Colony Investors III, Inc. 22. TMK: 6-8-033: 025 - Clive and Carol Davies 23. TMK: 6-8-033: 026 - Brady Olson Black Sands LLC 24. TMK: 6-8-033: 027 - Bruce and Molly Olson 25. TMK: 6-8-033: 028 - Pedro and Karen Arroyo 26. TMK: 6-8-033: 029 - Quarterdeck Equity Partners 27. TMK: 6-8-033: 030 - Edward and Deborah Horowitz 28. TMK: 6-8-033: 031 - 49 BSB Enterprises LLC 29. TMK: 6-8-033: 032 - 49 BSB Enterprises LLC 30. TMK: 6-8-033: 033 - 49 BSB Enterprises LLC 31. TMK: 6-8-033: 034 - 49 BSB Enterprises LLC 32. TMK: 6-8-033: 035 - 49 BSB Enterprises LLC 33. TMK: 6-8-033: 036 - 49 BSB Enterprises LLC 34. TMK: 6-8-033: 037 - 49 BSB Enterprises LLC 35. TMK: 6-8-033: 038 - 49 BSB Enterprises LLC 36. TMK: 6-8-033: 039 - 49 BSB Enterprises LLC 37. TMK: 6-8-033: 040 - 49 BSB Enterprises LLC 38. TMK: 6-8-033:041 - 49 BSB Enterprises LLC 39. TMK: 6-8-033: 042 - 49 BSB Enterprises LLC 40. TMK: 6-8-033:043 - 49 BSB Enterprises LLC 41. TMK: 6-8-033: 044 - Roderick and Leilani Hamel -2- 42. TMK: 6-8-033: 045 - Jan E. Nielsen Trust 43. TMK: 6-8-033: 046 - Michael & Sarah Davis 44. TMK: 6-8-033: 047 - Sandra Pierce 45. TMK: 6-8-033: 048 - Rick & Barbara Green 46. TMK: 6-8-033: 049 - Bill Borkan Homeowners Association of 49 Black Sands Beach at Mauna Lani The Letters of Authorization from the above -referenced lot owners and the President of the Homeowners Association are attached for this Change of Zone Application. (See Exhibit A) 1.2 General Site Description The subject properties hereinafter to be referred to as the ("Properties') are situated within the existing 49 Black Sand Beach at Mauna Lani Planned Unit Development Subdivision. There are a total of 53 lots within this subdivision, of which 46 lots are being requested to be redesignated to the Single Family Residential 20,000 square feet (RS -20) zone district. Parcels 14, 15, and 16 were consolidated and resubdivided into Parcels 14 and 16 by Subdivision No. 7149 approved for recordation on July 23, 1999. Therefore, the original 53 lots subdivision is now a 52 lot subdivision. Of the remaining six (6) lots, (Parcel 7 and 19) are not participating in this change of zone application. Three other lots (Parcels 50, 51 and 52) are the Common Areas for the Subdivision and the 1 remaining lot (Parcel 53) is the roadway that services this subdivision. The Properties are located off of the South Kaniku Drive approximately 1 mile west of the South Kaniku Drive/Main Entrance Road intersection within the Mauna Lani Resort development. (See Exhibit B) The Properties are more particularly described as the 49 Black Sand Beach at Mauna Lani Subdivision, situated at Anaehoomalu, Waikoloa, District of South Kohala, Island and County of Hawaii, and are designated by above referenced Tax Map Key Parcel Numbers. (See Exhibit C) 1.3 Statement of Objectives The owners of the above -referenced lots hereinafter to be referred to as the "Applicants" are seeking a Change of Zone for these lots from the existing, Multiple Family Residential 3,000 square feet (RM -3.0) and Multiple Family Residential 4,000 square feet (RM -4.0) to the Single Family Residential - 20,000 square feet (RS -20) zone district. The objective of this rezoning application is to have the zoning of the Properties be consistent with the actual use of the lots within the subdivision. These existing lots can only have one single family dwelling constructed on each lot in the subdivision, as provided below. There will not be any further subdivision of any existing parcels to create additional lots. The Applicants would be receptive to a condition of approval concerning this issue should the application be approved The 49 Black Sand Beach at Mauna Lani Subdivision CC&R's recorded on July 13, 1999 with the State of Hawaii Bureau of Conveyances as Document No. 99-120045 in Article XV (Use Restrictions) Section 15.4(a)(Single-Family Residential Use) states in part "...Except as permitted by the Developer or the Board, and subject to the Design Documents, no structure whatsoever, OTHER THAN ONE DWELLING UNIT and accessory structures authorized -3- pursuant to the Design Documents and applicable law (including zoning ordinances and building codes), shall be erected, placed or permitted to remain on any Lot." All dwellin-es on each lot of the Proiect shall be used for one M single family residential purpose. The Project is intended to be a high quality residential community. Time sharing and interval ownership, or other similar use or ownership is prohibited pursuant to Article XV, Section 15.4(m). (See Exhibit D) The 49 Black Sand Beach at Mauna Lani Subdivision minimum yard setback requirements would be a minimum of 25 feet for front and rear yards and a minimum of 15 for side yards in the requested Single Family Residential zone district. The 49 Black Sand Beach at Mauna Lani Subdivision CC&R's recorded on July 13, 1999 with the State of Hawaii Bureau of Conveyances as Document No. 99-120045 in Article XIV (Architectural and Landscape Control; Design Guidelines), Section 14.12 (Garage, Guest Parking), Section 14.12.1 states "Each Dwelling unit shall include a garage providing storage for at least two cars and containing not les than five hundred square feet of parking area under roof, which may be attached to or detached from the Dwelling Unit, as approved by the CDC. All garages shall be fully enclosed with garage doors. Every garage, whether attached or detached, shall contain not less than an additional one hundred fifty square feet of covered and enclosed floor area for storage facilities. Carports and similar structures shall not be permitted." Section 14.12.2 further states "Two additional paved guest parking spaces shall be provided on each Lot, which may be located on the driveway." Therefore, the provision of an enclosed two car garage as well as for 2 guest parking on each lot will comply with the minimum requirements of the Zoning Code which is 2 off-street parking stalls for a Single Family Dwelling unit. The 49 Black Sand Beach at Mauna Lani Subdivision CC&R's recorded on July 13, 1999 with the State of Hawaii Bureau of Conveyances as Document No. 99-120045 in Article XIV (Architectural and Landscape Control; Design Guidelines), Section 14.10 (Building Height) states in part "...For lots designated as permitting two story structures, the maximum building height shall be twenty-eight (28) feet. The maximum height limit within the requested Single Family Residential zone district is 35 feet. As such, the single family dwellings already constructed and to be constructed are and will be in compliance with the minimum yards and maximum height limit standards of the Single Family Residential (RS -20) zone district. 1.4 Existing Land Use There are a total of 53 lots within this subdivision, of which 46 lots are being requested to be redesignated to the Single Family Residential 20,000 square feet (RS -20) zone district. Parcels 14, 15, and 16 were consolidated and resubdivided into Parcels 14 and 16 by Subdivision No. 7149 approved for recordation on July 23, 1999. Therefore, the original 53 lots subdivision is now a 52 lot subdivision. Of the remaining six (6) lots, (Parcel 7 and 19) are not participating in this change of zone application. Three other lots (Parcels 50, 51 and 52) are the Common Areas for the Subdivision and the 1 remaining lot (Parcel 53) which is the roadway that services this subdivision. Of all the Applicant Properties in this Change of Zone Application, a single family dwelling has been constructed on twenty-two (22) of the lots, the remaining 24 Applicant -4- lots are vacant. The 2 lots, parcel 7 and 19 (Non -Applicants) are not part of this Change of Zone Application. The remaining lots (parcels 50 to 53) are common areas and the private roadway for the existing subdivision. The surrounding land uses are the 7th to the 13th fairways of the Mauna Lani South golf course and vacant lands. 