HomeMy WebLinkAboutPD Background Report (PL-USE-2024-000031)-1-
BNaniPaniauEstateLLCUSE.ja.2-14-25
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
BACKGROUND REPORT NANI PANIAU ESTATE LLC
USE PERMIT APPLICATION (PL-USE-2024-000031) __
NANI PANIAU ESTATE LLC is requesting a Use Permit to allow the establishment of a 5-
bedroom bed & breakfast operation within an existing dwelling on a 1.63-acre parcel of land in
the Single-Family Residential zoning district. The subject property is located at 69-2014 Paniau
Place, on the west (makai) side of Paniau Place, Lālāmilo, Puakō, South Kohala, Hawaiʻi, TMK:
(3) 6-9-001:021.
APPLICANT’S REQUEST
1. Request: The applicant is requesting a Use Permit to establish a 5-bedroom bed and
breakfast operation within an existing 6-bedroom dwelling on the subject property. The
bed and breakfast will provide overnight accommodation in 5 rentable rooms for a
maximum of 10 guests for a period of less than 30 days. A sixth bedroom will serve as the
primary residence of the property’s caretaker. Breakfast will be provided for registered
guests only and no other meals will be provided.
2. Reason for Request: The applicant has requested to establish a bed and breakfast to
provide visitors to Hawaiʻi with an alternative lodging experience, outside of the typical
resort environment. The proposed use will also provide housing for the bed and breakfast
operator.
3. Staffing/Employees: The bed and breakfast establishment will be operated by an on-site
caretaker.
4. Hours of Operation: Overnight accommodation for guests with observed quiet hours
between 9:00 pm and 8:00 am.
5. 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
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.
6. Landowner: Nani Paniau Estate LLC.
-2-
7. Supportive Information: The applicant has submitted the attached in support of the
request. (Planning Department Exhibit 1 – Use Permit Application dated November
7, 2024)
BACKGROUND INFORMATION
8. Building Permit History:
• Building Permit No. 946001, completed on December 22, 1994, for a new 6-
bedroom dwelling.
• Building Permit No. 016546, completed on November 30, 2001, for an alteration
to add a study room and bath on the second floor.
• Building Permit No. PW.B2024-002593, issued on June 22, 2024, to construct a
new lanai and pool. This building permit is not yet completed.
• Building Permit No. PW.B2024-003649, submitted on August 30, 2024, to
construct a new detached garage. This building permit has not yet been issued or
completed.
DESCRIPTION OF STATE AND COUNTY PLANS
9. State Land Use District: Urban.
10. General Plan Land Use Pattern Allocation (LUPAG) Map: Low Density Urban, which
allows for residential, with ancillary community and public uses, and neighborhood and
convenience-type commercial uses; overall residential density may be up to 6 units per
acre. A small portion of the parcel along the makai boundary line is designated Open, which
is land that is not used for buildings or structures and is characterized by scenic beauty,
existing openness, and natural conditions.
11. County Zoning: Single-Family Residential – 10,000 square feet (RS-10).
12. South Kohala Community Development Plan (SKCDP): The SKCDP, adopted by
Ordinance No. 08 159 on December 1, 2008, does not provide guidance on Use Permit
applications for the Puakō area.
13. Special Management Area (SMA): The property is within the County’s Special
Management Area, with the western property boundary located between 10-30 feet from
the nearest shoreline. On April 15, 2024, the applicant requested a Special Management
Area (SMA) determination, to permit proposed construction on the subject property,
including demolition of an existing pool, and new construction to include 1,200-square feet
-3-
of pavement, a new pool, an 1,800-square foot deck and a 300-square foot pool equipment
building. The Planning Director determined that the proposed construction was consistent
with the approval and conditions of SMA Use Permit No. 326, originally approved on
December 3, 1991, allowing a 10-lot residential subdivision and related improvements.
(Planning Department Exhibit 2 – SMA Determination Letter dated May 15, 2024)
14. Coastal Zone Management: The entire State of Hawai‘i lies within the Coastal Zone
Management area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
15. Subject Property: The subject property is irregular in shape and improved with a 2-story,
6-bedroom, 8.5-bath single-family dwelling, a driveway and parking area. Although the
dwelling is recorded by the Real Property Tax Office as having 7 bedrooms, the building
permit record shows that the property has 6 permitted bedrooms and a library. There are
several easements on the subject property for identified archeological site purposes and
electrical purposes.
16. Surrounding Zoning/Land Uses: The subject property is located within the Nani Paniau
subdivision, a private 9-lot subdivision under single ownership and management.
Surrounding parcels are similarly zoned Single-Family Residential – 10,000 square feet
(RS-10) and used for residential purposes. The subdivision is surrounded on three sides by
Open zoning and there is a large State-owned property to the east zoned Agricultural- 5
acres (A-5a).
17. Flood Insurance Rate Map (FIRM): The property is located within Zone “X,” an area
determined by FEMA to be an area of minimal flood hazard.
18. Flora/Fauna Resources: No formal survey was conducted of the floral and faunal
resources of the site. The applicant does not believe that rare or endangered floral or faunal
resources are likely to be found within or proximate to the subject site as this area has been
cleared and developed for residential uses. According to the applicant, vegetation in the
permit area consists of areca and fan palms, hibiscus, and ti, while animal species include
dove, house sparrow, house finch, saffron finch, Japanese White-eye, and myna in addition
to domestic animals such as cats, dogs, and other animals like rats and mongoose.
19. Archaeological/Cultural/Historical Resources: An archeological inventory survey,
archeological data recovery plan and a mitigation program were prepared and approved by
-4-
the State Historic Preservation Division (SHPD) as part of the SMA review process, for
SMA Use Permit No. 326. Specifically, the Archeological Inventory Survey for the Paniau
Development Parcel Project Area was approved by SHPD by letter dated July 28, 1992.
Subsequently, the Archeological Mitigation Program, Paniau Development Parcel Project
Area, Mitigation Plan for Data Recovery, Interim Site Preservation, Contingency Burial
Treatment, and Monitoring, was approved by SHPD by letter dated September 21, 1992.
Following these approvals, several easements were established on the subject property to
preserve and buffer identified archeological features and anchialine ponds. The existing
public access and other existing easements will not be affected by the proposed use of
existing buildings as a bed and breakfast operation. The applicant states they are unaware
of use of the subject property by Native Hawaiians for gathering purposes, however they
will honor documented claims of gathering or access rights.
20. Public Access: An existing public access easement runs along the shoreline, perpendicular
to the subject property. Additionally, a mauka-makai public access easement, originally
located along the southern boundary of the subject property (Easement 18), was relocated
to the adjacent property (TMK 6-9-001:023) following the recordation of an amended
declaration, dated February 12, 2021. (Planning Department Exhibit 3 – Revised
Overall Lot Plan dated February 1, 2021)
PUBLIC UTILITIES AND SERVICES
21. Access/Parking/Traffic: The subject property is accessed from Paniau Place, a privately
owned and maintained, paved roadway. Six parking stalls will be available for guests and
the applicant anticipates little effect on traffic in the area, given that traffic will be limited
to guests of the proposed 5-bedroom bed and breakfast.
