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HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-USE-2022-000007) B CochranUSE.cm.5-17-23 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT COLLEEN COCHRAN USE PERNHT APPLICATION (PL-USE-2022-000007) COLLEEN COCHRAN is requesting a Use Permit to operate a 1-bedroom bed and breakfast establishment within an existing 2-bedroom dwelling situated on approximately 0.4029 acres of land within the Single-Family Residential-7,500 square feet (RS-7.5) zoning district. The subject property is located at 484 Kukuau Street, approximately 200 feet southwest of its intersection with Kumuko`a Street, Kukuau 2nd, South Hilo, Hawaii, TMK: (3) 2-3-042:011. APPLICANT'S REOUEST 1. Request: The applicant is requesting a Use Permit to establish a 1-bedroom bed and breakfast operation within a single-family dwelling on the subject property. The 2-story dwelling consists of 2 bedrooms and 2 bathrooms, one of which will be utilized by the applicant who will also be the onsite caretaker. The bed and breakfast will provide overnight accommodation to a maximum of 2 guests for less than 30 days. Breakfast will be provided to registered guests only and no other meals will be provided. No exterior signage for the bed and breakfast establishment is being proposed. 2. Reason for Request: The applicant's reason for the request is to provide overnight accommodation for visitors and to generate extra income for the property. Also, the applicant mentions that the dwelling has become too big for her since some immediate family members have recently departed. 3. Staffing/Employees: The applicant will be the onsite caretaker and will hire one employee to assist with routine cleaning. 4. Hours of Operation: Guest check-in time will be between 3:00 pm and 8:00 pm, and check-out time will be at 11:00 am. 5. Timetable and Cost: If the bed and breakfast establishment is approved, the applicant intends to begin operations immediately and does not feel improvements to the existing dwelling will be necessary. 6. Definition of"Bed and Breakfast Establishment": According to Section 25-1-5 of the Zoning Code, a "bed and breakfast establishment" means any single-family dwellings -1- and/or guest houses (pursuant to section 25-4-9),which have been permitted on a building site, in which overnight accommodations and only breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than thirty days. 7. Landowner: Rachael O. Carvalho Trust, C/O Colleen Cochran 8. Supportive Information: The applicant has submitted the attached in support of her request. (Planning Department Exhibit 1 — Use Permit Application dated March 23, 2023) DESCRIPTION OF STATE AND COUNTY PLANS 9. State Land Use District: Urban. 10. General Plan Land Use Pattern Allocation (LUPAG) Map: Medium Density Urban, which allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential) — up to 35 units per acre. 11. County Zoning: Single-Family Residential-7,500 square feet(RS-7.5). 12. Hilo Community Development Plan (CDP): The Hilo CDP, adopted by resolution No. 1 by the Hawaii County Planning Commission on May 21, 1975, identifies the property as situated within the Hilo Urban Area. 13. Special Management Area (SMA): The property is not within the County's Special Management Area and is located approximately I mile from the nearest shoreline. 14. Coastal Zone Management: The entire State of Hawaii lies within the Coastal Zone Management area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 15. Subject Property: The subject property is located southwest(mauka)of the Kukuau Street intersection with Kumuko`a Street, and it is rectangular in shape. It is improved with a permitted single-family dwelling situated towards the front left of the property. The remainder of the property consists of ornamental trees,fruit trees,edible plants,and a grass yard. 16. Surrounding Zoning/Land Uses: The properties immediately to the northeast,northwest, and southwest of the subject property are similarly zoned Single-Family Residential-7,500 square feet (RS-7.5) and are used for residential purposes. The property to the southeast -2- across Kukuau Street is zoned Multi-Family Residential-4,000 square feet (RM-4) and is developed with the Pacific Heights Townhouses. 17. Flood Insurance Rate Map(FIRM): The property is classified as Flood Zone"X,"(Area of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system. 18. Flora/Fauna Resources: No formal flora/fauna study was submitted with the application. The subject property has been previously cleared for the construction of an existing single- family dwelling since 1948. According to the applicant, the site's vegetation consists of ornamental trees, fruit trees, edible plants, and a grass yard. There have been sightings of Hawaiian Hawks and Owls on or near the subject property. However, there are no known nesting of either on the property. There are no known endangered species of plants or animals on the subject property. 