1.5 Development Program There is no development program for the Properties, the only change will be the County of Hawaii Zoning Designation from the Multiple Family Residential 3,000 square feet (RM -3.0) and Multiple Family Residential 4,000 square feet (RM4.0) to the Single Family Residential 20,000 square feet (RS -20) zone district. Of the 46 (APPLICANT) and 2 (NON -APPLICANT) a total of 24 lots are vacant in the subdivision that will be developed with Single Family Dwellings as required by the 49 Black Sand Beach at Mauna Lani CC&R's. It should be noted that although not all of the owners are Applicants in this Change of Zone application. However, no owner will be able to develop the property for any Multiple Family Residential purposes because of the Subdivision CC&R's restrictions of one (1) single family dwelling per lot despite the size of the lots, some of which exceed 1 acre in size. The Applicant would be agreeable to having this as a condition of approval for the change of zone, should it be necessary to require such a condition. 1.6 Development Timetable Subdivision No. 7129, approved on June 21, 1999, has been officially recorded with the State of Hawaii Bureau of Conveyances and each lot has its own separate parcel number. As such, each lot owner who has not constructed their single family dwelling as of this date, will determine when their particular lots will be developed. There is no timetable for the development of each of the vacant lots. 1.7 Estimated Infrastructure Costs There are no added infrastructural costs with this Change of Zone Application as all infrastructure improvements for the subdivision were constructed, inspected and approved prior to receiving Final Subdivision approval for recordation by the Planning Department on June 21, 1999, in Final Subdivision No. 7129. All infrastructural improvements to service this subdivision are available to each lot owner in the subdivision. 1.8 Chronology A. July 1, 1987 - The 49 Black Sand Beach at Mauna Lani Single Family Residential subdivision hereinafter to be referred to as the "Subdivision" was 1WE rezoned to the Multiple Family Residential zone district by Change of Zone Ordinance No. 87-73. B. June 21, 1999 - Final Subdivision Approval No. 7192 for recordation was granted by the Planning Director for this existing Subdivision. C. July 13, 1999 - The Declaration of Covenants and Restrictions of 49 Black Sand Beach at Mauna Lani Subdivision was recorded with the State of Hawaii Bureau of Conveyances as Document No. 99-120045. 1.9 List of Tax Map Key Numbers for Applicants and status of development. Lot Owners of 49 Black Sand Beach at Mauna Lani - (APPLICANTS) TMK: 6-8-033: 001 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 002 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 003 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 004 (Applicant).................................................................... Dwelling TMK: 6-8-033: 005 (Applicant).................................................................... Dwelling TMK: 6-8-033: 006 (Applicant).................................................................... Dwelling TMK: 6-8-033: 008(Applicant).............................................................. Vacant Land TMK: 6-8-033: 009 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 010 (Applicant).................................................................... Dwelling TMK: 6-8-033: 011 (Applicant).................................................................... Dwelling TMK: 6-8-033: 012 (Applicant).................................................................... Dwelling TMK: 6-8-033: 013 (Applicant)....................................................................Dwelling TMK: 6-8-033: 014 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 016 (Applicant).................................................................... Dwelling TMK: 6-8-033: 017 (Applicant).................................................................... Dwelling TMK: 6-8-033: 018 (Applicant).................................................................... Dwelling TMK: 6-8-033: 020 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 021 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 022 (Applicant).................................................................... Dwelling TMK: 6-8-033: 023 (Applicant).................................................................... Dwelling TMK: 6-8-033: 024 (Applicant).................................................................... Dwelling TMK: 6-8-033: 025 (Applicant).................................................................... Dwelling TMK: 6-8-033: 026 (Applicant).................................................................... Dwelling TMK: 6-8-033: 027 (Applicant).................................................................... Dwelling TMK: 6-8-033: 028 (Applicant).................................................................... Dwelling TMK: 6-8-033: 029 (Applicant).................................................................... Dwelling TMK: 6-8-033: 030 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 031 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 032 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 033 (Applicant).................................................................... Dwelling TMK: 6-8-033: 034 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 035 (Applicant).................................................................... Dwelling TMK: 6-8-033: 036 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 037 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 038 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 039 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 040 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 041 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 042 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 043 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 044 (Applicant).................................................................... Dwelling TMK: 6-8-033: 045 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 046 (Applicant)............................................................. Vacant Land TMK: 6-8-033: 047 (Applicant).................................................................... Dwelling TMK: 6-8-033: 048 (Applicant).................................................................... Dwelling TMK: 6-8-033: 049 (Applicant) Vacant Land ............................................................. 