22. Water: The Department of Water Supply (DWS) notes that the subject parcel is
allocated one unit of water, limited to an average daily usage of 400 gallons, through an
existing master water meter serving the 9-lots within the subdivision. Since the master
meter is limited to an average daily usage of 4,000 gallons, DWS notes that a flow-
reducing device may be installed on the meter should water consumption exceed its rated
capacity.
23. Wastewater: There is no public sewer available in the area. The applicant notes that the
existing dwelling is currently serviced by two permitted individual wastewater systems.
-5-
24. Solid Waste: The Department of Health (DOH) notes that solid waste shall be properly
disposed of at DOH-permitted solid waste management facilities.
25. Food Service Operations: By definition, bed and breakfast establishments may only
provide breakfast meals to guests. The Department of Health (DOH) notes 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.
26. Essential Utilities and Services: Electrical and telephone services are available to the
subject property. The South Kohala Fire Station is located 5 miles east of the subject
property and police services are located approximately 16 miles northeast of the subject
property, in Waimea.
AGENCY COMMENTS
27. State Department of Health (Planning Department Exhibit 4 – February 18, 2025
Memo).
28. Department of Public Works – Building Division (Planning Department Exhibit 5 –
March 13, 2025 Memo).
29. Department of Water Supply (Planning Department Exhibit 6 – March 31, 2025
Letter).
AGENCIES – NO COMMENTS/NO CONCERNS
30. Police Department.
AGENCIES – NO RESPONSE
31. Department of Public Works – Engineering Division, Department of Environmental
Management, Fire Department, Real Property Tax Office.
PUBLIC COMMENTS
32. There are no public comments to date on this application.
194 Wiwoole St. Hilo, HI 96720
(808) 333-3393
info@landplanninghawaii.com
February 12, 2025
Mr. Jeffrey Darrow, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Attn: Jessica Andrews
Revised Application Package for Use Permit Application (PL-USE-2024-
000031)
Applicant: Nani Paniau Estate LLC
Puakō Beach, Kohala Coast, South Kohala, Hawaii TMK: (3) 6-9-001:021___
Electronically transmitted here within for your review and processing is a revised application
package requesting a use permit for the above referenced applicant to allow the operation of a 5-
bedroom bed and breakfast on the subject parcel. The property is located the makai side of Puakō
Beach Drive, about 3.1 miles southwest of its intersection with Queen Ka‘ahumanu Highway in
South Kohala.
This application is being resubmitted with a revised background report, site plan and floor plan
to identify the rooms in the dwelling which are proposed to be used for the bed and breakfast
accommodations as well as to address the Planning Department’s comments pertaining to the
previously proposed caretaker’s residence and to provide clarity on the dwelling’s kitchen. The
revised plans have removed the caretaker’s residence. Instead, the caretaker will reside in one of
the rooms in the main dwelling, as identified on the floor plan provided. Additionally, to clarify,
the dwelling contains one (1) large kitchen with a pantry separated by a kitchen hallway. The
labeling of these areas has been revised on the site plan for clarity.
This resubmittal includes: a) the application form; b) a letter of authorization allowing our office
to file the application on the landowner’s behalf; c) a list of surrounding property owners within
three hundred (300) feet of the subject parcel; and d) a background & environmental report,
which includes the location and proposed site plan.
We trust that everything is in order for your acceptance and processing of this application. If not
or if there are questions relating to this matter, please feel free to direct them to me. Thank you.
Sincerely,
JOHN PIPAN
Planning Administrator
USE PERMIT APPLICATION
COUNTY OF HAWAI PLANNING COMMISSION
(Type or legibly print the requested information)
APPLICANT(S):
APPLICANT’S SIGNATURE: DATE:
ADDRESS:
LIST APPLICANT’S INTEREST (if not owner):
PHONE: (Bus.) (Res.) (Email)
REQUEST:
TAX MAP KEY(S): ZONING:
SIZE OF PROPERTY / AREA OF REQUESTED USE:
LANDOWNER(S):
FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION
(may be provided by letter with the below statement included):
DATE:
DATE:
AGENT:
AGENT ADDRESS:
PHONE: (Bus.) (Res.) (Email)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: COPIES:
194 Wiwoole Street, Hilo, HI 96720
Land Planning Hawaii LLC
808-333-3393 info@landplanninghawaii.com
Agent Applicant
(3) 6-9-001:021
Nani Paniau Estate LLC
Nani Paniau Estate LLC
1.63 acres
RS-10
1.63 acres
3130 Wilshire Boulevard, Suite 600 Santa Monica, CA 90403
To obtain a Use Permit in order to operate a 5-bedroom bed and breakfast
TO WHOM IT MAY CONCERN:
As landowner of parcel identified by TMK: (3) 6-9-001:021, I hereby consent and authorize
Land Planning Hawaii LLC to file and process a Use Permit Application on my behalf.
NANI PANIAU ESTATE LLC
By: _____________________________________________________________________
Sign Date
_____________________________________________________________________
Print Name Title
LISTING OF RECORDED OWNERS AND LESSEES
THREE HUNDRED FEET OF
TAX MAP KEY (3) 6-9-001:021
ParcelId OwnerName OwnerAddress2 OwnerCityStZip
690010210000 NANI PANIAU ESTATE LLC 3130 WILSHIRE BLVD STE 600 SANTA MONICA CA 90403 2349
690010170000 STATE OF HAWAII
690010170000 DHL MAHI OPCO LLC 235 MONTGOMERY ST STE 1130 SAN FRANCISCO CA 94104 3010
690010280000 PANIAU COMMUNITY ASSOCIATION 3130 WILSHIRE BLVD STE 600 SANTA MONICA CA 90403 2349
690010270000 NANI PANIAU ESTATE LLC 3130 WILSHIRE BLVD STE 600 SANTA MONICA CA 90403 2349
690010260000 NANI PANIAU ESTATES LLC 3130 WILSHIRE BLVD STE 600 SANTA MONICA CA 90403 2349
690010250000 NANI PANIAU ESTATE LLC 3130 WILSHIRE BLVD STE 600 SANTA MONICA CA 90403 2349
690010240000 NANI PANIAU ESTATE LLC 3130 WILSHIRE BLVD STE 600 SANTA MONICA CA 90403 2349
690010230000 NANI PANIAU ESTATE LLC 3130 WILSHIRE BLVD STE 600 SANTA MONICA CA 90403 2349
690010070000 NANI PANIAU ESTATE LLC 3130 WILSHIRE BLVD STE 600 SANTA MONICA CA 90403 2349
690010200000 NANI PANIAU ESTATE LLC 3130 WILSHIRE BLVD STE 600 SANTA MONICA CA 90403 2349
690010180000 NANI PANIAU ESTATE LLC 3130 WILSHIRE BLVD STE 600 SANTA MONICA CA 90403 2349
690060510000 STATE OF HAWAII
690060520000 STATE OF HAWAII
690010020000 STATE OF HAWAII
1
COUNTY BACKGROUND & ENVIRONMENTAL REPORT
COUNTY USE PERMIT REQUEST
NANI PANIAU ESTATE LLC
PUAKŌ BEACH, KOHALA COAST, HAWAI‘I
TMK: (3) 6-9-001: 021
2
Table of Contents
I. INTRODUCTION ............................................................................................................ 4
II. PROJECT DESCRIPTION .............................................................................................. 4
3A. Project Concept and Components ............................................................................. 4
3B. Subject Property Description .................................................................................... 8
3C. Institutional Considerations..................................................................................... 11
State Land Use ..................................................................................................... 11
Special Management Area ................................................................................... 11
County Zoning and General Plan ......................................................................... 11
General Plan Discussion ...................................................................................... 12
South Kohala Community Development Plan ..................................................... 14
3D. Surrounding Zoning and Land Uses........................................................................ 15
3E. Flood Insurance Rate Map ...................................................................................... 15
3F. Archaeological Resources ....................................................................................... 17
3G. Valued Cultural Resources ...................................................................................... 17
3H. Flora and Fauna Resources ..................................................................................... 17
3I. Description of Access.............................................................................................. 18
3J. Traffic Impacts ........................................................................................................ 18
3K. Availability of Utilities............................................................................................ 18
III. REGULATORY ANALYSIS ........................................................................................ 18
4A. Conformance to Zoning Code and General Plan .................................................... 18
4B. Impacts to Surrounding Properties .......................................................................... 19
4C. Impacts to Public Agencies ..................................................................................... 20
IV. Conclusion ...................................................................................................................... 20
3
Figures
Figure 1 – Location Map: ......................................................5
Figure 2 – Site Plan & Operator Quarters Plan......................6
Figure 3 – B&B Floor Plan ....................................................7
Figure 4 – Zoning Map ..........................................................9
Figure 5 – State Land Use Map .............................................10
Figure 6 – LUPAG Map ........................................................12
Figure 7 – Flood Hazard Map ................................................16
..........................................
