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HomeMy WebLinkAbout03/10/21 PD BACKGROUND REPORT (USE-21-85)COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ARTHUR H. AREJIAN TRUST USE PERMIT APPLICATION (USE-21-000085) The ARTHUR H. AREJIAN TRUST is requesting a Use Permit to operate a four (4) bedroom Bed and Breakfast in an existing residence situated on a 14,530 square foot lot within the State Land Use Urban District. The subject property is located at 78-6626 Alii Drive, approximately 0.5 miles south of the La`aloa Road intersection, Kahalu`u Breach Lots, North Kona District, Hawaii Island, TMK: (3) 7-8-014: 076 APPLICANTS' REQUEST 1. Proposed Use: The applicant is requesting to operate a four-room bed and breakfast in the residence on the subject property.The home consists of five bedrooms and five bathrooms, one ofwhich will be used for a full-time on-site caretaker. The proposed bed and breakfast will provide overnight accommodations to a maximum of ten (10) guests in four (4) bedrooms, for a period of less than thirty days. Breakfast may be provided to registered guests only; no other meals will be provided. Paved parking will include a 3-car garage and two (2)paved parking spaces located on the property. No exterior signage is proposed. The full-time caretaker will reside onsite in the room at the south end of the house on the lower level. 2. Reason for the Request: The applicant states that alternative visitor experiences are in high demand in Hawaii, especially since the implementation of Bill 108. Many visitors to Hawaii are looking for accommodations and experiences outside of the typical resort environment. Bed and breakfast accommodations provide alternative lodging sites for visitors seeking a more personal experience in Hawai`i. 3.Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — Use Permit Application dated December 12, 2020). 4.Background Information: Special Management Area (SMA) Assessment (SAA-20- 001747) was submitted to the Planning Department for interior renovations in preparation for the proposed bed and breakfast.By letter dated April 14,2020 the Planning Department indicated that no SMA permit was required and that the proposed renovations would not have a substantial adverse effect on the SMA (Planning Department Exhibit 2 — April 14,2020 Letter). 5. Landowner: Arthur H. Arejian Trust STATE AND COUNTY PLANS 6. State Land Use District: Urban 7. County Zoning: Single-Family Residential-7,500 square feet; RS-7.5 8. General Plan Land Use Pattern Allocation Guide (LUPAG): Open 9.Kona Community Development Plan (KCDP): The KCDP was adopted by Ordinance No. 08-131, which became effective on September 25, 2008. The property is within the boundary of the Kona Urban Area. 10. Special Management Area(SMA): The subject property is adjacent to the shoreline and within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 11. Description of Property:The 14,530 square foot subject parcel is located makai(seaward) of Ali'i Drive, approximately 0.5 mile south of its intersection with La'aloa Avenue. The subject parcel is generally rectangular in shape with the shoreline on the western boundary and has been used residentially for approximately 40 years. The shoreline adjacent to the subject parcel is rocky and generally rough with small pockets of seasonal sand that infill depressions in the lava rock. The majority of the subject parcel is developed with the residential structure,parking, pool, and residential landscaping. 12. Surrounding Zoning/Land Uses:The zoning of the subject property and the surrounding properties is Single-Family Residential (RS-7.5). There are larger undeveloped parcels with single and multi-family residential zoning to the east,mauka of Ali'i Drive. Kahalu`u Bay and the Kahalu`u Resort Node are approximately 0.4 miles south of the subject parcel. 13. Flood Zone: The project site is located within Zone VE (coastal flood zone).The property is located within the Tsunami Evacuation Zone and is covered by a warning siren located at Kahalu`u Beach Park. 14. Flora/Faunal Resources: Although there was no formal survey conducted of the floral and faunal resources of the site, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within or proximate to the subject site as this area has been cleared and used residentially for many years. Vegetation found in the project 2- area consists primarily of typical coastal landscape plants including coconut and fan palms, plumeria, octopus tree, bananas and hibiscus. Due to the largely urban nature of the surrounding area, it is unlikely that native birds would frequent the area or the subject property. All proposed activities will occur on previously cleared areas so impacts to native flora and fauna are expected to be minimal. Further, no uses or activities are proposed in the minimum 40-foot shoreline setback area. In addition, introduced bird species (such as dove, house sparrow, house finch, saffron finch, Japanese White-eye, myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. 15. Archaeological/Cultural/Historical Resources: The subject property is adjacent to the shoreline; however, no actions are proposed within the shoreline setback area and no changes to the shoreline access will occur. Additionally, no ground disturbance will occur with only minor improvements (i.e., bike rack) taking place outside of the structure's existing footprint. The proposed use will utilize an existing home as a bed and breakfast for visitor accommodations. The shoreline fronting the subject parcel is rocky and rough. Kahalu`u Bay,which is a popular shoreline recreation area and beach park is approximately 1/2 mile south of the subject parcel. There is no indication that the subject property or immediate surrounding area have been used by Native Hawaiians for gathering or other purposes, and no known archeological or cultural features have ever been discovered. 16. Public Access: There is an existing established shoreline public access route along the southern boundary of the subject property. This access is listed by the County as"Kahalu`u Beach Lots Subdivision", described as Rocky shoreline and tidal ponds; Fishing; Limited parking along Ali'i Drive; No facilities; Hazardous footing, currents and waves. The proposed use will not impact the established public access along the southern property boundary. Under the proposed use the public access would be maintained clear of encroaching vegetation. As such no effects on public access will occur. 17. Traffic: The applicants anticipate the proposed use would generate a modest increase in traffic to the subject site; however, the increase would be limited to registered guests. Due to the proposed maximum of 10 guests, the traffic generated by the proposed use will not represent a significant increase over existing residential levels. 3- PUBLIC SERVICES AND FACILITIES 18. Roadway Access: The subject parcel is accessed by Ali'i Drive, which is a County owned and maintained access with an average pavement width of 35 feet within a 40-foot right- of-way. 19. Water: The subject parcel is currently served by one(1) existing 5/8-inch meter, allotted one (1) equivalent unit of water. The Department of Water Supply (DWS) has noted that the existing usage at the project site over the past year is approximately 950-gallons per day (GPD), which is equivalent to three (3) units of water. The DWS requests that the applicant submits estimated maximum daily water usage calculations for review and approval.Upon receipt of the water usage calculations the DWS will make a determination as to the water commitment deposit amount and prevailing facilities charges to be paid, if necessary. Based on the water demand the DWS will determine the appropriate service lateral and meter size required. The proposed project will require the installation of a reduced pressure type backflow prevention assembly, within 5 feet of the meter on the property. The installation of the backflow prevention assembly must be inspected and approved by the DWS before commencement/continuation of water service. 20. Wastewater: Currently the home is served by a permitted cesspool, a cesspool survey dated January 13, 1987 was included with the application. 21. Other Essential Utilities and Services: Telephone and electrical power service is currently available along the Ali'i Road frontage on the project site. Police, fire and medical services are available in Kailua-Kona. AGENCIES' COMMENTS 22. Department of Water Supply: (Planning Department Exhibit 3 — February 4, 2021 Memo) 23. Department of Environmental Management: (Planning Department Exhibit 4 — February 10, 2021 memo) 24. Fire Department: (Planning Department Exhibit 5—January 29, 2021 memo) 25. Department of Public Works — Engineering: (Planning Department Exhibit 6 — February 25, 2021 memo). AGENCIES—NO COMMENTS/CONCERNS 26. Police Department: (Planning Department Exhibit 7—February 2, 2021 Memo) 4- 27. Department of Land and Natural Resources (DLNR): (Planning Department Exhibit 8—February 24, 2021 Letter) APPLICANTS RESPONSE TO COMMENTS 28. Applicants Water Demand Calculations: (Planning Department Exhibit 9—March 5, 2021 Letter) AGENCIES —NO RESPONSE 29. State Department of Health PUBLIC COMMENTS 30. A Petition for Standing in a Contested Case Hearing was submitted by a member of the public: (Planning Department Exhibit 10—February 25,2021 Petition) 5- COUNTY OF HAWAII COH PLANNING DEPT PLANNING COMMISSION DEC 30 2020(#17:53 USE PERMIT APPLICATION Type or legibly print the requested information) APPLICANT: Arthur H. Arejian Trust APPLICANT'S SIGNATURE: DATE: I Z /I L/ Zo ADDRESS: 78-6626 Alii Drive, Kailua-Kona, HI 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: TELEPHONE:(Bus.) (323) 512-5600 (Res) (818) 371-3000 (Fax) LANDOWNER(S): Arthur H. Areiian Trust LANDOWNER SIGNATURE(S): DATE: I Z- (( Z ( Z^ My lett ADDRESS: 78-6626 Alii Drive, Kailua- HIbe 9b6740er) TAX MAP KEY: (3) 7-8-014: 076 STREET ADDRESS OF PROPERTY: 78-6626 Alii Drive, Kailua-Kona, HI 96740 REQUESTED USE: Operation of a Bed and Breakfast ZONING: RS-7.5 SIZE OF PROPERTY: 14,530 sq ft AGENT: Land Planning Hawaii LLC ADDRESS: 194 Wiwoole Street, Hilo, HI 96720 TELEPHONE:(Bus.) 808-333-3393 (Res.)_ Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant Planning Dept. Exhibit I COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY USE PERMIT REQUEST ARTHUR AREJIAN TRUST KAHALUU BEACH LOTS, NORTH KONA, HAWAII TMK: (3) 7-8-014: 076 1 Table of Contents I. INTRODUCTION 3 II. PROJECT DESCRIPTION 3 3A. Project Concept and Components 3 3B. Subject Property Description 11 3C. Institutional Considerations 11 3D. Surrounding Zoning and Land Uses 15 3E. Flood Insurance Rate Map 15 3F. Archaeological Resources 15 3G. Floral and Faunal Resources 17 3H. Description of Access 17 31. Traffic Impacts 18 3J. Availability of Utilities 18 III. REGULATORY ANALYSIS 18 4A. Conformance to Zoning Code and General Plan 18 4B. Impacts to Surrounding Properties 19 4C. Impacts to Public Agencies 20 Figures 1. Location Map 4 2. Conceptual Site Plan 5 3. Existing & Proposed Floor Plans—Ground Floor 6 4. Existing & Proposed Floor Plans— Upper Level 7 5 a &b. Elevation Drawings 6_9 6. FIRM Map 16 Exhibits A. Planning Department Special Management Area Determination B. NAP Elevation Certificate C. Cesspool Card 2 INTRODUCTION The Arthur Arejian Trust ("applicant") is requesting a Use Permit for the operation of a bed and breakfast on a 14,530 square-foot property in Kailua- Kona, Hawaii. The property is located at 78-6626 Alii Drive, approximately 0.5-mile south of its intersection with La'aloa Avenue (Figure 1). The applicant is requesting to operate a four-room bed and breakfast in the residence on the subject property. The home consists of five bedrooms and five bathrooms. The home is the residence of a full-time caretaker/operator. Alternative visitor experiences are in high demand in Hawaii, especially since the implementation of Bill 108 has reduced the number of short-term vacation rentals in operation. Many visitors to Hawaii are looking for accommodations and experiences outside of the typical resort environment. Bed and breakfast accommodations provide alternative lodging sites for visitors seeking a more personal experience in Hawaii. The County, recognizing this trend has established guidelines in the Zoning Code, Section 25-4-7(b) regarding bed and breakfast establishments. The approval of this bed and breakfast facility is consistent with the social and physical character of the residential-resort area and will contribute to the economic development of the County. Further, approval of this Use Permit would be logical given the numerous vacation rental properties nearby. II. PROJECT DESCRIPTION As noted earlier, the subject property is located off Alii Drive, approximately 0.5 miles south of its intersection with La'aloa Avenue. The subject parcel is 14,530 square-feet in size, zoned RS-7.5, is generally rectangular in shape, and has been residentially developed for approximately 40 years. The proposed bed and breakfast will provide overnight accommodations to a maximum of ten (10) guests, for compensation, for a period of less than thirty days. A full-time caretaker will reside onsite in the room at the south end of the house on the lower level. 3A. Project Concept and Components As noted above, the applicant wishes to operate a bed and breakfast on the subject property. 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If i i'. 41 F-i r y ( Irl ri ill Is IE. il LI_/ h JEJLLJ 11H3 Iii f E IIL J. 1311Yi 1 11: l_= 3 1I i• ed I- The applicant respectfully requests the following elements be allowed as part of the Use Permit: 1) Accommodations —four bedrooms will be rented to guests within the house. 2) Breakfast may be provided only to registered guests and no other meals will be provided. 3) Paved parking will be provided in an existing three car garage and in designated paved spaces (2) between the home and Alii Drive. 4) An existing swimming pool may also be used by registered guests. 5) No exterior signage is proposed for the bed & breakfast. 6) The project will be operated by the property caretaker who would reside on site in the bedroom indicated on the plans. Real Property Tax records indicate the house was built in 1987 under permit#860290 and received final inspections. The home will be undergoing long deferred maintenance to make the property more marketable as a bed & breakfast. Work will include: 1. New roof installation —wood shake to composite shingle. 2. Home will be painted — interior and exterior. 3. New tile floors will be installed throughout. 4. Windows and Doors will be salvaged to the greatest extent possible and repaired / replaced as needed. 5. A bike rack will be installed under the cantilevered portion of the lower floor. 6. The front entry Rock wall will be cut back to facilitate parking ingress and egress. 7. Railings throughout the home are currently vertical wood slats but will be converted to cable railings to better optimize the view plane. 8. There will be one coconut tree cut down that is on the northern side of the home. It is currently tilted to the point where it is growing under the neighboring home's eave. It has become a nuisance and safety hazard. 10 Renovations to the home have been permitted (BK 2020-01531) and exempted from Special Management Area Permitting (Exhibit A). The estimated timeframe to obtain building permits and complete the development and infrastructure improvements is estimated to be 6 months. The estimated cost of said improvements for this project is approximately $150,000. 3B. Subject Property Description As noted earlier, the project site is identified by TMK (3) 7-8-014: 076 with an area of 14,530 square-feet. The subject site is located off Alii Drive, approximately 0.5 mile south of its intersection with La'aloa Avenue. The subject parcel is generally rectangular in shape with the shoreline on the western boundary and has been used residentially for approximately 40 years. The shoreline adjacent to the subject parcel is rocky and generally rough with small pockets of sand that come and go in depressions in the lava rock. 3C. Institutional Considerations State Land Use The subject site is designated State Land Use Urban. The proposed use would not be contrary to the objectives of Chapter 205, or Title 15 Chapter 15 Hawaii Revised Statutes. State Land Use Law and Regulations generally defer to the authority of the County regarding permitted uses in the Urban district. Hawaii County Code Chapter 25-5-3(b)(1) allows for the establishment of a bed and breakfast on residentially zoned lands provided that a use permit is issued. Based on the authority conferred on the Planning Commission by County Code Section 25-2-62 to 65. Special Management Area The subject property is adjacent to the shoreline and within the SMA. A Special Management Area Assessment (SAA-20-001747) was submitted to the Planning Department on March 6, 2020. The Planning Department concluded that: Based on the information provided, the Director finds that the proposed improvements and maintenance to an existing dwelling will not have a cumulative impact, 11 or significant adverse environmental or ecological effect on the special management area. (Exhibit A) County Zoning and General Plan The County zoning of the subject site is Residential 7,500 square-feet RS-7.5). The County General Plan Land Use Pattern Allocation Guide (LUPAG) map, designates the parcel as Open Area. The LUPAG Open designation is intended for Parks and other recreational areas, historic sites, and open shoreline areas, however, the LUPAG map is intended to be a broad, flexible design intended to guide the direction and quality of future developments in a coordinated and rational manner. Relative to these designations, Hawaii County Code Chapter 25-5- 3(b)(1) allows for the establishment of a bed and breakfast on residentially zoned lands provided that a use permit is issued where the requested use meets certain criteria as outlined in Section 4 of the permit application. General Plan Discussion The Hawaii County General Plan serves as a guide for decision- makers in land use matters. The proposed project is conducive to the General Plan's guidelines as it conforms to the following goals, policies, and standards of the General Plan: 2.2 Goals a) Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. b) Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. c) Strive for diversity and stability in the economic system d) Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. e) Strive for an economic climate that provides its residents an opportunity for choice of occupation. f) Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. 12 2.3 Policies c) Encourage the development of a visitor industry that is in harmony with the social, physical, and economic goals of the residents of the County 14.1.3 Policies t) Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The General plan also encourages the development of small-scale accommodations; In recent years, niche tourism markets, such as eco-tourism and health and wellness tourism have established themselves throughout the island. Niche markets for these types of tourism have growth potential by promoting the abundance of natural, historical and cultural resources this island has to offer. While most of the larger resorts focus upon recreational opportunities offered by the island's coastal resources, these niche tourism markets also take advantage of other natural and cultural resources available from various locations throughout the County. Approval of the requested Use Permit would be in line with the aforementioned economic and land use goals and policies of the General Plan by maintaining the character of the community while offering alternative lodging options to island visitors. Kona Community Development Plan The Kona Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision-makers. The proposed Use Permit request is conducive to the following goals, objectives, and policies outlined in the KCDP: The subject property is located in the Kona Urban area and more specifically, the Kahalu'u Makai Village Neighborhood TOD. This secondary mixed-use, mixed-density area denoted with a boundary of roughly equivalent to a 10-minute walking radius from the village center. The proposed use would establish visitor accommodations in an area identified as desirable for future development. The adjacent Kahalu'u Makai Village center would include a higher-density urban core with mixed uses and transit options. 