1.10 List of Tax Map Keys of Non -Applicants and status of development Lot Owners of 49 Black Sand Beach at Mauna Lani (NON -APPLICANTS) TMK: 6-8-033: 007 (Non-Applicant)..................................................... Vacant Land TMK: 6-8-033: 019 (Non-Applicant)..................................................... Vacant Land TMK: 6-8-033: 050 (Non -Applicant) .................................................. Common Area TMK: 6-8-033: 051 (Non -Applicant) .................................................. Common Area TMK: 6-8-033: 052 (Non -Applicant) .................................................. Common Area TMK: 6-8-033: 053 (Non -Applicant) .............................................. Private Roadway 2. CONFORMANCE WITH STATE AND COUNTY PLANS 2.1 State Land Use Law The State Land Use Law provides for the classification of all lands within the State into one of four land use districts: Urban, Rural, Agricultural or Conservation. The Properties are situated in the State Land Use "Urban District". The County of Hawaii has jurisdiction for zoning within State Land Use Urban Districts. Therefore, the requested change from the Multiple Family Residential 3,000 square feet (RM -3.0) and Multiple Family Residential 4,000 square feet (RM -4.0) to the Single Family Residential 20,000 square feet (RS -20) is in conformance with the State Land Use Law. 2.2 Hawaii State Plan The Hawaii State Plan consists of goals, objectives, policies and priority directions to guide the future long-range development of the State. The proposed action conforms with the applicable objectives and policies discussed below. o Goal: A strong, viable economy characterized by stability, diversity, and growth that enable the fufllment of the needs and expectations of Hawaii's present and future generations. o Goal: A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well being of the -7- people. o Goal: Physical, social and economic well being for individuals and families that nourishes a sense of community responsibility and caring ofparticipation in family life. Response: The existing approved Subdivision is already contributing to the attainment of the goals in the Hawaii State Plan goals in that the Subdivision has increased availability of residential products to Hawaii residents that contribute to the stability, diversity and growth of the local and regional economies. More specifically, the approved Subdivision does provide housing opportunities in a planned setting wherein the design, operation, maintenance and provisions for environmental protection can be effectively, efficiently and economically controlled in proximity to existing and planned developments within the Mauna Lani Resort development that has a planned setting that would encourage a sense of community responsibility and participation in family life. 2.3 Hawaii County General Plan The Hawaii County General Plan is the County's comprehensive land use policy for guiding long-range development on the Island of Hawaii. It specifies goals, policies, and standards of development for the most desirable land uses on the island. The General Plan's associated Land Use Pattern Allocation Guide (LUPAG) Map designates the general allocation of the various desired land uses, such as urban, residential, recreational, agricultural, resort commercial and industrial. The General Plan's associated Land Use Pattern Allocation Guide (LUPAG) Map designates the Properties within the "Resort and Medium Density" uses classification. Although the General Plan defines Medium Density: Village and neighborhood commercial and residential and related functions (3 -story commercial; residential — up to 35 units per acre) and Resort Area: These areas include uses such as hotels, condominium -hotels (condominiums developed and/or operated as hotels), and supporting services, SINGLE FAMILY DWELLINGS ARE A PERMITTED USE WITHIN THE VILLAGE AND NEIGHBORHOOD COMMERCIAL AND RESORT ZONE DISTRICTS. This existing subdivision was developed as a Single Family Residential subdivision. Although the Properties are located within the Medium Density and Resort designated area of the Mauna Lani Resort development, the Applicants request to a Single Family Residential zone district are consistent with the County of Hawaii General Plan Land Use Pattern Allocation Guide Map designation and with the overall land use policies of the County General Plan for Single Family Residential development. The following is a discussion of the Project's consistency with the specific goals, policies, and courses of action of the General Plan that are relevant to the Project. Economic Goal o Provide residents with opportunities to improve their quality of life. Discussion: The Subdivision is an existing subdivision that was approved on June 21, 1999. There are presently 22 Single Family Dwellings constructed within this Subdivision. The remaining 24 Properties which are vacant and have to be developed with Single Family Residences will provide short-term construction -related job opportunities. Property, income, excise and other taxes will be generated, resulting in an increase in State and County revenues which in turn can be used to provide needed public services and facilities. Additionally, the approved subdivision has provided new housing opportunities for residents in a well planned and secure neighborhood environment. Environmental Oualitv Goal o Maintain and, iffeasible, improve the existing environmental quality of the island. Discussion: The Subdivision will not result in any significant adverse effect on the environment. Although only 22 of the 46 lots have existing single family dwellings, the development and construction activities for the development of the remaining 24 vacant lost will not adversely affect the existing environmental quality of the island. These potential short-term adverse effects on the surrounding area associated with construction activities, such as, potential noise, air quality, or drainage impacts, would be reduced or eliminated through the implementation of appropriate mitigative measures as required by the different governmental agencies rules and regulations. Flood Control and Drainage Goals o Conserve scenic and natural resources. o Prevent damage to man-made improvements. o Reduce surface runoff and sediment runoff. Policy o All development -generated runoffshall be disposed of in a manner acceptable to the Department of Public Works. Discussion: The approved subdivision was completed in June of 1999 and is a Single Family Residential subdivision with a low -profile type of development that will not affect scenic view planes in the area. The Project area is within Zone X which is defined as "areas determined to be outside of the 500 year flood plain." Historic Sites Goal o Protect and enhance the sites, buildings and objects ofsignicant historical and cultural importance to Hawaii. Discussion: A revised preservation plan for the subdivision was accepted by the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD) in a letter dated June 16,1999 and Cultural Surveys Hawaii is continuing to work with DLNR-HPD to complete implementation of the revised preservation plan. The preservation of Site 21229 on Lot 2 of the subdivision prepared by Dr. Bob Rechtman, Rechtman Consultant Services, Inc. was approved by DLNR-HPD in a letter dated November 1, 2002. The Subdivision was approved by the Planning Department as Subdivision No. 7129 approved for recordation on June 21, 1999. In addition, two (2) letters were sent to the Department of Land and Natural Resources, Historic Preservation Division on April 6, 2004 and October 13, 2004. No responses were received from either communications to their office. As such, we are including both letters as required by the Change of Zone Application. (SEE EXHIBIT E) Natural Beauty Goals o Protect, preserve and enhance the quality ofareas endowed with natural beauty, including the quality of coastal scenic resources. o Protect scenic vistas and view planes from becoming obstructed o Maximize opportunities for present and f lure generations to appreciate and enjoy natural