4
I. INTRODUCTION
Nani Paniau Estate LLC (“applicant”) is requesting a use permit to operate a 5-bedroom bed
and breakfast on the subject residentially zoned property. The property is located within the
Nani Paniau Subdivision, located at the southern terminus of Puakō Beach Drive, about 3.1
miles southwest of its intersection with Queen Ka‘ahumanu Highway (Figure 1). It contains
1.63 acres of land and one single-family dwelling and is within the urban State land use
district.
Alternative visitor experiences are in high demand in Hawaii. Many visitors to Hawaii are
looking for accommodations and experiences outside of the typical resort environment. Bed
and breakfast accommodations provide alternative lodging sites for visitors seeking a more
personal experience in Hawaii. The County, recognizing this trend, has established guidelines
in the Zoning Code, Section 25-4-7(b) regarding bed and breakfast establishments. Under the
proposed request, 5-bedrooms of an existing 7-bedroom single-family dwelling on the
subject property will be used as the bed and breakfast. One of the remaining two bedrooms
will be the caretaker’s bedroom and the other will be used as a library. To this end, the bed
and breakfast will be subordinate and clearly incidental to the principal use of the property as
the caretaker’s primary residence.
Approval of this bed and breakfast facility would be consistent with the social and physical
character of the surrounding residential area and would contribute to the economic
development of the County.
II. PROJECT DESCRIPTION
3A. Project Concept and Components
As noted above, the applicant proposes to operate a 5-bedroom bed and breakfast out of
an existing permitted single-family dwelling on the subject property. According to Real
Property Tax records, the existing dwelling was built in 1995 under Permit No. 946001.
This dwelling is 7,130 square feet and has seven (7) bedrooms, eight (8) bathrooms and
one (1) half bath. Only five (5) of the existing bedrooms would be used for the bed and
breakfast; the remaining two (2) bedrooms will be used as the caretaker’s bedroom and a
library and will not be used for transient overnight accommodations. A site plan and floor
plan of the existing and proposed improvements is attached as Figures 2-3. The proposed
bed and breakfast will provide overnight accommodations to a maximum of ten (10)
guests, for compensation, for a period of less than thirty days.
As the property is zoned Residential-10,00 square feet (RS-10) and located within the
Urban State land use district, a Use Permit is required to operate the bed and breakfast.
The applicant proposes the following elements be included as part of the Use Permit:
Resource Mapping Hawaii, Maxar, County of Hawaii IT Department
Parcels (current boundary lines)
Streams
Street Centerlines
Hawaii County District Boundary
Coastline
0 0.25 0.50.13 mi
0 0.4 0.80.2 km
1:16,050
Web AppBuilder for ArcGIS
The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes.
SUBJECT
PROPERTY
PUAKO
MAUNA LANI
FIGURE 1 - LOCATION MAP
CERTIFICATION
CONSULTANT
PROJECT
ARCHITECT
OPERATOR'S RESIDENCE
SITE PLAN
CLIENT
A -00
CERTIFICATION
CONSULTANT
69-2014 Paniau Place
Kamuela, HI 96743
TMK: 3690010210000
PROJECT
ARCHITECT
PROJECT NUMBER: 24009
ISSUE DATE: 10/29/24
DRAWING ISSUE:
CLIENT
NANI PANIAU ESTATE LLC
69-2014 Paniau Place
Kamuela, HI 96743
NOHO WORKSHOP
KANOA CHUNG
ARCHITECT, AR-18731
1970 KOLO RD.
KILAUEA, HI 96754
P: (808) 651-4979
E: KANOA@NOHOWORKSHOP.COM
Existing Easement 6
For Archeological Site Purposes
(Doc. No. A-77130480A
Thru A-77130480C)
40' Shoreline Setback
Property Line
Setback
Property Line
(E) Residence
(E) Lanai
Existing Easement 5
For Archeological Site Purposes
(Doc. No. A-77130480A
Thru A-77130480C)
Existing Easement 7 (Revised)
For Archeological Site Purposes
(Doc. No. A-77130480A
Thru A-77130480C)
(E) Driveway
Existing Easement 8
For Archeological Site Purposes
(Doc. No. A-77130480A
Thru A-77130480C)
Existing Easement 4
For Electrical Purposes
(Doc. No. A-77130480A
Thru A-77130480C)
Setback
Property Line
S e t b a c k
P r o p e r t y L i n e
Parking
Parking
Parking
Parking
Parking
Parking
P A N I A U P L A C E
N
08'16'32'
(N) Deck
& Pool
(N) Garage
N
08'16'32'
6'
-
2
5
/
8
"
10
'
-
1
0
1
/
2
"
4'-0"
O.H.
8'
-
1
0
7
/
8
"
6'-
0
"
O.
H
.
17
'
-
1
1
/
8
"
6'-
0
"
O.
H
.
38
'
-
0
"
13'-3 1/2"2'-8 1/2"
16'-0"
24'-0"
3'
-
9
1
/
8
"
9'
-
2
3
/
8
"
13
'
-
0
1
/
2
"
26
'
-
0
"
6'-2"5'-7 3/8"4'-2 5/8"4'-0"
O.H.
