HomeMy WebLinkAboutAgenda Item 2 - John Allen Sign - 76 Stn (PL-KVD-2023-000048)C:\Users\ryoung\Desktop\Sign Permit Application Referral 4-2-2012.doc March 2012
REFERRAL of SIGN PERMIT APPLICATION for KVDC REVIEW
To: KAILUA VILLAGE DESIGN COMMISSION, c/o PLANNING DEPARTMENT
From: DEPARTMENT OF PUBLIC WORKS, BUILDING DIVISION
SITE TAX MAP KEY NO.:
STREET ADDRESS: KAILUA-KONA, HAWAII
NAME OF APPLICANT:
SIGNATURE: DATE:
MAILING ADDRESS:
TELEPHONE NUMBER:
APPLICANT’S INTEREST, if not owner of business related to sign:
BUSINESS RELATED TO REQUESTED SIGN:
NAME OF OWNER (if same as Applicant, write “Same”):
SIGNATURE: DATE:
MAILING ADDRESS:
∗ NATURE/TYPE OF BUSINESS: TELEPHONE NUMBER:
OWNER OF MASTER LEASEHOLD INTEREST (Master Lessee), if land ownership is not fee simple:
NAME OF MASTER LESSEE:
SIGNATURE: DATE:
Print name of signator if not same as titled Master Lessee:
MAILING ADDRESS:
TELEPHONE NUMBER:
RECORDED LAND OWNER: (Fee Land Title Holder) OWNER’S SIGNATURE: DATE:
Print name of signator if not same as title holder:
MAILING ADDRESS:
TELEPHONE NUMBER:
Please include the original plus ten copies (eleven (11) sets total) of the following documents for KVDC review:
(1) this Referral form with all signatures;
(2)the attached Checklist completed and signed by both the Applicant and Business Owner; and(3) the sign permit application form with its required submittals.
FOR OFFICIAL USE ONLY:
DPW Comments: Proposed sign meets basic Sign Code requirements for placement in Kailua Village (type and number of signs, letter/logo height, sign area, placement elevation)
Confirmed by: Date:
∗ Planning Dept.: County Zoning District:
750080140000
John Allen Sign Company
75-5756 KUAKINI HIGHWAY
03.01.23
PO Box 44708, Kamuela, HI, 96743
808.882.8244
Big Island Sign Permit Applicant
(808) 227-8908
John Peyton
Landlord
MDC Coast HI 1 LLC
9/5/23
11995 El Camino Real. San Diego, CA 92130
858-284-5000
Par Hawaii, LLC
9/5/23
91-235 Komohana Street, Kapolei, HI 96707
MDC Coast HI 1 LLC
9/5/23
11995 El Camino Real. San Diego, CA 92130
858-284-5000
C:\Users\ryoung\Desktop\Sign Permit Application Referral 4-2-2012.doc March 2012
KAILUA VILLAGE DESIGN COMMISSION
REVIEW PROCEDURES and APPLICANT CHECKLIST
for SIGN PERMIT applications in the Kailua Village Special Design District
The Dept. of Public Works, Building Division (DPW-Building) administers the County of Hawai‘i Sign
Code, which includes special regulations for signs in the Kailua Village Special Design District. For more information on the Sign Code and the special design, size and placement restrictions applicable to signs in the
Kailua Village Special Design District, contact DPW-Building (tel. 323-4720). (The Sign Code is available on the internet at www.hawaiicounty.gov; search for “Hawaii County Code” and open link for Chapter 3)
Article 2 of the Sign Code requires that Sign Permit applications within the “Kailua Village Special Design District” must be forwarded to the Kailua Village Design Commission (KVDC), for its review and
recommendations, prior to sign permit approval by DPW-Building.
Most or all of the lands identified in the Tax Map Key Plats identified below are within the Kailua Village
Special Design District:
7-4-08; 7-4-10; 7-4-15; (most of the Kailua Industrial Area)7-5-03; 7-5-04; 7-5-05; 7-5-06; 7-5-07; 7-5-08; 7-5-09; 7-5-10;7-5-17; 7-5-18; 7-5-22; 7-5-23; 7-5-26; 7-5-30; 7-5-31.