19. Archaeological/Cultural/Historical Resources: No archaeological and cultural study was conducted of the property as the subject property has been previously impacted by ground-disturbing activities associated with residential development. No further ground disturbance is proposed. 20. Public Access: There is no public access to the mountains or the shoreline that runs through the property. PUBLIC UTILITIES AND SERVICES 21. Access/Parking/Traffic: Access to the subject property is from Kukuau Street, a County owned and maintained road with a 40-foot-wide pavement within a 60-foot-wide right-of- way. According to the Hawaii County Zoning Code Section 25-4-51(a)(2), a bed and breakfast establishment must provide one parking stall for each guest bedroom, as well as one stall for the dwelling. The property has a concrete driveway that can accommodate 2 parking stalls that will be available to guests in addition to 2 existing carport stalls. According to the applicant, traffic impacts to the subject property are not anticipated to be significant, given the small scale of the proposed 1-bedroom bed and breakfast. Most visitors are gone during the day and would not be traveling during peak traffic times. Further,the County Police Department does not anticipate any significant impact to traffic and/or public safety concerns. 22. Water: The Department of Water Supply (DWS) is currently servicing the existing single-family dwelling on the subject property. -3- 23. Fire Prevention: According to the Fire Department, Fire Department access and water supply shall comply with Chapter 18 of the 2018 Hawai`i State Fire Code and Chapter 26 of the Hawai`i County Code. 24. Wastewater: There is an existing public sewer main line along Kukuau Street, however, the subject property is not connected to the sewer and is currently being serviced by an existing cesspool. According to the applicant, the subject property is required to pay a monthly residential assessment fee to the Department of Environmental Management - Wastewater Division (DEM). DEM engineering staff confirmed by phone that the applicant is paying a monthly fee and will continue to pay this fee until the property is connected to the County sewer line. According to DEM, connection of the existing dwelling to the public sewer will be required, in accordance with Section 21-5 of the Hawai`i County Code. 25. Solid Waste: The property owner disposes of their own solid waste. 26. Food Service Operations: By definition, bed and breakfast establishments may only provide breakfast meals to guests. The Department of Health (DOH) has responded that a food establishment permit will be required if meals are to include "potentially hazardous food." If the bed and breakfast will only offer commercial cereals, certain pastries, breads, fruits, coffee, tea, or juice,then a food establishment permit may be avoided, however the limited menu must be documented with DOH and the applicant must comply with other DOH requirements. 27. Essential Utilities and Services: Electrical and telephone services are available to the subject property. The nearest police and fire station is approximately half a mile northeast of the subject property. AGENCY COMMENTS 28. State Department of Health (Planning Department Exhibit 2—April 14,2023 Memo). 29. Department of Environmental Management(Planning Department Exhibit 3 —April 4,2023 Memo). 30. Fire Department(Planning Department Exhibit 4 -April 10, 2023 Memo). 31. Police Department (Planning Department Exhibit 5—April 4, 2023 Memo). 32. Department of Public Works -Engineering Division (Planning Department Exhibit 6 —April 27,2023 Memo) -4- AGENCIES—NO COMN1 ENTS/NO CONCERNS 33. Department of Land and Natural Resources—Land Division,and Real Property Tax Office. AGENCIES—NO RESPONSE 34. Department of Water Supply. PUBLIC COMMENTS 35. There are no public comments to date on this application. -5- COUNTY OF HAWAII PLANNING COMMISSION USE PERMIT APPLICATION (Type or legibly print the requested information) APPLICANT: APPLICANT'S SIGNA/LT DATE: ADDRESS: 7 &ku a h S T q 4 ::? 2y r LIST APPLICANT'S INTEREST IF NOT OWNER: 6-k Yt- p id/A" p TELEPHONE:(Bus.) (Res.)00pp8 3h�J a DQ (Fax) LANDOWNER(S): Q e I Q. c A gVA-1ho -rAu S r LANDOWNER SIGNATURE(S): DATE: ADDRESS: (May be by letter) TAX MAP KEY: ,O l l STREET ADDRESS OF PROPERTY: REQUESTED USE: I $A,4 r'm T05+ g ZONING: NC 6 ' SIZE OF PROPERTY: . +e)-wl PV— CAS AGENT: ADDRESS: CELEPHONE:(Bus.) (Res.) (Fax) lease indicate to whom original correspondence and copies should be sent. RIGINAL: COPIES: (l Q„Q Planning Dept. Exhibit 1 C PDF Converter USE PERMITAPPLICATION Rachael O. Carvalho Revocable Living Trust Hilo, HAWAII, TMK: 3-2-3-042-011 I. INTRODUCTION I, Colleen B. Cochran, live and own a property situated at 484 Kukuau Street, Hilo,Hl. I wish to operate a 1 - room bed and breakfast (" B& B") out of my home. As the subject site is zoned single- family residential ( RS — 7.5), a Use Permit is required from the Hawaii County Planning Commission. This report is intended to supplement the Use Permit application requirements. 