BEDROOM
KITCHENBATH
SCALE: 1" = 20'
1 B&B SITE PLAN
A-00
SCALE: 1/4" = 1'-0"
2 OPERATOR'S RESIDENCE
A-00
Paniau
Residence
FIGURE 2
CERTIFICATION
CONSULTANT
PROJECT
ARCHITECT
ESTATE RESIDENCE PLANS
CLIENT
A -01
CERTIFICATION
CONSULTANT
69-2014 Paniau Place
Kamuela, HI 96743
TMK: 3690010210000
PROJECT
ARCHITECT
PROJECT NUMBER: 24009
ISSUE DATE: 10/29/24
DRAWING ISSUE:
CLIENT
NANI PANIAU ESTATE LLC
69-2014 Paniau Place
Kamuela, HI 96743
NOHO WORKSHOP
KANOA CHUNG
ARCHITECT, AR-18731
1970 KOLO RD.
KILAUEA, HI 96754
P: (808) 651-4979
E: KANOA@NOHOWORKSHOP.COM
LIBRARY
BUNK ROOM
OP. ROOM
BATHROOM
OP. ROOM
HALLWAY
KITCHEN
LINEN HALLWAY
NICHE
HALLWAY
LIBRARY
BATHROOM
FAMILY
KITCHEN
PANTRY
WCRECREATIONALBATHROOM
RECREATIONALROOM
POOL
POWDER
DINING LIVING
ENTRY LANAI OFFICE
STAFFBATHROOM
SERVICE
ENTRY
MAIN LANAI
OP. ROOM
CLOSET
KITCHEN
HALLWAY
LAUNDRY
POWDERROOM
GUEST SUITE
TWO
GUEST SUITEONE
GUEST
PRIMARY SUITE
GUEST
PRIMARY SUITEBATHROOM
GUEST SUITEONE BATHROOM
GUEST SUITE
TWO BATHROOM
GUEST SUITETWO LANAI
GUEST SUITEONE LANAI
GUESTPRIMARY SUITELANAI
SCREENING
ROOM
POWDERROOM
SCREENINGLOUNGE
PRIMARY
BEDROOM
PRIMARY
LOUNGE
PRIMARYLOUNGEBATH
PRIMARY
BATHROOM
PRIMARYCLOSET
PRIMARYBATHROOM
PRIMARY
WC
PRIMARY
CLOSET
PRIMARY
TERRACE
N
SCALE: 1/8" = 1'-0"
1 ESTATE RESIDENCE PLANS
A-01
KITCHEN
EXTENSION
GUEST SUITE
THREE
GUEST SUITE
THREE BATHROOM
OPERATORS ROOM
Paniau
Residence
PANTRY
FIGURE 3
8
1. Five (5) bedrooms within the existing dwelling on the property will be rented as
overnight accommodations to up to 10 guests.
2. Breakfast may be provided only to registered guests and no other meals will be
provided.
3. Guests will be required to park within the six (6) designated on-site parking stalls
identified on the attached site plan (Figure 2).
4. Guests will observe quiet hours from 9:00 p.m to 8:00 a.m. and sound levels
during non-quiet hours will remain at a residential level.
5. The dwelling will serve as the primary residence of the property’s caretaker who
will operate the bed and breakfast.
6. Access will be from Paniau Place, a privately owned and maintained paved
roadway which connects to Puakō Beach Drive.
3B. Subject Property Description
The subject site, identified as TMK (3) 6-9-001:021, consists of 1.631 acres of land. The
parcel is part of the Nani Paniau Subdivision which was created in conjunction with SMA
91-326, approved in 1991 and subdivision number s6279, approved in 1993. The
subdivision consists of nine parcels with a combined area of 6.6224 acres and a private
roadway lot. It is a private, residential subdivision under the single ownership and
management of Nani Paniau Estate LLC. All of the parcels within this subdivision are
zoned Residential 10,000 square feet (RS-10) (Figure 4) and are within the Urban State
Land Use District (Figure 5).
The parcel is located along the shoreline, approximately 3.1 miles southwest of the
intersection of Puakō Beach Drive and Queen Ka‘ahumanu Highway in Puakō, South
Kohala, HI (Figure 1). Access to the parcel extends from Puakō Beach Drive via Nani
Paniau Place, a privately owned and maintained paved roadway. The parcel is generally
rectangular in shape. It currently contains a permitted single-family dwelling constructed
in 1995 under Permit No. 946001. Two (2) building permit applications are currently
pending with the Department of Public Works Building Division – one relating to
permitting of a new detached garage (PW.B2024-003649) and the other relating to
permitting of a new lanai and pool (PW.B2024-002593).
This area of the South Kohala District is considered Lava Zone 3, on a scale ranging from
9 to 1 (least hazardous to most). The property is located along the shoreline and is within
the Special Management Area, but is not within a Conservation District.
PuakoBeachDr
Puako
Petroglyph Park
Hopeaia
Fishpon
Pauoa Wa y N
K
a
n
i
k
u
D
r
M
a
u
n
aLani Dr Ala Ka'a Way
NPauoaRd
Puako B e a c h D r
H o o h a n a S t
Esri Community Maps Contributors, Esri, TomTom, Garmin, SafeGraph,GeoTechnologies, Inc, METI/NASA, USGS, EPA, US Census Bureau, USDA,
USFWS, County of Hawaii IT Department, Source: Esri, Maxar, Earthstar
Geographics, and the GIS User Community
Hawaii County Zoning
(road)
A-5a
CV-10
MCX-20
OPEN
RM-3
RM-4
RS-10
V-1.25
Parcels (current boundary lines)
Streams
Street Centerlines
Hawaii County District Boundary
Coastline
0 0.25 0.50.13 mi
0 0.4 0.80.2 km
1:16,050
Web AppBuilder for ArcGIS
The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes.
FIGURE 4 ZONING
SUBJECT
PROPERTY
PuakoBeachDr
Puako
Petroglyph Park
Hopeai
Fishpo
Pauoa Wa y N
K
a
n
i
k
u
D
r
M
a
u
n
aLani Dr Ala Ka'a Way
NPauoaRd
Puako B e a c h D r
H o o h a n a S t
Esri Community Maps Contributors, Esri, TomTom, Garmin, SafeGraph,GeoTechnologies, Inc, METI/NASA, USGS, EPA, US Census Bureau, USDA,
USFWS, County of Hawaii IT Department, Source: Esri, Maxar, Earthstar
Geographics, and the GIS User Community
State Land Use Classifications (SLU)
Agricultural
Conservation
Urban
Parcels (current boundary lines)
Streams
Street Centerlines
Hawaii County District Boundary
Coastline
0 0.25 0.50.13 mi
0 0.4 0.80.2 km
1:16,050
Web AppBuilder for ArcGIS
The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes.
FIGURE 5 STATE LAND USE
SUBJECT
PROPERTY
11
The Land Use Pattern Allocation Guide (LUPAG) designates this land as primarily Low
Density Urban with a small portion along the coast designated as Open (Figure 6). The
soils on this site are undesignated by the Land Study Bureau and the Agricultural Lands
of Importance to the State of Hawaii (ALISH) classification system.
