HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SPP-2022-016)RSilberSPP.10.5.2022
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
ROBERT J. SILBER
SPECIAL PERNHT APPLICATION NO. PL-SPP-2022-000016
Upon review of the request against the guidelines for granting a Special Permit, the
Deputy Planning Director recommends that the request for a Special Permit to legitimize the
operation of a holistic education center on an approximately 8.134-acre property be
approved by the Planning Commission. Since this recommendation is made without the
benefit of public testimony, the Deputy Planning Director reserves the right to modify and/or
alter this recommendation based upon additional information presented at the public hearing.
This approval recommendation is based on the following findings:
The applicant is seeking a Special Permit to legitimize the operation of a holistic
education center on an approximately 8.134-acre property within the State Land Use
Agricultural District. The applicant's proposal includes construction of the following new
buildings:
• Four new 400 square -foot cabins, each with a 160 square -foot lanai
• Two 1,700 square foot, 2-story multi -purpose buildings
• A 1,800 square -foot agricultural greenhouse
• An in -ground pool and a sauna
• Two 10,000-gallon water tanks for potable water
• Additional fire -suppression water tanks totaling 60,000-gallons
• Two septic systems
In addition, the applicant is proposing to obtain building permits to convert
several existing structures permitted for residential use to the proposed holistic education
center use, including the following:
A 600 square -foot efficiency dwelling with an attached 600 square -foot
covered lanai
A 768 square -foot garage with a roof -mount photovoltaic system
A 600 square -foot carport
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• A 1,800 square -foot agricultural greenhouse
• A 19,000-gallon water catchment tank and pump house
Finally, the applicant is proposing to obtain "as -built' building permits for several
existing, unpermitted structures, including the following:
• Two 1,700 square -foot, 2-story lodging houses
• Two 400 square -foot cabins, each with a 160 square -foot lanai
• A bath house
• An above -ground pool and a hot tub
• Three agricultural storage buildings
The applicant is proposing to offer up to two retreats per month for up to 24
participants per retreat. Should there be additional rooms available, the applicant is
proposing to offer cabins and lodge buildings to the public for short-term rentals, for up
to 20 guests. Given that the applicant is proposing a total of 22 double -occupancy rooms,
there will be a maximum of 44 guests, including retreat and non -retreat guests, at one
time on the subject property. The applicant proposes to transport retreat participants in a
15-passenger van as well as provide on -site gravel parking for 30 vehicles. The holistic
education center will be run by approximately 6 volunteers with hours of operation
limited to between 7:00 AM and 9:00 PM daily.
According to the applicant, the purpose of the request is to operate a holistic
education center (hereinafter referred to as Center) that offers classes in yoga, meditation,
environmental sustainability, permaculture and personal improvement as well as hosts
retreats and yoga teacher trainings on the property. Classes and retreats are intended to be
held alongside and in conjunction with existing agricultural uses on the property,
including fruit tree orchards and vegetable gardens. Additionally, obtaining a Special
Permit will allow the applicant to legitimize the Center, which has been operating for
several years without proper permits, and to resolve the Notice of Violation and Order
issued by the Planning Department in 2019.
The criteria for approving a Special Permit are based on Rule 6-7 in the Planning
Commission Rules. It states that the Planning Commission shall not approve a Special
Permit unless it is found that the proposed use (a) is an unusual and reasonable use of
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land situated within the Agricultural or Rural District, whichever the case may be, and (b)
the proposed use would promote the effectiveness and objectives of Chapter 205, Hawai `i
Revised Statutes, as amended.
The proposed use is an unusual and reasonable use of land situated within
the State Land Use Agricultural District and would promote the effectiveness and
objectives of the State Land Use Law and Regulations and Chapter 205, HRS, as
amended. In recognizing that lands within agricultural districts might not be best suited
for agricultural activities and yet classified as such, and in recognition that certain types
of uses might not be strictly agricultural in nature, yet reasonable in such districts, the
legislature has provided for the Special Permit process to allow certain unusual and
reasonable uses within the Agricultural district.
The subject property is approximately 8.134 acres in size and is situated within
the County's Agricultural 1-acre (A -la) zoning district. According to the applicant, there
are currently two acres of fruit tree orchards and 7,000 square feet of vegetable gardens
on the property and the applicant will continue to cultivate small-scale, sustainable
agriculture.
