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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SPP-2023-000038) RHam akuaHe alth SPP-4/21/23 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION HAMAKUA HEALTH CENTER, INC. SPECIAL PERMIT APPLICATION (PL-SPP-2023-000038) Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends that the request for a Special Permit to establish a transitional medical clinic and workforce housing on an approximately 4.321-acre portion of a 5.682- acre property be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the 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 requesting a Special Permit to allow for the establishment of a transitional medical clinic and workforce housing, including accessory structures and uses on about 4.321 acres of land in the State Land Use Agricultural District. According to the applicant, Hamdkua Health Center currently operates its North Kohala healthcare center in a building located adjacent to Kohala Hospital. A Special Permit is required to establish a transitional medical clinic and workforce housing in the A-20a zoning district. Additionally, the applicant has concurrently applied for a Use Permit to establish a permanent medical clinic on the portion of the subject property situated in the State Land Use Urban District. According to the applicant, Hamdkua Health Center currently operates its North Kohala healthcare center in a building located adjacent to Kohala Hospital. Due to an increase in demand for community medical services, the existing facility has no additional space that would allow Hamdkua Health Center to expand its operations to meet the growing patient population in the North Kohala district. The applicant is proposing to develop the Hamdkua Health Center that will consist of a transitional medical clinic,permanent medical clinic and workforce housing in three (3)phases ("Project"): ■ Phase L• Phase I will consist of the construction of a transitional medical clinic, a -1- single-story, approximately 4,153-square foot building located on the northwestern corner of the property. The existing Building C on the subject property will remain in its current condition and will be initially utilized for the live-in caretaker, who will provide evening security for the proposed Project and may be utilized for storage, an office or other related uses accessory to the transitional medical clinic and permanent medical clinic. ■ Phase IL• Phase II will consist of the construction of a permanent medical clinic, a two-story, approximately 23,973-square foot building which will be located in the southwestern corner of the property. Existing Building C will continue to house the live-in caretaker and Project-related uses and existing buildings A and B will be demolished. ■ Phase III: Phase III will be the final phase and will consist of the construction of the workforce housing, a proposed two-story, approximately 5,696-square foot multi-family dwelling which will house workers and employees as well as traveling multi-disciplinary researchers and trainees working at the Project. As the project is anticipated to be developed in three (3) phases, the first phase is anticipated to be completed by late 2023 or early 2024. The transitional medical clinic will be operational for a period of approximately two (2)years and will be demolished and repurposed upon completion of the permanent medical clinic. Construction of the second and third phase will be based on availability of financing, but the applicant's goal is to complete the construction of the permanent medical clinic and workforce housing by 2025. The applicant is proposing that there will be up to 43 full-time employees, including physicians (primary care physicians, internists,pediatrician,women's health); nurses; behavioral health specialists; dentist and support staff, a Hawaiian healing director and lomi lomi masseuse; pharmacist, technician and support staff, and administration and support staff(manager, front office staff, care coordinators,refill and referral specialists, medical records staff and janitorial and grounds maintenance staff). The estimated hours of operation of the permanent medical clinic will be from 7:30 am until 6:30 pm Monday to Saturday. -2- 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 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 State Land Use Law and Regulations are 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 of the State of Hawai`i. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The subject property is currently vacant of any agricultural uses and has been historically used as the Kohala Hotel. The request is unusual in that the proposed uses are not agricultural in nature. However, the proposed transitional medical clinic and workforce housing will primarily occur in an area that has been previously cleared. While approval of this Special Permit will introduce non-agricultural uses into the area, the applicant proposes to develop an outdoor gathering/garden, as well as to plant and cultivate native Hawaiian plants from within Waiakalaupala Gulch to be incorporated into its la`au lapa`au on the subject property. Based on the preceding, the subject request is considered an unusual and reasonable use of agricultural land. -3- 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 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 subject request is considered an unusual and reasonable use of the agricultural land and the proposed use will not adversely affect the preservation and agricultural use of the County's prime agricultural lands. 