3C. Institutional Considerations
State Land Use
The subject site is within the Urban State land use district (Figure 5). The
proposed use would not be contrary to the objectives of Chapter 205, or Title 15,
Chapter 15 of the Hawaii Revised Statutes. State land use laws and regulations
generally defer to the authority of the County regarding permitted uses within the
Urban district.
Hawaii County Code Chapter 25-5-3(b)(1) allows for the establishment of a bed
and breakfast on residentially zoned lands outside the State land use agricultural
district provided that a use permit is issued by the Planning Commission in
accordance with County Code Sections 25-2-62 to 65.
Special Management Area
The subject property is located along the shoreline and within the Special
Management Area (SMA). All existing improvements have been granted the
appropriate SMA approvals, as have the pending detached garage and pool
improvements, under SMA permit 326, approved December 3 1991.
County Zoning and General Plan
The subject property is zoned RS-10 (Figure 4). The County General Plan Land
Use Pattern Allocation Guide (LUPAG) map designates the parcel as primarily
Low Density Urban (Figure 6). This designation is intended for residential, with
ancillary community and public uses, and neighborhood and convenience-type
commercial uses with an overall residential density of up to six units per acre.
Relative to this designation, the General Plan and Hawaii County Code Chapter
25, Section 25-5-3(b)(1) allows for the establishment of a bed and breakfast on
residentially zoned lands outside of the State land use agricultural district
provided that a use permit is issued where the requested use meets certain criteria
as outlined in Section III of this report.
PuakoBeachDr
Puako
Petroglyph Park
Hopeaia
Fishpond
Pauoa Wa y N
K
a
n
i
k
u
D
r
M
a
u
n
a
ni Dr Ala Ka'a Way
NPauoaRd
Puako B e a c h D r
H o o h a n a S t
Esri Community Maps Contributors, Esri, TomTom, Garmin, SafeGraph,GeoTechnologies, Inc, METI/NASA, USGS, EPA, US Census Bureau, USDA,
USFWS, County of Hawaii IT Department, Source: Esri, Maxar, Earthstar
Geographics, and the GIS User Community
Land Use Pattern Allocation Guide (LUPAG)
Low Density Urban
Open Area
Resort Node
Urban Expansion
Parcels (current boundary lines)
Streams
Street Centerlines
Hawaii County District Boundary
Coastline
0 0.25 0.50.13 mi
0 0.4 0.80.2 km
1:16,050
Web AppBuilder for ArcGIS
The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes.
FIGURE 6 GENERAL PLAN LUPAG
SUBJECT
PROPERTY
13
General Plan Discussion
The Hawai‘i County General Plan serves as a guide for decision-makers in land
use matters. The proposed project is conducive to the General Plan’s guidelines as
it conforms to the following goals, policies, and standards of the General Plan:
Economic Elements:
2.2 Goals
(a) Provide residents with opportunities to improve their quality of life through
economic development that enhances the County’s natural and social
environments.
(b) Economic development and improvement shall be in balance with the
physical, social, and cultural environments of the island of Hawai‘i.
(c) Strive for diversity and stability in the economic system.
(d) Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County’s cultural,
natural and social environment.
(e) Strive for an economic climate that provides its residents an opportunity for
choice of occupation.
(f) Strive for diversification of the economy by strengthening existing industries
and attracting new endeavors.
2.3 Policies
(c) Encourage the development of a visitor industry that is in harmony with the
social, physical, and economic goals of the residents of the County.
Environmental Elements:
4.2 Goals
(a) Define the most desirable use of land within the County that achieves an
ecological balance providing residents and visitors the quality of life and an
environment in which the natural resources of the island are viable and
sustainable.
Land Use Elements:
14.1.2 Goals
(a) Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
14.1.3 Policies
14
(f) Encourage the development and maintenance of communities meeting the
needs of its residents in balance with the physical and social environment.
Additionally, the General plan also notes the following:
In recent years, niche tourism markets, such as eco-tourism and health
and wellness tourism have established themselves throughout the island.
Niche markets for these types of tourism have growth potential by
promoting the abundance of natural, historical and cultural resources this
island has to offer. While most of the larger resorts focus upon
recreational opportunities offered by the island’s coastal resources, these
niche tourism markets also take advantage of other natural and cultural
resources available from various locations throughout the County.
Discussion: Approval of the requested use permit would be in line with the
aforementioned economic, environmental and land use goals and policies of the
General Plan by providing an opportunity for the applicant to offer niche tourism
bed and breakfast accommodations while also earning supplemental income from
the property and providing long-term housing and employment for the on-site
caretaker. The caretaker would live on-site and ensure that all activities taking
place on the property conform to the character of the surrounding neighborhood
and that guests adhere to the County’s good neighbor policy by observing quiet
hours from 9:00 p.m. to 8:00 a.m., sound levels during non-quiet hours remain at
a residential level and guest vehicles are parked in the designated onsite parking
areas. Thus, approval of the proposed use permit will enhance economic
opportunities for the landowner and his employees (i.e. caretaker, cleaners,
landscapers, etc), while also encouraging a harmonious visitor experience that is
in keeping with the surrounding residential uses.
South Kohala Community Development Plan
The South Kohala Community Development Plan (SKCDP) attempts to further
define the General Plan and serves as a guide for decision-makers. The subject
property is located within the Puakō Community as identified in the SKCDP. The
requested project aligns with the following policies of the Puakō Community Plan
as outlined in the SKCPD:
Puakō Policy 1. Manage the effects of growth and development: The County
Government shall work closely with the Puakō Community to manage the effects
of growth and development in a responsible manner.
Strategy 1.2. Mitigate the impacts of development within the Puakō community
– The low density, single family home character of Puakō makes this area a very
desireable and pleasant place to live. Some privately owned land at the north end
of Puakō Beach Drive is zoned for urban development. However, the
15
overwhelming majority of residents of Puakō oppose any development in this area
that is not in keepign with the existing character of the community. Multi-family,
resort related, and multi-story structures should be prohibited.
Discussion: The subject property was developed in a responsible manner and in
accordance with all required SMA and building permits. The proposed project
seeks to utilize the existing permitted single-family dwelling as a 5-bedroom bed
and breakfast. Such use would be consistent with the residential use of the
property and other nearby properties, many of which are currently used as short-
term vacation rentals. Thus, approval of this request will not result in any change
to the area’s character and will be done in a cohesive and responsible manner.
3D. Surrounding Zoning and Land Uses
The subject parcel is located within the Nani Paniau Subdivision, a private, residential
subdivision under the single ownership and management of Nani Paniau Estate LLC. The
subdivision consists of nine RS-10 zoned parcels with a combined area of 6.6224 acres
and a private roadway lot.