The request is unusual in that the proposed uses are not strictly agricultural in
nature. However, the proposed Center's activities will primarily occur in an area that has
been previously cleared and improved. Additionally, the applicant proposes to encourage
retreat guests to participate in agricultural cultivation of the property, including preparing
and serving produce grown on -site for retreat meals. The remaining, undeveloped portion
of the subject parcel can be used for small-scale agriculture; thus, the proposed use will
not diminish the potential for agricultural activity on the property. Based on the
preceding, the subject request is considered an unusual and reasonable use of agricultural
land.
In addition to the above listed criteria, the Planning Commission shall also
consider the criteria listed under Section 6-3(b)(5) (A) through (G). In considering the
criteria, the Deputy Planning Director recommends the following:
(A) Such use shall not be contrary to the objectives sought to be accomplished by
the Land Use Law and Regulations. The State Land Use Law and Regulations are
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intended to preserve, protect, and encourage the development of lands for those uses to
which they are best suited in the interest of the public welfare of the people and the State
of Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands
of high agricultural potential in agricultural use. The soils on the property are classified
by the Land Study Bureau's rating system as class "E" or "Very Poor" soils for
agricultural productivity and designated "Other" on the ALISH map. As the proposed use
will not reduce the existing acreage currently used for fruit tree orchards and vegetable
gardens, it will not displace any existing agricultural activity or diminish the agricultural
potential of the property.
As evaluated above, the applicants' request is considered an unusual and
reasonable use of agricultural land that will not adversely affect the preservation of lands
with high agricultural potential in the County of Hawaii. Thus, the establishment of the
proposed use will not be contrary to the objectives sought to be accomplished by the
State Land Use Law and Regulations.
(B) The desired use would not adversely affect surrounding properties.
Surrounding parcels to the east, south and west of the subject property are zoned A -la
and range in size from approximately 3 to 17 acres. To the north of the subject property is
an 803-acre parcel zoned A-10a. Most surrounding lots are used for agriculture or are
vacant and undeveloped, with few dwellings. The nearest permitted dwelling is located
approximately 260 feet southeast of the subject property, on TMK 1-3-002:118.
According to the applicant, traffic on Lolia Place is minimal and made up
primarily by residents or visitors to the Lolia Place subdivision, while traffic along
Kalapana-Kapoho Beach Road is light to moderate. The applicant anticipates a maximum
of 20-25 vehicular trips to the property on any given day, primarily occurring during off-
peak hours. To mitigate traffic impacts, the applicant will provide retreat guests
transportation with a 15-passenger vans. According to the applicant, retreat guests will
primarily remain on -site for the duration of retreats. The applicant also proposes to
provide on -site parking for 30 vehicles for non -retreat guests.
The applicant has stated that retreat operations will be limited to between 7:00
AM and 9:00 PM. While some amplified sound will be used in conjunction with yoga
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classes, the applicant has stated that quiet hours will be enforced between 9:00 p.m. and
8:00 a.m. Conditions limiting the number of guests and setting the hours of operation and
quiet time will be added to mitigate adverse impact on surrounding properties.
Given the preceding, it is not anticipated that the use will adversely impact
surrounding properties. Finally, as of the date of this writing, the Planning Department
has not received any opposition from neighbors or the general public on this application.
(C) Such use shall not unreasonably burden public agencies to provide
roads and streets, sewers, water, drainage, school improvements, and police and fire
protection. The subject property is accessed via an existing gravel driveway from Lolia
Place, a 16-footwide paved roadway approximately 900 feet in length to the subject
property. Lolia Place is privately owned and maintained by the Lolia Place Trust of
which the applicant is a named trustee. In that capacity, the applicant provided
permission for the proposed use to take access over the private roadway. As access to the
property is via a private roadway, the County will not be required to provide roadway
improvements.
According to the Department of Water Supply (DWS), the subject parcel is not
within the service limits of their existing water system. DWS has no objection to the
applicant's request, however they cannot approve or comment on the adequacy of the use
of private rainwater catchment systems to provide water service as they do not meet
DWS Water System Standards.