11. PROJECT LOCATION The subject site, consisting of 0.4029 acres, and identified by TMK: 3-2-3-042-011 is located on Kukuau Street a .5 mile from the police station, and across the street from Pacific Heights Townhouses which is managed by Daylum Reailty in Hilo. This is a 2 -story 2 -bedroom single- family dwelling with full basement, which one bedroom is intended to be used for the B&B on the subject site. While the immediate character of this area is residential in nature, there are commercial - related uses in the immediate vicinity, particularly in close proximity to subject site and along the Waianuenue Ave. III. PROJECT DESCRIPTION Project Objective As noted earlier, I am the beneficiary to the trust and live in the dwelling. Because the 2 - story dwelling has 2 bedrooms, it is too large for me. I would like to operate a maximum 1 -room B& B to supplement my income and enjoy the company of my guests (4). Given the residential ambiance of this area plus the site's proximity to the Hilo International Airport and various tourist attractions, I believe that the site would be suitable for such use. 1 Section 25- 5- 3 ( b)( 1) of the Zoning Code allows the requested use in this zone, subject to the issuance of a Use Permit. Thus, this request would be a conditionally permitted use. In the process of developing and/or operating the B&B, all applicable land use and development codes would be complied with. In that regard, please note the following regarding the B& B standard, as outlined in Section 25-4. 7 of the Zoning Code. A. The B& B would be subordinate to the principal use as a residence by the owner. Its continued use as a residence would not be detrimental to the character of the surrounding area. B. The operator-which is the applicant-will reside in the dwelling where the B& B is being conducted. C. There will be no more than 1 rentable rooms, with the maximum number of guests at any point in time being capped at 2. D. Guests will be provided only breakfast meals. E. An on- site parking area to accommodate a minimum of 2 vehicles will be provided. The parking will be on existing concrete paving. Additional parking will be available if needed on street fronting the residence F. Any sign erected on the subject site will comply with the applicable sign requirements for a residential zone. Project Components Pursuant to the above objectives, I would like to utilize my dwelling for a B&B operation. I am seeking the opportunity to use a maximum of 1 bedroom as a guest room .Access to the project site would be from Kukuau Street. Parking to accommodate at least 2 cars will be provided on the property. The parking will be situated on existing concrete paving in front of the dwelling. More parking, if needed can be accommodated on the street in front of the dwelling. 2 Timetable and Cost I hope to operate immediately upon issuance of the Use Permit, provided it is in conformance with state and county quarantine policies at that time. No improvements are needed. IV. BACKGROUND INFORMATION A. Proposed Use I am proposing the use of my primary dwelling as a Bed and Breakfast operation. The reason for this request is because my dwelling has become too large for my sole use following the departure of my immediate family in recent years. I wish to supplement my income by operating a B& B and enjoying the company of my guests. The proposed hours of operation are as follows: check- in time for guests will be limited between the hours of 3:00 PM and 8:00 PM. Check-out time will be at 11:00 AM. The number of employees will be myself and one casual hire employee to assist with routine cleaning. The number of clientele or guests will be no more than 2 at any given time. B. Description of Subject Property The subject site, consisting of 0.4029 acres, and identified by TMK: 3-2-3-042-011 , is located in Hilo on Kukuau Street about .5 mile north of the Hilo Police Department. C. State/County Plans Affecting Subject Request The State Land Use designation of the subject property is Urban.As such, no action by the State Land Use Commission is required for this action. County Zoning for the property is RS-7.5. The property is within the area covered by the Hilo CDP. In the area of the proposed project, the County General Plan Land Use Pattern Allocation Guide ( LUPAG) map is Medium Density Urban. No amendment to the General Plan is necessary to effectuate this proposal. The property is not within the Special Management Area ( SMA). D. Surrounding Zoning and Land Uses The County zoning of the subject site is Single-family Residential ( RS -7.5). The immediate character of this area is