and scenic beauty. Discussion: Scenic view planes toward the shoreline will not be obstructed by the subdivision. The Subdivision is located approximately 5,500 feet makai (west) of the Queen Kaahumanu Highway and will not impede the views of motorists traveling along the State right-of-way. The Subdivision may be slightly visible from the Queen Kaahumanu, but indistinguishable, as part of the larger regional view of the Mauna Lani Resort makai lands. The Subdivision has approximately 17 lots along the shoreline. There is a County approved public access along the lots adjacent to the shoreline. Natural Resources and Shoreline Goals o Protect and conserve the natural resources of the County of Hawaii from undue exploitation, encroachment and damage. o Provide opportunities for the public to fulfill recreational, economic, and educational needs without despoiling or endangering natural resources. o Protect and promote the prudent use of Hawaii's unique, fragile and significant environmental and natural resources. o Ensure that alterations to existing land forms and vegetation, except crops and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger offoods, landslides, erosion, siltation, or failure in the event of an earthquake. Policies o The shoreline of the island of Hawaii shall be maintained for recreational, education, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. o The shoreline shall be protected from the encroachment of man-made improvements and structures. -10- Discussion: The Project is located adjacent to the shoreline but it not anticipated to have any direct adverse impact on the shoreline resources. A county approved and improved Public Access Trail traverses over the 17 lots adjacent to the shoreline. There is also a public access that traverses over Lots 1, 2 and 53 to the shoreline. Therefore, at this portion of the Mauna Lani Resort coastline, there are beneficial recreational opportunities, such as the public shoreline accesses for the general public. Ho_ urine Goals o Attain safe, sanitary and livable housing for the residents of the County of Hawaii. o Maintain a housing supply which allows a variety of choice. o Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. Discussion: As stated previously, the Subdivision has assisted in replenishing the existing inventory of residential lots in the Mauna Lani Resort Development. This will allow the market to have a continued as well as diverse supply of quality Single Family Residential units. The Subdivision has been constructed in accordance with the standards and requirements of the Department of Public Works. Public Utilities Goal o To have public utilityfacilities which are designed to fit into their surroundings or concealed from public view. Policies o A systematic program by the County, State and private interests shall idents sources of additional water supply to ensure the development of sufficient quantities of water for future needs of high growth areas. o All water systems shall be designed and built to Department of Water Supply standards. o Power distribution shall be placed underground when and where feasible. The County shall encourage developers of new urban areas to place utilities underground. o Private wastewater treatment systems shall be installed by land developers for major resort and other developments along shorelines and sensitive higher inland areas, except where connection to nearby treatment facilities is feasible and compatible with the County's long-range plans, and in conformance with state and county requirements. Discussion: All utilities for the Subdivision are installed underground and constructed in accordance with State and County design standards and requirements. Wastewater disposal is connected to the Mauna Lani Wastewater treatment plant which has been constructed and approved by the requirements of the State Department of Health. Recreation Goals -11- o Provide a wide variety of recreational opportunities for the residents and visitors of the County. o Maintain the natural beauty of recreation areas. o Provide a diversity of environments for active and passive pursuits. Policy o Public access to the shoreline shall be provided in accordance with an adopted program of the County of Hawaii. Discussion: The Subdivision has its own Common Area where there is an existing Beach Club building, swimming pool and passive recreational areas. Passive and active recreational facilities are also available in the Mauna Lani Resort development. All of the recreational facilities within Mauna Lani Resort development have been developed to maintain the natural beauty of the area. Public accesses to the Shoreline are provided in the Mauna Lani Resort development. Land Use Goals o To maximize choices of single-family residential lots and/or housing for residents of the County. o To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. Discussion: The Subdivision is one of several residential projects within the Mauna Lani Resort development that will assist to replenish the existing inventory of house lots in this area of South Kohals, thus providing a continued choice of residential units in the area. The Subdivision is a subdivision that was carefully planned and programmed as a quality residential community located within the Mauna Lani Resort development. 2.4 Hawaii County Zoning and Subdivision The existing County zoning designation for the Property is Multiple Family Residential 3,000 square feet (RM -3.0) and Multiple Family Residential 4,000 square feet (RM -4.0). The proposed change of zone request is intended to be consistent with the existing Single Family Residential development that is allowed by the Subdivision CC&R's. In addition, the Properties are designated for Low Density Residential uses by the County of Hawaii's General Plan Land Use Pattern Allocation Guide Map (LUPAG). 2.5 Special Management Area The Property is located within the Special Management Area (SMA) of the County of Hawaii. Pursuant to Chapter 205-2, the property is situated within the State's Coastal zone Management Area. The existing Subdivision is consistent with the objectives and policies of Chapter 205-2. The existing Subdivision is included in the Special Management Area Major Use Permit No. 2, approved by the Planning Commission. -12- 2.6 State Coastal Zone Management Area (SCZMA) Pursuant to HRS, Chapter 205-2, the property is situated within the State's Coastal Zone Management Area (CZMA). The Subdivision is located approximately 4,000 feet makai (west) of the Queen Kaahumanu Highway and will not impede the views of motorists traveling along the State right-of-way. The Subdivision may be slightly visible from the shoreline (approximately 2,500 feet mauka (East), but indistinguishable, as part of the larger regional view of the Mauna Lani Resort mauka lands. The Subdivision is an existing subdivision that was approved by the County Planning Department in June 21, 1999 as Final Subdivision Approval No. 7192 and pursuant to Special Management Area Major Use Permit No. 2 approved on March 9, 1978. There have been a total of 22 Single Family Dwellings constructed since the Subdivision was approved. The Subdivision is a small residential component of the Mauna Lani Resort development. In addition, the County of Hawaii General Plan does not identify any recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazards and marine resources or other natural and environmental resources that will be adversely affected by the proposed rezoning and the existing approved Subdivision. There are no recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazards and marine resources or other natural and environmental resources in the Subdivision or within the immediate surrounding areas that would adversely affect the objectives and polices of the CZMA. The Subdivision is also not part of any ongoing County or State CZM programs for this particular area. Therefore, the existing approved Subdivision is consistent with the objectives and policies of HRS Chapter 205-2. 