To provide potable, non -potable and fire suppression water for the project, the
applicant proposes the following: 1) Potable water will be trucked to the property and
stored in two new, 10,000 gallon closed water tanks; 2) the applicant proposes to provide
a total of 60,000 gallons of water for fire suppression purposes (including the uses of an
existing 19,000-gallon rainwater catchment tank, and the installation of additional
catchment tanks for the remainder); and 3) an on -site well will act as a back-up source of
non -potable water.
The subject property is not currently serviced by the County sewer system and as
such, the project will be required to comply with the requirements of the State
Department of Health (DOH) for wastewater disposal.
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According to the applicant, the existing kitchen and dining building (permitted as
a dwelling) is served by a septic system that does not have proper permits from DOH,
though the applicant intends to complete the necessary permitting to resolve this
violation. Additionally, the existing, unpermitted cabins and lodges are served by
unpermitted composting toilets and a graywater disposal system, both of which will be
decommissioned and replaced by a septic system meeting with the approval of the DOH.
According to DOH, since the subject property has unpermitted buildings and
unapproved individual wastewater systems in violation of Chapter 11-62, HRS, the
Wastewater Branch highly recommends non -issuance of the special permit until all
building and wastewater system violations are resolved.
Following an inquiry from the Planning Department, the applicant has
acknowledged that retreat center operations have resumed due to financial circumstances
and proposed to complete as -built permitting within a one-year time frame. Accordingly,
the Deputy Director is recommending conditions of approval that will require the
applicant to secure and finalize as -built and change of use building permits for existing
structures (including the installation of IWSs meeting with the approval of DOH), to
accommodate the proposed use, within six months of the effective date of this permit,
with an opportunity for an administrative time extension. Additional conditions of
approval will require that all as -built and change of use building permits are finalized
prior to issuance of any new building permits for the subject property.
According to the Department of Environmental Management (DEM) — Solid
Waste Division, the commercial use proposed by the applicant may not use transfer
stations for disposal, green waste should be transported to the green waste sites located at
the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable
diversion programs, and construction and demolition waste is prohibited at all County
Transfer Stations. The applicant has stated that either a commercial hauler will be
contracted to dispose of solid waste, or the applicant will seek a solid waste facility
disposal permit themselves to take materials directly to the landfill. Additionally, the
applicant will dispose of green waste either by mulching or composting, or at the East
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Hawaii Organics Facility or other suitable location. A condition of approval will be
added to require the applicant to follow DEM requirements for disposal of solid waste.
The property is situated within an area designated as Flood Zone "X," or an area
determined by FEMA to be outside the 500-year flood plain. Off -grid, solar powered
electricity is provided at the subject property. The photovoltaic system consists of 72
panels, 20-kilowatt-hour battery bank and an 18-kilowatt propane back-up generator.
Police, Fire, and medical services are available nearby in Pahoa.
Based on the preceding, the requested use will not burden public agencies to
provide additional services.
(D) Unusual conditions, trends, and needs have arisen since district
boundaries and regulations were established. In the 1960's and 1970's, the State's
agricultural district boundaries and regulations were established and subsequently
amended pursuant to HRS Chapter 205. The State Land Use Commission was created in
1961, and interim regulations and temporary district boundaries became effective in
1962. Subsequently, the regulations and Land Use District Boundaries became effective
in August of 1964. The property and surrounding areas are designated for agricultural
uses by both State and County land use laws. Through the issuance of a Special Permit, a
community may establish various non-agricultural uses/services that may not be available
or allowed by zoning for its residents.
Since the district boundaries were established, demand has increased for
alternative health and wellness tourism for guests who seek a more peaceful, remote
environment as an alternative to resort venues. The proposed uses would meet this
demand by providing visitors an opportunity to participate in wellness retreats and
training classes in a remote, peaceful environment.