Within Kailua Village Special Design District, different sign area (size) and letter/logo height regulations
apply to signs in the “Kailua Village Core,” and signs in the “Kailua Industrial Subdivision.” The Kailua
Village Core is the area bounded by or adjacent to Ali’i Drive, Palani Road, Kuakini Highway, and Lunapule Road. The Kailua Industrial Subdivision includes portions of Tax Map Key Plats 7-4-10 and 7-4-15. Consult
the attached map to determine if a proposed sign is in the Kailua Village Special Design District, the “Kailua Village Core,” or the “Kailua Industrial Subdivision,” and submit the sign permit application and KVDC forms with copies as described below for KVDC review at a scheduled public meeting.
For signs in the Kailua Village Special Design District, in addition to the standard Sign Permit Application materials required by DPW-Building, the applicant must submit to DPW-Building an original plus ten copies
(11 sets total) of the following three documents: (1) the KVDC Referral form; (2) the attached Checklist; and (3) the Sign Permit Application form and its required attachments. All forms must be signed by the parties
listed thereon. After these documents are submitted, verified as complete and referred to the KVDC, a public
meeting of the Commission will be scheduled to review the design of proposed sign, and the applicant will beinformed of the meeting date, time and location. Both the applicant and business owner are expected to be
present at the review meeting to address any questions raised by KVDC commissioners in relation to the
signage design guidelines set forth in both Section 3-54 of the Sign Code and the Master Plan for Kailua-Kona. The KVDC’s recommendation is forwarded to DPW-Building for its Director’s consideration.
Prohibited Signs: In addition to the prohibited signs listed in Article 1, Sect. 3-7 of the Sign Code, the Kailua Village has additional prohibited sign types as specified in Article 2, Section 3-61. The following are
prohibited in Kailua Village:
(1) Any sign or display which is constructed primarily of materials with a shiny, slick, or reflective surface suchas fiberglass or acrylic plastic.
(2) Any sign which is displayed on any roof or mansard roof, or when attached to a building extends above thelowest edge of any portion of the roof or mansard roof.
(3) Any sign which has a vertical clearance of less than nine (9) feet or projects, extends, or is otherwise displayedover or above any public street, park, other public places or pedestrian way, except as may be permitted by Section
3-62 or Chapter 22.(4) Any sign for product advertising when visible to the general public. A sign containing only the name of a
business is not a sign for product advertising.(5) Any mechanical sign, graphic design or decorative element that functions through animation, revolvement, up,
down, sidewards or any other similar movement, including but not limited to, any spinning device, light bulb border,flashing or mobile illumination.
C:\Users\ryoung\Desktop\Sign Permit Application Referral 4-2-2012.doc March 2012
KAILUA VILLAGE DESIGN COMMISSION
KAILUA VILLAGE SPECIAL DESIGN DISTRICT
CHECKLIST FOR SIGN PERMIT AND SIGN VARIANCE APPLICATIONS
Sign Permit and Sign Variance Application Submittal Requirements: Submit this checklist when filing an application requiring referral to KVDC for review. The KVDC will not review a Referral for Review
unless all required materials have been submitted. Place a check mark in the right hand column to confirm
that you have included the following.
Required Contents of Application (Sign Code - HCC, Sect. 3-52) Submitted
Completed Sign Permit Application form with required materials.
A graphic, colored illustration of the proposed sign, drawn to scale and reflecting all letters and the style and size of lettering.
A description or sample of any type of material to be used for the sign and its background, and a description of the method of any lighting.
A plot plan illustrating the entire area of the parcel of land involved, the
location of buildings thereon and the location of the proposed sign,
Guidelines for Review: At the KVDC hearing, the applicant is to make a presentation and show how the
proposed sign will be consistent with these Kailua Village guidelines. Place a check mark in the right column to confirm that your sign proposal will be consistent with these guidelines. Mark “NA” if not applicable.
Consistency with Guidelines – Sign Code (HCC, Sect. 3-54) and Master Plan for Kailua Village (as shown in italics).
Consistent
Relationship to Building, Site, and Surroundings: Prime consideration was
taken to fit each sign to its surroundings. The sign will complement the building it identifies. The sign will be a planned feature, and will reflect the architectural scale, design, and color of the building or structure.