3. ENVIRONMENTAL SETTING, IMPACTS & MITIGATION MEASURES 3.1 Physical Characteristics/Environmental Setting 3.1.1 Topography and Soils The Subdivision has an undulating topography which consists of clinker type A'a Lava. The overall productivity rating for agricultural use is rated as "E", or "Very Poor", by the Land Study Bureau. The State Department of Agriculture's Lands of Importance to the State of Hawaii (ALISH) map does not classify the area as containing lands of importance to agriculture. Impacts and Mitigation None. Compliance with the County requirements would further ensure minimal erosion and sedimentation impacts during future development. 3.1.2 Natural Hazards Flood and Coastal Hazards. The U. S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the Property in Zone X, or outside the 500 -year flood plain. The Subdivision is also located outside of the County of Hawaii Civil Defense Agency's Tsunami Evacuation Zone. Volcanic and Earthquake Hazards. According to the United States Geological Survey maps, the Property is located within Lava Flow Hazard Zone 3, on a scale of ascending risk 9 to 1. Zone 3 areas are gradationally less hazardous than Zone 2 because of greater distance from -13- recently active vents and/or because the topography makes it less likely that flow will cover these areas. The Building Code designates the entire island of Hawaii in Earthquake Zone 3 and contains certain structural requirements to address the relative seismic hazards. Impacts and Mitigation. None. The Subdivision is not within any flood or tsunami hazard zone. All structures to be constructed within this Subdivision shall comply with the requirements of the Department of Public Works, and applicable Building, Plumbing and Electrical Codes to mitigate against potential earthquake hazards. 3.13 Air and Noise Quality Air. The air quality in the South Kohala is largely affected by air pollutants from natural rather than vehicular sources. The most predominant source of natural pollutants is from the emissions from the ongoing Kilauea Volcano eruption which can be seen in the form of a volcanic haze which intermittently blankets the area. Vehicular exhaust is a lesser source of air pollutants. Noise. Noise in the general area is associated with vehicular sources and residential and resort activities within the area. Impacts and Mitigation None. The proposed action will not alter the air or noise quality of the region. Fugitive dust and construction noise impacts specifically arising from future development can be mitigated by observance of standard industry practices for air quality and construction management. 3.2 Historical/Archaeological Resources The Property is not among those listed as historic properties in County General Plan Historic Sites element, the State of Hawaii Register of Historic Places and has not been determined to be eligible for inclusion in the National Register of Historic Places. A revised preservation plan for the subdivision was accepted by the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD) in a letter dated June 16, 1999 and Cultural Surveys Hawaii is continuing to work with DLNR-HPD to complete implementation of the revised preservation plan. The preservation of Site 21229 on Lot 2 of the subdivision prepared by Dr. Bob Rechtman, Rechtman Consultant Services, Inc. was approved by DLNR- HPD in a letter dated November 1, 2002. The Subdivision was approved by the Planning Department as Subdivision No. 7129 approved for recordation on June 21, 1999. The Subdivision has been previously graded in accordance with approved construction drawings when the subdivision application for this existing Single Family Residential Development was approved. Impacts and Mitigation None. The Archaeological consultants are still working within the approved subdivision on the sites discussed in the revised preservation plan prepared by Cultural Surveys of Hawaii and the Archaeological Inventory Survey and Subsurface Testing of SIHP Site 21229, Lot 2 of the 49 Black Sand Subdivision. During the processing of the Subdivision application, these approvals from the DLNR-HPD did not affect the granting of the Final Subdivision Approval and the issuance of building permits for the lots within the subdivision. However, -14- should any subsurface archaeological sites, artifacts or remains be uncovered, work shall immediately cease until clearance has been obtained from the Department of Land and Natural Resources, Historic Preservation Division and the County of Hawaii Planning Department. In addition, two (2) letters were sent to the Department of Land and Natural Resources, Historic Preservation Division on April 6, 2004 and October 13, 2004. No responses were received from either communications to their office. As such, we are including both letters as required by the Change of Zone Application. (SEE EXHIBIT E) 33 Natural Resources 33.1 Flora/Fauna The Subdivision is an approved Single Family Residential development that was approved by the Planning Department in June of 1999. In the development process of the existing Subdivision, there were no rare or endangered flora or fauna discovered which would have been adversely impacted by the development of the Subdivision. Impacts and Mitigation None. The Subdivision was previously all A'a Lava and it is unlikely that there were adverse impacts to any rare or endangered native plants and/or species, since there remains no evidence of same within the Subdivision or the surrounding area. 3.3.2 Scenic and Open Space Resources Views from the Subdivision include a sweeping panorama of the coastal area from high points where vegetation does not obstruct the horizon. The Subdivision is not listed as a distinctive and identifiable land form distinguished by landmarks, or as having a vista of distinctive features identified in the General Plan within the South Kohala District. Impacts and Mitigation None. The proposed action will not directly impact upon vistas. 