The subject parcel is separated from the ocean by a narrow coastal State-owned public
beach parcel with a rocky shoreline, small white-sand beaches, and extensive tidal pools
that are frequented by local residents and visitors. To the north are several undeveloped,
Open zoned, State-owned parcels containing public beach access to the coastal area just
makai of the subject parcel, Paniau Beach. Just north of these State-owned parcels is the
RS-10-zoned Puako Beach Lots Subdivision, containing several approximately 15,000-
square foot, RA-10-zoned parcels used for residential and transient accommodation use.
The Nani Paniau Subdivision is bordered to the south and west by a large State-owned
parcel (TMK (3) 6-9-001:017), leased by Mauna Lani Resort, which contains the Puako
Petroglyph Park, Holoholokai Beach Park and a portion of the Mauna Lani Resort golf
course. The nearest neighboring residence is over 900 feet to the north of the subject
property.
The requested Use Permit to operate a bed and breakfast on the subject parcel would
remain in keeping with the surrounding residential and transient accommodation uses in
the area and would only allow transient overnight accommodations for up to 10 guests.
The impacts from such a small number of guests would be minimal.
3E. Flood Insurance Rate Map
The Federal Emergency Management Agency’s Flood Insurance Rate Map (FIRM)
designates the subject property to be in Flood Zone X (areas outside of the 500-year
flood) (Figure 7).
&ůŽŽĚ,ĂnjĂƌĚDĂƉ
dŝƚůĞ͗
EŽƚĞƐ͗
ŝƐĐůĂŝŵĞƌ͗dŚĞ,ĂǁĂŝŝĞƉĂƌƚŵĞŶƚŽĨ>ĂŶĚĂŶĚEĂƚƵƌĂůZĞƐŽƵƌĐĞƐ;>EZͿĂƐƐƵŵĞƐŶŽƌĞƐƉŽŶƐŝďŝůŝƚLJĂƌŝƐŝŶŐĨƌŽŵƚŚĞƵƐĞ͕ĂĐĐƵƌĂĐLJ͕ĐŽŵƉůĞƚĞŶĞƐƐ͕ĂŶĚƚŝŵĞůŝŶĞƐƐŽĨĂŶLJŝŶĨŽƌŵĂƚŝŽŶĐŽŶƚĂŝŶĞĚŝŶƚŚŝƐ
ƌĞƉŽƌƚ͘sŝĞǁĞƌƐͬhƐĞƌƐĂƌĞƌĞƐƉŽŶƐŝďůĞĨŽƌǀĞƌŝĨLJŝŶŐƚŚĞĂĐĐƵƌĂĐLJŽĨƚŚĞŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŐƌĞĞƚŽŝŶĚĞŵŶŝĨLJƚŚĞ>EZ͕ŝƚƐŽĨĨŝĐĞƌƐ͕ĂŶĚĞŵƉůŽLJĞĞƐĨƌŽŵĂŶLJůŝĂďŝůŝƚLJǁŚŝĐŚŵĂLJĂƌŝƐĞĨƌŽŵŝƚƐƵƐĞŽĨŝƚƐ
ĚĂƚĂŽƌŝŶĨŽƌŵĂƚŝŽŶ͘
F
Map Legend
100 ft
Map generated
on 11/06/2024
FIGURE 7 FIRM MAP
SUBJECT
PROPERTY
17
3F. Archaeological Resources
An archaeological inventory survey, archaeological data recovery plan and a mitigation
program were prepared and approved for the subject parcel in conjunction with the
creation of the Nani Paniau Subdivision. As a result of these studies, several easements
exist throughout the property to preserve and buffer the existing identified archaeological
features and anchialine ponds throughout the property. These easements are identified on
the site plan (Figure 2) and will not be affected by the proposed use of the property as a
bed and breakfast.
As the property has been thoroughly studied in the past, it is unlikely that any
archaeological or historic resources will be encountered on the property in conjunction
with the proposed use. Nevertheless, in the event any inadvertent discoveries are made
relating to this project, work will cease, and the applicant will immediately notify the
Planning Department and the State Department of Land and Natural Resources and
secure their clearances before proceeding further.
3G. Valued Cultural Resources
In view of Hawai‘i State Supreme Court’s “PASH” and “Ka Pa‘akai O Ka‘Aina”
decisions, the issue relative to native Hawaiian gathering and fishing rights must be
addressed. Specifically, there must be a discussion of the cultural, historical and natural
resources and associated traditional and customary practices of this site.
The Puakō area is used extensively for coastal recreational activities. The shoreline and
coastal water are important resources for traditional and customary native Hawaiian
rights. However, none of these sites or uses will be impacted by this request as the
established public access will not be affected. The shoreline is located on the public
beach lot makai of the project site and no uses are proposed in the shoreline setback.
Further, the subject site has been used residentially for many years and is extensively
landscaped. It is therefore unlikely to be used for gathering purposes today. Thus, the
project does not appear to present any cultural impacts. However, in the event
documented claims of gathering or access are made of this site the applicant will honor
them.
Based on the above, it does not appear that the project would have any potential adverse
impact relating to the cultural and historical resources of the area.
3H. Flora and Fauna Resources
Although there was no formal survey conducted of the floral and faunal resources of the
site, the applicants do not believe that rare or endangered floral or faunal resources are
likely to be found within or proximate to the subject site as this area has been cleared and
used residentially many years. Vegetation found in the project area consists of
landscaping plants typical of the area, including areca and fan palms, hibiscus, and ti.
18
While it is possible that native birds may visit the area or the subject property. All
proposed activities will occur within previously cleared areas so no impacts to native
flora and fauna are anticipated.
In addition, introduced bird species (such as dove, house sparrow, house finch, saffron
finch, Japanese White-eye, myna) are common in this area. Domestic animals such as
cats and dogs, and other animals like rats and mongoose are also common. These are all
common and not endangered.
As such, it is unlikely that the proposed use of the subject property would cause any
adverse faunal impacts.
3I. Description of Access
The parcel is located approximately 3.1 miles southwest of the intersection of Puakō
Beach Drive and Queen Ka‘ahumanu Highway in Puakō, South Kohala, HI (Figure 1).
Access to the parcel extends from Puakō Beach Drive via Nani Paniau Place, a privately
owned and maintained paved roadway.
3J. Traffic Impacts
Traffic in the area is generally made up of area residents. Traffic generated from the
request would be limited to registered guests of the proposed 5-bedroom bed and
breakfast and would remain consistent with the current residential levels. Thus, the
proposed use will not represent a significant increase in traffic.
3K. Availability of Utilities
HELCO power is available and connected to the site. Water is provided by the
Department of Water Supply and the property contains two permitted individual
wastewater systems (IWS). All other utilities are also available to the site.
III. REGULATORY ANALYSIS
4A. Conformance to Zoning Code and General Plan
Granting of the proposed use would be consistent with the general purpose of the zoning
district, the intent and purpose of the Zoning Code and the County General Plan. The
subject parcel is zoned RS-10 and the County General Plan Land Use Pattern Allocation
Guide (LUPAG) map designates the parcel as primarily low density urban (Figure 4).