13 Policy TRAN-6.1: Official Concurrency Map. Concurrency requirements shall be determined by HCC §25-2-46 and be generally consistent with the Official Concurrency Map and be informed by a TIAR when applicable. The proposed bed and breakfast establishment would offer four rooms for rent in an existing home with direct access to Ali'i Drive. The proposed use would generate a modest increase in traffic. However, the potential traffic generated by a maximum of ten (10) guests using a combined four (4) parking spaces would represent a negligible increase in traffic to area transportation facilities. Further, none of the proposed connector roads identified in the KCDP cross or lie adjacent to the subject parcel. Policy LU1.2 Urban Area. The majority of future growth in Kona shall be directed to the Kona Urban Area shown on the Official Kona Land Use Map (see Figure 4-7), which spans from the Kona International Airport to Keauhou subject to the policies set forth under Objective LU-2 Urban Area Growth Management. The proposed bed and breakfast is within the Kona Urban Area as defined by the KCDP and as such would further the policy of concentrating growth in this area. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site. The subject property is adjacent to the shoreline. However, no actions are proposed within the shoreline setback area and no changes to shoreline access will occur. The proposed use will utilize an existing home as a bed and breakfast for visitor accommodations. The shoreline fronting the subject property is rocky and rough, though Kahalu'u Bay, a popular shoreline recreation area and beach park is approximately half a mile to the south. It is not known whether the subject property or immediate surrounding area have ever been used for the gathering of plants by Native 14 Hawaiians. However, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. There are also no known archaeological features on the subject property. Based on the above, it does not appear that the project would have any potential adverse impact relating to the cultural and historical resources of this area. 3D. Surrounding Zoning and Land Uses The County zoning of the subject property and the surrounding area is Residential (RS-7.5). Larger undeveloped parcels with single and multi-family residential zoning lie to the east, mauka of Alii Drive. Kahalu'u Bay and the Kahalu'u Resort Node lie approximately 0.4 miles to the south. A search of vacation rental sites indicates that the majority of the surrounding properties are used for vacation rentals, similar to the proposed bed and breakfast. 3E. Flood Insurance Rate Map The US Corps of Engineers Flood Insurance Rate Map (FIRM) designates the majority of the subject parcel falling within Zone VE coastal flood zone with velocity hazard (wave action)) (Figure 6). However, there are no identified drainage ways through the site and the proposed use will comply with the requirements of Chapter 27 relating to Flood Control. The home has an elevation certificate on file with the Department of Public Works which was evaluated during renovation permit issuance (Exhibit B). The property is located in the Tsunami Evacuation Zone. The property is covered by the warning siren located at the Kahalu'u Beach Park approximately 0.4 miles to the south. The nearest mauka-makai evacuation route is La'aloa Avenue approximately 0.5 mile to the north. 3F. Archaeological Resources As construction will be limited to areas within the existing building outline and a small section of existing rock wall, archaeological resources are not expected to be encountered. No commissioned archaeological survey of the site was made. However, if needed, an 15 4 IIF H 9` r•d y( ti\.. F I. 46 FLOOD HA2AND AlMEMAIFraT TOOL I AVER LEGEND Flood Hazard Assessment Report 1 - www hawaiin(Ip.Org SPECIAL FLOOD HAZARD AREAS(SFHAs)SUBJECT TO INUNDATION BY f, 1.1-7.),,,,.t:I. THE ao nCHANCEeL000 The1% chanceflchdcIDD J year).knowow assthebase flood,Is the flood thats i a I%Zonechance ofybeing ,equaled exceeded ygiven ata (BRAS"includeeterurateAH,.AO V,and V1,The Base FloodanElevation(BEE)is ythe water manceofthe1%annual chance flood. Mandatory flood Insurance Property Information Notes:elevationh2feapplie5lntM1esea^^es: COUNTY: HAWAII ZoneA:No BFE determined. TMN NO: 3)7-8-030'.076 WATERSHED: WAIAHA ZoneAf:BEE aeterminetl. PARCEL ADDRESS'. 3-7-8.014.075 ZoneAN Flood depths of Ito 3 feet usually areas of ponding); MINA KONA,H 96740 BFE tie(ermined. Zone AO:Flood depths of I to 3 feet )usually sheet flow onFloodHazardInformationslopingterrain;average depths determined. FIRM INDEX DATE'. SEPTEMBER 29,2017 Zone V.Coastal flood tone with velocity hazard(wave action), LETTER OF MAP CHANGE(S):NONE noBFE determined. FEMA FIRM PANEL EFFECTIVE DATE. 1551660953E SEPTEMBER 39,2017 Zone VE'.Coastal flood zone with velocity hazard(wave action): 15516609540.SEPTEMBER 19,2017 BFE determined. Zone AEF. Floodway areas In Zone AE The floodway Is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA•An area in a low-to-moderate riskTHISPROPERTYISWITHINATSUNAMIEVACUTIONZONE: YES flood zone.No mandatory flood insurance purchase requirements apply,FOR MORE INFO,VISIT:http://www_scdhawaiigov/ butcoverage is available in participating communities. THIS PROPER1Y IS WITHINADAM EVACUATION ZONE NO Zone XS(Xshaded):Areas of 0.2%annual chance flood:areas ofFORMOREINFO,VISIT'.M1ttR//dlnreng hawaiisoy/demi 1%annual chance flood with average depths of less than I foot or cdrainage areas less than ] squarefloodmile: and areasprotectedbyleveesfrom1%annual[Fdof¢floOtl. Zone X'.Areas determined to be outside the 0.2%annual chanceO2040ftfloodplain. Disclaimer,The Howmi Department of I and and Natural Resources(OMB)assumes no responsibility arising from the use,accuracy,completeness, and timeliness of any information contained in rhis report Viewers/Users ore OTHER FLOOD AREAS reronsmlefor oerdying the accuracy of the information and agree to indemnify the Di Ne,irs officers,andemployeesfromanyhabmrywhichmoyorisefromitsuseofusdataorinformation. Zone o: Unstudied areas where flood hazards are undeter- mined,gnrhb mop hos been Idenofred as!PRELIMINARY please note that It d been but flooding Is possible. No mandatory flood Insurance o d 6 not to be used for flood insurance rating.Contact your county floodplain manager for floodlone determinos dtiehaze apply,but<averagekavallable in participating mmmu non to be used/or compliance yr,m mal floodplain manopementrepumrens. s- Figure 6 archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity. Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease, and the applicants will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. 3G. Floral and Faunal Resources Although there was no formal survey conducted of the floral and faunal resources of the site, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within or proximate to the subject site as this area has been cleared and used residentially many years. Vegetation found in the project area consists primarily typical coastal landscape plants including coconut and fan palms, plumeria, octopus tree, bananas and hibiscus Due to the largely urban nature of the surrounding area, it is unlikely that native birds would frequent the area or the subject property. All proposed activities will occur on previously cleared areas so impacts to native flora and fauna are expected to be minimal. Further, no uses or activities are proposed in the shoreline setback area. In addition, introduced bird species (such as dove, house sparrow, house finch, saffron finch, Japanese White-eye, myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. These are all common and not endangered. As such, it is unlikely that the proposed use of the subject property would cause any adverse faunal impacts. 3H. Description of Access The subject parcel is accessed via Alii Drive, approximately 0.5 miles south of its intersection with La'aloa Avenue. Ali'i Drive is a County owned and maintained access with an average pavement width of 35 feet within a 40 foot right of way. The condition of Alii Drive proximate to the subject parcel is good. The subject parcel is adjacent to the shoreline. There is an existing established shoreline public access route along the southern 17 boundary of the subject property. This access is listed by the County as Kahaluu Beach Lots Subdivision — Rocky shoreline and tidal ponds. Fishing. Limited parking along Alii Drive. No facilities. Hazardous footing, currents and waves. The proposed use will not impact the established public access along the southern property boundary. Under the proposed use the public access would be maintained clear of encroaching vegetation. As such, no public access will be affected by this request. 31. Traffic Impacts Traffic on Ali'i Drive is moderate and made up of residents of the area and visitors. The proposed use would generate a modest increase in traffic to the subject site; however, the increase would be limited to registered guests. Due to the proposed maximum of 10 guests, the traffic generated by the proposed use will not represent a significant increase over existing residential levels. 