residential in nature. E. Flood Insurance Rate Map ( FIRM) Designation The FIRM designation for subject property is XS. In other words, the property falls within the 500 year flood zone. But is not within the 100 year flood zone. F.Archaeological Resources In a previous change of zoning for the subject property, a no-effect letter was received from the Department of Land and Natural Resources-State Historic Preservation Division dated December 6, 2001, which stated that residential development/urbanization and previous grading and grubbing has altered the land. G. Floral and Faunal Resources None of the vegetation on this site are known to be on the endangered plant species list. Most commonly found vegetation is ornamental, with some fruit-bearing trees and edible plants commonly found among residential properties in Hawaii, such as lemon, lime, papaya, pineapple, 4 etc. Because of the lack of native ecosystems and threatened or endangered plant species, it is unlikely that there would be any adverse impacts to botanical resources as a result of the B& B use. In terms of the faunal environment, there are sightings of Hawaiian Hawks and on rare occasions, Hawaiian Owls observed on or near the subject property. However, there are no known nests near or on property, and sightings of these species are transient in nature. H.Access to Subject Property Subject property is accessed via a private driveway situated on owner applicant's property which connects directly to Kukuau Street. The driveway is paved with concrete, and it is approximately 30 feet in width and 60 feet in length enough to allow 4 cars in the driveway I. Traffic Impacts The traffic impact of operating a Bed and Breakfast would decrease the amount of traffic to and from this property when compared to the impact of renting the property for residential use. Multiple residents would increase the access to and from the property significantly on a daily basis, especially during peak commute times. Conversely, Bed and Breakfast guests would access the property Tess frequently. When fully occupied, the Bed and Breakfast should generate at least 10 movements during the course of a day. Most visitors tend to avoid peak traffic times, and will likely be gone during most of the day, returning only to sleep. For these reasons, it is anticipated that the proposed use will not adversely impact traffic. J.Availability of Utilities County water, digital phone service, commercial power, and County code compliant septic tanks and private cesspool with a monthly residential assessment from the Waste Water Division are in use on subject property. 5 V.ADHERENCE TO STANDARDS A. Zoning Code and County General Plan The basic intent and purpose of the Zoning Code ( Chapter 25) of the County of Hawaii requires the Code to be "applied and administered within the framework of the general plan...." It also regulates density, land uses, and design and building standards within the various zoning districts. As discussed earlier, it is my full intent to comply with all applicable standards or a Bed and Breakfast as outlined in the Zoning Code. Further, no variance from the Zoning structural standards is being contemplated at this time. Relative to the general purpose of zoning district, the subject site is zoned Single-family residential ( IRS-7.5). Section 25- 5- 1 of the Zoning Code notes that the purpose of this district is to provide for"lower or low and medium density residential use, for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purpose". The proposed Bed and Breakfast, by its nature, seeks the same ambiance as residential projects. To a large extent, it prefers a quiet and calm environment. In the absence of any guests, the Bed and Breakfast will continue to be used as owner-applicant's residence. Its use, therefore, will be not much different than " empty nesters"with a large family whose children periodically come home. It should be added that the requested Bed and Breakfast use is not a use that requires a zone change. It is already considered " conditionally permitted", except that the process requires a Use Permit to allow neighbors and the community to weigh in on the proposed use. The requested uses would be consistent with the policies and objectives of the General Plan. The County General Plan LUPAG map designates the subject property and Medium Density Urban.As such, the requested use would be consistent with the purpose of this designation, and no General Plan amendment is necessary. 