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 properties immediately adjacent to the west of the subject property along Akoni Pule Highway are zoned Neighborhood Commercial-10,000 square feet(CN-10) and Agricultural-20 acres (A-20a). Properties located to the north are zoned Agricultural- 20 acres (A-20a). Surrounding properties within the Single-Family Residential (RS-15) zoning district, Agricultural-3 acres (A-3a) and Agricultural-20 acres (A-20a) zoning district are located to the south and east of the subject property. Associated uses include institutional, residential, and agricultural uses. The property was previously used as the Kohala Hotel, with no adverse impacts on surrounding properties. The applicant has proposed that the project will not employ visually offensive structures or equipment, will not produce unsafe or unpleasant odor, noise, heat, or other particulates, and will not involve chemicals or other substances which pose a threat to health and safety in the community. In addition, the large size of the property and natural topography will physically provide a buffer to adjoining properties. Additionally, the applicant will be required to follow setback, building height and landscaping requirements of the code through the Plan Approval process to further minimize any adverse noise and visual impacts that may be generated by the project. -4- Traffic will be staggered to the site based on scheduled appointments. To mitigate traffic impacts the applicant is also proposing to provide on-site parking for 19 vehicles for Phase I of the project which includes the construction of the transitional medical clinic. Once the permanent medical clinic is constructed along with the workforce housing,parking for a total of 90 vehicles including ADA and a loading unloading area will be constructed on the subject property. The applicant has stated that the estimated hours of operation of the transitional medical clinic will be from 7:30 am until 6:30 pm Monday to Saturday and the same will be for the permanent medical clinic once it is constructed. Construction of the project will create temporary construction-related impacts such as an increase in noise, dust, and construction traffic. These impacts will be temporary in nature and minor in scope and therefore are not anticipated to have a substantial adverse impact on the surrounding properties, particularly since some of the surrounding properties are already developed with commercial and community uses. 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 received only letters of support 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.Access to the subject property is currently from an existing 20-foot driveway to Akoni Pule Highway, which is a minor arterial roadway under the jurisdiction of the County of Hawai`i by a Transfer Agreement between the State of Hawai`i Department of Transportation and the County of Hawaii dated December 7, 2021. The applicant is proposing to construct a secondary driveway from Maluhia Road, a private roadway located to the west of the property. The applicant obtained a Grant of Easement, dated September 21, 2022, and recorded at the Bureau of Conveyance of the State of Hawai`i, which granted the applicant easement rights over Maluhia Road. Access to the transitional medical clinic is proposed to be from Maluhia Road with an interior turn- around and fire apparatus access lane. The applicant is proposing to expand the existing -5- Akoni Pule Highway driveway access from 20 feet to 60 feet during the operation of the transitional medical clinic. Access to the workforce housing will be from the proposed Maluhia Road driveway and will include the Akoni Pule Highway driveway once the driveway improvements have been completed. To minimize impacts to Maluhia Road, a condition has been added to require that improvements to the Akoni Pule Highway driveway be completed prior to the issuance of a certificate of occupancy for the permanent medical clinic. A Traffic Assessment Report(TAR) for the proposed Hamakua-Kohala Health Wellness Center dated November 2022 was conducted by the Traffic Management Consultant(TMC). The TAR included traffic counts and studied the impacts of the proposed project on two (2) intersections in the vicinity of the subject property. According to the TAR,Maluhia Road and Akoni Pule Highway driveway currently operate at a Level of Service "B" (control delay is not significant). The TAR concluded that at full buildout in 2025,the Akoni Pule Highway driveway could be expected to operate at a Level of Service "C" during the AM peak hours and a Level of Service "B" during the PM peak hours while the Project's Maluhia Road driveway is expected to operate at a Level of Service "B" during both AM and PM peak hours. The TAR provides several recommendations to mitigate traffic impacts including providing adequate site distance, road widening, and a stop-control at the tee-intersection of the Maluhia Road driveway and Maluhia Road. The Department of Public Works recommended that access to Akoni Pule Highway, shall meet with the approval of the Department of Public Works-Engineering Division and shall include adequate site distances. DPW did not provide recommendations on the Maluhia Road access because it is a private easement, rather than a County roadway. According to the applicant, the property is currently served by an existing 8-inch waterline along Akoni Pule Highway fronting the property, and an existing 5/8I'-inch meter. Additionally,the applicant stated that the existing meter is sufficient to service Phase I of the development, however, it is insufficient for Phase II and Phase III. According to a memo from the Department of Water Supply,the existing 5/8I'-inch meter is only suitable for one single-family dwelling with an average daily usage of 400 gallons -6- per day (gpd). Additionally, DWS stated that while the Department has no objections to