3.4 Ka Pa' Akai O Ka' Aina Issues: Based on the findings of the historical record of the Property, the Applicant presents the following statements in response with the requirements of the Hawaii State Supreme Court's criteria in the Ka Pa' Akai O Ka' Aina case. a. The identity and scope of "valued cultural, historical, or natural resources" in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area; Discussion: The Property is not among those listed as historic properties in County General Plan Historic Sites element, the State of Hawaii Register of Historic Places and has not been determined to be eligible for inclusion in the National Register of Historic Places. A revised preservation plan for the subdivision was accepted by the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD) in a letter -15- dated June 16, 1999 and Cultural Surveys Hawaii is continuing to work with DLNR-HPD to complete implementation of the revised preservation plan. The preservation of Site 21229 on Lot 2 of the subdivision prepared by Dr. Bob Rechtman, Rechtman Consultant Services, Inc. was approved by DLNR-HPD in a letter dated November 1, 2002. The Subdivision was approved by the Planning Department as Subdivision No. 7129 approved for recordation on June 21, 1999. The Subdivision has been previously graded in accordance with approved construction drawings when the subdivision application for this existing Single Family Residential Development was approved. In addition, two (2) letters were sent to the Department of Land and Natural Resources, Historic Preservation Division on April 6, 2004 and October 13, 2004. No responses were received from either communications to their office. As such, we are including both letters as required by the Change of Zone Application. (SEE EXHIBIT E)There also is no evidence uncovered to indicate that any traditional and customary native Hawaiian rights are exercised in the petition area. b. The extent to which those resources — including traditional and customary native Hawaiian rights — will be affected or impaired by the proposed action; and Discussion: There is no evidence to show that valued cultural, historical, natural resources and traditional or customary native Hawaiian rights are conducted on the Property or being practiced in the area. Therefore, no resources or traditional and customary Native Hawaiian rights will be affected or impaired by the existing Subdivision. C. The feasible action, if any, to be taken by the Planning Commission to reasonably protect native Hawaiian rights if they are found to exist. Discussion: There is no feasible action to be taken by the Planning Commission or County Council other than to require that if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered in or around the Subdivision, that the Applicant will report this matter to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review and assessment. 3.5 Socio -Economic Resources The population of South Kohala has grown steadily since 1980 as a result of the expanding visitor industry in West Hawaii. The 1990 Census figures indicate a growth rate of 98.4% for the period 1980 to 1990 and 43.7% for the period of 1990 to 2000. This rapid growth in population and the projected in -migration will require the designation and allocation of land uses in appropriate proportions and in keeping with the social, cultural and physical environment of West Hawaii. Impacts and Mitigation None, as the existing uses and requested Single Family Residential zoning conform to the land use plans, policies and controls which support the designation and allocation of the Subdivision in Low Density uses by the County of Hawaii General Plan Land Use Pattern Allocation Guide Map. -16- 3.6 Surrounding Areas The Subdivision abuts the 7th to 13th fairways of the Mauna Lani South Golf Course and the ocean to the west. Impacts and Mitigation None, as no adverse impacts to surrounding uses and properties are anticipated as a result of the requested change of zone for the existing approved Subdivision. No further development for any future phases of the existing 49 Black Sand Beach at Mauna Lani Planned Unit Development is contemplated for the adjacent vacant property to the south. 4. INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES 4.1 Access The Subdivision is accessed from the Main Road leading into the Mauna Lani Resort Development which intersects with Kaniku Drive, an existing roadway that has a 60 foot wide right-of-way with 8 foot wide paved shoulders and approximately a 24 foot wide, two lane pavement. The main vehicular entrance route leading to the Subdivision is from South Kaniku Drive. Impacts and Mitigation None. It is anticipated that the requested change of zone will not generate any significant daily vehicular trip counts within the roadway systems in the Mauna Lani Resort development. 4.2 Water System County water service is currently available to the Subdivision that serves the Mauna Lani Development. Impacts and Mitigation None, Lot owners have access to the County Water System which serves the Mauna Lani resort development. 4.3 Wastewater System The Subdivision is serviced by the Mauna Lani Wastewater Treatment Facility. Impacts and Mitigation None, the existing Subdivision is connected to the existing Mauna Lani Resort development wastewater treatment plant. In addition, the Subdivision is unlikely to contaminate groundwater resources since the Subdivision is not located along the lower coastal resource areas of South Kohala. 4.4 Police and Fire Protection and Medical Services Protective and emergency services are provided by the County of Hawaii, with the police headquarters and fire station located in Kailua-Kona and also by the Police Station in Waimea and a Fire Station at approximately 1/4 mile north of the 73 mile marker on the Queen Kaahumanu Highway to service the resort areas along this section of the South Kohala District. -17- Medical, surgical, acute care and skilled nursing facilities are available at either the North Hawaii Community Hospital in Waimea or the Kona Community Hospital in Kealakekua. Impacts and Mitigation None required, as adequate police, fire protection and medical services are available. 4.5 Utilities Electrical power is available from the Hawaii Electric Light Company, and telephone service from Verizon Hawaii. Impacts and Mitigation None required since adequate utility services are available. 5. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 5.1 Relationship Between Short -Term and Long -Term Uses and Maintenance of Long - Term Productivity The existing approved Subdivision will alter the open space character of the property, but based on the findings within this report, with the implementation of appropriate mitigative measures, the Subdivision will not result in any significant short-term or long-term adverse impacts to the environment. The Subdivision is supported by the necessary public facilities and services, and development would proceed in a manner that is in concert with the long-range State, County and community plans for the region. Further development of the Subdivision with the additional 24 Single Family Dwellings will also result in socioeconomic benefits to the community. The construction work associated with the Subdivision will provide short-term direct employment in the construction industry. Public revenues from personal and real property taxes are expected to more than offset the cost for the minimal expansion in the need for public services necessitated as a result of the Subdivision. 5.2 Mitigative Measures Proposed to Avoid, Minimize, Rectify, or Reduce Impacts. Two types of mitigation measures will be employed to ensure that potential adverse environmental impacts resulting from establishment of the Project are minimized. They can be characterized as generic and specific. Generic mitigation measures are standard actions aimed at reducing or eliminating impacts that have already been institutionalized through County, State or Federal regulations, codes, and ordinances. Mitigation measures of this type usually apply to control of temporary or short-term construction impacts such as soil loss, noise, and air quality effects. Generic mitigation measures are standard, accepted means appropriate for minimizing temporary or limited environmental impacts. Specific mitigation measures are generally recommended for actions that may have residual or long-term effect, or those for which some form of monitoring or compensation for the environmental effect are required. In terms of the Subdivision, the specific and generic mitigation measures that are recommended include: I" o limiting construction to dry periods to the extent practical o limiting construction activities to daytime hours o adherence to all Federal, State, and County environmental protection, health, safety, and construction rules and regulations o controlling dust by watering exposed areas and through the use of proper stockpiling procedures o protection and preservation of archaeological and historical resources in accordance with appropriate State and County rules and regulations, if applicable. 