This designation is intended for residential, with ancillary community and public uses,
and neighborhood and convenience-type commercial uses with an overall residential
density of up to six units per acre. Relative to these designations, the General Plan and
Hawaii County Code Chapter 25, Section 25-5-72(d)(1) allows for the establishment of
a bed and breakfast on agriculturally zoned lands outside of the State land use
19
agricultural district provided that a use permit is issued where the requested use meets
certain criteria as described herein.
The proposed use conforms to the Economic and Land Use Policies, Goals, and
Standards of the General Plan as is further outlined in Section II.3C of this report. These
elements of the General plan state that a project should provide residents with
opportunities to improve their quality of life through economic development that
enhances the County’s natural and social environments, and that those developments
shall be in balance with the physical, social, and cultural environments of the island of
Hawaiʻi. Additionally, the General Plan encourages diversification of the economy by
strengthening existing industries and attracting new endeavors and encourages the
development of small-scale accommodations which enable visitors to take advantage of
natural and cultural resources throughout the County versus large resorts that often focus
on coastal or resort-type recreational activities.
The proposed project is in alignment with these elements of the General Plan. Therefore,
approval of this bed and breakfast facility would be consistent with the social and
physical character of this Rural/Resort area. Additionally, the proposed project would
enhance economic opportunity for the applicant and contribute to the economic
development of the County while also providing additional alternative lodging choices
for visitors.
Furthermore, the proposed use would not substantially alter or change the essential
character of the land and the present use. Rather, the proposed project is intended to
preserve the essential character of land and residential use of the property so that it may
be enjoyed by others. The subject property is presently used residentially and will
continue to be used residentially under the proposed project as the property will serve as
the primary residence for the caretaker.
4B. Impacts to Community’s Character and Surrounding Properties
The desired use shall not adversely affect the surrounding properties. No changes are
proposed to the existing dwelling in conjunction with this Use Permit request and thus
the appearance of the property will remain essentially unchanged and consistent with the
surrounding area. This landscaping will remain in keeping with the character of the area.
All patrons will park on site in the designated parking spaces in the driveway. Based on
the maximum number of guests and anticipated frequency of trips, the proposed request
will not generate a significant increase in traffic. Additionally, the requested use should
not interfere with morning school and work traffic as guests are more likely to travel
during non-peak hours.
Though the bed & breakfast will be available for overnight accommodations, the on-site
caretaker will ensure that guests adhere to the County’s Good Neighbor Policy and
observe quiet hours from 9:00 p.m to 8:00 a.m. and that sound levels during non-quiet
hours will remain at a residential level. The on-site caretaker will be available to further
mitigate any potential adverse impacts from visitor use.
20
4C. Impacts to Public Agencies
The proposed project will not unreasonably burden public agencies to provide roads and
streets, sewers, water, drainage, school improvements, and police and fire protection.
The subject site is already accessible via Puakō Beach Drive and no additional utilities
will need to be provided by public agencies. The South Kohala Fire Station is
approximately 1.6 miles and the Hawaii County Police Department Office is
approximately 15 miles from the property.
The site is served by the County water system. Wastewater is currently handled by a
permitted individual wastewater system. The parcel is served by all other utilities.
Therefore, the proposed use is not expected to impact public agencies as it will not
require any services.
IV. Conclusion
Alternative visitor experiences are in high demand in Hawaiʻi. Many visitors to Hawaiʻi are
looking for accommodations and experiences outside of the typical resort environment. Bed
and breakfast accommodations provide alternative lodging opportunities for visitors seeking a
more personal experience in Hawaii while also providing permanent housing for the bed and
breakfast operator. Additionally, the proposed bed and breakfast establishment will provide an
appropriate scale of service in this rural, residential area and will maintain the unique small-
town character of the community. Thus, approval of the proposed use permit request would be
reasonable as it would enable the landowner to realize their goals without unduly burdening
public agencies or causing any substantial adverse impacts to the surrounding community.
County of Hawai‘i
PLANNING DEPARTMENT
www.planning.hawaiicounty.gov Hawai‘i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov
Zendo Kern
Director
Jeffrey W. Darrow
Deputy Director
Mitchell D. Roth
Mayor
Deanna S. Sako
Managing Director
East Hawai‘i Office
101 Pauahi Street, Suite 3
Hilo, Hawai‘i 96720
Phone (808) 961-8288
Fax (808) 961-8742
West Hawai‘i Office
74-lole Hwy
Kailua-Kona, Hawai‘i 96740
Phone (808) 323-4770
Fax (808) 327-3563
John Pipan, Administrator
Land Planning Hawai i
194 Wiwo ole Street
Hilo, HI 96720
Dear Mr. Pipan:
SUBJECT: Special Management Area Assessment Application
(PL-SAA-2024-000224)
Applicant: John Pipan
Landowners: Nani Paniau Estate LLC
Project: Construction of a Single-Family Dwelling and Demolition of a Pool,
Construction of New Pool with Deck and a Garage
Tax Map Key: (3) 6-9-001: 021, 024 & 025
Location: Puak , South Kohala
This is to acknowledge receipt of your letter dated April 15, 2024, requesting a Special
Management Area (SMA) determination for the construction of a 1,200 sq.ft. Single family
dwelling with a 600 sq.ft. lanai and the demolition of an existing pool and construction of a new
1000 sq.ft. new pool with an 1800 sq.ft. deck, and a new 1650 sq.ft. garage.
The proposed project consists of 3 TMKs: (3) 6-96-001: 021, 024 & 025. These parcels are in the
southernmost area of the 10-lot Paniau Subdivision. The parcels are zoned Single-Family
Residential (RS-10) by the County, designated Urban by the State Land Use Commission, and
designated Low Density Urban (ldu) and Open (ope) by the Hawai‘i County General Plan Land
Use Pattern Allocation Guide (LUPAG) Map. The parcels are shoreline parcels within the
Special Management Area (SMA) as defined by Section 205A-
(HRS).
John Pipan, Administrator
Land Planning Hawaii
Page 2
SMA Permit No. 326, approved on December 3, 1991, allowed for a 10-lot residential
subdivision and related improvements at the southern end of Puak There are
numerous easements located on the subject parcels including multiple Anchialine Pond Site
Purposes, Archaeological Site Purposes, Private Water System Purposes, Electrical Purposes and
Access Purposes. Lastly, there is a public access easement along the shoreline perpendicular to
the subject parcels.
Currently, on TMK (3)6-96-001:021 there is an existing 7,130 sq.ft. single-family residence,
pool and decking built in 1994. The remaining parcels 024 and 025 are vacant at the time of this
application.
Shoreline Area Determination:
The parcel is within the Special Management Area (SMA), as well as within the “shoreline area”
as defined by Section 205A-41, Hawai
provided by the applicant, a Shoreline Certification Survey was approved by the Board of Land
and Natural Resources (BLNR) on March 15, 2024, which demarcates the shoreline along the
-43(a)
Establishment of Shoreline Setbacks, “Setbacks along shorelines are established of not less than
forty feet inland from the shoreline.” All work will be sited outside of the minimum 40-foot
shoreline setback area.