the proposed development,the Department cannot provide additional water at this time. DWS went further to state that construct of a new water tank, Hala`ula Well, is currently on-going and they will re-evaluate the water usage calculations once the well improvements have been completed and in operation. According to the Water Demand Calculations provided by the applicant, the water usage for operation of the transitional medical clinic will remain unchanged. The permanent medical clinic and workforce housing will require an additional five (5)units of water and DWS has preliminarily informed the Project's engineers that additional units of water can be made available for the Phase II and Phase III of the development subject to a final determination to be made by DWS. Since DWS has stated that the existing meter is only sufficient for an average daily usage of 400 gpd, a condition requiring the applicant to either obtain additional water commitments, provide on-site potable water, or come to an agreement with the DWS on the availability of water has been added. This will allow the applicant to work with DWS, should more water become available to the area. There is no municipal sewer system in North Kohala. According to the applicant, the existing structures are currently serviced by two (2) cesspools on the property. Both cesspools are situated within the State Land Use Urban District and will be closed accordingly with the State Department of Health (DOH) guidelines during Phase II of the Project. The applicant intends to connect the transitional medical clinic to a new Individual Wastewater System (IWS) with leach field. Due to the topography and siting of the permanent medical clinic, the transitional medical clinic's IWS will be closed once construction of the permanent medical clinic is complete. The workforce housing will connect to a new IWS that will share the primary and secondary backup absorption beds from the permanent medical clinic. The total wastewater output for the proposed project is estimated to not exceed the total 15,000 gpd. According to comments provided by the State Department of Health (DOH),while the Department has no objection with the Project, the two proposed IWS would not meet the criteria set forth in Chapter 11-62 of the Hawaii Administrative Rules and therefore the applicant will be required to install a wastewater treatment plant as the proposed flows exceed 1,000 gallons per day. A -7- wastewater treatment system is distinct from a septic system, or individual wastewater system (IWS), and is required to address the higher-level output associated with commercial use of the subject property. A condition of approval will be added to require that the applicant complete the wastewater upgrade, meeting with the approval of DOH, prior to occupancy of each phase. Futhermore, the Department of Public Works Building Division provided comments on the subject application that permits shall be required for the proposed project. Agencies that review a commercial building permit application include the Department of Health; Fire Department; Department of Public Works- Engineering Division and Building Division, which includes Building, Electrical and Plumbing code review. An existing fire hydrant is located in the grass swales along Akoni Pule Highway, approximately 100 feet east of the Project's existing Akoni Pule Highway driveway. A fire hydrant flow test was conducted by Engineering Partners, Inc. (EPI) on August 8, 2022. Based on the test, it was confirmed that the existing municipal water system provided adequate water flow,pressure and storage to meet the fire protection needs of the Project. In addition,the applicant is proposing to construct a stand-alone 10,000- gallon water catchment tank with a 4-inch waterline supplying the Fire Department connection that will be mounted on a concrete monument which will alleviate the need for a fire hydrant to be installed for the Project. 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. Electrical and telephone services are available to the subject property. Police, fire, and medical services are located nearby in Kapa`au. 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. Since then, demand and growing number of -8- individuals and families in need of healthcare assistance has risen substantially in the rural communities such as North Kohala,without a corresponding offering of healthcare services to meet those needs. This request would meet this demand by increasing the availability of healthcare for the area. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The portion of the property situated in the State Land Use (SLU) Agricultural District has soils classified as "Unclassified"by the Department of Agriculture's ALISH Map. The Land Study Bureau's Soil Ratings for the portion of the property in the SLU Agricultural District where ethe proposed uses will be located is classified as "C" or"Fair" and"E" or"Very Poor". The properties' soil type in the project area are classified as Kohala silty clay 3 to 12 percent slopes and Kohala silty clay 35 to 70 percent slopes. These soils consist of well-drained silty clays that formed in material from volcanic ash. However, based on the property's poor soil quality,the land upon which the proposed use is sought is unsuited for agricultural uses. (F) The use will not substantially alter or change the essential character of the land and the present use. The proposed transitional medical clinic and workforce housing will utilize approximately +2.5 acres or approximately 57% of the approximately 4.321-acre portion of the subject property that is within the SLU Agricultural District. The remaining+1.821 acres or 43% of the portion of the property within the SLU Agricultural District will remain "as is", including all of Waikalaupala Gulch,which traverses the subject property. The surrounding properties in this region are a combination of vacant lands, land utilized for agricultural pursuits,recreational uses, residential dwellings and farm dwellings, and neighborhood commercial uses. Further, the proposed transitional medical clinic and workforce housing has been designed to complement the existing surrounding landscape in order to create an overall environment that is conducive to healing. Therefore, the essential character of the area will not substantially change. (G) The request will not be contrary to the General Plan,North Kohala Community Development Plan (NKCDP) and other documents such as Design Plans. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General -9- 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 subject property is cut into two different LUPAG designations. About two thirds of the subject property is identified by the LUPAG map as Low Density Urban and the remaining one-third of the subject property and northern most portion of the parcel is identified as Important Agricultural Lands. These designations closely align with the A-20a and RS-15 zoning for the property. Important Agricultural Land designations are lands with better potential for sustained high agricultural yields because of soil type, climate,topography, or other factors. Given that the transitional medical clinic and workforce housing will occur within the lands designated as Important Agricultural Land, the applicant has proposed to incorporate an outdoor gathering garden and will ensure that approximately +1.821 acres or 43% of the portion of the property will remain "as is" and be available for agricultural uses. 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. • Promote and encourage the rehabilitation and use of urban areas that are serviced by basic community facilities and utilities. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Public Facilities Health and Sanitation Hospitals and Related Facilities • Encourage the development of new health care facilities or the improvement of existing health care facilities to serve the needs of Hamakua, and North and South Kohala. • Encourage the establishment or expansion of community health centers and rural health clinics. -10- The North Kohala Community Development Plan (NKCDP) has a goal to manage the future growth of the district in a manner that is consistent with the Kohala lifestyle and ideals of being a rural community with a strong cultural heritage, an agricultural base, and a small-town feel. Strategy 4.9 (Increase Community Awareness of Healthcare Services in Kohala) is noted under"Action/Strategy" in the Implementation matrix contained in the document, and the availability of a variety of healthcare services is recognized as an important component of overall adequacy of healthcare in a community. According to Section 25-1-5(b) of the Zoning Code, a"Medical clinic"means an office building or group of offices for persons engaged in the practice of a medical or dental profession or occupation. Additionally, a medical clinic can be located within the County's Agricultural zoning district with the granting of a Special Permit. Section 25-5- 72(e) of the Zoning Code further states that buildings and uses, such as workforce housing, can be permitted within the Agricultural district when they are accessory to the uses permitted within the Agricultural district. The workforce housing will be accessory to the permanent medical clinic situated in the State Land Use Urban District. Based on the preceding, the proposed transitional medical clinic and workforce housing will not be contrary to Zoning Code and are consistent with the General Plan and the NKCDP. 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 1.2 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. Thus, the proposed request and use of the property will not adversely impact those resources. 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" -11- and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: ■ Investigation of valued resources: An archaeological assessment of the subject property, including the permit area, was done by Scientific Consultant Services, Inc., in March 2023. Additionally, a Botanical Survey and Vertebrae Faunal Survey of the subject property was conducted by Geometrician Associates LLC on December 2021. ■ The valued cultural, historical, and natural resources found in the permit area: The most recent draft AIS identified one (1) site with six (6) features within the project area. The one (1) site identified in the AIS was assessed as significant under criterion "d" (yielding information important for research on history or prehistory) with five (5) features also significant under criterion "c" (embodying distinctive characteristics of Historic era structures and their method of construction). No further work or preservation is recommended. 