(E) The land upon which the proposed use is sought is unsuited for the
uses permitted within the district. The property is situated on soil that is classified as
" Y' or "Other" by the Department of Agriculture's ALISH Map and is classified as "E"
or "Very Poor" by the Land Study Bureau's Soil Rating. The properties' soil type is
classified as Malama extremely cobbly highly decomposed plant material, dry, 2 to 40
percent slopes. These soils are most suitable for pasture use, and are unsuited for large-
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scale, commercial agricultural uses permitted within the State Land Use Agricultural
District. Despite the preceding, the applicant has established a permaculture farm and
cultivates small-scale agriculture, including two acres of fruit trees and 7,000 square feet
of vegetable gardens. However, based on the property's poor soil quality, the land upon
which the proposed use is sought is unsuited for agricultural uses beyond the small-scale
currently established by the applicant.
(F) The use will not substantially alter or change the essential character
of the land and the present use. While a moderate increase in traffic of a maximum of
20-25 daily vehicular trips to the property will occur, the applicant has proposed several
ways to mitigate the impact of traffic flow. Namely, traffic will occur during off-peak
hours and the applicant will provide guests transportation with a 15-passenger van as well
as provide on -site parking for 30 vehicles. Additionally, according to the applicant,
retreat guests will primarily remain on -site for the duration of the retreat. Thus, while
traffic flow will moderately increase, it is not expected to change the character of the
land.
Current agricultural uses on the land will not be diminished by the proposed use
given that the applicant has proposed to maintain existing orchards and crops and
integrate agricultural activities into the operations of the center, such as by preparing and
serving food grown on the property to retreat participants. In addition, the property has
been used as a retreat center for several years, albeit without proper permits. With the
submittal of the subject application, the applicant intends to legitimize the existing use.
Thus, the proposed use will not substantially alter or change the essential
character of the land or its present use.
(G) The request will not be contrary to the General Plan, Puna
Community Development Plan (PCDP) and other documents such as Design Plans.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is
a representation of the document's goals and policies to guide the coordinated growth and
development of the County. It reflects a graphic depiction of the physical relationship
among the various land uses. The LUPAG Map establishes the basic urban and non -urban
form for areas within the County.
The property is identified by the LUPAG map as Important Agricultural Lands,
which are lands with better potential for sustained high agricultural yields because of soil
type, climate, topography, or other factors. As previously mentioned, the proposed use
will not displace active or potential agricultural activity on the property, rather the
applicant proposes to incorporate agricultural elements into the proposed use. As such,
the request is consistent with the LUPAG Map designation for this area.
Additionally, the approval of the subject request would support the following
goals and policies of the Land Use and Economic elements of the General Plan:
Land Use Element
Designate and allocate land areas in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
Economic Element
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvements shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
• Provide an economic environment which allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
• Strive for an economic climate which provides its residents an opportunity for
choice of occupation.
• Encourage the development of a visitor industry that is consistent with the social,
physical and economic goals of the residents of the County.
The Puna Community Development Plan (PCDP) has a goal to retain Puna's rural
character while protecting its native natural and cultural resources (Goal 3.1. La). The
proposed project will contain development to the subject property that has been
previously cleared. Another goal of the PCDP is to improve the quality of life and
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economic opportunity for Puna's residents (Goal 3.1. Lb). The proposed request will
allow the applicant an opportunity to improve their quality of life, provide an
environment that allows this new economic opportunity and increase the development of
the wellness visitor industry for Hawaii. Thus, the request is consistent with the goals
and objectives of the Puna CDP.
According to Section 25-1-5(b) of the Zoning Code, a "lodge" means a building
or group of buildings, under single management, containing transient lodging
accommodations without individual kitchen facilities, and no more than 40 guest rooms
or suites, and generally located in agricultural, rural or other less populated areas. The
proposed use meets this definition of lodge as 22 transient lodging rooms without
individual kitchen facilities will be provided for guests on the property, the Center will
operate under single management, and the property is located in an agriculturally zoned
area. Accordingly, the proposed Center will not be contrary to Zoning Code.
Based on the preceding, the proposed use is consistent with the General Plan, the
PCDP and Zoning Code.
The proposed use is not contrary to the objectives sought to be accomplished
by Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management
program. The Special Management Area (SMA) is part of the Coastal Zone
Management Program regulated by the County. The property is located outside of the
SMA, approximately 0.4 miles away from the nearest shoreline and will not be impacted
by coastal hazards or affect beach erosion, coastal ecosystems and marine resources.
