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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SMA-2023-000040) RGo1d coastSMA AJR 11/7/23 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION GOLD COAST SP LLC SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2023-000040) Upon careful review of the applicant's request against the guidelines for granting of a Special Management Area Use Permit, the Planning Director recommends that this request to construct a two (2) story, 3,934 square foot single-family residence, two (2) car garage, covered lanai, and related improvements on 23,958 square feet (sf) of land situated within the Special Management Area (SMA) be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the 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: The applicant requests a Special Management Area Use Permit to construct a 3,934 square foot single-family residence containing two(2) stories,five(5)bedrooms, and three (3) bathrooms. The ground floor is proposed to contain two (2) bedrooms, one (1) full bathroom, a recreation room, a laundry, and storage room, and a two (2) car garage. The second floor would have three(3)bedrooms,two(2)full bathrooms,a kitchen,living room, and a covered lanai. According to County records,there is no existing development on the subject parcel. The dwelling will utilize a Department of Health approved individual wastewater system (IWS). County water is not available to the site; however,the applicant intends to drill a water well and install a water pump for residential use in accordance with the rules and regulations of the Commission on Water Resource Management (CWRM). An array of twenty (20) solar panels will be used for electricity. The grounds for approving development within the Special Management Area are based on HRS, Chapter 205A-26(2) (Special Management Area guidelines) and Rule 9- 11(e) of the Planning Commission Rules of Practice and Procedure. Planning Commission Rule 9-11(e) states that the Planning Commission may permit the proposed development only upon finding that: -1- 1. The development will not have any significant adverse environmental or ecological effect except as such adverse effect is minimized to the extent practicable and is clearly outweighed by public health, safety, or compelling public interest. 2. The development is consistent with the Special Management Area objectives, policies and guidelines as provided by Chapter 205A, HRS. 3. The development is consistent with the General Plan, Community Plan, Zoning Code, and other applicable ordinances. 4. The development will, to the extent feasible,reasonably protect native Hawaiian rights if they are found to exist, including specific factual findings regarding: a. The identity and scope of valued cultural historical or natural resources in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area. b. The extent to which those resources including traditional and customary native Hawaiian rights,will be affected or impaired by the proposed action; and c. The feasible action,if any,to be taken by the Authority to reasonably protect any valued cultural, historical, or natural resources including any existing traditional and customary native Hawaii rights. In review of the SMA guidelines as listed under HRS 205A-26(2)(A), the proposed development will not have any significant adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. In considering the significance of potential environmental effects,the Director shall consider the sum of those effects that adversely affect the quality of the environment and shall evaluate the overall and cumulative effects of the action on the Special Management Area. Such adverse effects shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect and eliminate planning options. The proposed single-family residence is within a well-developed shoreline subdivision with numerous residential structures and related development adjacent to the -2- subject parcel. The proposed development will be set approximately 150-feet from the approximate shoreline, minimizing the impacts from coastal erosion and other ocean impacts. Based on the above factors the proposed project will not significantly alter or impact coastal resources nor impact access to and along the shoreline. The area surrounding the subject parcel has been used for over 60 years as a residential community therefore the land has been altered by historic land disturbance common to residential development. The property contains primarily invasive and non- native floral species; therefore, it is not anticipated that any rare or endangered floral or faunal species would be found on the parcel, nor would any be affected by the proposed project. A home on this property would have no adverse effect on natural beauty and scenic view planes since it is in line with the surrounding development that has been existing for decades. Based on the small size and characteristics, it is anticipated that no historic properties are affected, and there would be no change to the shoreline/fishing access or cultural practices that take place along this coastline. In reviewing the proposed development against the factors that may constitute a substantial adverse effect as listed under Planning Commission Rule 9-10(H) (1-10),it has been determined that the proposed project to demolish an existing dwelling and construct a new single-family residence and related development on a 23,958-square foot parcel of land will not have a significant adverse environmental or ecological effect upon the Special Management Area. In review of the SMA guidelines as listed under HRS 205A-26, the proposed development is consistent with the objectives and policies as provided by Chapter 205A-26, HRS, and Special Management Area guidelines contained in Rule No. 9 of the Planning Commission Rules of Practice and Procedure. The purpose of Chapter 205A-26, Hawai`i Revised Statutes (HRS) and Rule 9 of the Planning Commission Rules of Practice and Procedure, is to preserve, protect, and