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 past use of the property as a hotel, 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. In a letter dated April 29, 2022, SHPD provided comments on a previous proposed project that encompassed an approximately 1.5-acre portion of the subject property. In the 2022 letter, SHPD determined that no historic properties were to be affected. However, for the new proposed project area, no new comments have been received from SHPD. -12- The subject property has been partially cleared and developed with three 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. Although not detected during the survey, it is possible that small number Hawaiian Hawk, endangered Hawaiian Petrel, the endangered band rumped storm petrel and the threatened Newell's shearwater fly over the area between the summer and fall seasons. The Hawaiian goose or nene, although not observed during the survey, have the potential to be present. The Hawaiian Hoary Bat, although not observed during the daytime surveys, are assumed to be present. No native terrestrial reptiles or amphibians were observed during the survey. The report recommended standard mitigation measures to protect the endangered species listed above that should be adhered to during construction and operation of the Hamakua Health Center. ■ Possible adverse effect or impairment of valued resources: Native vegetation may be destroyed by ground alternation and construction activities, however, there is no evidence that the flora in the area is particularly desired or used for cultural practices. There are no identified springs, pu`u, native forest groves, gathering resources, or other natural features present on or near the project site that would support traditional resource uses. Some vegetation may be destroyed by construction of the transitional medical clinic and workforce housing, but there is no evidence of adverse effects or impairments to valued resources. As mentioned above, impacts on identified archaeological resources will be addressed through the approval of a draft AIS. As archaeological remains could be inadvertently be uncovered during development activities, a condition of approval will be added to address and mitigate any inadvertent finds. Hawaiian fishing/gathering rights will not be affected by this project and as there is no direct public access to the shoreline or mountains located within the -13- project area. With implementation of the mentioned conditions of approval the proposed action will not affect traditional Hawaiian rights. ■ 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 transitional medical clinic and workforce housing 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(s), its successor(s), or assign(s) ("Applicant") shall be responsible for complying with all of the stated conditions of approval. 2. The operation of the transitional medical clinic and workforce housing 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 March 9, 2023, and any representations made to the Leeward Planning Commission. Any substantial expansion of the -14- facility or uses beyond what is represented in these documents shall require an amendment to this permit. 3. Prior to construction, the Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25- 2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structure(s),paved driveway access and paved parking stalls associated with the proposed development, landscaping, signage, fire protection measures, outdoor lighting (if any) and other improvements associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. A buffer yard landscaping shall also apply to the property's road frontage located along the south and west property boundary in accordance with the requirements of Planning Department's Rule No. 17. 4. Currently there is one 5/8-inch meter available to service the subject property that shall not exceed an average daily usage of 400 gallons per day (gpd) for the proposed use. Prior to the issuance of a Certificate of Occupancy for any of the proposed structures, the applicant shall either obtain additional water commitments for the proposed use, as required by the Department of Water Supply; provide on-site potable water storage tanks meeting the requirements of the State Department of Health Safe Drinking Water Branch (DOH-SDWB); or obtain an agreement with the Department of Water Supply on the availability of water. The applicant shall coordinate with the DOH-SDWB to ensure compliance with their requirements. The applicant shall submit a copy of a letter from the DOH-SDWB stating that the potable water and drinking water sources meet their requirements prior to the issuance of a certificate of occupancy. 5. The Applicant shall implement any improvements required by the Fire Department and/or Department of Water Supply to ensure that fire protection -15- requirements can be met for commercial uses prior to issuance of a Certificate of Occupancy. 6. The method of sewage disposal shall meet with the requirements of the Department of Health, and shall be provided prior to issuance of a Certificate of Occupancy for each phase. 7. A drainage study shall be prepared by a professional civil engineer licensed in the State of Hawaii and submitted to the Department of Public Works prior to issuance Final Plan Approval. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. 8. All development-generated runoff shall be disposed of on-site and not directed toward any adjacent properties. 9. The Applicant shall comply with Chapter 27—Flood Control, of the Hawai`i County Code. 10. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. 11. The Applicant shall notify prospective purchasers,tenants, or lessees of the subject property that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of the subject parcel. 12. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. 13. 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 -16- 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. 14. Should any state or federally listed or endangered species be found on the subject property, the Applicant shall comply with all applicable requirements of Department of Land and Natural Resources - Division of Forestry and Wildlife and/or the United States Fish and Wildlife Service. 15. The Applicant shall comply with all other applicable laws, rules,regulations, and requirements of the affected government agencies for the proposed uses. 16. Should any of these conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate procedures to revoke this Special Permit. -17-