6 Lastly, the requested use of a Bed and Breakfast operation would not be contrary to the goals and policies of the Hilo Community Development Plan. B. Impacts to Public Agencies The proposed Bed and Breakfast is located in an area where the basic infrastructure is already available. Its use will not result in having government extend its services. Its use would still be consistent with the existing character of the surrounding residential use. Like residential communities, the Bed and Breakfast prefers a tranquil environment. At the same time, there would be some measure of economic benefits to the surrounding area, as guests of the Bed and Breakfast will frequent local and nearby communities for shopping and dining. C. Impacts to Public Welfare The Bed and Breakfast should not cause any significant adverse impact to the public welfare, community' s character, and surrounding properties. The required infrastructure to and within the project site is already available. Being within an urban environment, this area is already being serviced by other public services, particularly police and fire.Accordingly, there should be no significantly adverse impact to the public welfare. While the project will generate some traffic, the primary access from Kukuau Street is already adequate. In addition to the traffic occurring during the non -peak AM/ PM hours, unlike a retail operation, traffic is not anticipated to be continuous. The nearest dwelling from the proposed Bed and Breakfast site is approximately 300 feet away, with fencing and heavy vegetation between it and the subject property 490 Kukuau St. Owner Catherine Becker TMK 23042002. The next closest dwelling is approximately 350 feet away, with fencing and vegetation between it and subject property 506 Kukuau St. Owner Vernon Podlewski TMK 23042003. T v L 1L1L � w I I �GECE�VED ! This qet, � �7U�`O necificat;oof aC moved plan s and Job site ns shall be ke conspt on truction, all times during Date I a ,-27- o APPROVED Q� BUIIDI��� DIVISION CHIEF _ I JOB cnpy PROVED �- �i GtreGos,cmilp fWabs COPMA0 .5 _- - z z 0 o-' o z u6£i Q r:) 010249 S N ►'� CA -r 4RO-00 --- -_ -- UUA SHEET NO. I � i I \i _ ��- ,� ��,,�, ., � _� ��I ,� �_ ;..� _ � �L� - � �%�" ,��' \V '� � - i , ��' �) i -�.� `Jr Rear Yard uuetl Setback Req r rd °' OF PUBLIC WORKS DEPARTMENT DIVISION ENGINEERING DRIB° IN ACCORDANCE COUNTY THE HAW BE CHAPTER 22 SHALL BE OBTAINED D CODE, A PERMIT RIGHT_Of- _ FOR DRIVEWAY CONSTRUCTION WITHIN THE COUNTY ROAD V DING X 57 AND g WAY. '�Fi GRADING- ALL EARTHWPRER 10 OFATHE C SHALL CONFORM To A PERMIT MAY \ \ MAWAII COUNTY COLOT GRUBBING AND/OR\\ BE REQUIRED FOR ( GRADING. t 1 RAINFALL ' Min.Y—�.1� DRAINAGE: NO ADDITIONAL \ \ Side Yard �GENERATED BY THIS PROJECT p,•;n, RUNOFF p BE DISPOSED NT ONTO COUNTY F de Yard �� $etba k Require SHALL !3Q*ack Required . \ qLL DRAINAGE OAD)NAYS OR DIMPROVEMENTS $HALLWAII �1 T ' CONFORM TO CHAPTER 27 OF THE HA COUNTY CODE. ROADWAY: CHECK WITH HIGHWAYS DIVI N�F ROADWAY IS MAINTAINED in. BY COUNTY Of HAWAII Front Yard I Setback Required DEPARTMENT of PUBLIC WORKS ENGINEERING DIVISI P1 }<L1KUA U RoAG REVIEWED gY' Toro\ DATE: 1 5C: "= Zo � _ �; U \I "�`,,� �) Q ;,: .�� Ili, is� - � =;, �' � — ��• s. - — -- -� _ i- ��' .f � ----� I JOSH GREEN, M.D. KENNETH S. FINK, M.D,MGA, MPH 6...........9 GOVERNOR OF HAWAII r�+•"ys9'�;' DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y: KA LUNA HO'OKELE 4Q.�q•©.I�t�•r]oG� STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: April 14, 2023 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Use Permit Application (PL-USE-2022-000007) Applicant: Colleen B. Cochran Request: To Allow a One-Bedroom Bed and Breakfast Establishment Within an Existing Dwelling TMK: 2-3-042:011, S. Hilo, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health"Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: hgps://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. Planning Dept. Exhibit 2 Zendo Kern April 14, 2023 Page 2 of 4 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: hgps://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: hLtps://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation& Emergency Response Office are at: hops://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at hqps://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- Zendo Kern April 14, 2023 Page 3 of 4 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: hgps://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: hgps:Hhealth.hawaii.gov/epo/landuse/. Solid &Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid&Hazardous Waste Branch can be found at: https://health.hawaii.ggov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at.doh.wwbgdoh.hawaii.gov. Sanitation/Local DOH Comments: 1. "Bed and Breakfast establishment" means a single-family dwelling, including a single guest house, in which overnight accommodations and only breakfast meals are provided, and the number of guests does not exceed six(6). 2. "Potentially hazardous food" means any food that consists, in whole or in part, of milk or milk products, eggs, meat,poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods that have a pH level of four and six-tenths or below or a water activity (aw)value of eighty-five hundredths or less. 3. When required by the County Planning Department, Bed and Breakfast establishments may request documentation from the Department of Health. The Department of Health will provide documentation to the Planning Department once written communication Zendo Kern April 14, 2023 Page 4 of 4 from the Bed and Breakfast operators are received regarding their food service operations. 