Additionally, there is no record of a designated public access to the shoreline or mountain
areas that traverses the property. Based on the preceding, the proposed use is not
contrary to the objectives of Chapter 205A, Hawaii Revised Statutes relating to Coastal
Zone Management.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH"
and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering
and fishing rights must be addressed in terms of the cultural, historical, and natural
resources and the associated traditional and customary practices of the site:
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■ Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kama`aina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
■ The valued cultural, historical, and natural resources found in the permit area:
Neither the applicant nor the Planning Department are aware of any cultural or
historic resources on the property, nor is the property listed as a historic site on
the State or National Register of Historic Places. Additionally, there are no known
customary or Native Hawaiian cultural rights exercised on the property.
Furthermore, past ground disturbance activities within the property, including
clearing and development for construction and agricultural uses, would indicate
that the potential for subsurface archaeological resources is unlikely.
A request for review of the application was sent to the State Historic
Preservation Division (SHPD) as a part of this application process. According to
the SHPD, no historic properties are affected by the proposed project.
The subject property has been partially cleared and developed with a
dwelling, garage, carport, greenhouse, parking area, and driveway, in addition to
several other unpermitted structures. Flora on the remainder of the property
includes introduced plant species such as fruit trees and vegetable crops, in
addition to various non-native tree and shrub species. There are no known
endangered or listed plant species on the property.
Faunal resources include introduced bird species and various domestic or
feral animal species, however, no endangered or listed animal species have been
identified on the property. The Department of Land and Natural Resources,
Division of Forestry and Wildlife (DOFAW), provided comments to address the
impact of the proposed project on endangered or threatened flora and fauna that
may occur in the project area, specifically the Hawaiian Hawk (Io), Hawaiian
Hoary Bat (`Ope`ape`a) and Hawaiian Goose (Nene). Additionally, DOFAW
provided comments regarding the spread of Rapid `Ohi`a Death and the spread of
invasive plant species. A condition of approval will be included to address the
recommendations provided by DOFAW.
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■ Possible adverse effect or impairment of valued resources: Given the lack of
valued resources identified on the property, it is unlikely that such resources will
be impaired.
■ Feasible actions to protect native Hawaiian rights: To the extent to which
traditional and customary native Hawaiian rights are exercised, the proposed
action will not affect traditional Hawaiian rights; therefore, no action is necessary
to protect these rights. A condition of the permit will require the applicant to stop
work and notify the DLNR-SHPD should any unidentified sites or remains be
encountered and proceed only upon receiving an archaeological clearance from
the DLNR-SHPD.
Lastly, this recommendation is made with the understanding that the applicants
remain responsible for complying with all other applicable governmental requirements in
connection with the proposed use. Additional governmental requirements may include
the issuance of building permits, compliance with the Fire Code, installation of
improvements required by the American with Disabilities Act (ADA), among others.
Compliance with all applicable governmental requirements is a condition of this
approval; failure to comply with such requirements will be considered a violation that
may result in enforcement action by the Planning Department and/or the affected
agencies.
Based on the above considerations, the proposed holistic education center and
related improvements is an unusual and reasonable use of land in the Agricultural district
and would promote the effectiveness and objectives of Chapter 205, Hawaii Revised
Statutes. Approval of this request is subject to the following conditions:
1. The applicant, their successor(s) or assign(s) ("Applicant") shall be responsible
for complying with all stated conditions of approval.
2. The operation of the holistic education center and related improvements shall be
conducted in a manner that is substantially representative of plans and details
contained within the Special Permit Application and Supplemental Information
received by the Planning Department on July 25, 2022, and August 24, 2022,
respectively, and any representations made to the Windward Planning
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Commission. Any substantial expansion of the facility or uses beyond what is
represented in these documents shall require an amendment to this permit.
3. Applicant shall secure and finalize all required as -built building permits for
existing structures used for the proposed holistic education center from the
Department of Public Works - Building Division within six months of the
effective date of this permit, including change of use building permits for existing
structures to be used for the proposed use. If any as -built or change of use
building permits are not finalized within the prescribed amount of time, the
holistic education center shall cease use of any unpermitted structures.
4. A status report shall be submitted to the Planning Department upon successful
finalization of all as -built and change of use building permits for existing
structures. No building permits shall be issued for new structures until the
Planning Department verifies compliance with this requirement.