where possible,to restore the natural resources of the coastal zone areas. Therefore,special controls on development within an area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options. The objectives and policies of Chapter 205A-26, HRS and Rule 9-10(h) include, but are not limited to, the protection of coastal recreational resources, historic resources, scenic and -3- open space resources, coastal ecosystems, marine resources, beaches, and controlling development in coastal hazard areas. The proposed construction of a new single-family residence and related improvements is consistent with the objectives and policies of the Coastal Zone Management Program (Chapter 205A, Hawaii Revised Statutes) including: Recreational Resources: Access to the shoreline is via a 5-foot-wide pedestrian access path located west of the subject property at the end of Ala Heiau Road.The proposed project will support public coastal recreational opportunities by not interfering with or impeding on the public shoreline access fronting the property or at other locations within the subdivision. Historic Resources: Although no commissioned archaeological survey of the site was conducted it is highly unlikely that any historic sites would be found on the property as the parcel has been previously cleared. As such,no valuable cultural resources and practices have been known to occur on the parcel. Additionally, there would be no historic resources, such as the shoreline, that would be adversely affected by the proposed project. Scenic and Open Space Resources: The proposed project site is not visible from the vantage point of any public highway since there is no view from the highway towards the project site. The proposed project will not impact scenic or open space resources and the use of a single-family residence is consistent with the other homes along this section of shoreline. Coastal Ecosystems and Marine Resources: The subject property abuts the shoreline; however, the design of the proposed residence and the conditions of construction permits will minimize potential impacts to coastal resources such as soil erosion. All mandated setbacks and government regulations related to runoff and nearshore waters will be adhered to. No threatened or endangered animal or plant species are present and as such no adverse impact to flora, fauna, or ecosystems would be expected to result from the proposed development or any activities associated with the use.It should also be noted that the applicants use of a State Department of Health (DOH) approved wastewater treatment unit will further mitigate impacts to the nearshore environment by the proposed development. -4- Coastal Hazards: The property contains primarily non-native vegetation, and no native or endemic species are known or have been observed. The property is predominantly within Flood Zone X with a portion of the shoreline located within Flood Zone VE. Occupied structures are planned to be elevated above base flood elevations plus freeboard, and properly engineered to withstand wind and water loads. The proposed structures will not be subject to such flooding since the dwelling will be built according to flood zone regulations and will be outside the 40-foot shoreline setback more than 100-feet from the shoreline. Additionally,the subject property lies approximately 25 feet above sea level and within the tsunami evacuation zone. However, the subject parcel is within the coverage zone for a Civil Defense siren located within the hawaiian Paradise Subdivision. Staff notes that the Ala Heiau Road would be the main evacuation route for citizens in this area. Based on the above information, the proposed development is consistent with the objectives and policies of Chapter 205A, HRS. The proposed development is consistent with the County General Plan, Puna Community Development Plan (PCDP), Zoning Code, and other applicable ordinances. The General Plan Land Use Pattern Allocation Guide (LUPAG) for the County of Hawaii is a policy document expressing the broad goals and policies for the long-range development of the Island of Hawai'i. The plan was adopted by ordinance in 1989 and revised in 2005. The map designation for the subject property is open (ope), which is intended for Parks and other recreational areas, historic sites, and open shoreline areas. While the proposed development is not in-line with this designation, it will complement the goals, policies, and standards of the Land Use Elements of the General Plan and fits within the character of the existing subdivision. The proposed action is in balance with the natural, cultural, and social environment of the County, and it will create temporary construction jobs for local residents and indirectly affect the economy through construction industry purchases from local suppliers. The residence and associated improvements would be compatible with the existing single-family homes and recreational uses in the area surrounding the subject parcel. Additionally,the entire property is zoned by the County of Hawaii as Agricultural 1-acre(A-la)as well as the surrounding properties which are all zoned A-la and developed -5- with single-family dwellings. These properties range in size from approximately 10,000 to 20,000 square feet. The newly proposed dwelling and associated improvements will be designed and constructed in a manner that is in keeping with the neighborhood. Lastly, the proposed development is consistent with the Puna Community Development Plan (PCDP). The PCDP was developed under the framework of the February 2005 County of Hawaii General Plan and was adopted in 2008 via Ordinance No. 08-116 by the Hawaii County Planning Commission. The requested project aligns with the following goals of the PCDP; reducing risk of coastal development from flooding and erosion; expanding economic opportunities for Puna's residents; and retaining the rural character while preserving natural and cultural resources. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist.In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian rights, such as 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: Based on the long development history of the subject parcel is highly unlikely that any historic sites would be found on the property. In conformance with review criteria the project was submitted to the State Historic Preservation Division (SHPD) for a HRS, Ch. 6E-42 review in which SHPD determined that no historic properties would be affected by a portion of the proposed project (Well). SHPD did not response to a request for additional reviewing which assumes they reviewed the entire site for development when a response was provided. Since the project area has been previously disturbed by grading for the existing subdivision and is currently overgrown with non-native vegetation it is assumed that no historic properties would be affected by the proposed project. The valuable cultural, historical, and natural resources found in the area: The applicant notes that the subject parcel is located adjacent to an established public shoreline access trail and no changes to access or use are proposed or anticipated. It is not known whether the subject site or immediately surrounding area was ever used for the gathering of plants by native Hawaiians. Given the residential development of the area, it would -6- appear very unlikely that the site would serve such a purpose today and/or in the recent past. Thus,the project does not appear to present any cultural impacts. Possible adverse effects or impairment of valued resources: No floral or faunal species listed as threatened, endangered, or proposed for listing under the federal or state endangered species statutes were identified on the site. Additionally, no species used for cultural gathering purposes were identified within the project area. The residential nature of the surrounding areas would make it less likely to find other protected or endangered animal life in this area. All construction and demolition activities will follow Best Management Practices to minimize adverse point and non-point pollution to coastal resources and surrounding areas. Feasible actions to protect native Hawaiian rights: A public pedestrian access route to the shoreline is located at the end of Ala Heiau Road as well as 500-feet from the property at Maku`u Cliffs. According to the County's Shoreline Access website, this coastline is used for hiking, swimming, fishing (with restrictions), kayaking and surfing. The shoreline public access nearby to the property or along the shoreline will not be affected by this project. Lastly, this recommendation for approval is made with the understanding that the applicant remains responsible for complying with all other applicable government requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many 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 findings, the proposed development will not have substantial adverse impacts on the environment, nor will its approval be contrary to the objectives and policies of Chapter 205A,HRS,relating to Coastal Zone Management and Rule No.9 of the Planning Commission relating to the Special Management Area. Approval of this request is subject to the following conditions: -7- 1) The applicant(s), its successor(s), or assign(s) ("Applicant") shall be responsible for complying with all stated conditions of approval. 2) The Applicant shall secure all necessary approvals and permits from other affected Federal, State, and County agencies as necessary to comply with all applicable laws and regulation. 3) Construction of the new single-family residence and related improvements shall be conducted in a manner that is substantially representative of plans and details as contained within the SMA Permit application dated August 29, 2023, and representations made to the Windward Planning Commission. 4) Construction of the proposed development shall be completed within five (5) years from the effective date of this permit. 5) Artificial light from exterior lighting fixtures, including, but not necessarily limited to floodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be prohibited if the light directly illuminates, or is directed to project across property boundaries toward, the shoreline and ocean waters, except as may otherwise be permitted pursuant to Section 205A-71(b), Hawaii Revised Statutes. 6) All construction and maintenance activities shall comply with Chapter 27, Flood Control of the Hawaii County Code. 7) All earthwork and grading shall conform to Chapter 10,Erosion and Sedimentation Control of the Hawaii County Code. 8) All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 9) The method of sewage disposal shall meet with the requirements of the Department of Health. 10) The Applicant shall ensure that excessive siltation and turbidity of stream and ocean waters are contained or otherwise minimized through the use of silt containment devices or barriers, or other approved Best Management Practices as approved by the Planning Director. 11) During construction,measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. -8- 12) 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. 13) No land alteration, grubbing, landscaping or construction activities, including but not limited to,the stockpiling of debris,construction materials or equipment, shall occur in the shoreline setback area without securing a prior written determination of minor structure or activity pursuant to Rule 11-8 from the Planning Director or approval of a Shoreline Setback Variance from the Planning Commission. 14) An initial extension of time for the performance of conditions within this permit may be granted by the Planning Director upon the following circumstances: A. The 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 this 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). 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. 15) Should any of the foregoing conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate procedures to revoke the permit. -9-