Size and Number: The overall size and number of signs will minimally
dominate the property or the building which it identifies.
Shape: The shape of the sign will aesthetically and functionally emphasize
the message and will not compete with the architecture of the building.
Lettering: Subtleness, proportion, and design will be emphasized in sign copy and lettering. (Use of no more than two type faces is recommended.) Illumination: If this is an illuminated sign, the light intensity, color illumination, and careful screening of the light source was considered.
Landscaping: If this is a freestanding sign, the opportunity for landscaping treatment at its base was considered.
Material: The sign material will be compatible to the village atmosphere of
Kailua. (Encouraged sign material includes, but is not limited to, wood, stone, canvas, rope, brushed or textured metal, or glass.) Color: The sign color will not be gaudy or clashing. Use of any natural or earth-tone color is encouraged. (Use of no more than three colors, for
background, letter, and emphasis, is encouraged.)
Sign Address/Location _________________________________TMK No_______________
Applicant ________________________________________________ Date______________
Owner of Business related to Sign ____________________________ Date______________
Print name of person signing as Business Owner: __________________________________
75-5756 KUAKINI HIGHWAY 750080140000
John Allen Sign Company 03.01.23
09.05.23Philip Glick
Philip Glick
Phil Glick
Property Manager
Realty Income Corporation
11995 El Camino Real, San Diego, CA 92130
New York Stock Exchange Symbol “O”
Direct Dial: 858-284-5091
E-Mail: pglick@realtyincome.com
VIA E-MAIL: DKamana@parpacific.com
October 5, 2023
Par Hawaii, LLC
825 Town & Country Lane, Suite 1500
Houston, TX 77024
Re: 76 61228
75-5756 Kuakini Highway, Kailua Kona, HI 96740 (“Premises”)
Our File # 7704
Sbj: RI# 7704 Authorization (“Request for Authorization”)
Dear Deidre Kamana-Marzan,
Par Hawaii, LLC, as “Tenant” under a lease agreement for the Premises dated on or about February 23,
2021 (if and as amended, the “Lease”), proposes to install certain Updated Signage on or about the
Premises, all as more particularly set forth in that certain e-mail dated October 5, 2023 (“Request for
Authorization”).
Realty Income Corporation (“Realty Income”), on behalf of itself or as manager of the fee owner of the
Premises and “Landlord” under the Lease, consents to such Request for Authorization and authorizes
Tenant to execute any and all documents required or desired in connection with Tenant’s use and occupancy
of the Premises, subject to Tenant’s compliance with the following:
1. Without limiting any indemnification by Tenant of Landlord under the Lease, Tenant shall
indemnify, defend and hold Landlord harmless from and against any and all suits, claims, actions,
damages, liability, and expenses in connection with Tenant’s use and occupancy of the Premises
and the Request for Authorization.
1. In the event Tenant requests Realty Income or Landlord execute any documentation in connection
with the Request for Authorization, Tenant shall verify the accuracy of any statements or
representations made by Landlord in connection with the Request for Authorization (for example,
in any application to a permitting authority), and Landlord shall have no responsibility therefor.
2. Tenant shall comply with all applicable private and public restrictions of every kind, including
without limitation, all applicable laws, regulations, ordinances, zoning, orders, covenants,
conditions, restrictions, easements, rights of way, and matters of record encumbering or affecting
the Premises.
3. Tenant shall comply with all terms and provisions of the Lease. Moreover, Tenant acknowledges
and agrees that (i) in no event shall Landlord’s authorization diminish, amend, or waive any of the
duties, liabilities and obligations of Tenant under the Lease; (ii) this letter is not an amendment or
modification to the Lease; and (iii) this letter supplements, and does not supersede or replace, any
other letter or authorization issued by Landlord to Tenant.
October 5, 2023
76
Page 2 of 2
Under no circumstances shall Realty Income or the Landlord be liable under any contract or agreement
entered into by Tenant. By taking any action in furtherance of this Request for Authorization, including
without limitation submitting any documentation executed by Landlord or Realty Income to the relevant
authority, Tenant accepts, acknowledges and agrees to the conditions and limitations set forth herein.
Sincerely,
REALTY INCOME CORPORATION
By:
__________________________________________
Phil Glick
Property Manager