Proposed Project:
The project consists of two parts:
1. On parcel 021; Construction of a new 1,650 sq.ft. garage, the addition of 1,200 square
feet of new pavement and the demolition of an existing pool to construct a new pool
on the makai side of the residence. A new 1,800 sq.ft. deck will be constructed near
the pool and lastly, a new 300 sq.ft. pool equipment building.
2. On parcels 024 & 025; construction of a new 1,200 sq.ft. 1-bedroom single-family
dwelling (SFD) with a 600 sq.ft. lanai. The applicant will at a later time seek to
adjust property lines between the two (2) parcels through a Lot Consolidation and
Resubdivision.
Special Management Area Determination:
After a thorough review of the proposed project, the director finds that the proposed
improvements and construction of a new Single-Family Dwelling, demolition, and construction
of a new Swimming Pool, Pool Equipment Building and Garage meets, or is consistent with the
approval and conditions of SMA 326. The project will not require further review against SMA
rules and regulations.
John Pipan, Administrator
Land Planning Hawaii
Page 3
While no additional SMA permit is required for this project, the applicant shall continue to
adhere to the conditions outlined in SMA 326 (1991).
However, please note that any substantive changes to the improvements listed in the current
application may require further review by this office and possibly the submittal of another SMA
Use Permit Assessment Application.
While further review of the proposed activities against the Special Management Area rules and
regulations will not be required at this time, all other applicable Zoning and Building Code
requirements must be satisfied. Additionally, pursuant to Planning Commission Rule 9-10(g),
“the Director may impose certain conditions with the exemption determination to assure that the
proposed use, activity or operation does not have a substantial adverse effect on the Special
Management Area.”
The Deputy Director has added the following conditions for the proposed project:
1. The applicant(s), its successor(s), or assign(s) (Applicant) shall be responsible for
complying with all stated conditions of approval.
2. Any substantive changes or further development, including but not limited to, the design
and size of the improvements not included in this determination shall require further
review and approval as provided under Chapter 205A, HRS, and Rule 9, Planning
Commission Rules of Practice and Procedure.
3. Prior to the submittal of a building permit for Parcels 024 and/or 025, the applicant shall
submit and receive approval of a consolidation/resubdivision application for these parcels.
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
regulations.
4. Other than the proposed project as described in this determination, no further work is
permitted under this approval.
5. A construction barrier shall be erected along the entire length of the 40-foot shoreline
setback line for Parcel 021 prior to the commencement of land altering and construction
activities and shall remain in place until final inspection has been granted by the Building
Division for the proposed demolition and construction of the swimming pool. The
construction barrier shall be shown and properly noted on the plans submitted for any
permits requiring land altering or construction activities. The construction notes on the
plans must include the following statement, “The construction (and/or erosion control)
barrier must be erected prior to any land altering or construction activities and must
remain in place until final inspection by Department of Public Works.”
John Pipan, Administrator
Land Planning Hawaii
Page 4
6. 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.
7. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawai‘i County Code.
8. All construction and maintenance activities on the subject parcel shall comply with
Chapter 27, Floodplain Management, of the Hawai‘i County Code.
9. That in issuing this determination, the Department has relied on the information and data
that the Applicant has provided in connection with this determination. If subsequent to
issuance of this determination, such information and data prove to be false, incomplete, or
inaccurate, this determination may be modified, suspended, or revoked, in whole or in
part, and/or the Department may, in addition, institute appropriate legal proceedings.
If you have questions regarding this document, please contact Derek Harbaugh of this office at
(808) 961-8038 or via email at Derek.Harbaugh@hawaiicounty.gov.
Sincerely,
JEFFREY W. DARROW
Deputy Planning Director
DSH:sklo
\\coh01\planning\public\wpwin60\CZM\Letters\2024\PL-SAA-2024-000224_SFD_and_NewPool_NaniPaniau.doc
Enclosure: Exhibit 1 –Site Plan
cc via email: GIS Section
FIGURE 2
I A U
JOSH GREEN, M.D.
GOVERNOR OF HAWAII
KE KIA'AINA 0 KA MOKU'AINA 0 HAWAI'I
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
H I LO, HAWAI 196721-0916
MEMORANDUM
DATE: February 18, 2025
TO: Mr. Jeffrey W. Darrow
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
KENNETH S. FINK, M.D, MGA, MPH
DIRECTOR OF HEALTH
KA LUNA HO'OKELE
SUBJECT: Use Permit Application (PL-USE-2024-000031)
Applicant: Nani Paniau Estate, LLC
Request: To Allow a Five Bedroom Bed and Breakfast Establishment
Within an Existing Dwelling.
TMK: 6-9-001:021, Puako Beach, S. Kohala, 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: https://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.
Jeffrey W. Darrow
February 18, 2025
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: https://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:
https://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: https://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. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, "Community Noise Control," shall not be exceeded unless a
noise permit is obtained from the Department of Health.
3. 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
https://health.hawaii.gov/irhb/asbestos/.
Safe Drinking Water Branch
Jeffrey W. Darrow
February 18, 2025
Page 3 of 4
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-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: https://health.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: https://health.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.gov/epo/landuse/.
Wastewater Branch
For comments, please email the Wastewater Branch at doh.wwb@doh.hawaii.gov.
Sanitation / Local DOH Comments:
1. The purpose of these guidelines is to provide interpretation of the Department of
Health's Administrative Rules, Title 11, Chapter 50, Food Safety Code, as it pertains to
Bed and Breakfast operations.
2. "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).
Jeffrey W. Darrow
February 18, 2025
Page 4 of 4
3. "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.
4. 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
from the Bed and Breakfast operators are received regarding their food service
operations.
5. 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.
6. 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.
7. 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.
wnream
DEPARTMENT OF WATER SUPPLY a COUNTYOFHAWAI'ISr
345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720
TELEPHONE (808)961-8050 • FAX(808)961-8657
March 31, 2025
TO: Mr. Jeffrey Darrow, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Use Permit Application (PL-USE-2024-000031)
Applicant: Nani Paniau Estate,LLC
Request:To Allow a Five(5)-Bedroom Bed& Breakfast Establishment
within an Existing Dwelling.Tax Map Key 6-9-001:021
We have reviewed the subject application and have the following comments.
Please be informed that the subject parcel is currently allocated one(1)unit of water through an
existing master water meter serving the 9-lots within the subdivision.The one(1)unit of water
assigned to the parcel is limited to an average daily usage of 400 gallons and suitable for only one
single-family dwelling.
We have no objection to the establishment of a bed and breakfast on the subject parcel. The applicant
shall be informed,through a copy of this letter,that the existing master meter is limited to an average
daily usage of 4,000 gallons,and the Department may install a flow-reducing device on the meter
should the consumption through the existing meter exceed its rated capacity.
Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at(808)961-8070, extension 256.
Sincerely yours,
Keith KKeithOkam±oP E
Manager-Chief Engineer
RQ:klcm
copy—Nani Paniau Estate LLC
Land Planning Hawaii, LLC
Water, Our 91iost Precious source. . . Ka Wai q T( ne. . .
nie Deparfinenl of Waler Supply isan Equal Oppodunily ausiderand employer.