4. If the proposed Bed and Breakfast meal consists of commercial cereal,pastries (except custards or cream filled), breads, fruits, coffee, tea, and juice, a food establishment permit will not be required from the Department of Health at this time. This limited menu must be documented in a letter to the Department of Health. The guests shall be informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Department of Health. 5. For Bed and Breakfast operations that provide meals which include potentially hazardous foods, a food establishment permit will be required to operate. County landuse approval for operating a food establishment may also be required. A kitchen used to prepare foods for individual family consumption will not be allowed to be permitted. A separate commercial kitchen will need to be constructed. 6. If you have any questions regarding this guideline,please call the Food Safety Program at 933-0917. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. V°`"! Mitchell D.Roth �':�„' L��,r'Qf Ramzi I.Mansour Mayor Director Lee Lord '�; •...°",��` Brenda Iokepa-Moses Deputy Director Managing Director County of Hawai'i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuando`a Street,Suite 41 •Hilo,Hawaii 96720•cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Direct 6� y. Department of Environmental Management DATE: April 4, 2023 SUBJECT: Use Permit Application(PL-USE-2022-000007) Applicant: Colleen B. Cochran Request: To Allow a One-Bedroom Bed and Breakfast Establishment Within an Existing Dwelling Tax Map Key: (3) 2-3-042:011, S. Hilo, Hawaii The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): • Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. • Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. • 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 Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. • Construction and demolition waste is prohibited at all County Transfer Stations. The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): • Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. County of Hawaii is an Equal Opportunity Provider and Employer Punning Dept. Exhibit 3 HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO, HAWAII 96720 DATE April 10, 2023 Memorandum TO MARYAM PALMA, COUNTY OF HAWAII, PLANNING DEPT. FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: COLLEN COCHRAN,USE PERMIT APPLICATION (PL-USE-2022- 000007), BED AND BREAKFAST In regards to the above-mentioned project, Fire Department Access and Water Supply shall comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii County Code. For any questions, please email Clinton.Baybqyan(2hawaiicoun ov or call 808-323-4761. Respectfully Submitted, 9(5�_ Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 4 YY OF•� Mitchell D. Rothe BenjaminT. Mosxkowicx 1kn ur !'nlrc'f 7uf 3r F OFF%' County of Hawai' i POLICE DEPARTMENT 349 Ka1)roIani Street • I I i I o IIa,,rai'i 96720-;998 t9(18)43i-;311 • Fa,[904S1961-_2389 COH PLANNING I)EPT April 4, 2023 APR 5 2023 Pm2:32 TO *AREA D❑ KERN, P ING DIRECTOR FROM ET I HO, ASSISTANT POLICE CHIEF I ❑P TIONS BUREAU SUBJECT: USE PERMIT APPLICATION (PL-USE-2022-000007) APPLICANT: COLLEEN B. COCHRAN REQUEST: TO ALLOW A ONE-BEDROOM BED AND BREAKFAST ESTABLISHMENT WITHIN AN EXISTING DWELLING TAX MAP KEY: (3) 2-3-042.011, S. HILO, HAWAII Staff, upon review of the documents provided, does not anticipate any impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Sandor Finkey, Hilo Patrol, at 961- 2214 or via email at sandor.finkey@hawaiicounty.gov. SF.IIi123HQ0413 Planning Dept. ' 13W3i i{_0U11t} is an Vqual OPPortuniIN Provider and 1'mployer" Exhibit 5 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: April 27, 2023 O&WOU0449M TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division i SUBJECT: USE PERMIT APPLICATION (PL-USE-2022-000007) Request: To Allow a One-Bedroom Bed and Breakfast Establishment Within an Existing Dwelling Applicant: Colleen B. Cochran TMK: 2-3-042.011 We have reviewed your submittal dated March 30, 2023 and offer the following comments: 1 . The subject parcel is in an area designated as Zone X Protected by Levee on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X Protected by Levee is an area determined to be outside the 500-year floodplain. We have no other comments since the request is to use an existing dwelling with existing access to a County road and there are no open violations associated with this property. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 6 County of Hawaii is an Equal Opportunity Provider and Employer