3.1. Availability of Utilities HELCO power is available to the site. Water is provided by the Department of Water Supply system and is adequate for the proposed use. The property is not served by County or private sewer systems. The southern extent of the Kealakehe Wastewater system is approximately 1,200-feet north of the subject parcel (with the nearest pump station at Pahoehoe). The northern terminus of the private Kealakehe wastewater system is approximately 1,200-feet south of the subject parcel. It is not known if a sewer system is likely to be extended to the subject property within the next ten years. Currently the home is served by a permitted cesspool (Exhibit C). Hawaii Department of Health regulations require that all cesspools in Hawaii be converted to an approved Individual Wastewater System by 2050. All other utilities are available to the site. III. REGULATORY ANALYSIS 4A. Conformance to Zoning Code and General Plan The proposed use will not be contrary to the goals, polices, and standards of the General Plan and other applicable documents such as the Kona Community Development Plan. As discussed in Section 3C the proposed use conforms to the General Plan's Policies, Goals, 18 and Standards. The proposed request clearly meets the goals of the GP outlined above. The proposed project will provide an opportunity for the applicants to establish a four-bedroom bed and breakfast, providing additional alternative lodging choices for visitors. The approval of this bed and breakfast facility is consistent with the social and physical character of the suburban area and will contribute to the economic development of the County. The proposed use will not substantially alter or change the essential character of the land and the present use. The proposed project is intended to preserve the essential character of the present use of the property so that it may be enjoyed by others. The subject property is presently used and will continue to be used residentially. The proposed bed and breakfast establishment would offer four rooms for rent in an existing home within a rural neighborhood. The proposed alterations and additional accessory structures would be evaluated and approved by the community architecture committee and would therefore be complementary to the community character. Further, the existing bed and breakfast establishments in the area speak to the suitability of the proposed use. 4B. Impacts to Surrounding Properties The desired use shall not adversely affect the surrounding properties. There are few homes proximate to the subject site and many of the properties in the area utilize landscaping to screen views from neighboring properties. The applicants will establish and maintain landscaping in keeping with the character of the area. All patrons will park onsite in parking stalls provided by the applicants. Based on the maximum number of guests and anticipated frequency of trips, the proposed request will not generate a significant increase in traffic. A search of vacation rental sites indicates that the majority of the surrounding properties are used for vacation rentals, similar to the proposed bed and breakfast, minimizing the potential for conflicts between residential and visitor uses. Additionally, the requested use should not interfere with morning school and work traffic. Traffic in the afternoon would essentially be similar to common residential traffic. Further, the applicants' proposed use is quiet and will not cause a nuisance to the surrounding community regarding sound. Though the bed 8 breakfast will be available for overnight accommodation, good neighbor policies will be adhered to including quiet hours, minimizing 19 the likelihood of adverse impacts due to noise from the bed & breakfast. Further the on-site caretaker would further mitigate any potential adverse impacts from visitor use. Lastly, visual impacts will be very minimal. The applicants intend to provide landscaping so as maintain visual effects that are consistent with the surrounding neighborhood. Also, the proposed renovations and proposed on the property are attractive and will improve the overall appearance of the home. No coastal views will substantially change resulting from the proposed use or associated renovations. 4C. Impacts to Public Agencies The proposed project will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. The subject site is already accessible via Ali'i Drive and no additional utilities will need to be provided by public agencies. The Keauhou Fire Station is located approximately 4.5 miles to the south. The Kona Police Station is located approximately 5 miles to the north. The project site is served by the County water system. Wastewater is currently handled by a permitted cesspool. The parcel is served by all other utilities. Therefore, the proposed use is not expected to impact public agencies as it will not require any services. Notwithstanding the current unprecedented downturn in tourism statewide due to the global novel coronavirus pandemic, alternative visitor experiences are in high demand in Hawaii, especially since the implementation of Bill 108 has reduced the number of short-term vacation rentals in operation. Many visitors to Hawaii are looking for accommodations and experiences outside of the typical resort environment. Bed and breakfast accommodations provide alternative lodging sites for visitors seeking a more personal experience in Hawaii. Bed and breakfast establishments also provide an appropriate scale of service in suburban and residential areas such as this property. In conclusion, the proposed Use Permit request would contribute to the economic recovery of Kona by allowing alternative visitor experiences and overnight accommodations while maintaining the unique small-town character of the community. 20 Harry Kimi •.a . Mayor y s, Michael Yee a . „. Director a).Wil Og e I•. = Duane Dir DirectorManagingDirectorDeputyKanuh West Hawaii Office East Hawaii Office74.5044 Ant Keahokalole Hwy 101 Pauahi Street Suite 3Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720Phone(808)M-4770 Phone 008)961-8288Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 April 14, 2020 Mark Krzyzanowski 88-1491 Awapuhi Pl. Captain Cook, HI 96704 Dear Mr. Krzyzanowski: SUBJECT: Special Management Area(SMA)Use Permit Assessment Application SAA-20-001747) Applicant(s): Mark Krzyzanowski Land Owner(s): Arthur H. Arejian Trust Project: Improvements and Maintenance to Existing DwellingTaxMapKey: 3) 7-8-014:076 We have reviewed the subject Special Management Area (SMA) Use Permit Assessment Application (SAA-20-001747), submitted to this office on March 6, 2020. We apologize for the lengthy review and appreciate your patience. The 0.33-acre subject parcel is zoned Single-Family Residential 7,500 square feet(RS-7.5)by the County and designated Urban by the State Land Use Commission (LUC). The subject parcel is designated as "Open" (ope) by the Hawai' CountyGeneralPlanLandUsePatternAllocationGuide (LUPAG)map. The parcel is within the Special Management Area (SMA), however, the proposed project is not within the "shoreline area" as defined by Section 205A-41, Hawai' Revised Statutes (HRS). Based on the proposed project the Director has determined the requirement to submit a current certified shoreline survey is waived. Proposed Project: The applicant is proposing to conduct improvements and repairs to an existing dwelling locatedonthesubjectparcel.The proposed project includes: Replace roofing materials (wood shake to composite shingle); Interior painting and the application of exterior stucco; Installation of new tile floors throughout dwelling; www,hiolanninedeot earn Hawaii Couny is an Equal Opportunity Provider and Employer plzmdneMamwaiicpunty,aov Exhibit A mei 1- 6 2020, Mark Krzyzanowski April 14, 2020 Page 2 Replacement of existing windows and doors as needed, landowner will work to retain as much original material as possible; Installation of a bike rack on the mauka side ofthe dwelling; Safety modifications of existing rock wall to improve parking accessibility; Replacement of existing wood slat railings with cable; and The removal of one(1) coconut tree that poses a risk to adjacent property. Special Management Area Determination: I. Pursuant to Hawai'i Revised Statutes (HRS) §205A-22, as amended, and Planning Commission Rule 9-4(e)(2) relating to the Special Management Area, "Development means any ofthe[listed] uses, activities, or operations on land or in or under water within the special management area." According to the application, the following definitions of"Development" can be applied to the proposed use: Placement or erection of any solid material or any gaseous, liquid, solid or thermal waste; and Construction,reconstruction, demolition,or alteration of the size of any structure. 2. Pursuant to Planning Commission Rule 9-4(e)(3), "any proposed use, activity, or operation listed in Section 9-4(e)(2) shall be deemed to be "Development" until the Director has determined it to be exempted from the definition of "Development". According to 9-4(e)(2) Development" does not include the following uses, activities or operations, and therefore is determined to be exempt from the definition of"Development": Repair,maintenance, or interior alterations to existing structures or relating to existing uses; and Structural and non-structural improvements to existing single-family residences,where otherwise permissible. 