6. ALTERNATIVES CONSIDERED An exploration and evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality, avoid or reduce adverse environmental impacts, costs, and risks, was performed in order to assess options that might enhance environmental quality and cause fewer detrimental effects. A discussion of these alternatives follows. 6.1 No Action Alternative Under the "No Action" alternative, the Subdivision would continue to remain within the Multiple Family Residential zoning which would be inconsistent with the type of development that is allowed by the Subdivision CC&R's. Keeping the area in status quo would not be consistent with the economic and housing goals of the General Plan which allows residents with opportunities to improve their quality of life, attain safe, sanitary and livable housing for the residents of the County of Hawaii, maintain a housing supply which allows a variety of choice, develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people of the Hawaii State Plan which encourages a strong, viable economy characterized by stability, diversity, and growth that enable the fulfillment of the needs and expectations of Hawaii's present and future generations, a desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well being of the people, physical, social and economic well being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. The "no action" alternative also will not result in any physical change to the Property but the existing zoning would not be consistent with the existing single family uses. This alternative will not allow the objective of the Project to be achieved and would deny the public the homeowners the benefits associated with the proposed development. 6.2 Alternative Use The current zoning for the property is Multiple Family Residential (RM -3.0) and Multiple Family Residential (RM -4.0). The Property, based on its approved residential subdivision is already developed with Single Family Residential dwellings. The Project would be compatible with the County of Hawaii General Plan. The alternative use for the for the Project would not permit anything but the development of Single Family Dwellings on each lot because of the Homeowners Association CC&R's requirement that -19- allow only one single family dwelling per lot. Therefore, the alternative use of the Property for the Subdivision is not deemed to be a viable alternative. 6.3 Alternative Locations The Property has favorable site characteristics for Single Family Residential development. The Subdivision has been approved by the County of Hawaii and although there are other areas within the Mauna Lani Resort development for such uses, the redesignation of the zoning from Multiple Family to Single Family Residential would be complementary to the CC&R's requirements of the existing subdivision and be complementary and consistent with the requested zoning. Infrastructure to serve the property is already in place to the Subdivision. 6.4 Irreversible and Irretrievable Commitment of Resources As with any development, the proposed action will result in commitment of land, capital, material, public services, and utilities. However, the low density of the proposed action should mitigate the extent to which these resources are encumbered. Based on the above findings, the proposed Single Family Residential Change of zone redesignation would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies and standards of the General Plan. 7. AGENCIES CONTACTED County Planning Department Department of Public Works Department of Water Supply Fire Department State Department of Land and Natural Resources, State Historic Preservation Division Department of Health 4833-0473-2928.1.000SSL-00001 -20- DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 345 KEKOANAO'A STREET, SUITE 20..I- HILpO, HAWAf'1 96720 TELEPHONE (808) 961-8050 • -F (4r 811- �y 8 1 Iv . January 27, 2005 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-035) REQUEST: RM -3 AND RM -4 TO RS -20 APPLICANTS — LOT OWNERS WITHIN 49 BLACK SAND AT MAUNA LANI TAX MAP KEY 6-8-033:001-006, 008-014, 016-018, AND 020-049 We have reviewed the subject application for a Change of Zone and have the following comments. The subject parcels each have a 1 -inch meter with the Department. Therefore, water is sufficient for each property's single-family dwelling; and the Department has no objections to this application. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. ti SHK:sco Sincerely yours, copy - Mr. Steven S. C. Lim, Carlsmith Ball, LLP lag / EXHIBIT ... Water drinyj rroyreJJ... B The Department of Water Supply is an Equal Opportunity provider and employer. To file acomplalnt of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington fK 20250-9410. Or call (202) 720-5964 (voice and TDD) Harry Kim Mayor Barbara Bell Director Nelson Ho Deputy Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 a Hilo, Hawaii 967204252 (808) 961-8083 • Fax (808) 961.8086 MEMORANDUM Date January 5, 2005 To CHRISTOPHER YUEN, Planning 1 ctor From BARBARA BELL, Director {� Subject Change of Zone Application (REZ 04-035) Applicant: Lot Owners Within the 49 Black Sand at Mauna Lani Request: RM -3 & RM4 to RS -20 TMK: 6-8-33:1-6,8-14,16-18,2049 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER DIVISION: N/A No comments Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: SOLID WASTE DIVISION: ( ) ILI- No comments (X) Commercial operations may not use transfer stations for disposal. (�) Aggregates and any other construction/demolition waste should be reused to its fullest extent. ( ) Ample room should be provided for recycling. () Greenwaste may be disposed of at the drop sites located at the Kaiiva and Hilo transfer stations, or other suitable diversion programs. ( �() Construction/demolition waste is prohibited at County Transfer Stations. ( ) Other: cc: SWD Hawaii County is an equal opportunity provider and employer. �rnra EXHIBIT fr ®6r1..p r R49MmnaLaniREZ.dm - 22/05 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION LOT OWNERS OF THE 49 BLACK SAND BEACH AT MAUNA LANI SUBDIVISION CHANGE OF ZONE APPLICATION (REZ 04-035) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation of the subject request for a Change of Zone be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: Forty-six (46) lot owners at the 49 Black Sand Beach at Mauna Lani Subdivision are requesting a Change of Zone from Multiple -Family Residential (RM -3 and RM -4) to Single -Family Residential (RS -20). The total acreage of the 46 lots is approximately 41.4 acres, with approximately 14.411 acres proposed to be amended from RM -3 to RS - 20, and 27.005 acres proposed to be amended from RM -4 to RS -20. The objective of the rezoning is to more accurately reflect the actual use of the lots within the subdivision. All the existing structures in the subdivision are single-family dwellings, and the CC&R's recorded on July 13, 1999 as Document No. 99-120045 states that no structures other