5. Construction of any new buildings and related structures shall be completed
within five years from the effective date of this permit. Prior to any construction
(including new, as -built and converted structures), the Applicant shall secure
Final Plan Approval from the Planning Department in accordance with the
requirements of the Zoning Code. Plans shall identify all existing and proposed
structures, landscaping, signage, fire protection measures, driveway access and
parking stalls, outdoor lighting (if any), and other improvements associated with
the proposed development.
6. Applicant shall install individual wastewater system(s) within six months of the
effective date of this permit, meeting with the standards and requirements of the
State Department of Health.
7. The Applicant shall provide potable water from a system approved by the State
Department of Health to guests of the retreat facility.
8. The Applicant shall install, construct, and maintain improvements for Fire
Department Access Road (FDAR) access to the subject property and fire
suppression improvements on the subject property within six months of the
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effective date of this permit, including but not limited to on -site water storage, as
required by the Fire Department. Upon successful completion of the
improvements, the Applicant shall provide the Planning Department
documentation from the Fire Department that the improvements meet Fire Code
standards.
9. The applicant shall secure a grant of easement for vehicular access in favor of the
subject property from the owner of the road lot identified by TMK (3) 1-3-
002:141. A copy of the grant of easement to be recorded with the State Bureau of
Conveyances shall be submitted to the Planning Department for review and
approval within one year of the effective date of this permit. A copy of the
recorded document shall be filed with the Planning Department upon its receipt
from the Bureau of Conveyances.
10. As represented by the Applicant, retreat events shall be limited to up to two
retreats per month for up to 24 participants per retreat. Should there be additional
rooms available, cabins and lodge buildings may be rented to the public for short-
term accommodations, for a maximum of 20 non -retreat guests. There shall be no
more than 44 total guests, including retreat and non -retreat guests, at one time on
the subject property.
11. As represented by the Applicant, all retreat events shall occur between 7:00 a.m.
and 9:00 p.m. Quiet time is mandated between 9:00 p.m. and 8:00 a.m.
12. Weddings, festivals, and concerts shall be prohibited on the property.
13. Agricultural greenhouses on the property shall not be used for retreat activities
unless such non-agricultural occupancy is approved by the Department of Public
Works through a change of use building permit.
14. The applicant shall secure a food establishment permit and construct a certified
kitchen meeting the requirements of the State Department of Health. A copy of
the permit shall be provided to the Planning Department within six months of the
effective date of this permit.
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15. The applicant shall establish agricultural uses on the subject property within six
months of the effective date of this permit.
16. The applicant shall comply with the conditions of Variance No. 13-000161 (VAR
13-000161).
17. As required by the Department of Environmental Management, the Applicant
shall not use County Transfer Stations for disposal, green waste shall be
transported to the green waste sites located at the West Hawaii Organics Facility
and East Hawaii Organics Facility, or other suitable diversion programs, and
construction and demolition waste shall not be disposed of at County Transfer
Stations.
18. All development -generated runoff shall be disposed of on site and not directed
toward any adjacent properties.
19. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sediment Control of the Hawaii County Code.
20. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work, the Applicant shall
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the State Historic Preservation Division at (808) 933-
7651. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
21. Should any state or federally listed or endangered species be found on the subject
property, the Applicant shall comply with all applicable requirements of DOFAW
and/or the USFWS.
22. The Applicant shall comply with all applicable County, State and Federal laws,
rules, regulations, and requirements.
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23. The Applicant shall submit a final status report to the Planning Department once
all conditions of approval have been met. The report shall include, but not be
limited to, information proving compliance with the conditions of approval.
24. An initial extension of time for the performance of conditions may be granted by
the Deputy Planning Director upon the following circumstances:
A. Non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the Applicant and that are not the
result of their fault or negligence.
B. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
C. Granting of the time extension would not be contrary to the original
reasons for the granting of the permit.
D. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
E. If the Applicant should require an additional extension of time, the
Planning Department shall submit the Applicant's request to the Planning
Commission for appropriate action.
25. Should any of these conditions not be met or substantially complied with in a
timely fashion, the Deputy Planning Director may initiate procedures to revoke
this Special Permit.
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