3. Pursuant to Planning Commission Rule 9-4(e)(4), "whenever the Director finds that any excluded use, activity, or operation may have a cumulative impact, or a significant adverse environmental or ecological effect on the Special Management Area, that use, activity, or operation shall be defined as "Development"for the purposes ofthis rule." Mark Krzyzanowski April 14,2020 Page 3 Based on the information provided,the Director finds that the proposed improvements and maintenance to an existing dwelling will not have a cumulative impact, or significant adverse environmental or ecological effect on the Special Management Area. Please note that any substantive changes to the proposed improvements,as well as any subsequent phases or activities may require further review by this office and possibly the submittal of another SMA Use Permit Assessment Application. Future Special Management Area Determinations: While further review of the proposed activities against the Special Management Area rules and regulations will not be required at this time, all other applicable Zoning and Building Code requirements must be satisfied. Additionally, pursuant to Planning Commission Rule 9-10(g), "the Director may impose certain conditions with the exemption determination to assure that the proposed use, activity, or operationdoesnothaveasubstantialadverseeffectontheSpecialManagementArea". The Director has added the following conditions for the proposed project: Director's Conditions: 1. The applicant, its successors or assigns shall be responsible for complying with all stated conditions. 2. The applicant shall secure all necessary approvals and permits from other affected federal, state, and county agencies as necessary to comply with all applicable laws and regulations. 3. Artificial light from exterior lighting fixtures, including, but not necessarily limited tofloodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be prohibited if the light directly illuminates, or is directed to project across property boundaries toward, the shoreline and ocean waters, except as may otherwise be permitted pursuant to Section 205A-71(b), Bewail Revised Statutes. 4. No land alteration, grubbing, landscaping or construction activities, including but notlimitedto,the stockpiling of debris, construction materials or equipment,shall occur in the shoreline setback area without securing a prior written determination ofminor structure or activity pursuant to Rule 11-8 from the Planning Director or approval of a Shoreline Setback Variance from the Planning Commission. Mark Krzyzanowski April 14, 2020 Page 4 5. Neither the landowner nor any agent of the landowner or its successors shall, at any time,impede or otherwise restrict lateral public access along the shoreline. 6. Any further development, including but not limited to, the construction of structures or improvements not included in this determination shall require further review and approval as provided under Chapter 205A,HRS,and Rule 9,Planning Commission Rules of Practice and Procedure. 7. That in issuing this determination, the Department has relied on the information and data that the applicant has provided in connection with this determination. If, subsequent to this determination, such information and data prove to be false, incomplete or inaccurate, this determination may be modified, suspended or revoked, in whole or in part, and/or the Department may, in addition, institute appropriate legal proceedings. 8. The Planning Director shall initiate procedures to revoke this determination should any of the conditions not be met or substantially complied with in a timely fashion. If you have questions regarding this document, please contact Alex J. Roy of this office at (808) 961-8140 or via email at alex.rov@hawaiicountv.eov . Sincerely, MICHAEL YEE Planning Director AJR:mads Mwpwin60\ala__roy\sma_czm\projects\saa-20-001747_ abatmstlwa-20.001747 mk_ahatrscdocx Encl: Receipt No. 675920; $50 for application filing fee cc: Department of Public Works—Building Division Department of Public Works—Engineering Division Kona Planning Office I U.S DEPARTMENT OF HOMELAND SECURITY OMB No.1660-0008 Federal Emergency Management Agency Expiration Date November 30,2022 National Flood Insurance Program ELEVATION CERTIFICATE Important:Follow the instructions on pages 1-9. Copy all pages of this Elevation Certificate and all attachments for(1)community official,(2)insurance agent/company,and(3)building owner. SECTION A—PROPERTY INFORMATION FOR INSURANCE COMPANY USE Al. Building Owner's Name Policy Number: Arthur Arejian A2. Building Street Address(including Apt., Unit, Suite,and/or Bldg.No.)or P.O. Route and Company NAIC Number:Box No. 786626 Alii Drive City State ZIP Code KAILUA KONA Hawaii 96740 A3. Property Description(Lot and Block Numbers,Tax Parcel Number,Legal Description,etc.) 3)7-8-014:076 M. Building Use(e.g., Residential, Non-Residential,Addition,Accessory,etc.) Residential A5. Latitude/Longitude: Lat. 19.584277 Long. -155.968807 Horizontal Datum: NAD 1927 j NAD 1983 A8. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. A7. Building Diagram Number 5 A8. For a building with a crawlspace or enclosure(s): a) Square footage of crawlspace or enclosure(s) N/A sq ft b) Number of permanent flood openings In the crawlspace or enclosure(s)within 1.0 foot above adjacent grade N/A c) Total net area of flood openings in As.b N/A sq in d) Engineered flood openings? Yes x No A9.For a building with an attached garage: a) Square footage of attached garage 62790 sq ft b) Number of permanent flood openings in the attached garage within 1.0 foot above adjacent grade N/A c) Total net area of flood openings in A9.b N/A sq in d) Engineered flood openings? Yes (] No SECTION S-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION B1.NFIP Community Name 8 Community Number B2. County Name B3. State HAWAII COUNTY-155166 HAWAII COUNTY Hawaii B4.Map/Panel 135.Suffix BS. FIRM Index B7.FIRM Panel B8.Flood B9. Base Flood Elevation(s) Number Date Effective/ Zone(s) Zone AO, use Base Flood Depth) Revised Date SEE SECTION 0 ' 09/29/2017 0 q IZ ti VE 18 feet B10. Indicate the source of the Base Flood Elevation(8FE)data orbase flood depth entered in Item B9: FIS Profile 0 FIRM Community Determined Other/Source: B11. Indicate elevation datum used for BFE in Item BR Q NGVD 1929 NAVD 1988 0 Other/Source: B12. Is the building located in a Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? 0 Yes x No Designation Date: CBRS OPA FEMA Form 086-0-33(12/19) Replaces all previous editions. Form Page 1 of 6 Exhibit B OMB No. 1660-0008 ELEVATION CERTIFICATE Expiration Date:November 30,2022 IMPORTANT: In these spaces,copy the corresponding Information from Section A. FOR INSURANCE COMPANY USE Building Street Address(including Apt.,Unit Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number: 78-6626 Alii Drive City State ZIP Code Company NAIC Number KAILUA KONA Hawaii 96740 SECTION C-BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) Cl. Building elevations are based on: 0 Construction Drawings' 0 Building Under Construction' x Finished Construction A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations-Zones Al-MO,AE,AH,A(with BFE),VE,V1-V30,V(with BFE),AR,AR/A,ARAE,AR/A1-A30,AR/AH,AR/AO. Complete Items C2.a-h below according to the building diagram specified in Item A7. In Puerto Rico only, enter meters. Benchmark Utilized: USGS BM YY1958 Kailua Pier Vertical Datum:NGVD 1929 Indicate elevation datum used for the elevations in items a)through h)below. NGVD 1929 NAVD 1988 0 Other/Source: Datum used for building elevations must be the same as that used for the BFE. Check the measurement used. a) Top of bottom floor(including basement, crawlspace,or enclosure floor) 14.7 x feet meters b) Top of the next higher floor 24.9 x feet meters c) Bottom of the lowest horizontal structural member(V Zones only) 13.7 x feet meters d) Attached garage(top of slab) 15.7 x feet 0 meters e) Lowest elevation of machinery or equipment servicing the building x feet metersDescribetypeofequipmentandlocationinComments)19.3 f) Lowest adjacent(finished)grade next to building(LAG) 6.0 x feet meters g) Highest adjacent(finished)grade next to building(HAG)16.0 x feet 0 meters h) Lowest adjacent grade at lowest elevation of deck or stairs, including structural support 0 feet meters SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor,engineer,or architect authorized by law to certify elevation Information.I certify that the information on this Certificate represents my best efforts to interpret the data available. 1 understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. Were latitude and longitude in Section A provided by a licensed land surveyor? 0 Yes No 0 Check here if attachments. Certifiefs Name License Number Thomas G.Pattison 10743OOPS G. PAT) Tide Vice President Company Name ppSIONM Pattison Land Surveying Inc. k SURVNER Address Na 1074368-1125 North Kaniku Drive, Unit 906 City State ZIP Code yKamuelaHawaii967431141.44 I I V P Signature Date Telephone Ext. Thomas Pattison N""""'"'" 17 II;,.;m 10-13-2020 808)327-9439 Copy all pages of this Elevation Certificate and all attachments for(1)community official,(2)insurance agent/company,and(3)building owner. Comments(including type of equipment and location,per C2(e),if applicable) MULTIPLE PANELS APPLY: 1551660953F-08/29/2017; 1551660954E-09/29/2017; FEMA Form 086033(12/19) Replaces all previous editions. Form Page 2 of 6 BUILDING PHOTOGRAPHS OMB No. 1660-0008ELEVATIONCERTIFICATESeeInstructionsforItemA6. Expiration Date: November 30,2022 IMPORTANT:In these spaces,copy the corresponding Information from Section A. FOR INSURANCE COMPANY USE Building Street Address(including Apt., Unit,Suite,and/or Bldg. No.)or P.O.Route and Box No. Policy Number 78-6626 Alli Drive City State ZIP Code Company NAIC Number KAILUA KONA Hawaii 96740 If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken;"Front VieW'and"Rear View";and, if required,'Right Side View"and Left Side View." Wien applicable, photographs must show the foundation with representative examples of the flood openings or vents,as indcated in Section A8.If submitting more photographs than will fit on this page,use the Continuation Page. r ytN r3s \ i- r ii' 7Y i'r {y 4 , re'": e. is g t 1 1 Photo O,. Photo One Caption rClea7Photo,One' i .mom 1 w .h r n rf"spr ' k {,•'N- lta U d J I G V'. 11Lij J Ai, h li i P4] r . ,aJh1Il ? I1a 11,41111i ,Iltar0 , ! . a lL! 4... V 1C s.r . i 7-i''-o:lt t-` t s . 1, -, i Photo Two Photo Two Caption SCker Pioto Two'., FEMA Form 086-0-33(12/19) Replaces all previous editions. Form Page 5 of 6 BUILDING PHOTOGRAPHS OMB No. 1660-0008 ELEVATION CERTIFICATE Continuation Page Expiration Date:November 30,2022 IMPORTANT:In these spaces,copy the corresponding Information from Section A. FOR INSURANCE COMPANY USE Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O. Route and Box No. Policy Number: 78-6628 Mil Drive City State ZIP Code Company NMC Number KAILUA KONA Hawaii 96740 If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all photographs with: date taken; "Front View" and "Rear VieW'; and, if required, "Right Side View' and "Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents,as indicated in Section A8. TIN- ,ixtf'Fa. i T llYis IiI'T7rimn1IXthiIH Photo mrr Photo Three Caption Kiev photo Three; 1 1 sflaa Ladsraw: m 4--•- Pilate.Pilo Fow Photo Four Caption Rdeer Prato Four FEMA Form 086633(12/19) Replaces all previous editions. Form Page 6 of 6 STATE OF HAWAII r1/',, - r'SANI N B NCFi .'J DEPAR MENT O/F H T i p' J((ENVIR NMENTAL PROTEC ION AND HEALTH7. : ' w SERVICES DIVISION L11 rr" CESSP 01. SURVEY Ah ) 3 1 r k n iProsertyOwneretit)3r/ F•i .1) -i E:V Address AL-It be J& Tax Map Key 1-e, "'I<1-e, -14474, Lot No. 17 -A lc., jO f Island Tt j\ City /r-M+L LAA -4kcsAix% District r Contractor 40--0C.&-)a conte Intended Fortekd Secondary Other Distance Fromkt• Building J5/ Boundary e r Stream, Well, Body of Water, Etc.->SOQduac Diameter (Clear) Ft. L'D Depth-Ft.0 Capacity (Gal.) No. Ft. Down to Water Table Ground Slope Soil Profile (Starting from Surface) Type of Wall or Curb Reinforced Concrete Cover 11`61"r% oC f( -'Cu-i- Distance from Finished Ground to Top of Cover (Ft.) L^--oL+.` Fa- G vcuA'"--e w/ e4.0DateCertificateIssued YJ , Ur/" / 111 f 7( , Date Approved NPNe.- 4J 'U - tc-e..,0 19 fv1, l `"r-- PIl/b OO Sanitarian 0 DIRECTION MEMBEin n......LO .Oast emnimmotimmenrammaimonsiole nonnumnmumnie MM MMsmomminto nomMMMMM emuo uuu ttu fu...i v_mruMce u NMI MI MCI I un.....n nTIPI"E.u.-..e e-a.ilm....u.........u .u..n... i..ir : e,,s e ' r IIR II IRu 11..n..u...U..G. ari..H 11 r.: r.. ntim.......u.u..u...r,::.n.imi Nees , , e If................w.o u l4'%IO) Xto'LflintOMMlw;.EMFMSNO ri i t.'ZN EMrtiti. ling. room .V Exhibit C i Harry Kim Michael Yee Mayor Director t.i. Wil Okabe Duane Kanuha Managing Director Deputy Director West Hawaii Office East Hawai'i Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 April 14, 2020 Mark Krzyzanowski 88-1491 Awapuhi Pl. Captain Cook, HI 96704 Dear Mr. Krzyzanowski: SUBJECT: Special Management Area (SMA) Use Permit Assessment Application SAA-20-001747) Applicant(s): Mark Krzyzanowski Land Owner(s): Arthur H. Arejian Trust Project: Improvements and Maintenance to Existing Dwelling Tax Map Key: 3) 7-8-014:076 We have reviewed the subject Special Management Area (SMA) Use Permit Assessment Application (SAA-20-001747), submitted to this office on March 6, 2020. We apologize for the lengthy review and appreciate your patience. The 0.33-acre subject parcel is zoned Single-Family Residential 7,500 square feet(RS-7.5)by the County and designated Urban by the State Land Use Commission (LUC). The subject parcel is designated as "Open" (ope) by the Hawaii County General Plan Land Use Pattern Allocation Guide(LUPAG) map. The parcel is within the Special Management Area (SMA), however, the proposed project is not within the "shoreline area" as defined by Section 205A-41, Hawaii Revised Statutes (HRS). Based on the proposed project the Director has determined the requirement to submit a current certified shoreline survey is waived. Proposed Project: The applicant is proposing to conduct improvements and repairs to an existing dwelling located on the subject parcel. The proposed project includes: Replace roofing materials (wood shake to composite shingle); Planning Dept. Interior painting and the application of exterior stucco; Exhibit 2- Installation of new tile floors throughout dwelling; 7 rwww.hiolanninedeoteim Hawaii County is an Equal Opportunity Provider and Employer S Tiuu'(lDpJtt6ik a all$6 02 ' Mark Krzyzanowski April 14, 2020 Page 2 Replacement of existing windows and doors as needed, landowner will work to retain as much original material as possible; Installation of a bike rack on the mauka side of the dwelling; Safety modifications of existing rock wall to improve parking accessibility; Replacement of existing wood slat railings with cable; and The removal of one(1) coconut tree that poses a risk to adjacent property. Special Management Area Determination: I. Pursuant to Hawai`i Revised Statutes (HRS) §205A-22, as amended, and Planning Commission Rule 9-4(e)(2) relating to the Special Management Area, "Development means any ofthe[listed] uses, activities, or operations on land or in or under water within the special management area." According to the application, the following definitions of"Development" can be applied to the proposed use: Placement or erection of any solid material or any gaseous, liquid, solid or thermal waste; and Construction, reconstruction, demolition, or alteration of the size of any structure. 2. Pursuant to Planning Commission Rule 9-4(e)(3), "any proposed use, activity, or operation listed in Section 9-4(e)(2) shall be deemed to be "Development" until the Director has determined it to be exempted from the definition of "Development". According to 9-4(e)(2) Development" does not include the following uses, activities or operations, and therefore is determined to be exempt from the definition of"Development": Repair, maintenance, or interior alterations to existing structures or relating to existing uses; and Structural and non-structural improvements to existing single-family residences,where otherwise permissible. 3. Pursuant to Planning Commission Rule 9-4(e)(4), "whenever the Director finds that any excluded use, activity, or operation may have a cumulative impact, or a significant adverse environmental or ecological effect on the Special Management Area, that use, activity, or operation shall be defined as "Development"for the purposes of this rule." Mark Krzyzanowski April 14, 2020 Page 3 Based on the information provided, the Director finds that the proposed improvements and maintenance to an existing dwelling will not have a cumulative impact, or significant adverse environmental or ecological effect on the Special Management Area. Please note that any substantive changes to the proposed improvements, as well as any subsequent phases or activities may require further review by this office and possibly the submittal of another SMA Use Permit Assessment Application. Future Special Management Area Determinations: While further review of the proposed activities against the Special Management Area rules and regulations will not be required at this time, all other applicable Zoning and Building Code requirements must be satisfied. Additionally, pursuant to Planning Commission Rule 9-10(g), "the Director may impose certain conditions with the exemption determination to assure that the proposed use, activity, or operation does not have a substantial adverse effect on the Special Management Area". The Director has added the following conditions for the proposed project: Director's Conditions: 1. The applicant, its successors or assigns shall be responsible for complying with all stated conditions. 2. The applicant shall secure all necessary approvals and permits from other affected federal, state, and county agencies as necessary to comply with all applicable laws and regulations. 3. Artificial light from exterior lighting fixtures, including, but not necessarily limited to floodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be prohibited if the light directly illuminates, or is directed to project across property boundaries toward, the shoreline and ocean waters, except as may otherwise be permitted pursuant to Section 205A-71(b), Hawai'i Revised Statutes. 4. No land alteration, grubbing, landscaping or construction activities, including but not limited to, the stockpiling of debris, construction materials or equipment, shall occur in the shoreline setback area without securing a prior written determination of minor structure or activity pursuant to Rule 11-8 from the Planning Director or approval of a Shoreline Setback Variance from the Planning Commission. Mark Krzyzanowski April 14, 2020 Page 4 5. Neither the landowner nor any agent of the landowner or its successors shall, at any time, impede or otherwise restrict lateral public access along the shoreline. 6. Any further development, including but not limited to, the construction of structures or improvements not included in this determination shall require further review and approval as provided under Chapter 205A,HRS,and Rule 9,Planning Commission Rules of Practice and Procedure. 7. That in issuing this determination, the Department has relied on the information and data that the applicant has provided in connection with this determination. If, subsequent to this determination, such information and data prove to be false, incomplete or inaccurate, this determination may be modified, suspended or revoked, in whole or in part, and/or the Department may, in addition, institute appropriate legal proceedings. 8. The Planning Director shall initiate procedures to revoke this determination should any of the conditions not be met or substantially complied with in a timely fashion. If you have questions regarding this document, please contact Alex J. Roy of this office at (808) 961-8140 or via email at alex.rov(iD,,hawaiicounty.gov Sincerely, l u MICHAEL YEE Planning Director AJR:mads P\\wpwin60\alerc roy\sma czm\proj ens\saa-20-00 1747 mk ahatmsf\saa-20-00 1747 mk aha trsldocx End: Receipt No. 675920; S50 for application filing fee cc: Department of Public Works—Building Division Department of Public Works — Engineering Division Kona Planning Office gWaT_Ss DEPARTMENT OF WATER SUPPLY • COUNTYOFHAWAI'I2 °•• 41' h1/ a1•. 345 KEKl1ANA0'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE(808)961-8050 • FAX(808)961-8657 February 4, 2021 CON PLANNING DEF FEB 5 2021 pw2:: TO: Mr. Zendo Kern, Director REC'D HAND DELIVERI Planning Department FROM: Keith K. Okamoto, Manager—Chief Engineer SUBJECT: Use Permit Application (USE 21-000085) Applicant—Arthur H. Arejian Trust Request—To Operate a Four (4)Bedroom Bed and Breakfast at an Existing Residence Tax Map Key 7-8-014:076 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject parcel is currently served by one (1) existing 5/8-inch meter Account No. 850-08500, allotted one (1) equivalent unit of water). For your information, one (1) unit of water is equal to an average daily usage of 400 gallons, which is suitable for only one(I) single- family dwelling. The Department has noted that the existing usage, over the past year, is approximately 950 gallons per day (GPD), which is equivalent to three (3) units of water. The Department requests that the applicant submit estimated maximum daily water usage calculations for review and approval. The water usage calculations shall be prepared by a professional engineer licensed in the State of Hawaii and shall include the estimated peak flow in gallons per minute (GPM) and the total estimated maximum daily water usage in gallons per day (GPD), including all irrigation/landscaping use. Q. Upon receipt of the water usage calculations above, the Department will make a determination as to 4, NIthewatercommitmentdepositamountandprevailingfacilitiescharge(subject to change)to be paid, ieD necessary. Based on the water demand calculations,the Department will determine the appropriate .E t service lateral and meter size required. C aCs The proposed zoning will require the installation of a reduced pressure type backflow prevention 'i LU assembly, within five(5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for the that meter. The installation of the backflow prevention assembly must be inspected and approved by the Department before the commencement/continuation of water service.SCANNED FEB 0 9 2011 Water, Our Most Precious kesource. . . Ka WaiA Kane. . pfi•_ 3 y 7 0 The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Zendo Kern, Director Page 2 February 4. 2021 Should there be any questions,please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, I/]/ nAAA D Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy- Arthur II. Aregian Trust Mitchell D.Roth 7r Ramzi I.Mansour Mayor Jl". ,, .(/. , Director ra:+oLeeE.Lord Brenda D. lokepa-Moses Managing Director Deputy Director County of Hawai'i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT COH PLANNING DEF345Kekuanao'a Street,Suite 41 Hilo, Hawaii 96720 FEB 112021 PM2::Ph:(808)961-8083 •Fax: (808)961-8086 Email: cohdem@hawaiicounty.gov REC'D HAND DELIVERF MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: tv. Ramzi I. Mansour, D ecto • , ( 1' car- Environmental Manag-.re Department DATE: February 10, 2021 SUBJECT:Use Permit Application (USE 21-000085) Applicant: Arthur H. Arejian Trust Request: To Operate a Four (4) Bedroom Bed and Breakfast at Existing Residence Tax Map Key: (3) 7-8-014:076 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): X ) No comments. Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. 6,41wAggregatesandanyotherconstruction/demolition waste should be responsibly reused G to its fullest extent. pL Ample and equal room should be provided for rubbish and recycling. Green waste may be transported to the green waste sites located at the West Hawai'i C Organics Facility and East Hawai'i Organics Facility, or other suitable diversion programs. O X Construction and demolition waste is prohibited at all County Transfer Stations. LI) Submit Solid Waste Management Plan in accordance with attached guidelines. Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. Other: SCAN FJ) County of Hawaii is an Equal Opportunity Provider and Employer.FEB 1 7 2021 J By: 139839 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): No comments. Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawaii County Code. Complete Sewer Extension Application. Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. X ) Other: Contact the State Department of Health, Wastewater Branch, regarding their requirements. RMscs County of Hawaii is an Equal Opportunity Provider and Employer. Mitchell D. Roth ter'''''''',i.. Robert R.R. Perreira Mayor Acting Fire Chief Lee E. Lord Managing Director 5;. _ Countp of jamat't HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 808)932-2900•Fax(808)932-2928 January 29,2021 TO: ZENDO KERN,PLANNING DIRECTOR FROM: ROBERT R. K. PERREIRA, ACTING FIRE CHIEF SUBJECT: Use Permit Application(USE 21-000085) Request: To operate a Four(4)Bedroom Bed and Breakfast at Existing Residence Applicant: Arthur H. Arejian Trust Tax Map Key: 7-8-014:076 In regard to the above-mentioned request,the following shall be in accordance: NEPA 1,UNIFORM FIRE CODE,2006 EDITION Note: Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County ofHawaii amendments. County amendments are identified with a preceding "C—"of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fife apparatus is unduly difficult, or areas where there is an inadequate fire flow,or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. Planning Dept.SCANNED Exhibit -.FEB 0 1 2021 f 4.1395_98 ll7lf Harvaii County is an ainni Opportunity Provider and Employer. Ms f1/411.4_1., U LOCI FEB 0 3 2021 Zendo Kern, Planning Director January 29,2021 Page 2 of 8 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. C— 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations,hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es).The AHD shall have the authority to require an access box(es) to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments.The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance.The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2)or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. 0 . Zendo Kern, Planning Director January 29, 2021 Page 3 of 8 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft 46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads.More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet,with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C— 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such increase or reduction does not impair access by the fife apparatus, and approved signs are installed and maintained indicating such approved changes. C-18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. Zendo Kern, Planning Director January 29, 2021 Page 4 of 8 C— 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C— 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C— 18.2.3.4.6.lThe maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s)shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft(0.61 m)beyond each edge of the fire lane. 18.2.3.4.7 Traffic Calming Devices.The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. Zendo Kern, Planning Director January 29, 2021 Page 5 of S 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fife department access roads or to prohibit the obstruction thereof ofboth. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fife department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1*A water supply approved by the county, capable of supplying the required fue flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the Zendo Kern, Planning Director January 29,2021 Page 6 of 8 facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fife flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3*The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons ofwater available for Firefighting. Zendo Kern, Planning Director January 29,2021 Page 7 of 8 Buildings, 3001-6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections(FDC)to alternative water supplies shall comply with 18.3.8 (1)- 6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection FDC) shall be as follows: a) 4" for C900 PVC pipe; b) 4"for C906 PE pipe; c) 3"for ductile Iron; d) 3' for galvanized steel. 3) The Fire Department Connection(FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; 1) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing500gpmbyengineereddesignstandards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. Zendo Kern, Planning Director January 29,2021 Page 8 of 8 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there arc any questions regarding these requirements,please contact Assistant Fire Chief Ian Smith at, at(808)8) 932-2907. ROBERT R. K. PERREIRA Acting Fire Chief CDH PLANNING DEP FEB 25 2021 FM4:3 DEPARTMENT OF PUBLIC WORKS RECD HAND DELIVERSCOUNTYOFHAWAII HILO, HAWAII DATE: February 25, 2021 Neilandatiaa TO: Zendo kern, Planning Director FROM: Department of Public Works, Engineering DivisionCCC///Y _ SUBJECT: USE PERMIT APPLICATION (USE 21-000085) Applicant: Arthur H. Arejian Trust Request: To Operate a Four(4) Bedroom Bed and Breakfast at Existing Residence TMK: 7-8-014:076 We have reviewed the subject request forwarded by your memo dated January 25, 2021andprovidethefollowingcomments: The subject parcel is in an area designated as Flood Zone X and VE on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone VE is the Special Flood Hazard Area inundated by the 100-year coastal flood 1% chance of occurring in any given year) with velocity hazard (wave action). All construction within Flood Zone VE shall comply with the requirements of Hawaii CountyCode, Chapter 27, Floodplain Management. All activities shall comply with the requirements of the Hawaii County Code (HCC),Chapter 10, Erosion and Sedimentary Control. As stated in their application, Alii Drive is under the jurisdiction of the County, more specifically, Chapter 22 of the HCC, County Streets. Per Section 22-2.1. Encroachments and Section 22-2.4. Impeding and obstructing the public; endangering persons and property, all the bushes, trees, backflow preventer, irrigation system and the rock planter is required to be removed. Grass is allowed in that area. Any other improvements will require the approval of a Permit to Work Within the County Right-of-Way. Questions may be referred to Robyn Matsumoto at 961-8924. laming Dept. SCANNED tihibit 6 FEB 2 6 2021J4010G" Harry Kim I'•'\ Paul K. Ferreira Mayor aa".e,J• ,Police Chief i ai V[S i e:4... Kenneth Pagano,Jr. Depuy Police Chief County of Hawai'i POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawaii 96720-3998 February 2, 2021 808)935-3311 • Fax(808)961-2389 CON PLANNING DEI FEB 12021*ill:, REC'D HAND DELIUERI TO Z a0 KERN, P WING DIRECTOR f FROM . CH ` ::SSU .tsu- -,T CHIEF, AREA II OPERATIONS SUBJECT : USE PERMIT • • s t (USE 21-000085) APPLICANT: ARTHUR H. AREJIAN TRUST REQUEST: TO OPERATE A FOUR (4) BEDROOM BED AND BREAKFAST AT EXISTING RESIDENCE TAX MAP KEY: 7-8-014:076 The above-referenced Use Permit Application (USE 21-000085) has been reviewed and we offer no comments at this time. Should you have any questions or concerns, please contact Captain Gilbert Gaspar Jr., Commander of the Kona District, at 326-4646, extension 299. GG/jaj 21HQ0103 Planning' Dei, Exhibits? SCANNED FES 0 5 2021 Hawai'i County is an Equal Opportunity Provider and Employer" wry.119656 OAVIp Y.IGE F F' CHAIRPERSON m DAtV. GE i pa BOARD OF LAND AND NATURAL RESOURCES ONWATER a and„O Nry COMMISSION NAGEMENTRESOVRCE 8 /=I tR STATE OF HAWAII ere DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 February 24, 2021 County of Hawaii Planning Department via email: plannino(@hawaiicounty.gov Attn: Mr. Alex Roy 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Roy: SUBJECT: Use Permit Application (USE 21-000085) — Request to Operate a Four(4) Bedroom Bed and Breakfast at Existing Residence located at 78-6626 Alii Drive, Kailua-Kona, Island of Hawaii; TMK: (3) 7-8-014:076 on behalf of Arthur H. Arejian Trust Thank you for the opportunity to review and comment on the subject matter. The Land Division of the Department of Land and Natural Resources (DLNR) distributed or made available a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division, (b) Division of Forestry & Wldlife, and (c) Land Division - Hawaii District on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamura(&hawaii.qov. Thank you. Sincerely, Russell Tsuji Russell Y. Tsuji Land Administrator Enclosures cc: Central Files Planning Dept. Exhibit 5 GoERNOROFIIAWAu F": 0 ODMA MAHAANAINRND GEMENTREL oa«UR CES h STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 January 28, 2021 FROM: MEMORANDUM T8 DLNR Agencies: X Div. of Aquatic Resources(kendall.l.tucker(Whawaii.gov) Div. of Boating&Ocean Recreation X Engineering Division (DLNR.ENGR(a@hawaii.gov) X Div. of Forestry&Wildlife (rubyrosa.t.terragofthawaii.gov) Div. of State Parks X Commission on Water Resource Management(DLNR.CWRM(othawaii.gov) XOffice of Conservation & Coastal Lands (sharleen.k.kubahawaii.qov) TO: X Land Division— Hawaii District(gordon.c.heit(ovlhawaii.gov) FROM;Russell Y. Tsuji, Land Administrator Russe//Tsuji SUBJECT: Use Permit Application (USE 21-000085)— Request to Operate a Four(4) Bedroom Bed and Breakfast at Existing Residence LOCATION: 78-6626 Alii Drive, Kailua-Kona, Island of Hawaii; TMK: (3)7-8-014:076 APPLICANT:County of Hawaii on behalf of Arthur H.Arejian Trust Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by February 23, 2021. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura(a)hawaii.gov. Thank you. We have no objections. V) We have no comments. Comments re attached. Signed: C Lo/// Print Name: Carty S. Chang, Chief Engineer Date: Feb 16,2021 Attachments cc: Central Files RNRVION O ° aIwOE FL i COMMISSIONRESOURCECES MANAGEMENT a„a and% i STATE OF HAWAII lohorm+®` DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX62 I HONOLULU,HAWAII 96809 January 28, 2021 MEMORANDUM TO: DLNR Agencies: X Div. of Aquatic Resources (kendall.l.tucker@hawaii.gov) Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(v7hawaii.00v) X Div. of Forestry &Wildlife (rubyrosa.t.terrado(ahawaii.gov) Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM(@hawaii,gov) X Office of Conservation &Coastal Lands (sharleen.k.kuba@hawaii,gov) X Land Division—Hawaii District (gordon.c.heitahawaii.gov) FROM:Russell Y. Tsuji, Land Administrator Russell Tsuji SUBJECT: Use Permit Application (USE 21-000085)— Request to Operate a Four (4) Bedroom Bed and Breakfast at Existing ResidenceLOCATION: 78-6626 Alii Drive, Kailua-Kona, Island of Hawaii; TMK: (3)7-8-014:076 APPLICANT:County of Hawaii on behalf of Arthur H. Arejian Trust Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by February 23, 2021. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura@hawaii.gov. Thank you. We have no objections. A/I ) We have no comments. Comments are attached. Signed: Oat Print Name: DAVID G. SMITH, Administrator Date:Feb 5, 2021 Attachments cc: Central Files 2/7 S/y, o•m SUZANNE RCASEDwrobIGCMSONcow .An A .G.Air ryBOARDOPLANDAND L RESOURCES 1 COMMISSIONMNAGEniien'T RCN STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 January 28, 2021 MEMORANDUM TO: DLNR Agencies: X Div. of Aquatic Resources (kendall.l.tucker(Whawaii.gov) Div. of Boating &Ocean Recreation X Engineering Division (DLNR.ENGRfthawaii.gov) X Div. of Forestry&Wildlife (rubyrosa.t.terrago(&hawaii.gov) Div.of State Parks X Commission on Water Resource Management(DLNR.CWRMehawaii.gov) X Office of Conservation & Coastal Lands (sharleen.k.kuba g(vlhawaii.gov) X Land Division— Hawaii District (gordon.c.heitfaU)hawaii.gov) FROM:Russell Y. Tsuji, Land Administrator Russell Tsuji SUBJECT: Use Permit Application (USE 21-000085)— Request to Operate a Four(4) Bedroom Bed and Breakfast at Existing Residence LOCATION: 78-6626 Alii Drive, Kailua-Kona, Island of Hawaii; TMK: (3)7-8-014:076 APPLICANT:County of Hawaii on behalf of Arthur H. Arejian Trust Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by February 23, 2021. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request,please contact Darlene Nakamura at darlene.k.nakamurahawaii.qov. Thank you. e have no objections. We have no comments. Comments are attached. Signed: Print Name: AO2' ,r / Date: Z / y/ Attachments cc: Central Files LAND `:y 194 Wiwoole St. Hilo, HI 96720 PLANNING 0 808) 333-3393 HAWAII LLC info@landplanninghawaii.com March 5, 2021 Mr. Keith K. Okamoto Department of Water Supply COUNTY OF HAWAII 345 Kekuanaoa Street, Suite 20 Hilo, HI 96720 Dear Mr. Okamoto: Subject:Water Demand Calculations for USE 21-000085 Applicant—Arthur H. Arejian Trust Kahaluu Beach Lots, North Kona, Hawaii TMK: (3) 7-8-014: 076 Dear Mr. Okamoto: In response to your letter of February 4'h, please see attached water demand calculations, prepared by Island Engineering LLC. The landowner also suspects that there may have been an undiagnosed leak on the property for some time and is having a plumber diagnose and repair the problem. Given the anticipated demand of 1,000 gallons per day, please advise if additional water is available to support the proposed use and requirements for the upgrade of service. Please feel free to direct your comments directly to me. Sincerely, JOHN PIPAN Planning Administrator Land Planning Hawaii LLC Planning Dept. Exhibit 9 March 4, 2021 i10 4* Island Engineering, LLC County of Hawai'i Department of Water Supply 345 Kekuanao'a Street Hilo, HI 96720 Attention: Manager-Chief Engineering Subject: Arthur Arejian - Five Bedroom Bed and Breakfast;TMK (3) 7-8-014: 076 Estimated Water Usage Calculations and Peak Hour Flow The subject property is located at 78-6626 Ali'i Drive in Kailua Kona. The bed and breakfast is two- story with five bedrooms, four bathrooms, two clothes washers, and one kitchen. Water demand calculations are based on average daily water usage for the proposed project. ESTIMATED POTABLE WATER USAGE CALCULATIONS The estimated gallons per day water usage, per bedroom, is based on DOH Chapter 11-62 Table 1. Average Daily Demand: 5 bedrooms x 200 gpd/bedroom =1,000 gpd 2.5 water units Peak Hour Flow:41.5 Water Supply Fixture Unit Count 26 gpm Island Engineering, LLC Y S.kV( qo7(cpo PROFESSIONAL f ROSS, P.E. ENGINEER OwnerNo. 17089-C 1 USP Island Engineering, LLC I PO Box 283, Pahoa HI 967781 jross@islandengineeringllc.com 7-8-01¢°017 PETITION FOR STANDING IN A CONTESTED CASE HEARING Page I of 2) Ciil P ANN1146=DEFT M Fre 2c2021M ./.NAME: 14/„T-1- 3 cif Zac F REVD PR HAIL ADDRESS: 1' — C G yu 1., a r; :_ k.oNw ? 9 ( 7yu PHONE NO.: COOS) l (o L_z 6'7APPLICANT/ tDOCKETNO.: U ff% if — 00006 A. Is your interest in this matter clearly distinguishable from that ofthe general public? Yes K No If the answer is "yes", please explain: a„" - ta,.. vtrCl.c If the answer is "no", please explain how the proposed action will nevertheless cause you actual or threatened injury: B. Are you a government agency whose jurisdiction includes the land involved in the subject request? Yes No k If the answer is "yes", please explain the nature ofthe agency's jurisdiction: C. Do you lawfully reside on or have some property interest in the land involved in the subject request? Yes No If the answer is "yes", please explain: APPPclnning Dept. SCANNED Exhibit 10 FEB 2 5 2021 a„ 140077 coLdNUI l t PETITION FOR STANDING IN A CONTESTED CASE HEARING Page 2 of 2) D. Are you a person or persons descended from native Hawaiians who inhabited the Hawaiian Islands prior to 1778, who practiced those rights which were customarily andtraditionallyexercisedforubsistence, cultural, or religious purposes? Yes No If the answer is "yes", please submit any genealogical evidence and historical evidence showing the exercise ofthose rights to support your statement: cc. i Petitioner's Sig ire STATE OF HAWAII SS. COUNTY OF HAWAII ) On this day of 20 , before me personally appeared to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Notary Public, State of Hawaii My commission expires: Appendix A