than one dwelling unit and accessory structures shall be constructed on any lot. All dwellings on the lots within the subdivision are restricted for single-family residential purposes and a garage for at least two cars. The covenant also prohibits carports and similar structures on the properties. There will be no further subdivision of the lots. Of the 52 lot owners within the 49 Black Sand Beach at Mauna Lani Subdivision, 46 have consented to the request. The remaining lots are not included in this change of zone application. The 49 Black Sand Beach at Mauna Lani Subdivision was approved as Subdivision No. 7129 on June 21, 1999. There are a total of 53 lots in this subdivision, of which 46 lots are proposed to be redesignated RS -20. Parcels, 14, 15 and 16 were consolidated and resubdivided into Parcels 14 and 16 by Subdivision No. 7149 approved on July 23, 1999. Therefore, the original 53 -lot subdivision is currently a 52 -lot subdivision. Of the remaining six (6) lots, Parcels 7 and 19 are not included in this request, as the landowners were not interested in pursuing the change of zone. Parcels 50, 51 and 52 are the common areas and Parcel 53 is the subdivision roadway. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed change of zone request from the Multiple -Family Residential (RM -3 and RM -4) to a Single -Family Residential (RS -20) district will conform to, among others, the goals, policies and standards of Land Use, Economic and Housing Elements of the General Plan. The change of zone would complement the existing residential land uses in the area. The subdivision is surrounded by vacant lands and the 7`h to the 13`h fairways of the Mauna Lani Frances I'i Brown South Golf Course. Lands in the immediate area are zoned Open, RM -3 and RM -4. This request would complement a policy of the Land Use element of the General Plan which states, "allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County." Although the subdivision is zoned Multiple -Family Residential, only single-family dwellings are permitted in the subdivision. Of the 46 properties, single-family dwellings have been constructed on 23 lots and the remaining 23 lots are vacant. The two lots which are not a part of this request are vacant. The requested Single -Family Residential zoning designation would be more appropriate for the area. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical -2- relationship among the various land uses. The properties are designated Open, Resort and Low Density Urban. The General Plan LUPAG Map amendment pending before the County Council proposes to change the designation of this area from Low Density Urban to Resort Node. The proposed new Resort Node category would designate a major resort area such as the Mauna Lani Resort and allow a variety of uses. A major resort area is defined as a self-contained resort destination area that provides basic and support facilities for the needs of the entire development. Such facilities include sewer, water, roads and employee housing. The properties are located within an area adequately served with essential services and facilities. The 46 properties are part of the 49 Black Sand Beach at Mauna Lani Subdivision, approved as Subdivision No. 7129 on June 21, 1999. Access to the properties is from Mauna Lani Drive to Kaniku Drive, an existing roadway with a 60 -foot right-of-way, 8 -foot wide paved shoulders, and an approximate 24 -foot wide, two-lane pavement. According to the applicant, water is available from the existing Department of Water Supply system that serves the Mauna Lani Resort. Police and emergency services are available at the County police station in Waimea and a police and fire station in Kailua-Kona. Police and fire services for the resort area are also available approximately %< mile north of the 73 -mile marker on the Queen Kaahumanu Highway. Medical services are available at the North Hawaii Community Hospital in Waimea or the Kona Community Hospital in Kealakekua. Electric and telephone services are available to the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The properties are located within the Special Management Area. There is no record of a designated public access that traverses the properties. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. -3- The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone "X," areas outside the 500 -year flood plain. Any new construction or substantial improvements will be subject to the requirements of Chapter 27 - Flood Control, of the Hawaii County Code. There are no significant drainage ways that adversely affects the project site. The entire site has been grubbed and graded as part of the 49 Black Sand Beach at Mauna Lani Subdivision. In a letter dated October 13, 2004, the applicant has requested a letter of "no effect" from the DLNR-HPD. There is no evidence of valued cultural, historical or natural resources in the project area. As no traditional and customary Native Hawaiian rights are presently conducted on the properties, the proposed action will not affect traditional Hawaiian rights. Given the subdivision's urban setting, the presence of any known rare, threatened, or endangered species or endangered floral and fauna species is remote. The properties were previously grubbed and graded as part of the development of the 49 Black Sand Beach at Mauna Lani Subdivision. The subdivision is not used for access to the mountains or shoreline and no access to these areas will be impacted by the proposed action. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: An Archaeological Preservation Plan for All or Part of Eight Sites at the 49 Black Sand Beach Development, Wi of Anaehoomalu, Waikoloa Ahupua'a South Kohala District, Hawaii Island by Cultural Surveys Hawaii dated May, 1999 was submitted with the application. No formal botanical survey was included with the request. • The valued cultural, historical, and natural resources found in the rezoning area: The area is not among those listed as historic properties in the General Plan or the State Register of Historic Places and has not been determined to be eligible for inclusion in the National Register of Historic Places. A revised preservation plan for the subdivision was accepted by the DLNR-HPD in a letter dated June 16, -4- 1999 and Cultural Surveys Hawaii is continuing to work with DLNR-HPD to complete the implementation of the revised preservation plan. The preservation of Site 21229 on Lot 2 of the subdivision prepared by Dr. Robert Rechtman was approved by DLNR-HPD in a letter dated November 1, 2002. In a letter dated October 13, 2004, the applicant has requested a letter of "no effect" from the DLNR-HPD. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by construction or ground alteration. According to the applicant, there are no endangered species of flora on the properties. • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, this request to reclassify the subject properties from a Multiple -Family Residential (RM -3 and RM -4) to a Single -Family Residential (RS - 20) district would result in an appropriate land use pattern and further benefit the general public. The accompanying draft bill to amend Section 25-8-13 (Puako-Anaehoomalu Zone Map), Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- C49MmnalaniREZ.dm-2/2/05 LOT OWNERS OF THE 49 BLACK SAND BEACH AT MAUNA LANI SUBDIVISION CHANGE OF ZONE APPLICATION (REZ 04-035) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. C. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements.